For what it's worth, Sandra Brady wrote to USFWS to get a written explanation of what the current status of the law was with respect to selling ivory across state lines and whether a permit is needed. Below is their response:
From: "Management Authority, FWHQ" <managementauthority@fws.gov>
Subject: Re: ESA permit
Date: October 20, 2014 at 4:44:55 PM EDT
To: sandy Brady
Thank you for your inquiry. We appreciate your patience.
The first step in this process is to evaluate whether your items are made of African or Asian elephant ivory. Such proof can be in the form of a qualified appraisal or other documentation that definitively demonstrates the identification of the species through a detailed provenance of the article.
If your items are made from Asian elephant ivory and you wish to sell them across state lines (interstate commerce), you will need to be able to demonstrate that your ivory meets the definition of an antique--
To qualify as antique, the importer, exporter or seller must show that the item meets all of these criteria:
A: It is 100 years or older;
B: It is composed in whole or in part of an ESA-listed species;
C: It has not been repaired or modified with any such species after December 27, 1973; and
D: It is being or was imported through an endangered species “antique port.”
***Under Director’s Order 210, as a matter of enforcement discretion, items imported prior to September 22, 1982, and items created in the United States and never imported must comply with elements A, B, and C above, but not element D.
If you can provide proof confirming that this ivory was imported prior to September 22,1982 (for example, a datable photo of the owner with the item, a dated letter or other document referring to the item) you will not need to meet element D above.
If your items are made from African elephant ivory and you wish to sell them across state lines or to a resident of another state (interstate commerce), you will be able to sell your ivory if you can demonstrate that your ivory was lawfully imported prior to January 18, 1990 (the date that the African elephant was listed in CITES Appendix I). Again, this proof could be in the form of a datable photo, a dated letter or other document referring to the item.
If your items are made from African or Asian elephant ivory and you wish to sell them within your state to a resident of your state (intrastate commerce), you will be able to sell your ivory if you can demonstrate that your ivory was lawfully imported prior to the date that the species was listed in CITES Appendix I (January 18, 1990 for the African elephant; July 1, 1975 for the Asian elephant). Again, this proof could be in the form of a datable photo, a dated letter or other document referring to the item.
You do not need to apply for a permit or contact our office to conduct these activities; however, you should have all documentation ready so that you can demonstrate the legality of the sale, if asked. We would also suggest that you pass along all documentation to the buyer of your elephant ivory items.
Please note that this guidance is current, but we do anticipate additional actions in the coming months that will impact how elephant ivory can be traded (e.g. bought or sold) within the United States. Refer to our Elephant Ivory Trade Q&A page for the latest information.
To summarize:
1. Gather documentation that identifies whether the ivory was derived from an African elephant or an Asian elephant. This can be done through a qualified appraisal or detailed provenance of the article.
2. Gather documentation, such as a datable photo or dated letter, that demonstrates that the ivory was lawfully imported prior to the species listing in CITES Appendix I (January 18, 1990 for the African elephant; July 1, 1975 for the Asian elephant) OR, if Asian elephant ivory to be sold across state lines, gather documentation that the items qualify as "antique".
3. Check the Elephant Ivory Trade Q&A page for any updates made since you received this guidance.
4. Check to make sure that you are also in compliance with local and state laws.
5. Proceed to sell your elephant ivory in compliance with all applicable laws.
We appreciate your time and consideration.
Please do not hit "reply to...," reply to
managementauthority@fws.gov.
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U.S. Fish and Wildlife Service
International Affairs Program
Division of Management Authority
Branch of Permits
1-800-358-2104
Reply to:
ManagementAuthority@fws.gov
http://www.fws.gov/international/permits/
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New mailing address:
ATTN DIVISION OF MANAGEMENT AUTHORITY - BRANCH OF PERMITS
U.S. FISH & WILDLIFE SERVICE HEADQUARTERS
MS: IA
5275 LEESBURG PIKE
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