African Elephant Conservation and Legal Ivory Possession Act Re-Introduced in Congress – Alaskan Congressman Don Young has introduced bipartisan legislation with Congressman Collin Peterson (D-MN) to roll-back and further halt onerous constraints on lawfully possessed ivory products, including musical instruments, firearms, knives, and museum pieces that include ivory parts. The African Elephant Conservation and Legal Ivory Possession Act of 2015, HR 697, would effectively end the U.S. Fish and Wildlife Service’s draconian and unilateral moratorium on the sale and trade of lawfully possessed ivory, while also making significant efforts to assist anti-poaching efforts in countries with elephant populations.
The bill would specifically allow:
? Lawfully possessed, raw or worked ivory to be imported or exported for museum displays and personal use;
? The Secretary of the Interior, in coordination with the Secretary of State, to place a U.S. Fish and Wildlife law enforcement officer in each African country with significant elephant populations;
? The Secretary of the Interior to certify any country found to be a significant transit or destination point under the Pelly Amendment to the Fishermen’s Protective Act. This would allow the US to embargo wildlife products from Asian countries that are fueling African elephant poaching;
? The continued importation of sport-hunted elephant trophies from populations listed on Appendix II of the Convention on the International Trade in Endangered Species;
? For the reauthorization of appropriations of not more than $5 million for each of the years 2016-2020, and for these funds to be prioritized for projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries for anti-poaching efforts.
We continue to monitor the Fish and Wildlife Service for promulgation of the regulation that we expect will restrict or eliminate the Endangered Species Act’s Special Rule for African Elephants and criminalize domestic trade of elephant ivory. The regulation appears to be under review by different agencies in the administration. Depending on that review, we believe it is possible this regulation will be published for comment in the next 6 weeks or so.
Activity in the States
Connecticut – there are four separate ivory ban bills pending at the same time in Connecticut. Thank you for everyone who said they would be willing to testify against these bills. We do not yet know when a hearing will be scheduled. Connecticut’s legislative process does not require them to publish the specifics of a bill before a hearing, so we need to assume one or more of these bills will be a complete ban on all ivory including mammoths similar to what was passed in New Jersey. When the time comes, the people who said they would testify will be contacted directly.
Hawaii – Two bills, one in the House and one in the Senate, are pending. You can comment on these bills and supply testimony opposing these bills by clicking here. Please note: a hearing is scheduled on the Senate bill for February 17, so comments for this bill would be especially timely.
Maryland – HB713 is scheduled for hearing on March 4 at 1:00pm. This legislation is ambiguous about whether it applies to mammoth ivory, contains no commercial use exemptions for musical instruments, antiques or other items, criminalizes “possession with intent to sell,” and makes ivory sales a felony for second offenses if value exceeds $250.00.
Washington – Bills are pending before both the House (HB1131) and Senate (SB5241). Constituents successfully gained exemptions in the House bill that eliminated mammoth from the definition of ivory, created some exemptions and reduced some of the penalties from the original bill. It remains to be seen how the Senate will react, whether the amendments from the House will make it into final legislation, and even if they do, how this ban would be enforced.
Iowa – SF 30 is pending that would ban ivory from mammoths along with elephant ivory. This bill was recently reassigned to a subcommittee on Natural Resources and Environment.
Oklahoma – HB1787 – Would ban sales and “possession with intent to sell” of all ivory species including mammoth. Permit scheme similar to New York with very limited exemptions for antiques (less than 20% ivory) and musical instruments.
California – AB96 – Modifies existing California law to ban sale and possession with intent to sell of all species of ivory, including mammoth ivory. Exemptions for musical instruments with less than 20% ivory and made before 1975, and antiques less than 5% ivory by volume at least 100 years old. Jail time, fines up to $50,000, and administrative penalties up to $10,000 are potential penalties.
As always, you can find your legislators and different ways to contact people about any of the above bills through our website, www.ElephantProtection.org.
