The Congress finds the following:
The world’s rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970.
All 5 subspecies of tiger are currently threatened with extinction in the wild, with approximately 5,000 to 6,000 tigers remaining worldwide.
All rhinoceros species have been listed on Appendix I of CITES since 1977.
All tiger subspecies have been listed on Appendix I of CITES since 1987.
16 U.S.C. 1531 The tiger and all rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under the Endangered Species Act of 1973 ( et seq.).
In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products.
section 1978 of title 22 On , under the Secretary certified that the People’s Republic 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.
On , the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn and tiger parts, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species.
section 1978 of title 22 On , under , the President announced that the United States would impose trade sanctions against China and Taiwan unless substantial progress was made by March 1994 towards ending trade in rhinoceros and tiger products.
section 1978 of title 22 On , under , the President—
directed that imports of wildlife specimens and products from Taiwan be prohibited, in response to Taiwan’s failure to undertake sufficient actions to stop illegal rhinoceros and tiger trade; and
indicated that the certification of China would remain in effect and directed that additional monitoring of China’s progress be undertaken.
Pub. L. 103–391, § 2108 Stat. 4094(, , .)
Editorial Notes
References in Text
Pub. L. 93–20587 Stat. 884section 1531 of this titleThe Endangered Species Act of 1973, referred to in par. (5), is , , , which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2002 Amendment
Pub. L. 107–112, § 1115 Stat. 2097
section 5305c of this title“This Act [enacting and amending sections 4246, 5303 to 5305, and 5306 of this title] may be cited as the ‘Rhinoceros and Tiger Conservation Reauthorization Act of 2001’.”
, , , provided that:
Short Title of 1998 Amendment
Pub. L. 105–312, title IV, § 401112 Stat. 2959
“This title [enacting sections 5305a and 5305b of this title, amending sections 5302, 5303, and 5306 of this title, and enacting provisions set out as a note below] may be cited as the ‘Rhinoceros and Tiger Conservation Act of 1998’.”
, , , provided that:
Short Title
Pub. L. 103–391, § 1108 Stat. 4094
“This Act [enacting this chapter] may be cited as the ‘Rhinoceros and Tiger Conservation Act of 1994’.”
, , , provided that:
Congressional Findings
Pub. L. 105–312, title IV, § 402112 Stat. 2959
“Congress finds that—“(1) “(2) “(3)“(A) “(B)
“(4) “(5) “(6)“(A) “(B)
, , , provided that:
the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline;
16 U.S.C. 1531 these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 ( et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on (27 UST 1087; TIAS 8249) (referred to in this title as ‘CITES’);
the Parties to CITES have adopted several resolutions—
relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and
relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them;
a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines;
there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and
legislation is required to ensure that—
products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and
efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally.”