---
kind: "section"
citation: "16 U.S.C. § 4202"
title: "16"
title_heading: "Conservation"
number: "4202"
heading: "Findings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4202"
units:
  - "Chapter 62 — African Elephant Conservation"
---

# §4202. Findings


The Congress finds the following:

- (1) Elephant populations in Africa have declined at an alarming rate since the mid-1970’s.
- (2) The large illegal trade in [African elephant](/usc/16/4244.md?p=1) ivory is the major cause of this decline and threatens the continued existence of the [African elephant](/usc/16/4244.md?p=1).
- (3) The [African elephant](/usc/16/4244.md?p=1) is listed as threatened under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.) and its continued existence will be further jeopardized if this decline is not reversed.
- (4) Because [African elephant](/usc/16/4244.md?p=1) ivory is indistinguishable from Asian elephant ivory, there is a need to ensure that the trade in [African elephant](/usc/16/4244.md?p=1) ivory does not further endanger the Asian elephant, which is listed as endangered under section 4 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](/usc/16/1533.md)) and under Appendix I of [CITES](/usc/16/4244.md?p=2).
- (5) In response to the significant illegal trade in [African elephant](/usc/16/4244.md?p=1) ivory, the parties to [CITES](/usc/16/4244.md?p=2) established the [CITES Ivory Control System](/usc/16/4244.md?p=3) to curtail the illegal trade and to encourage African countries to manage, conserve, and protect their [African elephant](/usc/16/4244.md?p=1) populations.
- (6) The [CITES Ivory Control System](/usc/16/4244.md?p=3) entered into force recently and should be allowed to continue in force for a reasonable period of time to assess its effectiveness in curtailing the illegal trade in [African elephant](/usc/16/4244.md?p=1) ivory.
- (7) Although some African countries have effective [African elephant](/usc/16/4244.md?p=1) conservation programs, many do not have sufficient resources to properly manage, conserve, and protect their elephant populations.
- (8) The [United States](/usc/16/4244.md?p=12), as a party to [CITES](/usc/16/4244.md?p=2) and a large market for [worked ivory](/usc/16/4244.md?p=13), shares responsibility for supporting and implementing measures to stop the illegal trade in [African elephant](/usc/16/4244.md?p=1) ivory and to provide for the conservation of the [African elephant](/usc/16/4244.md?p=1).
- (9) There is no evidence that sport hunting is part of the poaching that contributes to the illegal trade in [African elephant](/usc/16/4244.md?p=1) ivory, and there is evidence that the proper utilization of well-managed elephant populations provides an important source of funding for [African elephant](/usc/16/4244.md?p=1) conservation programs.

## Source credit

(Pub. L. 100–478, title II, § 2003, Oct. 7, 1988, 102 Stat. 2315.)

## Notes

### Editorial Notes

### References in Text

The Endangered Species Act of 1973, referred to in par. (3), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, 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 section 1531 of this title and Tables.