Is walrus tusk legal? (Pictures added)

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Dmitry.M

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Jun 13, 2006
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Got one task from a garage sale. It has a scrimshaw on it made by native. So the task itself is legal.
The question is:
Is it legal for me(not native and not in Alaska) to cut it and use those pieces on my knives?
The same question about the spermwhale tooth. Got it on the same sale and it was a pen stand. No scrimshaw on it.
 
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There was an question about walrus tusk on one of the last "Mounted in Alaska". Something about needing to be over 30 years old or signed by the native that harvested it. I don't know if you could contact Knight's Taxedermy there in Alaska and get any pointers or not. Don't know how busy they are for info questions. I don't know how you would show it was legal after you cut it up either. Would the U.S. Fish and Wildlife be of any service to you?
 
Dmitry,

This is not an easy question to answer. The problem, as you know, is that there are legal uses for the ivory and a general ban on importation and sale of it among non native Americans. That said, I seriously doubt there is a top secret federal agency looking to bust people that acquire a small piece of ivory through normal and legal channels. On the other hand, if you do get scrutinized for some other reason and they run across your products made with undocumented ivory, they could confiscate them and charge you.

I've been advised that the BEST way to obtain ivory you can use for products you wish to sell is to get documented pieces (i.e. properly tagged), and take photos/videos of yourself cutting the piece up, documenting how you consumed the piece. Then if any questions are asked, you have some coverage for your otherwise exposed backside.

- Greg
 
You might want to check in with Mark Knapp. He's a well informed dealer of the North's exotics, as well as a superb maker using the same. A great resource and go-to-guy about ivory.
 
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The most likely thing is that the piece is a reproduction. Look up "Scrimshaw" and "Walrus tusk" on ebay...you will find hundreds of cast replicas. Some really look good to the non-expert. They are a cast resin with a rock powder added. It really looks and feels like a real tusk. Look down the nerve root and you can usually see that there are small pits and bubbles. If the end is flat and has no "tapioca" core showing....it is fake. Out of every 20 I see for sale, 19 are fake.( probably more like 99 out of 100).

On the outside chance it is real, and to cover yourself in making knife handles from it - take good quality photos of the tusk and the scrimshaw. Take clear photos of any signatures,too. Take a shot of the piece cut into sections and slabs...showing the remaining scrimshaw. That should be sufficient to give provenance if there is a problem. Most likely, unless you are going to ship the knife in or out of the USA, there will be no issue to deal with. If you do knife shows, take the photos with the knife to provide immediate proof if a warden asks about the handle.
 
At a Great Western Show years ago, some Feds went around taking ivory grips off of antique guns on people's tables. When they came to me, what I told them I could not repeat here. They immediately left the show but had lots of ivory (6200 table gun show). They were fake Feds, of course.
 
"Fake Feds"! That is a con job I have not heard of before. Thanks for the information.
 
I borrowed these laws from the Boone trading website.

* Sperm Whale An endangered species regulated by the Marine Mammal Protection Act. Importation for commercial purposes has been prohibited since 1973. Interstate sales of registered pre-act teeth with scrimshaw is allowed under a special federal permit. Unregistered pre-act teeth can no longer be registered and cannot be transported across interstate lines for commercial purposes. They can be sold intrastate as long as state law does not prohibit. Antique scrimshaw (100 years plus) can be sold interstate.

* Walrus are regulated by U.S. Fish and Wildlife Service under the 1972 Marine Mammal Protection Act. Raw walrus ivory predating the Dec. 21, 1972 law, tusks bearing the Alaska state walrus ivory registration tags or post-law walrus ivory that has been carved or scrimshawed by an Alaskan native (Eskimo) are legal to buy, possess, and sell. Raw walrus ivory obtained after 12/21/72 is not legal to buy or sell unless both parties are Eskimo (it is legal to own). A $100 export permit is required to ship walrus ivory or oosik (legal as per above) out of the United States.

* Fossil Walrus Ivory is not restricted as it pre-dates the 1972 cutoff, it is legal to buy and sell anywhere within the United States. Shipping ivory or oosik out of the U. S. requires a $100 permit.
 
Generally,
If the tusk was taken after 1972 it cannot be sold to a non-native unless it has been made into artwork. In this case it has to remain what it is forever, you are not supposed to make anything else with it. The same is true with whale teeth. If you can get documentation from the prior owners that shows that the ivory predates 1973, you can do whatever you want with it. Documentation would include a sales receipt from original time of sale, a picture of it on someones wall from early on or at the very least a written affidavit from a witness that can say it predates the act. The paper should have the witnesses name the date they wrote it, contact info. size and weight of the piece, and how they know it was taken before 1973. Something like "My grandfather got it on his trip to Alaska in 1968". It should be signed and dated. The more the better, a copy of these things should accompany any parts of that ivory that change hands and you should keep a paper trail of your uses of the ivory. For instance you keep a copy of the affidavit and write on there " I used 5 inches of the tip of this tusk for a knife sold to..." sign and date that note

That's the way we do it here, sometimes the Feds. take this stuff very seriously. I know of a few cases where people were prosecuted for taking these things too casually

If you would like to post some pictures of the pieces, we can maybe help you with authenticity. Pictures of the insides are most important.

From what you have said so far, you do not have enough information to legally alter those pieces. IMHO

I am happy to help if I can. Mark
 
bladsmth said:
The most likely thing is that the piece is a reproduction. Look up "Scrimshaw" and "Walrus tusk" on ebay...you will find hundreds of cast replicas. Some really look good to the non-expert. They are a cast resin with a rock powder added. It really looks and feels like a real tusk. Look down the nerve root and you can usually see that there are small pits and bubbles. If the end is flat and has no "tapioca" core showing....it is fake. Out of every 20 I see for sale, 19 are fake.( probably more like 99 out of 100).

On the outside chance it is real, and to cover yourself in making knife handles from it - take good quality photos of the tusk and the scrimshaw. Take clear photos of any signatures,too. Take a shot of the piece cut into sections and slabs...showing the remaining scrimshaw. That should be sufficient to give provenance if there is a problem. Most likely, unless you are going to ship the knife in or out of the USA, there will be no issue to deal with. If you do knife shows, take the photos with the knife to provide immediate proof if a warden asks about the handle.
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I bet its fake.Dont feel bad,i bought one too.They look good,but its cast polymer with stamped scrimshaw.
 
One other thing I thought I might add is, good scrimshaw on real ivory is worth a lot more kept as it is rather than cut up for material. It sounds as if you have made a decision you will be happy with. Congrat's on a good find. May we still see it?
 
You are extremely luck to get a real tusk at a yard sale! What a great find.

I have sent a request to the State wildlife authorities on the topic of second use from legal post-ban art tusks, and will post their reply.
 
At an antique show I go to regularly (Palmer-Wirfs Portland Antique Expo) that tusk would be offered at $1200 - $2000. Not saying anyone pays that price, but that's what would be asked.
 
Wow, Great find. These, of course, are easy to tell are genuine. And of course more valuable left as is. I don't know the name of the scrimshander, it's not early traditional work, about 20 to 30 years ago to current is a good guess. The whale tooth is another story. It was not a harvested tooth, it was probably a beach find. The color and wear on the surface tell us it's at least a couple of hundred years old. Very cool
 
So Mark is is legal to make something out of this whale tooth? If it is beach find it is a fossil? I thought something like that about it as I had some experience with old (pickled) walrus teeth back in 70-th. They were nice for the rings.
 
Dmitry.M said:
So Mark is is legal to make something out of this whale tooth? If it is beach find it is a fossil? I thought something like that about it as I had some experience with old (pickled) walrus teeth back in 70-th. They were nice for the rings.
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Whale parts are governed by NOAA, and the US Fish and Wildlife service. So there are two sets of regs you need to be aware of.

The National Oceanic & Atmospheric Administration regs have to do with interstate commerce of the material. In short, you are not allowed to sell it, or anything made of it, fossil or otherwise across state lines. You may sell it in your state and the owner can carry it to another state but you are not allowed to offer it for sale to, or accept payment from, anyone from another state. Examples are on the internet or through the mail. Nor can you take it to a knife show in another state and sell it, or a knife made of it.

The USF&W service is concerned with it's origin, when was it killed and what species is it. The tooth is obviously older than a couple hundred years. The accepted term we use is "fossil ivory" though it is not actually fossilized. More correctly it is "ancient ivory". It is still ivory material and not changed to rock. There in lies the rub, it is legal to use what we call fossil ivory, but some Fish and Wildlife Officers try to interpret that law to mean the strict definition of the word "Fossil" Since it's still ivory, they do not want to allow you to use it. It is subject to individual interpretation. The vast majority of officers will tell you, you can use it. If you use it and come across one of the officers that interprets the law another way, it will be for the courts to figure out. I have seen officers confiscate things from people and have to return it to them with an apology. I have also seen where people were sited, and prosecution started only to see the case dropped the morning of the trial(none of these cases involved me). Most of us would rather not have all the hassle, and expense.

All said and done, I think you are within your rights to use it however you like within your state (I am not a lawyer). For several reasons not having to do with legality, I personally would leave it just like it is, not the least of which, it is very cool and more valuable just like it is. We don't see those things around very much. Like they say, "They aint makin' them anymore"

Congratulations again on a great find, enjoy them, whatever you do. Mark
 
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