Title 16ConservationRelease 119-73not60

§4221 Review of African Elephant Conservation Programs

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

Last updated Apr 5, 2026|Official source

Summary

Within one month after October 7, 1988, the Secretary must ask for information about each ivory-producing country’s African elephant program. The Secretary must publish a notice in the Federal Register 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 on whether the country meets five main rules: it is a party to CITES and follows the CITES ivory controls; it uses the best available data and is quickly gathering information on habitat, carrying capacity, total population and trends, and annual births and deaths; elephant taking is well controlled and monitored; its ivory quota is based on that data and counts ivory seized or used at home; and it has not exported raw ivory beyond its quota. If there is not enough information, the Secretary may delay the decision but must explain the delay and must make the decision by December 31, 1989.

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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60