So, this not going to happen legally in California. But, it is possible to obtain that exemption for the sale of antique ivory from elephants of either continent. The Fish and Wildlife application form is here. Remember, though, that Asian elephant ivory cannot be sold over state lines. That old Martin was built in the US. OK, now assume that the guitar in question is a year old European instrument that you recently located on line and for which you obtained an exemption for importation for commercial purposes.
Well, probably. A case in point in the litigation between the advocacy group, Viva! International Voice for Animals, and the shoe company, Adidas. Apparently observing its enforcement priorities, California authorities had made no effort to stop Adidas from selling shoes made of kangaroo leather.
But, in , the advocacy group took note and brought suit to enforce the law. Adidas won in the lower courts on the ground that the Endangered Species Act trumped California Penal Code section o. In , however, the California Supreme Court reversed those decisions and ruled that, because the ESA had not expressly made the sale legal, the ESA did not preempt application of California law.
So, what does this mean? Assembly Bill No. An act to add Section to the Fish and Game Code, and to repeal Section 5 of Chapter of the Statutes of , relating to animal parts and products.
Filed with Secretary of State October 04, AB 96, Atkins. Animal parts and products: importation or sale of ivory and rhinoceros horn. Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an elephant.
Existing law exempts the possession with intent to sell, or sale of the dead body, or any part or product thereof, of any elephant before June 1, , or the possession with intent to sell or the sale of any such item on or after June 1, , if the item was imported before January 1, This bill would delete this exemption.
By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would make it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn, except as specified, and would make this prohibition enforceable by the Department of Fish and Wildlife.
The bill would make a violation of this provision or any rule, regulation, or order adopted pursuant to this provision a misdemeanor subject to specified criminal penalties.
By creating a new crime, the bill would impose a state-mandated local program. This bill would provide that the provisions of this bill are severable. To apply for an ESA import permit for an Asian elephant specimen, submit application form If you wish to export your Asian elephant items for commercial purposes you will need to be able to demonstrate that your ivory qualifies as an ESA antique:.
Asian elephant ivory may be exported from the United States for noncommercial purposes if it qualifies as an ESA antique or as pre-Act or is accompanied by an ESA export permit for scientific or enhancement of survival purposes. To qualify as pre-Act, under section 9 b 1 a specimen must:.
If the above criteria are not met, to apply for an ESA export permit for an Asian elephant specimen, submit application form Foreign commerce in Asian elephant ivory is prohibited for any person subject to the jurisdiction of the United States, except for items that qualify as ESA antiques. Is it legal for me to keep my elephant ivory? 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.
Federal wildlife laws and regulations such as CITES, the ESA, and the AfECA do not prohibit donating or giving away your ivory item, or receiving an ivory item as a donation or a gift, provided it was lawfully acquired and there is no exchange for other goods or services involved. We recommend that you provide the recipient with any records or documentation you have that demonstrate the origin and chain of ownership of the items.
It is possible to identify elephant ivory from other types of ivory. For more information, please visit the U. Proceed with caution if you are purchasing ivory. Ask for documentation that shows the species and age of the ivory item you are purchasing. This documentation could include CITES permits or certificates, certified appraisals, documents that detail date and place of manufacture, etc. Musicians planning to make multiple border crossings with a musical instrument that contains ivory should apply for a CITES musical instrument certificate.
This authorization is for noncommercial purposes; instruments must accompany the musician on travel out of and back into the country and may not be sold or otherwise disposed of outside the United States. Orchestras planning to make multiple border crossings with a group of instruments should apply for a CITES traveling exhibition certificate. Orchestras traveling internationally must maintain the instruments together on travels out of and back into the United States.
This authorization is for noncommercial purposes; the instruments may not be sold or otherwise disposed of outside of United States. If a musician intends to travel with his or her instrument separately from the orchestra while outside the United States the musician should separately obtain an individual CITES musical instrument certificate. The following criteria must be met:. Certain items containing ivory may be imported into or exported from the United States as part of a traveling exhibition under specific conditions.
Raw African elephant ivory may not be imported or exported as part of a traveling exhibition. The traveling exhibition certificate authorization is for noncommercial purposes.
Items authorized under a CITES traveling exhibition certificate must be maintained together and may not be sold or otherwise disposed while outside of your country of residence; the authorization is limited to items that will be returned to the country of residence.
In addition to the valid CITES traveling exhibition certificate, the following criteria must be met:. The exhibition items must be maintained and exhibited together and may not be sold, or otherwise disposed of outside of the United States; the authorization is limited to items that will be re-imported. The de minimis exemption applies only to items made from African elephant ivory. The African elephant 4 d rule provides an exemption from prohibitions on selling or offering for sale in interstate and foreign commerce for certain manufactured or handcrafted items that contain a small de minimis amount of African elephant ivory.
Only African elephant ivory items may qualify for the de minimis exemption. This exemption is not available for Asian elephant ivory. When we proposed the gram limit we had a particular suite of items in mind. The following types of items may qualify for the de minimis exception: many musical instruments including many keyboard instruments, with ivory keys, most stringed instruments and bows with ivory parts or decorations, and many bagpipes, bassoons and other wind instruments with ivory trim ; most knives and guns with ivory grips; and certain household and decorative items including teapots with ivory insulators, measuring tools with ivory parts or trim, baskets with ivory trim, walking sticks and canes with ivory decorations, and many furniture pieces with ivory inlay, etc.
However, to qualify for the de minimis exception, all of the above criteria must be met either i or ii and iii - vii. To view examples of items that may meet de minimis criteria, click here. Asian elephant ivory items do not qualify for the de minimis exemption. Examples of African elephant ivory items that we do not expect would qualify for the de minimis exemption include chess sets with ivory chess pieces both because we would not consider the pieces to be fixed or integral components of a larger manufactured item and because the ivory would likely be the primary source of value of the chess set , an ivory carving on a wooden base both because it would likely be primarily made of ivory and the ivory would likely be the primary source of its value , and ivory earrings or a pendant with metal fittings again both because they would likely be primarily made of ivory and the ivory would likely be the primary source of its value.
To qualify for the de minimis exemption, an item must be made of African elephant ivory and must meet the criteria provided above. We consider an item to be made wholly or primarily of ivory if the ivory component or components account for more than 50 percent of the item by volume. Likewise, if more than 50 percent of the value of an item is attributed to the ivory component or components we consider the ivory to be the primary source of the value of that item. Though not required, a qualified appraisal or another method of documenting the value of the item and the relative value of the ivory component, including, information in catalogs, price lists, and other similar materials, can also be used.
We will not require ivory components to be removed from an item to be weighed. A piece of ivory that weighs grams is slightly larger than a cue ball.
The gram limit is large enough to accommodate the white key veneers on an key piano. Click here for photographs of ivory items of various weights. These photographs are only intended to illustrate the size of g of ivory. To qualify for the de minimis exception, an item would need to meet all of the criteria listed above. Antiques that meet these criteria ESA antiques are exempt from ESA prohibitions and the provisions in the African elephant final 4 d rule.
ESA antiques may be sold in interstate and foreign commerce and may be imported or exported without the need for an ESA permit. In addition, the moratorium on import of African elephant ivory under the African Elephant Conservation Act remains in effect for antiques and other African elephant ivory other than sport-hunted trophies. How do I demonstrate that my ivory item meets the criteria to qualify for the ESA antiques exemption? Under the ESA, a person claiming the benefit of the antiques exemption has the burden of demonstrating that the item qualifies for the exemption.
We want to clarify that forensic testing is not necessarily required. Provenance and age may be determined through a detailed history of the item, including but not limited to, family photos, ethnographic fieldwork, art history publications, or other information that authenticates the article and assigns the work to a known period of time or, where possible, to a known artist or craftsman.
A qualified appraisal or another method, including using information in catalogs, price lists, and other similar materials that document the age by establishing the origin of the item, can also be used. Worked items include carvings and components of larger finished products such as knife handles, billiard cues, musical instruments and furniture.
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