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population in the country produces c. 300–400 kg of ivory annually (Stiles, 2009), providing an additional income for elephant owners (Chomdee et al., 2013). Effective legal en- forcementprevents the entryof illegally sourcedivory, increas- ing the value of legal sources of ivory (Stiles, 2009). An ivory shop owner stated that the price of elephant tusks is TBH 40,000–60,000/kg (USD 1,300–1,900/kg; S. Arbhassarosakul, pers. comm., 2018), a considerable increase from prices in 2001(USD100–250/kg; Stiles, 2009). Ivory carving also creates income for craftspeople: a master carver can earn up to USD 1,000 for a 1-inch elaborate Singha, with the ivory itself comprising ,10% of the price (S. Arbhassarosakul, pers. comm., 2020). Given that the legal ivory trade in Thailand requires a
supply from local captive Asian elephants, the domestic ivory trade could be sustainable if locally sourced ivory can satisfy local demand. Understanding the nature of local consumption would provide a reference for evaluating the capacity of local ivory stock to meet this demand.
Overcoming the barriers to sustainable domestic ivory trade
The reformed Thai legislation regarding ivory has the po- tential to align with the principles of the CITES convention and Thailand’s economic interests and cultural values, if barriers to enforcement can be overcome. However, the complex nature of current legislation regarding ivory- related activities makes compliance difficult. For example, the way in which certificates of ivory origin are issued, and the implementation of relevant regulations, largely depend on the legal understanding of local registrars (S. Arbhassarosakul, pers. comm., 2018). The permit for inter-provincial movement under the Animal Epidemics Act is issued only after the presentation of a certificate of origin. However, certificates cannot be issued retrospective- ly, which makes interprovincial movement of old stocks of ivory (pre-2015) impossible. The need to visit a regional office to register ivory possession presents barriers in the form of travel costs and time, an effort that is difficult to justify particularly for small ivory items (S. Arbhassarosakul, pers. comm., 2018). For ivory traders, certain legal requirements posed by the Accounting law and Elephant Ivory Act create a procedural burden. There is thus a need to streamline the legal framework and consolidate laws related to elephants and ivory, which would not only reduce the administrative effort for traders, but also facilitate product registration for buyers, thereby contributing to increased compliance. Legal domestic ivory markets that contribute to poach-
ing or illegal trade need to be closed as a matter of urgency (CITES, 2019b). Enforcement efforts are thus essential for maintaining a closed Thai domestic market, as the activity of illegal businesses is directly influenced by the effective- ness of law enforcement. Comprehensive trade controls
should prevent both the entry of illegally sourced ivory into the domestic market and the export of ivory products from the country. Significant effort is required to monitor online trade, because illegal online commerce could hamper the control of the legal trade. The newWARPAcan facilitate the prosecution of people involved in the illegal online trade of ivory (Wild Animal Reservation and Protection Act B.E. 2562, 2019). The use of electronic databases and software systems could help monitor the trade and enable informa- tion exchange amongst relevant authorities. Ivory identification is a challenge for enforcement offi-
cers, and the use of modern technologies could facilitate this. Considering the three types of ivory covered by Thai laws, practical tools to differentiate between them are needed to ensure effective control of the ivory trade. Samples of DNA from captive elephants (SC70 Doc 27.4 Annex 21, 2018) would facilitate verification of ivory from captive individuals. Advances in technology (e.g. analysis of chemical composition and genetics) potentially offer methods for distinguishing ivory from different species and locations, based on diet, habitat use and genetics (Raubenheimer et al., 1998; Shimoyama et al., 2004; Wasser et al., 2008; Ziegler et al., 2016). Spectroscopic tech- niques could offer simple and non-destructiveways to assist field officers in identifying ivory (Shimoyama et al., 2004; Buddhachat et al., 2016). Isotopic analyses are effective in differentiating between wild and captive animals of the same species such as wolves Canis spp. and pythons Python spp. (Kays & Feranec, 2011; Natusch et al., 2017). The development of practical techniques for distinguishing ivory from captive elephants from that originating from illegal sources would strengthen the enforcement capacity of Thai authorities (Chaitae et al., 2021).
Conclusion
The historical relationship between elephants and culture influences the legal framework regarding elephants and ivory in Thailand. Thai laws allow the exploitation of captive elephants and ivory as private assets, although the country is bound by CITES provisions for international activities. Compared to the situation pre-2015, the laws now enable comprehensive control of the domestic trade in ivory. However, the complexity of the legal system presents bar- riers to effective implementation. The administrative effort to comply with legal requirements appears to result in small-scale ivory traders abandoning the trade. These com- plexities also discourage compliance and hamper law en- forcement. Integration of all relevant regulations into a single law governing live elephants, their parts and prod- ucts would facilitate effective
implementation.Asustainable ivory industry in Thailand would benefit local economies and livelihoods, without compromising the conservation of elephants.
Oryx, 2022, 56(4), 601–608 © The Author(s), 2021. Published by Cambridge University Press on behalf of Fauna & Flora International doi:10.1017/S0030605321000077
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