Pipes with ivory seized. Warning.

Uilleann Pipes
1

This story in the Associated Press. As predicted!

http://bigstory.ap.org/article/us-reviewing-ivory-rule-after-bagpipes-are-seized

2

Here’s the law

http://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html

ALL ‘worked’ ivory is illegal to possess in the USA unless it has a CITES certificate.

To obtain the certificate you must prove

  1. that the ivory was harvested prior 1976 (or that it entered the USA prior to 1990 accompanied by a CITES certificate) AND

  2. that the ivory was acquired by the present owner before February 2014.

So the bit of ivory could be several hundred years old; doesn’t matter. It’s illegal to possess, sell, or buy anywhere within the USA if it doesn’t have a CITES certificate.

3

Inaccurate (from the same page). “***This action did not impact personal possession. Possession and non-commercial use of legally acquired ivory is allowed.”

Also, to clarify, this act refers only to African Elephant Ivory. “These actions will not affect ivory derived from other species such as walrus, warthog, hippopotamus, mammoth and mastodon. Asian elephant ivory is already regulated under the ESA and CITES. Ivory derived from toothed whales is already regulated by the ESA, CITES and the Marine Mammal Protection Act.”

To obtain the certificate you must prove

  1. that the ivory was harvested prior 1976 (or that it entered the USA prior to 1990 accompanied by a CITES certificate) AND

  2. that the ivory was acquired by the present owner before February 2014.

“The Service will accept any record or document that substantiates either the date of import (for example, a copy of the relevant Form 3-177 Declaration for Importation or Exportation of Fish or Wildlife or CITES export or re-export permit) or that demonstrates that the item was in the United States before the Appendix I listing date (for example, a datable photo of the owner with the item, a dated letter or other document referring to the item).”

Still, one would use that to acquire a CITES pre-convention certificate for most commercial or non-commercial transfers.

So the bit of ivory could be several hundred years old; doesn’t matter. It’s illegal to possess, sell, or buy anywhere within the USA if it doesn’t have a CITES certificate.

Antiques Exception

“Under current laws, we are not able to impose a complete elephant ivory ban. With regard to both Asian and African elephants, the Endangered Species Act explicitly exempts antiques from ESA prohibitions and allows certain activities with the issuance of an ESA permit. Also, the African Elephant Conservation Act only applies to import and export and does not address Asian elephant ivory. In addition, there are certain activities that would be precluded by a complete ban that we believe would benefit the conservation of elephants or that do not contribute to poaching and illegal trade. Among these are the movement of ivory for law enforcement purposes and bona fide scientific purposes and the noncommercial movement of certain items, such as museum specimens and musical instruments containing CITES pre-Convention or antique ivory.”

So, antique, thumbs up.

"To qualify as antique, the importer, exporter or seller must show that the item meets all of these criteria:

It is 100 years or older;
It is composed in whole or in part of an ESA-listed species;
It has not been repaired or modified with any such species after December 27, 1973; and
It is being or was imported through an endangered species “antique port.”

***Under Director’s Order 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. "

http://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html#19