Page:United States Statutes at Large Volume 102 Part 3.djvu/370

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PUBLIC LAW 100-000—MMMM. DD, 1988

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(a)(2) of the Act of August 27, 1954 (22 U.S.C. 1978), to be diminishing the effectiveness of an international program for endangered or threatened species. Imports.

SEC. 2304. EFFECTIVENESS OF CITES.

16 USC 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 importation of elephant ivory into the United States.

16 USC 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 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 African Elephant Conservation 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 Northe m 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.