美国加利福尼亚州非法象牙贸易（英文版）_22页_7mb

Summary of Elephant Ivory Trafficking in California, USA

Core Content

This document outlines the issue of elephant ivory trafficking in the United States, with a specific focus on California. It discusses the legal framework, market dynamics, and trafficking methods related to the trade of illegal ivory.

Main Points

1. Global Ivory Poaching Crisis

• Over 100,000 African elephants were killed between 2010 and 2012 due to ivory poaching.
• African Forest Elephants declined by over 60% between 2002 and 2011.
• Tanzania's Selous ecosystem saw a dramatic drop in elephant numbers from 55,000 in 2007 to 13,000 in 2013, largely due to poaching.
• Organized criminal networks and even terrorist groups (e.g., Lord Resistance Army in Uganda) are increasingly involved in ivory trafficking.

2. Ivory Import and Classification in the U.S.

• Ivory in the U.S. comes in two forms: raw (unprocessed tusks) and worked (carved items).
• The U.S. ivory laws include the Lacey Act, Endangered Species Act (ESA), and African Elephant Conservation Act (AECA).
• Federal laws prohibit commercial import of African elephant ivory unless it meets specific pre-Convention or non-commercial criteria.
• California Penal Code 653o bans the import, possession, and sale of elephant parts, but has loopholes allowing items imported before June 1, 1977 to remain legal.

3. Legal Framework Overview

A. Lacey Act

• Prohibits the import, export, and sale of wildlife taken in violation of U.S. or foreign laws.
• Requires proper labeling of shipments.
• Makes illegal ivory contraband even after import.

B. Endangered Species Act (ESA)

• African elephants are listed as threatened (1978), and Asian elephants as endangered (1976).
• Allows non-commercial trade of pre-Convention (before listing) and antique (over 100 years old) ivory.
• Director's Order 210 (2014) effectively banned commercial imports of African elephant ivory, with exceptions for antique, sport-hunted trophies, and non-commercial items.

C. African Elephant Conservation Act (AECA)

• Applies only to African elephants.
• Prohibits the import of raw ivory from non-CITES countries or illegally exported ivory.
• Allows sport-hunted trophies from CITES countries.

D. Convention on International Trade in Endangered Species (CITES)

• Most African elephants are listed under Appendix I, which prohibits commercial trade.
• Pre-Convention ivory (before species listing) is allowed for non-commercial purposes.
• Director's Order 210 restricted use after import of African elephant ivory, limiting interstate and intrastate sales unless it qualifies as antique.

E. Administrative Actions

• Obama Executive Order (2013) aimed to combat wildlife trafficking and transnational crime.
• National Strategy (2014) outlined a plan for implementing the ban on domestic ivory trade.
• FWS proposed regulations (2015) would further restrict interstate sales and limit the number of sport-hunted trophies.

Key Information

1. Ivory Sources and Trafficking Routes

• Illegal ivory enters the U.S. primarily from East Asia (China-Hong Kong, Japan, Thailand) and Central/West Africa (Cameroon, Nigeria, Côte d'Ivoire, etc.).
• East Asian ivory is more popular with collectors, often considered superior in craftsmanship.
• Traffickers often camouflage illegal ivory by mixing it with legal ivory (e.g., mammoth, hippo) or plastic/resin items.
• Mislabeled shipments and concealed ivory in furniture or crafts are common methods.

2. Ivory Market in California

• California is a major hub for the illegal ivory trade in the U.S.
• San Francisco and Los Angeles are the largest ivory markets in the state.
• Federal and state laws are inconsistent in enforcement, particularly due to loopholes in California's law.

3. Ivory Age Classification

• Ivory is classified into four categories based on age and import date:
  1. Over 100 years old
  2. Imported prior to 1977
  3. Imported prior to 1989
  4. Imported after 1989
• The investigator used subjective methods to estimate age, including vendor descriptions, item quality, and signs of age (patina, wear, etc.).
• Fake antiques are a significant issue, often artificially aged using chemical treatments or burial techniques.

4. Market Surveys and Findings

• The study was conducted from March 15 to April 11, 2014, focusing on Los Angeles and San Francisco.
• Over 1,200 possible ivory sellers were identified, with 450 in San Francisco and over 400 in Los Angeles.
• Estimates suggest that 30% of ivory items observed in the U.S. could be illegal under federal law.
• The investigator posed as a buyer to gain insights into sourcing and authenticity.

Conclusion

• The U.S. plays a significant role in the international ivory trade, with California being a key market.
• Federal and state laws have loopholes that allow illegal ivory to persist in the market.
• Trafficking methods are increasingly sophisticated, including fake antiques and mislabeled shipments.
• Recent regulatory changes have tightened restrictions, but enforcement remains a challenge.