134 a b c d e f g ART + law COMPOSITION This article seeks to present a uniform approach to the analysis of tribal art objects using the morphology and microscopic physical characteristics of ivory and bone to best identify the mammalian source. As such, we seek to contribute an evidence- and science-based process by which the proper identifi cation of ivory can supplement regulations to enable the continued trade of allowable ivory while also seeking to diminish the traffi cking of illegal ivory. For this, detailed examination using sophisticated dental and scientifi c diagnostic methods of a carved ivory object is necessary to obtain a positive identifi cation of the species’ origin. Combined with evaluation by a trained expert, this may also serve to identify a recently carved object and an imitation. While in outward appearance an animal tooth or tusk may diverge considerably from that of a human, the two share many biological and structural similarities. Teeth are generally used for the mastication of food, but can also serve an evolutionary advantage in terms of offensive and defensive purposes. Tusks are simply large teeth that project outward beyond the lips and primarily serve as protective mechanisms. The same four components that make up the human tooth exist in mammalian tusks.12 These components are enamel, dentin, cementum, and the pulp cavity, as can President Obama issued an Executive Order furthering the U.S. government’s commitment to increased efforts to combat illegal wildlife traffi cking. The result of this has been a near total ban on the import and export of unworked elephant ivory and strong restrictions on import, export, and interstate trade in worked ivory that reference CITES although often with stronger restrictions enforced by the Federal Fish and Wildlife Administration. Certain pre-ban worked items can still be legally imported and exported for commercial purposes, but the defi nitive proof of their age is the responsibility of the seller. Pre-ban items being moved over state or national borders for non-commercial purposes, such as exhibition or personal property, may require permits but are allowed. An import ban is currently in place for elephant ivory items involved in for-profi t commercial transactions after February 25, 2014.8 However, on May 15, 2014, revisions were made to allow the sale of certain articles that meet or exceed 100 years in age in the United States or imported prior to September 22, 1982, a positive development for tribal art enthusiasts. This sensible measure serves to enable sustained efforts to promote and value native cultures through their artistic attributes.9 It should also be noted that certain states within the United States have stricter controls than are federally mandated. For example, California, which currently has the highest incidence of ivory sales in the U.S., will enforce a near total ban on the import or sale of elephant, hippopotamus, mammoth, walrus, whale, or narwhal ivory starting July 1, 2016, the only exemptions being any object more than 100 years old containing less than fi ve percent ivory by volume and musical instruments made before 1975 containing less than twenty percent ivory.10 In what can only be considered the logical extension of a long-term trend, further revisions to benefi t the conservation of elephants and other endangered species can be expected in the near future that expressly attack poaching and illegal trade.11 The above is merely a brief survey of EU and U.S. laws and restrictions governing the ivory trade; however, the reader should understand that additional regional restrictions as well as other sovereign state regulations all add to the regulatory environment governing the import, export, commerce in, and ownership of ivory. These are complex and changing issues, and if there is uncertainty, an owner of an ivory object should seek appropriate legal advice before attempting to sell or ship it.
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