[Congressional Record Volume 169, Number 183 (Monday, November 6, 2023)]
[Senate]
[Pages S5359-S5360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PRESIDENT'S REPORT TO CONGRESS RELATIVE TO THE SECRETARY OF THE 
INTERIOR'S CERTIFICATION UNDER SECTION 8 OF THE FISHERMAN'S PROTECTIVE 
ACT OF 1967, AS AMENDED (THE ``PELLY AMENDMENT'') (22 U.S.C. 1978) THAT 
NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA (PRC) ARE ENGAGING IN TRADE 
      OR TAKING OF EIGHT SPECIES OF PANGOLIN THAT DIMINISHES THE 
 EFFECTIVENESS OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED 
SPECIES OF WILD FAUNA AND FLORA (CITES), RECEIVED DURING ADJOURNMENT OF 
                 THE SENATE ON NOVEMBER 3, 2023--PM 29

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations:

To the Congress of the United States:
  On August 24, 2023, the Secretary of the Interior certified under 
section 8 of the Fishermen's Protective Act of 1967, as amended (the 
``Pelly Amendment'') (22 U.S.C. 1978), that nationals of the People's 
Republic of China (PRC) are engaging in trade or taking of eight 
species of pangolin that diminishes the effectiveness of the Convention 
on International Trade in Endangered Species of Wild Fauna and Flora 
(CITES). This letter constitutes my notification to the Congress 
consistent with subsection (b) of the Pelly Amendment.
  Pangolins, the world's only scaly mammal, are captured and trafficked 
at a higher rate annually than rhinoceroses, elephants, and tigers 
combined. Consumer demand for pangolin scales for traditional medicinal 
practices has pushed all eight pangolin species, originating from 
across Africa and Asia, toward extinction. Effective January 2, 2017, 
all species of pangolin were included in CITES Appendix I, which 
prohibits international trade for primarily commercial purposes. 
Despite this prohibition, the PRC remains the largest destination 
country for pangolin scales.
  The PRC has taken some steps to curtail pangolin trafficking at its 
international ports and has uplisted pangolins under its Wildlife 
Protection Law. Yet the PRC maintains a system that allows for the 
legal commercial trade of pangolin scales for medicinal use from its 
national stockpiles, thereby indirectly providing commercial avenues 
for selling illegal pangolin specimens through its domestic pangolin 
market. Provincial governments within the PRC are allowed to issue 
permits to designated pharmaceutical companies and other entities to 
acquire pangolin specimens from the PRC's national stockpiles for 
medicinal use.
  According to the United Nations, pangolin seizures have increased 
tenfold since 2014; moreover, based on data collected between 2007 and 
2018, 71 percent of seizures were destined for the PRC. The size of 
individual seizures has also increased; for example, in 2019 Malaysian 
authorities reported seizing a record-setting 30 tons of pangolin 
products. My Administration therefore remains concerned that, despite 
assurances from the PRC regarding its anti-trafficking efforts, demand 
for pangolin scales appears to be growing. The PRC must do more to 
close domestic markets for pangolins and pangolin specimens that 
provide cover for the illegal market. Without these actions, it is 
likely that pangolin populations will continue to decline, bringing the 
species closer to extinction.
  Since the Secretary of the Interior's certification on August 24, 
2023, executive departments and agencies have outlined conservation and 
anti-trafficking conditions that must be met by the PRC to ameliorate 
United States concerns that the PRC is undermining pangolin 
conservation under CITES. Necessary actions by the PRC that would 
demonstrate its commitment to pangolin conservation and compliance with 
CITES directives include completely closing its domestic market for 
pangolins and pangolin parts, transparent accounting of domestic 
stockpiles, and fully removing pangolins and pangolin parts from the 
national list of approved medicines. The PRC has made some progress 
towards its international commitments, but given the complexity of the 
PRC's domestic pangolin market and its overlapping jurisdictions, more 
time is needed to ensure that the appropriate agencies from the PRC are 
implementing the necessary steps to protect pangolin species from 
possible extinction.
  That is why I have directed the Department of State and the 
Department of the Interior to continue their ongoing efforts and to 
report back to me on

[[Page S5360]]

the outcome of the ongoing negotiations at the CITES Standing Committee 
meeting taking place in Geneva from November 6-10, 2023. If significant 
commitments by the PRC to implement CITES-directed measures to protect 
pangolin species have not been made by December 31, 2023, I plan to 
direct certain prohibitions on the importation of, and impose trade 
measures on, certain products from the PRC.
  The United States will take the steps necessary to end illegal trade 
in order to save pangolins from extinction, with the goal of 
demonstrating progress by the end of this year.
                                                 Joseph R. Biden, Jr.  
The White House, November 3, 2023.

                          ____________________