[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Pages 16487-16498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7851]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Policy on Giant Panda Permits
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of proposed policy for issuance of permits for giant
panda imports; request for comments.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a
proposed policy for issuance of permits for the import of giant pandas
under the Convention on International Trade in Endangered Species
(CITES) and the U.S. Endangered Species Act (Act). Current policy
regarding giant panda imports would be superseded by this policy, if
adopted. Specifically, no import permits would typically be issued for
animals intentionally removed from the wild. All imports would have to
be part of a coordinated international panda conservation effort, and
activities would need to benefit panda conservation by supplementing,
and not interfering with, China's breeding and research programs. Any
net profits raised as a result of a panda loan would need to primarily
fund conservation projects, educational programs, and/or breeding
efforts in China. The Service proposes two alternatives concerning
exhibition. One alternative would allow for import of pandas for short-
term exhibition loans only as an ancillary component of a captive-
breeding and/or scientific research program, when the display would not
interfere with the captive-breeding or research activities. In the
other alternative, the Service proposes to retain short-term exhibition
loans under certain limited circumstances. The basis for findings
required by the CITES on ``primarily commercial purposes'' and the Act
on ``enhancement of propagation or survival of the species'' are
outlined in this proposed policy. The suspension of the review and
processing of permit applications to import live giant pandas continues
until a decision is made on this proposed policy.
DATES: The Service will consider comments received by May 30, 1995.
ADDRESSES: Comments may be submitted to the Office of Management
Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room
420(c), Arlington, Virginia 22203. Materials received will be available
for public inspection by appointment from 7:45 a.m. to 4:15 p.m.,
Monday through Friday, at the Office of Management Authority, Room 434.
FOR FURTHER INFORMATION CONTACT: Management Authority: Kenneth B.
Stansell, Office of Management Authority, at the above address,
telephone (703) 358-2093; fax number (703) 358-2280.
Scientific Authority: Dr. Charles W. Dane, Office of Scientific
Authority, U.S. Fish and Wildlife Service, telephone (703) 358-1708;
fax number (703) 358-2276.
SUPPLEMENTARY INFORMATION:
Background
The survival and ultimately the increase in the population of the
giant panda (Ailuropoda melanoleuca) in its natural habitat is the
strong desire of the United States, the People's Republic of China
(China), and the international conservation community. As such, the
panda is subject to strict protection by its listing as an endangered
species under the Act and its inclusion in Appendix I of CITES.
The Service is responsible for regulating panda loans in the United
States by deciding whether to grant import, export, and re-export
permits required by the Act and CITES, and interstate and foreign
commerce permits under the Act. In making these decisions the Service,
under the Act, must determine whether the proposed activities are not
likely to jeopardize the continued existence of the giant panda and
would enhance its existence in the wild, and under CITES, would be for
purposes that are not detrimental to the survival of the species and
that are not primarily commercial.
[[Page 16488]]
In the late 1980's the proposals for short-term exhibition loans of
giant pandas became an increasingly controversial issue. During one
period in 1988, the Service received reports that as many as 30
institutions may have been negotiating, or planning to negotiate, with
various entities in China to arrange panda loans, potentially posing
additional threats to the wild and captive populations of pandas. As a
result the Service, through the public review process, published a
policy on March 14, 1991 (56 FR 10809), for the issuance of import
permits for short-term exhibition loans.
In 1992, after the Service had issued a permit to the Columbus Zoo
to import a pair of giant pandas for a short-term exhibition loan, the
CITES Secretariat requested the Service to reevaluate its policy on
panda imports. The Service published a notice in the Federal Register
on June 29, 1992 (57 FR 28825), requesting public comment on existing
policy. Three written comments were received. The International Union
of Directors of Zoological Gardens suggested that an international
management program be developed, especially for the captive population,
which should include: (1) The development of a comprehensive, accurate
inventory of captive pandas; and (2) a carefully designed breeding
program, engaging as many founders and contributors to the gene pool as
possible. Although accepting that there may be pandas incapable of
breeding that could be used for exhibition, they recommended a complete
ban on exhibit loans until a panda management plan is in place.
The World Conservation Union (IUCN) stated there should be a
moratorium on short-term non-breeding loans of pandas until there is
sufficient evidence that such loans would contribute to a long-term
conservation strategy in captivity and in the wild. They believed there
is need for a strategy defining priority conservation activities for
the species.
The New York Zoological Society viewed short-term exhibition loans
as money-making commercial ventures that should not be considered as
``not for commercial purposes'', stating that any policy should meet
the mandatory standards that the American Zoo and Aquarium Association
(AZA) has proposed. In their view, poaching continues as a major
problem, yet little is being done to stop it. They maintained there
should be a complete moratorium on loans until: (1) There is an
adequate and complete register and studbook of captive pandas; (2) a
complete series of priorities and projects are agreed to by
conservation organizations and China; and (3) agreements can be
developed with IUCN to meet international conservation concerns,
including increased efforts to stop poaching and preserve habitat.
Verbal comments were made by the World Wildlife Fund (WWF) within
the comment period, expressing concern about commercial aspects of
exhibition loans and the distinction that had been made by the Service
in this regard, and that income to the parent city of a zoo should also
be considered. They were concerned that exhibition loans could reduce
breeding and induce taking from the wild. They thought the Service
should provide a clear indication of how it will examine the
educational aspect of any exhibits.
Before evaluation of the existing policy on short-term exhibition
loans was completed, the Service received an application from the
Zoological Society of San Diego (ZSSD) to import a pair of giant pandas
for a long-term, captive-breeding loan. On April 20, 1993, the AZA
announced the development of a Giant Panda Conservation Action Plan,
which has since been formalized. The plan outlines a captive-breeding
program with support from 29 zoological institutions in North America.
In addition, in July 1993 China's Ministry of Construction (MOC)
published the second giant panda studbook, listing all pandas currently
in captivity.
With the possibility of receiving an increasing number of import
permit applications for giant pandas for public exhibition, scientific
research, and/or captive breeding purposes, the Service felt that a re-
examination of the long-range implications of panda imports was
necessary to ensure that such imports best serve the conservation needs
of the species. Thus, on December 20, 1993, the Service announced in a
news release the temporary suspension of the processing of any new
permit applications for the import of live giant pandas during a
reassessment of the current policy. On May 4, 1994, the Service
requested public comments and announced a working public meeting to
assist the Service in formulating the draft revised policy (59 FR
23077). The suspension of review and processing of any new live giant
panda import permits remains in effect.
Public meetings were held by the Service on May 26 and August 23,
1994. For its review, the Service sought information on: Giant panda
status and population trends; current information on habitat
availability and continuing loss; the status of current breeding
efforts; the need to augment breeding efforts outside of China; whether
there is adequate genetic diversity within the captive population to
maintain sufficient heterozygosity in future generations; whether there
is a need for additional genetic material from the wild; the status of
reintroduction; and the need for research priorities. The Service also
sought information on the status of all existing or proposed
conservation programs and management plans for the giant panda.
Comments were sought on the current panda loan policy and on specific
elements of the findings necessary for permit issuance, including
``primarily commercial purposes'' and ``enhancement''.
As a result of the public comment period in 1994, written
information and comments were received from the AZA, Busch Gardens, the
Humane Society of the United States (HSUS), WWF, and the ZSSD. The AZA
commented that: (1) All importers of giant pandas must be required to
participate in the giant panda studbook; (2) most of the funds
contributed to China must be used for giant panda field conservation
projects; (3) there must be a project selection and monitoring system
established in China and overseen in North America for the use of funds
generated by panda loans; (4) the permittee must show that the
importation will not detract from the current panda captive-breeding
program in China; (5) genetic and demographic criteria should be used
to determine selection of pandas to be imported; (6) there should be no
lower age limit for animals to be imported, and pre-reproductive
animals should be allowed if the permittee can demonstrate their value
within a holistic panda conservation program; (7) loans should be
longer than 3 years; (8) animals to be imported must be individually
identified; (9) importing facilities must follow recommended minimum
housing guidelines, and facilities should be approved by the Chinese;
(10) the permittee must show that the importation is part of the AZA
Giant Panda Conservation Action Plan, or a similar plan; (11) all
permittees must support research aimed at resolving husbandry and
management problems of giant pandas and at increasing reproductive
success; (12) import must be for a scientific purpose or survival of
the species and not likely to jeopardize the continued existence of the
species; (13) no animals are to be used in animal acts while in the
United States; (14) there must be an education component; and (15) part
of the program must be to assist the Chinese in technology transfer and
training and collaborative efforts in [[Page 16489]] panda husbandry,
management, and health care.
Busch Gardens commented that: (1) The Service should lift its
moratorium on the importation of giant pandas and establish a new
policy promptly; (2) since the current policy establishes guidelines
for only short-term exhibition loans, the new policy should set
specific guidelines for long-term captive-breeding loans; (3) the new
policy should recognize that long-term breeding loans sponsored by the
AZA under its conservation plan are inherently non-commercial and,
therefore, meet the CITES requirement of being ``not for primarily
commercial purposes'', and ``for-profit'' institutions that participate
in the AZA program should be treated in the same way as ``not-for-
profits''; (4) accounting or reporting obligations should not be
imposed on the importer as a result of a long-term breeding loan as
they are unnecessary, impracticable, and unprecedented; and (5) neither
CITES nor the Act requires an ``in fact'' finding by the Service that a
proposed activity will enhance propagation or survival of the panda,
and participants in the AZA plan should automatically meet the
enhancement standard of the Act.
The HSUS indicated that: (1) The previous exhibition of pandas in
zoos in the United States has not resulted in the improvement of the
status of pandas in captivity or in the wild, and experience has shown
that large populations of animals in captivity are not an effective
conservation tool; (2) they oppose the removal of an endangered animal
from the wild for confinement and breeding in zoos unless preservation
of the species' ecosystem is assured; (3) it would be desirable to
duplicate the experience in Chinese breeding centers of maintaining a
number of pandas clustered at one location for breeding; (4) the import
of pandas to zoos will always serve a commercial purpose, and there has
been little control or guarantee of what happens to funds going to
China for panda conservation; and (5) funds, technical assistance, and
other efforts should be directed toward protecting habitat and
reintroductions. The WWF commented that: (1) Long-term breeding and
research loans must be part of an integrated, international program
designed to complement conservation efforts for the wild panda
population; (2) research loans must be for research that is of high
priority, is best conducted outside China, and will produce results
that will contribute to the pool of knowledge about giant pandas; (3)
standards for commercial vs. not-for-profit institutions need to be
clarified--if import of a panda by a city-owned institution can result
in the benefit to the local economy in the same manner that for-profit
institutions operate to generate a profit, all institutions should be
held to the same stringent standards; (4) the standards for ``primarily
commercial'' need to be defined to consider the motivation for a giant
panda loan; (5) the requirements on accounting and allowable expenses
need to be strengthened--the Service should consider setting a ceiling
on the associated expense that an exhibitor can deduct from revenues
generated by the loan; (6) it should be clarified that education of the
American public is not a criterion in making permit decisions, and
education in China related to in-situ panda conservation should be
considered as a component of an integrated conservation program; (7)
better documentation should be required on the specific conservation
projects in China that are to receive funding from an exhibitor, and
China's approved and complete National Conservation Project Plan for
the Giant Panda and its Habitat (National Plan) for pandas should be
used as a guide; and (8) the Service must monitor performance of
exhibitors on an annual basis to ensure they are complying with the
provisions of the permit.
The ZSSD commented that: (1) There is a need to clarify existing
regulations and guidelines; (2) there needs to be a framework that
includes agreement on the role for captive breeding, coordinated and
effective research with agreed-upon, but flexible, research objectives,
effective habitat preservation and restoration with emphasis on
management of human conflicts, sufficient funding to accomplish these
tasks, with agreed-upon monitoring and sufficient accountability for
revenues and expenditures, and agreement on the role of display; and
(3) they feel strongly that captive breeding is central. They suggested
an approach to the policy that includes a framework agreement between
AZA and the Chinese government that would identify priority
conservation projects and research priorities with integrated
participation by U.S. institutions. Permits could be issued to
institutions based on this agreement, and a monitoring and
implementation process could be established involving key parties, such
as the AZA, the permittee, the Service, and the WWF.
The Service considered these comments and comments given at the two
public meetings, plus the experience it has gained since 1991 in
applying the current policy, to draft a new proposed policy. The
following summarizes information the Service received and gives a brief
description of elements in this proposed policy.
Population Status
Precise data on the size of the wild population of giant pandas are
not available. The most recent survey, performed from 1985 to 1988,
concluded there were between 872 and 1,352 pandas in the wild. The most
common current estimate is that there are fewer than 1,000 giant pandas
left in the wild and that the population is continuing to decline. In
less than 15 years, from 1975 to 1989, the total area of panda habitat
declined by 53 percent. This decline was primarily due to logging,
grazing, and conversion of forest habitat to agriculture and other
uses, resulting in the fragmentation of habitat into small islands. The
1985-88 survey found the wild panda population to be fragmented into 24
isolated groups separated by mountain ranges, rivers, roads, forest
clearings, and human settlements. Some of these groups contain fewer
than 10 pandas, making them vulnerable demographically and genetically.
Without genetic exchange among these populations, the persistence of
such small islands of pandas over time is questionable. In addition,
poaching continues to take its toll, despite the imposition of harsh
penalties, including execution.
Status of Captive Breeding in China and the Need for Breeding Efforts
Outside of China
The continued decline of the wild population of giant pandas and
the increasing fragmentation of its habitat make it increasingly
important to establish a self-sustaining captive population. The
existence of a robust captive population could provide insurance
against increasing threats to the wild population. The current captive
population represents about 10 percent of the total panda population,
captive and wild. As of June 1993, there were 113 giant pandas in
captivity in 35 institutions--98 animals were in institutions in China
and 15 pandas were in 8 institutions located outside of China. Three
institutions had 14 to 21 pandas and 4 had 4 to 6 animals. The
remaining 28 institutions had 1 or 2 animals. The Chinese recognize
that these captive pandas need to be moved for better breeding
opportunities and to ensure that all mature individuals participate in
breeding. Of the 15 pandas currently held in 8 institutions outside
China, 5 institutions hold only 1 panda. These data demonstrate the
great need to coordinate the movement of captive-held pandas
internationally.
[[Page 16490]]
The captive-breeding program in China is not currently self-
sustaining. Between 1936 and 1988, 345 pandas held in captivity
produced 67 litters of 106 cubs, with only 32 surviving more than a
year. In recent years, improvement in management and joint efforts
within China have enhanced breeding and survival rates and reduced the
infant mortality rate of the captive population. However, a review of
the International Studbook of the Giant Panda suggests that the current
number of founders that have contributed to the captive population is
inadequate. According to the studbook, the current captive population
is descended from 30 founders. However, recent research suggests that
fewer than 30 founders may exist because the paternity of some of the
captive-born pandas is uncertain. The current captive population
includes 57 wild-caught pandas that have not reproduced, but only 31 of
these are currently of reproductive age. If these pandas could be
encouraged to breed before their deaths, the captive population might
not need additional genetic material from the wild population for
several generations. If immediate action is not taken to enhance
captive propagation efforts, additional genetic material might have to
be taken from the wild to ensure sufficient genetic diversity in the
captive population.
Reintroduction
In view of the information on the status of the panda in the wild
and in captivity, the Service recognizes that reintroductions cannot
occur until a self-sustaining population of captive-born animals is
achieved and sufficient areas of panda habitat are available and
secure. The reintroduction of giant pandas is a long-term goal that
needs to be incorporated into coordinated international conservation
efforts. Protocols for reintroduction must be developed so that they
are available when opportunities for reintroduction arise. As used in
this notice, a coordinated international panda conservation effort
means an organized plan through which all panda imports support high
priority projects in China's National Plan and are coordinated with
China's captive-breeding plan and the AZA Species Survival Plan (SSP)
for the panda or other applicable multi-national breeding plans.
Research Priorities
There needs to be a coordinated global effort to set priorities for
panda research. China's National Plan (see following section) provides
the following research priorities: (1) habitat improvement; (2)
captive- breeding; (3) ecology, population status, and monitoring; (4)
rearing and nutrition; (5) prevention of illness; and (6)
reintroduction of captive pandas to the wild. The ``Giant Panda
Breeding Plan'' developed in China (see following section) lists the
following areas that need basic research: (1) artificial insemination
biology and techniques; (2) breeding behavior; (3) disease prevention;
(4) reproductive physiology; (5) diet; (6) mating ability; (7)
reproductive longevity; and (8) fertility. Because of the precarious
level of the panda population, it is important that research findings
are shared quickly and that information and methodologies are
transferred to China for use in the field and in the captive-breeding
program.
Giant Panda Conservation Plans
In the past decade, there appear to have been advances in panda
conservation as a result of international cooperation with the Chinese
ministries. The WWF worked closely with the Ministry of Forestry (MOF)
to develop a panda conservation plan, which was submitted to the
Chinese government in 1989. China's National Plan evolved from this
plan, and in 1993 it was approved by China's State Council, with the
subsequent development of a priority list of the projects included in
the plan. The National Plan proposes establishing 14 new panda
reserves, improving 13 existing giant panda nature reserves,
constructing 18 panda migration corridors, and setting up 32 habitat
management stations. It would cover most of the currently occupied
panda habitat, protecting 95 percent of pandas in the wild. With the
adoption of the plan, the Chinese government made a major commitment to
the conservation of pandas and the plan by appropriating $13 million
for its implementation. However, the total required for completion is
estimated at $77 million, leaving more than $64 million that must come
from outside sources over the next 10 years.
To carry out the fund-raising activities effectively and to ensure
that the funds raised would be used entirely for the conservation
projects, China issued guidelines, ``Utilization and Management of
Funds Generated for China's National Conservation Project for the Giant
Panda and Its Habitat,'' which have also been approved by China's State
Council. The guidelines indicate that the MOF is responsible for
coordinating and organizing the raising of funds under the National
Plan and any funds generated must be submitted to the China Protecting
Giant Panda Project Office (Project Office), which will be responsible
for assuring that specific funds will be used in specific areas. After
deductions for some overhead costs, funds will be used entirely for
projects in the National Plan, allocated on a priority basis and the
Project Office is responsible for announcing the allocation and
expenditure of funds generated for the National Plan.
Advances have been made in the captive-breeding efforts as well. In
1993, the second international studbook of giant pandas was published,
listing all births, deaths, capture locations, and other valuable data.
In September 1993 at the International Giant Panda Conference in
Chengdu a document entitled, ``Giant Panda Captive Breeding Plan'' was
presented. It references the Giant Panda Breeding Technical Committee,
which coordinates captive-breeding. Although the Service does not know
whether this document will become official, it is a clear indication of
the increased cooperation between Chinese zoos and MOF panda-breeding
facilities.
Recent events suggest that China is interested in working with
entities outside of China in an integrated conservation effort that
includes conservation in the wild and captive propagation. On January
14, 1994, an agreement was signed between AZA and Chinese officials, in
which the Chinese support the long-term giant panda captive-breeding
cooperative plan in North America as presented by AZA. The Chinese also
indicated that giant pandas removed from the wild before March 1993 and
captive-born specimens that do not detract from the breeding efforts in
China would be made available for the North American captive
population. As part of this agreement, AZA is developing procedures for
verifying expenditures within China and for monitoring the progress of
conservation projects. Furthermore, China has already agreed to allow
AZA personnel to visit China to monitor projects.
The Giant Panda Conservation Action Plan developed by AZA is
intended to supplement and support China's National Plan. It calls for
14 priority actions to be implemented by signatories in full
collaboration with Chinese colleagues and other conservation
organizations. One of the priority actions is to establish a giant
panda SSP. The goals of the SSP would include preservation of the
species' genetic diversity; research contributing to the survival of
both wild and captive populations; public education and professional
training, including technology transfer; and direct support
[[Page 16491]] of habitat conservation, including financial support.
Purposes
The primary function of any import of giant pandas must be to
enhance the ultimate conservation of the species in the wild. This will
require a variety of activities and actions in China, including habitat
protection, habitat restoration, creation of corridors linking isolated
populations, elimination of poaching, development of compatible
resource uses in giant panda habitat, educational programs in China
that stress the importance of preserving giant pandas and their
habitat, development of a self-sustaining captive population, and,
eventually, reintroduction of captive-bred animals. This proposed
policy would allow for the issuance of permits to import pandas for
captive-breeding, scientific research, and/or exhibition purposes, when
the activity is part of a coordinated international panda conservation
effort. It proposes two alternatives for exhibition. In alternative 1,
exhibition would only be allowed as an ancillary component to captive-
breeding or scientific research, and such exhibition would be
contingent on the absence of conflict between public display and the
primary research or captive-breeding activities. Alternative 2 would
allow the import of pre-breeding age male pandas for short-term
exhibition under certain circumstances. The proposed policy emphasizes
that, in addition to the specific purpose(s) of a loan, the permittee
must typically fund conservation projects and/or captive-breeding in
China, as well as the transfer of scientific and captive-breeding
methodologies or conservation education programs to China. Since there
are a number of pandas owned by entities outside of China, this
proposed policy includes references not only to China but also to
lending institutions in other countries. The proposed policy would
continue to prohibit the use of pandas in animal acts or shows.
Wild-Taken Pandas
In the past it has been suggested that giant pandas have been
recovered (i.e., ``rescued'') from the wild without sufficient
justification, and that such removals were necessary for survival of
the species in the wild. The increased international demand for captive
giant pandas may have provided incentives that were misdirected in some
instances. The bamboo die-offs of the early 1980's perhaps stimulated
misguided and unnecessary removals of pandas from the wild.
In recent years, the Chinese government has taken a firm position
on captures from the wild and the number of animals brought into
captivity has declined. The August 1989 joint report of the MOF and WWF
titled, The National Conservation Management Plan for the Giant Panda
and its Habitat (WWF Plan), includes Guidelines for Rescue Operations
in Section 3.8. These recommendations were apparently developed with
the bamboo die-off of the early 1980's in mind, and they recommend,
among other things, that: (1) No further panda emergency operations
should be mounted until another major wave of bamboo flowering affects
the panda range; (2) villagers should not receive any financial
incentive to rescue pandas; (3) villagers who encounter starving pandas
should report immediately to the local forestry officials or designated
rangers, who must visit the site to decide whether rescue is necessary;
and (4) rescue should only be attempted in terminal cases. It further
states that ``some of these regulations are already accepted,'' we
assume, by the MOF. The National Plan evolved from this 1989 plan.
A Sichuan Forestry Department document, with a February 20, 1993,
date, titled, ``Procedure for the Conservation and Rescue of the Giant
Panda'' (Rescue Procedures), outlines procedures for reporting the
occurrence of ill or injured pandas, authorities responsible for rescue
decisions, and options to be considered in a rescue. It also refers to
a national protocol on panda rescue, and indicates that Sichuan had
taken actions regarding possible panda rescues following the lead of
the State Council and the MOF. Therefore, it would appear that national
panda rescue regulations or policy similar to those used in Sichuan
were in effect at least by February 20, 1993.
This policy proposes that pandas removed from the wild prior to
December 31, 1986, would be considered for an import loan. This date
approximately follows the peak of bamboo die-off in about 1983 by 3
years, allowing a period during which pandas might still have been
affected by that event. It appears the Chinese have established even
greater restrictions on the rescue of pandas since then. Therefore, the
Service generally would not consider any import of pandas removed from
the wild after December 31, 1986, unless the circumstances of the
removal clearly indicate that the removal conformed to Chinese
regulations and was in the best interest of the individual animal and
the species.
Age and Other Parameters of Animals Available for Loans
No post-breeding age pandas would be considered for import. Since
data now indicate that the reproductive age is higher than originally
thought, the Service proposes that post-breeding pandas would be over
20 years of age. The Service feels that the risks from transport to
animals over this age would not be acceptable.
For Alternative 1 in the ``Exhibition'' section, the Service
proposes that pre-breeding age pandas will not be considered for an
import permit, except for female pandas within an estimated 6 months of
their first estrus. For Alternative 2, for short-term exhibition, only
the import of pre-breeding male pandas would be considered.
Length of Loans
The Service believes that the length of giant panda loans should be
determined by the purpose(s) of the loan and the length of time
necessary to accomplish the goals of the import. The Service feels that
internationally coordinated giant panda conservation efforts could
incorporate various types of loan arrangements requiring varying
lengths of time.
Conservation Benefits of Specific Projects
The Service continues to emphasize the need to relate giant panda
imports to the enhancement of the species in the wild, especially
through funding of in situ projects. It is expected that most imports
would be for multiple purposes and funds would be generated.
The Service proposes that the allocation of net profits derived by
the applicant during a loan period that can be attributed to the loan
should be based on ownership of the panda, and should be used for
specific areas of conservation. If the panda is owned by China, at
least 80 percent of net profits must be used to fund in-situ
conservation projects in China's National Plan. Remaining funds would
be used for panda conservation, including additional in-situ
conservation projects, education, and/or captive-breeding efforts in
China. If the panda is owned by an entity other than China, at least 50
percent of the funds must be used to fund in-situ conservation projects
in China's National Plan. Remaining funds would be used for panda
conservation, including additional in-situ conservation projects,
education, and/or captive-breeding efforts inside China, and/or
captive-breeding efforts outside of China. Specific conservation
projects [[Page 16492]] and/or activities to be funded must be high-
priority projects included in China's National Plan or otherwise
specifically and thoroughly justified. The applicant would be required
to provide a complete monitoring plan to track disbursement of funds
and progress of projects. Instead of outlining exact requirements, the
Service proposes that monitoring plans contain components that would
clearly show that the projects to be funded will be completed. This
should include identification of specific projects with timeframes
given for tasks to be completed, and a plan outlining how progress
would be documented and how some site inspection would occur. China has
recently agreed to these components when working with several groups in
the United States. The Service would monitor the progress by requiring
the permittee to submit at least an annual report of funds transferred
and status of projects funded and implemented.
The Service also proposes that a summary of projects to be funded
would be published in the Federal Register as part of the public review
process when an application is received for a permit to import a giant
panda.
Scientific Research
The Service proposes that import applications for scientific
research outline how the research would contribute to the conservation
of the panda in the wild and in captivity. The proposed policy requires
that the applicant provide a research proposal that demonstrates that
the research is properly designed and can be accomplished with the
available expertise and resources. The Service will not categorize or
identify acceptable kinds of research but will retain the option of
judging the validity and/or current need of the proposal based on
priorities given in a coordinated international panda conservation
effort and in China's National Plan.
If the panda would also be on exhibition, the applicant must have a
monitoring plan to ensure that the display does not interfere with the
research or bias the data.
To the extent possible, the Service would expedite permit
applications for biological samples under certain conditions. The
researcher needs to keep in mind that under CITES export permits are
only valid for 6 months and import permits for 1 year. Authorization
under the Act may be granted for 4 years, but then would need to be
published in the Federal Register for public comment before renewal.
Captive Breeding
The proposed policy would require permittees who import pandas for
captive-breeding purposes to participate actively in a coordinated
international panda conservation effort. Breeding loans need to benefit
panda conservation by supplementing the breeding program in China to
achieve a self-sustaining captive population. Since many of the pandas
to be imported into the United States for breeding would have a history
of not reproducing, it is anticipated that there will be a research
component to the captive-breeding activities.
If the panda would also be on public display, the applicant must
have a monitoring plan to ensure that the display does not interfere
with the breeding program.
Exhibition
To date, almost all of the loans of giant pandas to the United
States have been solely for short-term exhibition purposes and the
generation of funds for conservation and captive-breeding activities in
China. Funds from the loan of one captive panda from the United Kingdom
were used to improve facilities for that animal while at Chapultepec
Park Zoo in Mexico City.
The Service anticipates import applications that include public
display would contain a component to educate the public in the United
States about the ecological roles and conservation needs of the giant
panda, but this in and of itself would not be considered to meet the
requirement under the Act of enhancing the survival of the giant panda
in the wild. If the applicant proposes to develop panda conservation
education programs that would be transferred to China, the Service
would consider this component as possibly meeting part of the
enhancement requirement. The Service emphasizes support for education
in China because there appears to be a need for educational programs in
areas near giant panda habitat and reserves to enhance panda
conservation.
The Service proposes two alternatives on exhibition and invites
public comment.
Alternative 1--Exhibition Solely as an Ancillary Component. Under
this alternative, which would be consistent with the AZA moratorium on
short-term panda loans, import of pandas solely for exhibition loans
would not be allowed. Educational display would only be allowed as an
ancillary component of a captive-breeding and/or scientific research
program, when the display would not interfere with the captive-breeding
or research activities. Even temporary loans of pandas to another
institution during the non-breeding season would not be allowed, as
this could be disruptive to behavioral interactions, endocrine
monitoring, and research designed to maximize breeding success.
With advances in coordinated international conservation efforts for
the giant panda, the Service proposes that institutions in the United
States focus their energies on activities with captive pandas that best
ensure their recovery. The Service recognizes that the use of any of
these animals for short-term exhibition could detract from the overall
captive conservation efforts by stimulating institutions to use
resources for short-term exhibition, rather than committing resources
to needed captive breeding or research. Furthermore, the use of
breeding age pandas for short-term exhibition loans could increase the
stress and reduce acclimation of pandas to breeding surroundings while
minimizing the opportunities for important research and captive-
breeding activities. Thus, in this alternative the Service proposes to
discontinue the issuance of permits for the import of pandas for solely
exhibition purposes (even though such exhibits might raise substantial
funds to go back to China); every panda loan would be required to have
intrinsic conservation benefits in its own right, in addition to
financial contributions to China.
Alternative 2--Short-term Exhibition. In this alternative, the
Service would issue permits for the import of giant pandas not only for
activities as described in alternative 1, but also solely for short-
term exhibitions under specific conditions designed to raise funds to
be returned to China. Exhibition loans could provide significant
funding in support of conservation projects for pandas in the wild, but
the Service is still considering whether such loans would in any way
have a detrimental affect on pandas in the wild, or would detract from
captive-breeding or research efforts.
Greater revenues for panda conservation might be likely from
exhibition loans because of higher visitation rates for shorter periods
of time, and because viewing opportunities might occur at facilities
that might otherwise not be able to qualify for scientific research or
captive-breeding purposes. Some concerns expressed in the past about
exhibition loans, such as the lack of a studbook and the lack of
project priorities, have been addressed, and other concerns about
accountability and the lack of a master breeding plan are being
addressed. Nevertheless, there [[Page 16493]] remain concerns that
short-term loans could in some way affect breeding, stimulate take of
additional pandas from the wild, and/or detract from efforts to support
overall captive-breeding efforts. Such loans emphasize the purely
financial benefits that may be gained from exhibition, rather than any
intrinsic benefit from the loan itself.
While there is no available evidence that the import of pandas of
pre-breeding ages, as allowed by the previous policy, had subsequently
had a detrimental effect on their breeding, AZA has suggested that the
loan of only male pandas would further minimize the effects of loans on
breeding. The Service agrees with the AZA suggestion and proposes that
if the final policy allows any short-term exhibition loans, they would
be limited to young, pre-reproductive age male pandas.
With regard to the possible removal of pandas from the wild,
projections have changed in that: (1) China in recent years has taken a
firm position on capture of pandas from the wild, (2) the Service's
proposed policy continues not to allow the import of any pandas that
were removed from the wild after 1986, except in unusual yet
justifiable circumstances, and (3) the studbook allows for a check on
parentage of any captive-bred pandas.
Finally, with regard to possible disruption of efforts to maximize
the breeding potential of the captive population, the Service notes:
(1) That the Chinese have been developing a captive-breeding plan, (2)
the Chinese are supportive of AZA's efforts to augment captive-breeding
efforts through research and emphasis on non-reproductive pandas, and
(3) the zoo community has shown increasing interest in supporting long-
term captive-breeding efforts, although the expense of constructing
suitable facilities might exclude some zoos from participating in such
long-term loans.
If after reviewing the comments and information received from this
notice, the Service concludes that short-term exhibition loans would
not be allowed, the Service would likely review this aspect of the
panda policy again after accumulating or four or five years' experience
and data under the new policy.
Primarily Commercial Purposes
Giant panda loans must be for purposes that are not primarily
commercial. This proposed policy does not reflect a significant change
from the previous policy since the requirements of CITES have not
changed, but there are a few additions. One of the proposed changes is
a description of reasonable expenses that could be deducted to
calculate net profit, and items that would not be considered reasonable
expenses. Another is that the applicant would need to submit a
certified statement from a reputable, independent accounting firm that
the internal accounting system meets the requirements of Service policy
for tracking funds.
Suitability of Facilities
CITES and the regulations under the Act require that the evaluation
of an application for an import permit includes consideration of
whether the applicant is suitably equipped to house and care for the
animals to be imported. The proposed policy continues to require the
applicant to demonstrate it has acquired available information on giant
panda care and facilities, and training for involved keepers, as well
as approval by the Chinese of the quality of the facilities. Although
these requirements would enable an evaluation of the applicant's
initial abilities to house and care for giant pandas, the Service now
feels that additional assurances are needed regarding the long-term
care and health of the animals. Therefore, under this proposed policy
applicants would be required to develop a protocol for monitoring the
continued health and behavior of giant pandas throughout the loan
period, or to describe an existing protocol that will be used for this
purpose.
Transfer of Pandas to Other Entities within the United States
Before a giant panda is transferred between facilities within the
United States, the recipient must obtain an interstate commerce permit
under the Act. The Service would, to the extent possible, facilitate
the transfer of animals when it is part of a coordinated breeding
program. The transfer of animals must also have the prior approval of
China or the entity that owns the panda. The number of times an
individual panda is transferred within the United States would be
closely monitored to protect the overall health of the animal.
Response to the CITES Secretariat's Views on Giant Panda Loans
The text of the 1991 policy is not significantly changed in the
proposed revised policy. The requirement of permits under the Act is
clarified as the pre-Act exemption (Section 9(b) of the Act) does not
apply to animals to be transferred under a lease-hold agreement.
Public Comments Solicited
The Service requests comments on this proposed policy. The final
decision on this proposal will take into consideration the comments and
any additional information received, and such consideration might lead
to a final policy that differs from this proposal.
Required Determination
This document was not subject to Office of Management and Budget
review under Executive Order 12866. The information collection
requirements identified in this policy as part of the permit
application have been approved by the Office of Management and Budget
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned
clearance number 1018-0022.
The Service has determined that this proposed policy is
categorically excluded under Departmental procedures from complying
with the National Environmental Policy Act (NEPA) (516 Departmental
Manual, Ch. 2, Appx. 1, paragraph 1.10). An Environmental Action
Memorandum is on file at the Service's Office of Management Authority
in Arlington, Virginia.
Proposed Revised Policy on Giant Panda Loans
Before any import permit will be issued, the application must be
reviewed in terms of the applicable requirements of CITES and the Act
by the Service's Offices of Management and Scientific Authority.
Issuance of an import permit under CITES requires prior findings that:
(1) The proposed import would not be for purposes detrimental to the
survival of the species; (2) the import would not be for primarily
commercial purposes; and (3) the permit applicant is suitably equipped
to house and care for the animals. Issuance of a permit under the Act
requires prior determinations that, among other things: (1) The import
would be for scientific purposes or to enhance the propagation or
survival of the species, in a manner consistent with the purposes and
policies of the Act; and (2) issuance of the import permit would not be
likely to jeopardize the continued existence of the species. These
requirements are further implemented by application requirements and
issuance criteria found in 50 CFR 13.12, 17.22, 23.14, and 23.15. In
addition, Section 9(d) of the Lacey Act, with regulations at 50 CFR 14,
Subpart J, requires that shipments of live wild mammals being shipped
to the United States are done under humane and healthful conditions
[[Page 16494]] such that the animals arrive alive, healthy, and
uninjured. The policy requires the applicant to demonstrate that the
animals will be shipped so as to satisfy this requirement.
Purposes
The primary goal of the policy is to ensure that all imports of
giant pandas contribute toward the survival, and ultimately the
increase to a self-sustaining level, of panda populations in the wild.
All imports must be part of a coordinated international panda
conservation effort, a term used in this policy to mean an organized
plan through which all giant panda imports support high priority
projects in China's National Plan and are coordinated with China's
captive-breeding plan and AZA's SSP or other applicable multi-national
breeding plans. The Service anticipates that most import permit
applications will be for multiple purposes. Applicants must identify
the primary purpose for the proposed import and all other intended
purposes. No activities for additional purposes may be undertaken
during the course of the loan without approval from the Service.
The ultimate objective of managing captive pandas should be for
breeding and research purposes, and any training or use of pandas in
animal acts would be considered as detracting from this objective.
Therefore, use of pandas in animal acts or shows during the loan period
would be prohibited by condition of the permit.
Wild-Taken Pandas
The following guidelines will be used to evaluate import
applications involving pandas removed from the wild. These time
constraints are based on information available to the Service
suggesting that the removal of pandas from the wild has increasingly
come under control by the Chinese, starting prior to the WWF Plan of
August 1989.
In all cases, the Service will continue its policy of approving
import permit applications only when it is sure that the loan did not,
or will not, contribute to the removal of pandas from the wild.
1. Pandas removed from the wild prior to December 31, 1986, will be
considered for an import permit.
2. The importation of pandas removed from the wild after December
31, 1986, will not be considered, unless information describing the
circumstances of their removal clearly indicates that the Rescue
Procedures were followed, that the animal(s) was malnourished, ill, or
injured to a degree that justified its removal, and that circumstances
of the animal's recovery, of habitat conditions, of population density,
or other reasons provided clearly precluded reintroduction of the
animal(s).
Age and Other Parameters of Animals Available for Loans
1. Pandas over 20 years of age will not be considered for an import
permit because they are probably beyond breeding age, and the risks
from the stresses of travel are not biologically acceptable.
2. For alternative 1 in the ``Exhibition'' Section, pre-breeding
age pandas will not be considered for an import loan. This would
include females under 4 years of age, and males under 5 years. Even
though it is expected that captive-breeding loans will concentrate on
the use of pandas that have not been successfully bred in China (or
elsewhere), there may be situations in which females within 6 months of
their first estrus would be considered to allow a pre-breeding period
of acclimation of a pair.
3. In alternative 2, only pre-breeding age male pandas from the age
of 2 to 5 will be allowed for short-term exhibition loans.
Only male pandas that are independent of maternal care but
are not yet of breeding age or approaching breeding age will be allowed
to be imported. Specifically, this include males at least 2 years of
age at the beginning of a loan period and under 5 years at the end of a
loan period.
No pre-reproductive female pandas or breeding age giant
pandas of either sex will be considered for short-term loans, even
during the non-breeding season.
Length of Loans
The Service will evaluate the length of time requested for the
proposed loan to ensure it is appropriate to the proposed activity. For
example, if the primary purpose of the import would be for captive
breeding and/or research, the length of the loan should be of
sufficient duration to accomplish the stated goals. Generally it is
anticipated that such activities may require 3 to 5 years, or perhaps a
longer time for the maximum benefit to captive-breeding activities in
the United States.
Conservation Benefits of Specific Projects
All of the net profits resulting from the import are to be used for
conservation of the giant panda and its habitat. Emphasis is on in-situ
conservation projects as listed in China's National Plan.
1. Whenever funding is associated with the import of giant pandas,
the following must be satisfied:
(a) Net profits are to be allocated as follows:
If the animals are owned by China, at least 80 percent of
the funds are to be used for in-situ conservation projects for the
giant panda and its habitat in China as listed in China's National
Plan. The remaining funds must be used to support conservation,
including additional in-situ projects, education and/or breeding
efforts for the giant panda in China. In the event that profits
generated exceed the ability of the Chinese to apply the monies to
priority projects or captive-breeding in China at any one point in
time, then funds may be used to support breeding efforts for the giant
panda outside China with approval from the Service.
If the animals are owned by an entity other than China, at
least 50 percent of the funds are to be used for in-situ conservation
projects for the giant panda and its habitat in China as listed in
China's National Plan. The remaining funds must be used for panda
conservation, including additional in-situ conservation projects,
education, or captive-breeding efforts in China, and/or captive-
breeding efforts outside of China as part of a coordinated
international panda conservation effort.
(b) Conservation projects to be funded must meet the following
conditions:
They must be included in a coordinated international panda
conservation effort, or compelling reasons must be given for funding
other projects. Preferably, any conservation or breeding plan cited as
including projects to be funded should be formally approved by China's
Project Office of MOF or the appropriate entity in another country, but
plans or programs that have not been officially approved will be
considered.
They must be considered to be of high priority in the most
recent coordinated international panda conservation effort.
They must be described as specifically as possible, with
funding allocations to specific tasks given in foreign currency (e.g.,
yuan) and in U.S. dollars, and projected timeframes given for use of
the funds to initiate and complete specific projects or activities.
(c) The applicant must provide a plan to monitor the disbursement
of funds for selected conservation projects or activities. The plan
needs to be sufficiently complete so that the Service is satisfied of
its effectiveness and that the projects to be funded will be completed.
Such a monitoring plan [[Page 16495]] should include provisions
equivalent to the following:
Before funds are transferred to the appropriate office in
China or the lending entity, the permittee and the appropriate foreign
entity should agree on a detailed budget, work plan, and timetable for
project completion. Specific, measurable objectives and a schedule for
progress reporting should be identified for each project.
Payments should be made in installments. Each payment
needs to be linked to actions taken toward completion of the
project(s).
Subsequent payments should be contingent on approval of
progress reports by the permittee.
An independent audit should be conducted annually to
verify disbursement of funds.
The permittee, its authorized representative, and the
Service must have permission from the implementing agency to examine
records and to make site visits to funded projects at least annually.
2. Annual reports to the Service will be required, which should
give an accounting and report of funds transferred and portions of the
project completed (see section under ``Primarily Commercial Purposes''
for further reporting requirements). Copies of reports received by the
applicant from the recipient of funding should be included, with
English translations if reports are not in English.
3. As part of the notice of receipt of a permit application
published in the Federal Register for public comment, the Service will
describe the specific projects the applicant is proposing to fund.
Scientific Research
There is a great need for scientific research on the giant panda,
both in the wild and in captivity. The research must contribute to the
conservation of the panda and typically, when part of an import loan,
must provide a source of funds for panda conservation in the wild, as
described below.
(1) The applicant must provide information to show that the
research is bona fide, meaning research that is properly designed and
can be accomplished with the expertise and resources available:
Objectives and goals must be clearly defined. Hypotheses
and experimental designs, when applicable, intended to test them must
be described.
Investigative procedures and research protocols must be
described in detail or referenced as published in a recognized journal.
Estimated timeframes need to be given.
Research must not be duplicative unless it is a
collaborative effort, or if repetition can be justified.
The results of the research would be expected to identify,
evaluate, or resolve panda conservation problems or contribute to the
basic knowledge of panda biology and ecology deemed important to the
survival of the panda.
The results would likely be published in a scientific
journal.
(2) For research with live pandas, the applicant must have the
expertise and resources to accomplish the stated objectives.
Enhancement may be satisfied solely through scientific
research if it can be convincingly shown that results will be used to
study and/or manage giant pandas in a way that would contribute to
their conservation in the wild. It is expected that requests to import
live pandas for scientific research will also include other, additional
enhancement activities, such as the generation of funds for panda
conservation in the wild.
Research must be recognized as a high priority activity by
a coordinated international panda conservation effort.
Proposals must describe how the study may contribute to
the conservation of the giant panda in the wild. If in situ, the
research must be a collaborative effort with Chinese scientists. If the
research is ex situ, the applicant must describe why it is best
conducted outside China, and how any information gained or
methodologies developed will be transferred for use in China, including
estimated timeframes of transfers, training, or collaborative efforts.
Any physically invasive procedures to be used or any
behavioral modifications anticipated as part of research activities
must be described, together with a detailed plan describing how the
applicant would respond to and minimize complications that might arise.
Any subsequent procedural changes and/or additions must be pre-approved
by the Service.
The permittee must provide an annual report summarizing
research activities associated with the purposes of the permit,
including a brief description of each project, a copy of protocols
developed and methodologies used, a summary of data collected with a
discussion of results and copies of published papers resulting from the
research. The report should also indicate any transfer of research
protocols or methodologies to the Chinese and their use in China, in
the wild or in captivity.
(3) If live pandas are going to be on exhibition at any time during
the term of the research loan, the following must be satisfied:
The applicant must provide protocols outlining how the
research and exhibition will be monitored to ensure that having the
pandas on exhibit is not interfering with the research or biasing data.
The applicant must also provide the name, position, and qualifications
of the individual who will be responsible for making the decision to
take the pandas off of exhibit if the display is interfering with the
research.
The applicant must have adequate facilities to conduct the
research and house the pandas separate and apart from the public
exhibition areas in case it is found that exhibition interferes with
the research.
The funds generated by the exhibition must be used for
conservation projects.
(4) For research involving biological samples, the applicant must
have the expertise and resources to accomplish the stated objectives.
Salvaged specimens (i.e., those obtained from animals that
have died of natural causes; naturally shed hair) must be obtained
without harassing any live animals, and collection must be authorized
by the MOF, MOC, or the Project Office.
The collection of samples from live captive giant pandas
must be done by qualified personnel, preferably veterinarians, with
appropriate training and experience in capture, restraint, and sample
collection, so as not to result in death or injury of animals. Sampling
must also be done in a manner that would not be disruptive to breeding
activities. The collection and subsequent export of such samples to the
United States must be done in cooperation with the authority
responsible for managing the animals (e.g., MOC).
Any collection of biological samples from live giant
pandas in the wild must be authorized by the MOF. Generally, only
samples that were collected incidental to the capture of animals for
other purposes by MOF biologists will be considered for import.
However, the import of samples taken from animals captured for the sole
purpose of collecting samples for import will be considered if the
samples are to be used in research that is expected to have a
substantial benefit to giant panda conservation. In this case, import
permits must be obtained prior to the collection of the samples.
Samples from live wild giant pandas may only be collected by qualified
personnel, [[Page 16496]] preferably veterinarians, who have
appropriate training and experience in capture, restraint, and sampling
methodologies appropriate to giant pandas, so that sampling is unlikely
to expose live giant pandas to risk of death or injury, or to disrupt
mating or parental care of young.
The results of research conducted with imported specimens
must be reported to the Service at least annually; a report should
include copies of any scientific publications produced. The report must
contain information on the number and type (e.g., blood, hair, skin
biopsy) of samples imported, specific source/location from which each
sample was collected (if more than one was authorized), and
observations on the effects of sampling on the animals. The report must
also state whether the research resulted in the development and
transfer of research protocols or other methodologies to the Chinese
and how these products have been/will be used in China for the
conservation of giant pandas.
The Service will consider the issuance of general permits
for the import and export of biological samples when the applicant
provides sufficient information to show the conditions outlined in this
policy are met and as long as complete annual reports are submitted in
a timely manner.
The import or export of urine, feces, and synthetic DNA,
when collected in a manner that does not involve the capture,
detention, or killing of protected wildlife, does not require a permit
from the Service. The CITES Management Authority of any exporting or
importing country should be contacted to meet any requirements it may
have.
Captive Breeding
Breeding loans need to benefit panda conservation by supplementing
the breeding program in China to achieve a self-sustaining captive
population, and typically also to provide a source of funds for panda
conservation in the wild. There is a need to maximize the use of pandas
currently held in captivity that are not essential to China's breeding
program. It is anticipated many of the animals that may be requested to
be imported into the United States will be ones that have not
successfully bred in China, and the policy emphasizes the need to have
a research component to identify how these individuals may best
contribute to the breeding component in China.
(1) The applicant must provide sufficient information to
demonstrate the importance and necessity of importing pandas for
captive-breeding:
Enhancement may be satisfied through captive-breeding if
it can be convincingly shown that results will be used to study and/or
manage giant pandas in a way that has promise of contributing to panda
conservation. It will be expected to include a research component aimed
at increasing reproductive success if the animals involved have a
history of being non-breeding animals. It is expected that requests to
import live giant pandas for captive breeding will also include other,
additional enhancement activities, such as the generation of funds for
panda conservation in the wild.
If research is a component, the applicant must provide
information to show that the research satisfies the requirements of
this policy concerning scientific research. The research must be
recognized as a high priority activity by a coordinated international
panda conservation effort.
The proposed captive-breeding must be part of a
coordinated international panda conservation effort designed to
complement conservation efforts for the wild panda population, with the
applicant actively participating in the plan.
The breeding loan must demonstrate how it will contribute
to the preservation of the panda's gene pool (i.e., retention of
maximum genetic diversity). The choice of individuals to be imported
should be based on scientific management of the captive populations
with genetic and demographic criteria used to determine mating pairs.
Proposals must describe how the study would contribute to
the conservation of the giant panda in the wild or in captivity, and
how any information gained or methodologies developed will be
transferred for use in China, including estimated timeframes of
transfers, training, or collaborative efforts.
(2) The applicant must provide information to show that he/she has
the expertise and resources to accomplish the stated objectives:
The applicant must submit a detailed breeding protocol
that outlines when male and females will be paired for breeding, how
females and males will be visually and physically separated and/or
managed together, with layout of facilities and protocols for rearing
potential young.
Imports of frozen sperm for use in captive breeding must
be done in accordance with a coordinated international panda
conservation effort.
Artificial insemination or any other physically invasive
procedures must be described, and any subsequent procedural changes
and/or additions must be pre-approved by the Service.
The permittee must provide at least an annual report
summarizing breeding activities, and research activities, if pertinent,
including a copy of protocols developed and methodologies used, a
summary of data collected with a discussion of results, and copies of
any published papers. The report should also indicate any transfer of
protocols or methodologies to the Chinese and their use in China in the
wild or in captivity.
(3) If pandas are going to be on exhibition at any time during the
captive-breeding loan:
The applicant must provide protocols outlining how the
captive breeding, its research component, when applicable, and
exhibition will be monitored to ensure that having the pandas on
exhibit does not interfere with captive breeding and/or its research
component. The applicant must also provide the name, position, and
qualifications of the individual who will be responsible for making the
decision to take the pandas off of exhibit if the display is
interfering with the captive-breeding or its research.
The applicant must have adequate facilities to conduct the
captive breeding and its research component, when applicable, and to
house the pandas separate and apart from public exhibition areas, in
case it is found that the exhibition interferes with the captive
breeding or its research.
The funds generated by the exhibition must be used for
conservation projects as previously described.
The applicant must consent to the movement, substitution,
or transfer of any panda to another approved institution if, in the
judgment and at the request of China, such action is needed to maximize
successful captive-breeding opportunities.
Exhibition
1. The import of giant pandas for the purpose of educational
exhibition alone would not be sufficient to satisfy enhancement
requirements. The Service encourages institutions importing giant
pandas to educate the U.S. public about the ecological role and
conservation needs of the giant panda, but will not consider this in
reviewing applications. However, if an applicant is developing a panda
conservation education program that would be transferable to China, or
is developing a program specifically for use in China, particularly in
localities near giant panda habitat and reserves, the Service will
consider this project as part of a coordinated international
conservation [[Page 16497]] effort in making its enhancement finding.
Educational programs in China should be aimed at local
people, school children, panda researchers (field and captive), reserve
biologists, and managers.
Educational activities or projects must be described in
detail, including samples of the kinds of educational materials to be
used, and a description of evaluation methods.
The messages conveyed through the educational program
should stress historical and contemporary impacts on the status of the
giant panda in the wild, and conservation efforts that might be
required to halt the species' decline and degradation of its habitat.
2. Alternative 1--Exhibition Solely as an Ancillary Component.
Educational displays would only be allowed as an ancillary component of
a captive-breeding and/or research program. Specifically, the import of
pandas solely for exhibition loans of any length would not be allowed.
3. Alternative 2--Short-term Exhibition. For purposes of this
policy, the import of pandas for short-term exhibition loans would be
allowed under certain conditions:
A panda can only be on loan for short-term exhibition for
a maximum of 1 year.
During a single 1-year loan period in the United States,
up to 3 different institutions may receive and display the pandas for
periods of at least 3 months, unless health considerations dictate
otherwise.
Each institution following the first in the sequence of
exhibitions must have submitted complete application materials as well
as written authorization from the exporting country's Management
Authority and, if from China, from the Protecting Giant Panda Project
Office.
Primarily Commercial Purposes
With regard to the determination of whether a loan of giant pandas
is not to be used for primarily commercial purposes, the Service will
utilize the following policy.
1. Resolution Conf. 5.10 of CITES provides that:
The nature of the transfer of specimens between the owner
in the country of export and the recipient in the country of import may
be commercial. It is the intended use of the specimens in the country
of import that must not be for primarily commercial purposes, and it is
the responsibility of the recipient country's Management Authority to
make this determination.
There may be some commercial aspects of that use, but the
non-commercial uses must predominate in order to be deemed primarily
non-commercial.
2. Public, non-profit institutions, organizations and agencies will
receive consideration for panda loans. The Service's general
regulations at 50 CFR 10.12 define ``public'' institutions as those
that ``* * * are open to the general public and are either established,
maintained, and operated as a government service, or are privately
endowed and organized but not operated for profit.'' Although
commercial (profit-making) organizations may also choose to apply for
such loans, the profit-making characteristics of such organizations
will make it more difficult for the Service to find that the
specimen(s) proposed for import is not to be used primarily for
commercial purposes. As in all cases, the burden rests with the
applicant to show that this CITES requirement is satisfied. Of
necessity, the burden of proof will be higher for commercial
enterprises than for non-profit entities.
3. It is the Service's policy that all funds or other valuable
considerations raised directly or indirectly by a public institution or
other organization that are obtained by the organization(s) or
institution(s) involved (or any for-profit parent organization of the
applicant, but not including unrelated private entities, such as
hotels, not associated with the applicant) as a result of the panda
loan are, to the extent that such funds or other valuable
considerations exceed the reasonable expenses that are properly
attributable to the exhibitions, to be used entirely for the non-
commercial purposes outlined in the prior section, ``Conservation
Benefits of Specific Projects''.
Reasonable expenses include the following: Facility
construction if amortized for the entire proposed length of the loan
(but not for short-term exhibition loans), facility maintenance, direct
labor and operating supplies needed for the care of the pandas
(includes keeper and veterinary support), administrative support
directly associated with the maintenance of the animals, security
needed for the pandas, development of educational materials for use in
China, development of educational signs for exhibits in the United
States, and supplies or materials necessary to conduct research or
captive-breeding activities that have been identified in the
application.
It is the intent of the policy to maximize funds going
back to conservation projects in China and, as such, costs associated
with ordinary operations, such as advertising, general personnel costs,
general legal expenses (not directly related to the panda loan), will
not be considered reasonable expenses.
Collection of revenues generated by the panda loan by the
importing institution (e.g., gate receipts, food and drink sales,
tourist souvenirs), either for its own use or for the use of other
organizations, for purposes other than those previously described,
would be judged to be a primarily commercial activity, as would the use
of revenues for profit-making purposes.
4. Each applicant for a panda loan, in satisfying the applicable
requirements of 50 CFR subchapter B, should submit a detailed plan for
the allocation of all funds raised in excess of expenses, as a result
of the panda loan. The application must also include a certification
statement from a reputable, independent accounting firm stating that
the applicant's internal accounting system is sufficient to account for
and track funds generated directly or indirectly by the panda loan, and
for the subsequent disbursement of funds.
5. Each recipient of a permit to obtain a panda loan shall be
required, in accordance with 50 CFR 13.45, to submit an annual report
to the Service as a condition of the permit. The annual report must
contain a full accounting of all funds raised directly or indirectly by
the institution or organization, the portion of those funds that is in
excess of expenses, and what portion of these funds are to be disbursed
for giant panda conservation projects or activities as outlined in the
prior section, ``Conservation Benefits of Specific Projects''.
The report must include names of people involved, location
of the activities, a brief description of each project, and the amount
and use of money being provided the project. The report must also
identify specific costs that were deducted as reasonable expenses.
Conservation projects other than those projects presented
in the application must receive approval from the Service's Office of
Management Authority prior to allocating funds.
These policy considerations will be used by the Service only for
determining whether panda imports are primarily commercial in nature.
They are not intended to apply to Appendix I import permit applications
for other species. All such applications must continue to demonstrate
that the proposed import meets the general requirements of resolution
Conf. 5.10 to [[Page 16498]] satisfy the ``not to be used for primarily
commercial purposes'' test.
Suitability of Facilities and Care
Under CITES, the Service must be ``satisfied that the proposed
recipient of a living specimen (to be imported) is suitably equipped to
house and care for it''. Under the regulations implementing the Act,
the Service must determine that the applicant has ``* * *the expertise,
facilities, or other resources* * *to successfully accomplish the
objectives* * *'' To aid in satisfying these requirements, applicants
must provide the following information in addition to the information
required in 50 CFR 17.22:
Copies of protocols for monitoring general health and
behavior. In lieu of new protocols, an applicant may submit copies of
protocols recommended by a coordinated international panda conservation
effort.
Diagrams and photographs clearly depicting all enclosures
where the panda may be housed, including any off-exhibit areas and
panda holding area(s) in relation to other facilities, including roads
adjacent to such areas.
Information to demonstrate the applicant has consulted
with at least two other facilities that have successfully held pandas
in recent years, that the applicant has facility features that address
the National Zoological Park's recommended measures for giant panda
care and facilities, and that zoo staff, especially keepers and
veterinarians, have had proper training and experience to care for
pandas.
Approval of facilities by the Chinese or appropriate
authority in the lending country, if such a stipulation has been made
in a contractual agreement. If approval has not been given prior to
applying for the permit, there must be a statement from the applicant
certifying that the agreement stipulation will be satisfied before
animals are imported.
Transfer of Pandas to Other Entities Within the United States
Applicants proposing to import giant pandas and subsequently
transfer them to another entity within the United States should
indicate this in the initial import application. The proposed recipient
of the panda will need to apply for and receive an interstate commerce
permit under the Act prior to the transfer since the pandas are being
held under a loan (e.g., lease-hold agreement) from China or other
lending entity. The proposed recipient of the panda needs to provide
all the information required by the Act, its regulations, and this
policy. The Service will facilitate, to the extent possible, the
transfer of animals within the United States when part of a coordinated
breeding program. If the receiving institution has a panda permit on
file with the Service, it can reference the permit number and
information in this file, and provide any new information for the
Service to review in consideration of an interstate commerce permit.
These applications will be published in the Federal Register, and so
the applicant will need to allow at least 90 days for processing. Such
transfers must also have the prior approval of China or the entity that
owns the animals. The number of times an individual panda is
transferred within the United States will be closely monitored to
protect the overall health and well-being of the animal.
Response to the CITES Secretariat's Views on Giant Panda Loans
The Service notes with approval the recommendation of the
Secretariat that no exemptions be granted to the requirements of
Article III of the Convention for the shipment of giant pandas, even
for animals that might otherwise qualify for an exemption as ``pre-
Convention'' animals under Article VII. However, the Service does not
have authority under U.S. law to refuse to accept a valid pre-
Convention certificate. If the Management Authority of the country of
origin or of the country of re-export does not issue a pre-Convention
certification, the Service will require a U.S. import permit and export
permit or re-export certificate, as appropriate, from the exporting or
re-exporting country in accordance with Article III of the Convention.
In addition, even if a valid pre-Convention certificate is issued by
the exporting country, an import permit would be required under the Act
for all panda loans (and an export permit, if the pandas are to leave
the United States), even for pandas acquired prior to January 23, 1984
(the date of the final Federal Register notice listing the giant panda
under the Act), as the pre-Act exemption (Section 9(b)(1) of the Act)
does not apply to animals that are subsequently held in the course of a
commercial activity (e.g., lease-hold agreement).
The Service will also continue its policy of approving applications
only if it is sure that the proposed loan did not, or will not,
contribute to removal of pandas from the wild, and that the non-
commercial purposes for the proposed loan predominate.
This notice was prepared under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 21, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-7851 Filed 3-29-95; 8:45 am]
BILLING CODE 4310-55-P
