Man Hing Ivory and Imports, Inc., a California Corporation v. George Deukmejian, Governor of the State of California

FLETCHER, Circuit Judge:

This case calls for a determination of the preemptive scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, March 3, 1973, 27 U.S.T. 1087, T.I.A.S. No. 8249 (Convention), the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1543, and federal regulations enacted pursuant to the Endangered Species Act. Appellee Man Hing Ivory and Imports, Inc., is a wholesale importer of African elephant ivory products. In 1977, Man Hing filed suit in district court seeking a declaration that Cal.Penal Code § 653o (West Supp.1981), which prohibits…