16 U.S.C. § 7641 — Anti-poaching programs

Page 2703 TITLE 16—CONSERVATION § 7641 1 So in original. Probably should be followed by a period. digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental orga- nizations, including social media, e-commerce, and search engine companies, as appropriate; (7)(A) implement interventions to address the drivers of poaching, trafficking, and de- mand for illegal wildlife and wildlife products in focus countries and countries of concern; (B) set benchmarks for measuring the effec- tiveness of such interventions; and (C) consider alignment and coordination with indicators developed by the Task Force; (8) consider additional opportunities to in- crease coordination between law enforcement and financial institutions to identify traf- ficking activity; and (9) coordinate or carry out other functions as are necessary to implement this chapter. (b) Duplication and efficiency The Task Force shall— (1) ensure that the activities of the Federal agencies involved in carrying out efforts under this chapter are coordinated and not dupli- cated; and (2) encourage efficiencies and coordination among the efforts of Federal agencies and interagency initiatives ongoing as of October 7, 2016, to address trafficking activities, in- cluding trafficking of wildlife, humans, weap- ons, and narcotics, illegal trade, transnational organized crime, or other illegal activities. (c) Consistency with agency responsibilities The Task Force shall carry out its responsibil- ities under this chapter in a manner consistent with the authorities and responsibilities of agencies represented on the Task Force. (d) Task Force strategic review One year after October 7, 2016, and biennially thereafter, the Task Force shall submit a stra- tegic assessment of its work and provide a brief- ing to the appropriate congressional committees that shall include— (1) a review and assessment of the Task Force’s implementation of this chapter, iden- tifying successes, failures, and gaps in its work, or that of agencies represented on the Task Force, including detailed descriptions of— (A) what approaches, initiatives, or pro- grams have succeeded best in increasing the willingness and capacity of focus countries to suppress and prevent illegal wildlife traf- ficking, and what approaches, initiatives, or programs have not succeeded as well as hoped; and (B) which foreign governments subject to subsections (a) and (b) of section 7621 of this title have proven to be the most successful partners in suppressing and preventing ille- gal wildlife trafficking, which focus coun- tries have not proven to be so, and what fac- tors contributed to these results in each country discussed; (2) a description of each Task Force member agency’s priorities and objectives for com- bating wildlife trafficking; (3) an account of total United States funding each year since fiscal year 2014 for all govern- ment agencies and programs involved in coun- tering poaching and wildlife trafficking; (4) an account of total United States funding since fiscal year 2014 to support the activities of the Task Force, including administrative overhead costs and congressional reporting; (5) recommendations for how to improve United States and international efforts to sup- press and prevent illegal wildlife trafficking in the future, based upon the Task Force’s expe- rience as of the time of the review; and (6) an analysis of the indicators developed by the Task Force, and recommended by the Gov- ernment Accountability Office, to track and measure inputs, outputs, law enforcement out- comes, and the market for wildlife products for each focus country listed in the report, in- cluding baseline measures, as appropriate, for each indicator in each focus country to deter- mine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjust- ments to indicators, may be necessary for focus countries. (e) Termination of Task Force The statutory authorization for the Task Force provided by this chapter shall terminate on September 30, 2028 1 (Pub. L. 114–231, title III, § 301, Oct. 7, 2016, 130 Stat. 952; Pub. L. 117–263, div. E, title LIX, § 5943(c)(2), (3), Dec. 23, 2022, 136 Stat. 3471.) Editorial Notes REFERENCES IN TEXT Executive Order 13648, referred to in subsec. (a), 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. 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. AMENDMENTS 2022—Subsec. (a)(5) to (9). Pub. L. 117–263, § 5943(c)(2), added pars. (5) to (8) and redesignated former par. (5) as (9). Subsec. (d). Pub. L. 117–263, § 5943(c)(3)(A)(i), sub- stituted ‘‘biennially’’ for ‘‘annually’’ in introductory provisions. Subsec. (d)(6). Pub. L. 117–263, § 5943(c)(3)(A)(ii)–(iv), added par. (6). Subsec. (e). Pub. L. 117–263, § 5943(c)(3)(B), substituted ‘‘on September 30, 2028’’ for ‘‘5 years after October 7, 2016, or such earlier date that the President terminates the Task Force by rescinding, superseding, or otherwise modifying relevant portions of Executive Order 13648.’’ SUBCHAPTER IV—PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAF- FICKING CRISIS § 7641. Anti-poaching programs (a) Wildlife law enforcement professional train- ing and coordination activities The Secretary of State and the Administrator of the United States Agency for International Page 2704 TITLE 16—CONSERVATION § 7642 Development, in collaboration with the heads of other relevant United States agencies and non- governmental partners where appropriate, may provide assistance to focus countries to carry out the recommendations made in the strategic plan required by section 7631(a)(2) of this title, among other goals, to improve the effectiveness of wildlife law enforcement in regions and coun- tries that have demonstrated capacity, willing- ness, and need for assistance. (b) Sense of Congress regarding security assist- ance to counter wildlife trafficking and poaching in Africa It is the sense of Congress that the United States should continue to provide defense arti- cles (not including significant military equip- ment), defense services, and related training to appropriate security forces of countries of Afri- ca for the purposes of countering wildlife traf- ficking and poaching. (Pub. L. 114–231, title IV, § 401, Oct. 7, 2016, 130 Stat. 954.) § 7642. Anti-trafficking programs (a) Investigative capacity building The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and com- munities, regions, and governments in focus countries, may design and implement programs in focus countries to carry out the recommenda- tions made in the strategic plan required under section 7631(a)(2) of this title among other goals, with clear and measurable targets and indica- tors of success, to increase the capacity of wild- life law enforcement and customs and border se- curity officers in focus countries. (b) Transnational programs The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with other rel- evant United States agencies, nongovernmental partners, and international bodies, and in col- laboration with communities, regions, and gov- ernments in focus countries, may design and im- plement programs, including support for Wild- life Enforcement Networks, in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title, among other goals, to better under- stand and combat the transnational trade in il- legal wildlife. (Pub. L. 114–231, title IV, § 402, Oct. 7, 2016, 130 Stat. 954.) § 7643. Engagement of United States diplomatic missions As soon as practicable but not later than 2 years after October 7, 2016, each chief of mission to a focus country should begin to implement the recommendations contained in the strategic plan required under section 7631(a)(2) of this title, among other goals, for the country. (Pub. L. 114–231, title IV, § 403, Oct. 7, 2016, 130 Stat. 955.) § 7644. Community conservation The Secretary of State, in collaboration with the United State Agency for International De- velopment, heads of other relevant United States agencies, the private sector, nongovern- mental organizations, and other development partners, may provide support in focus countries to carry out the recommendations made in the strategic plan required under section 7631(a)(2) of this title as such recommendations relate to the development, scaling, and replication of community wildlife conservancies and commu- nity conservation programs in focus countries to assist with rural stability and greater secu- rity for people and wildlife, empower and sup- port communities to manage or benefit from their wildlife resources in a long-term bio- logically viable manner, and reduce the threat of poaching and trafficking, including through— (1) promoting conservation-based enterprises and incentives, such as eco-tourism and stew- ardship-oriented agricultural production, that empower communities to manage wildlife, natural resources, and community ventures where appropriate, by ensuring they benefit from well-managed wildlife populations; (2) helping create alternative livelihoods to poaching by mitigating wildlife trafficking, helping support rural stability, greater secu- rity for people and wildlife, responsible eco- nomic development, and economic incentives to conserve wildlife populations; (3) engaging regional businesses and the pri- vate sector to develop goods and services to aid in anti-poaching and anti-trafficking measures; (4) working with communities to develop se- cure and safe methods of sharing information with enforcement officials; (5) providing technical assistance to support land use stewardship plans to improve the eco- nomic, environmental, and social outcomes in community-owned or -managed lands; (6) supporting community anti-poaching ef- forts, including policing and informant net- works; (7) working with community and national governments to develop relevant policy and regulatory frameworks to enable and promote community conservation programs, including supporting law enforcement engagement with wildlife protection authorities to promote in- formation-sharing; and (8) working with national governments to ensure that communities have timely and ef- fective support from national authorities to mitigate risks that communities may face when engaging in anti-poaching and anti-traf- ficking activities. (Pub. L. 114–231, title IV, § 404, Oct. 7, 2016, 130 Stat. 955.) CHAPTER 96—NORTH PACIFIC FISHERIES CONVENTION Sec. 7701. Definitions. 7702. United States participation in the North Pa- cific Fisheries Convention. 7703. Authority and responsibility of the Secretary of State.