US (United States) Code. Title 16. Chapter 62: African elephant

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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publicidad

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16 USC CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

.

-HEAD-

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

-MISC1-

Sec.

4201. Statement of purpose.

4202. Findings.

4203. Statement of policy.

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

4211. Provision of assistance.

(a) In general.

(b) Project proposal.

(c) Project review and approval.

(d) Criteria for approval.

(e) Project sustainability.

(f) Project reporting.

4212. Acceptance and use of donations.

4213. Omitted.

4214. Advisory group.

(a) In general.

(b) Public participation.

(c) Exemption from Federal Advisory Committee Act.

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

4221. Review of African elephant conservation programs.

(a) In general.

(b) Review and determination.

4222. Moratoria.

(a) Ivory producing countries.

(b) Intermediary countries.

(c) Suspension of moratorium.

(d) Petition.

(e) Sport-hunted trophies.

(f) Confiscated ivory.

4223. Prohibited acts.

4224. Penalties and enforcement.

(a) Criminal violations.

(b) Civil violations.

(c) Procedures for assessment of civil penalty.

(d) Use of penalties.

(e) Enforcement.

4225. Rewards.

(a) In general.

(b) Amount.

(c) Limitation on eligibility.

SUBCHAPTER III - MISCELLANEOUS

4241. Relationship to Endangered Species Act of 1973.

4242. Certification under Pelly amendment.

4243. Repealed.

4244. Definitions.

4245. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

4246. Multinational Species Conservation Fund.

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16 USC Sec. 4201 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

-HEAD-

Sec. 4201. Statement of purpose

-STATUTE-

The purpose of this chapter is to perpetuate healthy populations

of African elephants.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2002, Oct. 7, 1988, 102 Stat.

2315.)

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-111, Sec. 1, Jan. 8, 2002, 115 Stat. 2095, provided

that: ''This Act (enacting section 4214 of this title, amending

sections 4211, 4212, and 4244 to 4246 of this title, and repealing

section 4243 of this title) may be cited as the 'African Elephant

Conservation Reauthorization Act of 2001'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-217, Sec. 1, Aug. 5, 1998, 112 Stat. 911, provided

that: ''This Act (amending section 4245 of this title) may be cited

as the 'African Elephant Conservation Reauthorization Act of

1998'.''

SHORT TITLE

Section 2001 of title II of Pub. L. 100-478 provided that: ''This

title (enacting this chapter and amending section 1538 of this

title) may be cited as the 'African Elephant Conservation Act'.''

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16 USC Sec. 4202 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

-HEAD-

Sec. 4202. Findings

-STATUTE-

The Congress finds the following:

(1) Elephant populations in Africa have declined at an alarming

rate since the mid-1970's.

(2) The large illegal trade in African elephant ivory is the

major cause of this decline and threatens the continued existence

of the African elephant.

(3) The African elephant is listed as threatened under the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and its

continued existence will be further jeopardized if this decline

is not reversed.

(4) Because African elephant ivory is indistinguishable from

Asian elephant ivory, there is a need to ensure that the trade in

African elephant ivory does not further endanger the Asian

elephant, which is listed as endangered under section 4 of the

Endangered Species Act of 1973 (16 U.S.C. 1533) and under

Appendix I of CITES.

(5) In response to the significant illegal trade in African

elephant ivory, the parties to CITES established the CITES Ivory

Control System to curtail the illegal trade and to encourage

African countries to manage, conserve, and protect their African

elephant populations.

(6) The CITES Ivory Control System entered into force recently

and should be allowed to continue in force for a reasonable

period of time to assess its effectiveness in curtailing the

illegal trade in African elephant ivory.

(7) Although some African countries have effective African

elephant conservation programs, many do not have sufficient

resources to properly manage, conserve, and protect their

elephant populations.

(8) The United States, as a party to CITES and a large market

for worked ivory, shares responsibility for supporting and

implementing measures to stop the illegal trade in African

elephant ivory and to provide for the conservation of the African

elephant.

(9) There is no evidence that sport hunting is part of the

poaching that contributes to the illegal trade in African

elephant ivory, and there is evidence that the proper utilization

of well-managed elephant populations provides an important source

of funding for African elephant conservation programs.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2003, Oct. 7, 1988, 102 Stat.

2315.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in par. (3), is

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 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.

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16 USC Sec. 4203 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

-HEAD-

Sec. 4203. Statement of policy

-STATUTE-

It is the policy of the United States -

(1) to assist in the conservation and protection of the African

elephant by supporting the conservation programs of African

countries and the CITES Secretariat; and

(2) to provide financial resources for those programs.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2004, Oct. 7, 1988, 102 Stat.

2316.)

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16 USC SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION

ASSISTANCE 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

.

-HEAD-

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4246 of this title.

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16 USC Sec. 4211 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

-HEAD-

Sec. 4211. Provision of assistance

-STATUTE-

(a) In general

The Secretary may provide financial assistance under this

subchapter from the Fund for approved projects for research,

conservation, management, or protection of African elephants.

(b) Project proposal

Any African government agency responsible for African elephant

conservation and protection, the CITES Secretariat, and any

organization or individual with experience in African elephant

conservation may submit to the Secretary a project proposal under

this section. Each such proposal shall contain -

(1) the name of the person responsible for conducting the

project;

(2) a succinct statement of the need for and purposes of the

project;

(3) a description of the qualifications of the individuals who

will be conducting the project;

(4) an estimate of the funds and time required to complete the

project;

(5) evidence of support of the project by governmental entities

of countries within which the project will be conducted, if such

support may be important for the success of the project; and

(6) any other information the Secretary considers to be

necessary or appropriate for evaluating the eligibility of the

project for funding under this chapter.

(c) Project review and approval

The Secretary shall review each project proposal to determine if

it meets the criteria set forth in subsection (d) of this section

and otherwise merits assistance under this chapter. Not later than

six months after receiving a project proposal, and subject to the

availability of funds, the Secretary shall approve or disapprove

the proposal and provide written notification to the person who

submitted the proposal and to each country within which the project

is proposed to be conducted.

(d) Criteria for approval

The Secretary may approve a project under this section if the

project will enhance programs for African elephant research,

conservation, management, or protection by -

(1) developing in a usable form sound scientific information on

African elephant habitat condition and carrying capacity, total

elephant numbers and population trends, or annual reproduction

and mortality; or

(2) assisting efforts -

(A) to ensure that any taking of African elephants in the

country is effectively controlled and monitored;

(B) to implement conservation programs to provide for

healthy, sustainable African elephant populations; or

(C) to enhance compliance with the CITES Ivory Control

System.

(e) Project sustainability

To the maximum extent practical, in determining whether to

approve project proposals under this section, the Secretary shall

give consideration to projects that will enhance sustainable

conservation programs to ensure effective long-term conservation of

African elephants.

(f) Project reporting

Each entity that receives assistance under this section shall

provide such periodic reports to the Director of the United States

Fish and Wildlife Service as the Director considers relevant and

appropriate. Each report shall include all information requested

by the Director for evaluating the progress and success of the

project.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2101, Oct. 7, 1988, 102 Stat.

2316; Pub. L. 107-111, Sec. 5, 6(a)(1), Jan. 8, 2002, 115 Stat.

2096.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-111, Sec. 6(a)(1), struck out

''African Elephant Conservation'' before ''Fund''.

Subsecs. (e), (f). Pub. L. 107-111, Sec. 5, added subsec. (e) and

redesignated former subsec. (e) as (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4246 of this title.

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16 USC Sec. 4212 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

-HEAD-

Sec. 4212. Acceptance and use of donations

-STATUTE-

The Secretary may accept and use donations of funds to provide

assistance under this subchapter. Amounts received by the

Secretary in the form of such donations shall be transferred by the

Secretary to the Secretary of the Treasury for deposit into the

Fund.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2102, Oct. 7, 1988, 102 Stat.

2317; Pub. L. 107-111, Sec. 6(a)(2), Jan. 8, 2002, 115 Stat. 2096.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-111 redesignated heading and text of subsec.

(d) as entire section and struck out former section catchline and

headings and text of subsecs. (a) to (c). Prior to amendment, text

of subsecs. (a) to (c) related to establishment in the Treasury of

the African Elephant Conservation Fund, consisting of deposits by

the Secretary of the Treasury of unused funds from penalties under

section 4224 of this title, donations under this section, and

appropriations, to be used to provide assistance under this

subchapter, with not more than three percent of appropriated funds

per fiscal year used to administer the Fund.

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16 USC Sec. 4213 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

-HEAD-

Sec. 4213. Omitted

-COD-

CODIFICATION

Section, Pub. L. 100-478, title II, Sec. 2103, Oct. 7, 1988, 102

Stat. 2317, which required the Secretary of the Interior to submit

an annual report to Congress regarding the African Elephant

Conservation Fund formerly established by section 4212 of this

title and the status of the African elephant, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 107 of House Document No. 103-7.

-CITE-

16 USC Sec. 4214 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER I - AFRICAN ELEPHANT CONSERVATION ASSISTANCE

-HEAD-

Sec. 4214. Advisory group

-STATUTE-

(a) In general

To assist in carrying out this chapter, the Secretary may convene

an advisory group consisting of individuals representing public and

private organizations actively involved in the conservation of

African elephants.

(b) Public participation

(1) Meetings

The Advisory Group (FOOTNOTE 1) shall -

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(A) ensure that each meeting of the advisory group is open to

the public; and

(B) provide, at each meeting, an opportunity 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 Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the advisory group.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2104, as added Pub. L. 107-111,

Sec. 4, Jan. 8, 2002, 115 Stat. 2095; amended Pub. L. 107-141, Sec.

5(b)(2)(A), Feb. 12, 2002, 116 Stat. 14.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-141 made technical amendment to

reference in original act which appears in text as reference to

this chapter.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-141, Sec. 5(b)(2), Feb. 12, 2002, 116 Stat. 14,

provided that the amendment by section 5(b)(2) of Pub. L. 107-141

is effective on the day after Jan. 8, 2002.

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16 USC SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

.

-HEAD-

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

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16 USC Sec. 4221 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

-HEAD-

Sec. 4221. Review of African elephant conservation programs

-STATUTE-

(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 Register requesting

submission of such information to the Secretary by all interested

parties; and

(2) submitting a written request for such information through

the Secretary of State to each ivory producing country.

(b) Review and determination

(1) In general

The Secretary shall review the African elephant conservation

program of each ivory producing 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 following 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 information, and the country is making

expeditious 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 determined on the basis of

information referred to in subparagraph (B) and reflects the

amount of ivory which is confiscated or consumed domestically

by the country.

(E) The country has not authorized or allowed 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 information 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.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2201, Oct. 7, 1988, 102 Stat.

2318.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4222 of this title.

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16 USC Sec. 4222 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

-HEAD-

Sec. 4222. Moratoria

-STATUTE-

(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 country 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 information 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 before that date that

the country meets all of the criteria set forth in section

4221(b)(1) of this title.

(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 Control System;

(3) imports raw ivory from a country that is not an ivory

producing country;

(4) imports raw or worked ivory from a country that is not a

party to CITES;

(5) imports raw or worked ivory that originates in an ivory

producing country in violation of the laws of that ivory

producing country;

(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 country 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 moratorium and is accompanied by

shipping documents which show that it was exported before the

establishment of the moratorium.

(c) Suspension of moratorium

The Secretary shall suspend a moratorium established 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 petition 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 requested by the petition.

(2) Consideration and ruling

The Secretary shall publish a notice of receipt of a petition

under this subsection in the Federal Register and shall provide

an opportunity for the public to comment on the petition. 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 importation 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 confiscated by an ivory

producing country or an intermediary country and is disposed of

pursuant to the CITES Ivory Control System shall not be the sole

cause for the establishment of a moratorium under this subchapter

if all proceeds 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 country develops appropriate measures to

assure that persons with a history of illegal dealings in ivory

shall not benefit from the disposal of confiscated ivory.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2202, Oct. 7, 1988, 102 Stat.

2318.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4223 of this title.

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16 USC Sec. 4223 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

-HEAD-

Sec. 4223. Prohibited acts

-STATUTE-

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 personal effects, from

any country unless that country has certified that such ivory was

derived 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.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2203, Oct. 7, 1988, 102 Stat.

2320.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4224 of this title.

-CITE-

16 USC Sec. 4224 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

-HEAD-

Sec. 4224. Penalties and enforcement

-STATUTE-

(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 penalty under this

section shall be conducted in accordance 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 Secretary 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 shall apply to actions arising under

this subchapter.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2204, Oct. 7, 1988, 102 Stat.

2320.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4246 of this title.

-CITE-

16 USC Sec. 4225 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER II - MORATORIA AND PROHIBITED ACTS

-HEAD-

Sec. 4225. Rewards

-STATUTE-

(a) In general

Upon the recommendation of the Secretary, the Secretary of the

Treasury may pay a reward to any person who furnishes information

which leads to a civil penalty or a criminal conviction under this

chapter.

(b) Amount

The amount of a reward under this section shall be equal to not

more than one-half of any criminal or civil penalty or fine with

respect to which the reward is paid, or $25,000, whichever is less.

(c) Limitation on eligibility

An officer or employee of the United States or of any State or

local government who furnishes information or renders service in

the performance of his or her official duties shall not be eligible

for a reward under this section.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2205, Oct. 7, 1988, 102 Stat.

2320.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4224, 4246 of this title.

-CITE-

16 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

.

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

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16 USC Sec. 4241 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4241. Relationship to Endangered Species Act of 1973

-STATUTE-

The authority of the Secretary under this chapter is in addition

to and shall not affect the authority of the Secretary under the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish

the Secretary's authority under the Lacey Act Amendments of 1981

(16 U.S.C. 3371 et seq.).

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2302, Oct. 7, 1988, 102 Stat.

2321.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in text, is Pub.

L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 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.

The Lacey Act Amendments of 1981, referred to in text, is Pub. L.

97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which enacted

chapter 53 (Sec. 3371 et seq.) of this title, amended section 1540

of this title and section 42 of Title 18, Crimes and Criminal

Procedure, repealed sections 667e and 851 to 856 of this title and

sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions

set out as notes under sections 1540 and 3371 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 3371 of this title and Tables.

-CITE-

16 USC Sec. 4242 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4242. Certification under Pelly amendment

-STATUTE-

If the Secretary finds in administering this chapter that a

country does not adhere to the CITES Ivory Control System, that

country is deemed, for purposes of section 1978(a)(2) of title 22,

to be diminishing the effectiveness of an international program for

endangered or threatened species.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2303, Oct. 7, 1988, 102 Stat.

2322.)

-CITE-

16 USC Sec. 4243 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4243. Repealed. Pub. L. 107-111, Sec. 6(a)(3), Jan. 8, 2002,

115 Stat. 2096

-MISC1-

Section, Pub. L. 100-478, title II, Sec. 2304, Oct. 7, 1988, 102

Stat. 2322, directed Secretary to determine within 3 months after

the 8th Conference of the Parties to CITES whether the importation

of illegally harvested ivory into the United States had been

substantially stopped, and upon a determination that it had not

been substantially stopped, to recommend to Congress necessary

legislation or other actions to achieve the purposes of this

chapter.

-CITE-

16 USC Sec. 4244 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4244. Definitions

-STATUTE-

In this chapter -

(1) the term ''African elephant'' means any animal of the

species loxodonta africana;

(2) the term ''CITES'' means the Convention on the

International Trade in Endangered Species of Wild Fauna and

Flora;

(3) the term ''CITES Ivory Control System'' means the ivory

quota and marking system established by CITES to curtail illegal

trade in African elephant ivory;

(4) the term ''Fund'' means the account established by division

A, section 101(e), title I of Public Law 105-277 under the

heading ''multinational species conservation fund'' (16 U.S.C.

4246);

(5) the terms ''import'' and ''importation'' have the meanings

such terms have in the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.);

(6) the term ''intermediary country'' means a country that

exports raw or worked ivory that does not originate in that

country;

(7) the term ''ivory producing country'' means any African

country within which is located any part of the range of a

population of African elephants;

(8) the term ''ivory quota'' means a quota submitted by an

ivory producing country to the CITES Secretariat in accordance

with the CITES Ivory Control System;

(9) the term ''personal effects'' means articles which are not

intended for sale and are part of a shipment of the household

effects of a person who is moving his or her residence to or from

the United States, or are included in personal accompanying

baggage;

(10) the term ''raw ivory'' means any African elephant tusk,

and any piece thereof, the surface of which, polished or

unpolished, is unaltered or minimally carved;

(11) the term ''Secretary'' means the Secretary of the

Interior;

(12) the term ''United States'' means the fifty States, the

District of Columbia, Guam, the Commonwealth of the Northern

Mariana Islands, the Commonwealth of Puerto Rico, and the

territories and possessions of the United States; and

(13) the term ''worked ivory'' means any African elephant tusk,

and any piece thereof, which is not raw ivory.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2305, Oct. 7, 1988, 102 Stat.

2322; Pub. L. 107-111, Sec. 6(a)(4), Jan. 8, 2002, 115 Stat. 2096.)

-REFTEXT-

REFERENCES IN TEXT

Division A, section 101(e), title I of Public Law 105-277,

referred to in par. (4), is Pub. L. 105-277, div. A, Sec. 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, Sec. 101(e) (title I) appear at 112 Stat.

2681-237, and are classified in part to section 4246 of this title.

The Endangered Species Act of 1973, referred to in par. (5), is

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 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.

-MISC2-

AMENDMENTS

2002 - Par. (4). Pub. L. 107-111 substituted ''the account

established by division A, section 101(e), title I of Public Law

105-277 under the heading 'multinational species conservation fund'

'' for ''the African Elephant Conservation Fund established by

section 4212 of this title''.

-CITE-

16 USC Sec. 4245 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4245. Authorization of appropriations

-STATUTE-

(a) In general

There is authorized to be appropriated to the Fund and to the

Secretary a total of not to exceed $5,000,000 for each of fiscal

years 2001, 2002, 2003, 2004, 2005, 2006, and 2007 to carry out

this chapter, to remain available until expended.

(b) Administrative expenses

Of amounts available each fiscal year to carry out this chapter,

the Secretary may expend not more than 3 percent or $80,000,

whichever is greater, to pay the administrative expenses necessary

to carry out this chapter.

-SOURCE-

(Pub. L. 100-478, title II, Sec. 2306, Oct. 7, 1988, 102 Stat.

2323; Pub. L. 102-440, title III, Sec. 302, Oct. 23, 1992, 106

Stat. 2234; Pub. L. 105-217, Sec. 2, Aug. 5, 1998, 112 Stat. 911;

Pub. L. 107-111, Sec. 2, 3, Jan. 8, 2002, 115 Stat. 2095; Pub. L.

107-141, Sec. 5(b)(2)(B), Feb. 12, 2002, 116 Stat. 14.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-141 made technical amendment to

reference in original act which appears in two places in text as

reference to this chapter.

Pub. L. 107-111 designated existing provisions as subsec. (a),

inserted heading, substituted ''is authorized'' for ''are

authorized'' and ''2001, 2002, 2003, 2004, 2005, 2006, and 2007''

for ''1997, 1998, 1999, 2000, 2001, and 2002'', and added subsec.

(b).

1998 - Pub. L. 105-217 substituted ''fiscal years 1997, 1998,

1999, 2000, 2001, and 2002'' for ''fiscal years 1992, 1993, 1994,

1995, 1996, 1997, and 1998''.

1992 - Pub. L. 102-440 substituted ''fiscal years 1992, 1993,

1994, 1995, 1996, 1997, and 1998'' for ''fiscal years 1989, 1990,

1991, 1992, and 1993''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-141, Sec. 5(b)(2), Feb. 12, 2002, 116 Stat. 14,

provided that the amendment by section 5(b)(2) of Pub. L. 107-141

is effective on the day after Jan. 8, 2002.

-CITE-

16 USC Sec. 4246 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 62 - AFRICAN ELEPHANT CONSERVATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 4246. Multinational Species Conservation Fund

-STATUTE-

In fiscal year 1999 and thereafter, donations to provide

assistance under section 5304 of this title, part I of the African

Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section

4264 of this title shall be deposited to this Fund and shall be

available without further appropriation: Provided further, That in

fiscal year 1999 and thereafter, all penalties received by the

United States under section 2204 of the African Elephant

Conservation Act (16 U.S.C. 4224) which are not used to pay rewards

under section 2205 of the African Elephant Conservation Act (16

U.S.C. 4225) shall be deposited to this Fund to provide assistance

under section 2101 of the African Elephant Conservation Act (16

U.S.C. 4211) and shall be available without further appropriation:

Provided further, That in fiscal year 1999 and thereafter, not more

than three percent of amounts appropriated to this Fund may be used

by the Secretary of the Interior to administer the Fund.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) (title I), Oct. 21, 1998,

112 Stat. 2681-231, 2681-237; Pub. L. 107-111, Sec. 6(b), Jan. 8,

2002, 115 Stat. 2096; Pub. L. 107-112, Sec. 6(b), Jan. 8, 2002, 115

Stat. 2098; Pub. L. 107-141, Sec. 5(b)(1), Feb. 12, 2002, 116 Stat.

14.)

-REFTEXT-

REFERENCES IN TEXT

The African Elephant Conservation Act, referred to in text, is

title II of Pub. L. 100-478, Oct. 7, 1988, 102 Stat. 2315, as

amended. Part I of the Act is classified generally to subchapter I

(Sec. 4211 et seq.) of this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

4201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1999, and also as part of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, and not as part of the African Elephant Conservation Act

which comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-141 substituted ''section 5304 of this title,

part I of the African Elephant Conservation Act (16 U.S.C. 4211 et

seq.), and section 4264 of this title'' for ''section 5304 of the

Rhinoceros and Tiger Conservation Act of 1994, part I of the

African Elephant Conservation Act, and section 4265 of this

title'', ''section 2204 of the African Elephant Conservation Act

(16 U.S.C. 4224)'' for ''16 U.S.C. 4224'', ''section 2205 of the

African Elephant Conservation Act (16 U.S.C. 4225)'' for ''16

U.S.C. 4225'', and ''section 2101 of the African Elephant

Conservation Act (16 U.S.C. 4211)'' for ''16 U.S.C. 4211''.

Pub. L. 107-111 and Pub. L. 107-112 amended section identically,

substituting ''Rhinoceros and Tiger Conservation Act of 1994, part

I'' for ''Rhinoceros and Tiger Conservation Act, subchapter I''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4244, 4263, 5303, 6302 of

this title.

-CITE-