
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
