98-25266. Endangered and Threatened Wildlife and Plants; Proposed Reclassification of Yacare Caiman in South America From Endangered to Threatened, and the Listing of Two Other Caiman Species as Threatened by Reason of Similarity of Appearance

[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Proposed Rules]
[Pages 50850-50863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25266]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD67


Endangered and Threatened Wildlife and Plants; Proposed 
Reclassification of Yacare Caiman in South America From Endangered to 
Threatened, and the Listing of Two Other Caiman Species as Threatened 
by Reason of Similarity of Appearance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to 
reclassify the yacare (Caiman yacare also known as Caiman crocodilus 
yacare) from its present endangered status to threatened status under 
the Endangered Species Act (Act) because the endangered listing does 
not correctly reflect the present status of this animal. The Service 
also proposes to list the common caiman (Caiman crocodilus crocodilus) 
and the brown caiman (Caiman crocodilus fuscus) as threatened by reason 
of similarity of appearance. The yacar is native to Argentina, Brazil, 
Paraguay, and Bolivia, and the other two caiman occur in Mexico and 
Central and South America. These three taxa are listed in Appendix II 
of the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). Listing the two taxa as threatened by reason 
of similarity of appearance will assist in protecting the yacare caiman 
from uncontrolled use.
    A special rule is also proposed for these three species that would 
allow U.S. commerce in caiman skins, other parts and products from 
individual countries of origin and countries of re-export if certain 
pre-trade conditions are satisfied for those countries. The several 
conditions largely pertain to the implementation of a CITES resolution 
on the universal tagging of crocodilian skins (adopted at the ninth 
meeting of the Conference of the Parties) as well as conditions 
complementing the intent of this resolution and provisions to support 
the sufficiency of management of yacar populations so that populations 
will be sustained through time.
    In the case where tagged caiman skins and other parts are exported 
to a second country, usually for tanning and manufacturing purposes, 
and the processed skins and finished products are exported to the 
United States, the United States will prohibit imports of skins and 
products if it determines that either the country of export or the 
country or countries of re-export are engaging in practices that are 
detrimental to the conservation of caiman populations.
    The purpose of the special proposed rule is twofold. One is to 
promote the conservation of the yacare caiman by ensuring proper 
management of the commercially harvested caiman species in the range 
countries and through implementation of trade controls as described in 
the CITES tagging resolution to reduce commingling of caiman specimens. 
The rule is also intended to relieve the burden on U.S. law enforcement 
personnel who must screen difficult to distinguish caiman products to 
exclude products from endangered or improperly identified species from 
U.S. commerce.

DATES: Comments from all interested parties must be received by 
December 22, 1998. Public hearing requests must be received by November 
9, 1998.

ADDRESSES: Comments, information, and questions should be submitted to 
the Chief, Office of Scientific Authority; Mail Stop: Room 750, 
Arlington Square; 4401 North Fairfax Drive; U.S. Fish and Wildlife 
Service, Arlington, Virginia 22203. Fax number [phone]. Comments 
and other information received will be available for public inspection, 
by appointment, from 8:00 a.m. to 4:30 p.m., Monday through Friday, at 
the Arlington, Virginia, address.

FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, Chief, Office of 
Scientific Authority, at the above address, by phone at [phone], 
or by E-mail at: [e-mail].

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Fish and Wildlife Service (Service) recognizes that 
substantial populations of crocodilians that are managed as a 
sustainable resource can be utilized for commercial purposes while not 
adversely affecting the survival of individual populations of the 
species. When certain positive conservation conditions have been met, 
the Service has acted to allow utilization and trade from managed 
populations of the American alligator (Alligator mississippiensis), and 
has allowed the importation of commercial shipments of Nile crocodile 
(Crocodylus niloticus) skins, other parts, and products from several 
southern and eastern African countries and similar shipments of 
saltwater crocodile (Crocodylus porosus) specimens from Australia (61 
FR 32356; June 24, 1996).

[[Page 50851]]

Management activities were reviewed by the CITES Parties prior to 
transferring certain populations from CITES Appendix I to Appendix II 
(thereby allowing commercial trade) and included assessments of 
population status, determination of sustainable harvest quotas (or 
approval of ranching programs), and the control of the illegal harvest. 
Management regulations imposed after harvest included the tagging of 
skins and issuance of permits to satisfy the requirements for CITES 
Appendix II species.
    The Service is also proposing a special rule with this proposed 
rule to ensure implementation of the CITES controls over trade in 
skins, parts, and products of certain populations of the genus Caiman. 
Populations of Caiman spp. are widespread in Mexico and Central and 
South America, and have high reproductive potential; indeed, the 
species have survived in spite of a past substantial legal and illegal 
harvests. The Service believes that commercial utilization of yacar 
caiman should involve trade from controlled harvest only from well 
managed populations, and that trade controls need to be effective in 
order to protect threatened crocodilian populations. If this proposed 
rule and its accompanying special rule are finalized as proposed, the 
Service believes that this will only allow commerce in yacar specimens 
and products into the United States that will facilitate sound 
management practices to regulate the legal harvest and control illegal 
trade in range countries, so that caiman populations are being 
sustained at biologically sound levels. Furthermore, the Service does 
not intend to allow imports of caiman specimens and products with those 
intermediary countries that do not properly control trade in 
crocodilian skins, other parts, and products, so as to ensure that 
illegal skins, other parts, and products are not exported to the United 
States.
    This rule proposes to reclassify the yacar (Caiman yacare = C. 
crocodilus yacare) from endangered to threatened status under the Act, 
and to list two additional taxa, the common caiman (C. crocodilus 
crocodilus) and the brown caiman (C. crocodilus fuscus including C. 
crocodilus chiapasius), as threatened by reason of similarity of 
appearance. When traded as skin pieces in products, the yacare is 
similar in appearance to the common caiman and the brown caiman that 
are listed as CITES Appendix II species, but have no comparable status 
under the Act. Other caiman species will be retained as endangered 
under the Act, including the black caiman (Melanosuchus niger) and the 
broad-snouted caiman (Caiman latirostris). This proposed rule does not 
affect the endangered or threatened status, under the Act, of any other 
crocodilian species in the Western Hemisphere.
    The original listing for the yacar caiman (under the provisions of 
the Endangered Species Conservation Act of 1969) was C. yacare, which 
is the presently accepted taxonomic name for the species (King and 
Burke 1989) and the name used throughout this proposed rule. Some 
authors treat the taxon as a subspecies, C. c. yacare, and this is the 
taxonomic name presently included in the List of Endangered and 
Threatened Wildlife (50 CFR part 17.11). King believes (in litt.) that 
C. yacare should be considered biologically as a subspecies or at the 
end of a morphological cline, but indicates that nomenclaturally it is 
recognized as a full species.
    A recent study, including an analysis of mitochondrial DNA 
variation, indicates that the C. yacare of Argentina, Bolivia, Brazil, 
and Paraguay comprise an taxonomic unit with substantial genetic, 
morphological, and zoogeographical similarities (Brazaitis et al. 
1993). Those authors indicate that C. yacare populations are 
effectively separated from C. c. crocodilus populations by mountains 
and highlands that limit nesting habitat and the migration of 
individual animals between southern and northern river systems. Caiman 
yacare, C. c. crocodilus and C. c. fuscus are considered, on the basis 
of base changes in their DNA sequences, to be diagnostically distinct 
populations of a widespread and related taxa (Amato 1992) with C. 
yacare, apparently having greater genetic differences from C. c. 
crocodilus than C. c. crocodilus has in relationship to C. c. fuscus 
(Brazaitis et al. 1993). Additional analysis of DNA information by 
Brazaitis and others supports the interpretation that ``Caiman yacare, 
C. c. crocodilus, and C. c. chiapasius (probably C. c. fuscus) are each 
phylogenetic species, as per the criteria of Davis and Nixon (1992)'' 
(Brazaitis et al. 1997a, Brazaitis et al. 1997b). However, recent work 
(Busack and Pandya 1996) suggests that C. c. crocodilus and C. c. 
fuscus comprise a single genetic population at the subspecies level, 
while confirming that yacar is a distinct subspecies, C. c. yacare. 
There is no biochemical evidence, at this time, that recognizable 
subgroups of C. yacare occur within the distributional limits of C. 
yacare in the river systems of Argentina, Bolivia, Brazil, or Paraguay 
(Brazaitis et al. 1993) and no such subgroups are recognized in this 
proposed rule.
    Since the initial listing of the yacare caiman, there has been 
controversy associated with defining the ranges of caiman species, 
especially that of C. yacare in southern South America. To assist in 
the clarification of the status of C. yacare, the CITES Secretariat, in 
conjunction with the World Conservation Union/Species Survival 
Commission (IUCN/SSC) Crocodile Specialist Group (CSG), undertook a 
survey (starting in late 1986 and early 1987) and the development of a 
conservation program for the crocodilians of the genus Caiman. These 
surveys were conducted under the auspices of CITES and were carried out 
by the CSG, and the Governments of Brazil, Bolivia, and Paraguay. The 
available data from these studies (Brazaitis 1989A; Brazaitis et al. 
1990; King and Videz Roca 1989; and Scott et al. 1988 and 1990) on the 
distribution, ecology, and status of C. yacare indicate that this 
species is not endangered in its entirety and is not in danger of 
extinction in any significant portion of its range.
    Caiman yacare is widely distributed throughout the lowland areas 
and river systems of northeastern Argentina, southeastern and northern 
Bolivia, Paraguay, and the western regions of the Brazilian States of 
Rondonia, Mato Grosso, and Mato Grosso du Sol (Brazaitis et al. 1990). 
The range includes: the entire Guapore River (= Itenes River) drainage, 
including its head waters in the Brazilian State of Mato Grosso, and 
its tributaries in northeastern Bolivia; eastern Bolivia and western 
Brazil throughout the drainage of the Paraguay River and the Pantanal 
of Brazil; Paraguay River and southern Pilcomayo River in Paraguay; and 
the lower Salado River, the Parana River east to the Uruguay River, and 
south to the mouth of the Parana River in Argentina (Brazaitis et al. 
1993).
    The common caiman, C. c. crocodilus, occurs in the drainage basins 
of the Amazon and Orinoco Rivers in French Guiana, Surinam, Guyana, 
Venezuela, eastern Ecuador, Colombia, Peru, and Brazil. A narrow zone 
of intergradation exists between C. yacare and C. c. crocodilus along 
the northern border of Bolivia and Brazil in the State of Acre in the 
Acre River and Abuna drainages, northward to approximately Humaita on 
the Madeira River in the Brazilian State of Amazonas (Brazaitis et al. 
1990).
    The brown caiman, C. c. fuscus (including C. c. chiapasius), occurs 
from Mexico through Central America to Colombia (west of the Andes), 
along the coastal and western regions of

[[Page 50852]]

Venezuela, and south through Ecuador to the northwestern border of 
Peru. The CITES Secretariat and several authors consider C. c. 
chiapasius a synonym of C. c. fuscus and it is so considered in this 
proposed rule.
    The yacare has been listed as endangered under the Act since 1970 
and was placed in Appendix II of CITES on July 1, 1975. It has never 
been listed in CITES Appendix I. The endangered listing under the Act 
prohibited all commercial imports of the species into the United 
States. However, the Appendix II listing allowed for regulated 
commercial trade elsewhere in the world. A substantial U.S. law 
enforcement problem has occurred because of the different listing 
status under the Act and under CITES. All commercial imports of yacare 
into the United States are prohibited under the Act, including 
shipments originating from countries of origin with valid CITES export 
documents. Commercial imports of products from the common and brown 
caiman are legal, with appropriate CITES documents. Products 
manufactured from the yacare, common caiman, and the brown caiman are 
often indistinguishable as to species they are made from, and there is 
evidence that products from the prohibited yacare have been commingled 
with products from non-prohibited taxa among commercial shipments into 
the United States. The unauthorized entry of prohibited yacare products 
constitutes a violation of the Act, and if the yacare is legally 
protected in individual range countries, then Lacey Act violations may 
also have occurred.
    Argentina, Bolivia, Brazil, and Paraguay prohibited, until 
relatively recently, the export of caiman products (Brazaitis in 
comments on the October 29, 1990, Federal Register notice [55 FR 
43389], see below). CITES Notification to the Parties No. 781, issued 
on March 10, 1994, indicated that Brazil's CITES Management Authority 
had registered 75 ranching operations for producing skins of C. c. 
crocodilus and C. yacare. These ranching operations were established 
under provisions of Article 6 B of Brazilian Wildlife Law No. 5.197, of 
November 3, 1967. Some of the ranching operations have begun the export 
of crocodilian products under CITES procedures including the use of 
security tags. Caiman yacare from Brazilian ranches is now legally 
traded in the international marketplace, except into the United States. 
Paraguay has also expressed an interest in the legal marketing of C. 
yacare skins, and a restricted legal hunt was held in 1994 (King et al. 
1994).
    The Service, on March 15, 1988, received a petition requesting the 
reclassification of the yacare caiman (C. c. yacare) from endangered to 
threatened status. The Service reviewed the petition and concluded that 
it did not present sufficient scientific or commercial information to 
indicate that a reclassification was warranted (55 FR 43387 published 
October 29, 1990). However, the Service, in the October 29, 1990, 
Federal Register notice, also solicited relevant data, comments, and 
publications dealing with the current status and distribution, 
biological information, and bioconservation measures pertaining to the 
yacare caiman. The Service also requested comments about the 
advisability and necessity of treating the subspecies C. c. crocodilus 
and C. c. fuscus as endangered or threatened due to its similarity of 
appearance to the listed C. c. yacare. The Service noted that while 
living yacare caiman are usually distinguishable from the common and 
the brown caiman, portions of the skin and products manufactured from 
cut skins of any of these taxa may be difficult to distinguish as to 
taxon of origin.

Comments Received

    Thirty-eight written comments, from 31 individuals and 
organizations, were received in response to the October 29, 1990, 
Federal Register notice, of which 24 were received during the formal 
comment period. Ten received during the formal comment period were from 
government officials or residents of South America (Argentina {3}, 
Brazil {4}, Colombia {1}, Peru {1}, and Paraguay {1}); 10 were from the 
scientific community, including 4 from the IUCN/SSC Crocodile 
Specialist Group (CSG); and one each was received from the trade 
industry, the CITES Secretariat, the German Scientific Authority, and 
TRAFFIC-USA. Some of the additional comments received outside the 
formal comment period are also cited herein because they are believed 
to provide important information relevant to this proposed listing 
determination. The spectrum of interest expressed in the comments 
received ranged from requests for the total removal of C. c. yacare 
from the ``List of Endangered and Threatened Wildlife'' to listing the 
taxa as ``threatened or endangered.'' Many of the comments referred to 
the presence of yacare caiman at various locations but did not provide 
any field data or information on population levels, trends or 
productivity. However, the Service acknowledges such anecdotal 
information as being useful to reinforce its information on the 
distribution of the species.
    Dr. F. Wayne King, Deputy Chairman of the CSG, commented that the 
original 1970 endangered listing was unjustified in that data available 
at the time of listing indicated that C. yacare was under no greater 
threat than C. c. crocodilus or C. c. fuscus, which were not listed. In 
preparing his comments in response to the October 29, 1990, Federal 
Register notice, King relied upon the status reports prepared for the 
CITES Secretariat (Brazaitis 1989a; Brazaitis et al. 1990; King and 
Videz Roca 1989; Scott et al. 1988 and 1990). He concluded that C. 
yacare is neither endangered nor threatened and is not in danger of 
extinction in any significant portion of its range.
    King further concluded that the ``endangered'' listing denies 
yacare range countries an opportunity to profit from implementing 
successful management programs for the species. Mr. Juan Villalba-
Macias, Vice Chairman for Latin America section of the CSG, agreed with 
King that this species should not be considered as endangered in the 
different range countries and that it is not appropriate to keep yacare 
listed under the Act. He considered its inclusion in Appendix II of 
CITES the most appropriate listing.
    Mr. Dennis David, North American Deputy Vice Chairman of the CSG, 
indicated that the species does not meet the criteria for listing as 
endangered or threatened, and that a downlisting action would greatly 
influence the ability of Latin American countries to pursue the 
establishment of sound management programs. According to Mr. David, 
many of these countries are actively seeking to establish regulated 
harvests that would provide economic incentives for the conservation of 
crocodilian species and their wetland habitats. The most destructive 
action, in his view, would be to maintain or establish obstacles to the 
development of regulated harvest programs in this region. He stated 
that the CITES Appendix II classification provided ample control over 
trade.
    Dr. Valentine A. Lance, Vice Chairman for Science of the CSG, 
opposed any decision to list other caiman species as endangered under 
``similarity of appearance'' because of his belief that none of the 
caiman species are endangered.
    Dr. Obdulio Menghi, Scientific Coordinator of the CITES 
Secretariat, commented that after having reviewed the comments made by 
Latin American countries regarding the distribution of populations of 
the species and based upon his own experience in the region,

[[Page 50853]]

he believed that yacare should be removed from the U.S. endangered 
species list. This, he wrote, would improve compliance with CITES by 
allowing legal trade. Dr. Menghi also opposed adding C. c. crocodilus 
and C. c. fuscus to the list of endangered and threatened species under 
the similarity of appearance provisions. Dr. Menghi noted that listing 
C. c. crocodilus and C. c. fuscus would discourage an entire region 
that has come a long and difficult way toward accomplishing the aims of 
CITES.
    Dr. Dietrich Jelden, Deputy Head of the CITES Scientific Authority 
of Germany (currently Head of the Management Authority of Germany) 
commented that, based on the status of yacare in its four range 
countries, virtually all populations had suffered severely from 
indiscriminate hunting. He recommended that any downlisting should be 
combined with improvements to the general management of the species. 
Furthermore, he believed that any downlisting should be combined with a 
commitment from the governments of Bolivia, Brazil, and Paraguay, to 
only ship tanned skins or flanks marked with self-locking tags, if they 
intend to start legally exporting yacare skins.
    Ms. Ginette Hemley of TRAFFIC-USA (now with World Wildlife Fund) 
commented that, in her view, the species does not qualify as 
endangered, and it is clearly not ``in danger of extinction throughout 
all or a significant portion of its range.'' The high value of C. 
crocodilus products and the relative abundance of the species, 
including C. yacare, has prompted many range countries to develop, or 
begin developing, sustained-use management programs. Whereas a policy 
of strict protection once appeared to be the best way to conserve the 
species, many range countries now see that the most appropriate means 
of protecting the species is through farming, ranching, or controlled 
harvest, and trade. She added that Service policy on conservation and 
trade of the species, including C. yacare, should take these 
developments into consideration, as they are fully consistent with the 
purposes of CITES and the Act. Ms. Hemley stated that C. yacare should, 
at a minimum, be downlisted from endangered to threatened under the 
Act, and that the Service should use every resource and legal tool 
available to combat and control the illegal trade.
    Mr. Jorge Hernandez Camacho of the Institute for Natural Renewable 
Resources (INDERENA) and the CITES Scientific Authority for Colombia, 
commented that four subspecies of C. crocodilus (apaporiensis, 
chiapasius, crocodilus, and fuscus) occur in Colombia and that the 
Government has no interest in the commercialization of specimens or 
hides of C. yacare. Mr. Camacho wrote that the formal inclusion of C. 
c. chiapasius, C. c. crocodilus, and C. c. fuscus by similarity of 
appearance under the Act could have a drastic negative impact on the 
future of crocodilian management policies and practices in Colombia. He 
stated that there is no commercial hunting of any crocodilian species 
in Colombia and that management policy is oriented toward the 
establishment of captive breeding farms. Reportedly, INDERENA 
authorities allow the capture of animals from the wild for breeding 
purposes only. The control system for ranched specimens includes the 
marking of individuals and legally-produced hides.
    Mr. Tomas Uribe, Director of the Colombian Government Trade Bureau, 
on behalf of the Government of Colombia, submitted two responses 
(letters of February 26, 1991, and March 8, 1991) to the Service's 
notice. He observed that although C. yacare does not exist in Colombia, 
a main concern was the prospective listing, as endangered or threatened 
by similarity of appearance, of species native to their country, 
particularly C. c. crocodilus and C. c. fuscus. Mr. Uribe wrote that 
Colombia has a comprehensive and scientifically oriented system of 
protection and conservation of its natural and wildlife resources. He 
affirmed that the Government of Colombia recognized the importance of 
the caiman trade and its contribution to regional welfare, and 
instituted a program to ensure the conservation of the species 
involved. All caiman skins exported must be accompanied by a CITES 
export permit issued by the Institute for Natural Renewable Resources 
(INDERENA), Ministry of Agriculture.
    Three comments were received from scientists who work for the 
Brazilian governmental agency, Embresa Brasiliera de Pesquisa 
Agropecuaria/Centro de Pesquisas Agropecuarias do Pantanal (EMBRAPA/
CPAP), in the State of Mato Grosso do Sul. They contended that C. 
yacare remains common throughout its range despite extensive 
exploitation in the southern part of the Pantanal and in other regions. 
They stated that there is no reason to have the C. yacare listed as 
endangered, and that the Appendix II listing under CITES is sufficient 
for the United States to support any management decisions by the 
Brazilian Wildlife Management Authority (IBAMA). Mr. George Rebelo of 
the Instituto Nacional de Pesquisas de Amazonia (INPA) commented that 
C. yacare is common over all of its range in Brazil, but in many places 
there are visibly depleted populations. He stated that C. yacare should 
not be downlisted until a feasible management plan to harvest skins 
under a sustained-yield model is developed, and until illegal hunting 
is stopped or greatly reduced.
    In Argentina, one governmental agency (Ministerio de Economia, 
Buenos Aires) favored listing C. yacare as threatened to bring it in 
line with the CITES listing; while two agencies (Ministerio de 
Agricultura, Ganaderia and Industria y Comercio--Provincia de Santa Fe 
and El Bagual Ecological Reserve--Formosa) opposed this listing until a 
recovery program has been developed.
    Ms. Aida Luz Aquino-Shuster, Scientific Authority CITES-Paraguay, 
commented that C. yacare can still be found in large numbers in the 
Pantanal, but that they are less common in the lower Chaco region of 
Paraguay. Furthermore, in response to the October 1990 Federal Register 
notice, Ms. Aquino-Shuster observed that the control systems in all the 
range countries were very poor or non-existent at that time. She felt 
that a good strategy to enhance the survival of the species in the 
various range countries should be developed and implemented before the 
United States downlists C. yacare.
    Ms. Ana Maria Trelancia of Lima, Peru, a member of the CSG, wrote 
that the 2-year survey on C. yacare conducted by competent researchers 
shows that this species can support sustainable use, and that the 
United States' prohibition on importation should be changed to bring it 
in line with CITES.
    Dr. Marinus S. Hoogmoed of the National Museum of Natural History 
of Holland commented that the trade in products of caiman species 
should be allowed, provided the skins are legitimately taken and marked 
as such.
    Three Zoological Institutions (Toledo Zoological Society, 
Riverbanks Zoological Park, and Zoo Atlanta) recommended that the 
Service list C. c. crocodilus and C. c. fuscus under the similarity of 
appearance provisions of the Act because small pieces of hides or 
finished products are difficult to distinguish from the listed species, 
C. yacare.
    Extensive comments were received from Mr. Peter Brazaitis of the 
New York Zoological Society. Since 1985, Mr. Brazaitis has conducted 
field investigations on Caiman species in Brazil. His primary research 
focus has been the resolution of both taxonomic

[[Page 50854]]

issues and the determination of the status and distribution of caimans. 
In 1986, Mr. Brazaitis was Coordinator for the CITES Central/South 
America caiman survey in Brazil.
    Mr. Brazaitis stated that the rampant illegal trade in crocodilians 
continued at an alarming rate. Due to the great similarity of 
appearance among the Caiman species, he noted that it is difficult to 
identify the species, especially when small pieces of skins and 
products, or even whole skins are involved. According to Mr. Brazaitis, 
the majority of skins involved in trade are C. yacare, and at the time 
of his writing there were no legal sources for these skins because each 
range country (Argentina, Bolivia, Brazil and Paraguay) had a ban on 
the export of all caimans. He further noted that while no legal sources 
existed for raw untanned skins, raw skins continually entered 
commercial trade and found their way into the United States.
    Mr. Brazaitis commented that the lack of adequate trade controls 
and the lack of procedures for marking skins and products, compounded 
the problem of distinguishing the taxa yielding hides and products, 
because of the great similarity in appearance and morphology. He 
observed that the extensive trade in items made from C. crocodilus may 
include products made from the endangered species (C. c. apaporiensis 
and C. c. yacare) that pass unhalted into the United States due to 
similarity of appearance. According to King (pers. comm.), there have 
been no reports of C. c. apaporiensis still occurring in the wild over 
the last 20 years.
    Mr. Brazaitis urged the Service to include listing C. c. 
crocodilus, C. c. fuscus and C. latirostris under the similarity of 
appearance provision of the Act. [Note that C. latirostris is already 
listed as endangered under the Act.] Apart from the similarity of 
appearance issue, Mr. Brazaitis wrote that sufficient grounds exist to 
elevate C. c. crocodilus in Brazil to endangered status.
    A group of scientists (M. Watanabe, J. Mahony, W. Tramontano, and 
E. Odierna) from Manhattan College in New York have assayed heavy metal 
content in tissues taken from caimans (all species) in Brazil. These 
scientists report that populations surveyed by the field team in Brazil 
suggest very low numbers in many regions of the Amazon Basin, and 
surveys in northern Brazil found few adult animals.

Summary of Factors Affecting Caiman Yacare

    Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations 
promulgated to implement the listing provisions of the Act (50 CFR part 
424) set forth five criteria to be used in determining whether to add, 
reclassify, or remove a species from the list of endangered and 
threatened species. These factors and their applicability to 
populations of the yacare caiman in South America are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    The yacare caiman may occur over 500,000 square kilometers (sq km) 
in Brazil of which 175,000 sq km is in the Pantanal, which is a primary 
habitat (Brazaitis et al. 1988). The Pantanal is a complex region which 
lies in the basin of the Paraguay River in the Brazilian States of Mato 
Grosso and Mato Grosso du Sol. The region is composed of permanent 
swamp, seasonal swamp, gallery forest, marginal scrub, savannah, and 
semi-deciduous forest. The yacare is the only caiman in the Pantanal 
(Brazaitis 1989a). The yacare, in the Pantanal and elsewhere, is found 
in a wide variety of habitats including those that are altered by 
humans. The species occurs in vegetated and non-vegetated large open 
rivers, secondary rivers and streams, flooded lowlands and forests, 
roadside ditches and canals, oxbows, large and small lakes and ponds, 
cattle ponds and streams (Brazaitis et al. 1988). The yacare is found 
throughout the Bolivian Departments of Beni, Pando, and Santa Cruz, and 
the lowland portions of Chuquisaca, Cochabamba, La Paz, and Tarija 
(King and Videz Roca 1989). King and Videz Roca (1989) also indicate 
that the yacare may occur in permanent wetland habitats that may total 
over 60,000 sq km in area and in seasonal wetland habitats that may 
total an additional 70,000 sq km in area. The yacare occurs throughout 
the Chaco of western Paraguay wherever there are permanent water 
refuges during the dry season (Scott et al. 1990). The species inhabits 
the flat seasonally flooded lands west of the Paraguay River in the 
southern Chaco, marshes and oxbows along the isolated streams and river 
valleys in eastern Paraguay, and the extensive marshes at the 
confluence of the Paraguay and Parana rivers in southern Paraguay 
(Scott et al. 1990).
    The expansion of cattle grazing and the concurrent construction of 
permanent water sources for cattle has increased the dry season 
freshwater habitats available to caiman in some areas, and has 
diminished habitat in other areas by increasing the salinity of 
waterways (King et al. 1994). Habitat destruction and deterioration has 
taken place and continues to occur throughout the range of the yacare. 
Transportation improvements destroy relatively small amounts of habitat 
but increase the access of poachers to some yacare habitats. Increasing 
human populations, the development of hydroelectric projects, the 
draining of wetlands, and deteriorating water quality due to siltation 
or the extensive dumping of pollutants has caused habitat degradation. 
However, yacare habitat is very extensive and yacare habitation is so 
widespread that it is very unlikely that the species is presently 
endangered or threatened because of the destruction, modification, or 
curtailment of its habitat or range.

B. Overutilization for Commercial, Recreational, Scientific or 
Educational Purposes

    The status of the yacare has been of concern. Each of the four 
range countries has some populations that are adequate, and each has 
other populations that are reported to be depleted or extirpated 
(Groombridge 1982). Hunting for hides, both legal and illegal, has in 
the past been the major threat to the survival of populations of the 
species. The species is either provided protection by domestic 
legislation (Paraguay, Argentina, and Brazil) or the legal harvest is 
regulated by established hunting seasons and limits on the size of 
animals that can be legally killed for the commercial trade (Bolivia). 
Questions about the taxonomy, distribution, and population status of 
the species prompted the CITES Secretariat in conjunction with the CSG 
to undertake a survey (starting in late 1986 and early 1987) and to 
help develop a conservation program for the crocodilians of the genus 
Caiman. These surveys were conducted under the auspices of CITES and 
were carried out by the CSG, and the Governments of Brazil, Bolivia, 
and Paraguay. The available data from these studies (Brazaitis 1989a; 
Brazaitis et al. 1990; King and Videz Roca 1989; and Scott et al. 1988 
and 1990) on the distribution, ecology, and status of C. yacare are 
reviewed below to assess Factor B under the Act.
    In the past, large numbers of caiman per year, particularly those 
of C. yacare, were taken from Brazil, in violation of Brazilian law 
(Brazaitis et al. 1988). Yacare populations declined in many areas, 
although the species can be found, in varying population densities in 
most areas where suitable habitat remains. Yacare found in some surveys 
almost a decade ago appeared small, extremely wary, and exhibited a 
high male sex ratio. It was suggested that females might be more 
heavily

[[Page 50855]]

harvested at a time when they might be very vulnerable while protecting 
their nests (Brazaitis 1989a). Brazilian yacare have historically been 
illegally taken by Bolivian and Paraguayan traders. Local landowners in 
Bolivia and Paraguay, and the exotic foreign leather interests provided 
a basis for illegal hunting and a market for skins. The illegal harvest 
was the direct result of illegal hide buyers operating with the tacit 
approval of authorities in Bolivia and Paraguay (King and Videz Roca 
1989), although there is reason to believe that situation, prevalent 
almost a decade ago, has improved recently. Habitats may be remote and 
inaccessible during the wet season but easily accessible during the dry 
season when most harvest occurs (Brazaitis 1989a).
    The yacare remain widely distributed in Bolivia (King and Videz 
Roca 1989), with management of populations improving in recent years. 
The average length of certain measured caiman was about 1.25m which 
suggests a disproportionately young age structure. Caiman populations 
in some rivers were extirpated, but caiman survive in Bolivia due to 
abundant habitat and their rapid growth to sexual maturity. Minimal 
size lengths and legal hunt seasons have been established. A 
sustainable harvest will occur, with effective enforcement of existing 
laws governing the yacare. Almost a decade ago , it was reported that 
the long-term continuation of the status quo could lead to the 
endangerment of the species in Bolivia (King and Videz Roca 1989); it 
is believed that situation has improved, with new, more effective 
management in Bolivia.
    The yacare persists in good numbers throughout the Chaco region of 
Paraguay, wherever there are permanent water refuges during the dry 
season. The yacare is subject to intense hunting pressures for both 
hides and meat in many locations, although populations may be dense 
where the species is protected. Some caiman populations, until 
recently, were heavily exploited. The fact that small residual 
populations exist in many areas suggest that the yacare should be able 
to recover where they and their habitats are protected (Scott et al. 
1990). King et al. (1994) reported that large populations of yacare can 
still be found in suitable habitats. In some cases, however, 
populations consist of smaller animals suggesting that extensive 
hunting occurred in the recent past.
    The CSG did not conduct a survey and assessment in Argentina. Fitch 
and Nadeau (1979) indicated that yacare were relatively abundant in 
northern Argentina. Using a combination of census methods and 
interviews with hunters and hide dealers, they estimated that 1,400,000 
animals remained in the swamps of western Argentina. This preliminary 
estimate was later revised downward to 200,000 (King in litt).
    The Service believes there is sufficient cause to find, at this 
time, that some populations of the yacare caiman still may be 
threatened by trade in portions of its extensive range. In some cases, 
harvest numbers could exceed the sustainable yield.

C. Disease or Predation

    The eggs of C. yacare are eaten by a variety of predators, which in 
some localities include humans, and hatchlings are consumed by a 
variety of predators including crocodilians. However, there is no 
evidence, at this time, that disease or predation are significant 
factors affecting C. yacare populations.

D. The Inadequacy of Existing Regulatory Mechanisms

    The yacare is protected in Argentina by a total ban on commercial 
hunting, and on the export of raw and tanned hides, and other products. 
Domestic laws ban the export of wildlife and wildlife products from 
Brazil, except from approved ranching programs. The yacare is nominally 
protected in Paraguay by Presidential decree which prohibits hunting, 
commerce, and the import and export of all species of wildlife and 
their parts and products, although a restricted harvest was held in 
1994 (King et al. 1994). Bolivia permits the hunting of yacare from 
January 1 to June 30, and imposes a 1.5m size limit on all harvested 
caiman. The yacare was listed as endangered by the Pan American Union 
in 1967 (Groombridge 1982). The yacare was additionally listed as 
endangered under the U.S. Endangered Species Conservation Act of 1969 
and was added to Appendix II of CITES in 1975.
    The several pieces of domestic and international legislation and 
individual Presidential decrees were meant to restrict the harvest and 
commercial trade of yacare to a sustainable harvest from wild 
populations of yacare legally killed in Bolivia. Yacare skins, other 
parts and products from this legal harvest, with proper CITES export 
permits from Bolivia, have been able to enter international trade with 
countries other than the United States. In some cases, existing 
legislation and decrees have been inadequately or unevenly enforced. 
The yacare is apparently illegally killed in Argentina, Bolivia, 
Brazil, and Paraguay, and reportedly may be illegally exported with 
real or forged CITES export permits from some South American countries. 
Furthermore, some countries of manufacture, knowingly or unknowingly, 
apparently accepted illegally killed and illegally exported yacare, 
used these materials in the production of leather goods, and shipped 
the resulting finished products to the United States. Although a live 
or whole yacare caiman can be distinguished from other caiman species, 
the products from tanned or processed skins are often very difficult to 
distinguish caiman species. U.S. Fish and Wildlife Service Wildlife 
Inspectors, by clearing crocodilian products from these leather good 
manufacturing countries, could inadvertently have allowed the import of 
parts and products from illegally harvested yacare. Such imports would 
constitute violation of the U.S. Lacey Act and the Endangered Species 
Act, and would be detrimental to the conservation of the yacare, by not 
effectively promoting the management of the species.
    The CITES Secretariat, in conjunction with the CSG, and with the 
permission and cooperation of the range countries, conducted a survey 
of the status of the yacare and discovered, during the course of those 
surveys, major inadequacies associated with the existing regulatory 
mechanisms. All available information indicates that some of the 
regulations and laws have been improved since the survey.
    The yacare in Paraguay is subject to intensive hunting pressures 
for meat and hides (Scott et al. 1990). Until recently the level of 
exploitation of caimans was uncontrolled and many populations were 
over-exploited. The combination of increased difficulty in marketing 
hides, an increased awareness of conservation needs, reduced caiman 
populations, reduced prices, and increased action by government and 
international agencies may have relieved some of the pressure on the 
caiman resources (Scott et al. 1990). King et al. (1994) report that 
the traffic in yacare skins was virtually nonexistent in Paraguay in 
1993, and interest exists in developing sustainable harvest programs.
    In the 1980s, the yacare in Bolivia supported a legal export trade 
of 50,000-200,000 hides annually, and an illegal trade that brought 
total exports to about 400,000 hides annually (King and Videz Roca 
1989). The yacare was considered to be suffering from a lack of 
conservation management because of a lack of enforcement of existing 
wildlife laws. The establishment and implementation of an adequate 
bureaucracy to conduct wildlife

[[Page 50856]]

management and to enforce conservation laws was considered an 
imperative if wildlife resources were to survive and flourish.
    A 1961 Presidential decree prohibited the hunting of yacare less 
than 1.5 meters (m) in length, and additional decrees closed the caiman 
hunting seasons from July 1 to December 31. Unfortunately, there was no 
effective enforcement of either the hunting season restriction or of 
the minimum size limit restriction. About two-thirds of the hides 
inspected in warehouses were less than the 1.5 m legal length. In 1986 
and 1987, Bolivia reputedly sold CITES export permits, in the amount 
equal to the annual CITES quotas, to skin exporters in Paraguay (King 
and Videz Roca 1989). This provided an outlet for poached skins through 
Paraguay which apparently enhanced the illegal kill and sanctioned and 
encouraged the trans-national movement of illegal wildlife products in 
violation of CITES. The Standing Committee of CITES recommended, in 
October 1986, that the Parties to the Convention no longer accept 
export permits from Bolivia, but further study would be required to 
determine if effective regulatory mechanisms may presently be in place 
in Bolivia.
    Large numbers of caiman skins were illegally taken every year, 
largely from south central Brazil, despite Brazilian laws (Law No. 
5.197, January 3, 1967) which prohibit the commercial hunting of all 
wildlife (Brazaitis et al. 1988). The illegal hunting of caiman in 
south-central Brazil was well organized, well funded, and widespread. 
The endemic crocodilians, in some areas, however, are beginning to be 
perceived as a valuable renewable natural resource and state 
governments and the private sector have begun some conservation 
initiatives. A Federal wildlife bureaucracy has been established, and 
regional and local offices have been established in states and major 
cities. Brazaitis et al. (1988) considered the Brazilian biologists and 
law enforcement personnel as competent, interested, and eager to 
participate in crocodilian wildlife conservation. These Brazilian 
personnel, however, were ill equipped to face poachers that were both 
better equipped and better armed. A further weakness has been that the 
judiciary has not supported the enforcement of wildlife regulations 
with appropriate penalties for violators. Presumably, the success and 
effectiveness of future conservation programs for crocodilians will 
depend on the cooperation and financial support of an interested 
private sector.
    The Service believes there is sufficient cause to find that the 
yacare is presently threatened by the inadequacy of the existing 
regulatory mechanisms. Sufficient laws and decrees may be published but 
they have been insufficiently enforced to successfully promote the 
conservation of the yacare.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    Wildlife, such as the yacare caiman, can be advantageously utilized 
in commerce if management is sufficient to maintain satisfactory 
habitats, and harvest is at a level that allows maintenance of healthy 
and sustainable populations. The yacare, under such conditions, can 
provide revenue to pay for its own management and to stimulate local 
economies. CITES works well to regulate exports under conditions where 
all parties share the same conservation goals and provide adequate 
resources to properly manage the species and control trade.
    Currently, pressures exist to distort this ideal management model. 
In many areas, within the range of the yacare, the goal has been to 
exploit rather than conserve the species. Within the range countries, 
there have been insufficient funds to protect, enhance, and manage 
wildlife resources, and there are tremendous demands for land and the 
products from that land to provide subsistence living to an increasing 
human population. CITES implementation is challenging when countries do 
not have the will or resources to prevent the over-exploitation of 
natural resources. The unfortunate reality is that over exploitation 
minimizes per item resource values in the short-term and may destroy 
long-term resource values.
    International trade in certain crocodilians has presented 
significant problems for the CITES Parties; several resolutions have 
been adopted at previous meetings of the Parties in an effort to 
establish management regimes to benefit conservation of particular 
species. The United States, in conjunction with Australia, Germany, and 
Italy, submitted a resolution (Conf. 8.14) for consideration at the 
eighth meeting of the Conference of the Parties in Kyoto in 1992, which 
called for a universal tagging system for the identification of 
crocodilian skins in international trade. Additional controls were 
incorporated into a revised resolution prepared by the CITES Animals 
Committee and adopted by the CITES Parties at the ninth meeting of the 
Conference of the Parties held in Fort Lauderdale, Florida, in November 
1994. Resolution Conf. 8.14 was repealed with the adoption of the new 
resolution Conf. 9.22 on the Universal Tagging of Crocodilians. 
Requirements of this new resolution are incorporated into this proposed 
rule and will also be incorporated into a future revision of 50 CFR 
part 23 on CITES implementation in the United States. Adherence to the 
new marking requirements should minimize the potential for substitution 
of illegal skins and reduce the trade control problems with the 
similarity in appearance of skins and products from different species 
of crocodilians.
    The CITES resolution on the universal tagging system for the 
identification of crocodilian skins requires, in part: (1) the 
universal tagging of raw and processed crocodilian skins with non-
reusable tags for all crocodilian skins entering trade or being 
reexported, unless they have been further processed and cut into 
smaller pieces; (2) the tagging of transparent containers of 
crocodilian parts; (3) that the non-reusable tags include as a minimum 
the International Organization for Standardization two-letter code for 
the country of origin, a unique serial identification number, a 
standard species code and the year of production or harvest, and 
further that such non-reusable tags be registered with the CITES 
Secretariat and have the required information applied by permanent 
stamping; (4) that the same information as is on the tags be given on 
the export permit, re-export certificate or other Convention document, 
or on a separate sheet which shall be considered an integral part of 
the permit, certificate or document and which should be validated by 
the same issuing authority; and (5) that re-exporting countries 
implement an administrative system for the effective matching of 
imports and re-exports and ensure that the original tags are intact 
upon re-export unless the pieces are further processed and cut into 
smaller pieces.
    The Service has carefully assessed the best available biological 
and conservation status information regarding the past, present, and 
future threats faced by the yacare in proposing this rule. Based on 
this evaluation, the proposed action is to reclassify yacare caiman 
populations from endangered to threatened. The Service has concluded 
that an extensive but not yet completely adequately managed population 
of yacare still exists over large and seasonally inaccessible areas 
within the four South American range countries. There seems to be solid 
and well-supported information documenting the extensiveness of the 
distribution of this species. The Service recognizes that

[[Page 50857]]

little quantified field work has been performed to assess the 
population trends over time, and this is due to the inaccessibility of 
the habitat, the high costs of performing field work in such locations, 
and physical risks to researchers in some areas. The best available 
information does indicate that this species is surviving despite 
unregulated harvests.
    Criteria for reclassification of a threatened or endangered 
species, found in 50 CFR 424.11(d) include extinction, recovery of the 
species, or error in the original data for classification. The original 
listing did not encompass the survey information, such as Medem's 1973 
work, which documented an extensive range for this species. Given the 
reproductive capabilities of crocodilians, this species should more 
properly be considered as not in danger of extinction throughout all or 
a significant portion of its vast range, but as threatened due to 
inadequately regulated harvest and commercialization. Therefore, if 
measures to better regulate its harvest and commercialization are 
successfully implemented, the yacare caiman should be able to achieve 
stable and sustainable population levels.
Similarity of Appearance
    In determining whether to treat a species as endangered or 
threatened due to similarity of appearance, the Director shall consider 
the criteria in section 4(e) of the Endangered Species Act. Section 
4(e) of the Act and criteria of 50 CFR 17.50 set forth three criteria 
in determining whether to list a species for reasons of similarity of 
appearance. These criteria apply to populations of common caiman (C. c. 
crocodilus) in South America, and the brown caiman (C. c. fuscus) in 
Mexico and Central and South America.
    The Service has intercepted numerous shipments of manufactured 
items with documents identifying them as a lawfully tradable Appendix 
II species (most often C. c. crocodilus and C. c. fuscus) and have 
determined that they are, in fact, made from yacare caiman. There have 
also been instances when products from other endangered species, such 
as M. niger, have been declared as C. c. fuscus. One reason for this is 
that many vendors, buyers and traders in South and Central America have 
deliberately misidentified yacare caiman by obtaining documents 
purporting to permit export of other Appendix II species. In addition, 
representatives of the manufacturing industry and others have indicated 
that it is a common practice in the trade to commingle skins at the 
tanning, cutting and assembly stages of the manufacturing process so 
that inadvertent commingling frequently occurs. While some affirmative 
yacare identifications can be made in manufactured products, there are 
numerous instances when proper identifications are not made and 
significant quantities of yacare are probably being imported 
unlawfully. This occurs because a positive yacare identification 
depends upon whether certain indicator patterns are present on a piece 
of skin and a large proportion of commercially useful pieces of skins 
do not bear the key patterns.
    In his comments submitted in response to the October 29, 1990, 
Federal Register notice, Mr. Brazaitis provided extensive information 
on the similarity of appearance amongst six caiman and crocodilian 
species or subspecies as they occur in manufactured products and some 
hides. He discussed in detail the indicator characteristics on live or 
whole, untanned animals for C. yacare, C. c. crocodilus, C. c. fuscus, 
C. c. apaporiensis, C. latirostris, and M. niger, the characteristics 
remaining after tanning and cutting, and how frequently similar 
characteristics found on pieces of skin preclude affirmative 
identification.
    The three criteria for listing of other caiman by similarity of 
appearance are discussed below:
    (1) The degree of difficulty enforcement personnel would have in 
distinguishing the species, at the point in question, from an 
endangered or threatened species (including those cases where the 
criteria for recognition of a species are based on geographical 
boundaries). Caiman yacare, C. c. crocodilus and C. c. fuscus 
superficially resemble each other and are difficult to distinguish, 
even for a trained herpetologist. They are distinguishable as live 
animals because of different markings and coloration in the head 
region, but manufactured products (shoes, purses, belts, or watchbands, 
etc.) are extremely difficult even for an expert to identify as to the 
species of origin (Brazaitis 1989b). Products from the three 
crocodilians cannot readily be distinguished by law enforcement 
personnel, which means that under present conditions commingled 
products from U.S. listed and unlisted species may occur in U.S. 
commerce.
    (2) The additional threat posed to the endangered or threatened 
species by loss of control occasioned because of the similarity of 
appearance.
    The inability to adequately control commerce in caiman products has 
likely allowed losses to occur to other endangered species like C. 
latirostris and M. niger. For example, the Service has records of 
leather goods manufactured from M. niger being included in product 
shipments declared as C. c. fuscus.
    Another problem occurs when unlawfully harvested yacare enter 
commerce in non-range South American countries and then are re-exported 
with documents describing the export as native caiman. Some non-yacare 
countries have ineffective controls over their caiman exports. The 
Service has intercepted a number of shipments of yacare from Colombia 
despite domestic laws that only permit the export of caiman produced 
through captive breeding programs, and despite the fact that the yacare 
does not occur in Colombia. Other caiman countries have little control 
over their domestic caiman harvests, and have exported yacare despite 
the fact that the species does not occur in their country. The proposed 
rule allows for cessation of commercial trade to the United States if 
CITES bans are imposed for failure to implement appropriate trade 
control measures.
    A secondary effect of the proposed rule may be to enhance the 
management of the three caiman species, to facilitate commerce in 
products of caiman species that can tolerate a managed commercial 
harvest, and to more effectively protect the endangered species of 
caiman or of other taxa that cannot sustain a managed commercial 
harvest.
    (3) The probability that so designating a similar species will 
substantially facilitate enforcement and further the purposes and 
policy of the Act.
    The Division of Law Enforcement presently inspects caiman shipments 
to determine the validity of the proffered Appendix II CITES documents 
and consults herpetologists to evaluate specimens when warranted. Due 
to the problems of commingling and identification, a substantial number 
of seizures, forfeitures and penalty assessments have been contested. 
Judicial decisions have affirmed the validity of the Service's 
identifications, but the expenditure of funds and resources is 
disproportionate to that devoted to other species. An earlier judicial 
forfeiture action was concluded after 6 years, a full trial, and the 
employment, by both parties, of several expert witnesses. One of the 
purposes of this proposed rule is to shift the inquiry from one of 
evaluating a particular shipment, to one of supporting the 
effectiveness of the CITES crocodilian skin control system and the 
effectiveness of yacare management programs in countries of origin and 
re-export, thereby enhancing the

[[Page 50858]]

management of the species while permitting other allocations of 
enforcement resources.
    The improved management of trade should enhance the conservation 
status of each species, and the proposed listing action and the 
proposed special rule should help CITES Parties control the illegal 
trade in caiman skins, products, and parts.
    Processing of this proposed rule conforms with the Service's 
Listing Priority Guidance for Fiscal Years 1998 and 1999, published on 
May 8, 1998 (63 FR 25502). The guidance clarifies the order in which 
the Service will process rulemakings giving highest priority (Tier 1) 
to processing emergency rules to add species to the Lists of Endangered 
and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to 
processing final determinations on proposals to add species to the 
Lists; processing new proposals to add species to the Lists; processing 
administrative findings on petitions (to add species to the Lists, 
delist species, or reclassify listed species), and processing a limited 
number of proposed or final rules to delist or reclassify species; and 
third priority (Tier 3) to processing proposed or final rules 
designating critical habitat. Processing of this proposed rule is a 
Tier 2 action.
Available Conservation Measures
    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition of the degree of 
endangerment, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing encourages and 
results in conservation actions by Federal, State, private agencies and 
groups, and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or on 
the high seas, with respect to any species that is proposed to be 
listed or listed as endangered or threatened and with respect to its 
proposed or designated critical habitat, if any is being designated. No 
critical habitat is being proposed for designation with this proposed 
rule.
    With respect to C. yacare, no Federal activities, other than the 
issuance of CITES export permits, are known that would require 
conferral or consultation.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered species in foreign countries. 
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage 
conservation programs for foreign endangered species, and to provide 
assistance for such programs, in the form of personnel and the training 
of personnel.
    Sections 4(d) and 9 of the Act, and implementing regulations found 
at 50 CFR 17.31, (which incorporate certain provisions of 50 CFR 
17.21), set forth a series of prohibitions and exceptions that 
generally apply to all threatened wildlife. These prohibitions, in 
part, make it illegal for any person subject to the jurisdiction of the 
United States to take (within U.S. territory or on the high seas), 
import or export, ship in interstate commerce in the course of a 
commercial activity, or sell or offer for sale in interstate or foreign 
commerce any listed species. It also is illegal to possess, sell, 
deliver, carry, transport, or ship any such wildlife that has been 
taken illegally. Certain exceptions apply to agents of the Service and 
State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving threatened wildlife species under certain circumstances. 
Regulations governing permits are codified at 50 CFR 17.32. With regard 
to threatened wildlife, a permit may be issued for the following 
purposes: scientific, enhancement of propagation or survival, economic 
hardship, zoological exhibition or educational purposes, incidental 
taking, or special purposes consistent with the Act. All such permits 
must also be consistent with the purposes and policy of the Act as 
required by section 10(d). Such a permit shall be governed by the 
provisions of section 17.32 unless a special rule applicable to the 
wildlife (appearing in sections 17.40 to 17.48) provides otherwise.
    Threatened species are generally covered by all prohibitions 
applicable to endangered species, under section 4(d) of the Act. The 
Secretary, however, may propose special rules if deemed necessary and 
advisable to provide for the conservation of the species. The special 
rule proposed here for Sec. 17.42 would allow commercial importation 
into the United States of certain farm-reared, ranch-reared, and wild-
collected specimens of threatened caiman species (which are listed in 
CITES Appendix II). Importation could be restricted from a particular 
country of origin or re-export if that country is not complying with 
the CITES tagging resolution, or if that country has been singled out 
for a recommended suspension of trade by the CITES Standing Committee 
or Secretariat. Interstate commerce within the United States in caiman 
parts and reexport will utilize CITES Appendix II documents and will 
not require additional U.S. threatened species permits.
Effects of the Proposed Rule
    This proposed rule, if finalized, would revise Sec. 17.11(h) to 
reclassify the yacare from endangered to threatened, so that the 
regulations specifically pertaining to threatened species (50 CFR 
17.31, 17.32, 17.51 and 17.52) would apply to it. The Apaporis River 
caiman (C. c. apaporiensis), the black caiman (M. niger), and the 
broad-snouted caiman (C. latirostris) will retain their endangered 
status under the Act. C. c. crocodilus and C. c. fuscus including C. c. 
chiapasius would be listed as threatened by reason of similarity in 
appearance.
    Consistent with the requirement of sections 3(3) and 4(d) of the 
Act, this proposed rule also contains a special rule that would amend 
50 CFR 17.42 to allow for the commercial importation, under the certain 
conditions, of whole and partial skins, other parts and finished 
products thereof of populations of yacare without a threatened species 
import permit otherwise required by 50 CFR part 17, if all requirements 
of the special rule are met and if proper CITES export permits or re-
export certificates accompany the shipments.
    The proposed reclassification to ``threatened'' and accompanying 
special rule that would allow commercial trade into the United States 
without endangered species import permits does not end protection for 
the yacare, which will remain on Appendix II of CITES. Furthermore, the 
special rule is proposed to complement the CITES resolution on 
universal tagging of crocodilian skins by allowing imports only from 
those range countries properly managing this species and controlling 
exports, and only from those intermediary countries properly 
implementing the tagging resolution. This special rule is proposed 
because most yacare would enter the United States as finished products 
that are largely indistinguishable from products from other caiman 
taxa; thus, measures to discourage commingling of illegal caiman 
specimens in the manufacturing process should be implemented in the 
countries of re-export and manufacture.
Effects of the Proposed Special Rule
    The proposed special rule will only allow importation into the 
United States of caiman products from countries effectively 
implementing the

[[Page 50859]]

crocodilian tagging resolution of CITES, and only from countries that 
have not been singled out by the CITES Parties for inadequate 
implementation of the CITES Convention. The intent of this proposed 
special rule is to support those countries properly managing caimans 
and to provide encouragement through open markets to range countries to 
develop and maintain sufficient management so they can compete in the 
caiman market of the United States.
    The degree of endangerment of the many crocodilian species varies 
by species and specific populations. Some caiman species are listed on 
Appendix I of CITES, and the remaining species and populations are 
included in Appendix II. Some species are listed as endangered on the 
U.S. List of Endangered and Threatened Wildlife, while other species 
are not included. In addition, actions have been taken by several 
countries to protect their wild populations but allow trade in 
specimens bred or raised in captivity under appropriate management 
programs.
    Thus, trade in specimens from some properly managed populations is 
not detrimental to the wild population, and commercial trade is allowed 
under CITES with proper export permits from certain countries of origin 
and intermediary or re-exporting countries. The Service's concern has 
been that trade in non-endangered species has in the past provided the 
opportunity for specimens of the endangered or threatened species or 
populations to be commingled with legal trade, especially during the 
manufacturing process. Numerous U.S. law enforcement actions as well as 
past actions by the CITES Parties attest to this concern. The 
underlying premise behind this special rule is that the current 
management systems in some range countries of the yacare are being 
sufficiently sustained or managed through ranching or captive breeding 
programs to support controlled commercial use. The key risk to these 
populations, as well as other similar-appearing crocodilians, is 
inadequate controls in countries of re-export, especially in those 
countries in which manufacturing occurs.
    The CITES Parties have adopted and are implementing provisions of a 
universal tagging system for crocodilian skins, and the Service 
supports these efforts, including the most recent clarifications of the 
resolution resulting from the Animals Committee meeting held in 
September 1996. Furthermore, at the CITES meeting of the Conference of 
the Parties in Zimbabwe in 1997, the CITES Secretariat reported that to 
its knowledge all range countries were effectively implementing the 
universal tagging resolution. Adherence to the CITES tagging 
requirements should reduce the potential for substitution of illegal 
skins and reduce the trade control problems with the similarity of 
appearance of skins and products among different species of 
crocodilians. Further, this special rule contains other steps designed 
to restrict or prohibit trade from countries that are not effectively 
implementing the tagging resolution and thus to ensure that the United 
States does not become a market for illegal trade in crocodilian 
species and to encourage other nations to control illegal trade.
    In summary, the proposed special rule allowing trade in yacare 
specimens should provide incentives to maintain wild populations, as 
well as encourage all countries involved in commerce in crocodilian 
species to guard against illegal trade.
    The United States will not allow the commercial import of skins, 
products, and parts of CITES Appendix I crocodilian taxa or of 
crocodilians listed as endangered under the Act, and will require 
appropriate CITES permits or permits under the Act for non-commercial 
imports of these species.
    Allowing the commercial import of specimens from properly managed 
yacare populations is expected to benefit the conservation of wild 
populations. Furthermore, the proposed special rule would complement 
the CITES tagging requirements and would help ensure that only legally 
taken specimens are traded, and thus benefiting the conservation of the 
species.
Description of the Proposed Special Rule
    The intent of the proposed special rule is to enhance the 
conservation of the yacare and the other endangered and threatened 
caiman species through support for properly designed and implemented 
programs for yacare and for enforcement of tagging requirements in the 
countries of origin and re-export.
    Furthermore, as discussed earlier in this rule, the Service is 
concerned about: (1) the illegal harvest and inadequate trade controls 
for those caiman species, including the yacare, on Appendix II of 
CITES; (2) the commingling and misidentification of legal and illegal 
skins in intermediary trading, processing, and manufacturing countries; 
and (3) the sustainable management of the yacare in those countries 
allowing a legal harvest.
    The proposed special rule is intended to support proper 
implementation of the tagging resolution by restricting or prohibiting 
importation of caiman skins and products from countries that are not 
effectively implementing the CITES tagging resolution. Therefore, the 
United States will not allow the import of CITES Appendix II caiman if 
the countries of origin or the countries of manufacture or re-export 
are not effectively implementing the CITES tagging resolution 
including, but not limited to, the use of properly marked tamper-proof 
tags on all skins and both halves of chalecos and on transparent parts 
containers, with the same information that is on the tags also 
appearing on the permit, an effective administrative system for 
matching imports and re-exports; or have failed to designate Management 
Authority or Scientific Authorities; or have been identified by the 
Conference of the Parties to the Convention, the Convention's Standing 
Committee or in a Notification from the Secretariat as a country from 
which Parties should not accept permits.
    The proposed special rule is intended to complement and strengthen 
the universal crocodilian tagging system in the CITES resolution 
adopted at the 1994 Fort Lauderdale meeting (COP9). Proper 
implementation of the CITES tagging system will represent a significant 
step towards eliminating misidentification of skins. Measures to reduce 
commingling within the countries of manufacture include effective 
inspection of shipments to determine if the CITES country-of-origin tag 
is intact for skin imports and exports and implementation of an 
effective administrative system for tracking skins and pieces through 
intermediary countries.
    This special rule is proposed with the goal of ensuring adequate 
control in the manufacturing countries to deter intermingling of the 
protected species of caiman, as well as the endangered populations of 
other crocodilians, without imposing the overburdensome requirement of 
tracking each piece through the production process, and recording all 
incoming tag numbers of the re-exporting permit for products.
    It is the Service's understanding that Brazil is allowing the 
export of yacare specimens from ranches and that the egg harvest 
program is conservative and/or that periodic populations indices are 
obtained. If Brazil limits the exports of yacare to those approved 
facilities and does not allow export of wild-harvested specimens, the 
United States will restrict import to those specimens from the approved 
facilities and will judge any intermediary country accepting 
unauthorized skins as a country not effectively implementing the 
tagging

[[Page 50860]]

resolution and will prohibit/restrict parts and products from that 
country.
    Commerce with the United States in caiman products, if the proposed 
special rule is adopted as final at the conclusion of the regulatory 
process, will only be allowed with those exporting or re-exporting 
countries provided that the specimens are properly tagged and 
accompanied by proper CITES documents and the countries are effectively 
implementing the CITES tagging resolution and have designated CITES 
Management and Scientific Authorities, and the countries are not 
subject to a Schedule III Notice of Information. In a limited number of 
situations where the original tags from the country of export have been 
lost in processing the skins, whole skins, flanks, and chalecos will be 
allowed into the United States if CITES-approved re-export tags have 
been attached in the same manner as the original tags, and provided 
proper re-export certificates accompany the shipment. If a shipment 
contains more than 25 percent replacement tags the re-exporting country 
must consult with the U.S. Office of Management Authority prior to 
clearance of the shipment, and such shipments may be seized, if the 
Service cannot determine that the requirements of the tagging 
resolution have been observed.
    In the case where tagged caiman skins are exported to a second 
country, for manufacturing purposes, and the finished products are re-
exported to the United States, then neither the country of origin nor 
the country of re-export can be subject to Schedule III Notice of 
Information based on the criteria described in the special rule if 
imports are to be allowed. The Service will initially presume that 
intermediary countries are effectively implementing the tagging 
resolution, but the special rule has provisions to impose bans if 
convincing evidence to the contrary is presented.
    The U.S. Management Authority will provide on request the list of 
those countries subject to a Schedule III Notice of Information to 
those manufacturers in the country of re-export and to importers so 
that they may be advised of restrictions on yacare skins, products, and 
parts that can be utilized in products intended for U.S. commerce. The 
Management Authority of the country of manufacture should ensure that 
re-export certificates provided for manufactured goods, intended for 
the United States, are not for products and re-exports derived from 
countries subject to a Schedule III Notice of Information. Commerce in 
finished products from a re-export country, in compliance with these 
rules, would be allowed with only the required CITES documentation and 
without an endangered or threatened species permit for individual 
shipments otherwise required under 50 CFR part 17.
    Many parts of the proposed rule are modeled after the special rule 
for the saltwater and Nile crocodiles published in the Federal Register 
(61 FR 32356; June 24, 1996), including provisions for implementation 
of the CITES universal tagging system. The special rule for the 
saltwater and Nile crocodiles may be merged with the special rule for 
the yacare when the final special rule is promulgated.
    This proposed special rule allows trade through intermediary 
countries. Countries are not considered as intermediary countries or 
countries of re-export if the specimens remain in Customs control while 
transiting or being transshipped through the country and provided those 
specimens have not entered into the commerce of that country. However, 
the tagging resolution presupposes a system for monitoring skins be 
implemented by the countries of re-export.
    Furthermore, this special rule is written to allow the Service to 
respond quickly to changing situations that result in lessened 
protection to crocodilians. Thus, the criteria described in the special 
rule establish specific, non-discretionary bases for determining 
whether CITES provisions are being effectively implemented. Therefore, 
approval can be denied and imports into the United States can be 
prohibited from any country that fails to comply with the requirements 
of the special rule simply by the publication of such notice in the 
Federal Register. Denial for subjective and discretionary reasons may 
require proper notice and comment before implementing action can be 
taken.
    In a separate rule-making proposal, amending 50 CFR part 23, the 
Service will propose implementation of the CITES tagging system for all 
crocodilians. The rule proposed here will adopt the CITES-approved tags 
as the required tag for all caiman skins, including chalecos and 
flanks, being imported into or exported from any re-exporting country 
if the skin is eventually imported into the United States. For the 
reasons noted above, the Service finds that the proposed special rule 
for caiman species, including the yacare, includes all of the 
protection that is necessary and advisable to provide for the 
conservation of such species.
Public Comments Solicited
    The Service intends that any action resulting from this proposal be 
as effective as possible. Therefore, any comments or suggestions from 
the public, other concerned governmental agencies, the scientific 
community, the trade industry, or any other interested party concerning 
any aspect of this proposal are hereby solicited. Comments are 
particularly sought concerning biological or commercial trade impacts 
on any caiman population, or other relevant data concerning any threat 
(or lack thereof) to the wild populations of caimans in Mexico and 
Central and South America. Comments are also solicited on the question 
of whether the listing of common caiman and brown caiman as threatened 
by reason of similarity of appearance and the provisions of the special 
rule will provide adequate protection to the yacare. Also, the Service 
solicits comments as to whether the allowance of trade in yacare will 
overstimulate the trade in other Caiman species thereby having a 
detrimental effect on caiman populations that may not be properly 
managed.
    Final action on the proposed reclassification of the yacare, the 
classification of the common and brown caiman, and the promulgation of 
the special rule will take into consideration the comments and any 
additional information received by the Service. Such communications may 
lead to adoption of final regulations that differ from those in the 
proposed rule.

National Environmental Policy Act

    The Service has determined that Environmental Assessments and 
Environmental Impact Statements, as defined under the authority of the 
National Environmental Policy Act of 1969, need not be prepared in 
connection with regulations adopted pursuant to section 4(a) of the Act 
of 1973, as amended. A notice outlining the Service's reasons for this 
determination was published in the Federal Register on October 25, 1983 
(48 FR 49244).

Regulatory Determinations

    The Service invites comments on the anticipated direct and indirect 
costs and benefits or cost savings associated with this proposed 
special rule, for yacar caiman. In particular, we are interested in 
obtaining information on any significant economic impact of the 
proposed rule on small public and private entities. Once we have 
reviewed the available information, we will determine whether we need 
to prepare

[[Page 50861]]

an initial regulatory flexibility analysis for the special rule. We 
will make any such analysis or determination available for public 
review. Then, we will revise, as appropriate, and incorporate the 
information in the final rule preamble and in the record of compliance 
(ROC) certifying that the special rule complies with the various 
applicable statutory, Executive Order, and Departmental Manual 
requirements. Under the criteria in Executive Order 12866, neither the 
proposed downlisting from endangered to threatend nor the special rule 
are significant regulatory actions subject to review by the Office of 
Management and Budget.

References Cited

Amato, G. D. 1992. Expert Report. Yale University, New Haven, CT. 6 
pp. Unpublished report.
Brazaitis, P. 1989a. The caiman of the Pantanal: Past, present, and 
future, pp. 119-124, in Crocodiles. Proceedings of the 8th Working 
Meeting of the Crocodile Specialist Group. IUCN, Gland, Switzerland. 
204 pp.
Brazaitis, P. 1989b. The forensic identification of crocodilian 
hides and products, pp. 17-43, in Crocodiles: Their ecology, 
management and conservation. IUCN, Gland, Switzerland.
Brazaitis, P., R. Madden, G. Amato, G. Rabelo, C. Yamashita, and M. 
Watanabe. 1997a. The South American and Central American caiman 
(Caiman) complex. Unpublished report. 62 pp.
Brazaitis, P., C. Yamashita, and G. Rebelo. 1988. CITES central 
South American caiman study: Phase I-central and southern Brazil. 62 
pp.
Brazaitis, P., C. Yamashita, and G. Rebelo. 1990. A summary report 
of the CITES central South American caiman study: Phase I: Brazil, 
pp. 100-115, in Crocodiles. Proceedings of the 9th Working Meeting 
of the Crocodile Specialist Group. Vol. I. IUCN, Gland, Switzerland. 
300 pp.
Brazaitis, P., G. Amato, G. Rebelo, C. Yamashita, and J. Gatesy. 
1993. Report to CITES on the biochemical systematics study of Yacare 
caiman, Caiman yacare, of central South America. Unpublished report. 
43 pp.
Brazaitis, P., R. Madden, G. Amato, and M. Watanabe. 1997b. 
Morphological characteristics, statistics, and DNA evidence used to 
identify closely related crocodilian species for wildlife law 
enforcement. Presented at annual meeting of the American Academy of 
Forensic Sciences. New York City, NY. Abstract.
Busack, S. D., and S. S. Pandya. 1996. Presented at 76th annual 
meeting of the American Society of Ichthyologists and 
Herpetologists. New Orleans, LA. Abstract.
Fitch, H., and M. Nadeau. 1979. An assessment of Caiman latirostris 
and Caiman crocodilus yacare in northern Argentina. Unpublished 
progress report to World Wildlife Fund-U.S., U.S. Fish and Wildlife 
Service, and New York Zoological Society. 7 pp.
Groombridge, B. 1982. The IUCN Amphibia-Reptilia red data book. Part 
I: Testudines, Crocodylia, Rhynchocephalia. IUCN, Gland, 
Switzerland. 426 pp.
King, F. W., and Burke, R. L. 1989. Crocodilian, tuatara, and turtle 
species of the world: A taxonomic and geographic reference. 
Association of Systematic Collections, Washington, D.C.
King, F. W., and D. H. Videz-Roca. 1989. The caimans of Bolivia: A 
preliminary report on a CITES and Centro Desarrollo Forestal 
sponsored survey of species distribution and status, pp. 128-155, in 
Crocodiles. Proceedings of the 8th Working Meeting of the Crocodile 
Specialist Group. IUCN, Gland, Switzerland. 204 pp.
King, F. W., A. L. Aquino, N. J. Scott, Jr., and R. Palacios. 1994. 
Status of the crocodiles of Paraguay: Results of the 1993 monitoring 
surveys. Report from Biodiversity Services, Inc., to Paraguay's 
Ministerio de Agricultura y Ganaderia and the Secretariat of the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). 39 pp.
Scott, N. J., A. L. Aquino, and L. A. Fitzgerald. 1988. 
Distribution, habitats, and conservation of the caiman 
(Alligatoridae) of Paraguay. Unpublished report to the CITES 
Secretariat, Lausanne, Switzerland. 30 pp.
Scott, N. J., A. L. Aquino, and L. A. Fitzgerald. 1990. 
Distribution, habitats and conservation of the caimans 
(Alligatoridae) of Paraguay. Vida Silvestre Neotropical, 43-51.

Authors

    The primary author of this proposed rule is the Office of 
Scientific Authority, U.S. Fish and Wildlife Service, Washington, D.C. 
20240 (703-358-1708 or FTS 921-1708).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
Recordkeeping requirements, Transportation.

Proposed Regulations Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 17-- [AMENDED]

    1. The authority citation for Part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec. 17.11(h) by revising the current entry for the yacare 
caiman and by adding entries for the brown and the common caimans under 
``Reptiles'' on the List of Endangered and Threatened Wildlife to read 
as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Reptiles
                   *                  *                  *                  *                  *                  *                  *
Caiman, brown....................  Caiman crocodilus     Mexico, Central      Entire.............  T(S/A)                 ____           NA     17.42(g)
                                    fuscus (includes      America, Colombia,
                                    Caiman crocodilus     Ecuador,
                                    chiapasius).          Venezuela, Peru.
                   *                  *                  *                  *                  *                  *                  *
Caiman, common...................  Caiman crocodilus     Brazil, Colombia,    Entire.............  T(S/A)                 ____           NA     17.42(g)
                                    crocodilus.           Ecuador French
                                                          Guiana, Guyana,
                                                          Surinam,
                                                          Venezuela,
                                                          Bolivia, Peru.

[[Page 50862]]

                   *                  *                  *                  *                  *                  *                  *
Caiman, yacare...................  Caiman yacare.......  Argentina, Bolivia,  Entire.............  T                    3,____          N/A     17.42(g)
                                                          Brazil, Paraguay.
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Section 17.42 is amended by adding a new paragraph (g) as 
follows:


Sec. 17.42  Special rules--reptiles.

* * * * *
    (g) Threatened Caiman. This paragraph applies to the following 
species: Yacare caiman (Caiman yacare), the common caiman (Caiman 
crocodilus crocodilus), and the brown caiman (Caiman crocodilus fuscus 
including Caiman crocodilus chiapasius). These taxa will be 
collectively referred to as ``caiman.''
    (1) Definitions of terms for purposes of this paragraph (g).
    (i) Caiman skin means whole or partial skins, flanks, bellies or 
chalecos (whether salted, crusted, tanned or partially tanned or 
otherwise processed).
    (ii) Caiman product means fully manufactured products (including 
curios), which are ready for retail sale without further processing or 
manufacture and which are composed, totally or in part, of yacare 
caiman, brown caiman or common caiman.
    (iii) Caiman parts means body parts with or without skin attached 
(including tails, throats, feet, and other parts, except skulls) and 
small cut skins pieces.
    (iv) Country of re-export means those intermediary countries that 
import and re-export caiman skins, parts and/or products, except that 
those countries through which caiman skins, parts and/or products are 
transshipped while remaining under Customs control will not be 
considered to be a country of re-export.
    (v) Tagging resolution means the CITES resolution entitled 
``Universal Tagging System for the Identification of Crocodilian 
Skins'' and numbered Conf. 9.22 and any subsequent revisions.
    (2) Prohibitions. The following prohibitions shall apply to yacare 
caiman (Caiman yacare), the common caiman (Caiman crocodilus 
crocodilus) and the brown caiman (Caiman crocodilus fuscus including 
Caiman crocodilus chiapasius):
    (i) Import, export, and re-export. Except as provided in paragraph 
(g)(3) of this section it is unlawful to import, export, re-export, or 
present for export or re-export any caiman or their skins, other parts 
or products, without valid permits required under 50 CFR parts 17 and 
23.
    (ii) Commercial activity. Except as provided in paragraph (g)(3) of 
this section, it is unlawful, in the course of a commercial activity, 
to sell or offer for sale, deliver, receive, carry, transport, or ship 
in interstate or foreign commerce any caiman, caiman skins or other 
parts or products.
    (iii) It is unlawful for any person subject to the jurisdiction of 
the United States to commit, attempt to commit, solicit to commit, or 
cause to be committed any acts described in paragraphs (g)(2)(i)-(ii) 
of this section.
    (3) General exceptions. The import, export, or re-export of, or 
interstate or foreign commerce in caiman skins, meat, skulls and other 
parts or products may be allowed without a threatened species permit 
issued pursuant to 50 CFR 17.32 when the provisions in 50 CFR parts 13, 
14, and 23, and the requirements of the applicable paragraphs set out 
below have been met.
    (i) Import, export, or re-export of caiman skins and parts. The 
import, export, or re-export into/from the United States of caiman 
skins and parts must meet the following conditions:
    (A) All caiman parts must be in a transparent, sealed container, 
and each container imported into or presented for export or re-export 
from the United States:
    (1) Must have a parts tag attached in such a way that opening of 
the container will preclude reuse of an undamaged tag;
    (2) This parts tag must contain a description of the contents and 
total weight of the container and its contents; and
    (3) This parts tag must reference the number of the CITES permit 
issued to allow the export or re-export of the container.
    (B) Each caiman skin imported into or presented for export or re-
export from the United States after the effective date of the final 
rule must bear: either an intact, uncut tag from the country of origin 
meeting all the requirements of the CITES tagging resolution, or an 
intact, uncut tag from the country of re-export where the original tags 
have been lost or removed from raw, tanned, and/or finished skins. The 
replacement tags must meet all the requirements of the CITES tagging 
resolution, except showing the country of re-export in place of the 
country of origin, provided those re-exporting countries have 
implemented an administrative system for the effective matching of 
imports and re-exports consistent with the tagging resolution. If a 
shipment contains more than 25 percent replacement tags, the re-
exporting country must consult with the U.S. Office of Management 
Authority prior to clearance of the shipment, and such shipments may be 
seized if the Service determines that the requirements of the tagging 
resolution have not been observed;
    (C) The same information that is on the tags must be given on the 
export permit for all skins or re-export certificate for whole skins 
including chalecos, which will be considered an integral part of the 
document, carry the same permit or certificate number, and be validated 
by the government authority designated by the CITES document-issuing 
authority;
    (D) The Convention permit or certificate must contain the following 
information:
    (1) The country of origin, its export permit number, and date of 
issuance;
    (2) If re-export, the country of re-export, its certificate number, 
and date of issuance; and
    (3) If applicable, the country of last re-export, its certificate 
number, and date of issuance;
    (E) The country of origin and any intermediary country(s) must be 
effectively implementing the tagging resolution for this exception to 
apply. If the Service receives persuasive information from the CITES 
Secretariat or other reliable sources that the tagging resolution is 
not being effectively implemented by a specific country, the Service 
will prohibit or restrict imports from such country(s) as appropriate 
for the conservation of the species.
    (F) At the time of import, for each shipment covered by this 
exception, the country of origin and each country of re-export involved 
in the trade of a

[[Page 50863]]

particular shipment must not be subject to a Schedule III Notice of 
Information pertaining to all wildlife or any members of the Order 
Crocodylia that may prohibit or restrict imports. A listing of all 
countries that are subject to such a Schedule III Notice of Information 
will be available by writing: The Office of Management Authority, U.S. 
Fish and Wildlife Service, ARLSQ Room 700, 4401 N. Fairfax Drive, 
Arlington, Virginia 22203.
    (ii) Import, export, or re-export of caiman products. Import, 
export, or re-export into or from the United States of caiman products 
will be allowed without permits required by 50 CFR 17 provided the 
following conditions are met:
    (A) The Convention permit or certificate must contain the following 
information:
    (1) The country of origin, its export permit number, and date of 
issuance;
    (2) If re-export, the country of re-export, its certificate number, 
and date of issuance; and
    (3) If applicable, the country of previous re-export, its 
certificate number, and date of issuance.
    (B) The country of origin and any intermediary country(s) must be 
effectively implementing the tagging resolution for this exception to 
apply. If the Service receives persuasive information from the CITES 
Secretariat or other reliable sources that the tagging resolution is 
not being effectively implemented by a specific country, the Service 
will prohibit or restrict imports from such countries as appropriate 
for the conservation of the species.
    (C) At the time of import, for each shipment covered by this 
exception, the country of origin and each country of re-export involved 
in the trade of a particular shipment must not be subject to a Schedule 
III Notice of Information pertaining to all wildlife or any member of 
the Order Crocodylia that may prohibit or restrict imports. A listing 
of all countries that are subject to such a Schedule III Notice of 
Information will be available by writing: The Office of Management 
Authority, ARLSQ Room 700, 4401 N. Fairfax Drive, U.S. Fish and 
Wildlife Service, Arlington, Virginia, 22203.
    (iii) Shipment of eggs, skulls, processed meat, and scientific 
specimens. The import/re-export into/from the United States of eggs, 
skulls, processed meat, and scientific specimens of yacare caiman, 
common caiman, and brown caiman will be allowed without permits 
otherwise required by 50 CFR 17, provided the requirements of 50 CFR 
part 23 are met.
    (iv) Noncommercial accompanying baggage. The conditions of 
paragraphs (g)(3)(i) and (ii) for skins tagged in accordance with the 
tagging resolution, skulls, meat, other parts, and products made of 
specimens of yacare caiman, common caiman and brown caiman do not apply 
to noncommercial accompanying personal baggage or household effects 
unless the country from which the specimens were taken requires export 
permits as per 50 CFR 23.13(d).
    (4) Notice of Information. Except in rare cases involving 
extenuating circumstances that do not adversely affect the conservation 
of the species, the Service will issue a Schedule III Notice of 
Information banning or restricting trade in specimens of caiman 
addressed in this paragraph (g) if any of the following criteria are 
met:
    (i) The country is listed in a Notification to the Parties by the 
CITES Secretariat as lacking designated Management and Scientific 
Authorities that issue CITES documents or their equivalent.
    (ii) The country is identified in any action adopted by the 
Conference of the Parties to the Convention, the Convention's Standing 
Committee, or in a Notification issued by the CITES Secretariat, 
whereby Parties are asked to not accept shipments of specimens of any 
CITES-listed species from the country in question or of any crocodilian 
species listed in the CITES appendices.
    (iii) The Service determines, based on information from the CITES 
Secretariat or other reliable sources, that the country is not 
effectively implementing the tagging resolution.

    Dated: August 14, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife Parks.
[FR Doc. 98-25266 Filed 9-22-98; 8:45 am]
BILLING CODE 4310-55-P