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16 U.S.C. § 4212 — Findings
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds the following:
(1) Elephant populations in Africa have declined at an alarming rate since the mid-1970’s.
(2) The large illegal trade in African elephant ivory is the major cause of this decline and threatens the continued existence of the African elephant.
(3) The African elephant is listed as threatened under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) and its continued existence will be further jeopardized if this decline is not reversed.
(4) Because African elephant ivory is indistinguishable from Asian elephant ivory, there is a need to ensure that the trade in African elephant ivory does not further endanger the Asian elephant, which is listed as endangered under section 4 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim)) and under Appendix I of CITES.
(5) In response to the significant illegal trade in African elephant ivory, the parties to CITES established the CITES Ivory Control System to curtail the illegal trade and to encourage African countries to manage, conserve, and protect their African elephant populations.
(6) The CITES Ivory Control System entered into force recently and should be allowed to continue in force for a reasonable period of time to assess its effectiveness in curtailing the illegal trade in African elephant ivory.
(7) Although some African countries have effective African elephant conservation programs, many do not have sufficient resources to properly manage, conserve, and protect their elephant populations.
(8) The United States, as a party to CITES and a large market for worked ivo
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Source location: Title 16, Chapter 62, § 4212; chapter-062-african-elephant-conservation.md
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The Congress finds the following:
(1) Elephant populations in Africa have declined at an alarming rate since the mid-1970’s.
(2) The large illegal trade in African elephant ivory is the major cause of this decline and threatens the continued existence of the African elephant.
(3) The African elephant is listed as threatened under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) and its continued existence will be further jeopardized if this decline is not reversed.
(4) Because African elephant ivory is indistinguishable from Asian elephant ivory, there is a need to ensure that the trade in African elephant ivory does not further endanger the Asian elephant, which is listed as endangered under section 4 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim)) and under Appendix I of CITES.
(5) In response to the significant illegal trade in African elephant ivory, the parties to CITES established the CITES Ivory Control System to curtail the illegal trade and to encourage African countries to manage, conserve, and protect their African elephant populations.
(6) The CITES Ivory Control System entered into force recently and should be allowed to continue in force for a reasonable period of time to assess its effectiveness in curtailing the illegal trade in African elephant ivory.
(7) Although some African countries have effective African elephant conservation programs, many do not have sufficient resources to properly manage, conserve, and protect their elephant populations.
(8) The United States, as a party to CITES and a large market for worked ivory, shares responsibility for supporting and implementing measures to stop the illegal trade in African elephant ivory and to provide for the conservation of the African elephant.
(9) There is no evidence that sport hunting is part of the poaching that contributes to the illegal trade in African elephant ivory, and there is evidence that the proper utilization of well-managed elephant populations provides an important source of funding for African elephant conservation programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally**
(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued existence.
(2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970—
(A) in any case in which the Secretary of Commerce determines that such species should—
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered species,
he shall so inform the Secretary of the Interior; who shall list such species in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that such species should—
(i) be removed from any list published pursuant to subsection (c) of this section, or
(ii) be changed in status from an endangered species to a threatened species,
he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement such action; and
(C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commer
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) the term “African elephant” means any animal of the species loxodonta africana;
(2) the term “CITES” means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora;
(3) the term “CITES Ivory Control System” means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory;
(4) the term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [[16 U.S.C. 4246](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4246&num=0&edition=prelim)];
(5) the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(6) the term “intermediary country” means a country that exports raw or worked ivory that does not originate in that country;
(7) the term “ivory producing country” means any African country within which is located any part of the range of a population of African elephants;
(8) the term “ivory quota” means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System;
(9) the term “personal effects” means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage;
(10) the term “raw ivory” means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved;
(11) the term “Secretary”
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 100–478, title II, § 2103, Oct. 7, 1988, 102 Stat. 2317, which required the Secretary of the Interior to submit an annual report to Congress regarding the African Elephant Conservation Fund formerly established by [section 4212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4212&num=0&edition=prelim) and the status of the African elephant, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under [section 1113 of Title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1113&num=0&edition=prelim), Money and Finance. See, also, page 107 of House Document No. 103–7.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
Page 1913
TITLE 16—CONSERVATION
§ 1533
(18) The term ‘‘State agency’’ means any
State agency, department, board, commission,
or other governmental entity which is respon-
sible for the management and conservation of
fish, plant, or wildlife resources within a
State.
(19) The term ‘‘take’’ means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such
conduct.
(20) The term ‘‘threatened species’’ means
any species which is likely to become an en-
dangered species within the foreseeable future
throughout all or a significant portion of its
range.
(21) The term ‘‘United States’’, when used in
a geographical context, includes all States.
(Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885; Pub.
L. 94–359, § 5, July 12, 1976, 90 Stat. 913; Pub. L.
95–632, § 2, Nov. 10, 1978, 92 Stat. 3751; Pub. L.
96–159, § 2, Dec. 28, 1979, 93 Stat. 1225; Pub. L.
97–304, § 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L.
100–478, title I, § 1001, Oct. 7, 1988, 102 Stat. 2306.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81
Stat. 884, known as the Endangered Species Act of 1973,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1531 of this title and
Tables.
Reorganization Plan Numbered 4 of 1970, referred to
in par. (15), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, which is set out in the Ap-
pendix to Title 5, Government Organization and Em-
ployees.
AMENDMENTS
1988—Par. (13). Pub. L. 100–478, § 1001(a), amended par.
(13) generally. Prior to amendment, par. (13) read as
follows: ‘
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Federal law — U.S. Code and appendices · legal_authorities
Page 2471
TITLE 16—CONSERVATION
§ 4213
tion, the CITES Secretariat, and any organiza-
tion or individual with experience in African
elephant conservation may submit to the Sec-
retary a project proposal under this section.
Each such proposal shall contain—
(1) the name of the person responsible for
conducting the project;
(2) a succinct statement of the need for and
purposes of the project;
(3) a description of the qualifications of the
individuals who will be conducting the project;
(4) an estimate of the funds and time re-
quired to complete the project;
(5) evidence of support of the project by gov-
ernmental entities of countries within which
the project will be conducted, if such support
may be important for the success of the
project; and
(6) any other information the Secretary con-
siders to be necessary or appropriate for evalu-
ating the eligibility of the project for funding
under this chapter.
(c) Project review and approval
The Secretary shall review each project pro-
posal to determine if it meets the criteria set
forth in subsection (d) and otherwise merits as-
sistance under this chapter. Not later than six
months after receiving a project proposal, and
subject to the availability of funds, the Sec-
retary shall approve or disapprove the proposal
and provide written notification to the person
who submitted the proposal.
(d) Criteria for approval
The Secretary may approve a project under
this section if the project will enhance programs
for African elephant research, conservation,
management, or protection by—
(1) developing in a usable form sound sci-
entific information on African elephant habi-
tat condition and carrying capacity, total ele-
phant numbers and population trends, or an-
nual reproduction and mortality; or
(2) as
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