[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10166]
[Federal Register: April 28, 1994]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Proposed Import Prohibitions on Wildlife Specimens and Products
of Taiwan Pursuant to the Pelly Amendment; Request for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of Presidential determination to prohibit the
importation of wildlife specimens and products of Taiwan pursuant to
section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978)
(the ``Pelly Amendment''); request for public comment.
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SUMMARY: The President has determined to apply import prohibitions
against Taiwan pursuant to section 8 of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978)(the ``Pelly Amendment'') in response to
Taiwan's failure to undertake sufficient actions to stop illegal trade
in internationally recognized endangered species. The President has
proposed to apply the import prohibitions against wildlife specimens
and products of Taiwan. The Trade Policy Staff Committee (TPSC) seeks
public comment concerning the proposed action, in particular the
specific product coverage of the import prohibitions.
DATES: Written comments from interested persons are requested by May
31, 1994.
ADDRESSES: Office of the U.S. Trade Representative, 600 17th Street
NW., Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT: For general information, Diane
Wildman, Director for Press Relations (202) 395-3350, or Jane Earley,
Director for Natural Resources (202) 395-7320. For technical
information concerning product coverage, and wildlife enforcement and
import clearance procedures, contact Jerome Smith or Frank Shoemaker,
Division of Law Enforcement, United States Fish and Wildlife Service,
at (703) 358-1949. For information on the reasons for the Pelly
Amendment certification of Taiwan contact Mr. Marshall Jones, or Dr.
Susan Lieberman, Office of Management Authority, United States Fish and
Wildlife Service, at (703) 358-2093.
SUPPLEMENTARY INFORMATION: On November 8, 1993, the President reported
to the Congress pursuant to section 8(b) of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1978)b)) (the ``Pelly Amendment'') on the issue
of trade by the People's Republic of China (PRC) and Taiwan in
rhinoceros and tiger parts and products. The report followed the
certification by the Secretary of the Interior that this trade was
diminishing the effectiveness of the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES). Five rhinoceros
species and the tiger are listed in Appendix I of CITES, which means
that the species are threatened with extinction and no trade for
primarily commercial purposes is allowed.
The President reported that although ``recent actions by the PRC
and Taiwan show that some progress has been made in addressing their
rhinoceros and tiger trade, the record demonstrates that they still
fall far short of the international conservation standards of CITES.''
The President suggested actions that the PRC and Taiwan could take that
would demonstrate their commitment to the elimination of the trade and
stated that the United States is prepared, through close dialogue and
technical aid, to assist them in their efforts. However, the report
concluded that, if measurable, verifiable and substantial progress were
not made by March 1994, import prohibitions will be necessary, as
recommended by the CIGES Standing Committee at its September 1993
meeting.
The suggested actions in the November 8 report, based on criteria
established by CITES for adequate legislative measures and enforcement
that effectively eliminates the trade, were further amplified in
letters dated December 21, 1993, to the Chairman of the Council of
Agriculture and the Minister of Economic Affairs in Taipei from the
Secretary of the Interior, and by CITES and U.S. delegation visits to
the PRC and Taiwan in January, February and March 1994. However, at its
March 1994 meeting, the CITES Standing Committee noted the progress
made by the PRC while pointing out that further actions are still
needed. With respect to Taiwan, CITES expressed ``concern that the
actions agreed by the authorities in Taiwan, * * * towards meeting the
minimum requirements have not yet been implemented.''
Although Taiwan has made efforts to address the problem, as a
result of the lack of sufficient progress in the key areas identified
in the November 8 report, the President decided to direct the Secretary
of the Treasury, working with the Secretary of the Interior, to
prohibit the bringing or the importation into the United States of
wildlife specimens and products of Taiwan, and that the precise
products subject to the import prohibition will be determined after
viewing public comments received.
While the Pelly Amendment provides the authority to impose a
greater level of import prohibitions, this level was deemed appropriate
at this time. The situation in Taiwan will continue to be reviewed and
U.S. authorities will continue to try to assist Taiwan in effecting
meaningful results in the effort to eliminate the illegal trade. The
import prohibitions, once imposed, will remain in effect until the
President determines that sufficient progress has been made by Taiwan
in securing significant reductions in the illegal commerce in the
species, taking into account relevant findings of the CITES Standing
Committee.
The products eligible for the import prohibitions were chosen based
on the CITES Standing Committee recommendation, and cover wildlife
specimens, parts and products thereof, that are products of Taiwan and
are defined below. All imports from Taiwan which are eligible products
will be prohibited unless otherwise indicated upon completion of the
review of public comments. In making the determination of final product
coverage, public comments submitted in accordance with the requirements
set forth below will be considered.
It is expected that a final notice of the wildlife and wildlife
products subject to the import prohibitions will be published in the
Federal Register within approximately two weeks of the close of the
public comment period, and that the import prohibitions will apply to
wildlife and their parts and products exported from Taiwan beginning
ten days after the date of publication of the final notice.
Public Comment Requirements for Submission
The TPSC invites all interested persons to provide written comments
concerning the proposed action, specifically regarding economic and
environmental effects of the proposed import prohibitions, including:
(1) The appropriateness of prohibiting the importation of any
particular product;
(2) The degree to which prohibiting the importation of any
particular product might have an adverse effect upon U.S. consumers of
the product; and
(3) Additional actions, not limited to trade restrictions, that
would help bring about an end to illegal trade in these endangered
species.
Comments must be filed in English and provided in ten copies to:
Carolyn Frank, Secretary, Trade Policy Staff committee, Office of the
United States Trade Representative, 600 17th Street, NW., room 414,
Washington, DC 20506.
Submissions will be available for public inspection by appointment
with the staff of the USTR Public Reading Room, except for confidential
business information exempt from public inspection in accordance with
15 CFR 2003.6. Confidential business information must be clearly marked
``Business Confidential'' at the top of the cover letter or page and
each succeeding page in each of the 10 copies, and must be accompanied
by a nonconfidential summary of the confidential information. The
nonconfidential summary will be placed in the file that is open to
public inspection.
Product Coverage
Import prohibitions will apply to ``wildlife specimens and parts
and products'' of Taiwan. For purposes of this action, the term
``wildlife specimens and parts and products'' includes ``fish or
wildlife'' or products of ``fish or wildlife'' as defined in the
``Lacey Act'' (16 U.S.C. 3371);
The term ``fish or wildlife'' means any wild animal, whether
alive or dead, including without limitation any wild mammal, bird,
reptile, amphibian, fish, mollusk, crustacean, arthropod,
coelenterate, or other invertebrate, whether or not bred, hatched,
or born in captivity, and includes any part, product, egg, or
offspring thereof.
The wildlife and wildlife parts and products covered by this
definition are those whose importation, exportation and transportation
is governed by regulations administered by the Fish and Wildlife
Service at 50 CFR part 14. These items are those for which a Fish and
Wildlife Declaration is required (Form 3-177, ``Declaration for
Importation or Exportation of Fish or Wildlife'').
For purposes of this action, ``plants, alive or dead, and their
products'' will not be covered, nor will ``shellfish and fishery
products imported for human or animal consumption,'' as they are
exempted from the wildlife importation and declaration requirements by
50 CFR 14.21.
An analysis of wildlife and its parts and products of Taiwan
falling within the above definition, using import records compiled by
the U.S. Fish and Wildlife Service from completed Forms 3-177 indicate
the total declared value of wildlife imports from Taiwan was
approximately $22 million in 1992, the most recent year for which these
data are available. The major categories of wildlife and wildlife parts
and products imported from Taiwan include:
(1) Reptile leather shoes, handbags, etc.
(2) Jewelry made from coral, mussel shells and bone:
(3) Edible frogs' legs;
(4) Live goldfish and tropical fish for the aquarium trade; and
(5) Bird feathers, down, and specimens.
Although an exhaustive listing of the tariff headings of the
Harmonized Tariff Schedule of the United States (HTS) corresponding to
the Lacey Act definition is not available, the Department of Interior
(Fish and Wildlife Service) is able to provide indicative information
to interested parties. Since the HTS and Lacey Act definitions do not
correspond, even indicative listings of HTS item numbers must be
examined carefully in light of the Lacey Act definition to obtain an
accurate assessment of product coverage.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 94-10166 Filed 4-26-94; 8:45 am]
BILLING CODE 3190-01-M
