
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-112 Section 1]
[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 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.''
