As wildlife conservationists know well, New York has become one of the main points of entry for illegal ivory into the United States. A major investigation led by the Manhattan District Attorney’s Office in 2012 highlighted the enormity of this moral and ecological crisis. Authorities seized 72 boxes of ivory trinkets from Manhattan’s Diamond District — all that was left of 100 slaughtered African elephants.
It is unacceptable for ivory poachers to have a toe-hold in our city. Elephant tusks being sold as mass-produced jewelry and decorative items in New York help to fuel a crisis claiming an estimated 96 elephants every single day in Africa.
The illegal wildlife trade is an international problem, but reducing trafficking in ivory and ivory products requires local solutions. That’s why we enthusiastically support a bill passed last week in the New York State Assembly that would amend the environmental conservation law to prohibit the purchase or sale of ivory. Action is expected in the state Senate this week.
The slaughter of elephants is reason enough to support the legislation. But it is not the only reason. It has become clear that the large-scale poaching of elephants and trafficking in ivory present enormous economic and security challenges across Africa and beyond.
The illegal ivory trade both flourishes from and contributes to a climate of instability in which humanitarian crimes have risen dramatically.
Rebel groups like Al Shabaab and the Lord’s Resistance Army, which have undermined local governance and terrorized communities, are reported to benefit from the poaching of elephants and trafficking in ivory. While the degree to which this trade contributes to rebel groups’ growth is unknown, their reported involvement demonstrates that elephant poaching isn’t just a problem for the creatures being slaughtered.
The African elephant ivory traded by organized criminal networks inevitably finds its way to market — much of it in Asia, where a rising middle class has fueled a surging demand, but also in the United States. The existence of a legal market for ivory has enabled criminal networks to launder ivory from newly slaughtered animals, whether domestically or in Asia.
Poaching of elephants and trafficking in ivory fosters corruption, undermines the rule of law and impedes the potential for sustainable development in some of the world’s most impoverished nations.
This is where legislation pending in the state Senate comes in. The 2012 investigation resulted in guilty pleas from two ivory dealers and their corporations. However, despite the fact that the defendants possessed more than $2 million in contraband, under existing law they could only be charged with Illegal Commercialization of Wildlife, a class E felony (New York’s lowest felony charge). That charge applies to sales or offers for sale of more than $1,500 worth of elephant ivory, regardless of the scope of a seller’s operation.
Under the tougher penalties in the bill proposed by Sen. Andrew Lanza (R-Staten Island), those who trade in the bounty of endangered and rare animals would face criminal charges proportionate to the scale of their operations. The measures would also establish higher fines for repeat offenders and create a very narrow exception for when one is authorized to sell or purchase ivory.
A recent statewide survey indicated that 80% of New Yorkers support a permanent ban on ivory sales. They feel this way even when presented with the argument that a ban would negatively impact businesses such as auction houses and antiques dealers, as well as the rights of property owners. They feel this way regardless of age, gender, geographic location or political party affiliation.
Let’s pass a strong ivory bill. It is the will of New Yorkers and the right thing to do.
Vance is Manhattan District Attorney. Samper is president and CEO of the Wildlife Conservation Society.
