Restrictions on Trade in Elephant Ivory (CRS Report for Congress)
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| Release Date |
Revised Sept. 22, 2015 |
| Report Number |
R43700 |
| Report Type |
Report |
| Authors |
Brandon J. Murrill and Daniel T. Shedd; Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
For decades, illegal trade in elephant ivory has threatened the viability of wild populations of the
Asian elephant (Elephas maximus) and the African elephant (Loxodonta africana). To reduce the
United States’ contribution to the demand for illegal elephant ivory, President Obama announced
in February 2014 that his Administration would “strengthen enforcement” of U.S. laws governing
the trade as part of his National Strategy for Combating Wildlife Trafficking. Shortly thereafter,
the Department of the Interior’s (DOI’s) Fish and Wildlife Service (FWS or Service) took
administrative actions designed to restrict trade in elephant ivory further while allowing some
trade that the agency does not believe would undermine elephant conservation efforts.
At the federal level, two statutes, the Endangered Species Act (ESA) and the African Elephant
Conservation Act (AECA), and an international treaty, the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), potentially restrict the trade, possession,
and use of elephant ivory by persons subject to U.S. jurisdiction. In addition to the statutes that
regulate trade in ivory, FWS has promulgated or issued rules, orders, and policies that generally
dictate what persons subject to U.S. jurisdiction can do with elephant ivory. In July 2015, FWS
proposed certain revisions to its ESA Section 4(d) rule on African elephants that would further
restrict trade in African elephant ivory.
This report briefly discusses the federal statutes and the treaty that govern international and
domestic trade in elephant ivory by persons subject to U.S. jurisdiction. It then provides an
overview of the President’s strategic plan to combat wildlife trafficking, as well as related
administrative actions by FWS. It examines the restrictions on trade in Asian and African
elephant ivory contained in federal laws, as well as FWS regulations and policies. It also explains
potential exceptions to these restrictions, including exceptions for antiques, certain musical
instruments, and ivory that is part of a household move. The report concludes with a brief
overview of legislation introduced in the 114th Congress and FWS’s proposed revisions to its
special rule addressing African elephant ivory trade.
