U.S. Fish & Wildlife Service Can I sell it? A Guide to Wildlife and Plant Protection Laws

U.S. laws that protect wildlife and thousands of animal and plant species Examples: Carved or “raw” tusks, plants generally address the removal and products made from them, carvings, jewelry, pianos with of species from the wild as well as including items that were acquired ivory keys, furniture or other inlay, commercialization in any form – before being listed under CITES. decorative trim. whether alive or dead, or as parts or manufactured products. In some The Marine Mammal Protection Asian elephant ivory and other items: cases, the age of the item may make a Act (MMPA) prohibits sale of difference as to whether it can be sold. whale, walrus, polar bear, and other Generally cannot be sold in interstate marine mammal species. However, or international commerce, with Some wildlife laws prohibit all sale exemptions exist for products that pre- certain limited exceptions. Consult or purchase of products made from a date the law (1972) and products that our webpage “What Can I Do With protected species. Examples include qualify as authentic Alaskan Native My Ivory” (http://go.usa.gov/xj8f4) the Migratory Bird Treaty Act (which handicrafts and clothing, but only for information on prohibited versus protects more than 1,000 wild birds if the species does not have further allowable activities. Permits required native to the United States) and the protection under the ESA (e.g., many for import or export. Sale of items Bald and Golden Eagle Protection Act. whales, some seals). within a State allowed unless restricted by “use after import” limitations Under the Endangered Species Act Watch list * associated with items imported after (ESA), the legality of selling an the listing of the species under CITES item made from an endangered or As a buyer or seller of items made or unless prohibited under State law. threatened species in interstate or from or containing wildlife products, international commerce may depend it is important to be aware of the on a number of circumstances, laws governing commercial trade. Of including the age and origin of the course, these laws can be complicated, item and whether the species is native so when in doubt, contact the U.S. to the United States. The Endangered Fish and Wildlife Service to determine Species Act is the only Federal wildlife whether it is legal to buy or sell an law that addresses the concept of an item. For us to answer your questions “antique,” and the statute specifies accurately, you must be able to tell that such items must be at least 100 us the species involved, including the years old. scientific name, if possible.

The Convention on International Trade This “watch list” highlights some of in Endangered Species of Wild Fauna the most common wildlife and plant USFWS and Flora (CITES), a treaty that materials that may be problematic to Dagger with rhino horn handle regulates international trade in certain buy, sell, import, or export. species, requires permits or other Examples: Carved or “raw” tusks, USFWS paperwork for imports and African elephant ivory: carvings, jewelry, chess sets, inlay, and exports of decorative trim. A near-total ban on commercial trade in African elephant ivory went into Rhino horn: Generally cannot be sold in effect in the United States on July interstate or international commerce. 6, 2016. Regulations do not restrict Consult the Service for limited personal possession of ivory. Permits exceptions. Import or export requires required for import or export. a permit. Sale of items within a State Consult our webpage “What Can allowed unless restricted by “use I Do With My Ivory?” (http:// after import” limitations associated go.usa.gov/xj8f4) for information on with items imported after the listing USFWS prohibited versus allowable activities. of the species under CITES or unless prohibited under State law. Elephant ivory fan with hand painted silk Examples: Libation cups, dagger Examples: Taxidermied trophies, handles, carvings, trophies, and rugs, and fur clothing. jewelry. Brazilian rosewood: Sea turtle shell and leather: Brazilian rosewood is listed in CITES Generally cannot be sold in interstate Appendix I. Commercial international or international commerce. Consult trade typically not allowed, except for the Service for limited exceptions. items acquired or manufactured before Permits required for import or export. listing under CITES, and any import Sale of items within a State allowed or export requires a permit. unless restricted by “use after import” limitations associated with items Examples: Guitars, marimbas, imported after the listing of the species billiard cues, chess sets, furniture, and under CITES or unless prohibited furniture inlay. under State law. * NOTE: Please be aware that this Examples: Tortoiseshell jewelry, list does not include every type of combs, mirror casings, brushes, wildlife or plant material that could and guitar picks; furniture, musical be problematic to sell, buy, import or instruments, or other items with shell export. For example, thousands of inlay; boots, belts, and handbags. species not mentioned here are listed in CITES Appendix I or II and may require permits from the importing, exporting, or re-exporting country.

Elephant ivory statue USFWS

Grizzly bear, jaguar, or other U.S. species listed as endangered or threatened: No interstate or international sale of any type regardless of age, without a permit. Sale within a State allowed USFWS Elephant ivory carving set unless prohibited under State law

Taxidermied migratory birds or migratory Examples: Taxidermied specimens, bird feathers and parts: rugs, clothing, and other fur articles.

With some limited exceptions, sale Walrus ivory: of any type prohibited regardless of age of the specimen. (Exceptions Import or export requires a permit. involve limited purchase and sale of Sale legal if ivory is “pre-Act” under certain captive-reared and sport-taken the MMPA (acquired before 1972) or migratory waterfowl.) is a product purchased within the U.S. that qualifies as an authentic Alaskan U.S. Fish & Wildlife Service Native handicraft. Division of Management Authority Examples: Victorian songbird 5275 Leesburg Pike, MS: IA collections, vintage women’s hats, and Falls Church, VA 22041-3803 Whale teeth or bone: feather boas. 703/358-2104 or 800/358-2104 Consult the National Oceanic and e-mail: [email protected] Taxidermied bald or golden eagles or http://www.fws.gov/international eagle feathers and parts: Atmospheric Administration for guidance on sale. Import or export @USFWSIntl requires a permit. Like us on Facebook Sale prohibited regardless of age USFWS_International Affairs Examples: Native American Example: Scrimshaw. cultural and handicraft items (fans, Office of Law Enforcement headdresses, dreamcatchers); bald Polar bear: 703/358-1949 eagle mounts. e-mail: [email protected] Import or export requires a permit. http://www.fws.gov/le Sale within the United States legal if polar bear is “pre-Act” under the MMPA (acquired before 1972) or is a product purchased within the United August 2016 States that qualifies as an authentic Alaskan Native handicraft.