USC Chapter 73

USC Chapter 73
in effect

16 U.S.C. § 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.

16 U.S.C. § 5302 Purposes

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.

16 U.S.C. § 5303 Definitions

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 11 So in original. 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]; (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.

16 U.S.C. § 5304 Rhinoceros and tiger conservation assistance

(a) In generalThe 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 proposalA 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 approvalWithin 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). 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 and to the Administrator. (d) Criteria for approvalThe 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 sustainabilityTo 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 reportingEach 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. (g) Multiyear grants(1) AuthorizationThe Secretary may award to a person who is otherwise eligible for a grant under this section a multiyear grant of up to 5 years to carry out a project that the person demonstrates is an effective, long-term conservation strategy for rhinoceroses or tigers and the habitat of rhinoceroses or tigers. (2) EffectNothing in this subsection precludes the Secretary from awarding a grant on an annual basis.

16 U.S.C. § 5305 Acceptance and use of donations

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.

16 U.S.C. § 5305a Prohibition on sale, importation, or exportation of products labeled or advertised as rhinoceros or tiger products

(a) ProhibitionA 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 penaltyA person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, imprisoned not more than 6 months, or both. (2) Civil penalties(A) In generalA person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. (B) Manner of assessment and collectionA 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 substancesAny 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) RegulationsAfter 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) EnforcementThe 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 amountsAmounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 3375(d) of this title.

16 U.S.C. § 5305b Educational outreach program

(a) In generalNot 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) GuidelinesThe Secretary shall publish in the Federal Register guidelines for the program. (c) ContentsUnder 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.

16 U.S.C. § 5305c Advisory group

(a) In generalTo 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) MeetingsThe Advisory Group 11 So in original. Probably should not be capitalized. shall—(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) NoticeThe Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) MinutesMinutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from chapter 10 of title 5Chapter 10 of title 5 shall not apply to the advisory group.

16 U.S.C. § 5306 Authorization of appropriations

(a) In generalThere is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to remain available until expended. (b) Administrative expensesOf amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.