US (United States) Code. Title 16. Chapter 73: Rhinoceros and tiger

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

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16 USC CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

.

-HEAD-

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-MISC1-

Sec.

5301. Findings.

5302. Purposes.

5303. Definitions.

5304. Rhinoceros and tiger conservation assistance.

(a) In general.

(b) Project proposal.

(c) Project review and approval.

(d) Criteria for approval.

(e) Project sustainability.

(f) Project reporting.

5305. Acceptance and use of donations.

5305a. Prohibition on sale, importation, or exportation of products

labeled or advertised as rhinoceros or tiger products.

(a) Prohibition.

(b) Penalties.

(c) Products, items, and substances.

(d) Regulations.

(e) Enforcement.

(f) Use of penalty amounts.

5305b. Educational outreach program.

(a) In general.

(b) Guidelines.

(c) Contents.

5305c. Advisory group.

(a) In general.

(b) Public participation.

(c) Exemption from Federal Advisory Committee Act.

5306. Authorization of appropriations.

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16 USC Sec. 5301 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5301. Findings

-STATUTE-

The Congress finds the following:

(1) The world's rhinoceros population is declining at an

alarming rate, a 90 percent decline 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, except the southern

subspecies of white rhinoceros, 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 rhinoceros products (other than legally taken trophies), to

destroy government stockpiles of rhinoceros horn, and to exert

pressure on countries continuing to allow trade in rhinoceros

products.

(7) On September 7, 1993, under section 1978 of title 22 the

Secretary certified that the People's Republic of China and

Taiwan were engaged 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 Committee 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 measures, up to and including an

immediate prohibition 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 ending 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 specimens and products

from Taiwan be prohibited, in response to Taiwan's failure to

undertake sufficient actions to stop illegal rhinoceros 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.

-SOURCE-

(Pub. L. 103-391, Sec. 2, Oct. 22, 1994, 108 Stat. 4094.)

-REFTEXT-

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, 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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SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-112, Sec. 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 Conservation Reauthorization Act of

2001'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-312, title IV, Sec. 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

Section 1 of Pub. L. 103-391 provided 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, Sec. 402, Oct. 30, 1998, 112 Stat.

2959, provided that: ''Congress finds that -

''(1) the populations of all but 1 species of rhinoceros, and

the tiger, have significantly declined in recent 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 Appendix I of the Convention

on International Trade in Endangered 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 resolutions -

''(A) relating to the conservation of tigers (Conf. 9.13

(Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES

to implement legislation to reduce illegal trade in parts and

products of the species; 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), recommending 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 populations 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 enabling 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 regarding

alternatives for traditional medicine products, the illegality

of products containing, or labeled or advertised as containing,

rhinoceros parts and tiger parts, and the need to conserve

rhinoceros and tiger species generally.''

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16 USC Sec. 5302 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5302. Purposes

-STATUTE-

The purposes of this chapter are the following:

(1) To assist in the conservation of rhinoceros and tigers by

supporting the conservation programs of nations whose activities

directly or indirectly affect rhinoceros and tiger populations,

and the CITES Secretariat.

(2) To provide financial resources for those programs.

(3) To prohibit the sale, importation, and exportation of

products intended for human consumption or application

containing, or labeled or advertised as containing, any substance

derived from any species of rhinoceros or tiger.

-SOURCE-

(Pub. L. 103-391, Sec. 3, Oct. 22, 1994, 108 Stat. 4095; Pub. L.

105-312, title IV, Sec. 403, Oct. 30, 1998, 112 Stat. 2959.)

-MISC1-

AMENDMENTS

1998 - Par. (3). Pub. L. 105-312 added par. (3).

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16 USC Sec. 5303 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5303. Definitions

-STATUTE-

In this chapter -

(1) ''CITES'' means the Convention on International 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 resource management, such as research,

census, law enforcement, habitat protection, acquisition, and

management, propagation, live trapping, and transportation;

(3) ''Fund'' means the the (FOOTNOTE 1) 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);

(FOOTNOTE 1) So in original.

(4) ''Secretary'' means the Secretary of the Interior;

(5) ''Administrator'' means the Administrator of the Agency for

International Development; and

(6) ''person'' means -

(A) an individual, corporation, partnership, trust,

association, or other private entity;

(B) an officer, employee, agent, department, 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 subdivision of a

State; or

(D) any other entity subject to the jurisdiction of the

United States.

-SOURCE-

(Pub. L. 103-391, Sec. 4, Oct. 22, 1994, 108 Stat. 4095; Pub. L.

105-312, title IV, Sec. 404, Oct. 30, 1998, 112 Stat. 2960; Pub. L.

107-112, Sec. 6(a)(1), Jan. 8, 2002, 115 Stat. 2098.)

-REFTEXT-

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, 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.

-MISC2-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-112 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 ''Rhinoceros and Tiger Conservation Fund established under

section 5305(a) of this title''.

1998 - Par. (6). Pub. L. 105-312 added par. (6).

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16 USC Sec. 5304 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5304. Rhinoceros and tiger conservation assistance

-STATUTE-

(a) In general

The Secretary, subject to the availability of appropriations and

in consultation with the Administrator, 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 indirectly 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 conducting the project;

(2) state the purposes of the project succinctly;

(3) describe the qualifications of the individuals 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 countries 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 Secretary 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 proposal, the

Secretary shall provide a copy of the proposal to the

Administrator. The Secretary shall review each final project

proposal to determine if it meets the criteria set forth in

subsection (d) of this section. Not later than 6 months after

receiving a final project proposal, and subject to the availability

of funds, the Secretary, after consulting with the Administrator,

shall approve or disapprove the proposal and provide written

notification to the person who submitted the proposal, to the

Administrator, and to each country within which the project is to

be conducted.

(d) Criteria for approval

The Secretary may approve a project under this section if the

project will enhance programs for conservation of rhinoceros or

tigers by assisting efforts to -

(1) implement conservation programs;

(2) enhance compliance with provisions of CITES and laws of the

United States or a foreign country that prohibit or regulate the

taking or trade of rhinoceros or tigers or the use of rhinoceros

or tiger habitat; or

(3) develop sound scientific information on that species'

habitat condition and carrying capacity, total numbers and

population trends, or annual reproduction and mortality.

(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 which will enhance sustainable

conservation programs to ensure effective long-term conservation of

rhinoceros and tigers.

(f) Project reporting

Each person that receives assistance under this section for a

project shall provide periodic reports, as the Secretary considers

necessary, to the Secretary and the Administrator. Each report

shall include all information requested by the Secretary, after

consulting with the Administrator, for evaluating the progress and

success of the project.

-SOURCE-

(Pub. L. 103-391, Sec. 5, Oct. 22, 1994, 108 Stat. 4095; Pub. L.

107-112, Sec. 5, Jan. 8, 2002, 115 Stat. 2098.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-112 amended heading and text

generally. Prior to amendment, text read as follows: ''To the

maximum extent practical, the Secretary should give consideration

to projects which will enhance sustainable development programs to

ensure effective, long-term conservation of rhinoceros and

tigers.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4246, 5305 of this title.

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16 USC Sec. 5305 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5305. Acceptance and use of donations

-STATUTE-

The Secretary may accept and use donations to provide assistance

under section 5304 of this title. Amounts received by the

Secretary in the form of donations shall be transferred to the

Secretary of the Treasury for deposit into the Fund.

-SOURCE-

(Pub. L. 103-391, Sec. 6, Oct. 22, 1994, 108 Stat. 4096; Pub. L.

107-112, Sec. 6(a)(2), Jan. 8, 2002, 115 Stat. 2098.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-112 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 Rhinoceros and Tiger Conservation Fund, consisting of amounts

deposited by the Secretary of the Treasury from donations and

appropriated funds, to be used to provide assistance under section

5304 of this title, with not more than three percent of

appropriated funds per fiscal year used to administer the Fund.

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16 USC Sec. 5305a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5305a. Prohibition on sale, importation, or exportation of

products labeled or advertised as rhinoceros or tiger products

-STATUTE-

(a) Prohibition

A person shall not sell, import, or export, or attempt to sell,

import, or export, any product, item, or substance intended for

human consumption or application containing, or labeled or

advertised as containing, any substance derived from any species of

rhinoceros or tiger.

(b) Penalties

(1) Criminal penalty

A person engaged in business as an importer, exporter, or

distributor that knowingly violates subsection (a) of this

section shall be fined under title 18, imprisoned not more than 6

months, or both.

(2) Civil penalties

(A) In general

A person that knowingly violates subsection (a) of this

section, and a person engaged in business as an importer,

exporter, or distributor that violates subsection (a) of this

section, may be assessed a civil penalty by the Secretary of

not more than $12,000 for each violation.

(B) Manner of assessment and collection

A civil penalty under this paragraph shall be assessed, and

may be collected, in the manner in which a civil penalty under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) may

be assessed and collected under section 11(a) of that Act (16

U.S.C. 1540(a)).

(c) Products, items, and substances

Any product, item, or substance sold, imported, or exported, or

attempted to be sold, imported, or exported, in violation of this

section or any regulation issued under this section shall be

subject to seizure and forfeiture to the United States.

(d) Regulations

After consultation with the Secretary of the Treasury, the

Secretary of Health and Human Services, and the United States Trade

Representative, the Secretary shall issue such regulations as are

appropriate to carry out this section.

(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 section in the manner in which the Secretaries carry

out enforcement activities under section 11(e) of the Endangered

Species Act of 1973 (16 U.S.C. 1540(e)).

(f) Use of penalty amounts

Amounts received as penalties, fines, or forfeiture of property

under this section shall be used in accordance with section 3375(d)

of this title.

-SOURCE-

(Pub. L. 103-391, Sec. 7, as added Pub. L. 105-312, title IV, Sec.

405(2), Oct. 30, 1998, 112 Stat. 2960.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in subsec.

(b)(2)(B), 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-

PRIOR PROVISIONS

A prior section 7 of Pub. L. 103-391 was renumbered section 10

and is classified to section 5306 of this title.

-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.

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16 USC Sec. 5305b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5305b. Educational outreach program

-STATUTE-

(a) In general

Not later than 180 days after October 30, 1998, the Secretary

shall develop and implement an educational outreach program in the

United States for the conservation of rhinoceros and tiger species.

(b) Guidelines

The Secretary shall publish in the Federal Register guidelines

for the program.

(c) Contents

Under the program, the Secretary shall publish and disseminate

information regarding -

(1) laws protecting rhinoceros and tiger species, in particular

laws prohibiting trade in products containing, or labeled or

advertised as containing, their parts;

(2) use of traditional medicines that contain parts or products

of rhinoceros and tiger species, health risks associated with

their use, and available alternatives to the medicines; and

(3) the status of rhinoceros and tiger species and the reasons

for protecting the species.

-SOURCE-

(Pub. L. 103-391, Sec. 8, as added Pub. L. 105-312, title IV, Sec.

406, Oct. 30, 1998, 112 Stat. 2961.)

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16 USC Sec. 5305c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5305c. 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

rhinoceros and tiger species.

(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. 103-391, Sec. 9, as added Pub. L. 107-112, Sec. 4, Jan. 8,

2002, 115 Stat. 2097.)

-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.

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PRIOR PROVISIONS

A prior section 9 of Pub. L. 103-391 was renumbered section 10

and is classified to section 5306 of this title.

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16 USC Sec. 5306 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 73 - RHINOCEROS AND TIGER CONSERVATION

-HEAD-

Sec. 5306. Authorization of appropriations

-STATUTE-

(a) In general

There is authorized to be appropriated to the Fund $10,000,000

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. 103-391, Sec. 10, formerly Sec. 7, Oct. 22, 1994, 108

Stat. 4097; renumbered Sec. 9 and amended Pub. L. 105-312, title

IV, Sec. 405(1), 407, Oct. 30, 1998, 112 Stat. 2960, 2961;

renumbered Sec. 10 and amended Pub. L. 107-112, Sec. 2-4, Jan. 8,

2002, 115 Stat. 2097.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-112, Sec. 2, 3, designated existing provisions

as subsec. (a), inserted heading, substituted ''is authorized'' for

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

2007'' for ''1996 through 2002'', and added subsec. (b).

1998 - Pub. L. 105-312, Sec. 407, substituted ''1996 through

2002'' for ''1996, 1997, 1998, 1999, and 2000''.

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