16 U.S.C. § 4222 — Moratoria

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. Page 2473 TITLE 16—CONSERVATION § 4224 (b) Intermediary countries The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Con- trol System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a coun- try that is not a party to CITES; (5) imports raw or worked ivory that origi- nates in an ivory producing country in viola- tion of the laws of that ivory producing coun- try; (6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or (7) imports raw or worked ivory from a coun- try that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that mor- atorium and is accompanied by shipping docu- ments which show that it was exported before the establishment of the moratorium. (c) Suspension of moratorium The Secretary shall suspend a moratorium es- tablished under this section if, after notice and public comment, the Secretary determines that the reasons for establishing the moratorium no longer exist. (d) Petition (1) In general Any person may at any time submit a peti- tion in writing requesting that the Secretary establish or suspend a moratorium under this section. Such a petition shall include such substantial information as may be necessary to demonstrate the need for the action re- quested by the petition. (2) Consideration and ruling The Secretary shall publish a notice of re- ceipt of a petition under this subsection in the Federal Register and shall provide an oppor- tunity for the public to comment on the peti- tion. The Secretary shall rule on such petition not later than 90 days after the close of the public comment period. (e) Sport-hunted trophies Individuals may import sport-hunted elephant trophies that they have legally taken in an ivory producing country that has submitted an ivory quota. The Secretary shall not establish any moratorium under this section, pursuant to a petition or otherwise, which prohibits the im- portation into the United States of sport-hunted trophies from elephants that are legally taken by the importer or the importer’s principal in an ivory producing country that has submitted an ivory quota. (f) Confiscated ivory Trade in raw or worked ivory that is con- fiscated by an ivory producing country or an intermediary country and is disposed of pursu- ant to the CITES Ivory Control System shall not be the sole cause for the establishment of a moratorium under this subchapter if all pro- ceeds from the disposal of the confiscated ivory are used solely to enhance wildlife conservation programs or conservation purposes of CITES. With respect to any country that was not a party to CITES at the time of such confiscation, this subsection shall not apply until such coun- try develops appropriate measures to assure that persons with a history of illegal dealings in ivory shall not benefit from the disposal of con- fiscated ivory. (Pub. L. 100–478, title II, § 2202, Oct. 7, 1988, 102 Stat. 2318.) § 4223. Prohibited acts Except as provided in section 4222(e) of this title, it is unlawful for any person— (1) to import raw ivory from any country other than an ivory producing country; (2) to export raw ivory from the United States; (3) to import raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System; (4) to import worked ivory, other than per- sonal effects, from any country unless that country has certified that such ivory was de- rived from legal sources; or (5) to import raw or worked ivory from a country for which a moratorium is in effect under section 4222 of this title. (Pub. L. 100–478, title II, § 2203, Oct. 7, 1988, 102 Stat. 2320.) § 4224. Penalties and enforcement (a) Criminal violations Whoever knowingly violates section 4223 of this title shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both. (b) Civil violations Whoever violates section 4223 of this title may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. (c) Procedures for assessment of civil penalty Proceedings for the assessment of a civil pen- alty under this section shall be conducted in ac- cordance with the procedures provided for in section 1540(a) of this title. (d) Use of penalties Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 4225 of this title and, to the extent not used to pay such rewards, shall be deposited by the Sec- retary of the Treasury into the Fund. (e) Enforcement The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under section 1540(e) of this title. Section 1540(c) of this title