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IFAW Applauds eBay for Global Ivory Ban; An Interview with Barbara Cartwright, IFAW Campaign Manager

Richard Brewer-Hay — Mon, 29 Dec 2008 19:54:41 +0000

I first reported that eBay was instituting a global ban on ivory sales on its website back in October. Earlier today, The International Fund for Animal Welfare (IFAW) issued a press release talking about the ban and how the organization worked closely with eBay to make it happen. I received a lot of emails and comments regarding the news so when I heard that IFAW was issuing a press release this week, I thought it would be great to get some time to discuss it with Barbara Cartwright, IFAW Campaign Manager. What follows is the transcript of her answers to my questions over this past weekend. Thanks again to Barbara for taking the time and for sharing her thoughts, and the point of view of the IFAW, here with Ink readers.

Cheers,
RBH

1) IFAW has been studying the on-line trade of endangered species for some time now. What prompted your interest in this issue, and what have you found?

IFAW has been fighting the illegal wildlife trade for about thirty years, using investigations, education, and advocacy to better understand and fight this damaging trade. Over the past ten or so years, we became increasingly concerned about the way the Internet could be used to facilitate the illegal wildlife trade. The web can link buyers and sellers through a lucrative and relatively risk-free channel for illegal trade. Current national laws aimed at regulating wildlife trade have not kept pace with the growth of Internet trade. And even where laws exist, enforcement is often inadequate or simply not focused on trafficking in wildlife.

In an effort to combat this trade, IFAW began actively monitoring common internet trade sites in 2004. We have published 4 reports that revealed shockingly high numbers of wildlife products traded daily on the web. IFAW’s most recent report, Killing With Keystrokes, detailed the results of an intensive investigation undertaken, in part, to better understand the scope and scale of the illegal wildlife trade. In the course of just six weeks, we were astonished to find more than 7,000 wild animals and animal products for sale online. This figure was all the more alarming because the survey was restricted only to trade in CITES Appendix 1 protected species —and even within this narrow group we only looked at primates, elephant, reptiles, large wild cats, rhinoceros, and birds.

2) Why is the ivory trade a problem for elephants when it is legal?

First, it is important to state that the ivory trade has been banned internationally since 1989 under Convention on the International Trade in Endangered Species (or “CITES”). It was made illegal after a decades long crisis in which elephants, slaughtered for their tusks, were driven towards extinction. With the proper permits, CITES allowed for the sale of antique ivory that was obtained before the convention came into place. Sadly, in 1997, and again in 2008, the total ban was further diluted, allowing a resumption of limited commercial trade in elephant ivory from Botswana, Namibia, South Africa and Zimbabwe via two stockpile sales.

In effect, the commercial trade in ivory has created a tragic situation for elephant populations with many thousands being killed annually for their tusks. Since it is impossible for the human eye to distinguish between legal and illegal ivory, outlaws have taken advantage of the “loophole” of legal sales to target weakly patrolled elephant habitats to smuggle and launder ivory from poached elephants into legal inventories.

But whether the ivory was obtained legally or illegally, it comes at the price of more dead elephants – any trade in ivory drives more poaching. If elephants in Africa and Asia are to have a chance of survival, the trade in ivory must be completely prohibited both domestically and internationally.

3) Before researching more about this, I thought that endangered species were protected by national and international laws. Is this not that case? What’s the state of play with the world’s endangered species?

The state of play is actually pretty grim. The International Union for the Conservation of Nature (or “IUCN”) estimates that one in four mammals is at risk of disappearing forever. Despite this unbelievably bleak reality, current international and national laws are too patchy, complex and ineffective to afford endangered species sufficient protection. Threats to species survival include habitat loss and degradation, disease, invasive species, new threats posed by climate change – and of course, unsustainable trade.

What protections do endangered species have? There are a variety of international, national, regional or local laws. For example, the Convention on International Trade in Endangered Species of Wild Fauna and Flora is an international agreement between member governments that aims to ensure that international trade in wild animals and plants does not threaten their survival. CITES protected species are ranked in three groups depending on the level of protection needed. In the United States, we have the Endangered Species Act (or “ESA”), a federal law which was created to provide for the conservation of imperiled wildlife. Species qualify for protection under the ESA if they are placed on the federal list of endangered and threatened wildlife and plants. Another often cited global source to determine the level of endangerment of a species is the “Red List” of species at risk which is produced by the IUCN. Despite its impressive sounding name, the “Red List”, does not offer any legal protection.

All these lists and protections, and other ones too, are only as good as the scientific data they are based on and their monitoring and enforcement capabilities — and most offer numerous loopholes that allow endangered species to still be legally killed if certain requirements are met. So while some protections are better than none, the system is still far from perfect.

4) IFAW was one of a handful of groups that felt passionately that eBay needed to ban the sale of ivory on our sites, including in the US. Given that the sale of ivory is arguably legal in the US, what led you to this conclusion?

In order to comply with CITES, the sale of ivory in the U.S. — and all other CITES member countries — is legal only under very specific circumstances. However, the laws that individual countries have created to comply with CITES have ended up being complex and filled with loopholes and enforcement challenges. For example, in the US, ivory sellers must either have ivory that is antique (which can be proven by certification that it is over 100 years old), or they must be in legal possession of the ivory at the time of the sale (which means the ivory must have been taken from the wild before the elephant was listed as protected in the U.S. — a date which varies depending on whether it was taken from an African or Asian elephant). Verifying this over the Internet is nearly impossible as the buyer and seller never actually meet and the transactions are by nature anonymous and unmonitored. Globally, many of these ivory laws were written prior to the invention of the Internet, and with enough ambiguity, loopholes, and opportunities for laundering illegal ivory under the guise of legal ivory, that meaningful enforcement efforts to control the sale of ivory over the Internet are difficult if not impossible. IFAW’s six week investigation of 185 websites found over 5,000 pieces of ivory being sold over the Web with little or no proof of legality. While in the background over 20,000 elephants are still being poached annually in the wild for their ivory. IFAW and other conservation groups feel that the only way to successfully stop the Internet from contributing to this brutal trade is a complete ban of ivory on th Web. eBay showed great leadership in taking this step, and we hope that other buyer-seller sites will follow.

5) We’ve focused on animal ivory here since that’s the focus of eBay’s ban. But what other challenges to endangered species do you see being posed by on-line commerce?

Over the five years that we have been researching the illegal trade in wildlife on the web elephant ivory has remained the biggest problem on publicly accessible websites. Our most recent investigation showed that elephant ivory dominated the products investigated comprising 73% of the items tracked. But that should not overshadow all the other species that are being sold daily. One of the most surprising findings of our investigation was the thriving market for live exotic birds, which was responsible for 20% of the trade we tracked. This market not only contributes to species endangerment, but also untold suffering as live animals are packaged for smuggling, most often across international borders, in dismal containers, with many dying in transit for every one that survives.

6) Now that eBay’s ban is about to go into effect, what’s next for your overall campaign to eliminate the illegal wildlife trade on-line?

In order to further protect wildlife from on-line illegal trade, all websites should ban the sale of endangered and threatened species, as eBay has done. The ban of ivory on eBay is a momentous step forward to protect elephants. We will continue to encourage other sites to follow eBay’s lead. Meanwhile, it is critical to improve the myriad of laws and enforcement that govern the illegal trade both on-line and on-the-ground, therefore IFAW works on an on-going basis with international and national authorities such as Interpol, CITES and USFWS to both formally and informally provide information and data on the illegal wildlife trade. Finally, IFAW will continue to monitor and investigate the illegal trade in wildlife on the web and educate the public about the inherent cruelty and unsustainable nature of this trade.

eBay To Institute Global Ban on Ivory Sales

Richard Brewer-Hay — Mon, 20 Oct 2008 18:58:57 +0000

One thing I have found fascinating over my first year here at eBay is the variety of topics covered in both email and in meetings. Beyond the typical marketing or PR planning meetings there are hundreds of different policies and rules in place regarding what can or cannot be sold in the marketplace. Each policy change requires careful deliberation of the pros and cons before instituting. (I remember one email chain a few months back about a cornflake shaped liked the state of Illinois!).

Last week I was included in a discussion about the sale of ivory on eBay. This is a particularly complex issue that a team inside the company has been looking at for some time, in consultation with a number of stakeholders. Now, I’m not one to get political on this blog but I do feel quite strongly about the ivory trade. Global demand for ivory has long been a significant factor in the poaching of African and Asian elephants, driving these species towards extinction – to such a degree that both types of elephants are now considered endangered or protected species. As such, trade in ivory derived from African and Asian elephants is highly regulated by a complex set of laws, treaties and regulations. I learned last week that while domestic laws vary, 171 countries came together about 10 years ago to ratify the Convention on Trade in Endangered Species of Wild Flora and Fauna (known as CITES), which generally prohibits international trade in endangered plants and animals, and products derived from them.

Virtually every country, including the United States, has passed laws restricting or prohibiting the sale of ivory, and within the US, 22 states have laws on the books regulating this trade. The cornerstone law in the US is the 1973 Endangered Species Act, which generally prohibits the import, export, possession, and sale of species or parts of species listed as endangered or threatened in interstate or foreign commerce. This Act also implements the restrictions and prohibitions of CITES into US law.

eBay recognizes the distinct responsibilities that come along with the unique attributes of our global marketplace. That’s why, in keeping with the principles established under CITES, eBay banned cross-border sales of ivory in 2007. This ban tried to balance the protection of endangered and protected species while also providing a way for sellers to offer legitimate ivory products legally allowed for sale within domestic markets. However, given the complexities of the global ivory trade, and the distinct and unique characteristics of the eBay Marketplace, the sale of any ivory on our site continued to be a concern within the company and among stakeholders.

The team continued to monitor the issue. Hence the meeting I was called into last week. In reviewing this issue, eBay has consulted with a number of organizations, including World Wildlife Fund, International Fund for Animal Welfare, the Humane Society of the United States, and the US Fish and Wildlife Service. The team concluded that we simply can’t ensure that ivory listed for sale on eBay is in compliance with the complex regulations that govern its sale. So, to protect our buyers and sellers, as well as animals in danger of extinction, eBay has decided to institute a global ban on the sale of all types of ivory. This global ban will be effective January 1, 2009.

I was able to spend a few minutes with Jack Christin, Sr. Regulatory Counsel for eBay Inc. to discuss this further. Our resulting conversation is below.

Cheers,
RBH

Why has eBay decided to ban ivory sales?
eBay already had stringent regulations in place for the sale of ivory, which is regulated by a complex set of laws and treaties. Due to the unique nature of eBay’s global online marketplace and the complexity surrounding the sale of ivory, we will be rolling out a complete ban of the sale of ivory on eBay. We feel this is the best way to protect the endangered and protected species from which a significant portion of ivory products are derived.

As with all policy changes, this one will take some time to roll out. As we roll-out this change, we will continue to work with a number of international and domestic law enforcement authorities with any investigations they initiate into suspicious ivory sales on eBay sites. We will begin enforcing this global ban in January 2009.

So what’s different now to the original policy?
eBay is a global online marketplace so we are constantly looking at ways to streamline our policies.

Over the years we have adapted and evolved our policies globally to reflect the highly regulated nature of ivory and products made from ivory, and we have worked with a number of international and domestic law enforcement authorities, like the United States Fish and Wildlife Service (USFWS), and non-governmental organizations, like the International Fund for Animal Welfare, the Humane Society of the United States and World Wildlife Fund. These agencies and organizations have expertise in this area and have provided incredibly useful information to us as we have continued to re-evaluate our ivory policy.

However, due to the unique nature of eBay’s global online marketplace and the growing complexity of the rules and regulations surrounding the sale of legal ivory, we will be moving from a ban on cross-border sales to rolling out a complete ban of the sale of ivory on eBay. This policy is actually consistent with our general approach to the sale of items made from parts of animals — items made from a part of an endangered or protected species cannot be sold on eBay. Since a vast majority of ivory items are made from African and Asian elephants that are endangered or protected, we think this is the right approach to take for our community.

When will this be put into effect?
This policy change will take place in December 2008 and will be enforced from January 2009.

Is this simply a reactionary response to the report by the International Fund for Animal Welfare?
We’ve consulted with a number of stakeholders, including folks from IFAW both here in the U.S. and globally. We are constantly adapting and evolving our policies globally. Over the years, we have collaborated on our policy regarding ivory with a number of international and domestic law enforcement authorities, including the United States Fish and Wildlife Service (USFWS), and non-governmental organizations, like the International Fund for Animal Welfare, the Humane Society of the United States and World Wildlife Fund. All of these organizations and agencies have assisted us in understanding this issue.

We are already in dialogue with a number of international and domestic law enforcement authorities and have already informed our key contacts about the planned policy change and their reaction has been supportive.

Will the ban on ivory sales include items which happen to include ivory, such as antique furniture with an ivory inlay or old pianos with keys made from ivory?
We will allow some antique items that contain a small amount of ivory, such as a table with a small ivory inlay or an antique piano with ivory keys. We define “antique” for the sale of items that contain a small amount of ivory as pre-1900.

Items which contain a significant amount of ivory, regardless of the age, such as chess sets, ivory broaches and ivory jewelry are not permitted under the new policy.

Do you take action against sellers who are breaking the law?
We work closely with international and domestic law enforcement authorities, including the United States Fish and Wildlife Service (USFWS) and will assist them with any investigations they initiate.

Does this mean you are now looking at other policies and changing them more than what is legally required?
Our global team of legal and policy experts constantly review, refresh and streamline our policies closely collaborating with international and domestic law enforcement authorities, regulatory agencies, non-governmental organizations and our community of buyers and sellers.

How does this affect genuine ivory sellers who want to sell it on eBay? What about buyers who want to buy legal ivory on eBay?
We already had stringent regulations in place for the sale of ivory. However, due to the unique nature of eBay’s global online marketplace and the growing complexity of the rules and regulations surrounding the sale of ivory, we decided to roll out a complete ban of the sale of ivory on eBay to protect our buyers, sellers, and the endangered and protected species from which ivory is derived.

We know this may have an impact on some sellers so are communicating the policy changes directly with them prior to the new policy being implemented. This policy change will take place in December 2008 and enforced from January 2009.