I
103D CONGRESS
2D SESSION
H. R. 3987
To provide for conservation of rhinoceros and tigers.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1994
Mr. FIELDS of Texas (for himself, Mr. STUDDS, and Mr. BEILENSON) intro-
duced the following bill; which was referred jointly to the Committees on
Merchant Marine and Fisheries and Ways and Means
A BILL
To provide for conservation of rhinoceros and tigers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rhinoceros and Tiger
Conservation Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world’s rhinoceros population is declin-
ing at an alarming rate, a 90 percent decline since
1970.
(2) All rhinoceros species have been listed on
Appendix I of CITES since 1977.
(3) All rhinoceros species, except the southern
subspecies of white rhinoceros, are listed as endan-
gered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(4) In 1987, the parties to CITES adopted a
resolution that urged all parties to establish a mora-
torium on the sale and trade in rhinoceros products
(other than legally taken trophies), to destroy gov-
ernment stockpiles of rhinoceros horn, and to exert
pressure on countries continuing to allow trade in
rhinoceros products.
(5) On September 7, 1993, under section 8 of
the Fishermen’s Protective Act of 1967 (22 U.S.C.
1978) the Secretary certified that the People’s Re-
public of China and Taiwan were engaged in trade
of rhinoceros parts and tiger parts that diminished
the effectiveness of an international conservation
program for that endangered species.
(6) On September 9, 1993, the Standing Com-
mittee of CITES, in debating the continuing prob-
lem of trade in rhinoceros horn, adopted a resolution
urging parties to CITES to implement stricter do-
mestic measures, up to and including an immediate
prohibition in trade in wildlife species.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros
and tigers by supporting the conservation programs
of nations whose activities affect rhinoceros and
tiger populations, and the CITES Secretariat.
(2) To provide financial resources for those
programs.
SEC. 4. DEFINITIONS.
In this Act—
(1) ‘‘CITES’’ means the Convention on Inter-
national Trade in Endangered Species of Wild
Fauna and Flora, signed on March 3, 1973, and its
appendices;
(2) ‘‘conservation’’ means the use of all meth-
ods and procedures necessary to bring rhinoceros
and tigers to the point at which there are sufficient
populations to ensure that those species do not be-
come extinct, including all activities associated with
scientific resource management, such as research,
census, law enforcement, habitat acquisition and
maintenance, propagation, live trapping, and trans-
portation;
(3) ‘‘fish products’’ means any aquatic species
(including marine mammals and plants) exported
from a country and all products and parts thereof,
whether taken by fishing vessels of that country, or
packed, processed, or otherwise prepared for export
in that country or within its jurisdiction;
(4) ‘‘Fund’’ means the Rhinoceros and Tiger
Conservation Fund established under section 6(a);
(5) ‘‘Secretary’’ means the Secretary of the In-
terior; and
(6) ‘‘wildlife products’’ means any wild animal
(other than an aquatic species which is a fish prod-
uct) taken within a country and all products and
parts thereof (including eggs), whether packed, proc-
essed, or otherwise prepared for export in that coun-
try or within its jurisdiction. This term does not in-
clude any wild animal or fish if brought or imported
into the United States for scientific research or any
legally taken sport-hunted trophies.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSIST-
ANCE.
(a) IN GENERAL.—The Secretary, subject to the
availability of appropriations, shall use amounts in the
Fund to provide financial assistance for projects for the
conservation of rhinoceros and tigers.
(b) PROJECT PROPOSAL.—A country whose activities
affect rhinoceros or tiger populations, the CITES Sec-
retariat, or any other person may submit to the Secretary
a project proposal under this section. Each proposal
shall—
(1) name the individual responsible for conduct-
ing the project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals
who will conduct the project;
(4) estimate the funds and time required to
complete the project;
(5) provide evidence of support of the project by
appropriate governmental entities of countries in
which the project will be conducted, if the Secretary
determines that the support is required for the suc-
cess of the project; and
(6) provide any other information the Secretary
considers to be necessary for evaluating the eligi-
bility of the project for funding under this Act.
(c) PROJECT REVIEW AND APPROVAL.—The Sec-
retary shall review each project proposal to determine if
it meets the criterion set forth in subsection (d). Not later
than 6 months after receiving a project proposal, and sub-
ject to the availability of funds, the Secretary shall ap-
prove or disapprove the proposal and provide written noti-
fication to the person who submitted the proposal and to
each country within which the project is to be conducted.
(d) CRITERION FOR APPROVAL.—The Secretary may
approve a project under this section if the project will en-
hance programs or activities for the conservation of rhi-
noceros or tigers.
(e) PROJECT REPORTING.—Each person that re-
ceives assistance under this section for a project shall pro-
vide periodic reports to the Secretary as the Secretary con-
siders necessary. Each report shall include all information
requested by the Secretary for evaluating the progress and
success of the project.
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) ESTABLISHMENT.—There is established in the
general fund of the Treasury a separate account to be
known as the ‘‘Rhinoceros and Tiger Conservation Fund’’,
which shall consist of amounts deposited into the Fund
by the Secretary of the Treasury under subsection (b).
(b) DEPOSITS INTO THE FUND.—The Secretary of
the Treasury shall deposit into the Fund—
(1) all amounts received by the Secretary in the
form of donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) USE.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary may use amounts in the Fund without
further appropriation to provide assistance under
section 5.
(2) ADMINISTRATION.—Of amounts in the
Fund available for each fiscal year, the Secretary
may use not more than 6 percent to administer the
Fund.
(d) ACCEPTANCE AND USE OF DONATIONS.—The
Secretary may accept and use donations to provide assist-
ance under section 5. Amounts received by the Secretary
in the form of donations shall be transferred to the Sec-
retary of the Treasury for deposit into the Fund.
SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES.
(a) INITIAL REVIEW AND CERTIFICATION.—Not later
than 30 days after the date of the enactment of this Act,
the Secretary shall—
(1) review all foreign countries whose activities
affect rhinoceros or tiger populations; and
(2) if the Secretary finds that any citizen of a
foreign country, directly or indirectly, is engaging in
trade in products made from rhinoceros or tigers, or
in another activity that adversely affects rhinoceros
or tiger conservation, certify that fact to the Presi-
dent.
(b) CONSULTATION.—Not later than 30 days after
the date of a certification under subsection (a)(2) with re-
spect to a foreign country, the President shall enter into
consultations with the government of the country that the
certification has been made.
(c) MORATORIUM ON IMPORTATION.—
(1) DIRECTION TO ESTABLISH.—Not later than
60 days after the date of a certification under sub-
section (a)(2) with respect to a foreign country, if
consultations under subsection (b) are not satisfac-
torily concluded with the country the President shall
direct the Secretary of the Treasury to establish a
moratorium on the importation of all fish products
and wildlife products from the country.
(2) IMPLEMENTATION.—The Secretary of the
Treasury shall establish and implement a morato-
rium pursuant to the direction of the President
under paragraph (1), by not later than 45 days after
the date the President directs the Secretary of the
Treasury to establish the moratorium.
(3) PUBLIC
NOTICE.—The Secretary of the
Treasury shall provide public notice of a moratorium
under this subsection before implementing the mora-
torium.