The Antiques Trade Gazette ran an interesting article claiming that soon NY State will prohibit the wholesale purchase or sale of any elephant ivory in the state regardless of age. The ATG uses the term "wholesale", not sure what they mean as it is not in the bill (see below).
The penalties for selling would also be greatly increased. According to the ATG, the reason the ban is on all elephant ivory, including old ivory is it is so difficult to accurately determine age. The NY bill is supposed to be voted on this Spring.
Below is the portion of the actual NY State Assembly Bill (source link), (emphasis added)
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-0535-a to read as follows:
3 S 11-0535-A. ILLEGAL IVORY ARTICLES.
4 1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION
5 11-0535 OF THIS TITLE, WHICH AUTHORIZES THE DEPARTMENT TO ISSUE CERTAIN
6 LICENSES OR PERMITS, NO PERSON SHALL SELL, OFFER FOR SALE, PURCHASE,
7 TRADE, BARTER, OR DISTRIBUTE OTHER THAN TO A LEGAL BENEFICIARY, AN IVORY
8 ARTICLE.
9 A. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING:
10 (I) WORKED OR RAW IVORY FROM ANY SPECIES OF ELEPHANT OR MAMMOTH; OR
11 (II) ANY ANIMAL PART CONTAINING IVORY INCLUDED BY THE COMMISSIONER
12 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
13 B. "WORKED IVORY" MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
14 THEREOF, WHICH IS NOT RAW IVORY.
15 C. "RAW IVORY" MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
16 THEREOF, THE SURFACE OF WHICH, POLISHED, OR UNPOLISHED, IS UNALTERED OR
17 MINIMALLY CARVED.
18 2. THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS EXPANDING THE
19 DEFINITION OF "IVORY ARTICLE" TO INCLUDE ANY OTHER ANIMAL PARTS CONTAIN-
20 ING IVORY PROVIDED THAT SUCH PARTS ARE FROM ANIMALS CLASSIFIED AS ENDAN-
21 GERED OR THREATENED AND PROVIDED THAT THE COMMISSIONER HAS HELD AT LEAST
22 ONE PUBLIC HEARING PRIOR TO THE ADOPTION OF SUCH RULES AND REGULATIONS.
The ATG reports
Source: The Antiques Trade GazetteWide-ranging bill to end sales already given unanimous backing at the initial stage
A bill that looks set to become law in New York State will prohibit the wholesale purchase or sale of any elephant ivory in the state - regardless of age. Penalties for doing so will be significantly increased.
Assemblyman Robert K. Sweeney, chairman of the Assembly Standing Committee on Environmental Conservation (CEC), is the primary sponsor of bill A8824, which has 29 other co-sponsors. It follows new federal laws on the trade in ivory works of art announced in February.
The CEC have already passed the measures unanimously, attracting praise from conservation organisations.
The move to make New York a no-go area for trade in ivory follows a January hearing in New York City attended by interested parties, including the antiques trade.
Despite opposition from Sotheby's and Christie's, Assemblyman Sweeney believes the current laws that allow trade in worked antique ivory are subject to abuse and, in many cases, unworkable.
At the January hearing, officers for the United States Fish and Wildlife Service highlighted the problems of determining the age of ivory and distinguishing between African elephant ivory and ivory from other species (including mammoth ivory that will also be banned under the proposed legislation). The falsification of paperwork (currently, the sale of ivory in New York requires a licence from the Department of Environmental Conservation) was also said to be a frequent problem.
Sweeney said that while the existing law made exceptions for older ivory, "the problem is, according to the testimony we received at the hearing, there is not any way short of essentially dismantling the ivory object to determine what is antique and what is not".
If passed, the new law would "prohibit the sale, offer for sale, purchase, trade, barter, or distribution other than to a legal beneficiary of an ivory article" and have a huge impact on the antiques trade.
Christie's are opposing the legislation because it "would go well beyond what is needed to stop the slaughter of elephants for illegal elephant ivory and would end the legal and legitimate trade of antiquated objects containing ivory". They argue an exception should be made for "reputable museums, auction houses and others in the legitimate art market".
Penalties
Although Sotheby's support the bill's motive - tackling poaching and trying to protect endangered species - they oppose it in its current form "because it will eliminate the important market for valuable works of art and other collectibles that are antique or were made well before the international regulation of ivory".
Where most parties agree, however, is that penalties for breaking the current law are deemed too light, with fines in the region of $2000 for the sale of post-convention ivory. The new bill would increase the penalties to a Class D felony ($25,000) and a Class E felony (up to $250,000) for repeat offenders.
Meanwhile the new federal rules aimed at restricting the sale of ivory across the US are making for some unlikely bedfellows. An unusual assortment of trade groups opposes the regulations (due to come into force by June), including the National Association of Music Makers, the Art and Antiques Dealers League of America and the National Rifle Association. Some museums are also concerned about the regulations, which will eliminate charitable tax deduction for all donated ivory works, regardless of their age.
In essence, the new regulations will ban the commercial imports of African ivory of any age, while domestic and export trade will be limited to antiques defined as objects more than 100 years old.
It is understood the new rules will also apply to rhinoceros horn, sperm whale teeth, tortoiseshell and certain woods that are also regulated under the USA's 1973 Endangered Species Act.
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