The following is an email received from an official at the U.S. Fish and Wildlife Services:
"Thank you for your inquiry regarding interstate or intrastate trade in vintage leopard coats. The U.S. Fish and Wildlife Service's mission is, working with others, to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.
"The leopard, Panthera pardus, is protected under the U.S. Endangered Species Act (ESA), 16 United States Code, Section 1538. Regulations that implement the ESA make it unlawful to import, export, take, transport, sell, purchase, or receive in interstate or foreign commerce any species listed as endangered or threatened.
"Additionally, the prohibition against the sale in interstate or foreign commerce of any endangered species also applies to "pre-Act" wildlife. Pre-Act means endangered species, parts or products which were held prior to the enactment of the ESA, on December 28th, 1973, or the date the species was listed.
"However, if the owner can confirm that a leopard coat qualifies as pre-Act under the ESA, there is nothing in the ESA that would prohibit them from possessing this pre-Act leopard coat or selling this pre-Act leopard coat within the State where they reside.
"However, it must be emphasized that the manner in which the owner sells this pre-Act leopard coat cannot in any way extend beyond the State where they reside. In other words, any manner of selling this pre-Act leopard coat that would advertise its sale beyond that State, such as a newspaper with a national distribution or the internet, would be considered interstate commerce, and would be prohibited under the ESA.
"In addition, the owner must confirm with their State that there are no restrictions on selling products manufactured from endangered species within that State. You can find contact information for State wildlife management agencies on our website at: http://www.fws.gov/offices/statelinks.html
"The Convention on International Trade in Endangered Species (CITES) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The species covered by CITES are listed in three appendices according to the degree of protection they need. Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances. Appendix II includes species not necessarily threatened with extinction, but for which trade must be controlled in order to avoid overutilization that may threaten them with extinction. Appendix III contains species that are protected in at least one country, which has asked other CITES Party countries for assistance in controlling the trade in that species. Regulations that you can view at the following link describe the allowable uses after import of specimens of species listed under CITES: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=238367308ae2cb1e83744f7bf616f229&rgn=div8&view=text&node=50:6.0.1.1.6.3.1.24&idno=50
"The leopard, Panthera pardus, is listed as an Appendix I species under CITES. Therefore, under paragraph (a) at the above link, specimens from Appendix I species that were imported after the effective date of CITES, which is July 1, 1975, can only be used for noncommercial purposes.
"You can view the CITES appendices at: http://www.cites.org/eng/app/appendices.shtml.
"In summary, items that are pre-Act under the ESA can only be sold within the State where the owner resides with State concurrence. Specimens from CITES Appendix I species that were imported after the effective date of CITES, which is July 1, 1975, cannot be sold.
"Thank you for your cooperation in complying with our regulations that help protect fish, wildlife, and plants and their habitats. Please feel free to respond to this message with any further inquiries that you may have regarding this matter."
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