[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25512-25516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12292]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Policy on the Export of Live American Alligators and
Announcement of Public Meeting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of proposed policy.
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SUMMARY: After review and analysis of comments received and for the
reasons detailed in this notice, the Service proposes to adopt a policy
against the issuance of permits for the export of live American
alligators for commercial breeding or resale purposes. The American
alligator is protected under the Endangered Species Act of 1973 (ESA)
as threatened due to similarity of appearance and under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) as Appendix II. The Service may issue an export permit upon
finding that all applicable permit issuance requirements have been met.
Exports of animals listed on Appendix II of CITES may occur only if the
Scientific Authority has advised the Management Authority that such
exports will not be detrimental to the survival of the species and the
Management Authority is satisfied the animals were not obtained in
violation of laws for their protection. Based on documentation
presented for consideration by the CITES Parties in 1983, the Service
has determined that the American alligator is listed on Appendix II for
reasons of similarity in appearance under Article II.2(b) of CITES as
well as the potential threat to the species survival under CITES
Article II.2(a).
This notice announces a proposed policy by the Service on the
export of live American alligators. Based on the information received
in response to the June 24, 1997, notice, the Service is unable to find
that the export of live American alligators either for commercial
breeding or resale purposes is not detrimental as required under CITES
or that such exports comply with Executive Order 11987--Exotic
Organisms. Applications for permits to export live American alligators
for purposes such as scientific research or zoological exhibition would
be evaluated on a case-by-case basis.
DATES: The Service will consider all information and comments received
by June 8, 1998 in making its final decision on this proposal. A public
meeting will be held at the Delta Resort Orlando, 5715 Major Boulevard,
Orlando, Florida 32819-7988, on May 5, 1998, from 1:30 pm to 3:30 pm.
ADDRESSES: Please send comments or other correspondence concerning this
document to the Office of Management Authority, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, room 700, Arlington, VA 22203.
Materials received will be available for public inspection by
appointment from 8 a.m. to 4 p.m., Monday through Friday, at the Office
of Management Authority.
FOR FURTHER INFORMATION CONTACT: Ms. Teiko Saito, Chief, Office of
Management Authority, telephone 703-358-2095, fax 703-358-2298.
SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service)
published a notice on June 24, 1997 (62 FR 34074), requesting
submission to the Service of any information available on the impacts
of exports of live American alligators. Generally, in order to export
species of wildlife protected under the ESA and/or CITES, an export
permit must be issued. The Service is the agency responsible for
reviewing applications for export of wildlife. Each permit application
must be carefully evaluated to ensure compliance with all applicable
regulations and executive orders. The American alligator is protected
under the Endangered Species Act of 1973 (ESA) as threatened due to
similarity of appearance and under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) as Appendix
II. A permit for export of American alligators can only be issued if
the Service can determine:
1. That the export will not be detrimental to the survival of the
species (50 CFR 23.15(d)(1));
2. That the animals to be exported were not obtained in violation
of laws for their protection (50 CFR 23.15(d)(2));
3. That the authorization requested does not potentially threaten a
wildlife population (50 CFR 13.21(b)(4)); and
4. That the requirements of Executive Order 11987, Exotic
Organisms, are met. (This Executive Order, in part, requires
``Executive agencies shall, to the extent permitted by law, restrict
the use of Federal funds, programs, or authorities used to export
native species for the purpose of introducing such species into
ecosystems outside the United States where they do not naturally
occur.'' In this instance, introduction is defined to include ``the
release, escape, or establishment of an exotic species into a natural
ecosystem.'')
5. That live specimens are prepared for shipping and shipped in
compliance with the International Air Transport Association (IATA) Live
Animal Regulations (for air transport) or CITES guidelines for
transport (for other transport).
The Service received requests from the Florida Game and Freshwater
Fish Commission and the Louisiana Department of Wildlife and Fisheries
that we review the criteria for issuance of permits for export of live
American alligators for commercial breeding or resale purposes and to
restrict issuance of such permits until a review could be completed. In
response to these concerns, the Service published the June 24, 1997,
Federal Register notice requesting submission of any information
available to assist us in evaluating such impacts.
In addition, the problems associated with the introduction of
exotic species have become increasingly apparent worldwide. The
problems have been discussed in a number of international fora such as
the meeting of the CITES Conference of the Parties in 1997 in Zimbabwe,
the World Conservation Congress in 1996, and the Conference on Alien
Species in Norway in 1996. In the United States, approximately 122
species of exotic (non-indigenous) species of fish and wildlife have
already established free-living populations and are causing great harm.
The import of potentially harmful exotic species is currently being
reviewed by the Service in the context of the Lacey Act prohibitions on
import of injurious species. In relation to export of native species,
E.O. 11987 restricts the use of Federal funds, programs, or authorities
(i.e., the issuance of CITES export permits) to export native species
outside the United States. The American alligator is one of the few
native species that requires a CITES export permit and for which we
have received applications for export of large numbers of live
specimens. Given the documented introduction of other crocodilians
outside their range, in evaluating an application for export of live
American alligators the Service must take into consideration the
ecological damage that could result from introduction of alligators,
either planned or unplanned, into ecosystems outside their natural
range in the United States.
[[Page 25513]]
Commercial enterprises for the breeding or resale of American
alligators outside their natural range provide the most serious
conservation concerns regarding the threat of planned or accidental
introductions of exotic species. The introduction of Morelet's
crocodile (Crocodylus moreletti) into American crocodile (C. acutus)
habitat in western Mexico is attributed to escapes from breeding
facilities, and the introduction of caiman (Caiman crocodylus) into
southern Florida is attributed to caimans imported for the pet trade
that either were released or escaped. Properly designed scientific
research projects and facilities designed to exhibit specimens to the
public generally present a lower level of concern in relation to
accidental introduction of species since there are limited numbers of
specimens involved and plans for disposition of specimens are generally
a part of the overall design of the project or facility.
Analysis of Comments
In response to the June 24, 1997, Federal Register notice, 11
comments were received. Comments were received from the States of
Louisiana and Florida (the two States which contain the majority of the
habitat for wild American alligators and which supply hatchlings and
eggs to alligator farmers located throughout the Southeastern United
States), the IUCN Crocodile Specialist Group, the Humane Society of the
United States, three individual alligator farmers, and four
associations dealing with alligator farming. Ten of the eleven
commenters strongly opposed the export of live American alligators. One
commenter supported such exports.
Comment: Nine commenters voiced strong concerns in the area of
enforcement. Areas of concern included: Reduced regulatory control,
past illegal trade in crocodilians outside the United States, the
undermining of effective legal management programs, lack of assurances
that other countries would provide comparable control mechanisms on
farm inspections and enforcement to prevent illegal trade, inadequate
re-export controls over alligators (either as products or live), the
type of CITES tags that would be used for alligators originating in the
United States yet harvested in another country, and confusion or
compromise of current well regulated channels of international control
and trade regulation. One commenter stated that there were a number of
examples where demand for captive breeding stock has generated demand
for illegally acquired specimens from the range countries. Four
commenters also pointed out that the limited range of the American
alligator has been an important factor in the effectiveness of
enforcement efforts to ensure that laws enacted to protect the
alligator are complied with.
Response: The Service recognizes the concerns of the commenters in
the area of enforcement. The States have put a great deal of time,
effort, and planning into their conservation management programs to
protect the American alligator. At one time there was extensive
poaching and illegal trade in American alligators which has diminished
drastically thanks to the work of the States and the cooperation of the
industry. The States and the Service have worked together closely to
develop guidelines for the export of alligator skins to ensure that the
skins have been acquired legally. Each skin must be tagged with a CITES
export tag in accordance with State regulations, and that tag must be
on the skin at the time of export. The Service uses the data provided
by the States from their conservation management programs to make the
no detriment and legal acquisition findings required under CITES for
the export of American alligator skins. Therefore, CITES export permits
for export of tagged alligator skins continue to be issued. The CITES
Parties have long recognized the importance of monitoring trade in
crocodilian skins worldwide and first adopted a resolution concerning
the universal tagging of crocodilians in 1992 (Res. Conf. 8.14). This
resolution was revised in 1994 (Res. Conf. 9.22) and has been very
effective in enabling Parties to closely monitor and control trade in
crocodilian skins. The U.S. alligator tagging program complies with
this resolution. However, the focus of the resolution is on trade in
skins, which constitutes the majority of the international commercial
trade in crocodilians. At the time the resolution was first adopted,
there was very little international commercial trade in live
crocodilians. The export of live animals is not covered by the
resolution and raises different concerns and responsibilities than the
export of parts and products.
Comment: Two commenters were concerned over the types of CITES tags
that would be placed on American alligators harvested outside the
United States. One commenter thought CITES tags should be denied for
animals already out of the country. The other thought CITES tags should
not be issued for species out of their natural ranges.
Response: The Service is also concerned with the question of CITES
tags for American alligators that are not harvested in the United
States. Each American alligator harvested in the United States is
tagged with a permanently locking CITES export tag bearing a legend
showing the US-CITES logo, State of origin, species, year of take, and
a unique serial number. Tags must be placed on each skin in accordance
with State requirements. Any tags that break prior to export must be
replaced prior to actual export. Under CITES Resolution Conf. 9.22, all
crocodilian skins must be tagged, and the tags must remain on the skin
until it has been processed and cut. CITES tags for crocodilians should
indicate the country of origin of the specimen and are placed on the
skin at or near the time of harvest. The country of origin is
considered to be ``the country where the animal was taken from the wild
or the country of natal origin of the animal'' (50 CFR 10.11).
Therefore, specimens that originated in the United States, exported to
another country, and harvested in that country would require tags to
show the country of origin as the United States. The Service also has
concerns about CITES tags for U.S.-origin alligators being issued by
other countries who may or may not monitor the species as closely as
the United States. Within their range, crocodilians that are harvested
based on sustainable use ranching programs have a high conservation
value. Crocodilians commercially bred in countries outside their range
have, at best, a low conservation value since their production is not
reliant on conservation of habitat needed to maintain wild populations.
In the case where a captive breeding facility for American alligators
is established outside the United States, the CITES tags for offspring
of the founding stock would show the species as American alligator and
the country of origin as the country where the facility is located. The
one instance where we are aware of this already happening is in Israel.
We have requested information from the CITES Management Authority of
Israel regarding the CITES tags used for American alligators
originating from the Hammat Gader facility which breeds American
alligators, but have not yet received a reply.
Comment: One commenter pointed out that the American alligator
export program is an example of successful management which has been
based on a close working relationship between the States and the
Federal Government. In addition, the effectiveness of monitoring and
enforcing the management program is due to the limited natural range of
the American
[[Page 25514]]
alligator. Exports of live specimens could jeopardize the current
management programs which could, in turn, impact wild populations.
Response: The Service agrees that the American alligator represents
a conservation management success story. The American alligator has
gone from being listed as endangered under the ESA to being threatened
due to its similarity in appearance to endangered crocodilians and a
model for sustainable use management. The cooperation and coordination
between the State and Federal Governments have been vital, particularly
in the area of enforcement. Live American alligators exported to
another country would no longer benefit from the protection provided by
this close relationship. The advice issued by the Office of Scientific
Authority on November 4, 1997, concerning the export of live alligators
from the United States that ``if alligator breeding facilities in other
countries become competitively more successful (as might occur if
production costs are lower) than alligator farms in the United States,
prime alligator habitats will be vulnerable to other uses incompatible
with the survival of the species. The fundamental premise of
crocodilian ranching programs is the built-in incentive for habitat
preservation by industries whose success is dependent upon perpetuation
of natural habitats. It is this fact that has made crocodilian ranching
around the world such a successful conservation approach within the
CITES community of nations.''
Comment: One commenter was concerned that ``illegally-taken young
domestic alligators could be smuggled and easily commingled with
legally-obtained alligators or alligators produced on foreign farms.''
Regarding this possibility, another commenter stated that there are a
number of examples where evidence indicated that ``demand for captive
breeding stock has generated demand for illegally acquired specimens
from the range states.'' One such report concerned the attempted
illegal import of New Guinea crocodiles (Crocodylus noveaguineae) into
Thailand.
Response: This possibility is of concern to the Service.
Comment: Four commenters specifically raised concerns over the loss
of control if live American alligators are exported. The concerns
included that the United States would have no ability to monitor re-
export of specimens after initial export and that re-export controls
would be less stringent than those of range countries which would
further reduce effective international control over the management and
trade in American alligators.
Response: The Service agrees. An export permit is issued based on
the information provided by the applicant as to the purpose and
destination of the shipment. Once the alligators are exported, the
Service has no control over the re-export of the specimens to a
different destination. The issuance of a re-export certificate is based
only on whether the specimens were legally imported under CITES, not on
whether the re-export would be detrimental to the survival of the
species. Thus, even if the Service were able to make the determinations
needed to issue an export permit to ship live American alligators to a
country where introduction of exotic crocodilians is not considered a
potential threat, it is impossible to know whether the animals will be
subsequently shipped to a country or area within a country where
introduction would be a real threat and where the Service might not
have been able to find no detriment.
Comment: Eight of the commenters expressed concerns relative to
accidental or deliberate introduction of alligators into areas outside
their natural range. Even where there is no intention to release the
animals and with the most secure facility, accidental release due to
human error or natural disasters such as hurricanes remains a real
possibility. The American alligator is the most temperate of the
crocodilian species and is able to cope with frequent freezing
temperatures. They are also generalists and opportunists in their
feeding habits and able to adapt their diet to a wide variety of prey
species. Given their reproductive potential, alligators are capable of
rapidly expanding their populations. In areas already occupied by
crocodilian species, the introduction of alligators could prove
damaging, not only due to competition, but also by the introduction of
exotic diseases. Such introductions would also impact prey species.
Examples of documented introductions of crocodilians outside their
natural range include: Spectacled caiman populations in southern
Florida; Morelet's crocodile into the range of the American crocodile
in western Mexico; and the common caiman on the Isle of Pines in Cuba
which has had an impact on recovery of the endangered Cuban crocodile.
One commenter stated that: ``The few examples we do have indicate that
when introduced into a suitable habitat crocodilians can rapidly
achieve dense populations which are virtually impossible to
eradicate.''
Response: The Service agrees that this is a serious concern.
Substantial information was provided to document the effects of
species, especially crocodilian species, introduced into areas outside
their natural range. The impacts are not only on other crocodilian
species and prey species, but also on the ecosystem as a whole.
Comment: Six commenters had concerns that allowing the export of
live American alligators would have a detrimental impact on the success
of alligator management programs in the United States. These programs
serve as an economic incentive to preserve the wetland habitats
required for alligator conservation and that lack of economic
incentives would adversely impact alligators as well as their habitat.
The conservation benefits of alligator management programs are
inextricably tied to economics. The concern in regard to conservation
is where economic impacts negatively affect conservation programs. In
this regard, there is concern that the establishment of breeding groups
of alligators outside their natural range will result in a substantial
loss of incentives for the conservation of alligator habitat. One
commenter felt that range states have the strongest incentives for
managing their own resources and that such management had conservation
benefits and that use of natural resources by non-range states has no
conservation benefit.
Response: The Service agrees that the alligator management programs
in the United States have been very effective and that economic
incentives are a factor in that success.
Comment: One commenter felt that his applications for export of
live American alligators should not be regulated as a commercial
shipment since the alligators were to be transported to a foreign
facility only for their further care and maintenance. The commenter
noted that he would be maintaining his full ownership rights in the
specimens. In addition he felt that as long as State laws were complied
with and an FWS import/export license was purchased each year, there
should be no further restrictions on exports.
Response: The Federal Government has the jurisdiction, authority,
and responsibility to ensure that exports of wildlife comply with
Federal statutes, regulations, and international agreements as well as
appropriate State law, and may place conditions on the export of such
wildlife consistent with Federal law. An import/export license is
required of all businesses importing and/or exporting wildlife,
regardless of whether the proposed export involves a commercial
activity. In addition to the license requirement, exporters planning
[[Page 25515]]
to export wildlife protected under the ESA and/or CITES must obtain a
Federal export permit prior to export. The issuance of such permits is
a Federal authority and responsibility. Most trade in American
alligators has been in the skins, not in live animals. Permits continue
to be issued for exports of properly tagged American alligator skins,
and live animals may be sold within the United States in accordance
with State law. The State has primary jurisdiction over the management
and use of wildlife as long as it is within that State.
Comment: One commenter stated that since export permits for live
American alligators had been issued in the past, the Service should
continue to issue them.
Response: The Service is required to use the best scientific
information available in making the required determinations for issuing
export permits. When new or additional information is brought to our
attention, the Service has an obligation to review that information and
use it, as appropriate, in making future decisions on permit issuance.
Because several entities contacted the Service concerning the impacts
of live American alligator exports, it became our responsibility to
seek out and evaluate all information available that would assist us in
making the determinations required prior to permit issuance. If the
information indicates persuasively that there are concerns that
previously had not been considered, those concerns must be addressed.
Comment: One commenter felt that export of live American alligators
should be allowed if the destination was not within the habitat of
other crocodilians.
Response: The Service does not agree. Although the initial
destination may not be within crocodilian habitat, as outlined
previously, there is no assurance that the initial destination is the
final destination. Additionally, although information was provided to
the Service stating that one facility planning to receive American
alligators was not within the habitat of other crocodilians, subsequent
information has indicated that the facility is within the range of two
endangered crocodilians, one of which was introduced into the area
after escaping from a crocodilian farm.
Comment: One commenter stated that since a June 24, 1996, Federal
Register final rule allowed the import of live Nile crocodiles into the
United States, there should be no restrictions on the export of live
American alligators.
Response: The Service disagrees. Since publication of the final
rule on Nile crocodile imports, the Service has received a great deal
of information concerning problems associated with the introduction of
exotic species into this country as well as other countries. Therefore,
the question of allowing the import of live, non-native crocodilians
into the United States is being reviewed separately in the context of
the Lacey Act prohibitions on import of injurious species. This is a
related, but separate, issue that is currently under review.
Comment: One commenter stated that Florida farmed or ranched
alligators are no longer considered wildlife under Florida rules and
are ``considered as domestic livestock and personal property for use.''
As a result, there should be no additional requirements for commercial
use of the alligators and that any additional requirements are a
condemnation of a property right.
Response: Under Federal regulations, wildlife is defined as ``any
wild animal, whether alive or dead * * * whether or not bred, hatched,
or born in captivity, and including any part, product, egg, or
offspring thereof.'' (50 CFR 10.12) Farmed or ranched alligators are
still considered wildlife and subject to all applicable Federal laws
and requirements (including CITES export permits). A ranching program
such as those developed by the States of Florida and Louisiana relies
on the availability of natural habitat where wild alligators can
reproduce naturally. A certain number of the eggs and/or hatchlings are
taken from the wild based on a formula to ensure sustainability of the
harvest. The hatchlings are raised on a ``farm'' until the alligators
are of a suitable size to harvest for their skins. The fact that these
animals were raised under controlled conditions does not alter the fact
that they are wildlife both under Federal law and in accordance with
CITES. Alligator farmers may trade their property (live alligators,
skins, or products) freely within the United States in accordance with
State laws. International trade in such property is subject to Federal
requirements, however , and such export restrictions that are applied
for the conservation of domestic alligators and foreign crocodilians do
not in any way affect the possession or use of such property in the
United States. The proposed policy, if adopted, would not effect a
taking of property without due process of law. Furthermore, the Service
continues to issue CITES permits for the export of American alligator
skins and products based on our ability to make the determinations
required by CITES.
Comment: One commenter stated that ``It is a documented fact that
alligators are notoriously poor breeders in captivity'' and that
previous live American alligator exports have not resulted in
commercial farming operations in any other countries.
Response: The Service disagrees. A permit to export 120 live
American alligators to Israel was issued in 1981. It was issued with
assurances from the Israeli CITES Management Authority that the
alligators would not be commercialized and would be for exhibition
only. In 1986, due to successful breeding the Israeli facility became
overcrowded and 200 alligators were shipped to Florida. In October
1987, the requirement that the alligators not be commercialized was
rescinded by the U.S. Federal Wildlife Permit Office. The Israeli
facility stated in a letter to the Service that they did not expect
their exports of skins to be more than approximately 200 skins per
year. However, according to statistics obtained from the World
Conservation Monitoring Centre, from 1989 to 1995 a total of 4,963
American alligator skins were exported from Israel (an average of 709
skins per year).
Comment: One commenter requested a public meeting.
Response: A public meeting will be held at the Delta Resort in
Orlando, Florida, on Tuesday, May 5, 1998, from 1:30 p.m. to 3:30 p.m.
Required Determinations
This notice contains no information collection requirements beyond
those already approved by the Office of Management and Budget under 44
U.S.C. 3506 and assigned Clearance Number 1018-0093 with an expiration
date of February 28, 2001. The Service has determined that an
environmental assessment is not necessary for this policy as it is a
permit function categorically excluded under Part 516 of the
Departmental Manual, Chapter 2. The policy reflects the Service's
permit decisions based on existing requirements for no detriment
findings and introduction of exotic species.
Proposed Policy
Purpose: The Service has been entrusted with certain
responsibilities under the ESA and CITES regarding export of protected
species and under Executive Order 11987 in regard to export of exotic
species. The American alligator (Alligator mississippiensis) is one of
the few native species included in CITES Appendix II for which we have
received applications for export of live specimens for commercial
breeding or resale purposes. Prior to issuance of
[[Page 25516]]
any CITES export permit, the Service must be able to determine that the
specimens to be exported were legally acquired, that the export would
not be detrimental to the species, and that live specimens will be
prepared and shipped in a humane manner. To ensure that the Service
carries out these responsibilities in a consistent manner, the Service
will consider the issuance of permits for the export of live American
alligators (Alligator mississippiensis) in the following context:
1. Applications for export permits for scientific research should
include:
a. Formal research protocol with timetable;
b. Qualifications of the scientific personnel conducting the
proposed research;
c. Description of the facilities where the specimens will be housed
and precautions that will be taken to prevent escape; and
d. Plans for disposition of the alligators and any progeny upon
completion of the research project.
2. Applications for export permits for zoological display should
include:
a. A description of the receiving facility including the housing
planned or in existence for the requested alligators and measures to be
taken to prevent escape; and
b. Plans for disposition of the alligators and any progeny should
the facility close or become overcrowded.
3. Applications for export permits for captive breeding or resale
will not be accepted.
If adopted, this proposed policy would remain in place until
further notice. If substantial new biological information is received,
the basis for these findings would be reviewed.
Dated: May 1, 1998.
Jamie Rappaport Clark,
Director.
[FR Doc. 98-12292 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-55-P
