16 U.S.C. § 7601 — Definitions

Page 2700 TITLE 16—CONSERVATION § 7507 § 7507. Funding There is authorized to be appropriated such sums as are necessary for fiscal years 2017, 2018, and 2019 for this chapter. (Pub. L. 114–113, div. O, title IX, § 908, Dec. 18, 2015, 129 Stat. 3034.) CHAPTER 95—ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING Sec. 7601. Definitions. SUBCHAPTER I—PURPOSES AND POLICY 7611. Purposes. 7612. Statement of United States policy. SUBCHAPTER II—REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES 7621. Report. SUBCHAPTER III—FRAMEWORK FOR INTERAGENCY RESPONSE 7631. Presidential Task Force on Wildlife Traf- ficking. SUBCHAPTER IV—PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS 7641. Anti-poaching programs. 7642. Anti-trafficking programs. 7643. Engagement of United States diplomatic mis- sions. 7644. Community conservation. § 7601. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Co-Chairs of the Task Force The term ‘‘Co-Chairs of the Task Force’’ means the Secretary of State, the Secretary of the Interior, and the Attorney General, as es- tablished pursuant to Executive Order 13648. (3) Community conservation The term ‘‘community conservation’’ means an approach to conservation involving local communities that recognizes the rights of local people to manage, or benefit directly and indirectly from wildlife and other natural re- sources in a long-term biologically viable manner and includes— (A) devolving management and governance to local communities to create positive con- ditions for resource use that takes into ac- count current and future ecological require- ments; and (B) building the capacity of communities for conservation and natural resource man- agement. (4) Country of concern The term ‘‘country of concern’’ means a for- eign country specially designated by the Sec- retary of State pursuant to section 7621(b) of this title as a major source of wildlife traf- ficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which— (A) the government has actively engaged in, or knowingly profited from, the traf- ficking of protected species; or (B) the government facilitates such traf- ficking through conduct that may include a persistent failure to make serious and sus- tained efforts to prevent and prosecute such trafficking. (5) Focus country The term ‘‘focus country’’ refers to a foreign country determined by the Secretary of State to be a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products. (6) Defense article; defense service; significant military equipment; training The terms ‘‘defense article’’, ‘‘defense serv- ice’’, ‘‘significant military equipment’’, and ‘‘training’’ have the meanings given such terms in section 2794 of title 22. (7) Implementation Plan The term ‘‘Implementation Plan’’ means the Implementation Plan for the National Strat- egy for Combating Wildlife Trafficking re- leased on February 11, 2015, a modification of that plan, or a successor plan. (8) National Strategy The term ‘‘National Strategy’’ means the National Strategy for Combating Wildlife Trafficking published on February 11, 2014, a modification of that strategy, or a successor strategy. (9) National wildlife services The term ‘‘national wildlife services’’ refers to the ministries and government bodies des- ignated to manage matters pertaining to wild- life management, including poaching or traf- ficking, in a focus country. (10) Security force The term ‘‘security force’’ means a military, law enforcement, gendarmerie, park ranger, or any other security force with a responsibility for protecting wildlife and natural habitats. (11) Task Force The term ‘‘Task Force’’ means the Presi- dential Task Force on Wildlife Trafficking, as established by Executive Order 13648 (78 Fed. Reg. 40621) and modified by section 7631 of this title. (12) Wildlife trafficking The term ‘‘wildlife trafficking’’ refers to the poaching or other illegal taking of protected or managed species and the illegal trade in wildlife and their related parts and products. (Pub. L. 114–231, § 2, Oct. 7, 2016, 130 Stat. 949; Pub. L. 117–263, div. E, title LIX, § 5943(b), Dec. 23, 2022, 136 Stat. 3470.) Page 2701 TITLE 16—CONSERVATION § 7612 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Dis- rupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Executive Order 13648, referred to in pars. (2) and (11), is Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, which is set out as a note under section 1531 of this title. AMENDMENTS 2022—Par. (3). Pub. L. 117–263, § 5943(b)(1), inserted ‘‘in- volving local communities’’ after ‘‘approach to con- servation’’ in introductory provisions. Par. (4). Pub. L. 117–263, § 5943(b)(2), amended par. (4) generally. Prior to amendment, text read as follows: ‘‘The term ‘country of concern’ refers to a foreign country specially designated by the Secretary of State pursuant to subsection (b) of section 7621 of this title as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which the government has actively engaged in or knowingly profited from the trafficking of endangered or threatened species.’’ Par. (11). Pub. L. 117–263, § 5943(b)(3), substituted ‘‘sec- tion 7631’’ for ‘‘section 7621’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–231, § 1(a), Oct. 7, 2016, 130 Stat. 949, pro- vided that: ‘‘This Act [enacting this chapter and amending section 1956 of Title 18, Crimes and Criminal Procedure, and section 1978 of Title 22, Foreign Rela- tions and Intercourse] may be cited as the ‘Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016’.’’ SUBCHAPTER I—PURPOSES AND POLICY § 7611. Purposes The purposes of this chapter are— (1) to support a collaborative, interagency approach to address wildlife trafficking; (2) to protect and conserve the remaining populations of wild elephants, rhinoceroses, and other species threatened by poaching and the illegal wildlife trade; (3) to disrupt regional and global transnational organized criminal networks and to prevent the illegal wildlife trade from being used as a source of financing for crimi- nal groups that undermine United States and global security interests; (4) to prevent wildlife poaching and traf- ficking from being a means to make a living in focus countries; (5) to support the efforts of, and collaborate with, individuals, communities, local organi- zations, and foreign governments to combat poaching and wildlife trafficking; (6) to assist focus countries in implementa- tion of national wildlife anti-trafficking and poaching laws; and (7) to ensure that United States assistance to prevent and suppress illicit wildlife traf- ficking is carefully planned and coordinated, and that it is systematically and rationally prioritized on the basis of detailed analysis of the nature and severity of threats to wildlife and the willingness and ability of foreign part- ners to cooperate effectively toward these ends. (Pub. L. 114–231, title I, § 101, Oct. 7, 2016, 130 Stat. 951.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, known as the Eliminate, Neutralize, and Dis- rupt Wildlife Trafficking Act of 2016, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under sec- tion 7601 of this title and Tables. § 7612. Statement of United States policy It is the policy of the United States— (1) to take immediate actions to stop the il- legal global trade in wildlife and wildlife prod- ucts and associated transnational organized crime; (2) to provide technical and other forms of assistance to help focus countries halt the poaching of elephants, rhinoceroses, and other imperiled species and end the illegal trade in wildlife and wildlife products, including by providing training and assistance in— (A) wildlife protection and management of wildlife populations; (B) anti-poaching and effective manage- ment of protected areas including commu- nity managed and privately-owned lands; (C) local engagement of security forces in anti-poaching responsibilities, where appro- priate; (D) wildlife trafficking investigative tech- niques, including forensic tools; (E) transparency and corruption issues; (F) management, tracking, and inventory of confiscated wildlife contraband; (G) demand reduction strategies in coun- tries that lack the means and resources to conduct them; and (H) bilateral and multilateral agreements and cooperation; (3) to employ appropriate assets and re- sources of the United States Government in a coordinated manner to curtail poaching and disrupt and dismantle illegal wildlife trade networks and the financing of those networks in a manner appropriate for each focus coun- try; (4) to build upon the National Strategy and Implementation Plan to further combat wild- life trafficking in a holistic manner and guide the response of the United States Government to ensure progress in the fight against wildlife trafficking; and (5) to recognize the ties of wildlife traf- ficking to broader forms of transnational or- ganized criminal activities, including traf- ficking, and where applicable, to focus on those crimes in a coordinated, cross-cutting manner. (Pub. L. 114–231, title I, § 102, Oct. 7, 2016, 130 Stat. 951.)