New Jersey § 23:2a-13

§ 23:2a-13.

a. In addition to the prohibitions established pursuant to, and the penalties imposed

for violations of, R.S.23:4-27 , “The Endangered and Nongame Species Conservation Act,” P.L.1973, c. 309 ( C.23:2A-1 et seq. ), and any other applicable law, it shall be unlawful for any person to import, sell,

offer for sale, purchase, barter, or possess with intent to sell, any ivory, ivory

product, rhinoceros horn, or rhinoceros horn product, except as provided pursuant

to this section. b. It shall be presumptive evidence of possession with intent to sell when any ivory,

ivory product, rhinoceros horn, or rhinoceros horn product is possessed in a retail

or wholesale outlet commonly used for the buying or selling of similar products, provided,

however, that nothing in this subsection shall preclude a finding of intent to sell

based on any other evidence which may serve to independently establish such intent. The act of obtaining an appraisal of ivory, an ivory product, rhinoceros horn, or

a rhinoceros horn product, alone shall not constitute possession with intent to sell. c. A person may convey ivory, an ivory product, rhinoceros horn, or a rhinoceros horn

product to the legal beneficiary of the ivory, ivory product, rhinoceros horn, or

rhinoceros horn product which is part of an estate or other items being conveyed to

lawful beneficiaries upon the death of the owner of the ivory, ivory product, rhinoceros

horn, or rhinoceros horn product or in anticipation of that death. d. None of the prohibitions set forth in this section shall apply to employees or

agents of the federal or State government undertaking any law enforcement activities

pursuant to federal or State law or any mandatory duties required by federal or State

law. e. The prohibition on import set forth in subsection a. of this section shall not

apply where the import is expressly authorized by federal license or permit. f. The Department of Environmental Protection may permit, under terms and conditions

as the department may prescribe, the import, sale, offer for sale, purchase, barter,

or possession with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros

horn product for bona fide educational or scientific purposes, unless this activity

is prohibited by federal law.