Page:United States Statutes at Large Volume 102 Part 3.djvu/367

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PUBLIC LAW 100-000—MMMM. DD, 1988

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 make a determination pursuant to section 2201(b), the Secretary shall 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(b)(l). (b) 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 producing 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 a t 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 Federal a notice of receipt of a petition under this subsection in the Register, Federal Register and shall provide an opportunity for the public publication. 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 ^ a l l y 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 country and is disposed of pursuant to the CITES Ivory Control System