Page:United States Statutes at Large Volume 102 Part 3.djvu/366

 102 STAT. 2318

PUBLIC LAW 100-478—OCT. 7, 1988 (4) an evaluation of African elephant populations and whether the CITES Ivory Control System is functioning effectively to control the illegal trade in African elephant ivory.

Exports. Imports. Ivory. 16 USC 4221.

Federal Register, publication.

PART II—MORATORIA AND PROHIBITED ACTS SEC. 2201. REVIEW OF AFRICAN ELEPHANT CONSERVATION PROGRAMS.

(a) IN GENERAL.—Within one month after the date of the enactment of this title, 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.—

Federal Register, publication.

Federal Register, publication. 16 USC 4222.

(1) IN GENERAL.—The Secretary shall review the African elephant conservation p n ^ a m of each ivory producing country and, not later than one year after the date of the enactment of this title, 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 the date of the enactment of this title 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. SEC. 2202. MORATORIA. (a) IVORY PRODUCING COUNTRIES.—

(1) IN GENERAL.—The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the country does not meet all the criteria set forth in section 2201(b)(l).

�