Page:United States Statutes at Large Volume 112 Part 5.djvu/201

 PUBLIC LAW 105-312—OCT. 30, 1998 112 STAT. 2959 after notice and opportunity for public comment, a policy for making appointments under section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)( 1)(D)). TITLE IV—RHINOCEROS AND TIGER Rhinoce ros and CONSERVATION cSrvationAct of 1998. SEC. 401. SHORT TITLE. 16 USC 5301 This title may be cited as the "Rhinoceros and Tiger Conservation Act of 1998". SEC. 402. FINDINGS. 16 USC 5301 Congress finds that— (1) the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline; (2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this title as "CITES"); (3) the Parties to CITES have adopted several resolutions— (A) relating to the conservation of tigers (Conf 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and (B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; (4) a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; (5) there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and (6) legislation is required to ensure that— (A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and (B) efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally. SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the end the following:

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