RHINOCEROS AND TIGER CONSERVATION ACT
16 U.S.C. §§ 5301-5306, October 22, 1994.

Overview. The purpose of the Act is to assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, as well as those of the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act also provides financial resources for those programs.

Findings/Policy. Congress finds that: the world's rhinoceros population has declined by 90 percent since 1970; all five subspecies of tiger are currently threatened with extinction, with approximately 5,000 to 6,000 tigers remaining worldwide; all rhinoceros and tiger species have been listed on Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) since 1977 and 1987, respectively; all tiger and rhinoceros species, except the southern species of white rhinoceros, are listed as endangered species under the Endangered Species Act; 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; in 1993, the Secretary certified under 22 U.S.C. § 1978 that China and Taiwan were engaged in the trade of rhinoceros and tiger parts that diminished the effectiveness of an international conservation program; in 1993, the Standing Committee of CITES adopted a resolution urging parties of CITES to implement stricter domestic measures; in 1993, the President announced that trade sanctions would be imposed against China and Taiwan unless substantial progress was made by March 1994 towards ending trade in rhinoceros and tiger products; in 1994, the President directed that wildlife specimen and product imports from Taiwan be prohibited due to Taiwan's failure to undertake sufficient actions to stop illegal rhinoceros and tiger trade; also in 1994, the President indicated that the certification of China would remain in effect and directed additional monitoring of China's progress. § 5301.

Selected Definitions.   Administrator:  Administrator of the Agency for International Development. Conservation:  the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat protection, acquisition, management, propagation, live trapping and transportation. Secretary:  Secretary of the Interior. § 5303.

Rhinoceros and Tiger Conservation Assistance. The Secretary is directed to provide financial assistance for projects from the Rhinoceros and Tiger Conservation Fund. Projects may be proposed by the CITES Secretariat, or countries or persons whose activities directly or indirectly affect rhinoceros or tiger populations. Project proposals must contain:   the purposes of the project; the name and qualifications of the individual conducting the project; estimated funds and time for project completion; evidence of support of the project by appropriate governmental entities of countries where the project will be conducted, if support is required for success; other information necessary for evaluating the eligibility of the project for funding.

Project approval by the Secretary, after consultation with the Administrator, shall be no later than six months after the final project proposal was received. Approval is based on whether the project will enhance programs for the conservation of rhinoceros or tigers by assisting efforts to:   implement conservation programs; enhance compliance with CITES and U.S. or foreign laws that prohibit or regulate the taking or trade of rhinoceros or tigers or use of their habitat; develop sound scientific information on habitat condition and carrying capacity, total numbers and population trends, or annual reproduction and mortality. The Secretary should give consideration to projects which will enhance sustainable development programs to ensure effective, long-term conservation. § 5304.

Rhinoceros and Tiger Conservation Fund. Donations and appropriations shall be received into the Fund, which may be used to provide assistance to accepted projects, without further appropriation. The Secretary may not use more than 3 percent of the funds available to administer the Fund. § 5305.

Appropriations Authorized. For each of the years 1996 through 2000, $10,000,000 is authorized to be appropriated to the Fund for carrying out the provisions of the Act and to remain available until expended. § 5306.


Chapter 4 - Statute Summaries
Federal Wildlife & Related Laws Handbook