Union Calendar No. 411

103D CONGRESS

2D SESSION H. R. 4924

[Report No. 103–748]

A BILL

To assist in the conservation of rhinoceros and tiSecretariat. noceros and tiger populations, and of the CITES whose activities directly or indirectly affect rhi- sources for the conservation programs of nations gers by supporting and providing financial reSEPTEMBER 26, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 411

103D CONGRESS

2D SESSION H. R. 4924

[Report No. 103–748]

To assist in the conservation of rhinoceros and tigers by supporting and

providing financial resources for the conservation programs of nations

whose activities directly or indirectly affect rhinoceros and tiger populations, and of the CITES Secretariat.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 9, 1994

Mr. FIELDS of Texas (for himself, Mr. STUDDS, and Mr. BEILENSON) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

SEPTEMBER 26, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To assist in the conservation of rhinoceros and tigers by

supporting and providing financial resources for the conservation programs of nations whose activities directly

or indirectly affect rhinoceros and tiger populations, and

of the CITES Secretariat.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Rhinoceros and Tiger

3 Conservation Act of 1994’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) The world’s rhinoceros population is declin7 ing at an alarming rate, a 90 percent decline since

8 1970.

9 (2) All 5 subspecies of tiger are currently

10 threatened with extinction in the wild, with approxi11 mately 5,000 to 6,000 tigers remaining worldwide.

12 (3) All rhinoceros species have been listed on

13 Appendix I of CITES since 1977.

14 (4) All tiger subspecies have been listed on Ap15 pendix I of CITES since 1987.

16 (5) The tiger and all rhinoceros species, except

17 the southern subspecies of white rhinoceros, are list18 ed as endangered species under the Endangered

19 Species Act of 1973 (16 U.S.C. 1531 et seq.).

20 (6) In 1987, the parties to CITES adopted a

21 resolution that urged all parties to establish a mora22 torium on the sale and trade in rhinoceros products

23 (other than legally taken trophies), to destroy gov24 ernment stockpiles of rhinoceros horn, and to exert

25 pressure on countries continuing to allow trade in

26 rhinoceros products.
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1 (7) On September 7, 1993, under section 8 of

2 the Fishermen’s Protective Act of 1967 (22 U.S.C.

3 1978) the Secretary certified that the People’s Re4 public of China and Taiwan were engaged in trade

5 of rhinoceros parts and tiger parts that diminished

6 the effectiveness of an international conservation

7 program for that endangered species.

8 (8) On September 9, 1993, the Standing Com9 mittee of CITES, in debating the continuing prob10 lem of trade in rhinoceros horn and tiger parts,

11 adopted a resolution urging parties to CITES to im12 plement stricter domestic measures, up to and in13 cluding an immediate prohibition in trade in wildlife

14 species.

15 (9) On November 8, 1993, under section 8 of

16 the Fisherman’s Protection Act of 1967 (22 U.S.C.

17 1978), the President announced that the United

18 States would impose trade sanctions against China

19 and Taiwan unless substantial progress was made by

20 March 1994 towards ending trade in rhinoceros and

21 tiger products.

22 (10) On April 11, 1994, under section 8 of the

23 Fisherman’s Protective Act of 1967 (22 U.S.C.

24 1978), the President—
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1 (A) directed that imports of wildlife speci2 mens and products from Taiwan be prohibited,

3 in response to Taiwan’s failure to undertake

4 sufficient actions to stop illegal rhinoceros and

5 tiger trade; and

6 (B) indicated that the certification of

7 China would remain in effect and directed that

8 additional monitoring of China’s progress be

9 undertaken.

10 SEC. 3. PURPOSES.

11 The purposes of this Act are the following:

12 (1) To assist in the conservation of rhinoceros

13 and tigers by supporting the conservation programs

14 of nations whose activities directly or indirectly af15 fect rhinoceros and tiger populations, and the

16 CITES Secretariat.

17 (2) To provide financial resources for those

18 programs.

19 SEC. 4. DEFINITIONS.

20 In this Act—

21 (1) ‘‘CITES’’ means the Convention on Inter22 national Trade in Endangered Species of Wild

23 Fauna and Flora, signed on March 3, 1973, and its

24 appendices;
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1 (2) ‘‘conservation’’ means the use of all meth2 ods and procedures necessary to bring rhinoceros

3 and tigers to the point at which there are sufficient

4 populations to ensure that those species do not be5 come extinct, including all activities associated with

6 scientific resource management, such as research,

7 census, law enforcement, habitat protection, acquisi8 tion, and management, propagation, live trapping,

9 and transportation;

10 (3) ‘‘Fund’’ means the Rhinoceros and Tiger

11 Conservation Fund established under section 6(a);

12 and

13 (4) ‘‘Secretary’’ means the Secretary of the

14 Interior.

15 SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSIST16 ANCE.

17 (a) IN GENERAL.—The Secretary, subject to the

18 availability of appropriations, shall use amounts in the

19 Fund to provide financial assistance for projects for the

20 conservation of rhinoceros and tigers.

21 (b) PROJECT PROPOSAL.—A country whose activities

22 directly or indirectly affect rhinoceros or tiger populations,

23 the CITES Secretariat, or any other person may submit

24 to the Secretary a project proposal under this section.

25 Each proposal shall—
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1 (1) name the individual responsible for conduct2 ing the project;

3 (2) state the purposes of the project succinctly;

4 (3) describe the qualifications of the individuals

5 who will conduct the project;

6 (4) estimate the funds and time required to

7 complete the project;

8 (5) provide evidence of support of the project by

9 appropriate governmental entities of countries in

10 which the project will be conducted, if the Secretary

11 determines that the support is required for the suc12 cess of the project; and

13 (6) provide any other information the Secretary

14 considers to be necessary for evaluating the eligi15 bility of the project for funding under this Act.

16 (c) PROJECT REVIEW AND APPROVAL.—The Sec17 retary shall review each project proposal to determine if

18 it meets the criterion set forth in subsection (d). Not later

19 than 6 months after receiving a final project proposal, and

20 subject to the availability of funds, the Secretary shall ap21 prove or disapprove the proposal and provide written noti22 fication to the person who submitted the proposal and to

23 each country within which the project is to be conducted.

24 (d) CRITERION FOR APPROVAL.—The Secretary may

25 approve a project under this section if the project will en-
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1 hance programs for conservation of rhinoceros or tigers

2 by—

3 (1) assisting efforts—

4 (A) to implement conservation programs;

5 and

6 (B) to enhance compliance with provisions

7 of CITES and laws of the United States or a

8 foreign country that prohibit or regulate the

9 taking or trade of rhinoceros or tigers or the

10 use of rhinoceros or tiger habitat; or

11 (2) developing sound scientific information on

12 that species’ habitat condition and carrying capacity,

13 total numbers and population trends, or annual re14 production and mortality.

15 (e) PROJECT REPORTING.—Each person that re16 ceives assistance under this section for a project shall pro17 vide periodic reports to the Secretary as the Secretary con18 siders necessary. Each report shall include all information

19 requested by the Secretary for evaluating the progress and

20 success of the project.

21 SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

22 (a) ESTABLISHMENT.—There is established in the

23 general fund of the Treasury a separate account to be

24 known as the ‘‘Rhinoceros and Tiger Conservation Fund’’,
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1 which shall consist of amounts deposited into the Fund

2 by the Secretary of the Treasury under subsection (b).

3 (b) DEPOSITS INTO THE FUND.—The Secretary of

4 the Treasury shall deposit into the Fund—

5 (1) all amounts received by the Secretary in the

6 form of donations under subsection (d); and

7 (2) other amounts appropriated to the Fund.

8 (c) USE.—

9 (1) IN GENERAL.—Subject to paragraph (2),

10 the Secretary may use amounts in the Fund without

11 further appropriation to provide assistance under

12 section 5.

13 (2) ADMINISTRATION.—Of amounts in the

14 Fund available for each fiscal year, the Secretary

15 may use not more than 3 percent to administer the

16 Fund.

17 (d) ACCEPTANCE AND USE OF DONATIONS.—The

18 Secretary may accept and use donations to provide assist19 ance under section 5. Amounts received by the Secretary

20 in the form of donations shall be transferred to the Sec21 retary of the Treasury for deposit into the Fund.

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated to the Fund

24 $10,000,000 for each of fiscal years 1996, 1997, 1998,
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1 1999, and 2000 to carry out this Act, to remain available

2 until expended.