State lawmakers are considering two bills aimed at ending wildlife trafficking, but opponents worry they instead target another group — those with antiques and collectibles.
State lawmakers are considering two bills aimed at ending wildlife trafficking, but opponents worry they instead target another group — those with antiques and collectibles.
House Bill 2502 and Senate Bill 2647, introduced by Oahu Democrats Rep. Ryan Yamane and Sen. Mike Gabbard, would prohibit selling, purchasing or trading any part of endangered animal species including elephants, rhinoceroses, walruses, monk seals and sea turtles. Violators would face misdemeanor charges, hefty fines and time behind bars.
Both measures include exceptions in certain situations, such as if an animal is part of an antique, firearm or knife. But there are requirements to meet those exemptions.
For example, an antique must have historical documentation showing it is at least 100 years old, and it must contain less than 20 percent volume of the animal species.
Proponents say the market for parts of endangered animals is growing. Last year, several people in Honolulu were indicted for illegal ivory smuggling, and Hawaii has been touted as one of the top markets in the country for ivory trade.
The bills aim to stop the practice by aligning state law with federal and international regulations. In September 2015, the United States and China — the largest international ivory markets in the world — enacted near complete bans on the import and export of ivory.
Proponents say exemptions are designed so those with antiques are not targeted.
“I wanted to make very clear, if you’re an individual holding these items, you’re not targeted,” Yamane said. “The goal wasn’t to go after something from grandmother passed to you, the concern was … to go after these more recent ivory, tusk and bone trades.”
David Schofield, a Honolulu-based regional marine mammal response coordinator for the National Oceanic and Atmospheric Administration, said a 100-year age cap ensures relics are old enough.
“It’s very difficult to tell whether a bone is 5 to 10 years old or 100 years old,” he said. “… So in order to protect the current trafficking of marine mammal parts, they have to cast a wide net.”
Both measures gleaned support from animal rights groups, conservation organizations and the state Department of Land and Natural Resources.
But some have concerns.
Don Nigro, owner of Antiques & Coins Shop in Hilo, in an email called the proposed bans “Animal rights hysteria run amok.” He is pushing for the state to focus on “the real problem” — people who knowingly trade illegally poached, post-ban ivories or rhinoceros horn. He said the bills also do not protect property rights or acknowledge people who can properly age ivory.
Nigro himself doesn’t sell much ivory — maybe $250 per year in gross sales — but said the issue boils down to more than simply business.
“People might say, if it’s such a trivial amount, why bother?” he said. “Well, good question. It’s truly the principal in this matter. We’re not doing anything wrong. We’re not supporting elephants or rhinos being killed — we’re against that. We’re doing things right and we need to be left alone.”
“It’s criminalizing people for doing things that should not be illegal,” he continued. “… Animal rights need not trample human rights and if (they do) the law is poorly written.”
Hilo resident Anne Walsh also is worried. Walsh owns a collection of Hawaiian jewelry including some carved ivory pieces. She thinks she should be able to freely sell pieces, or give them someday to her daughter, who should also have that right to sell. Walsh also worries the 100-year age requirement doesn’t protect younger pieces.
“I don’t know anyone who would want more elephants to die,” she said. “But that solution has to take place in Africa. It’s sad the government is even coming into our jewelry box or home.”
Other testimony in opposition worried the bans — specifically on firearms — “turns law-abiding citizens who already own these types of firearms into instant criminals.”
Brenda Reichel, a Honolulu-based jewelry appraiser who travels to the Big Island for appraisals, thinks the bills would do little to stop trafficking.
“It will not save a single elephant,” she said.
Senate Bill 2647 passed its first reading in the House last week and was referred to the House Committee on Water and Land and the House Committee on Judiciary. House Bill 2502 passed the Judiciary committee Thursday.
Email Kirsten Johnson at kjohnson@hawaiitribune-herald.com.