§ 5301 Findings · 119-93

§ 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)

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)

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)

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)

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.

Source

(Pub. L. 103–391, § 2,

Oct. 22, 1994

, 108 Stat. 4094.)

Notes

Editorial Notes

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, which is classified generally to chapter 35 (§ 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.

Statutory Notes and Related Subsidiaries

Short Title of 2002 Amendment

Pub. L. 107–112, § 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, § 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

Pub. L. 103–391, § 1,

Oct. 22, 1994

, 108 Stat. 4094, 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, § 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—