§ 5301. — 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: 16USC5301]
TITLE 16--CONSERVATION
CHAPTER 73--RHINOCEROS AND TIGER CONSERVATION
Sec. 5301. Findings
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.
(Pub. L. 103-391, Sec. 2, Oct. 22, 1994, 108 Stat. 4094.)
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.
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.''
