America.gov (Washington, DC)
Lea Terhune
23 June 2008
Sale of most elephant ivory is banned by the Convention on International Trade in Endangered Species (CITES); even the sale of ivory from culled or naturally deceased animals is strictly regulated. Since 1973, most sale of elephant ivory has been prohibited in the United States under the U.S. Endangered Species Act, under which Asian elephants are listed as endangered and African elephants as threatened. (See "Key U.S. Environmental Law Helps Save Species from Extinction.")
In addition, most import of African elephant ivory into the United States is prohibited by the African Elephant Conservation Act. Documentation in the form of affidavits from experts proving the age of the ivory, legal import and CITES Pre-Convention Certificates from country of origin are required for any legally traded ivory. The Department of Interior's Fish and Wildlife Service (USFWS) enforces these restrictions.
Sandra Cleva, a spokeswoman for USFWS enforcement, told America.gov that eBay frequently consults her agency in drafting policy statements. "We haven't written or approved those, but we have attempted to provide reasonable guidance."
Cleva said ivory "is one of the most complex wildlife trading issues. The legality of a specific sale is item-specific," referring to the documentary proof needed for legal sale. "I think they've made a reasonable attempt" to provide guidance to sellers, and eBay cooperates when suspicious items have come to USFWS attention.
According to wildlife conservationists and some international crime experts, online trade remains a major threat to endangered species like the elephant. And eBay is not the only online sales portal for illegal wildlife products. (See "Wildlife Trafficking Is a Serious Problem, Lucrative Business.")
CONSERVATION GROUP URGES STRONGER ACTION
IFAW called on eBay in 2007 to ban ivory sales. In response, eBay affiliates around the world took steps to curb the trade.
"EBay's affiliates in countries including Germany, Australia, France and China have virtually eliminated the illegal ivory trade on their Web sites thanks to severe restrictions and outright bans," Jeff Flocken, director of IFAW's Washington office, said. EBay France reported a 98 percent reduction; Germany, a 95 percent reduction.
Paul Todd, IFAW program officer, told America.gov that requiring legal documentation of provenance be posted for ivory transactions has worked for country affiliates that enforce it, like France and Germany. Australia eBay banned ivory sales altogether. "Where the country affiliate eBays have put these restrictions or bans in place, they've virtually eliminated the ivory trade on eBay, which tells me that the vast majority of the trade that was going on was illegal," Todd said.
In contrast, U.S. eBay posted guidelines for sellers stating that only "pre-ban" ivory can be sold on eBay. But eBay does not require proof beyond the seller's word. A notice states, "By listing your ivory item on eBay, you are certifying that you legally possess the item and are legally able to sell it in the United States."
According to IFAW, North American ivory sales have spiked on eBay in the past year. A search in May located 678 items on U.S. eBay, a rise from 440 found last fall, Todd said. Although the numbers fluctuate, IFAW regularly monitors these auctions and sees an upward trend.
"As the world's largest online marketplace, eBay is one of the more significant conduits for illegal trade in wildlife products on the Internet," IFAW wildlife trade director Peter Pueschel said, adding that 20,000 elephants are slaughtered each year, mostly for illegal trade.
EBAY RESPONDS
When contacted by America.gov, eBay's public relations firm responded with a statement: "We have developed our domestic policies regarding ivory in conjunction with the U.S. Fish and Wildlife Service and have continued to work very closely with them on this important issue. We are strongly committed to wildlife conservation and believe that our policies effectively combat the illicit trade of ivory.
"We will continue, as we have for many years, to work with international and domestic law enforcement authorities ... and nongovernmental organizations, like the International Fund for Animal Welfare and World Wildlife Fund, to ensure that sales of ivory products on eBay comply with applicable laws," adding that eBay will assist USFWS in investigations "into suspicious domestic ivory sales on the US site."
An eBay spokeswoman was unavailable for further comment despite several requests from America.gov.
EBay affiliates now restricting ivory sales are in countries that are CITES signatories with laws similar to those in the United States. The difference, Todd said, is "in these countries they've decided to presume illegality unless it's proved otherwise ... the basic premise in all these countries including the United States is that trading in endangered Asian and African elephant ivory is illegal unless you can meet some very clear specific exceptions." U.S. eBay "has taken the attitude ... that it's all legal unless we have real compelling evidence, or somebody alerts us."
IFAW reiterated its call for a complete ban on eBay wildlife product sales. "We'd really like to partner with eBay because they could be such a powerful force in combating the global illegal wildlife trade in general," Todd said.
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