Title 16 — ConservationRelease 119-73

§4221 Review of African elephant conservation programs

Title 16 › Chapter CHAPTER 62— - AFRICAN ELEPHANT CONSERVATION › Subchapter SUBCHAPTER II— - MORATORIA AND PROHIBITED ACTS › § 4221

Last updated Apr 6, 2026|Official source

Summary

Within one month after October 7, 1988, the Secretary must ask for information about each ivory‑producing country's elephant conservation program. The request must be put in the Federal Register asking anyone interested to send information, and a written request must be sent to each ivory‑producing country through the Secretary of State. Within one year after October 7, 1988, the Secretary must review each program and publish a finding in the Federal Register saying whether the country meets five criteria. The criteria include being a party to CITES and following its Ivory Control System; using the best available data on habitat, carrying capacity, population size and trends, and births and deaths; controlling and monitoring elephant taking; setting ivory quotas from those data and accounting for domestic use or seizures; and not exporting raw ivory beyond its CITES quota. If there is not enough information, the Secretary may delay the decision until no later than December 31, 1989, and must publish an explanation when doing so.

Full Legal Text

Title 16, §4221

Conservation — Source: USLM XML via OLRC

(a)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)(1)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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4221

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73