§ 4202. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4202]
TITLE 16--CONSERVATION
CHAPTER 62--AFRICAN ELEPHANT CONSERVATION
Sec. 4202. Findings
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.
(Pub. L. 100-478, title II, Sec. 2003, Oct. 7, 1988, 102 Stat. 2315.)
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.
