A Glimpse of the Global Problem
Prison & Hefty Fines for Rhino Horn Traffickers in US
S. 440, H. 1275: An Act to Prevent Trafficking in Ivory and Rhino Horns
Sponsors: Senator Lewis, Rep. Ehrlich
Written by: MSPCA website
Status: S. 440 sent to the Environment, Natural Resources and Agriculture Committee; H. 1275 sent to the Judiciary Commmittee
Summary: This bill would clamp down on illegal ivory and rhino horns sales by prohibiting the sale, trade and distribution of ivory and rhino horn within our state. It will ensure the Commonwealth doesn’t play a role in an unprecedented global poaching crisis by prohibiting the trade in these products.
Why is this bill needed?
- Wildlife trafficking is an escalating global crisis and is fueled in part by the U.S. ivory market – which is among the top few markets globally.
- Between 2010 and 2012, 100,000 elephants were killed for their ivory – an average of one every 15 minutes. All extant five rhino species are threatened with extinction, with merely 28,000 remaining worldwide.
- The worldwide illegal ivory trade has more than doubled since 2007 and tripled since 1998 and Mass. plays a role in this market.
- Elephant and rhino poaching is a brutal and bloody practice – animals are chased with helicopters and shot down with military-grade weapons. Tusks and horns are harvested by cutting off the faces of the sometimes still-living animals. Babies are often killed for their tiny stubble of tusk or horn.
- Poaching is a national security issue – extremist groups and terrorist organizations are often involved in wildlife trafficking, using it to finance their military operations. Wildlife trafficking is among the top 5 criminal markets worldwide alongside narcotics, weapons, human trafficking, and counterfeiting.
- We may see extinctions within our lifetimes. Scientists estimate some populations of the African elephant will be extinct within the next few decades if poaching continues at current rate. Black rhinos have experienced a 96% population decline since 1970 with fewer than 4,800 members of the species remaining today.
- Poaching for ivory and rhino horns is the cause of this crisis.
What would this bill do?
- Prohibit the ivory and rhino horn trade in Massachusetts to ensure the Commonwealth doesn’t play a role in illegal trafficking and help to stem an unprecedented global poaching crisis.
- Prevent ivory traffickers from exploiting federal loopholes: despite federal regulations restricting sale, import, and export, antique ivory and pre-1973 ivory and certain other ivory and rhino horn items can be sold under the Endangered Species Act and African Elephant Conservation Act. Criminals capitalize on these loopholes by aging newly harvested ivory so that it appears old. Thus, legal trade serves as a cover for illegal ivory trade and distribution.
- Impose heavy fines on ivory traffickers and order the seizure of all illegal ivory and rhino horn products upon conviction.
- Establish the Endangered Elephant and Rhino Conservation and Education Fund from penalties assessed under the new law. This Fund will promote conservation and increase education and outreach programs for these species, as well as provide financial rewards for information leading to the arrest and conviction of violators.
- Make law enforcement’s job easier. An ivory and rhino horn trade ban provides clarity for federal and state law enforcement officers who would no longer have to determine if ivory and horn is legal or illegal under the complex federal regulatory scheme.
- This bill would NOT criminalize possession of ivory currently owned by Mass residents or prohibit inheritance or noncommercial gifts.
Last year, both New Jersey and New York passed similar laws and bills have been, or are expected to be, filed in Arkansas, California, Connecticut, Illinois, Nevada, Oregon, Rhode Island, and Vermont in 2015.