Steve Shackleford

The recently announced federal ban on ivory not only seems to outlaw all import, export, interstate and intrastate sales of elephant ivory, it also appears to make all potential exceptions to the rule such as antiques virtually impossible to meet.

Initially announced on Feb. 11, the ban received more coverage Feb. 26 when the federal website http://www.fws.gov posted a story outlining the ban in more detail, including Director’s Order No. 210 from the U.S. Department of the Interior, Fish and Wildlife Service.

The story indicated that while virtually all elephant ivory is now illegal, a few exceptions exist, such as antique elephant ivory. However, to qualify as antique, elephant ivory must adhere to a hodge-podge of requirements that not only are virtually impossible to meet but present prohibitive costs in the process.

For instance, to qualify as an antique, the ivory must be 100 years old or older. However, the person claiming the ivory is that old must “definitively prove” the identity of the species. Such proof “can be in the form of bonafide DNA analysis,” a qualified appraisal or “other documentation,” such as “family photos, ethnographic fieldwork or other information.” If such analysis is required on each and every piece of elephant ivory, it would be cost-prohibitive for individual knifemakers. What’s more, the appraiser and the appraisal must meet strict guidelines in terms of the appraiser’s credentials, the scientific method used to determine the age or species must be described in detail, a detailed history of the article including proof of authenticity must be presented, etc.

Not only are the requirements draconian in nature, they don’t even take into account the fact that no one kept such records of their ivory when they bought it months or years ago, and to obtain such information now is virtually impossible.

Further, there must be proof that the ivory was imported through one of 13 specific ports of entry—12 in the USA and the other in San Juan, Puerto Rico. Notarized statements or affidavits by the exporter or seller are not adequate proof.

The maximum penalty for violations—which would qualify as violations of the Endangered Species Act—is one year in prison and a $100,000 fine for the individual, and $200,000 for an organization. Those who submit false records or identification of ivory face a maximum penalty of five years in prison and a $250,000 fine.

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Except in “a very limited number of circumstances,” the federal government has announced a ban on the commercial trade of elephant ivory, according to a report from the office of the secretary of The White House.

How the ban will affect existing knives with handles of elephant and fossil ivory and existing supplies of elephant and fossil ivory held by knifemaking suppliers, knifemakers and others is not exactly clear at this time. However, if past experience is any barometer, knife professionals and enthusiasts should expect the worst.

Announced yesterday, Feb. 11, the ban prohibits, except under the aforementioned very limited number of circumstances, the import, export or resale of elephant ivory within the United States.

To implement the new controls, federal departments and agencies will immediately act to:

•Prohibit the commercial import of African elephant ivory, including antiques;

•Prohibit the commercial export of elephant ivory, except for bona fide antiques, certain noncommercial items and in “exceptional circumstances permitted under the Endangered Species Act”;

•Clarify the definition of “antique” so that the ivory must be more than 100 years old and meet other requirements under the Endangered Species Act. It will be up to the importer, exporter or seller to prove the item passes muster;

•Limit the number of African elephant sport-hunted trophies an individual can import to two per hunter per year; and, lastly;

•Finalize a proposed rule that would “reaffirm and clarify that sales across state lines are prohibited, except for bona fide antiques, and will prohibit sales within a state unless the seller can demonstrate an item was lawfully imported prior to 1990 for African elephants and 1975 for Asian elephants, or under an exemption document.”

In the coming months, the report noted, the federal government will take further steps to implement the “National Strategy,” and will work with Congress to strengthen existing laws and adopt new ones to enhance its “ability to address this global challenge.”

In other words, the federal government has declared war on all things ivory.

Stay tuned to www.blademag.com for further developments.