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Antique Taxidermy. How old does a piece of taxidermy have to

Resolved Question:

Antique Taxidermy. How old does a piece of taxidermy have to be to be considered an antique and exempt from the endangered species act, if at all?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dan replied 5 years ago.
jgc:

Are you asking about a specific item, or in general?

Thanks, Dan
Customer: replied 5 years ago.
A specific item. Black rhino horn, and silver decorated tiger skull.
Jay
Expert:  CALawyer replied 5 years ago.
I just wanted to let you know that I am working on finding the code with regard to this and should have an answer in a few minutes.
Customer: replied 5 years ago.
Thank you,
Jay
Expert:  CALawyer replied 5 years ago.
In order to be classified as an antique, the item has to be over 100 years old (and the age should be documented) in the U.S.

This is provided in Section 10(h) of the Endangered Species Act of 1973. The text of that section is below:

(h) CERTAIN ANTIQUE ARTICLES.—(1) Sections 4(d), 9(a), and 9(c) do not apply to any article which— (A) is not less than 100 years of age; (B) is composed in whole or in part of any endangered species or threatened species listed under section 4; (C) has not been repaired or modified with any part of any such species on or after the date of the enactment of this Act; and (D) is entered at a port designated under paragraph (3). (2) Any person who wishes to import an article under the exception provided by this subsection shall submit to the customs officer concerned at the time of entry of the article such documentation as the Secretary of the Treasury, after consultation with the Secretary of the Interior, shall by regulation require as being necessary to establish that the article meets the requirements set forth in paragraph (1)(A), (B), and (C). (3) The Secretary of the Treasury, after consultation with the Secretary of the Interior, shall designate one port within each customs region at which articles described in paragraph (1)(A), (B), and (C) must be entered into the customs territory of the United States. (4) Any person who imported, after December 27, 1973, and on or before the date of the enactment of the Endangered Species Act Amendments of 1978, any article described in paragraph (1) which— (A) was not repaired or modified after the date of importation with any part of any endangered species or threatened species listed under section 4; (B) was forfeited to the United States before such date of the enactment, or is subject to forfeiture to the United States on such date of enactment, pursuant to the assessment of a civil penalty under section 11; and (C) is in the custody of the United States on such date of enactment; may, before the close of the one-year period beginning on such date of enactment, make application to the Secretary for return of the article. Application shall be made in such form and manner, and contain such documentation, as the Secretary prescribes. If on the basis of any such application which is timely filed, the Secretary is satisfied that the requirements of this paragraph are met with respect to the article concerned, the Secretary shall return the article to the applicant and the importation of such article shall, on and after the date of return, be deemed to be a lawful importation under this Act.

Here is a link to the full act that you can see online: CLICK HERE.

In the U.K., the item would have to be pre-1947; however, that doesn't help here in the U.S..


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