16 U.S.C. § 4221 — Review of African elephant conservation

Page 2472 TITLE 16—CONSERVATION § 4214 1 So in original. Probably should not be capitalized. § 4214. Advisory group (a) In general To assist in carrying out this chapter, the Sec- retary may convene an advisory group con- sisting of individuals representing public and private organizations actively involved in the conservation of African elephants. (b) Public participation (1) Meetings The Advisory Group 1 shall— (A) ensure that each meeting of the advi- sory group is open to the public; and (B) provide, at each meeting, an oppor- tunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the ad- visory group. (Pub. L. 100–478, title II, § 2104, as added Pub. L. 107–111, § 4, Jan. 8, 2002, 115 Stat. 2095; amended Pub. L. 107–141, § 5(b)(2)(A), Feb. 12, 2002, 116 Stat. 14; Pub. L. 117–286, § 4(a)(120), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2002—Subsec. (a). Pub. L. 107–141 made technical amendment to reference in original act which appears in text as reference to this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, pro- vided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002. SUBCHAPTER II—MORATORIA AND PROHIBITED ACTS § 4221. Review of African elephant conservation programs (a) In general 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— (1) publishing a notice in the Federal Reg- ister requesting submission of such informa- tion to the Secretary by all interested parties; and (2) submitting a written request for such in- formation through the Secretary of State to each ivory producing country. (b) Review and determination (1) In general The Secretary shall review the African ele- phant conservation program of each ivory pro- ducing 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 fol- lowing criteria: (A) The country is a party to CITES and adheres to the CITES Ivory Control System. (B) The country’s elephant conservation program is based on the best available infor- mation, and the country is making expedi- tious 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. (C) The taking of elephants in the country is effectively controlled and monitored. (D) The country’s ivory quota is deter- mined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or con- sumed domestically by the country. (E) The country has not authorized or al- lowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System. (2) Delay in issuing determination If the Secretary finds within one year after October 7, 1988, that there is insufficient infor- mation 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. (Pub. L. 100–478, title II, § 2201, Oct. 7, 1988, 102 Stat. 2318.) § 4222. Moratoria (a) Ivory producing countries (1) In general The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the coun- try does not meet all the criteria set forth in section 4221(b)(1) of this title. (2) Later establishment With regard to any ivory producing country for which the Secretary has insufficient infor- mation to make a determination pursuant to section 4221(b) of this title, the Secretary shall establish a moratorium on the importation of raw and worked ivory from such country not later than January 1, 1990, unless, based on new information, the Secretary concludes be- fore that date that the country meets all of the criteria set forth in section 4221(b)(1) of this title.