16 U.S.C. § 4202: Findings

Summary

Congress finds that African elephant numbers have dropped sharply since the mid-1970's. A large illegal trade in African elephant ivory is the main cause and puts the species at risk. The African elephant is listed as threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and continued loss would make things worse. African and Asian ivory look the same, so the ivory trade could also hurt 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. To fight illegal trade, CITES parties created the CITES Ivory Control System, which recently took effect and should run for a reasonable time to see if it works. Many African countries lack enough money or resources to protect elephants, and the United States, as a CITES party and a large market for worked ivory, must help stop illegal trade and support conservation. There is no evidence sport hunting causes the poaching behind the illegal ivory trade, and well-managed, legal use of elephants can provide funding for conservation.

Title 16, §4202

Conservation, Source: USLM XML via OLRC

The Congress finds the following:

(1)Elephant populations in Africa have declined at an alarming 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 existence 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 encourage African countries to manage, conserve, and protect their African elephant populations.

(6)The CITES Ivory Control System entered into force recently and should be allowed to continue in force for a reasonable 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 elephant populations.

(8)The United States, as a party to CITES and a large market for worked ivory, shares responsibility for supporting and implementing measures to stop the illegal trade in African elephant 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 elephant 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in par. (3), 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.

§4202 Findings