Washington Animal Trafficking, Initiative 1401 (2015)

• Text of measure
• Support
• Opposition
• Media editorials
• Path to the ballot
• Washington profile

Initiative 1401
Type	Initiative
Origin	Citizens
Topic	Treatment of animals
Status	Approved a

Washington 2015 ballot
Initiative 1366 - Sales taxes
Initiative 1401 - Animals
Advisory 10 - Spill taxes
Advisory 11 - Marijuana
Advisory 12 - Gas taxes
Advisory 13 - Business taxes

All 2015 U.S. measures

The Washington Animal Trafficking, Initiative 1401 was on the ballot in Washington on November 3, 2015, as an Initiative to the People, where it was approved.

Voting yes would have amended penalties for trafficking certain endangered species or their products.

Voting no would have left current laws unchanged.

Election results

Washington Initiative 1401
Result		Votes	Percentage
a Yes		1,043,773	70.29%
No		441,170	29.71%

Election results via: Washington Secretary of State

Introduction

The initiative outlawed selling, offering to sell, purchasing, trading, bartering for or distributing any covered animal species or product, to include elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark and ray.

Exceptions include when the animal species or product is:

• distributed for scientific or educational purposes or to a museum
• a bona fide antique or a musical instrument composed of less than 15 percent of a covered species product
• distributed to a legal beneficiary of an estate, trust or inheritance
• authorized by federal law or for law enforcement activities

If the animal species or product is valued at $250 or more, violators face class-C felony charges and are fined $4,000. Violators face gross misdemeanor charges and pay $2,000 if the animal species or product was less than $250. A maximum penalty of $10,000 and five years in prison can be imposed on someone convicted.

Fish and wildlife officers were empowered to seize covered animal species and products without warrants. Officers are permitted to donate the seized items to educational or scientific institutions to be used to raise awareness about animal trafficking.

This measure was the first comprehensive state ban on commerce in endangered species in the U.S.

Text of measure

Ballot title

The official ballot title was:

“

Initiative Measure No. 1401 concerns trafficking of animal species threatened with extinction. This measure would make selling, purchasing, trading, or distributing certain animal species threatened with extinction, and products containing such species, a gross misdemeanor or class-C felony, with exemptions for certain types of transfers. Should this measure be enacted into law? Yes [ ] No [ ]

”

Ballot summary

The ballot summary was:

“

This measure would prohibit sale, purchase, trading, or distribution of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray species listed as endangered or vulnerable in the Convention on International Trade in Endangered Species or the International Union for Conservation of Nature’s red list, including items made from listed species. Violations would be a gross misdemeanor or class-C felony. It would exempt certain distributions, including musical instruments and transfers for educational purposes.

”

Fiscal notes

A fiscal impact statement for Initiative 1401 was issued by the Washington Office of Financial Management. The fiscal impact statement reads:

Fiscal Impact Statement for Initiative 1366

Summary Initiative 1401 (I-1401) makes it a crime to sell, offer to sell, purchase, trade, barter for, or distribute any covered animal species part or product. Covered animal species are any species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark or ray. I-1401 would have an unknown impact on state revenues. Washington State Department of Fish and Wildlife would experience increased expenditures if additional law enforcement officers were hired. Other state and local judicial expenditures are estimated to be less than $50,000 per year. Local governments would experience an unknown increase in incarceration expenditures. General Assumptions The effective date of the initiative is December 3, 2015. Unless otherwise noted, estimates use the state’s fiscal year of July 1 through June 30. Fiscal year 2016 is July 1, 2015, to June 30, 2016. State Revenues Section 3 of the initiative creates two new crimes and two new fines. A person convicted of unlawful trafficking in species threatened with extinction in the second degree, a gross misdemeanor, would pay a $2,000 criminal wildlife fine. A person convicted of unlawful trafficking in species threatened with extinction in the first degree, a class C felony, would pay a $4,000 criminal wildlife fine. Revenue from these fines would be deposited in the Fish and Wildlife Enforcement Reward Account. There are no data available to estimate the number of convictions that may occur. Therefore, state revenue from these new fines cannot be estimated. State Expenditures The Washington State Department of Fish and Wildlife (WDFW) does not currently perform enforcement activities related to the animal species covered by I-1401. While the initiative does not require WDFW to hire more law enforcement officers, the agency would likely seek new funding from the Legislature for additional officers or detectives. For example, a request for a dedicated enforcement effort that includes five officers and one detective would cost $815,000 per fiscal year. Current fish and wildlife enforcement activities are funded primarily through the state Wildlife Account and the state General Fund. Some of these activities are funded through the Fish and Wildlife Enforcement Reward Account. New enforcement activities could be funded through any or all these sources. The state Wildlife Account is used for protection of state fish and wildlife, administrative and certain operating expenses of WDFW, certain administrative costs for the Department of Licensing and enforcement of state game laws. The state General Fund may be used for any government purpose such as education; social, health and environmental services; and other general government activities. The Fish and Wildlife Enforcement Reward Account is used only for investigation and prosecution of fish and wildlife offenses, rewards for reporting fish and wildlife crimes, and hunter education programs. Local Government Expenditures District and municipal courts (counties and cities) may experience increased costs for hearing additional gross misdemeanor cases. Superior courts (counties) may experience similar increased costs for hearing additional felony cases. The Administrative Office of the Courts estimates the fiscal impact of these cases to be less than $50,000 per fiscal year if there are fewer than 400 additional gross misdemeanor cases statewide each year and fewer than 65 additional felony cases statewide each year. A person convicted of a gross misdemeanor or unranked class C felony and sentenced to serve time in jail would serve the time in a county or city jail. Based on data from the Washington State Caseload Forecast Council, the average length of incarceration for conviction of an unranked class C felony is 86 days. The average cost of incarceration at a county or city jail is $88 a day. Based on these data, a county would experience annual expenditures of $7,568 for each person convicted of a class C felony. Similar data are not available to estimate the cost of jail time for each conviction of a gross misdemeanor. There are no data available to estimate the number of felony or misdemeanor convictions that would occur statewide in a year or how many convictions would result in jail time. Therefore, the total annual incarceration costs to local governments cannot be estimated.

Support

The campaign in support of the initiative was led by Save Animals Facing Extinction (SAFE). This measure was sponsored by Christian Sinderman of Northwest Passage Consulting, on behalf of Paul Allen, a well-known philanthropist, co-founder of Microsoft and owner of Vulcan, Inc. and the Seattle Seahawks. The Seattle Times reported that Allen was willing to spend millions to qualify the initiative for the ballot and persuade voters to adopt it.

Supporters

Organizations

• Humane Society of the United States
• Sierra Club
• Natural Resources Defense Council
• National Audubon Society
• National Wildlife Foundation
• International Fund for Animal Welfare
• African Wildlife Foundation
• The Zoo Society
• Conservation Northwest
• Born Free USA
• 96 Elephants
• WildAid
• Washington Conservation Voters
• Washington State Democrats
• Mainstream Republicans of Washington
• Woodland Park Zoo
• The Seattle Aquarium
• Point Defiance Zoo & Aquarium
• Metro Parks Tacoma

Businesses

• Vulcan, Inc.

Individuals

• Paul Allen

Arguments in favor

A Save Animals Facing Extinction online advertisement.

Paul Allen, a philanthropist, co-founder of Microsoft and owner of Vulcan, Inc., lead the charge in support of Initiative 1401. He said:

“

Every day, endangered species like elephants and rhinos are slaughtered to fuel a lucrative trade in unnecessary products made of ivory or horn. We must attack the economic incentives associated with trafficking wildlife products and give law enforcement the tools needed to shut down the networks that contribute to this criminal activity. We all have a responsibility to protect endangered animals, and Washington State can serve as a model to lead the way in disrupting the market for these products. If we turn away from our responsibility to protect our planet, these species will become extinct.

”

Professor Sam Wasser, Director of the Center for Conservation Biology at the University of Washington, deemed the initiative an important step in discouraging animal trafficking, saying:

“

The illegal wildlife trade has become the world’s fourth or fifth largest transnational organized crime.The illegal ivory trade alone is worth $3 billion dollars annually. I-1401 is not just about stopping the illegal trade in Washington. It is about sending the right message to the rest of the country, and to the world, that this is a serious crime. Many people don’t realize how important Washington is— together, our ports in Seattle and Tacoma represent the third most heavily trafficked container port in the US. California and New York are already working towards ending illegal wildlife trade. We need to do the same, sending a collective message that environmental security and economic security must go hand in hand if we hope to live in a sustainable world.

”

Professor Guy H. Palmer, Director of the Paul G. Allen School for Global Animal Health at Washington State University, claimed Initiative 1401 is about "leadership," elaborating:

“

Initiative 1401 is about leadership in protecting endangered species, their habitats, and local communities. Poaching and illegal trafficking robs local communities of a valuable resource for sustainable tourism and brings violence into their midst. Closing the markets for this illegal trade is essential—precisely the purpose of this initiative.

”

Wayne Pacelle, president and CEO of The Humane Society of the United States, wrote in an opinion article for The Seattle Times:

“

I-1401 will give authorities better tools to help choke off this illegal trade in endangered animal products. Every 15 minutes, poachers kill another elephant for black-market ivory, sometimes even sawing off the animal’s tusks while it’s still alive. Illegal fishermen hack off thousands of shark fins daily before tossing the mutilated fish back in the water to die. This is a problem that we can start to solve right here at home. The U.S. is one of the world’s largest markets for products from endangered species, and the Ports of Seattle and Tacoma are major entry points. Since 2010, there have been more than 50 seizures of elephant products in Washington state alone, but not a single one resulted in jail time for the perpetrators. We know that the poachers who kill elephants, rhinos and other species for profit are often involved with some of the most notorious terrorist groups in the world, including Joseph Kony’s Lord’s Resistance Army. These militias are killing civilians. They are also robbing nations of a great resource: the beautiful herds of game that have been one of the biggest generators of commerce through wildlife-watching and tourism.

”

Opposition

Arguments against

Stuart Halsan, an antique collector in Washington, wrote in an opinion article for The Seattle Times:

“

I-1401 is targeted at antiques — ivory pieces decades or centuries old, legal when acquired, legally owned and not violating any of those laws. The initiative would strip them of their value and makes innocent people criminals. It would make it a crime to buy or sell or even give away anything that contains ivory. It would be a felony punishable by five years in prison and a $14,000 fine if it is worth $250 or more and a gross misdemeanor if it is a first offense and worth less than $250. The initiative proponents say there is an “antique exemption,” but that is not true. Read Section 3, Subsection (2)(a), carefully: An antique is exempt under this initiative only if it is less than 15 percent ivory, more than 100 years old and you have all the paperwork showing provenance back to when it was made. You actually have to prove yourself innocent. Who could ever do that? A chess set, Mahjong tiles, dominoes, jewelry, statuettes, beads, buttons, anything made of ivory would be illegal to sell or buy no matter how old they are because they are more than 15 percent ivory. An 80-year-old humidor with a small inlaid flower of ivory would be illegal to sell or buy because it’s not 100 years old. Look at your family heirlooms. Does anything look off-white? Do you know if it is ivory or not? Do you want to pay an expert to tell you if it is? Would you risk giving it away? This initiative will affect you.

”

Ammoland.com, a shooting sports news website, argued:

“

I-1401 will ban all trade in any item containing elephant ivory or any prohibited animal part — even if the item was legally imported or crafted decades ago, was legally acquired and has been legally possessed. It provides a few exceptions that are mostly illusionary because they would be so difficult to take advantage of. In addition to excessive penalties, the enforcement mechanisms in the Initiative allow the government to seize and sell or donate valued personal property that contains the prohibited parts or products Federal law contains extensive provisions restricting or prohibiting the import, possession and trade in endangered species, including animal parts. Washington State law protects local wildlife and already has a prohibition on the possession of any animal product from another country where the wildlife is known to have been illegally hunted or killed. I-1401 adds no real protections that don’t already exist in law, but does serious and potentially devastating harm to many Washingtonians. While it misleadingly and dishonestly claims to stop the trafficking of animals threatened with extinction, Initiative 1401 actually only punishes honest Washington citizens by making their lawful property worthless. It will make illegal “traffickers” subject to outrageous penalties out of those lawful ivory owners who attempt to buy or sell property containing any part of a “covered animal species.”

”

John Regan, owner of the Centralia Antique Market, said:

“

It makes an activity I've engaged in for 40 years a crime. To say that we're sending a message to the world that we're tough on ivory, where in fact there isn't a market to sell that ivory, doesn't seem to make a lot of sense to me. ... The problem is in Africa. Is ivory coming into the Port of Tacoma or the ports around Seattle? Have we seen any demonstration there's a problem? I haven't seen any.

”

The National Rifle Association opposed Washington legislation similar to Initiative 1401 in 2015, but has not announced a position on the initiative. Lars Dalseide, a spokesperson for the national NRA, criticized the measure. She said:

“

I don’t think most people realize who Initiative 1401 truly affects. Ivory is found in pianos, guitars, string instruments and wind instruments. Ivory is found in art, in picture frames, in pistol grips and in furniture. Passing this Initiative suddenly turns each and every one of these items into contraband and makes their owners criminals.

”

Campaign finance

See also: Campaign finance requirements for Washington ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through November 30, 2015.

Save Animals Facing Extinction led the campaign in support of Initiative 1401. The campaign reported $3.6 million in contributions and $3.4 million in expenditures.

Legal Ivory Rights Coalition Committee registered to oppose the initiative but did not report any campaign finance activity.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$3,332,253.88	$283,318.52	$3,615,572.40	$3,135,874.40	$3,419,192.92
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$3,332,253.88	$283,318.52	$3,615,572.40	$3,135,874.40	$3,419,192.92

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.

Committees in support of Initiative 1401
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Save Animals Facing Extinction	$3,332,253.88	$283,318.52	$3,615,572.40	$3,135,874.40	$3,419,192.92
Total	$3,332,253.88	$283,318.52	$3,615,572.40	$3,135,874.40	$3,419,192.92

Donors

The following table shows the top donors to the support committee:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Paul Allen	$1,895,995.00	$234,152.52	$2,130,147.52
Humane Society of the United States	$375,000.00	$0.00	$375,000.00
Nicolas Hanauer	$250,000.00	$0.00	$250,000.00
Jeannie Nordstrom	$100,000.00	$0.00	$100,000.00
Paul A Maritz	$100,000.00	$0.00	$100,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the initiative.

Committees in opposition to Initiative 1401
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Legal Ivory Rights Coalition Committee	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Support

The Seattle Times wrote:

“

The northern white rhino’s plight illustrates the devastation caused by exotic-animal trading and why Washington voters should support Initiative 1401. The proposal would strengthen bans and fines for trafficking products made from 10 endangered or nearly extinct animals — elephants, rhinoceros, tigers, lions, leopards, cheetahs, marine turtles, sharks, rays and pangolins (known as the scaly anteater).

”

The Yakima Herald-Republic editorial board said:

“

This measure would prohibit any person in Washington state from selling, buying, trading, or distributing parts of certain endangered animal species, or products containing or made from those animals. The measure specifically applies to parts or products made from elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays. The measure lays out five exceptions for antiques; education, scientific or museum purposes; items distributed after an owner’s death; musical instruments; and where trade is allowed by federal permit or law. The violations would be either a gross misdemeanor or a class-C felony. Critics say this could make felons out of antique owners or musicians who had no knowledge that certain items contained more than the designated percentage of material like ivory. They also say the law won’t do much good in reducing the poaching of animals. Supporters respond that the measure is aimed at reducing demand for products derived from endangered animals killed by poachers. It especially targets products that move through the state’s ports; supporters say the percentage thresholds of materials are based on information from conservation experts and legislation in other states.

”

Oppose

Ballotpedia did not find media editorials opposing the measure. If you are aware of an editorial, please email it to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Washington

Supporters were required to collect at least 246,372 valid signatures by July 2, 2015, in order to land the initiative on the ballot. On July 2, 348,627 unverified signatures were filed with the Washington Secretary of State.

The secretary of state's office announced the initiative's certification on July 22, 2015. A random sampling of the 348,627 signatures found the submission to be sufficient.

Cost of signature collection:
The cost of collecting the signatures to qualify the initiative for the ballot came to $1,205,339. That is about $4.89 per required signature.

The signature vendor was PCI Consultants.

State profile

Demographic data for Washington
	Washington	U.S.
Total population:	7,160,290	316,515,021
Land area (sq mi):	66,456	3,531,905
Race and ethnicity**
White:	77.8%	73.6%
Black/African American:	3.6%	12.6%
Asian:	7.7%	5.1%
Native American:	1.3%	0.8%
Pacific Islander:	0.6%	0.2%
Two or more:	5.2%	3%
Hispanic/Latino:	12%	17.1%
Education
High school graduation rate:	90.4%	86.7%
College graduation rate:	32.9%	29.8%
Income
Median household income:	$61,062	$53,889
Persons below poverty level:	14.4%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Washington. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Washington

Washington voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Washington, accounting for 2.43 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Washington had four Retained Pivot Counties and one Boomerang Pivot County, accounting for 2.21 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

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Recent news

The link below is to the most recent stories in a Google news search for the terms Washington Initiative 1401 Animals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Washington Animal Trafficking, Initiative 1401 (2015) - Google News

See also

Suggest a link

• Washington 2015 ballot measures
• 2015 ballot measures
• Laws governing the initiative process in Washington
• Endangered species in Washington

External links

Basic information

• Text of Initiative 1401
• Washington 2015 General Election Voters' Guide

Support

• Save Animals Facing Extinction
• Save Animals Facing Extinction Facebook
• Save Animals Facing Extinction Twitter