16 U.S.C. § 5301 — Findings

Page 2540 TITLE 16—CONSERVATION § 5301 Sec. 5302. Purposes. 5303. Definitions. 5304. Rhinoceros and tiger conservation assistance. 5305. Acceptance and use of donations. 5305a. Prohibition on sale, importation, or expor- tation of products labeled or advertised as rhinoceros or tiger products. 5305b. Educational outreach program. 5305c. Advisory group. 5306. Authorization of appropriations. § 5301. Findings The Congress finds the following: (1) The world’s rhinoceros population is de- clining at an alarming rate, a 90 percent de- cline 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, ex- cept the southern subspecies of white rhinoc- eros, are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 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 rhinoc- eros products (other than legally taken tro- phies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoc- eros products. (7) On September 7, 1993, under section 1978 of title 22 the Secretary certified that the Peo- ple’s Republic of China and Taiwan were en- gaged 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 Com- mittee 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 meas- ures, up to and including an immediate prohi- bition in trade in wildlife species. (9) On November 8, 1993, under section 1978 of title 22, the President announced that the United States would impose trade sanctions against China and Taiwan unless substantial progress was made by March 1994 towards end- ing trade in rhinoceros and tiger products. (10) On April 11, 1994, under section 1978 of title 22, the President— (A) directed that imports of wildlife speci- mens and products from Taiwan be prohib- ited, in response to Taiwan’s failure to un- dertake sufficient actions to stop illegal rhi- noceros and tiger trade; and (B) indicated that the certification of China would remain in effect and directed that additional monitoring of China’s progress be undertaken. (Pub. L. 103–391, § 2, Oct. 22, 1994, 108 Stat. 4094.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–112, § 1, Jan. 8, 2002, 115 Stat. 2097, provided that: ‘‘This Act [enacting section 5305c of this title and amending sections 4246, 5303 to 5305, and 5306 of this title] may be cited as the ‘Rhinoceros and Tiger Con- servation Reauthorization Act of 2001’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–312, title IV, § 401, Oct. 30, 1998, 112 Stat. 2959, provided that: ‘‘This title [enacting sections 5305a and 5305b of this title, amending sections 5302, 5303, and 5306 of this title, and enacting provisions set out as a note below] may be cited as the ‘Rhinoceros and Tiger Conservation Act of 1998’.’’ SHORT TITLE Pub. L. 103–391, § 1, Oct. 22, 1994, 108 Stat. 4094, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Rhinoceros and Tiger Conservation Act of 1994’.’’ CONGRESSIONAL FINDINGS Pub. L. 105–312, title IV, § 402, Oct. 30, 1998, 112 Stat. 2959, provided that: ‘‘Congress finds that— ‘‘(1) the populations of all but 1 species of rhinoc- eros, and the tiger, have significantly declined in re- cent years and continue to decline; ‘‘(2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appen- dix I of the Convention on International Trade in En- dangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this title as ‘CITES’); ‘‘(3) the Parties to CITES have adopted several res- olutions— ‘‘(A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to re- duce illegal trade in parts and products of the spe- cies; and ‘‘(B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recom- mending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; ‘‘(4) a primary cause of the decline in the popu- lations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; ‘‘(5) there are insufficient legal mechanisms ena- bling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and ‘‘(6) legislation is required to ensure that— ‘‘(A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and ‘‘(B) efforts are made to educate persons regard- ing alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger Page 2541 TITLE 16—CONSERVATION § 5304 1 So in original. parts, and the need to conserve rhinoceros and tiger species generally.’’ § 5302. Purposes The purposes of this chapter are the following: (1) To assist in the conservation of rhinoc- eros and tigers by supporting the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger popu- lations, and the CITES Secretariat. (2) To provide financial resources for those programs. (3) To prohibit the sale, importation, and ex- portation of products intended for human con- sumption or application containing, or labeled or advertised as containing, any substance de- rived from any species of rhinoceros or tiger. (Pub. L. 103–391, § 3, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 403, Oct. 30, 1998, 112 Stat. 2959.) Editorial Notes AMENDMENTS 1998—Par. (3). Pub. L. 105–312 added par. (3). § 5303. Definitions In this chapter— (1) ‘‘CITES’’ means the Convention on Inter- national Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices; (2) ‘‘conservation’’ means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific re- source management, such as research, census, law enforcement, habitat protection, acquisi- tion, and management, propagation, live trap- ping, and transportation; (3) ‘‘Fund’’ means the the 1 account estab- lished by division A, section 101(e), title I of Public Law 105–277 under the heading ‘‘MULTI- NATIONAL SPECIES CONSERVATION FUND’’ [16 U.S.C. 4246]; (4) ‘‘Secretary’’ means the Secretary of the Interior; (5) ‘‘Administrator’’ means the Adminis- trator of the Agency for International Devel- opment; and (6) ‘‘person’’ means— (A) an individual, corporation, partner- ship, trust, association, or other private en- tity; (B) an officer, employee, agent, depart- ment, or instrumentality of— (i) the Federal Government; (ii) any State, municipality, or political subdivision of a State; or (iii) any foreign government; (C) a State, municipality, or political sub- division of a State; or (D) any other entity subject to the juris- diction of the United States. (Pub. L. 103–391, § 4, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 404, Oct. 30, 1998, 112 Stat. 2960; Pub. L. 107–112, § 6(a)(1), Jan. 8, 2002, 115 Stat. 2098.) Editorial Notes REFERENCES IN TEXT Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading ‘‘MULTINATIONAL SPECIES CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title. AMENDMENTS 2002—Par. (3). Pub. L. 107–112 substituted ‘‘the ac- count established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘MULTINATIONAL SPECIES CONSERVATION FUND’ ’’ for ‘‘Rhinoceros and Tiger Conservation Fund established under section 5305(a) of this title’’. 1998—Par. (6). Pub. L. 105–312 added par. (6). § 5304. Rhinoceros and tiger conservation assist- ance (a) In general The Secretary, subject to the availability of appropriations and in consultation with the Ad- ministrator, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. (b) Project proposal A country whose activities directly or indi- rectly affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall— (1) name the individual responsible for con- ducting the project; (2) state the purposes of the project suc- cinctly; (3) describe the qualifications of the individ- uals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide evidence of support of the project by appropriate governmental entities of coun- tries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and (6) provide any other information the Sec- retary considers to be necessary for evaluating the eligibility of the project for funding under this chapter. (c) Project review and approval Within 30 days of receiving a final project pro- posal, the Secretary shall provide a copy of the proposal to the Administrator. The Secretary shall review each final project proposal to deter- mine if it meets the criteria set forth in sub- section (d). Not later than 6 months after receiv- ing a final project proposal, and subject to the availability of funds, the Secretary, after con- sulting with the Administrator, shall approve or disapprove the proposal and provide written no- tification to the person who submitted the pro- posal and to the Administrator. (d) Criteria for approval The Secretary may approve a project under this section if the project will enhance programs