H.R. 1467 (100th): A bill to authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years ...

...1988, 1989, 1990, 1991, and 1992.

100th Congress, 1987–1988. Text as of Oct 07, 1988 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

102 STAT. 2306                   PUBLIC LAW 100-478—OCT. 7, 1988
                  Public Law 100-478
                  100th Congress
                                                     An Act
   Oct. 7, 1988   To authorize appropriations to carry out the Endangered Species Act of 1973 during
   [H.R. 1467]     fiscal      years 1988, 1989, 1990, 1991, and 1992, and for other purposes.

                   Be it enacted by the Senate and House of Representatives of the
Wildlife.         United States of America in Congress assembled.
Conservation.
                      TITLE I—ENDANGERED SPECIES ACT
                             AMENDMENTS OF 1988
                  SEC. 1001. DEFINITIONS.
                    (a) DEFINITION OF PERSON.—Paragraph (13) of section 3 of the
                  Endangered Species Act (16 U.S.C. 1532) is amended to read as
                  follows:
                         "(13) The term 'person' means an individual, corporation, part-
                       nership, trust, association, or any other private entity; or any
                       officer, employee, agent, department, or instrumentality of the
                       Federal Government, of any State, municipality, or political
                       subdivision of a State, or of any foreign government; any State,
                       municipality, or political subdivision of a State; or any other
                       entity subject to the jurisdiction of the United States.".
                    Qo) DEFINITION OF SECRETARY.—Paragraph (15) of section 3 of the
                  Endangered Species Act (16 U.S.C. 1532) is amended by inserting
                  "also" before means the Secretary of Agriculture".
                  SEC. 1002. LISTING.
                     (a) CANDIDATE SPECIES.—Subparagraph (C) of section 4(bX3) of the
                  Endangered Species Act of 1973 (16 U.S.C. 1533(bX3XC)) is amended
                  by adding at the end thereof the following clause:
                     "(iii) The Secretary shall implement a system to monitor effec-
                  tively the status of all species with respect to which a finding is
                  made under subparagraph (BXiii) and shall make prompt use of the
                  authority under parsigraph 7 to prevent a significant risk to the well
                  being of any such species.".
                     (b) SIMILARITY OF APPEARANCE.—Subsection (e) of such section 4
                  (16 U.S.C. 1533(e)) is amended by striking out "regulation," and
                  inserting in lieu thereof "regulation of commerce or taking,".
                  SEC. 1003. RECOVERY PLANS.
                    Section 4(f) of the Endangered Species Act (16 U.S.C. 1533(f)) is
                  amended to read as follows:
                    "(fKl) RECOVERY PLANS.—The Secretary shall develop and imple-
                  ment plans (hereinafter in this subsection referred to as 'recovery
                  plans') for the conservation and survival of endangered species and
                  threatened species listed pursuant to this section, unless he finds
                  that such a plan will not promote the conservation of the species.
                  The Secretary, in developing and implementing recovery plans,
                  shall, to the maximum extent practicable—

PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2307 "(A) give priority to those endangered species or threatened species, without regard to taxonomic classification, that are most likely to benefit from such plans, particularly those species that are, or may be, in conflict with construction or other development projects or other forms of economic activity; "(B) incorporate in each plan— "(i) a description of such site-specific management actions as may be necessary to achieve the plan's goal for the conservation and survival of the species; "(ii) objective, measurable criteria which, when met, would result in a determination, in accordance with the provisions of this section, that the species be removed from the list; and "(iii) estimates of the time required and the cost to carry out those measures needed to achieve the plan's goal and to achieve intermediate steps toward that goal. "(2) The Secretary, in developing and implementing recovery plans, may procure the services of appropriate public and private agencies and institutions, and other qualified persons. Recovery teams appointed pursuant to this subsection shall not be subject to the Federal Advisory Committee Act. "(3) The Secretary shall report every two years to the Committee Reports. on Environment and Public Works of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives on the status of efforts to develop and implement recovery plans for all species listed pursuant to this section and on the status of all species for which such plans have been developed. "(4) The Secretary shall, prior to final approval of a new or revised Public recovery plan, provide public notice and an opportunity for public information. review and comment on such plan. The Secretary shall consider all information presented during the public comment period prior to approval of the plan. "(5) Each Federal agency shall, prior to implementation of a new or revised recovery plan, consider all information presented during the public comment period under paragraph (4).". SEC. 1004. MONITORING OF RECOVERED SPECIES. Section 4 of the Endangered Species Act (16 U.S.C. 1533) is amended by redesignating subsections (g) and (h) as subsections (h) and (i) and by inserting the following new subsection: "(g) MONITORING.—(1) The Secretary shall implement a system in cooperation with the States to monitor effectively for not less than five years the status of all species which have recovered to the point at which the measures provided pursuant to this Act are no longer necessary and which, in accordance with the provisions of this section, have been removed from either of the lists published under subsection (c). "(2) The Secretary shall make prompt use of the authority under paragraph 7 of subsection (b) of this section to prevent a significant risk to the well being of any such recovered species.". SEC. 1005. COOPERATION WITH THE STATES. (a) MONITORING OF RECOVERED SPECIES.—Paragraph (1) of section 6(d) of the Endangered Species Act (16 U.S.C. 1535(dXl)) is amended to read as follows: "(d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to provide financial assistance to any State, through its respective
102 STAT. 2308 PUBLIC LAW 100-478—OCT. 7, 1988 State agency, which has entered into a cooperative agreement pursuant to subsection (c) of this section to assist in development of programs for the conservation of endangered and threatened species or to assist in monitoring the status of candidate species pursuant to subparagraph (Q of section 4(bX3) and recovered species pursuant to section 4(g). The Secretary shall allocate each annual appropriation made in accordance with the provisions of subsection (i) of this section to such States based on consideration of— "(A) the international commitments of the United States to protect endangered species or threatened species; "(B) the re£uiiness of a State to proceed with a conservation prt^ram consistent with the objectives and purposes of this Act; "(C) the number of endangered species and threatened species within a State; "(D) the potential for restoring endangered species and threatened species within a State; "(E) the relative urgency to initiate a program to restore and protect an endangered species or threatened species in terms of survival of the species; "(F) the importance of monitoring the status of candidate species within a State to prevent a s^nificant risk to the well being of any such species; and "(G) the importance of monitoring the status of recovered species within a State to assure that such species do not return to the point at which the measures provided pursuant to this Act are again necessary. So much of the annual appropriation made in accordance with provisions of subsection (i) of this section allocated for obligation to any State for any fiscal year as remains unobligated at the close thereof is authorized to be made available to that State until the close of the succeeding fiscal year. Any amount allocated to any State which is unobligated at the end of the period during which it is available for expenditure is authorized to be made available for expenditure by the Secretary in conducting programs under this section.". (b) APPROPRIATIONS.—Section 6 of the Endangered Species Act (16 U.S.C. 1535) is amended by adding the following new subsection: "(i) APPROPRIATIONS.—(1) To carry out the provisions of this sec- tion for fiscal years after September 30, 1988, there shall be depos- ited into a special fund known as the cooperative endangered species conservation fund, to be administered by the Secretary, an amount equal to 5 percent of the combined amounts covered each fiscal year into the Federal aid to wildlife restoration fund under section 3 of the Act of September 2, 1937, and paid, transferred, or otherwise credited each fiscal year to the Sport Fishing Restoration Account established under 1016 of the Act of July 18,1984. "(2) Amounts deposited into the special fund are authorized to be appropriated annually and allocated in accordance with subsection (d) of this section.". SEC. 1006. PROTECTION OF PLANTS. Section 9(aX2XB) of the Endangered Species Act (16 U.S.C. 1538(aX2XB)) is amended to read as follows: "(B) remove and reduce to possession any such species from areas under Federal jurisdiction; maliciously damage or destroy any such species on any such area; or remove, cut, dig up, or damage or destroy any such species on any
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2309 other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law;". SEC. 1007. PENALTIES AND ENFORCEMENT. (a) CIVIL PENALTIES.—Paragraph (1) of subsection (a) of section 11 of the Endangered Species Act (16 U.S.C. 1540) is amended by striking "$10,000" and inserting in lieu thereof "$25,000", and by striking "$5,000" and inserting in lieu thereof "$12,000". Ob) CRIMINAL VIOLATIONS.—Paragraph (1) of subsection Ot)) of sec- tion 11 of the Endangered Species Act (16 U.S.C. 1540) is amended by striking "$20,000" and inserting in lieu thereof "$50,000", and by striking "$10,000" and inserting in lieu thereof "$25,000". (c) REWARDS.—Subsection (d) of section 11 of the Endangered Species Act (16 U.S.C. 1540) is amended by adding at the end thereof the following sentence; "Whenever the balance of sums received under this section and section 6(d) of the Act of November 16, 1981 (16 U.S.C. 3375(d)), as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall de- posit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 6(i) of this Act.". SEC. 1008. SEA TURTLE CONSERVATION. (a) DELAY OF REGULATIONS.—The Secretary of Commerce shall Effective date. delay the effective date of regulations promulgated on June 29,1987, Florida. relating to sea turtle conservation, until May 1, 1990, in inshore areas, and until May 1, 1989, in offshore areas, with the exception that regulations already in effect in the Canaveral area of Florida shall remain in effect. The regulations for the inshore area shall go into effect beginning May 1, 1990, unless the Secretary determines that other conservation measures are proving equally effective in reducing sea turtle mortality by shrimp trawling. If the Secretary makes such a determination, the Secretary shall modify the regula- tions accordingly. (b) STUDY.— (1) I N GENERAL.—The Secretary of CJommerce shall contract Contracts for an independent review of scientific information pertaining to the conservation of each of the relevant species of sea turtles to be conducted by the Nationsd Academy of Sciences with such individuals not employed by Federal or State government other than employees of State universities and having scientific expertise and special knowledge of sea turtles and activities that may affect adversely sea turtles. (2) PURPOSES OP REVIEW.—The purposes of such independent review are— (i) to further long-term conservation of each of the rel- evant species of sea turtles which occur in the waters of the United States; (ii) to further knowledge of activities performed in the waters and on the shores of the United States, Mexico and other nations which adversely affect each of the relevant species of sea turtles; (iii) to determine the relative impact which each of the activities found to be having an adverse effect on each of the relevant species of turtles has upon the status of each such species;
102 STAT. 2310 PUBLIC LAW 100-478—OCT. 7, 1988 (iv) to assist in identifying appropriate conservation and recovery measures to address each of the activities which affect adversely each of the relevant species of sea turtles; (v) to assist in identifying appropriate reproductive meas- ures which will aid in the conservation of each of the relevant species of sea turtles; (vi) in particular to assist in determining whether more or less stringent measures to reduce the drowning of sea turtles in shrimp nets are necessary and advisable to pro- vide for the conservation of each of the relevant species of sea turtles and whether such measures should be applicable to inshore and offshore areas as well as to various geo- graphical locations; and (vii) to furnish information and other forms of assistance to the Secretary for his use in reviewing the status of each of the relevant species of sea turtles and in carrying out other responsibilities contained under this Act and law. (3) SCOPE OF REVIEW.—The terms and outlines of such independent review shall be determined by a panel to be ap- pointed by the President of the National Academy of Sciences, except that such review shall include, at a minimum, the following information: (i) estimates of the status, size, age structure and, where possible, sex structure of each of the relevant species of sea turtles; (ii) the distribution and concentration, in terms of United States geographic zones, of each of the relevant species of sea turtles; (iii) the distribution and concentration of each of the relevant species of sea turtles, in the waters of the United States, Mexico and other nations during the developmen- tal, migratory and reproductive phases of their lives; (iv) identification of all causes of mortality, in the waters and on the shores of the United States, Mexico and other nations for each of the relevant species of sea turtles; (v) estimates of the magnitude and significance of each of the identified causes of turtle mortality; (vi) estimates of the magnitude and significance of present or needed head-start or other programs designed to increase the production and population size of each of the relevant species of sea turtles; (vii) description of the measures taken by Mexico and other nations to conserve each of the relevant species of sea turtles in their waters and on their shores, along with a description of the efforts to enforce these measures and an assessment of the success of these measures; (viii) the identification of nesting and/or reproductive locations for each of the relevant species of sea turtles in the waters and on the shores of the United States, Mexico and other nations and measures that should be undertaken at each location as well as a description of worldwide efforts to protect such species of turtles. (4) (COMPLETION AND SUBMISSION OF REVIEW.—Such independ- ent review shall be completed after an opportunity is provided for individuals with scientific and special knowledge of sea turtles and activities that may affect adversely sea turtles to present relevant information to the panel. It shall then be
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2311 submitted by the Secretary, together with recommendations by the Secretary in connection therewith, to the Committee on Environment and Public Works of the United States Senate and the Committee on Merchant Marine and Fisheries of the United States House of Representatives on or before April 1, 1989. In the event the independent review cannot be completed by April 1, 1989, then the panel shall give priority to completing the independent review as it applies to the Kemp's ridley sea turtle and submitting the same to the Secretary by that date, or as expeditiously as possible, and thereafter shall complete as expeditiously as possible the remaining work of the independent review. (5) REVIEW OF STATUS.—After receipt of any portion of the independent review from the panel, the Secretary shall review the status of each of the relevant species of sea turtles. (6) RECOMMENDATIONS OF SECRETARY.—The Secretary, after receipt of any portion of the independent review from the panel, shall consider, along with the requirements of existing law, the following before making recommendations: (i) reports from the panel conducting the independent review; (ii) written views and information of interested parties; (iii) the review of the status of each of the relevant species of sea turtles; (iv) the relationship of any more or less stringent meas- ures to reduce the drowning of each of the relevant species of sea turtles in shrimp nets to the overall conservation plan for each such species; (v) whether increased reproductive or other efforts in behalf of each of the relevant species of sea turtles would make no longer necessary and advisable present or pro- posed conservation r ^ u l a t i o n s regarding shrimping nets; (vi) whether certain geographical areas such as, but not limited to, inshore areas and offshore areas, should have more stringent, less stringent or different measures im- posed upon them in order to reduce the drowning of each of the relevant species of sea turtles in shrimp nets; (vii) other reliable information regarding the relationship between each of the relevant species of sea turtles and shrimp fishing and other activities in the waters of the United States, Mexico and other nations of the world; and (viii) the need for improved cooperation among depart- ments, agencies and entities of Federal and State govern- ment, the need for improved cooperation with other nations and the need for treaties or international agreements on a bilateral or multilateral basis. (7) MODIFICATION OF REGULATIONS.—For good cause, the Sec- retary may modify the r^ulations promulgated on June 29, 1987, relating to sea turtle conservation, in whole or part, as the Secretary deems advisable. (8) SECRETARY AND EDUCATIONAL EFFORTS.—The Secretary Fish and fishing. shall undertake an educational effort among shrimp fishermen, Contracts. either directly or by contract with competent persons or enti- ties, to instruct fishermen in the usage of the turtle excluder device or any other device which might be imposed upon such fishermen;
102 STAT. 2312 PUBLIC LAW 100-478—OCT. 7, 1988 (9) SEA TURTLE COORDINATION.—In order to coordinate the protection, conservation, reproductive, educational and recovery efforts with respect to each of the relevant species of sea turtles in accordance with existing law, the National Marine Fisheries Service shall designate an individual as Sea Turtle Coordinator to establish and carry out an effective, long-term sea turtle recovery program. (10) PURPOSE OF THIS SECTION.—Section 8 is intended to assist the Secretary in making recommendations and in carrying out his duties under law, including the Endangered Species Act (16 U.S.C. 1531 et seq.), and nothing herein affects, modifies or alters the Secretary's powers or responsibilities to review, deter- mine or redetermine, at any time, his obligations under law. (11) DEFINITIGNS.—For the purposes of this section, the terms: (i) "relevant species of sea turtles" means the Kemp's ridley sea turtle, United States breeding populations of the loggerhead, the leatherback, and the green sea turtle, and other signMcant breeding populations of the loggerhead, the leatherback and the green sea turtle; (ii) "status" means whether a given species of turtle is endangered, threatened or recovered; (iii) "size" means the size of a given species of sea turtle; and (iv) "age and sex structure" shall be considered to mean the distribution of juveniles, subadults and adults within a given species or population of sea turtles, and males and females within a given species or population of sea turtles. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of C!ommerce $1,500,000 through fiscal year 1989 to carry out this section. SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 15. (a) I N GENERAL.—Except as provided in subsections (hX (c), and (d), there are authorized to be appropriated— "(1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000 for fiscal year 1989, $38,000,000 for fiscal year 1990, $39,500,000 for fiscal year 1991, and $41,500,000 for fiscal year 1992 to enable the Department of the Interior to carry out such func- tions and responsibilities as it may have been given under this Act* "(2) not to exceed $5,750,000 for fiscal year 1988, $6,250,000 for each of fiscal years 1989 and 1990, and $6,750,000 for each of fiscal years 1991 and 1992 to enable the Department of Com- merce to carry out such functions and responsibilities as it may have been given under this Act; and "(3) not to exceed $2,200,000 for fiscal year 1988, $2,400,000 for each of fiscal years 1989 and 1990, and $2,600,000 for each of fiscal years 1991 and 1992, to enable the Department of Agri- culture to carry out its functions and responsibilities with respect to the enforcement of this Act and the (Convention which pertain to the importation or exportation of plants.
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2313 "(b) EXEMPTIONS FROM ACT.—There are authorized to be appro- priated to the Secretary to assist him and the Endangered Species Committee in carrying out their functions under sections 7 (e), (g), and (h) not to exceed $600,000 for each of fiscal years 1988, 1989, 1990,1991, and 1992. "(c) CONVENTION IMPLEMENTATION.—There are authorized to be appropriated to the Department of the Interior for purposes of carrying out section 8A(e) not to exceed $400,000 for each of fiscal years 1988,1989, and 1990, and $500,000 for each of fiscal years 1991 and 1992, and such sums shedl remain available until expended.". SEC. 1010. EDUCATION, STUDY AND REPORT. Agriculture and agricultural (a) EDUCATION.—The Administrator of the Environmental Protec- commodities. tion Agency in cooperation with the Secretary of Agriculture and Pests and the Secretairy of the Interior, promptly upon enactment of this Act, pesticides. shall conduct a program to inform and educate fully persons en- 7 u s e 136a note. gaged in agricultural food and fiber commodity production of any proposed pesticide labeling program or requirements that may be imposed by the Administrator in compliance with the Endangered Species Act (16 U.S.C. 1531 et seq.). The Administrator also shall Public provide the public with notice of, and opportunity for comment on, information. the elements of any such program and requirements based on compliance with the Endangered Species Act, including (but not limited to) an identification of any pesticides affected by the pro- gram; an explanation of the restriction or prohibition on the user or applicator of any such pesticide; an identification of those geo- graphic areas affected by any pesticide restriction or prohibition; an identification of the effects of any restricted or prohibited pesticide on endangered or threatened species; and an identification of the endangered or threatened species along with a general description of the geographic areas in which such species are located wherein the application of a pesticide will be restricted, prohibited, or its use otherwise limited, unless the Secretary of the Interior determines that the disclosure of such information may create a substantial risk of harm to such species or its habitat. (b) STUDY.—The Administrator of the Environmental Protection Agency, jointly with the Secretary of Agriculture and the Secretary of the Interior, shall conduct a study to identify reasonable and prudent means available to the Administrator to implement the endangered species pesticides labeling p r ( ^ a m which would comply with the Endangered Species Act of 1973, as amended, and which would allow persons to continue production of agricultural food and fiber commodities. Such study shall include investigation by the Administrator of the best available methods to develop maps and the best available alternatives to mapping as means of identifying those circumstances in which use of pesticides may be restricted; identification of alternatives to prohibitions on pesticide use, includ- ing, but not limited to, alternative pesticides and application meth- ods and other agricultural practices which can be used in lieu of any pesticides whose use may be restricted by the labeling p n ^ a m ; examination of methods to improve coordination among the Environmental Protection Agency, Department of Agriculture, and Department of the Interior in administration of the labeling pro- gram; and analysis of the means of implementing the endangered species pesticides labeling program or alternatives to such a pro- gram, if any, to promote the conservation of endangered or threat- ened species and to minimize the impacts to persons engaged in
102 STAT. 2314 PUBLIC LAW 100-478—OCT. 7, 1988 agricultural food and fiber commodity production and other affected pesticide users and applicators. (c) REPORT.—The Administrator of the Environmental Protection Agency in cooperation with the Secretary of Agriculture and the Secretary of the Interior shall submit a report within one year of the date of enactment of this Act, presenting the results of the study conducted pursuant to subsection (b) of this section to the Com- mittee on Merchant Marine and Fisheries and the Committee on Agriculture of the United States House of Representatives, and the Committee on Environment and Public Works and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. SEC. 1011. SCRIMSHAW CERTIFICATES. (a) Section 10(fK8XA) of the Endangered Species Act of 1973 (16 U.S.C. 1539(fX8XA)) is amended to read as follows: "(8XAXi) Any valid certificate of exemption which was renewed after October 13, 1982, and was in effect on March 31, 1988, shall be deemed to be renewed for a six-month period beginning on the date of enactment of the Endangered Species Act Amendments of 1988. Any person holding such a certificate may apply to the Secretary for one additional renewal of such certificate for a period not to exceed 5 years b ^ ^ n i n g on the date of such enactment.". (b) Section 10(fX8XB) of the Endangered Species Act of 1973 (16 U.S.C. 1539(fX8Xb)) is amended by striking "original" and inserting "previous". (c) Section 10(fK8) of the Endangered Species Act of 1973 (16 U.S.C. 1539(fK8)) is amended by adding at the end thereof the following subparagraph: Commerce and "(D) No person may, after January 31, 1984, sell or offer for trade. sale in interstate or foreign commerce, any pre-Act finished scrimshaw product unless such person holds a valid certificate of exemption issued by the Secretary under this subsection, and unless such product or the raw material for such product was held by such person on October 13,1982.". (d) Section 10(0 of the Endangered Species Act of 1973 (16 U.S.C. 1539(f)) is amended by striking paragraph (9). SEC. 1012. FEDERAL COST OF PROTECTING ENDANGERED SPECIES. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end thereof the following new section: ANNUAL COST ANALYSIS BY THE FISH AND WILDLIFE SERVICE Reports. "SEC. 18. On or before January 15, 1990, and each January 15 16 use 1544. thereafter, the Secretary of the Interior, acting through the Fish and Wildlife Service, shall submit to the C!ongress an annual report covering the preceding fiscal year which shall contain— "(1) an accounting on a species by species basis of all reason- ably identifiable Federal expenditures made primarily for the conservation of endangered or threatened species pursuant to this Act; and "(2) an accounting on a species by species basis of all reason- ably identifiable expenditures made primarily for the conserva- tion of endangered or threatened species pursuant to this Act by States receiving grants under section 6.".
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2315 SEC. 1013. TECHNICAL AMENDMENTS. (a) In section 2 of the Endangered Species Act of 1973 (16 U.S.C. 1531), strike "(G) other international agreements," and insert "(G) other international agreements; and". (b) In section ICKc) of the Endangered Species Act of 1973 (16 U.S.C. 1539), strike "notice," in the second sentence and insert "notice, of. (c) In section 10(eX3Xii) of the Endangered Species Act of 1973 (16 U.S.C. 1539), strike "lacking," and insert "lacing,". TITLE II—AFRICAN ELEPHANT African CONSERVATION cSvlion Act. SEC. 2001. SHORT TITLE. 16 USC 4201 This title may be cited as the "African Elephant (Donservation Act". SEC. 2002. STATEMENT OF PURPOSE. 16 USC 4201. The purpose of this title is to perpetuate healthy populations of African elephants. SEC. 2003. FINDINGS. 16 USC 4202. The (Dongress finds the following: (1) Elephant populations in Africa have declined at an alarm- ing 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 exist- ence 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 encour- age African countries to manage, conserve, and protect their African elephant populations. (6) The CITES Ivory Control System entered into force re- cently and should be allowed to continue in force for a reason- "^ able 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 ele- phant populations. (8) The United States, as a party to CITEIS and a large market for worked ivory, shares responsibility for supporting and im- plementing measures to stop the illegal trade in African ele-
102 STAT. 2316 PUBLIC LAW 100-478—OCT. 7, 1988 phant 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 ele- phant 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. 16 u s e 4203. SEC. 2004. 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. Research and PART I—AFRICAN ELEPHANT CONSERVATION development. ASSISTANCE 16 u s e 4211. SEC. 2101. PROVISION OF ASSISTANCE. (a) IN GENERAL.—The Secretary may provide financial assistance under this part 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 respon- sible 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 qualiHcations 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 nec- essary or appropriate for evaluating the eligibility of the project for funding under this title. (c) PROJECT REVIEW AND APPROVAL.—The Secretaiy 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 shsQl 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 scient^c information on African elephant habitat condition and carrying capacity,
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2317 total elephant numbers and population trends, or annual repro- duction 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 (C) to enhance compliance with the CITES Ivory Control Ivory. 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. SEC. 2102. AFRICAN ELEPHANT CONSERVATION FUND. 16 USC 4212. (a) EIsTABUSHMENT.—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 depos- ited into the Fund by the Secretary of the Treasury under subsec- tion Ot)). (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 which are not used to pay rewards under section 2205; (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. (c) USE.— (1) I N GENERAL.—Subject to paragraph (2), amounts in the Fund may be used by the Secretary, without further appropria- tion, to provide assistance under this part. (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) ACX:EPTANCE AND U S E OF DONATIONS.—The Secretary may accept and use donations of funds to provide assistance under this part. Amounts received by the Secretary in the form of such dona- tions shall be transferred by the Secretary to the Secretary of the Treasury for deposit into the Fund. SEC. 2103. 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 and an evaluation of those projects; and
102 STAT. 2318 PUBLIC LAW 100-478—OCT. 7, 1988 (4) an evaluation of African elephant populations and whether the CITES Ivory Control System is functioning effec- tively to control the illegal trade in African elephant ivory. Exports. PART II—MORATORIA AND PROHIBITED ACTS Imports. Ivory. SEC. 2201. REVIEW OF AFRICAN ELEPHANT CONSERVATION PROGRAMS. 16 u s e 4221. (a) I N GENERAL.—Within one month after the date of the enact- ment of this title, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by— Federal (1) publishing a notice in the Federal Register requesting Register, submission of such information to the Secretary by all in- publication. terested parties; and (2) submitting a written request for such information through the Secretary of State to each ivory producing country. Ot)) REVIEW AND DETERMINATION.— Federal (1) I N GENERAL.—^The Secretary shall review the African ele- Register, phant conservation p n ^ a m of each ivory producing country publication. and, not later than one year after the date of the enactment of this title, shall issue and publish in the Federal Register a determination of whether or not the country meets the follow- ing 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 canying capacity, total population and population trends, and the annual reproduc- tion 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 the date of the enactment of this title that there is insufficient information upon which to make the deter- mination under paragraph (1), the Secretary may delay issuing Federal the determination until no later than December 31, 1989. The Register, Secretary shall issue and publish in the Federal Register at the publication. time of the finding a statement explaining the reasons for any such delay. 16 u s e 4222. SEC. 2202. MORATORIA. (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(bXl).
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2319 (2) LATER ESTABLISHMENT.—With regard to any ivory produc- ing country for which the Secretary has insufficient information to m£ike a determination pursuant to section 2201(b), the Sec- retary shsdl 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(bXl). Ot)) INTERMEDIARY COUNTRIES.—The Secretary shall establish a moratorium on the importation of raw and worked ivory from an 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; (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 produc- ing 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) I N GENERAL.—Any person may a t 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 RUUNG.—The Secretary shall publish Federal a notice of receipt of a petition under this subsection in the Register, Federal Register and shall provide an opportunity for the public publication. to comment on the petition. The Secretary shall rule on such petition not later than 90 da3rs 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 l ^ a l l y 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 coun- try and is disposed of pursuant to the CITES Ivory Control System
102 STAT. 2320 PUBLIC LAW 100-478—OCT. 7, 1988 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 p u r p o s ^ 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 illegad dealings in ivory shall not benefit from the disposal of confiscated ivory. 16 u s e 4223. SEC. 2203. PROHIBITED ACTS. Except as provided in section 2202(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 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 u s e 4224. SEC. 2204. PENALTIES AND ENFORCEMENT. (a) CRIMINAL VIOLATIONS.—Whoever knowingly violates section 2203 shall, upon conviction, be fined under title 18, United States Code, or imprisoned for not more than one year, or both. 0)) CIVIL VIOLATIONS.—Whoever violates section 2203 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 col- lected under this section may be used by the Secretary of the Treasury to pay rewards under section 2205 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 Coast Guard is operating shall enforce this part in the same manner such Secretar- ies carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). Section 11(c) of the Endangered Species Act of 1973 (16 U.S.C. 1540(c)) shall apply to actions arising under this part. 16 u s e 4225. SEC. 2205. REWARDS. (a) I N 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.
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2321 (c) LIMITATION ON EUGIBILITY.—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 official duties shall not be eligible for a reward under this section. PART III—MISCELLANEOUS SEC. 2301. PERMISSION TO IMPORT OR EXPORT AFRICAN ELEPHANT IVORY. Section 9(d) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)) is amended to read as follows: "(d) IMPORTS AND EXPORTS.— Fish and fishing. "(1) I N GENERAL.—It is unlawful for any person, without first having obtained permission from the Secretary, to engage in business— "(A) as a n importer or exporter of fish or wildlife (other than shellfish and fishery products which (i) are not listed pursuant to section 4 of tlus Act as endangered species or threatened species, and (ii) are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes); or "(B) as an importer or exporter of any amount of raw or worked African elephant ivory. "(2) REQUIREMENTS.—Any person required to obtain permis- Records. sion under paragraph (1) of this subsection shall— "(A) keep such records as will fully and correctly disclose each importation or exportation of fish, wildlife, plants, or African elephant ivory made by him and the subsequent disposition made by him with respect to such fish, wildlife, plants, or ivory; "(B) at all reasonable times upon notice by a duly au- thorized representative of the Secretary, afford such rep- resentative access to his place of business, an opportunity to examine his inventory of imported fish, wildlife, plants, or African elephant ivory and the records required to be kept under subparagraph (A) of this paragraph, and to copy such records; and "(C) file such reports as the Secretary may require. "(3) REGULATIONS.—The Secretary shall prescribe such regu- lations as are necessary and appropriate to carry out the pur- poses of tliis subsection. "(4) RESTRICTION ON CONSIDERATION OF VALUE OR AMOUNT OF AFRICAN ELEPHANT IVORY IMPORTED OR EXPORTED.—In granting permission under this subsection for importation or exportation of African elephant ivory, the Secretary shall not vary the requirements for obtaining such permission on the basis of the value or amount of ivory imported or exported under such permission.". SEC. 2302. RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973. 16 USC 4241. The authority of the Secretary under this title is in addition to and shall not affect the authority of the Secretary under the Endan- gered 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.).
102 STAT. 2322 PUBLIC LAW 100-478—OCT. 7, 1988 SEC. 2303. 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(aX2) of the Act of August 27, 1954 (22 U.S.C. 1978), to be diminishing the effectiveness of an inter- national program for endangered or threatened species. Imports. SEC. 2304. EFFECTIVENESS OF CITES. 16 use 4243. 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 im- portation of elephant ivory into the United States. 16 u s e 4244. SEC. 2305. 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 Inter- national 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 Conserva- tion Fund established by section 2102; (5) the terms "import" and "importation" have the meanings such terms have in the Endangered Species Act of 1973 (16 U.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 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 North- e m Mariana Islands, the Ck)mmonwealth 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.
PUBLIC LAW 100-478—OCT. 7, 1988 102 STAT. 2323 SEC. 2306. AUTHORIZATION OF APPROPRIATIONS. 16 USC 4245. 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 1989, 1990, 1991, 1992, and 1993 to carry out this title, to remain available until expended. Approved October 7, 1988. LEGISLATIVE HISTORY—H.R. 1467 (S. 675): HOUSE REPORTS: No. 100-467 (Comm. on Merchant Marine and Fisheries) and No. 100-928 (Comm. of Conference). SENATE REPORTS: No. 100-240 accompanying S. 675 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 133 a987): Dec. 11, 17, considered and passed House. Vol. 134 (1988): July 25, S. 675 considered in Senate. July 28, H.R. 1467 considered and passed Senate, amended, in lieu of S. 675. Sept. 15, Senate agreed to conference report. Sept. 26, House agreed to conference report.