§ 4221. — Review of African elephant conservation programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4221]
TITLE 16--CONSERVATION
CHAPTER 62--AFRICAN ELEPHANT CONSERVATION
SUBCHAPTER II--MORATORIA AND PROHIBITED ACTS
Sec. 4221. Review of African elephant conservation programs
(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.
(Pub. L. 100-478, title II, Sec. 2201, Oct. 7, 1988, 102 Stat. 2318.)
Section Referred to in Other Sections
This section is referred to in section 4222 of this title.
