16 U.S.C. § 4221 — Review of African elephant conservation programs
submitted 38 years ago by Pub. L. 100-478 to r/title-16-CONSERVATION · 329 words · no verdicts yet
The Secretary must request and review information about each ivory-producing country’s African-elephant conservation program. The Secretary must publish whether each country meets five conservation and ivory-control criteria, with a limited possible delay for insufficient information.
(a) Within one month after October 7, 1988, the Secretary* must seek information about each ivory-producing country’s African-elephant conservation program by (1) publishing a Federal Register notice asking interested parties to submit information and (2) sending a written request through the Secretary of State to each country.
(b)(1) The Secretary must review each program and, within one year after October 7, 1988, issue and publish in the Federal Register whether the country meets all these criteria: (A) it is a CITES* party and follows the CITES Ivory Control System*; (B) its conservation program uses the best available information and it is quickly compiling information on habitat condition and carrying capacity, total population and trends, and annual reproduction and mortality; (C) elephant taking is effectively controlled and monitored; (D) its ivory quota* is based on the information in (B) and reflects ivory confiscated or used domestically; and (E) it has not authorized or allowed raw-ivory exports above its CITES quota. (2) If within that year the Secretary finds too little information to decide, the Secretary may delay the decision until no later than December 31, 1989, and must publish a statement explaining the delay when making the finding.
Within one month after October 7, 1988, the Secretary* shall issue a call for information on the African elephant* conservation program of each ivory producing country* by—
publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and
submitting a written request for such information through the Secretary of State to each ivory producing country.
The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria:
The country is a party to CITES* and adheres to the CITES Ivory Control System*.
The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country.
The taking of elephants in the country is effectively controlled and monitored.
The country’s ivory quota* is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country.
The country has not authorized or allowed the export of amounts of raw ivory* which exceed its ivory quota under the CITES Ivory Control System.
If the Secretary finds within one year after October 7, 1988, that there is insufficient information upon which to make the determination under paragraph (1), the Secretary may delay issuing the determination until no later than December 31, 1989. The Secretary shall issue and publish in the Federal Register at the time of the finding a statement explaining the reasons for any such delay.
Source credit: (Pub. L. 100–478, title II, § 2201, Oct. 7, 1988, 102 Stat. 2318.)
- 1988Enacted · Pub. L. 100-478 · 102 Stat. 2318
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-478 on 1988-10-07.
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