CITES is an international agreement to which States (countries) adhere voluntarily. States that have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although CITES is legally binding on the Parties – in other words they have to implement the Convention – it does not take the place of national laws. Rather it provides a framework to be respected by each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented at the national level.
CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction of any species covered by the Convention, has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species. In the U.S., that authority is the Federal Fish & Wildlife Service.
“Marine Mammal Products” (such as whale teeth) are among the items regulated by CITES. Documented “Pre-Convention” (aka Pre-Ban) items can be exempted from regulation. A CITES “Permit/Certificate”, issued by the country of origin’s “Management Authority” is required to export Pre-Ban whale teeth to another country.
The United States has more severe restrictions on importing “Marine Mammal Products” than CITES regulates exporting. These restrictions are spelled-out in the Endangered Species Act of 1973 (ESA). Basicaslly, Pre-Ban whale teeth may NOT be imported into the U.S. The only exception to the ban is for “CERTAIN ANTIQUE ARTICLES” as spelled out in ESA Section 10 (h). In a nutshell, the item must: be at least 100-years old; have no modern pieces added for repair or modification; and be imported though a specifically designated port of entry. The U.S. Federal authority which can issue such an exemption, is NOAA (the National Oceanic & Atmospheric Administration, of the Department of Commerce) Fisheries Service. The NOAA Office of Law Enforcement (OLE) is responsible for (what else) enforcement.
The Marine Mammals Protection Act of 1972 (MMPA) also has regulation concerning whale teeth, but is mostly concerned with beach "found" ivory, and Native-American "taken" ivory. It is also enforced by OLE.
Known “Management Authorities” of various countries:
Ukraine:
Ministry of Environmental Protection (MEP)
Kyiv (Kiev), Ukraine;
United Kingdom:
Dept for the Environment, Food, and Rural Affairs (DEFRA)
Bristol, England;
United States:
Fish & Wildlife Service (FWS)
International Affairs
Division of Management Authority
Arlington VA;
Canada:
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario K1A 0H3
CWS-CITES Contact Info
Application Form
v: 800-668-6767 or 819-997-1840; f: 819-953-6283