IT'S SO PRETTY, BUT IS IT LEGAL?

A look at the jewellery and animal products that we cannot bring back from holiday.

 

Picture the scene:  you are on holiday in some exotic place, and see a very pretty necklace in a shop window.  It would make a beautiful and long-lasting souvenir of the holiday and bring back many happy memories.  But what is it made of?  And is it one of the banned items from protected species?

One such example is tortoiseshell, which comes mainly from a marine turtle called a Hawksbill.  The shop assistant tells you that tortoiseshell is legal, and that you can safely buy it.  That may be correct at the point of sale and you may be allowed to export it.  But can you import it into your own home country?

The answer is probably no.  If you declare it in customs you will have to hand it over as prohibited goods.  If you do not declare it, and it is found in your luggage, you will also be liable for a hefty fine or prosecution.

Marine turtles: Green (left), Hawksbill (centre), and tortoiseshell box (right).

There are, unfortunately, no hard and fast rules governing all the protected species world-wide.  Many countries are now signatories to CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (an international agreement between governments – see below), whose aim it is to ensure that the survival of wild animals and plants is not threatened by international trade.

CITES was started in 1973 and more and more countries are still joining, but not every country world-wide has signed up.  And even amongst those that have, some insist on exemptions for certain species.  For example, when Japan signed up an exemption was made for tortoiseshell, though the Japanese government agreed to halve its imports.

CITES operates internationally, not domestically.   Their bans concern international trade only.  It is worth remembering this when abroad.  Some countries adopt CITES bans domestically, but others do not.  Hence within some countries the culling of endangered animals is allowed.  An example of this is South Africa, which allows some culling of elephants.  Ivory taken from these elephants can be used, but it cannot be taken beyond the country’s borders.  Therefore it is possible to buy ivory items in South Africa, but not to take them out of the country.

Elephants in Namibia (left). Various types of ivory inc. elephant, walrus, hippo and narwhal (right).

OK.  So we dare not buy ivory in Africa to bring home.  But what about the elephant hair jewellery?  Again, no!  It comes from the elephant, and it is the whole animal, not just its tusks, that is protected.

In the United States each separate state has different rules and regulations, so what is permissible in one state may not be allowed in the next.  And, just to add to the general confusion, every agreement may be interpreted in different ways.  Thus some countries such as the UK may have extremely strict interpretations of how ivory that pre-dates the trade bans can be used, saying that it cannot be re-worked and sold for commercial gain, while in other countries that would be perfectly acceptable – as long as the ivory was first worked and sold before those bans came into force.

Another gem material that may or may not be affected is coral.  Coral is not a plant, but a colony of minute animals called polyps.  It grows very slowly.  In some areas of the world it has been fished out and there is little left.  In other areas the stocks are fine and trade is permitted.  But can you tell whether that little coral pendant is from the area with restricted fishing or from one where it grows in abundance? 

And is black coral amongst the protected species or not?  Again, some is and some is not.  Black coral comes not only from the seas around different countries, but also from different species – there is not just one type of black coral.

Blue coral is listed under Appendix II of CITES, which means that it can be traded but only under strict rules, regulations, and quota.  Yet it is still available to purchase in many places.  The last time we at Organic Gems came across blue coral for sale we were assured that it was from old stock.  But it is impossible to be sure.

Blue coral.

And how does a quota work?  The Inuit are allowed to catch a small quota of whales on a cultural basis.  They may then carve their (ivory) teeth and sell them.  But if you buy the carving in, for example Greenland, can you take it home?

There are, of course, the incidents of total disregard for any laws, much less for the survival of the animals.  Thus it is possible to see new ivory items for sale in certain countries alongside items made of mammoth ivory – which, having been extinct for 10,000 years or more, is not covered by trade bans.  The unwary purchaser will probably be told that it is all mammoth ivory and therefore legal.  Another ruse is to write out a receipt stating that the item is antique -- which it clearly is not – thus giving the purchaser a clear conscience and something to show the customs officers back home.

Some animals may seem plentiful to the tourist, for example Queen Conch in the Caribbean, when in fact they are now becoming threatened.  Conch shell is used for carving cameos, and very occasionally a conch will contain an immensely valuable conch pearl.  However in their case extinction threatens not because of their beautiful shells, but because of their tasty meat.  Always a local delicacy, it has now become a must-have delicacy in some of the Far Eastern countries.  The Queen Conch is now listed under CITES Appendix II and fishing for conch is forbidden in some areas, but they are still being caught and eaten.

Conch shell (one end sawn off to show colour layers), conch beads and conch cameo.

There are also animals that are endangered yet not covered by trade bans.  Because so little is known about their habitat, it is not possible to create bans.  One such is the nautilus, which lives in very deep water.  A pre-historic animal with a fascinating and beautiful shell, they are caught and turned into inexpensive jewellery, such as the bracelets illustrated below.  Here just the central whorls (called the ‘coque-de-perle’) from several young animals have been mounted in silver.  These bracelets are not one-offs, but are in mass-production.

Nautilus shells, polished, cut in half and whole (left), and bracelets (right).

Threatened?  Endangered?  Banned or not banned?  Quota?   Are you bewildered?  Hardly surprising!  Even the experts who work with these rules and regulations every day can sometimes have difficulty interpreting them.  The best advice is to contact your country’s official bureau and find out exactly what the rules are, before you buy anything and try to take it home.  (CITES member countries’ representatives can be found on the CITES website.)  Consider what might be on offer in the country that you are about to visit and phone and check before you leave home.  Some materials can be exported and imported with a CITES license which states exactly what the item is, and its provenance.  A reputable dealer would be able to give advice and to supply a CITES license where appropriate.  There are some items -- such as rhino horn --that we all know are severely under threat, and therefore banned. But if you are in doubt when confronted with that pretty necklace, use discretion.  A dealer that is too persuasive is possibly not to be trusted.  And remember that extinction is not temporary – it is for ever.

Black rhino in Namibia.

 

The following is taken from the CITES website www.cites.org, with their permission:

The species covered by CITES are listed in three Appendices, according to the degree of protection they need.

• Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances.

• Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival.
• Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each Party’s is entitled to make unilateral amendments to it.

 

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