Ethics Policies for Endangered Natural Heritage

The Board of Directors of the Museum Store Association has approved the following guidelines for the sale of products that concern our endangered natural heritage and for the sale of reproductions.

1. Elephant Ivory: Asian

1. All commercial activity in Asian elephant ivory is strictly prohibited by law. The MSA fully supports all existing laws protecting the Asian elephant, its parts and products and the rigid enforcement of laws.

2. Elephant Ivory: African

1. The MSA supports existing law concerning the commercial activity in African elephant ivory. The African elephant is listed by Convention on International Trade in Endangered Species (CITES) as “endangered.” All commercial activity in African elephant ivory is strictly prohibited by law. The MSA fully supports all existing laws protecting the African elephant, its parts and products.



2. No ivory products, including ivory of undetermined origin or recycled ivory, may be offered for sale at the MSA Exposition or Members Market.

3. Other Ivory: Walrus

1. The walrus is protected under the Maritime Mammal Protection Act under CITES. Ivory obtained prior to December 21, 1972, and authentic Alaskan Native Handicrafts incorporating walrus ivory may be sold with a permit. In general, commercial activity in fresh walrus ivory, other than Alaskan Native Handicrafts, is prohibited.



2. The sale of Alaskan Native Handicrafts is permissible, but each and every item offered for sale must be accompanied by the seller's certificate that the item incorporating walrus ivory is genuine Alaskan Native Handicraft.

4. Other Ivory: Whale Teeth

1. The sperm whale is listed as endangered under the Endangered Species Act (ESA) and by CITES. It also is covered under the Maritime Mammal Protection Act. Interstate commerce in scrimshawed sperm-whale teeth is allowed only if covered by a National Maritime Fisheries Service (NMFS) Certificate of Exemption that is issued for material lawfully held in the United States on December 28, 1973. Import for commercial purposes is prohibited. The same restrictions apply to material from blue, bowhead, finback, gray, right and Sei whales.



2. The MSA prohibits the sale of scrimshaw whale teeth at the Exposition, unless the seller files with the MSA an NMFS Certificate of Exemption for each and every article offered for sale, stating the type and age of the ivory. Sellers of antique scrimshawed whale teeth must provide the NMFS Certificate of Exemption, as well as a certificate of authenticity from a licensed antique dealer that the article is 100 or more years old.



3. The sale of imitation scrimshaw is permissible only if each and every piece bears an indelible maker's mark. Additionally, dealers are encouraged to provide written literature with each piece, stating that the article is constructed of manmade materials.

5. Other Natural Products

1. It is the obligation of the seller to know and to satisfy the requirements of all laws protecting a particular species, whether plant or wildlife, whose parts or products are intended for sale through the MSA. Sellers should be prepared to provide any and all documentation and certificates of exemption as required by CITES, the ESA or state law.



2. Sellers wishing more information should direct inquiries to: Fish and Wildlife Service, Federal Wildlife Permit Office, Washington, DC, and/or to the appropriate state permitting office.

6. Reproductions, Replicas and Adaptations

1. The MSA Code of Ethics permits the sale of reproductions, replicas and adaptations of original artifacts. However, because such products are easily mistaken for “originals,” the MSA requires that each and every reproduction, replica and adaptation offered for sale at the Exposition or in museum stores be indelibly marked with a maker's name.



2. Sellers are encouraged to provide written information about the maker, method of manufacture and the importance of the original that inspired the reproduction, replica or adaptation; but this is not sufficient. A permanent mark must appear on the article itself so that its age and maker can never be mistaken.

Exhibitor affiliates are urged to read these policies carefully. To avoid delay in processing Exposition contracts, exhibitor affiliates intending to sell any products listed in the above policies should enclose the appropriate documents with their Exposition contract.

Museum members should be aware that the products listed in the above policies have restrictions, the majority of which are dictated by federal or state law. Know the laws in your state. As a seller of products in an educational institution, you are obligated under the MSA Code of Ethics to be aware of and abide by your association's policies and guidelines, as well as the laws governing the sale of these products.