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SECTION 11-0535-B
Vulnerable species
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 5
§ 11-0535-b. Vulnerable species.

1. As used in this section, "vulnerable species" shall mean any
species of wildlife designated by the department, by regulation filed
with the secretary of state, which meet the following criteria:

(a) On the basis of credible scientific evidence, which may include
information contained on the international union for conservation of
nature and natural resources red list of threatened species, or other
similar data:

(i) the species has an observed, estimated or projected population
decline that if unreversed, will likely result in the species becoming
endangered or threatened within the foreseeable future; or

(ii) other factors that may cause the species to go extinct if they
are not identified and reversed;

(b) The species is known to be in trade in this state;

(c) The species is not protected as an endangered or threatened
species by the secretary of the interior; and

(d) The species is not protected under the Marine Mammal Protection
Act.

2. Except as otherwise provided in subdivision three of this section,
no person shall sell, or possess with the intent to sell, any article
made in whole or in part from the skin, hide, or other parts of any
vulnerable species, except under license or permit from the department.

3. The commissioner may issue licenses or permits for the sale or
possession with intent to sell of any article made in whole or in part
from the skin, hide, or other parts of any vulnerable species, provided
that:

(a) the article is part of a bona fide antique and the antique status
of such antique is established by the owner or seller thereof with
historical documentation evidencing provenance and showing the antique
to be not less than one hundred years old; or

(b) the article is for bona fide educational or scientific purposes,
or to be made part of a temporary or permanent collection of a museum
chartered by the board of regents pursuant to the education law or to a
museum authorized by a special charter from the legislature of this
state, provided that the article is not thereafter sold to any private
party.

4. The department shall maintain a list of vulnerable species
identified pursuant to this section and post such list on the
department's website.

5. Species shall not be designated as a vulnerable species for the
purposes of this section if:

(a) the species is protected pursuant to any other provision of this
chapter; or

(b) the taking of the species is regulated by the department pursuant
to permit or license.