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16 U.S.C. § 4211 — Statement of purpose

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4211 — Statement of purpose

The purpose of this chapter is to perpetuate healthy populations of African elephants.

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Stable record: federal_law:legal_authorities:record_usc_a4cae0fd1de250b7a05d7ba6
Source file: Laws/federal/codes/united-states-code/title-16/section-4211-statement-of-purpose--c9e0cf1694.md
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Source location: Title 16, Chapter 62, § 4211; chapter-062-african-elephant-conservation.md

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The purpose of this chapter is to perpetuate healthy populations of African elephants.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6301 — Findings and purposes

**(a) Findings** Congress finds that— (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, orangutan, and gibbon are listed as endangered species under [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, live capture, and exposure to emerging or introduced diseases; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; (7) although subsistence hunting of tropical forest animals has occurred for hundreds of years at a sustainable level, the tremendous increase in the commercial trade of tropical forest species is detrimental to the future of these species; and (8) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1538 — Prohibited acts

**(a) Generally** (1) Except as provided in sections 1535(g)(2) and 1539 of this title, with respect to any endangered species of fish or wildlife listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) it is unlawful for any person subject to the jurisdiction of the United States to— (A) import any such species into, or export any such species from the United States; (B) take any such species within the United States or the territorial sea of the United States; (C) take any such species upon the high seas; (D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of subparagraphs (B) and (C); (E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species; (F) sell or offer for sale in interstate or foreign commerce any such species; or (G) violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) and promulgated by the Secretary pursuant to authority provided by this chapter. (2) Except as provided in sections 1535(g)(2) and 1539 of this title, with respect to any endangered species of plants listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), it is unlawful for any person subject to the jurisdiction of the United States to— (A) import any such species into, or export any such species from, the United St

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4243 — Rewards

**(a) In general** Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this chapter. **(b) Amount** The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less. **(c) Limitation on eligibility** An officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties shall not be eligible for a reward under this section.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4201 — Definitions

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

16 U.S.C. § 6601 — Findings and purposes

**(a) Findings** The Congress finds that— (1) marine turtle populations have declined to the point that the long-term survival of the loggerhead, green, hawksbill, Kemp’s ridley, olive ridley, and leatherback turtle in the wild is in serious jeopardy; (2) 6 of the 7 recognized species of marine turtles are listed as threatened or endangered species 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 all 7 species have been included in Appendix I of CITES; (3) because marine turtles are long-lived, late-maturing, and highly migratory, marine turtles are particularly vulnerable to the impacts of human exploitation and habitat loss; (4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill turtle; (5) the challenges facing marine turtles are immense, and the resources available have not been sufficient to cope with the continued loss of nesting habitats caused by human activities and the consequent diminution of marine turtle populations; (6) because marine turtles are flagship species for the ecosystems in which marine turtles are found, sustaining healthy populations of marine turtles provides benefits to many other species of wildlife, including many other threatened or endangered species; (7) marine turtles are important components of the ecosystems that they inhabit, and studies of wild populations of marine turtles have provided important biological insights; (8) changes in marine turtle populations are most reliably indicated by changes in the numbers of nests and nesting females; and (9) the reduction, removal, or other effective addressing of the threats to the long

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5301 — Findings

The Congress finds the following: (1) The world’s rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. (2) All 5 subspecies of tiger are currently threatened with extinction in the wild, with approximately 5,000 to 6,000 tigers remaining worldwide. (3) All rhinoceros species have been listed on Appendix I of CITES since 1977. (4) All tiger subspecies have been listed on Appendix I of CITES since 1987. (5) The tiger and all rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species 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.). (6) In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. (7) On September 7, 1993, under [section 1978 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0&edition=prelim) the Secretary certified that the People’s Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. (8) On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn and tiger parts, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. (9) On November 8, 1993, under [

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4261 — Findings

The Congress finds the following: (1) Asian elephant populations in nations within the range of Asian elephants have continued to decline to the point that the long-term survival of the species in the wild is in serious jeopardy. (2) The Asian elephant is listed as an endangered species under [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) and under appendix I of the Convention on International Trade of Endangered Species of Wild Fauna and Flora. (3) Because the challenges facing the conservation of Asian elephants are so great, resources to date have not been sufficient to cope with the continued loss of habitat and the consequent diminution of Asian elephant populations. (4) The Asian elephant is a flagship species for the conservation of tropical forest habitats in which it is found and provides the consequent benefit from such conservation to numerous other species of wildlife including many other endangered species. (5) Among the threats to the Asian elephant in addition to habitat loss are population fragmentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication. (6) To reduce, remove, or otherwise effectively address these threats to the long-term viability of populations of Asian elephants in the wild will require the joint commitment and effort of nations within the range of Asian elephants, the United States and other countries, and the private sector.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4245 — Certification under Pelly amendment

If the Secretary finds in administering this chapter that a country does not adhere to the CITES Ivory Control System, that country is deemed, for purposes of [section 1978(a)(2) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978/a/2&num=0&edition=prelim), to be diminishing the effectiveness of an international program for endangered or threatened species.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4214 — Provision of assistance

**(a) In general** The Secretary may provide financial assistance under this subchapter from the Fund for approved projects for research, conservation, management, or protection of African elephants. **(b) Project proposal** Any African government agency responsible for African elephant conservation and protection, the CITES Secretariat, and any organization or individual with experience in African elephant conservation may submit to the Secretary 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 required to complete the project; (5) evidence of support of the project by governmental 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 considers to be necessary or appropriate for evaluating the eligibility of the project for funding under this chapter. **(c) Project review and approval** The Secretary shall review each project proposal to determine if it meets the criteria set forth in subsection (d) and otherwise merits assistance under this chapter. Not later than six months after receiving a project proposal, and subject to the availability of funds, the Secretary 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, managemen

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4203 — Multinational Species Conservation Fund

In fiscal year 1999 and thereafter, donations to provide assistance under [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5304&num=0&edition=prelim), part I of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim) et seq.), and [section 4264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4264&num=0&edition=prelim) shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act ([16 U.S.C. 4224](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4224&num=0&edition=prelim)) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act ([16 U.S.C. 4225](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4225&num=0&edition=prelim)) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim)) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.

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