Title 16, ConservationRelease 119-110

§4221 Review of African Elephant Conservation Programs

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

Last updated Sep 22, 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 Secretary must publish a notice in the Federal Register asking anyone interested to send information and also send a written request through the Secretary of State to each ivory-producing country. The Secretary must review each program and, no later than one year after October 7, 1988, publish a decision in the Federal Register saying whether the country meets five tests: it is a member of CITES and follows the CITES Ivory Control System; its program uses the best available information and is quickly gathering data on habitat, carrying capacity, total population and trends, and yearly births and deaths; elephant taking is properly controlled and monitored; its ivory quota is based on that information and matches the amount confiscated or used inside the country; and it has not allowed exports of raw ivory that exceed its CITES quota. If there is not enough information within one year, the Secretary may delay the decision until December 31, 1989, but must publish an explanation when doing so.

Full Legal Text

Title 16, §4221

Conservation, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4221

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110