Interstate sales of ivory is perfectly legal as long as the ivory is pre-ban and the
buyer and seller reside in states that allow the sale of ivory.
That is absolutely incorrect. Are you just making this up, or did you read it somewhere? If you read it, please supply the reference.
From the Fish and Wildlife website:
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
To qualify for the
ESA antiques exemption, an item must meet all of the following criteria [seller/importer/exporter must demonstrate]:
A: It is 100 years or older.
B: It is composed in whole or in part of an ESA-listed species;
C: It has not been repaired or modified with any such species after December 27, 1973; and
D: It is being or was imported through an endangered species “antique port.”
D: It is being or was imported through an endangered species “antique port.”
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.
