The Law as it Presently Exists

An international treaty called the “Convention on International Trade in Endangered Species” identifies many species of animals and plants that are at risk of extinction worldwide. Among the species this treaty addresses are species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin (also called a spiny anteater), marine turtle, shark, and ray. The United States agreed to this treaty in the 1970s. Federal law makes it illegal to sell, import, or trade in endangered species listed by the treaty, or in parts or products made from animals that are listed as endangered (with some exceptions). Washington state law does not prohibit the purchase, sale, trade, or distribution of parts or products made from endangered species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray.

The Effect of the Proposed Measure If Approved

If adopted, this measure would prohibit any person in Washington from selling, buying, trading, or distributing parts of certain endangered animal species, or products containing or made from those animals. Specifically, the measure would apply to parts or products made from elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays. But it would apply only to species of those animals that are listed in either Appendix I or II of the “Convention on International Trade in Endangered Species of Wild Flora and Fauna,” or listed as critically endangered, endangered, or vulnerable in the lists of endangered species compiled by the International Union for Conservation of Nature, which is an international conservation organization.

The measure also includes five exceptions when it would not apply. These exceptions include: (1) sale or trade of antique items if the endangered animal makes up less than 15% of the item; (2) animal parts or products distributed for educational, scientific, or museum purposes; (3) when items are distributed under a will, estate, or trust after death of the owner; (4) musical instruments if the endangered animal part makes up less than 15% of the instrument; and (5) where trade in the item is allowed by federal permit or law.

A violation of the law could be a state crime. The violations would be either a gross misdemeanor or a class-C felony, depending on the market value of the illegal animal parts or products. If a person is convicted for violating the measure, the person would also be ordered to pay a criminal wildlife penalty of 2,000 or 4,000 dollars. The measure would also modify the power of state law enforcement officers to include authority to seize and dispose of illegal parts and products from the endangered species that are covered by the measure.