16 USC 4242 - Certification under Pelly amendment

Collapse to view only § 4242. Certification under Pelly amendment

§ 4241. Relationship to Endangered Species Act of 1973
§ 4242. Certification under Pelly amendment
§ 4243. Repealed.
§ 4244. Definitions
§ 4245. Authorization of appropriations
§ 4246. Multinational Species Conservation Fund

§ 4241. Relationship to Endangered Species Act of 1973

The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endangered 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.).

(Pub. L. 100–478, title II, § 2302, Oct. 7, 1988, 102 Stat. 2321.)

§ 4242. Certification under Pelly amendment

If the Secretary finds in administering this chapter that a country does not adhere to the CITES Ivory Control System, that country is deemed, for purposes of section 1978(a)(2) of title 22, to be diminishing the effectiveness of an international program for endangered or threatened species.

(Pub. L. 100–478, title II, § 2303, Oct. 7, 1988, 102 Stat. 2322.)

§ 4243. Repealed. Pub. L. 107–111, § 6(a)(3), Jan. 8, 2002, 115 Stat. 2096

§ 4244. Definitions

In this chapter—

(1) the term “African elephant” means any animal of the species loxodonta africana;

(2) the term “CITES” means the Convention on the International 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 account established by division A, section 101(e), title I of Public Law 105–277 under the span “multinational species conservation fund” [16 U.S.C. 4246];

(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 Northern Mariana Islands, the Commonwealth 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.

(Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102 Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002, 115 Stat. 2096.)

§ 4245. Authorization of appropriations

(a) In general

(b) Administrative expenses

(Pub. L. 100–478, title II, § 2306, Oct. 7, 1988, 102 Stat. 2323; Pub. L. 102–440, title III, § 302, Oct. 23, 1992, 106 Stat. 2234; Pub. L. 105–217, § 2,

§ 4246. Multinational Species Conservation Fund

In fiscal year 1999 and thereafter, donations to provide assistance under section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.

(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–237; Pub. L. 107–111, § 6(b), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 107–112, § 6(b), Jan. 8, 2002, 115 Stat. 2098; Pub. L. 107–141, § 5(b)(1), Feb. 12, 2002, 116 Stat. 14.)