Ivory and the law
- Thread starter Abbott
- Start date
Greg Rice
Well-Known Member
This is some info from Fish & Wildlife
Ivory
Here is an excerpt:
Ivory
Here is an excerpt:
Is it legal for me to keep my elephant ivory?
Yes. Federal wildlife laws and regulations such as CITES, the ESA, and the AfECA do not prohibit possessing or display of ivory, provided it was lawfully acquired. There is no certification requirement or process to register ivory items and you do not need a permit from the Service to possess or display ivory for noncommercial purposes. We recommend that you maintain any records or documentation you have that demonstrates the origin and chain of ownership of the item. We recommend that you provide all documentation to any future recipient of your elephant ivory item. Check to make sure that you are also in compliance with local and state laws. Contact the state to check on their requirements.
Greg Rice
Well-Known Member
Correct-ish
Can I sell African elephant ivory items…
…across state lines?
The sale of African elephant ivory items across state lines (interstate commerce) is prohibited, 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.Interstate commerce is always prohibited for the following:
- sport-hunted trophies
- items imported under the exception for a household move or inheritance
- items imported as law enforcement or scientific specimens
Under Director’s Order No. 210, as a matter of enforcement discretion, items imported prior to September 22, 1982, and items created in the United States and never imported must comply with elements A, B, and C above, but not element D.
To qualify for the de minimis exception, manufactured or handcrafted items must meet (i) or (ii) and (iii) - (vii) of the following criteria:
(i) If the item is located within the United States, the ivory was imported into the United States prior to January 18, 1990, or was imported into the United States under a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) pre-Convention certificate with no limitation on its commercial use;
(ii) If the item is located outside the United States, the ivory was removed from the wild prior to February 26, 1976;
(iii) The ivory is a fixed or integral component or components of a larger manufactured or handcrafted item and is not in its current form the primary source of the value of the item, that is, the ivory does not account for more than 50 % of the value of the item;
(iv) The ivory is not raw;
(v) The manufactured or handcrafted item is not made wholly or primarily of ivory, that is, the ivory component or components do not account for more than 50 % of the item by volume;
(vi) The total weight of the ivory component or components is less than 200 grams; and
(vii) The item was manufactured or handcrafted before July 6, 2016.
For items made of African elephant ivory that qualify as an ESA antique or meet the de minimis criteria, you do not need a permit from the Service to sell ivory across state lines. However, if you are offering African elephant ivory for sale, you should be prepared to provide appropriate documentation to the Service, if asked. We would also suggest that you pass along all documentation to the buyer of your elephant ivory items. For detailed information on documentation requirements, please refer to Director’s Order 210.
Some states have laws prohibiting or restricting sale of ivory. Check to make sure that you are also in compliance with local and state laws. Contact the state to check on their requirements.
EdCaffreyMS
"The Montana Bladesmith"
My advice is to simply stay away from fresh ivory (elephant or other modern stuff). Current laws are so ambiguous about requirements of certification and/or documentation, that it's a gamble to even own any. I stopped using it in the early 90s, after watching a bunch of knifemakers get busted at an east coast show. I don't know all of the details, but I do know that a number of very high end knives were confiscated, and several makers got seriously hefty fines.
Ever since, the only ivory I use, is fossil ivory.
There are a number of things that we use for handle material that can get you into hot water. Ivories are only one. Another example are full sheep horns (wild sheep such as Bighorn, Dall, or Desert ram).... Different laws everywhere...... here in Montana, any full sheep horn must bear a metal plug from the state fish and game. Even if purchased from out of state and shipped in..... I learned that one because I buy Dall Sheep horn from Alaska...and am required to take it, along with the receipt to my local Fish and Game office to be plugged. If you're caught in Montana with a full sheep horn that isn't plugged.... $10K fine.
Ever since, the only ivory I use, is fossil ivory.
There are a number of things that we use for handle material that can get you into hot water. Ivories are only one. Another example are full sheep horns (wild sheep such as Bighorn, Dall, or Desert ram).... Different laws everywhere...... here in Montana, any full sheep horn must bear a metal plug from the state fish and game. Even if purchased from out of state and shipped in..... I learned that one because I buy Dall Sheep horn from Alaska...and am required to take it, along with the receipt to my local Fish and Game office to be plugged. If you're caught in Montana with a full sheep horn that isn't plugged.... $10K fine.
Greg Rice
Well-Known Member
Metal plug? Not getting it - a little dense here
EdCaffreyMS
"The Montana Bladesmith"
The horn is drilled, and here in Montana, they literally pound in a numbered metal plug about 1/2" in diameter, with "inspected by MT F&W" engraved on the plug. They usually use a different color between red, green, and blue that they rotate each year. If you're caught with a full horn, that doesn't have the plug in it.....that's where the BIG fine comes in.
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