Doing something about the new domestic ivory ban

[Tira]

The US Government is moving quickly to ban commercial use of ivory in the United States in the hopes of reducing the poaching of African Elephants. The President announced his policy on February 11, and the US Fish & Wildlife Service has started issuing directives to implement the policy.

My husband is working with groups including the NRA to bring attention to the harm this will cause businesses and collectors who have always followed the law regarding the 1989 ivory ban. The 1989 ban was the most recent in a series of laws that banned the import/export of ivory except under specific circumstances, but allowed the commercial trade of ivory domestically that was in the US before the ban.

This is not a partisan issue. Please don't turn this thread into vents about partisan views. We are trying to find ways to head off what could be draconian regulations to implement the new policy.

If working with ivory is a significant part of your business, or if you have customers who own ivory pieces that will be rendered worthless by this ban, please contact my husband Rob at RMitchell@CorrMitchell.com. He can help link you with appropriate authorities and/or organizations who want to stop poaching without killing the domestic ivory industry. Business interests have been caught off guard with this ban, so time is of the essence identifying those who the ban will hurt and how much it will cost the economy.

For more information and links to source documents, click here for an article Rob has written and posted on his website.

 

[LVVP]

Tira,
Thank you and your husband for your information and help in advance

 

[maplesm]

I have sent letters to my congressmen.

 

[Gargoyle]

You have a lot of work ahead of you to change perceptions and opinions. In recent weeks the Nat'l Geographic, LA Times, New York Times and many other have come out with editorials supporting the new policies. Forbes, on the other hand, has a very detailed article explaining and supporting your view.

 

[Tira]

The Advisory Council on Wildlife Trafficking is holding a meeting on March 20, 2014 in Washington, D.C. People who will not attend need to submit written comments about the ban by this Monday, March 17. I am strongly urging people to e-mail written comments to the Council to create a record of the devastating impact this ban will have not only on small businesses and individual collectors, but ultimately on elephants.

My husband, an attorney who has been studying this topic, has written a model letter that you can use to submit your comments. Plagiarize at will. Forward this to friends. Use the whole thing, your favorite parts, or ignore it and submit your own comments, but SUBMIT SOMETHING. The record is now filled with information and misinformation from people who want to see the domestic ivory trade killed. If your views are not expressed at this meeting, they will be missing from the government’s record, only making it more difficult for later challenges if USFWS promulgates the Draconian rules most people expect.

All comments must be delivered no later than March 17 to Mr. Cade London, Special Assistant, USFWS International Affairs, by email at cade_london@fws.gov (preferable method of contact); by U.S. mail at 4401 North Fairfax Drive, Room 110, Arlington, VA 22203; by telephone at (703) 358-2584; or by fax at (703) 358-2276.

Even if USFWS ignores what you have to say, it is critical that you get your comments on record by the deadline. If we succeed in getting large numbers of people to write in, then politicians will take note. Even if only a modest number of people write, then your interests will be part of the record in subsequent comment periods and/or litigation.

You may download the model letter here: Sample Letter

 

[maplesm]

Letter sent via email.

 

[BrianPowley]

Easy enough: Copy/Paste/Send
Done!

 

[Tim Wells]

I made my own version that wasn't quite as eloquent but nonetheless effective. Sent it to my congressman and both senators. Thanks Tira and husband!

 

[silverchip]

And I just had a pair of grips made for my Colt too!!!

 

[Jahn Baker]

My letter sent via email as well Let's all get behind this, it is extremely important!

 

[Dale Hatfield]

Message sent

 

[metalchipper]

Hello,
Sent emails to the comment address and to my state congressmen.
Thanks for the information.
Mark Hoechst

 

[Weldon47]

Letter sent to the MAN

 

[Dave London]

Bump
Has anyone heard more on this

 

[Bobby Branton]

Bump
Has anyone heard more on this

This just came out today. You can read about it on their site.
http://www.kniferights.org/

 

[DakotaDocMartin]

This just came out today. You can read about it on their site.
http://www.kniferights.org/

Here is an excerpt taken from that site that is interesting:

It is somewhat mind-boggling how many groups are impacted by this ban. Beyond knives, firearms and the like that immediately come to mind for most of our members, you have many types of musical instruments with ivory parts or ornamentation, way beyond just the obvious pianos, tableware, both serving pieces and utensils, including table cutlery, billiards balls and cues, as well as all manner of art, jewelry, and furniture, just to name a few. Moreover, while many of these are genuine antiques, many are more modern, but incorporate what was heretofore perfectly legal ivory brought in during the past 100 years. And, in any case, substantiating that the ivory is legal, antique or otherwise, is still virtually impossible due to the draconian requirements for proof and/or it being way beyond affordable for all but the most valuable items. And, then there's that unbelievable guilty-until-proved-innocent issue.

There are serious concerns being raised about enforcement by U.S. Fish and Wildlife Agency agents from an agency that has a history of heavy-handed, abusive and politically motivated enforcement, who have no ability to differentiate between now-prohibited elephant ivory and other forms of still legal ivory. Many other types of ivory, both fossil and from other animals, and even flora, appear the same to the minimally trained eye, some are virtually impossible to differentiate without detailed analysis. Without need to prove guilt, they are free to take a "kill them all, let God sort it out" attitude toward enforcement-arrest anyone and seize anything that might possibly now be illegal and let the innocent victims deal with the terrifying and expensive legal assault by the government.

The onus under these new rules is not on them to prove it is illegal; the onus is on you to prove it is legal. So, the potential adverse impact on Americans is far wider that to just elephant ivory owners and sellers, it may well impact others who may be arrested without cause and little ability to establish innocence or to do so without extraordinary cost, simply because it looks like banned ivory to a government law enforcement agent.

Last week USFWS's Ashe issued a Director's Order which is the next step in actually implementing this aggressive Ivory Ban. USFWS also issued a very scary Question and Answer document. As outlined in the Q&A, the requirements for proving acceptable provenance will give pause to any casual owner of ivory or even most collectors.

What USFWS has not, and cannot, explain is how the established facts, as noted in their September 2012 Fact Sheet, have changed such that there is a problem in the U.S. to begin with. That Fact Sheet noted that "we do not believe that there is a significant illegal ivory trade into this country." Clearly this ban is a hypocritical solution in search of a problem.

With regards to so-called "antique" ivory, by their definition more than 100 years old, proof must be provided by either "bonafide DNA analysis" a "qualified appraisal" or "other documentation," and they provide examples such as "family photos, ethnographic fieldwork or other information." As to any appraisal, they have very strict requirements as to who is allowed to offer an acceptable appraisal and how it must be conducted that will significantly increase the cost of such appraisals, putting them out of reach of most. And, there is that bizarre assumption of guilt, the government doesn't have to prove anything. You have to prove innocence to them, and do so by standards they dictate and which are virtually insurmountable for most. For those with ivory less than 100 years old, but which was until last month perfectly legal and which represents the majority of ivory in the U.S., it is virtually impossible to prove legality according to their rules.

The Q&A notes that while there are some current regulatory exceptions regarding interstate sales and export of African ivory under current regulations that might restrict what rules and enforcement they can implement immediately, it notes, "We are working on the regulatory action needed to change this regulation." The fact that existing exemptions work and protect the elephants and property rights of Americans is of no concern.

Penalties are exorbitant. The maximum penalty is one year in prison and a $100,000 fine for an individual, $200,000 for an organization. Those accused may also face prosecution under the Lacey Act's anti-trafficking provisions with a maximum penalty of 5 years in prison and fines of $250,000 for an individual or $500,000 for an organization. Beyond that, even if not knowledgably submitted as such, any false record, account, label for, or false identification or making false statements and using false documents has a maximum penalty of 5 years in prison and fines of $250,000 for an individual, $500,000 for an organization. This is no slap on the wrist! Entirely appropriate for a criminal knowingly trafficking in poached black-market ivory, ludicrous for honest law-abiding Americans who are caught up by this unreasonable taking of their property and investments with the presumption of guilt, not innocence.

Ashe claims that agents are already enforcing the ban on imports, exports and interstate shipments. Our sources expect the final rules to be issued within the next six weeks, probably under an emergency order allowing only minimal time for comment, clearly indicative that this has all been coordinated and developed prior to the issuance of the Executive Order, because nothing in D.C. moves that quickly.

Mark D. Zalesky, Editor of Knife World, has put together an excellent article, "Ivory Ban Moves Forward," for the upcoming April issue, with more detail that we can include here. Because of the extraordinary nature of this threat, they have made the article available ahead of print publication at: http://ep.yimg.com/ty/cdn/knifeworld/IvoryBanKnifeWorldApr2014.pdf

- See more at: http://www.kniferights.org/index.php?option=com_content&task=view&id=256&Itemid=1#sthash.lfXbLwdb.dpuf

 

[Dave London]

Thanks Bobby And Doc
It appears that John Ross,s prophesy is about to become true.

 

[maplesm]

I talked with Rob Mitchell yesterday on the status of the ivory laws. He and a coalition are working hard to stop implementation and deserve our thanks.
Here is a Q&A on the changes http://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html.

 

[DakotaDocMartin]

Like most things the government sticks their nose in... they create unintended consequences. Take for example the toilets that flush with less water and the smaller sheets of toilet paper. A person will still reel off as much paper as needed but now they have to flush three times instead of once. Messing around with a total ivory ban will kill more elephants. But, their deaths will be on the heads of the well meaning brain-dead politicians.

 

[Glenn]

The Safari Club International has filed a law suit against the federal government on banning import and crossing of state lines with ivory.