[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Pages 12969-12971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5771]
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DEPARTMENT OF THE INTERIOR
Withdrawal of Proposed Guidelines on African Elephant Sport-
hunted Trophy Permits
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of withdrawal of proposed guidelines.
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SUMMARY: The Fish and Wildlife Service (Service) announces the
withdrawal of the proposed guidelines for the issuance of Scientific
Authority advice on permit applications under the Convention on
International Trade in Endangered Species on Wild Fauna and Flora
(CITES) for the import of sport-hunted African elephant trophies.
SUPPLEMENTARY INFORMATION:
Background
At the seventh meeting of the CITES Conference of the Parties, held
on October 9-20, 1989, the Party nations voted to transfer the African
elephant from Appendix II to Appendix I, and this action became
effective on January 18, 1990. As a result of this action, Appendix I
import permits for the importation of the sport-hunted African elephant
trophies are required under CITES.
Under CITES, Appendix I import permits can be issued if the
Scientific Authority of the importing country has advised the
Management Authority of the importing country that the import will be
for purposes not detrimental to the survival of the species. Additional
guidance for issuance of such advice was provided by CITES resolution
Conf. 2.11 on ``Trade in Hunting Trophies of Species Listed in Appendix
I,'' which had been adopted at the second meeting of the Conference of
the Parties in 1979. Paragraph c of that resolution called for the
Scientific Authority to conduct a ``comprehensive examination
concerning the question of whether the importation is serving a purpose
which is not detrimental to the survival of the species,'' including
whether the killing of the animals whose trophies are intended for
import would enhance the survival of the species.
In reviewing permit applications for the importation of sport-
hunted African elephant trophies, the Service believes that the
populations to be hunted should be of sufficient size and stability to
allow for the projected off-take and that the country's management and
enforcement authorities should have the ability to ensure adequate
management of the species. In addition, the Service has considered
whether the activity associated with the importation would enhance the
survival of the elephant. For these reasons, the Service developed
internal guidelines that described all of the factors that might be
considered in issuing a Scientific Authority advice, especially if the
expected off-take approached the maximum allowable to sustain a
population. One aspect of the guidelines called for clear evidence that
the sport hunting activities enhance the survival of the species.
In response to the Service's use of these guidelines, Safari Club
International filed suit challenging the procedure and substantive
adequacy of the guidelines, see Safari Club International v. Lujan,
Civ. No. 91-2523 (D.D.C., filed Oct. 8, 1991). As a consequence, the
Service voluntarily sought public review and comments on its guidelines
through a February 9, 1993, Federal Register notice of proposed
guidelines (58 FR 7813).
The U.S. Scientific Authority has issued general ``non-detriment''
advices covering African elephant trophies lawfully taken in South
Africa and Zimbabwe and has issued ``non-detriment'' advices for
trophies taken in [[Page 12970]] Namibia, Tanzania, and Cameroon.
During 1993 and 1994, permits were issued for over 400 sport-hunted
African elephant trophies (1 for Cameroon, 28 for Namibia, 31 for South
Africa, 109 for Tanzania and 254 for Zimbabwe).
On June 10, 1994, the Government of Namibia submitted a proposed
amendment to paragraph c of CITES resolution Conf. 2.11 to remove the
expectation that the importing country's Scientific Authority would
consider whether the killing of the animals whose trophies are intended
for import would enhance the survival of the species. The amendment
also proposed that the ``Scientific Authority of the importing country
accept the finding of the Scientific Authority of the exporting country
that the exportation of the hunting trophy is not detrimental to the
survival of the species''. In November 1994, at the ninth meeting of
the Conference of the Parties to CITES, Namibia's proposal was revised
by adding the phrase, ``unless there are scientific or management data
to indicate otherwise,'' in recognition of the requirement in Article
III.3.a of CITES that the Scientific Authority of the importing country
make an independent assessment. With this revision, the CITES Parties
adopted the proposal to revise paragraph c of Conf. 2.11.
Because of the revision of paragraph c of CITES resolution Conf.
2.11 and the perception, not intended by the Service, that the proposed
guidelines would preclude the importation of sport-hunted African
elephant trophies from properly managed populations, the Service is
hereby withdrawing the proposed guidelines. In evaluating applications
to import African elephant trophies, the Service will follow the
guidance set forth in Conf. 2.11, as revised, as well as other
appropriate authorities. A summary of relevant authorities is discussed
later in this notice.
Comments on Proposed Guidelines
The Service received 27 letters from wildlife professionals, safari
operators, and national wildlife department representatives; 105
letters from private individuals, and petitions from safari and hunting
clubs containing 956 signatures. In addition, the Service received a
petition with 3,360 signatures representing rural Zimbabweans
participating in Communal Areas Wildlife Management Programme for
Indigenous Resources (CAMPFIRE). The majority of responses indicated
that there was significant confusion on the scope and intent of the
internal guidelines.
Although the Service is withdrawing the proposed guidelines a
discussion of some of the issues raised in the comments on the proposed
guidelines is useful.
Comment: Sport-hunting is beneficial to elephant conservation and
local economies. It is small scale, taking less than 1 percent of the
elephant population annually.
Response: The Service has always accepted the premise that sport-
hunting of non-endangered, properly managed wildlife populations can be
beneficial to the survival of the population.
Comment: In lieu of populations estimates, other measures such as
weight limits for female and male tusks or surveys of trophy sizes and
numbers would be sufficient to determine whether or not the level of
harvest is sustainable.
Response: The Service agrees that other population indices or
measures to ensure long-term population maintenance may be appropriate,
and could be included in Scientific Authority findings by the exporting
country.
Comment: Sport hunting provides needed revenue to local residents
and governments.
Response: All such revenues may be used for purposes unrelated to
the conservation of the African elephant, and monies may benefit an
individual or group only for the immediate hunting season. The Service
believes that when revenues are directed to management or enforcement
activities or when there is long-term benefit to individuals or groups
with proprietary interest in ensuring a viable elephant population,
there is benefit to the survival of the elephant.
Comment: Some respondents felt that the guidelines should be a
mechanism to allow dialogue with the exporting states.
Response: Although the guidelines are being withdrawn, the Service
agrees that dialogue with the exporting states is important, and will
endeavor to increase such dialogue when implementing the new CITES
resolution Conf. 2.11 provisions.
Comment: The proposed guidelines are not stringent enough.
Response: Although the Service is withdrawing the proposed
guidelines, the Service believes that its review of import permits for
sport-hunted African elephant trophies is sufficient to ensure
compliance with the Act and CITES.
Comment: Policies towards range states should be individually
developed to support their strengths and ``work against their
weaknesses''.
Response: The Service agrees that there may be significant
differences in management situations in the different countries which
should be considered.
African Elephant Conservation Act and CITES Quotas
Although the Service is withdrawing the proposed guidelines, the
Service continues to be responsible for evaluating applications to
import African elephant trophies based on applicable requirements of
the African Elephant Conservation Act, the Endangered Species Act, and
CITES, including Conf. 2.11, as revised.
The African Elephant Conservation Act authorizes individuals to
import sport-hunted African elephant trophies ``that have been legally
taken in an ivory producing country that has submitted any ivory
quota'' to the CITES Secretariat. See 16 U.S.C. 4222(e). Before permit
applications for sport-hunted African elephant trophies will be
reviewed by the Service, the country in which the specimens are
harvested must have submitted an ivory export quota for the year of
export to the CITES Secretariat, and confirmation of receipt of this
quota must be received by the Service (see discussion of the Endangered
Species Act requirements later in this notice). This has led to some
misunderstanding, because some trophy import permit applications have
been received by the U.S. Management Authority almost a year before a
CITES quota has been received from the country of origin. This has
meant that final action on the applications had to be delayed until the
Service received confirmation that the quotas had been received by the
CITES Secretariat.
Before an importation can occur the importer must, in addition to
having an import permit, have a valid CITES export permit from the
country of origin, and the ivory specimens being imported must be
marked in accordance with the marking requirements contained in the
revised African Elephant special rule discussed in the next paragraph.
Endangered Species Act
The African elephant is listed as a threatened species under the
U.S. Endangered Species Act (Act). Pursuant to section 4(d) of the Act,
16 U.S.C. 1533(d), the Service has promulgated a ``special rule'' for
the African elephant (50 CFR 17.40(e)) that was most recently revised
in 1992 (57 FR 35486, August 10, 1992). The special rule allows the
import of sport-hunted elephant trophies into the United States subject
to several provisos. First, the trophy must originate in a country for
which [[Page 12971]] the Service has received notice of an ivory quota
for the year of export (50 CFR 17.40(e)(3)(iii)(A)). In addition, the
trophy may not be imported unless the Service determines that the
killing of the animal whose trophy is intended for import would enhance
the survival of the species (50 CFR 17.40(e)(3)(iii)(C)). The Service
has been able to make this finding for trophy import permit
applications that have been submitted in the last few years.
CITES
Also applicable to the Service's procedures is the CITES
requirement that the import permit be issued before the export permit,
and it is obviously desirable for the sportsman to obtain, or at least
have reasonable assurance of obtaining, the necessary import and export
permits before committing to the safari hunt. Consistent with revised
Conf. 2.11(c), the U.S. Scientific Authority will accept a ``not
detrimental'' finding of the exporting country for that year, unless
there are scientific or management data to indicate otherwise. If the
scientific or management data indicate a concern about the
reasonableness of an exporting country's ``not detrimental'' finding,
the Service will consult with that country's Scientific and Management
Authorities. Obviously, for the Scientific Authority advice and the
subsequent export permit issued by the Management Authority to be
accepted, the exporting country must have designated its Scientific
Authority.
This notice was prepared under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq).
Dated: March 2, 1995.
George T. Frampton, Jr.,
Assistant Secretary--Fish and Wildlife and Parks.
[FR Doc. 95-5771 Filed 3-8-95; 8:45 am]
BILLING CODE 4310-55-M
