A bill to authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1988, 1989, 1990, 1991, and 1992.
PL 100-478 (H.R.1467), enacted 10/07/1988

102 STAT. 2306 
PUBLIC LAW 100-478—OCT. 7, 1988 
Public Law 100-478 
100th Congress 
An Act 
Oct. 7, 1988 
To authorize appropriations to carry out the Endangered Species Act of 1973 during 
[H.R. 1467] 
fiscal 
years 1988, 1989, 1990, 1991, and 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Wildlife. 
United States of America in Congress assembled. 
Conservation. 
TITLE I—ENDANGERED SPECIES ACT 
AMENDMENTS OF 1988 
SEC. 1001. DEFINITIONS. 
(a) DEFINITION OF PERSON.—Paragraph (13) of section 3 of the 
Endangered Species Act (16 U.S.C. 1532) is amended to read as 
follows: 
"(13) The term 'person' means an individual, corporation, part-
nership, trust, association, or any other private entity; or any 
officer, employee, agent, department, or instrumentality of the 
Federal Government, of any State, municipality, or political 
subdivision of a State, or of any foreign government; any State, 
municipality, or political subdivision of a State; or any other 
entity subject to the jurisdiction of the United States.". 
Qo) DEFINITION OF SECRETARY.—Paragraph (15) of section 3 of the 
Endangered Species Act (16 U.S.C. 1532) is amended by inserting 
"also" before means the Secretary of Agriculture". 
SEC. 1002. LISTING. 
(a) CANDIDATE SPECIES.—Subparagraph (C) of section 4(bX3) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(bX3XC)) is amended 
by adding at the end thereof the following clause: 
"(iii) The Secretary shall implement a system to monitor effec-
tively the status of all species with respect to which a finding is 
made under subparagraph (BXiii) and shall make prompt use of the 
authority under parsigraph 7 to prevent a significant risk to the well 
being of any such species.". 
(b) SIMILARITY OF APPEARANCE.—Subsection (e) of such section 4 
(16 U.S.C. 1533(e)) is amended by striking out "regulation," and 
inserting in lieu thereof "regulation of commerce or taking,". 
SEC. 1003. RECOVERY PLANS. 
Section 4(f) of the Endangered Species Act (16 U.S.C. 1533(f)) is 
amended to read as follows: 
"(fKl) RECOVERY PLANS.—The Secretary shall develop and imple-
ment plans (hereinafter in this subsection referred to as 'recovery 
plans') for the conservation and survival of endangered species and 
threatened species listed pursuant to this section, unless he finds 
that such a plan will not promote the conservation of the species. 
The Secretary, in developing and implementing recovery plans, 
shall, to the maximum extent practicable— 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2307 
"(A) give priority to those endangered species or threatened 
species, without regard to taxonomic classification, that are 
most likely to benefit from such plans, particularly those species 
that are, or may be, in conflict with construction or other 
development projects or other forms of economic activity; 
"(B) incorporate in each plan— 
"(i) a description of such site-specific management actions 
as may be necessary to achieve the plan's goal for the 
conservation and survival of the species; 
"(ii) objective, measurable criteria which, when met, 
would result in a determination, in accordance with the 
provisions of this section, that the species be removed from 
the list; and 
"(iii) estimates of the time required and the cost to carry 
out those measures needed to achieve the plan's goal and to 
achieve intermediate steps toward that goal. 
"(2) The Secretary, in developing and implementing recovery 
plans, may procure the services of appropriate public and private 
agencies and institutions, and other qualified persons. Recovery 
teams appointed pursuant to this subsection shall not be subject to 
the Federal Advisory Committee Act. 
"(3) The Secretary shall report every two years to the Committee 
on Environment and Public Works of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives on the status of efforts to develop and implement 
recovery plans for all species listed pursuant to this section and on 
the status of all species for which such plans have been developed. 
"(4) The Secretary shall, prior to final approval of a new or revised 
recovery plan, provide public notice and an opportunity for public 
review and comment on such plan. The Secretary shall consider all 
information presented during the public comment period prior to 
approval of the plan. 
"(5) Each Federal agency shall, prior to implementation of a new 
or revised recovery plan, consider all information presented during 
the public comment period under paragraph (4).". 
SEC. 1004. MONITORING OF RECOVERED SPECIES. 
Section 4 of the Endangered Species Act (16 U.S.C. 1533) is 
amended by redesignating subsections (g) and (h) as subsections (h) 
and (i) and by inserting the following new subsection: 
"(g) MONITORING.—(1) The Secretary shall implement a system in 
cooperation with the States to monitor effectively for not less than 
five years the status of all species which have recovered to the point 
at which the measures provided pursuant to this Act are no longer 
necessary and which, in accordance with the provisions of this 
section, have been removed from either of the lists published under 
subsection (c). 
"(2) The Secretary shall make prompt use of the authority under 
paragraph 7 of subsection (b) of this section to prevent a significant 
risk to the well being of any such recovered species.". 
SEC. 1005. COOPERATION WITH THE STATES. 
(a) MONITORING OF RECOVERED SPECIES.—Paragraph (1) of section 
6(d) of the Endangered Species Act (16 U.S.C. 1535(dXl)) is amended 
to read as follows: 
"(d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to 
provide financial assistance to any State, through its respective 
Reports. 
Public 
information. 
102 STAT. 2308 
PUBLIC LAW 100-478—OCT. 7, 1988 
State agency, which has entered into a cooperative agreement 
pursuant to subsection (c) of this section to assist in development of 
programs for the conservation of endangered and threatened species 
or to assist in monitoring the status of candidate species pursuant to 
subparagraph (Q of section 4(bX3) and recovered species pursuant to 
section 4(g). The Secretary shall allocate each annual appropriation 
made in accordance with the provisions of subsection (i) of this 
section to such States based on consideration of— 
"(A) the international commitments of the United States to 
protect endangered species or threatened species; 
"(B) the re£uiiness of a State to proceed with a conservation 
prt^ram consistent with the objectives and purposes of this Act; 
"(C) the number of endangered species and threatened species 
within a State; 
"(D) the potential for restoring endangered species and 
threatened species within a State; 
"(E) the relative urgency to initiate a program to restore and 
protect an endangered species or threatened species in terms of 
survival of the species; 
"(F) the importance of monitoring the status of candidate 
species within a State to prevent a s^nificant risk to the well 
being of any such species; and 
"(G) the importance of monitoring the status of recovered 
species within a State to assure that such species do not return 
to the point at which the measures provided pursuant to this 
Act are again necessary. 
So much of the annual appropriation made in accordance with 
provisions of subsection (i) of this section allocated for obligation to 
any State for any fiscal year as remains unobligated at the close 
thereof is authorized to be made available to that State until the 
close of the succeeding fiscal year. Any amount allocated to any 
State which is unobligated at the end of the period during which it is 
available for expenditure is authorized to be made available for 
expenditure by the Secretary in conducting programs under this 
section.". 
(b) APPROPRIATIONS.—Section 6 of the Endangered Species Act (16 
U.S.C. 1535) is amended by adding the following new subsection: 
"(i) APPROPRIATIONS.—(1) To carry out the provisions of this sec-
tion for fiscal years after September 30, 1988, there shall be depos-
ited into a special fund known as the cooperative endangered species 
conservation fund, to be administered by the Secretary, an amount 
equal to 5 percent of the combined amounts covered each fiscal year 
into the Federal aid to wildlife restoration fund under section 3 of 
the Act of September 2, 1937, and paid, transferred, or otherwise 
credited each fiscal year to the Sport Fishing Restoration Account 
established under 1016 of the Act of July 18,1984. 
"(2) Amounts deposited into the special fund are authorized to be 
appropriated annually and allocated in accordance with subsection 
(d) of this section.". 
SEC. 1006. PROTECTION OF PLANTS. 
Section 9(aX2XB) of the Endangered Species Act (16 U.S.C. 
1538(aX2XB)) is amended to read as follows: 
"(B) remove and reduce to possession any such species 
from areas under Federal jurisdiction; maliciously damage 
or destroy any such species on any such area; or remove, 
cut, dig up, or damage or destroy any such species on any 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2309 
Effective date. 
Florida. 
other area in knowing violation of any law or regulation of 
any State or in the course of any violation of a State 
criminal trespass law;". 
SEC. 1007. PENALTIES AND ENFORCEMENT. 
(a) CIVIL PENALTIES.—Paragraph (1) of subsection (a) of section 11 
of the Endangered Species Act (16 U.S.C. 1540) is amended by 
striking "$10,000" and inserting in lieu thereof "$25,000", and by 
striking "$5,000" and inserting in lieu thereof "$12,000". 
O
b
) CRIMINAL VIOLATIONS.—Paragraph (1) of subsection Ot)) of sec-
tion 11 of the Endangered Species Act (16 U.S.C. 1540) is amended by 
striking "$20,000" and inserting in lieu thereof "$50,000", and by 
striking "$10,000" and inserting in lieu thereof "$25,000". 
(c) REWARDS.—Subsection (d) of section 11 of the Endangered 
Species Act (16 U.S.C. 1540) is amended by adding at the end thereof 
the following sentence; "Whenever the balance of sums received 
under this section and section 6(d) of the Act of November 16, 1981 
(16 U.S.C. 3375(d)), as penalties or fines, or from forfeitures of 
property, exceed $500,000, the Secretary of the Treasury shall de-
posit an amount equal to such excess balance in the cooperative 
endangered species conservation fund established under section 6(i) 
of this Act.". 
SEC. 1008. SEA TURTLE CONSERVATION. 
(a) DELAY OF REGULATIONS.—The Secretary of Commerce shall 
delay the effective date of regulations promulgated on June 29,1987, 
relating to sea turtle conservation, until May 1, 1990, in inshore 
areas, and until May 1, 1989, in offshore areas, with the exception 
that regulations already in effect in the Canaveral area of Florida 
shall remain in effect. The regulations for the inshore area shall go 
into effect beginning May 1, 1990, unless the Secretary determines 
that other conservation measures are proving equally effective in 
reducing sea turtle mortality by shrimp trawling. If the Secretary 
makes such a determination, the Secretary shall modify the regula-
tions accordingly. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary of CJommerce shall contract Contracts 
for an independent review of scientific information pertaining 
to the conservation of each of the relevant species of sea turtles 
to be conducted by the Nationsd Academy of Sciences with such 
individuals not employed by Federal or State government other 
than employees of State universities and having scientific 
expertise and special knowledge of sea turtles and activities 
that may affect adversely sea turtles. 
(2) PURPOSES OP REVIEW.—The purposes of such independent 
review are— 
(i) to further long-term conservation of each of the rel-
evant species of sea turtles which occur in the waters of the 
United States; 
(ii) to further knowledge of activities performed in the 
waters and on the shores of the United States, Mexico and 
other nations which adversely affect each of the relevant 
species of sea turtles; 
(iii) to determine the relative impact which each of the 
activities found to be having an adverse effect on each of 
the relevant species of turtles has upon the status of each 
such species; 
102 STAT. 2310 
PUBLIC LAW 100-478—OCT. 7, 1988 
(iv) to assist in identifying appropriate conservation and 
recovery measures to address each of the activities which 
affect adversely each of the relevant species of sea turtles; 
(v) to assist in identifying appropriate reproductive meas-
ures which will aid in the conservation of each of the 
relevant species of sea turtles; 
(vi) in particular to assist in determining whether more 
or less stringent measures to reduce the drowning of sea 
turtles in shrimp nets are necessary and advisable to pro-
vide for the conservation of each of the relevant species of 
sea turtles and whether such measures should be applicable 
to inshore and offshore areas as well as to various geo-
graphical locations; and 
(vii) to furnish information and other forms of assistance 
to the Secretary for his use in reviewing the status of each 
of the relevant species of sea turtles and in carrying out 
other responsibilities contained under this Act and law. 
(3) SCOPE OF REVIEW.—The terms and outlines of such 
independent review shall be determined by a panel to be ap-
pointed by the President of the National Academy of Sciences, 
except that such review shall include, at a minimum, the 
following information: 
(i) estimates of the status, size, age structure and, where 
possible, sex structure of each of the relevant species of sea 
turtles; 
(ii) the distribution and concentration, in terms of United 
States geographic zones, of each of the relevant species of 
sea turtles; 
(iii) the distribution and concentration of each of the 
relevant species of sea turtles, in the waters of the United 
States, Mexico and other nations during the developmen-
tal, migratory and reproductive phases of their lives; 
(iv) identification of all causes of mortality, in the waters 
and on the shores of the United States, Mexico and other 
nations for each of the relevant species of sea turtles; 
(v) estimates of the magnitude and significance of each of 
the identified causes of turtle mortality; 
(vi) estimates of the magnitude and significance of 
present or needed head-start or other programs designed to 
increase the production and population size of each of the 
relevant species of sea turtles; 
(vii) description of the measures taken by Mexico and 
other nations to conserve each of the relevant species of sea 
turtles in their waters and on their shores, along with a 
description of the efforts to enforce these measures and an 
assessment of the success of these measures; 
(viii) the identification of nesting and/or reproductive 
locations for each of the relevant species of sea turtles in 
the waters and on the shores of the United States, Mexico 
and other nations and measures that should be undertaken 
at each location as well as a description of worldwide efforts 
to protect such species of turtles. 
(4) (COMPLETION AND SUBMISSION OF REVIEW.—Such independ-
ent review shall be completed after an opportunity is provided 
for individuals with scientific and special knowledge of sea 
turtles and activities that may affect adversely sea turtles to 
present relevant information to the panel. It shall then be 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2311 
submitted by the Secretary, together with recommendations by 
the Secretary in connection therewith, to the Committee on 
Environment and Public Works of the United States Senate and 
the Committee on Merchant Marine and Fisheries of the United 
States House of Representatives on or before April 1, 1989. In 
the event the independent review cannot be completed by 
April 1, 1989, then the panel shall give priority to completing 
the independent review as it applies to the Kemp's ridley sea 
turtle and submitting the same to the Secretary by that date, or 
as expeditiously as possible, and thereafter shall complete as 
expeditiously as possible the remaining work of the independent 
review. 
(5) REVIEW OF STATUS.—After receipt of any portion of the 
independent review from the panel, the Secretary shall review 
the status of each of the relevant species of sea turtles. 
(6) RECOMMENDATIONS OF SECRETARY.—The Secretary, after 
receipt of any portion of the independent review from the panel, 
shall consider, along with the requirements of existing law, the 
following before making recommendations: 
(i) reports from the panel conducting the independent 
review; 
(ii) written views and information of interested parties; 
(iii) the review of the status of each of the relevant species 
of sea turtles; 
(iv) the relationship of any more or less stringent meas-
ures to reduce the drowning of each of the relevant species 
of sea turtles in shrimp nets to the overall conservation 
plan for each such species; 
(v) whether increased reproductive or other efforts in 
behalf of each of the relevant species of sea turtles would 
make no longer necessary and advisable present or pro-
posed conservation r^ulations regarding shrimping nets; 
(vi) whether certain geographical areas such as, but not 
limited to, inshore areas and offshore areas, should have 
more stringent, less stringent or different measures im-
posed upon them in order to reduce the drowning of each of 
the relevant species of sea turtles in shrimp nets; 
(vii) other reliable information regarding the relationship 
between each of the relevant species of sea turtles and 
shrimp fishing and other activities in the waters of the 
United States, Mexico and other nations of the world; and 
(viii) the need for improved cooperation among depart-
ments, agencies and entities of Federal and State govern-
ment, the need for improved cooperation with other nations 
and the need for treaties or international agreements on a 
bilateral or multilateral basis. 
(7) MODIFICATION OF REGULATIONS.—For good cause, the Sec-
retary may modify the r^ulations promulgated on June 29, 
1987, relating to sea turtle conservation, in whole or part, as the 
Secretary deems advisable. 
(8) SECRETARY AND EDUCATIONAL EFFORTS.—The Secretary 
shall undertake an educational effort among shrimp fishermen, 
either directly or by contract with competent persons or enti-
ties, to instruct fishermen in the usage of the turtle excluder 
device or any other device which might be imposed upon such 
fishermen; 
Fish and fishing. 
Contracts. 
102 STAT. 2312 
PUBLIC LAW 100-478—OCT. 7, 1988 
(9) SEA TURTLE COORDINATION.—In order to coordinate the 
protection, conservation, reproductive, educational and recovery 
efforts with respect to each of the relevant species of sea turtles 
in accordance with existing law, the National Marine Fisheries 
Service shall designate an individual as Sea Turtle Coordinator 
to establish and carry out an effective, long-term sea turtle 
recovery program. 
(10) PURPOSE OF THIS SECTION.—Section 8 is intended to assist 
the Secretary in making recommendations and in carrying out 
his duties under law, including the Endangered Species Act (16 
U.S.C. 1531 et seq.), and nothing herein affects, modifies or 
alters the Secretary's powers or responsibilities to review, deter-
mine or redetermine, at any time, his obligations under law. 
(11) DEFINITIGNS.—For the purposes of this section, the terms: 
(i) "relevant species of sea turtles" means the Kemp's 
ridley sea turtle, United States breeding populations of the 
loggerhead, the leatherback, and the green sea turtle, and 
other signMcant breeding populations of the loggerhead, 
the leatherback and the green sea turtle; 
(ii) "status" means whether a given species of turtle is 
endangered, threatened or recovered; 
(iii) "size" means the size of a given species of sea turtle; 
and 
(iv) "age and sex structure" shall be considered to mean 
the distribution of juveniles, subadults and adults within a 
given species or population of sea turtles, and males and 
females within a given species or population of sea turtles. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Department of C!ommerce $1,500,000 through 
fiscal year 1989 to carry out this section. 
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 
Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) 
is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 15. (a) IN GENERAL.—Except as provided in subsections (hX 
(c), and (d), there are authorized to be appropriated— 
"(1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000 
for fiscal year 1989, $38,000,000 for fiscal year 1990, $39,500,000 
for fiscal year 1991, and $41,500,000 for fiscal year 1992 to 
enable the Department of the Interior to carry out such func-
tions and responsibilities as it may have been given under this 
Act* 
"(2) not to exceed $5,750,000 for fiscal year 1988, $6,250,000 for 
each of fiscal years 1989 and 1990, and $6,750,000 for each of 
fiscal years 1991 and 1992 to enable the Department of Com-
merce to carry out such functions and responsibilities as it may 
have been given under this Act; and 
"(3) not to exceed $2,200,000 for fiscal year 1988, $2,400,000 for 
each of fiscal years 1989 and 1990, and $2,600,000 for each of 
fiscal years 1991 and 1992, to enable the Department of Agri-
culture to carry out its functions and responsibilities with 
respect to the enforcement of this Act and the (Convention 
which pertain to the importation or exportation of plants. 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2313 
"(b) EXEMPTIONS FROM ACT.—There are authorized to be appro-
priated to the Secretary to assist him and the Endangered Species 
Committee in carrying out their functions under sections 7 (e), (g), 
and (h) not to exceed $600,000 for each of fiscal years 1988, 1989, 
1990,1991, and 1992. 
"(c) CONVENTION IMPLEMENTATION.—There are authorized to be 
appropriated to the Department of the Interior for purposes of 
carrying out section 8A(e) not to exceed $400,000 for each of fiscal 
years 1988,1989, and 1990, and $500,000 for each of fiscal years 1991 
and 1992, and such sums shedl remain available until expended.". 
SEC. 1010. EDUCATION, STUDY AND REPORT. 
(a) EDUCATION.—The Administrator of the Environmental Protec-
tion Agency in cooperation with the Secretary of Agriculture and 
the Secretairy of the Interior, promptly upon enactment of this Act, 
shall conduct a program to inform and educate fully persons en-
gaged in agricultural food and fiber commodity production of any 
proposed pesticide labeling program or requirements that may be 
imposed by the Administrator in compliance with the Endangered 
Species Act (16 U.S.C. 1531 et seq.). The Administrator also shall 
provide the public with notice of, and opportunity for comment on, 
the elements of any such program and requirements based on 
compliance with the Endangered Species Act, including (but not 
limited to) an identification of any pesticides affected by the pro-
gram; an explanation of the restriction or prohibition on the user or 
applicator of any such pesticide; an identification of those geo-
graphic areas affected by any pesticide restriction or prohibition; an 
identification of the effects of any restricted or prohibited pesticide 
on endangered or threatened species; and an identification of the 
endangered or threatened species along with a general description 
of the geographic areas in which such species are located wherein 
the application of a pesticide will be restricted, prohibited, or its use 
otherwise limited, unless the Secretary of the Interior determines 
that the disclosure of such information may create a substantial risk 
of harm to such species or its habitat. 
(b) STUDY.—The Administrator of the Environmental Protection 
Agency, jointly with the Secretary of Agriculture and the Secretary 
of the Interior, shall conduct a study to identify reasonable and 
prudent means available to the Administrator to implement the 
endangered species pesticides labeling pr(^am which would comply 
with the Endangered Species Act of 1973, as amended, and which 
would allow persons to continue production of agricultural food and 
fiber commodities. Such study shall include investigation by the 
Administrator of the best available methods to develop maps and 
the best available alternatives to mapping as means of identifying 
those circumstances in which use of pesticides may be restricted; 
identification of alternatives to prohibitions on pesticide use, includ-
ing, but not limited to, alternative pesticides and application meth-
ods and other agricultural practices which can be used in lieu of any 
pesticides whose use may be restricted by the labeling p n ^ a m ; 
examination of methods to improve coordination among the 
Environmental Protection Agency, Department of Agriculture, and 
Department of the Interior in administration of the labeling pro-
gram; and analysis of the means of implementing the endangered 
species pesticides labeling program or alternatives to such a pro-
gram, if any, to promote the conservation of endangered or threat-
ened species and to minimize the impacts to persons engaged in 
Agriculture and 
agricultural 
commodities. 
Pests and 
pesticides. 
7 u s e 136a note. 
Public 
information. 
102 STAT. 2314 
PUBLIC LAW 100-478—OCT. 7, 1988 
Commerce and 
trade. 
agricultural food and fiber commodity production and other affected 
pesticide users and applicators. 
(c) REPORT.—The Administrator of the Environmental Protection 
Agency in cooperation with the Secretary of Agriculture and the 
Secretary of the Interior shall submit a report within one year of the 
date of enactment of this Act, presenting the results of the study 
conducted pursuant to subsection (b) of this section to the Com-
mittee on Merchant Marine and Fisheries and the Committee on 
Agriculture of the United States House of Representatives, and the 
Committee on Environment and Public Works and the Committee 
on Agriculture, Nutrition, and Forestry of the United States Senate. 
SEC. 1011. SCRIMSHAW CERTIFICATES. 
(a) Section 10(fK8XA) of the Endangered Species Act of 1973 (16 
U.S.C. 1539(fX8XA)) is amended to read as follows: 
"(8XAXi) Any valid certificate of exemption which was renewed 
after October 13, 1982, and was in effect on March 31, 1988, shall be 
deemed to be renewed for a six-month period beginning on the date 
of enactment of the Endangered Species Act Amendments of 1988. 
Any person holding such a certificate may apply to the Secretary for 
one additional renewal of such certificate for a period not to exceed 
5 years b ^ ^ n i n g on the date of such enactment.". 
(b) Section 10(fX8XB) of the Endangered Species Act of 1973 (16 
U.S.C. 1539(fX8Xb)) is amended by striking "original" and inserting 
"previous". 
(c) Section 10(fK8) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(fK8)) is amended by adding at the end thereof the following 
subparagraph: 
"(D) No person may, after January 31, 1984, sell or offer for 
sale in interstate or foreign commerce, any pre-Act finished 
scrimshaw product unless such person holds a valid certificate 
of exemption issued by the Secretary under this subsection, and 
unless such product or the raw material for such product was 
held by such person on October 13,1982.". 
(d) Section 10(0 of the Endangered Species Act of 1973 (16 U.S.C. 
1539(f)) is amended by striking paragraph (9). 
SEC. 1012. FEDERAL COST OF PROTECTING ENDANGERED SPECIES. 
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end thereof the following new section: 
ANNUAL COST ANALYSIS BY THE FISH AND WILDLIFE SERVICE 
Reports. 
"SEC. 18. On or before January 15, 1990, and each January 15 
16 use 1544. 
thereafter, the Secretary of the Interior, acting through the Fish 
and Wildlife Service, shall submit to the C!ongress an annual report 
covering the preceding fiscal year which shall contain— 
"(1) an accounting on a species by species basis of all reason-
ably identifiable Federal expenditures made primarily for 
the conservation of endangered or threatened species pursuant 
to this Act; and 
"(2) an accounting on a species by species basis of all reason-
ably identifiable expenditures made primarily for the conserva-
tion of endangered or threatened species pursuant to this Act by 
States receiving grants under section 6.". 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2315 
SEC. 1013. TECHNICAL AMENDMENTS. 
(a) In section 2 of the Endangered Species Act of 1973 (16 U.S.C. 
1531), strike "(G) other international agreements," and insert "(G) 
other international agreements; and". 
(b) In section ICKc) of the Endangered Species Act of 1973 (16 
U.S.C. 1539), strike "notice," in the second sentence and insert 
"notice, of. 
(c) In section 10(eX3Xii) of the Endangered Species Act of 1973 (16 
U.S.C. 1539), strike "lacking," and insert "lacing,". 
TITLE II—AFRICAN ELEPHANT 
A
f
r
i
c
a
n 
CONSERVATION 
cSvlion 
Act. 
SEC. 2001. SHORT TITLE. 
16 USC 4201 
This title may be cited as the "African Elephant (Donservation 
Act". 
SEC. 2002. STATEMENT OF PURPOSE. 
16 USC 4201. 
The purpose of this title is to perpetuate healthy populations of 
African elephants. 
SEC. 2003. FINDINGS. 
16 USC 4202. 
The (Dongress finds the following: 
(1) Elephant populations in Africa have declined at an alarm-
ing rate since the mid-1970's. 
(2) The large illegal trade in African elephant ivory is the 
major cause of this decline and threatens the continued exist-
ence of the African elephant. 
(3) The African elephant is listed as threatened under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and its 
continued existence will be further jeopardized if this decline is 
not reversed. 
(4) Because African elephant ivory is indistinguishable from 
Asian elephant ivory, there is a need to ensure that the trade in 
African elephant ivory does not further endanger the Asian 
elephant, which is listed as endangered under section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533) and under 
Appendix I of CITES. 
(5) In response to the significant illegal trade in African 
elephant ivory, the parties to CITES established the CITES 
Ivory Control System to curtail the illegal trade and to encour-
age African countries to manage, conserve, and protect their 
African elephant populations. 
(6) The CITES Ivory Control System entered into force re-
cently and should be allowed to continue in force for a reason- 
"
^ 
able period of time to assess its effectiveness in curtailing the 
illegal trade in African elephant ivory. 
(7) Although some African countries have effective African 
elephant conservation programs, many do not have sufficient 
resources to properly manage, conserve, and protect their ele-
phant populations. 
(8) The United States, as a party to CITEIS and a large market 
for worked ivory, shares responsibility for supporting and im-
plementing measures to stop the illegal trade in African ele-
102 STAT. 2316 
PUBLIC LAW 100-478—OCT. 7, 1988 
phant ivory and to provide for the conservation of the African 
elephant. 
(9) There is no evidence that sport hunting is part of the 
poaching that contributes to the illegal trade in African ele-
phant ivory, and there is evidence that the proper utilization of 
well-managed elephant populations provides an important 
source of funding for African elephant conservation programs. 
16 use 4203. 
SEC. 2004. STATEMENT OF POLICY. 
It is the policy of the United States— 
(1) to assist in the conservation and protection of the African 
elephant by supporting the conservation programs of African 
countries and the CITES Secretariat; and 
(2) to provide financial resources for those programs. 
Research and 
PART I—AFRICAN ELEPHANT CONSERVATION 
development. 
ASSISTANCE 
16 use 4211. 
SEC. 2101. PROVISION OF ASSISTANCE. 
(a) IN GENERAL.—The Secretary may provide financial assistance 
under this part from the African Elephant Conservation Fund for 
approved projects for research, conservation, management, or 
protection of African elephants. 
(b) PROJECT PROPOSAL.—Any African government agency respon-
sible for African elephant conservation and protection, the CITES 
Secretariat, and any organization or individual with experience in 
African elephant conservation may submit to the Secretary a 
project proposal under this section. Each such proposal shall 
contain— 
(1) the name of the person responsible for conducting the 
project; 
(2) a succinct statement of the need for and purposes of the 
project; 
(3) a description of the qualiHcations of the individuals who 
will be conducting the project; 
(4) an estimate of the funds and time required to complete the 
project; 
(5) evidence of support of the project by governmental entities 
of countries within which the project will be conducted, if such 
support may be important for the success of the project; and 
(6) any other information the Secretary considers to be nec-
essary or appropriate for evaluating the eligibility of the project 
for funding under this title. 
(c) PROJECT REVIEW AND APPROVAL.—The Secretaiy shall review 
each project proposal to determine if it meets the criteria set forth 
in subsection (d) and otherwise merits assistance under this title. 
Not later than six months after receiving a project proposal, and 
subject to the availability of funds, the Secretary shsQl approve or 
disapprove the proposal and provide written notification to the 
person who submitted the proposal and to each country within 
which the project is proposed to be conducted. 
(d) CRITERIA FOR APPROVAL.—The Secretary may approve a project 
under this section if the project will enhance programs for African 
elephant research, conservation, management, or protection by— 
(1) developing in a usable form sound scient^c information 
on African elephant habitat condition and carrying capacity, 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2317 
total elephant numbers and population trends, or annual repro-
duction and mortality; or 
(2) assisting efforts— 
(A) to ensure that any taking of African elephants in the 
country is effectively controlled and monitored; 
(B) to implement conservation programs to provide for 
healthy, sustainable African elephant populations; or 
(C) to enhance compliance with the CITES Ivory Control Ivory. 
System. 
(e) PROJECT REPORTING.—Each entity that receives assistance 
under this section shall provide such periodic reports to the Director 
of the United States Fish and Wildlife Service as the Director 
considers relevant and appropriate. Each report shall include all 
information requested by the Director for evaluating the progress 
and success of the project. 
SEC. 2102. AFRICAN ELEPHANT CONSERVATION FUND. 
16 USC 4212. 
(a) EIsTABUSHMENT.—There is established in the general fund of 
the Treasury a separate account to be known as the "African 
Elephant Conservation Fund", which shall consist of amounts depos-
ited into the Fund by the Secretary of the Treasury under subsec-
tion Ot)). 
(b) DEPOSITS INTO FUND.—The Secretary of the Treasury shall 
deposit into the Fund— 
(1) subject to appropriations, all amounts received by the 
United States in the form of penalties under section 2204 which 
are not used to pay rewards under section 2205; 
(2) amounts received by the Secretary of the Interior in the 
form of donations under subsection (d); and 
(3) other amounts appropriated to the Fund to carry out this 
part. 
(c) USE.— 
(1) IN GENERAL.—Subject to paragraph (2), amounts in the 
Fund may be used by the Secretary, without further appropria-
tion, to provide assistance under this part. 
(2) ADMINISTRATION.—Not more than three percent of 
amounts appropriated to the Fund for a fiscal year may be used 
by the Secretary to administer the Fund for that fiscal year. 
(d) ACX:EPTANCE AND USE OF DONATIONS.—The Secretary 
may 
accept and use donations of funds to provide assistance under this 
part. Amounts received by the Secretary in the form of such dona-
tions shall be transferred by the Secretary to the Secretary of the 
Treasury for deposit into the Fund. 
SEC. 2103. ANNUAL REPORTS. 
The Secretary shall submit an annual report to the Congress not 
later than January 31 of each year regarding the Fund and the 
status of the African elephant. Each such report shall include with 
respect to the year for which the report is submitted a description 
of— 
(1) the total amounts deposited into and expended from the 
Fund; 
(2) the costs associated with the administration of the Fund; 
(3) a summary of the projects for which the Secretary has 
provided assistance under this part and an evaluation of those 
projects; and 
102 STAT. 2318 
PUBLIC LAW 100-478—OCT. 7, 1988 
Exports. 
Imports. 
Ivory. 
16 u s e 4221. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
16 u s e 4222. 
(4) an evaluation of African elephant populations and 
whether the CITES Ivory Control System is functioning effec-
tively to control the illegal trade in African elephant ivory. 
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 enact-
ment 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 in-
terested parties; and 
(2) submitting a written request for such information through 
the Secretary of State to each ivory producing country. 
O
t
)
) REVIEW AND DETERMINATION.— 
(1) IN GENERAL.—^The Secretary shall review the African ele-
phant 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 follow-
ing 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 canying capacity, total 
population and population trends, and the annual reproduc-
tion 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 deter-
mination 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(bXl). 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2319 
(2) LATER ESTABLISHMENT.—With regard to any ivory produc-
ing country for which the Secretary has insufficient information 
to m£ike a determination pursuant to section 2201(b), the Sec-
retary shsdl establish a moratorium on the importation of raw 
and worked ivory from such country not later than January 1, 
1990, unless, based on new information, the Secretary concludes 
before that date that the country meets all of the criteria set 
forth in section 2201(bXl). 
Ot)) INTERMEDIARY COUNTRIES.—The Secretary shall establish a 
moratorium on the importation of raw and worked ivory from an 
intermediary country immediately upon making a determination 
that the country— 
(1) is not a party to CITES; 
(2) does not adhere to the CITES Ivory Control System; 
(3) imports raw ivory from a country that is not an ivory 
producing country; 
(4) imports raw or worked ivory from a country that is not a 
party to CITES; 
(5) imports raw or worked ivory that originates in an ivory 
producing country in violation of the laws of that ivory produc-
ing country; 
(6) substantially increases its imports of raw or worked ivory 
from a country that is subject to a moratorium under this title 
during the first three months of that moratorium; or 
(7) imports raw or worked ivory from a country that is subject 
to a moratorium under this title after the first three months of 
that moratorium, unless the ivory is imported by vessel during 
the first six months of that moratorium and is accompanied by 
shipping documents which show that it was exported before the 
establishment of the moratorium. 
(c) SUSPENSION OF MORATORIUM.—The Secretary shall suspend a 
moratorium established under this section if, after notice and public 
comment, the Secretary determines that the reasons for establishing 
the moratorium no longer exist. 
(d) PETITION.— 
(1) IN GENERAL.—Any person may at any time submit a 
petition in writing requesting that the Secretary establish or 
suspend a moratorium under this section. Such a petition shall 
include such substantial information as may be necessary to 
demonstrate the need for the action requested by the petition. 
(2) CONSIDERATION AND RUUNG.—The Secretary shall publish 
a notice of receipt of a petition under this subsection in the 
Federal Register and shall provide an opportunity for the public 
to comment on the petition. The Secretary shall rule on such 
petition not later than 90 da3rs after the close of the public 
comment period. 
(e) SPORT-HUNTED TROPHIES.—Individuals may import sport-
hunted elephant trophies that they have legally taken in an ivory 
producing country that has submitted an ivory quota. The Secretary 
shall not establish any moratorium under this section, pursuant to a 
petition or otherwise, which prohibits the importation into the 
United States of sport-hunted trophies from elephants that are 
l^ally taken by the importer or the importer's principal in an ivory 
producing country that has submitted an ivory quota. 
(f) CONFISCATED IVORY.—Trade in raw or worked ivory that is 
confiscated by an ivory producing country or an intermediary coun-
try and is disposed of pursuant to the CITES Ivory Control System 
Federal 
Register, 
publication. 
102 STAT. 2320 
PUBLIC LAW 100-478—OCT. 7, 1988 
shall not be the sole cause for the establishment of a moratorium 
under this part if all proceeds from the disposal of the confiscated 
ivory are used solely to enhance wildlife conservation programs or 
conservation purpos^ of CITES. With respect to any country that 
was not a party to CITES at the time of such confiscation, this 
subsection shall not apply until such country develops appropriate 
measures to assure that persons with a history of illegad dealings in 
ivory shall not benefit from the disposal of confiscated ivory. 
16 use 4223. 
SEC. 2203. PROHIBITED ACTS. 
Except as provided in section 2202(e), it is unlawful for any 
person— 
(1) to import raw ivory from any country other than an ivory 
producing country; 
(2) to export raw ivory from the United States; 
(3) to import raw or worked ivory that was exported from an 
ivory producing country in violation of that country's laws or of 
the CITES Ivory Control System; 
(4) to import worked ivory, other than personal effects, from 
any country unless that country has certified that such ivory 
was derived from legal sources; or 
(5) to import raw or worked ivory from a country for which a 
moratorium is in effect under section 2202. 
16 use 4224. 
SEC. 2204. PENALTIES AND ENFORCEMENT. 
(a) CRIMINAL VIOLATIONS.—Whoever knowingly violates section 
2203 shall, upon conviction, be fined under title 18, United States 
Code, or imprisoned for not more than one year, or both. 
0)) CIVIL VIOLATIONS.—Whoever violates section 2203 may be 
assessed a civil penalty by the Secretary of not more than $5,000 for 
each such violation. 
(c) PROCEDURES FOR ASSESSMENT OF CIVIL PENALTY.—Proceedings 
for the assessment of a civil penalty under this section shall be 
conducted in accordance with the procedures provided for in section 
11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)). 
(d) USE OF PENALTIES.—Subject to appropriations, penalties col-
lected under this section may be used by the Secretary of the 
Treasury to pay rewards under section 2205 and, to the extent not 
used to pay such rewards, shall be deposited by the Secretary of the 
Treasury into the Fund. 
(e) ENFORCEMENT.—The Secretary, the Secretary of the Treasury, 
and the Secretary of the department in which the Coast Guard is 
operating shall enforce this part in the same manner such Secretar-
ies carry out enforcement activities under section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)). Section 11(c) of 
the Endangered Species Act of 1973 (16 U.S.C. 1540(c)) shall apply to 
actions arising under this part. 
16 use 4225. 
SEC. 2205. REWARDS. 
(a) IN GENERAL.—Upon the recommendation of the Secretary, the 
Secretary of the Treasury may pay a reward to any person who 
furnishes information which leads to a civil penalty or a criminal 
conviction under this title. 
(b) AMOUNT.—The amount of a reward under this section shall be 
equal to not more than one-half of any criminal or civil penalty or 
fine with respect to which the reward is paid, or $25,000, whichever 
is less. 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2321 
(c) LIMITATION ON EUGIBILITY.—An officer or employee of the 
United States or of any State or local government who furnishes 
information or renders service in the performance of his or her 
official duties shall not be eligible for a reward under this section. 
PART III—MISCELLANEOUS 
SEC. 2301. PERMISSION TO IMPORT OR EXPORT AFRICAN ELEPHANT 
IVORY. 
Section 9(d) of the Endangered Species Act of 1973 (16 U.S.C. 
1538(d)) is amended to read as follows: 
"(d) IMPORTS AND EXPORTS.— 
Fish and fishing. 
"(1) IN GENERAL.—It is unlawful for any person, without first 
having obtained permission from the Secretary, to engage in 
business— 
"(A) as an importer or exporter of fish or wildlife (other 
than shellfish and fishery products which (i) are not listed 
pursuant to section 4 of tlus Act as endangered species or 
threatened species, and (ii) are imported for purposes of 
human or animal consumption or taken in waters under 
the jurisdiction of the United States or on the high seas for 
recreational purposes); or 
"(B) as an importer or exporter of any amount of raw or 
worked African elephant ivory. 
"(2) REQUIREMENTS.—Any person required to obtain permis- Records. 
sion under paragraph (1) of this subsection shall— 
"(A) keep such records as will fully and correctly disclose 
each importation or exportation of fish, wildlife, plants, or 
African elephant ivory made by him and the subsequent 
disposition made by him with respect to such fish, wildlife, 
plants, or ivory; 
"(B) at all reasonable times upon notice by a duly au-
thorized representative of the Secretary, afford such rep-
resentative access to his place of business, an opportunity to 
examine his inventory of imported fish, wildlife, plants, or 
African elephant ivory and the records required to be kept 
under subparagraph (A) of this paragraph, and to copy such 
records; and 
"(C) file such reports as the Secretary may require. 
"(3) REGULATIONS.—The Secretary shall prescribe such regu-
lations as are necessary and appropriate to carry out the pur-
poses of tliis subsection. 
"(4) RESTRICTION ON CONSIDERATION OF VALUE OR AMOUNT OF 
AFRICAN ELEPHANT IVORY IMPORTED O
R EXPORTED.—In granting 
permission under this subsection for importation or exportation 
of African elephant ivory, the Secretary shall not vary the 
requirements for obtaining such permission on the basis of the 
value or amount of ivory imported or exported under such 
permission.". 
SEC. 2302. RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973. 
16 USC 4241. 
The authority of the Secretary under this title is in addition to 
and shall not affect the authority of the Secretary under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the 
Secretary's authority under the Lacey Act Amendments of 1981 (16 
U.S.C. 3371 et seq.). 
102 STAT. 2322 
PUBLIC LAW 100-478—OCT. 7, 1988 
SEC. 2303. CERTIFICATION UNDER PELLY AMENDMENT. 
If the Secretary finds in administering this title that a country 
does not adhere to the CITES Ivory Control System, that country is 
deemed, for purposes of section 8(aX2) of the Act of August 27, 1954 
(22 U.S.C. 1978), to be diminishing the effectiveness of an inter-
national program for endangered or threatened species. 
Imports. 
SEC. 2304. EFFECTIVENESS OF CITES. 
16 use 4243. 
Within 3 months after the completion of the 8th Conference of the 
Parties to CITES, the Secretary shall determine whether this title, 
together with the CITES Ivory Control System, has substantially 
stopped the importation of illegally harvested ivory into the United 
States. If the Secretary determines that the importation of illegally 
harvested ivory has not been substantially stopped, the Secretary 
shall recommend to the Congress amendments to this title or other 
actions that may be necessary to achieve the purposes of this title, 
including the establishment of a complete moratorium on the im-
portation of elephant ivory into the United States. 
16 use 4244. 
SEC. 2305. DEFINITIONS. 
In this title— 
(1) the term "African elephant" means any animal of the 
species loxodonta africana; 
(2) the term "CITES" means the Convention on the Inter-
national Trade in Endangered Species of Wild Fauna and Flora; 
(3) the term "CITES Ivory Control System" means the ivory 
quota and marking system established by CITES to curtail 
illegal trade in African elephant ivory; 
(4) the term "Fund" means the African Elephant Conserva-
tion Fund established by section 2102; 
(5) the terms "import" and "importation" have the meanings 
such terms have in the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(6) the term "intermediary country" means a country that 
exports raw or worked ivory that does not originate in that 
country; 
(7) the term "ivory producing country" means any African 
country within which is located any part of the range of a 
population of African elephants; 
(8) the term "ivory quota" means a quota submitted by an 
ivory producing country to the CITES Secretariat in accordance 
with the CITES Ivory Control System; 
(9) the term "personal effects" means articles which are not 
intended for sale and are part of a shipment of the household 
effects of a person who is moving his or her residence to or from 
the United States, or are included in personal accompanying 
baggage; 
(10) the term "raw ivory" means any African elephant tusk, 
and any piece thereof, the surface of which, polished or 
unpolished, is unaltered or minimally carved; 
(11) the term "Secretary" means the Secretary of the Interior; 
(12) the term "United States" means the fifty States, the 
District of Columbia, Guam, the Commonwealth of the North-
em Mariana Islands, the Ck)mmonwealth of Puerto Rico, and 
the territories and possessions of the United States; and 
(13) the term "worked ivory" means any African elephant 
tusk, and any piece thereof, which is not raw ivory. 
PUBLIC LAW 100-478—OCT. 7, 1988 
102 STAT. 2323 
SEC. 2306. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 4245. 
There are authorized to be appropriated to the Fund and to the 
Secretary a total of not to exceed $5,000,000 for each of fiscal years 
1989, 1990, 1991, 1992, and 1993 to carry out this title, to remain 
available until expended. 
Approved October 7, 1988. 
LEGISLATIVE HISTORY—H.R. 1467 (S. 675): 
HOUSE REPORTS: No. 100-467 (Comm. on Merchant Marine and Fisheries) and No. 
100-928 (Comm. of Conference). 
SENATE REPORTS: No. 100-240 accompanying S. 675 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD: 
Vol. 133 a987): Dec. 11, 17, considered and passed House. 
Vol. 134 (1988): July 25, S. 675 considered in Senate. 
July 28, H.R. 1467 considered and passed Senate, amended, in 
lieu of S. 675. 
Sept. 15, Senate agreed to conference report. 
Sept. 26, House agreed to conference report.