US government bans commercial trade in ivory; exception for qualifying antiques
Despite the global embargo on elephant ivory that has been in place since 1990, the rate of elephant slaughter for tusks is at the highest point in a decade. In this picture, three female African bush elephants travel as a small herd in Tanzania. Photo by Ikiwaner, taken July 29, 2010, licensed under the terms of the GNU Free Documentation License, Version 1.2.
WASHINGTON (ACNI) – Today the Obama administration finalized new domestic ivory regulations that implement a near-total ban on commercial ivory trade in the United States.
In a regulation that will take effect on July 6, 2016, the U.S. Fish and Wildlife Service revises its rule for the African elephant promulgated under Section 4(d) of the Endangered Species Act (ESA) of 1973, in order to “increase protection for African elephants in response to the alarming rise in poaching to fuel the growing illegal trade in ivory.”
The ruling, which is final, prohibits the importation of specimens of the African elephant species, with limited exceptions for: musical instruments, items that are part of a traveling exhibition, and items that are part of a household move or inheritance when specific criteria are met; and ivory for law enforcement or genuine scientific purposes.
Additionally, bona fide antiques (as defined under section 10(h) of the ESA) are not subject to the provisions of the new rule. Antiques containing or consisting of ivory may be imported into or exported from the United States without a threatened species permit, provided the requirements of U.S. Code of Federal Regulations 50 CFR, parts 13, 14 and 23 have been met.
However, the importation of most African elephant ivory (e.g., tusks), including antique ivory, remains prohibited under the import moratorium.
The prohibition on export of raw ivory as stated in the current 4(d) rule is maintained in the final rule. Interstate and foreign commerce in African elephant ivory is prohibited by the final rule except for items that qualify as ESA antiques and certain manufactured or handcrafted items that contain a small (de minimis) amount of ivory and meet specific criteria.
“We adopted measures that are necessary and advisable to provide for the conservation of the African elephant … ” said a statement from U.S. Fish and Wildlife Service.
To view the official government document (PDF format), click here.
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By Catherine Saunders-Watson
