It is not a violation of Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act if any of the following conditions are satisfied:
A. the covered animal part or product is a fixed component of an antique product that is not made wholly or primarily of covered animal parts or products; provided that the antique status is established by the owner or seller with evidence proving origin and showing that:
(1) the covered animal part or product is more than one hundred years old;
(2) the total weight of the covered animal part or product is less than two hundred grams; and
(3) at least fifty percent of the value of the antique product does not stem from the covered animal part or product;
B. the covered animal part or product is a component of a gun or musical instrument, including stringed instruments and bows, wind and percussion instruments and pianos;
C. the covered animal species or covered animal part or product is lawfully possessed by an enrolled member of a federally recognized Indian nation, tribe or pueblo for traditional, cultural or religious purposes;
D. the owner distributed the covered animal species or covered animal part or product to an educational or scientific institution, and such institution establishes, through evidence, that it is in compliance with all federal laws regulating the covered animal species or covered animal part or product;
E. the noncommercial transfer of ownership of the covered animal species or covered animal part or product is to a legal beneficiary of an estate, trust or other inheritance upon the death of the owner of the covered animal species or covered animal part or product or is a gift;
F. the sale, trade or purchase of the covered animal species or covered animal part or product is authorized by the Convention on International Trade in Endangered Species of Wild Fauna and Flora or by federal or state law or permit; or
G. the alleged violation of a provision of Section 3 of the Wildlife Trafficking Act is by an employee or agent of a federal, state or local law enforcement agency who is operating in the employee's or agent's official capacity as a federal, state or local law enforcement officer.
History: Laws 2020, ch. 77, § 4.
ANNOTATIONSEffective dates. — Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 4 effective July 1, 2020.