II

103D CONGRESS

2D SESSION S. 1925

To provide for the conservation of rhinoceros and tigers, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 11 (legislative day, FEBRUARY 22), 1994

Mr. JEFFORDS introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To provide for the conservation of rhinoceros and tigers,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

5 Conservation Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) The world’s rhinoceros population is declin9 ing at an alarming rate, a 90 percent decline since

10 1970.
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1 (2) All rhinoceros species have been listed on

2 Appendix I of CITES since 1977.

3 (3) All rhinoceros species, except the southern

4 subspecies of white rhinoceros, are listed as endan5 gered species under the Endangered Species Act of

6 1973 (16 U.S.C. 1531 et seq.).

7 (4) In 1987, the parties to CITES adopted a

8 resolution that urged all parties to establish a mora9 torium on the sale and trade in rhinoceros products

10 (other than legally taken trophies), to destroy gov11 ernment stockpiles of rhinoceros horn, and to exert

12 pressure on countries continuing to allow trade in

13 rhinoceros products.

14 (5) On September 7, 1993, under section 8 of

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

16 1978), the Secretary certified that the People’s Re17 public of China and Taiwan were engaged in trade

18 of rhinoceros parts and tiger parts that diminished

19 the effectiveness of an international conservation

20 program for that endangered species.

21 (6) On September 9, 1993, the Standing Com22 mittee of CITES, in debating the continuing prob23 lem of trade in rhinoceros horn, adopted a resolution

24 urging parties to CITES to implement stricter do-
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1 mestic measures, up to and including an immediate

2 prohibition in trade in wildlife species.

3 SEC. 3. PURPOSES.

4 The purposes of this Act are the following:

5 (1) To assist in the conservation of rhinoceros

6 and tigers by supporting the conservation programs

7 of nations whose activities affect rhinoceros and

8 tiger populations, and the CITES Secretariat.

9 (2) To provide financial resources for those pro10 grams.

11 SEC. 4. DEFINITIONS.

12 As used in this Act:

13 (1) CITES.—The term ‘‘CITES’’ means the

14 Convention on International Trade in Endangered

15 Species of Wild Fauna and Flora, signed on March

16 3, 1973, and appendices of the Convention.

17 (2) CONSERVATION.—The term ‘‘conservation’’

18 means the use of all methods and procedures nec19 essary to bring rhinoceros and tigers to the point at

20 which there are sufficient populations to ensure that

21 those species do not become extinct, including all ac22 tivities associated with scientific resource manage23 ment, such as research, census, law enforcement,

24 habitat acquisition and maintenance, propagation,

25 live trapping, and transportation.
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1 (3) FISH PRODUCTS.—The term ‘‘fish prod2 ucts’’ means any aquatic species (including marine

3 mammals and plants) exported from a country and

4 all products and parts of the species, whether taken

5 by fishing vessels of the country, or packed, proc6 essed, or otherwise prepared for export in the coun7 try or within the jurisdiction of the country.

8 (4) FUND.—The term ‘‘Fund’’ means the Rhi9 noceros and Tiger Conservation Fund established

10 under section 6(a).

11 (5) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of the Interior.

13 (6) WILDLIFE PRODUCTS.—The term ‘‘wildlife

14 products’’ means any wild animal (other than an

15 aquatic species that is a fish product) taken within

16 a country and all products and parts of the animal

17 (including eggs), whether packed, processed, or oth18 erwise prepared for export in the country or within

19 the jurisdiction of the country. The term does not

20 include any wild animal or fish if brought or im21 ported into the United States for scientific research

22 or any legally taken sport-hunted trophies.
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1 SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSIST2 ANCE.

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

4 availability of appropriations, shall use amounts in the

5 Fund to provide financial assistance for projects for the

6 conservation of rhinoceros and tigers.

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

8 affect rhinoceros or tiger populations, the CITES Sec9 retariat, or any other person may submit to the Secretary

10 a project proposal under this section. Each proposal

11 shall—

12 (1) name the individual responsible for conduct13 ing the project;

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

15 (3) describe the qualifications of the individuals

16 who will conduct the project;

17 (4) estimate the funds and time required to

18 complete the project;

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

20 appropriate governmental entities of countries in

21 which the project will be conducted, if the Secretary

22 determines that the support is required for the suc23 cess of the project; and

24 (6) provide any other information the Secretary

25 considers to be necessary for evaluating the eligi26 bility of the project for funding under this Act.
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1 (c) PROJECT REVIEW AND APPROVAL.—The Sec2 retary shall review each project proposal to determine if

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

4 than 180 days after receiving a project proposal, and sub5 ject to the availability of funds, the Secretary shall ap6 prove or disapprove the proposal and provide written noti7 fication to the person who submitted the proposal and to

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

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

10 approve a project under this section if the project will en11 hance programs or activities for the conservation of rhi12 noceros or tigers.

13 (e) PROJECT REPORTING.—Each person that re14 ceives assistance under this section for a project shall pro15 vide periodic reports to the Secretary as the Secretary con16 siders necessary. Each report shall include all information

17 requested by the Secretary for evaluating the progress and

18 success of the project.

19 SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

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

21 general fund of the Treasury a separate account to be

22 known as the ‘‘Rhinoceros and Tiger Conservation Fund’’,

23 which shall consist of amounts deposited into the Fund

24 by the Secretary of the Treasury under subsection (b).
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1 (b) DEPOSITS INTO THE FUND.—The Secretary of

2 the Treasury shall deposit into the Fund—

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

4 form of donations under subsection (d); and

5 (2) other amounts appropriated to the Fund.

6 (c) USE.—

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

8 the Secretary may use amounts in the Fund without

9 further appropriation to provide assistance under

10 section 5.

11 (2) ADMINISTRATION.—Of amounts in the

12 Fund available for each fiscal year, the Secretary

13 may use not more than 6 percent to administer the

14 Fund.

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

16 Secretary may accept and use donations to provide assist17 ance under section 5. Amounts received by the Secretary

18 in the form of donations shall be transferred to the Sec19 retary of the Treasury for deposit into the Fund.

20 SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES.

21 (a) INITIAL REVIEW AND CERTIFICATION.—Not later

22 than 30 days after the date of the enactment of this Act,

23 the Secretary shall—

24 (1) review all foreign countries whose activities

25 affect rhinoceros or tiger populations; and
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1 (2) if the Secretary finds that any citizen of a

2 foreign country, directly or indirectly, is engaging in

3 trade in products made from rhinoceros or tigers, or

4 in another activity that adversely affects rhinoceros

5 or tiger conservation, certify that fact to the Presi6 dent.

7 (b) CONSULTATION.—Not later than 30 days after

8 the date of a certification under subsection (a)(2) with re9 spect to a foreign country, the President shall enter into

10 consultations with the government of the country that the

11 certification has been made.

12 (c) MORATORIUM ON IMPORTATION.—

13 (1) DIRECTION TO ESTABLISH.—Not later than

14 60 days after the date of a certification under sub15 section (a)(2) with respect to a foreign country, if

16 consultations under subsection (b) are not satisfac17 torily concluded with the country, the President shall

18 direct the Secretary of the Treasury to establish a

19 moratorium on the importation of all fish products

20 and wildlife products from the country.

21 (2) IMPLEMENTATION.—The Secretary of the

22 Treasury shall establish and implement a morato23 rium pursuant to the direction of the President

24 under paragraph (1), by not later than 45 days after
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1 the date the President directs the Secretary of the

2 Treasury to establish the moratorium.

3 (3) PUBLIC NOTICE.—The Secretary of the

4 Treasury shall provide public notice of a moratorium

5 under this subsection before implementing the mora6 torium.

7 (4) SUBSEQUENT REVIEW.—The Secretary

8 shall periodically review the activities of citizens of

9 a foreign country with respect to which a certifi10 cation is made under subsection (a)(2) to determine

11 if the reasons for making the certification no longer

12 exist.

13 (5) TERMINATION OF MORATORIUM.—If, after

14 notice and public comment, the Secretary determines

15 that the reasons for making a certification under

16 subsection (a)(2) with respect to a foreign country

17 no longer exist, the Secretary of the Treasury shall

18 terminate a moratorium established for the country

19 under this subsection.

20 (d) ADDITIONAL ECONOMIC SANCTIONS.—

21 (1) DETERMINATION OF EFFECTIVENESS OF

22 MORATORIUM.—Not later than 180 days after the

23 date of a certification under subsection (a)(2) with

24 respect to a foreign country, the Secretary shall de25 termine whether a moratorium under subsection (c)
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1 is insufficient to cause the foreign country to im2 prove the efforts of the country for the conservation

3 of rhinoceros or tigers, as appropriate.

4 (2) CERTIFICATION.—The Secretary shall cer5 tify to the President each affirmative determination

6 under paragraph (1) with respect to a foreign coun7 try.

8 (3) EFFECT OF CERTIFICATION.—Certification

9 by the Secretary under paragraph (2) is deemed to

10 be a certification under section 8(a) of the Fisher11 men’s Protective Act of 1967 (22 U.S.C. 1978(a)).

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to the Fund

14 $10,000,000 for each of fiscal years 1995 through 1999

15 to carry out this Act, to remain available until expended.

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