States and Countries Banning the Sale of Fossil Ivory and Proposed Legislation

Poachers have long sought out elephants for their ivory tusks. Because of the ecological and moral problems this poses, many countries have banned the import of modern ivory. In response, some smugglers began marking shipments of modern ivory as fossil ivory. In the United States, this led to several state legislatures submitting bills to ban the sale of all ivory, both modern and fossil.

The differences between extant elephant ivory and mammoth ivory have been recognized for some time. Even if a mammoth tusk is well-preserved, it curves much more dramatically than an extant elephant's. Mammoth tusks also have a distinct internal structure, with cross-hatchings (also called Schreger lines) intersecting at a 90° angle compared to extant elephants 115°. Laser-based Raman spectroscopy has identified chemical differences as well. For a general guide to identifying different types of ivory, please refer to the Convention on International Trade in Endangered Species' Identification Guide for Ivory and Ivory Substitutes.

Despite these differences, some state legislatures have elected to ban all types of ivory. While this is undoubtedly less labor-intensive than attempting to identify every individual piece of ivory that passes into a given state's borders, it also makes the acquisition of fossil ivory for artisans, museums, businesses, collectors, and indigenous peoples more difficult than it ought to be.

In order to keep stakeholders apprised of ongoing developments, JPS has provided a list of states that have enacted or are in the process of enacting ivory bans. While non-exhaustive, JPS staff update this list on a regular basis.

The following states have proposed legislation in process. If and when bills are signed into law, we will update the links. NOTE: While we make every attempt to locate the current legislation regarding fossil Ivory, new bills and current legislation is not always easily found. You must check with your own state legislators to see if there are additional proposed bans or bills that have passed.