African Elephant

16USCS 4201 African Elephant Conservation Act
4201. Statement of purpose The purpose of this title is to perpetuate healthy populations
of African elephants.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, 2002, 102 Stat. 2315.)
4202. Congressional 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 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.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, 2003, 102 Stat. 2315.)
4203. Statement of policy 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.
(8/93) STATUTE/PUBLIC PAGE 1 OF 8
16 USCS 4211 African Elephant
16 USCS 4212 4201. Statement of purpose HISTORY: (Oct. 7, 1988, P.L. 100-478, Title
11, 2004, 102 Stat. 2316.)
4211. Provision of assistance
(a) In general. The Secretary may provide financial assistance under this part [16 USCS
4211 et seq.] from the African Elephant Conservation 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 title.
Project review and approval. The Secretary shall review each project proposal to
determine if it meets the criteria set forth in subsection (d) and otherwise merits
assistance under this title. 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 to enhance compliance with
the CITES Ivory Control System.
(e) 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.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title II, Part I, 2101, 102 Stat. 2316.)
4212. African Elephant Conservation Fund
PAGE 2 OF 8 STATUTE/PUBLIC (8/93)

16 USCS 4212(a) 16 USCS 4211 African Elephant
16 USCS 4221 (a)( l ) 4201. (a) Establishment There is established in the general fund of
the Treasury a separate account to be known as the "African Elephant Conservation
Fund", which shall consist of amounts deposited into the Fund by the Secretary of the
Treasury under subsection (b).
(b) Deposits into Fund. The Secretary of the Treasury shall deposit into the Fund--

(1) subject to appropriations, all amounts received by the United States in the
form of penalties under section 2204 [16 USCS 4224] which are not used to pay
rewards under section 2205 [16 USCS 42251;
(2) amounts received by the Secretary of the Interior in the form of donations
under subsection (d); and
(3) other amounts appropriated to the Fund to carry out this part [16 USCS 4211
et seq.].
Use
(1) In general. Subject to paragraph (2), amounts in the Fund may be used by the
Secretary, without further appropriation, to provide assistance under this part [16
USCS 4211 et seq.].
(2) Administration. Not more than three percent of amounts appropriated to the
Fund for a fiscal year may be used by the Secretary to administer the Fund for that
fiscal year.
(d) Acceptance and use cf donations. The Secretary may accept and use donations of
funds to provide assistance under this part [16 USCS 4211 et seq.]. 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.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 1, 2102, 102 Stat. 2317.)
4213. Annual reports
The Secretary shall submit an annual report to the Congress not later than January 31 of
each year regarding the Fund and the status of the African elephant. Each such report
shall include with respect to the year for which the report is submitted a description of–
(1) the total amounts deposited into and expended from the Fund;
(2) the costs associated with the administration of the Fund;
(3) a summary of the projects for which the Secretary has provided assistance
under this part [16 USCS 4211 et seq.] and an evaluation of those projects; and
(4) an evaluation of African elephant populations and whether the CITES Ivory
Control System is functioning effectively to control the illegal trade in African
elephant ivory.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 1, 2103, 102 Stat. 2317.)

4221. Review of African elephant conservation programs
(a) In general. Within one month after the date of the enactment of this title [enacted Oct.
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
(8/93) STATUTE/PUBLIC PAGE 3 OF 8

16 USCS 4221(a)(2) African Elephant
16 USCS 4222(b)(2) 4201.
(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 the
date of the enactment of this title [enacted Oct. 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.
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 the
date of the enactment of this title [enacted Oct. 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.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 11, 2201, 102 Stat. 2318.)
4222. Moratoris
(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
2201(b)(1) [16 USCS 4221(b)(1)].
(2) Later establishment. With regard to any ivory producing country for which the
Secretary has insufficient information to make a determination pursuant to section
2201(b) [16 USCS 4221(b)], 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 2201 (b)( l ) [16 USCS
4221 (b)( l )]. :
(b) Intermediary countries. The Secretary shall establish a moratorium on
the importation of raw and 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;
PAGE 4 OF 8 STATUTE/PUBLIC (8/93)

16 USCS 4222(b)(3) African Elephant
16 USCS 4223(3)
(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 title 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 title 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 part 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.
HISTORY: (Oct. 7,, 1988, P.L. 100-478, Title 11, Part 11, 2202, 102 Stat. 2318.)
4223. Prohibited acts
Except as provided in section 2202(e) [16 USCS 4222(e)], 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
(8/93) STATUTE/PUBLIC PAGE 5 OF 8

16 USCS 4223(3)(Cont.) African Elephant
16 USCS 4241 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 2202 [16 USCS 4222].
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 11, 2203, 102 Stat. 2320.)
4224. Penalties and enforcement
(a) Criminal violations. Whoever knowingly violates section 2203 [16 USCS
4223] shall, upon conviction, be fined under title 18, United States Code, or
imprisoned for not more than one year, or both.
(b) Civil violations. Whoever violates section 2203 [16 USCS 4223] 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 11 (a) of the Endangered Species Act of 1973
(16 U.S.C. 1540(a)).
(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
2205 [16 USCS 4225] 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 CoastGuard is operating shall enforce this part [16
USCS 4221 et seq.] in the same manner such Secretaries carry out enforcement
activities under section 11 (e) of the Endangered Species Act of 1973 (16
U.S.C.1540(e)). Section 11 (c) ofthe Endangered Species Act of 1973 (16 U.S.C.
1540(c)) shall apply to actions arising under this part [16 USCS 4221 et seq.].
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 11, 2204, 102 Stat. 2320.)
4225. Rewards
(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 title.
(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 offcial duties shall not beieligible for a reward under
this section.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title II, Part 11, 2205, 102 Stat. 2320.)
4241. Relationship to Endangered Species Act of 1973
The authority of the Secretary under this title 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.).
PAGE 6 OF 8 STATUTE/PUBLIC (8/93)

16 USCS 4242 African Elephant
16 USCS 4244(10) HISTORY: (Oct. 7, 1988, P.L. 100-478, Title II, Part 111,
2302, 102 Stat. 2321.)
4242. Certification under Pelly Amendment

If the Secretary finds in administering this title that a country does not adhere to
the CITES Ivory Control System, that country is deemed, for purposes of section
8(a)(2) of the Act of August 27, 1954 (22 U.S.C. 1978), to be diminishing the
effectiveness of an international program for endangered or threatened species.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 111, 2303, 102 Stat. 2322.)
4243. Effectiveness of CITES
Within 3 months after the completion of the 8th Conference of the Parties to
CITES, the Secretary shall determine whether this title, together with the CITES
Ivory Control System, has substantially stopped the importation of illegally
harvested ivory into the United States. If the Secretary determines that the
importation of illegally harvested ivory has not been substantially stopped, the
Secretary shall recommend to the Congress amendments to this title or other
actions that may be necessary to achieve the purposes of this title, including the
establishment of a complete moratorium on the importation of elephant ivory into
the United States.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 111, 2304, 102 Stat. 2322.)
4244. Definitions
In this title–
(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 African Elephant Conservation Fund established
by section 2102 [16 USCS 4212];
(5) the terms "import" and "importation" have the meanings such terms have in
the Endangered Species Act of 1973(16U.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
(8/93) STA

TUTE/PUBLIC PAGE 7 OF 8
16 USCS 4244(10)(Cont.) African Elephant
16 USCS 4245 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.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part III, 2305, 102 Stat. 2322.)
4245. Authorization of appropriations
There are 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 1992, 1993, 1994, 1995, 1996,
1997, and 1998 to carry out this title, to remain available until expended.
HISTORY: (Oct. 7, 1988, P.L. 100-478, Title 11, Part 111, 2306, 102 Stat. 2323;
Oct. 23, 1992, P.L. 102-440, Title 111, 302, 106 Stat. 2234.)
PAGE 8 OF 8 STATUTE/PUBLIC (8/93)