{"id":20708,"date":"2015-12-12T10:29:02","date_gmt":"2015-12-12T15:29:02","guid":{"rendered":"http:\/\/hlrecord.org\/?p=20708"},"modified":"2016-02-02T08:56:25","modified_gmt":"2016-02-02T13:56:25","slug":"what-would-a-massachusetts-ban-on-ivory-mean-for-elephants-and-people","status":"publish","type":"post","link":"https:\/\/hlrecord.org\/what-would-a-massachusetts-ban-on-ivory-mean-for-elephants-and-people\/","title":{"rendered":"What would a Massachusetts ban on ivory mean for elephants and people?"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">After searching out a dozen antique stores in Boston, I finally found ivory on Newbury Street. The antique earrings were about the size of a pair of pencil erasers, white and with tiny black ships scrimshawed into them. I turned them over in my fingers and tried to determine how they were different from the bone, plastic, tagua nut and mammoth ivory I had seen before.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The store was small and sun-lit, and probably not the only store in Boston or Cambridge selling ivory. I asked the other shopkeepers in the neighborhood if they had any. \u201cNot really,\u201d said one. \u201cIt\u2019s illegal,\u201d said another. \u201cBut there is a guy up the street . . . Tell him I sent you.\u201d<\/span><!--more--><\/p>\n<p>The global concern over elephant poaching has galvanized a trend to implement more regulations and bans against selling elephant ivory. New York, New Jersey and California have already banned most trade in elephant ivory. President Obama has proposed legislation to ban all interstate trade in the substance as well. Massachusetts is one of several states with pending bills to implement a statewide ban, and on October 21, 2015, the Massachusetts State House hosted a public hearing for comment on two bills restricting ivory trade. Given the complicated legal and ethical status of buying and selling ivory, it\u2019s no wonder that it was so difficult to find any at an antique shop. But are these restrictions necessary?<\/p>\n<p><span style=\"font-weight: 400;\">The Massachusetts ivory bills are <\/span><a href=\"https:\/\/malegislature.gov\/Bills\/189\/Senate\/S440\"><span style=\"font-weight: 400;\">S.440<\/span><\/a><span style=\"font-weight: 400;\">, sponsored by Senator Jason Lewis (D-Winchester), and its companion, <\/span><a href=\"https:\/\/malegislature.gov\/Bills\/189\/House\/H1275\"><span style=\"font-weight: 400;\">H.1275<\/span><\/a><span style=\"font-weight: 400;\">, sponsored by Representative Lori Ehrlich (D-Marblehead). The way the bills are currently written, \u201civory\u201d includes not just elephant ivory, but merchandise that is in whole or in part made of the teeth and tusks of whales, hippos, and mammoths. If the bills pass as written, selling these items in Massachusetts would become illegal, even if the item in question is legal under federal law. However, after considering testimony at the hearing and in the future, sponsors of the bill could revise them. Representative Ehrlich has already publicly stated that she plans to amend the bills to exclude whale ivory and exempt scientific institutions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">China is the world\u2019s largest consumer of ivory, and the United States is the second. The Boston\/Cambridge area is ranked as the seventh largest market in the U.S. for ivory products, meaning that legislation in the state of Massachusetts could have a considerable effect on the trade as a whole.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The apprehension about the ivory trade continues to grow as both poaching and trade increases every year. In 2011, poachers killed about one in 12 of the earth\u2019s elephants, according to WildAid\u2019s 2015 Tanzania Survey report. Furthermore, National Geographic\u2019s September 2015 cover story explained how the<\/span><a href=\"http:\/\/www.nationalgeographic.com\/tracking-ivory\/article.html\"><span style=\"font-weight: 400;\"> illegal ivory trade funds terrorist groups such as Boko Haram and the Lord\u2019s Resistance Army<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p>How can the legal sale in non-poached, antique elephant and mammoth ivory hurt living elephants? The concern is that it is difficult, but not impossible, to distinguish what is legal and antique, and what is not. (Paperwork is not required for antique ivory, and tests to determine age are a few hundred dollars each.) A more widespread ban would make it easier for law enforcement to confiscate and impose fines, without having to prove that the ivory is new.<\/p>\n<p><span style=\"font-weight: 400;\">A lot of people love elephants, but that doesn\u2019t mean everyone is in favor of a complete ivory ban. Michael Viennau is the owner of <\/span><a href=\"http:\/\/www.scrimshandergallery.com\/\"><span style=\"font-weight: 400;\">The Scrimshander Gallery<\/span><\/a><span style=\"font-weight: 400;\"> in Nantucket, in which he sells carved and engraved whale teeth and mammoth ivory pieces. Even though the bills aren\u2019t likely to include whale ivory, they might still ban mammoth, which Viennau estimates make up about half his sales.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cI thought that would be the ethical material to use, so I moved into that totally,\u201d said Viennau of mammoth ivory. \u201cI didn\u2019t think there would be any chance that they would ban that. There\u2019s no reason to. It\u2019s already extinct!\u201d If mammoth ivory is included on the bill, Viennau said that he would join other vendors in an \u201cinevitable\u201d class-action lawsuit against the state for the value of their collections.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Not all antique dealers believe that ivory needs to be protected. Tom Lang, co-owner of <\/span><a href=\"http:\/\/westerhoffantiques.com\/\"><span style=\"font-weight: 400;\">Alexander Westerhoff Antiques<\/span><\/a><span style=\"font-weight: 400;\"> in Essex, Massachusetts, was also at the ivory hearing, to testify in favor of the ban. \u201cThe illicit trade is actually riding on the back of the legal trade, meaning the antique ivory,\u201d Lang said. \u201cThe newer ivory is being stained and carved in a period-looking style.\u201d In 2014, U.S. Ivory dealer Victor Gordon was <\/span><a href=\"http:\/\/news.nationalgeographic.com\/news\/2014\/06\/140604-victor-gordon-ivory-trafficking-philadelphia-operation-scratchoff-usf-ws-forest-elephants-gabon\/\"><span style=\"font-weight: 400;\">sentenced to 30 months and fined $150,000<\/span><\/a><span style=\"font-weight: 400;\"> for trafficking in poached ivory and painting it black or staining it to make it look antique.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Representative Lori Ehrlich and her Legislative Aide Joseph Gravellese acknowledge that, to address the concerns of people who own and trade in legal ivory, representatives could amend parts of the bills. \u201cLots of things have been brought to the table,\u201d said Gravellese. \u201cFrom blanket exemptions for items over 100 years old, to musical instruments.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are also disagreements about whether more bans on ivory would even protect elephants. John Frederick Walker is a journalist and author of <\/span><i><span style=\"font-weight: 400;\">Ivory\u2019s Ghosts: The White Gold of History and the Fate of Elephants.<\/span><\/i><span style=\"font-weight: 400;\"> He believes that there will always be a global demand for ivory, and there are ways to regulate the trade to protect elephants without making criminals of antique dealers. \u201cI think that the current aim [of more complete ivory bans] is liable to be very counter-productive and a waste of resources,\u201d said Walker. \u201cLike the war on drugs.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Standing at the panel in favor of the elephants were activists with Global March for Elephants and Rhinos, and an entire class of high-school students asking the panel to save the elephants. The legislators will consider the public comments and written testimony. They have not yet made a decision as to whether it will pass in its current form, or at all.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When I first asked for ivory in the Newbury St. antique shop, the shopkeeper said she didn\u2019t have any. \u201cYou would have a hard time finding someone who would look you in the eye and say they have ivory,\u201d she added. But after I told her I was writing about the proposed ivory ban, she showed me the earrings.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">I asked if she thought I was from Fish and Game when I first asked about ivory. \u201cNo, I\u2019m not worried about that, because we don\u2019t keep any,\u201d she said, even as I held the tiny pieces of elephant tusk in my hand. \u201cI took it all off the shelves. I couldn\u2019t look at any more pictures of dead elephants. So no more ivory.\u201d<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Kristin Hugo studies Science Journalism at Boston University and audits Harvard Law School classes.<\/span><\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>After searching out a dozen antique stores in Boston, I finally found ivory on Newbury Street. The antique earrings were about the size of a pair of pencil erasers, white and with tiny black ships scrimshawed into them. I turned them over in my fingers and tried to determine how they were different from the […]<\/p>\n","protected":false},"author":49,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":{"0":"post-20708","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-opinions"},"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v14.8 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<meta name=\"robots\" content=\"index, follow\" \/>\n<meta name=\"googlebot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta name=\"bingbot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"http:\/\/hlrecord.org\/what-would-a-massachusetts-ban-on-ivory-mean-for-elephants-and-people\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"What would a Massachusetts ban on ivory mean for elephants and people? - The Harvard Law Record\" \/>\n<meta property=\"og:description\" content=\"After searching out a dozen antique stores in Boston, I finally found ivory on Newbury Street. 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