[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4008]
[[Page Unknown]]
[Federal Register: February 24, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Pelly Amendment to the Fishermen's Protective Act; Request for
Certification of the People's Republic of China and Taiwan;
Conservation of Endangered Species Subject to Illegal International
Trade
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: On November 8, 1993, the Department of the Interior received a
``petition'' to certify the People's Republic of China and Taiwan under
the Pelly Amendment to the Fishermen's Protective Act for undermining
the effectiveness of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES, or the Convention).
The U.S. Fish and Wildlife Service (Service) is the agency responsible
for the implementation of CITES in the United States. The request
alleged unlawful international trade by nationals of the People's
Republic of China and Taiwan, in the following species: Asiatic black
bears, Asian brown bears, Malayan sun bears, sloth bears, clouded
leopards, leopards, snow leopards, gibbons, and orangutans. The
People's Republic of China and Taiwan were previously certified by the
Secretary of the Interior under the Pelly Amendment on September 7,
1993 for undermining the effectiveness of CITES for trade in rhinoceros
and tiger parts and products. This notice requests comments and
information from the public on the following: the international trade
in Asiatic black bears, Asian brown bears, Malayan sun bears, sloth
bears, clouded leopards, leopards, snow leopards, gibbons, and
orangutans, particularly involving the People's Republic of China and
Taiwan; the conservation status of these species in the wild; the
effect of illegal trade on their populations; whether or not actions of
nationals of the People's Republic of China and/or Taiwan are
undermining the effectiveness of CITES; and any illegal trade in these
species by nationals of other countries or entities. This information
will be utilized by the Service in determining whether the existing
certification should be amended to cover these additional species.
DATES: The Fish and Wildlife Service will consider written information
and comments on these issues received by April 25, 1994.
ADDRESSES: Comments should be sent to the Director, U.S. Fish and
Wildlife Service, c/o Chief, Office of Management Authority, 4401 N.
Fairfax Drive, room 420C, Arlington, VA 22203.
SUPPLEMENTARY INFORMATION:
Background
On November 8, 1993, the Department of the Interior received a
``petition'' to certify the People's Republic of China and Taiwan under
the Pelly Amendment to the Fishermen's Protective Act for undermining
the effectiveness of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES). The U.S. Fish and
Wildlife Service (Service) is the agency responsible for the
implementation of CITES in the United States. Both the People's
Republic of China and Taiwan were previously certified by the Secretary
under the Pelly Amendment on September 7, 1993 for undermining the
effectiveness of CITES for trade in rhinoceros and tiger parts and
products. The November 8, 1993 letter requesting certification was
submitted by the following organizations: Environmental Investigation
Agency, Earth Island Institute, Animal Welfare Institute, Society for
Animal Protective Legislation, Defenders of Wildlife, International
Primate Protection League, and World Society for the Protection of
Animals. The letter provided information on the alleged illegal
international trade by nationals of the People's Republic of China and
Taiwan in the following species: Asiatic black bears, Asian brown
bears, Malayan sun bears, sloth bears, clouded leopards, leopards, snow
leopards, gibbons, and orangutans. Although the November 8 letter
focusses on the certification of China and Taiwan, international trade
in other countries with respect to these species is also alleged in the
materials appended to the letter. Public comment is requested on the
international trade in each of these species, including, but not
limited to, trade by nationals of the People's Republic of China,
Taiwan, and other countries mentioned in the appended materials.
The Service has reviewed and analyzed this supplemental data, in
combination with other information in the Service's files on trade in
the species mentioned in the November 8 letter (Asiatic black bears,
Asian brown bears, Malayan sun bears, sloth bears, clouded leopards,
leopards, snow leopards, gibbons, and orangutans). All of the species
mentioned in the letter are listed in CITES Appendix I, and are
therefore considered to be species threatened with extinction which are
or may be affected by trade, among other factors. Because the species
are listed in Appendix I, any primarily commercial trade in these
species is generally in violation of the Convention. The letter
provided information to support the allegation that illegal trade is
continuing in specimens of these species, particularly involving
nationals of the People's Republic of China and Taiwan.
The Service is aware that habitat loss and fragmentation is a major
factor threatening these and many other endangered species. In
addition, and in the context of the Pelly Amendment, the supplemental
information alleges that these species are also threatened with
extinction by international trade, either as live animals or as parts
and products. All of these species have declined significantly in
recent years, with some populations entirely extirpated and others on
the verge of extinction. The November 8 letter provides detailed
information on both the internal and international trade in parts and
products of these species, involving nationals of both the People's
Republic of China and Taiwan. The letter provides information alleging
that these species are threatened with extinction by the following
types of international trade, either as live animals or as parts and
products:
Bears: Asian brown bears (Ursus arctos), Asiatic black bears
(Selenarctos thibetanus), Malayan sun bears (Helarctos malayanus),
sloth bears (Melursus ursinus): The trade in their gall bladders and
extracted bile for use in traditional Chinese medicines is a major
threat to the survival of these bear species, combined with the trade
in paws, liver, fat, and meat as a gourmet delicacy. Malayan sun bears
are believed to be traded as pets as well.
Leopards: Clouded leopards (Neofelis nebulosa) are poached and
traded illegally mostly for their skins, although some use in
traditional Chinese medicine is reported. Leopards (Panthera pardus),
particularly the Amur leopard (Panthera p. orientalis), and snow
leopards (Panthera uncia), are poached and traded illegally for their
skin, bones, and other parts; their bones are used for the Chinese
medicinal market. Supplemental information is provided on both the
internal and international trade in leopard parts and products,
involving nationals of both the People's Republic of China and Taiwan.
Primates: Gibbons (Hylobates spp.) are traded illegally mostly as
pets, particularly to Taiwan. Limited supplemental information is
provided on the trade in gibbons for traditional medicine markets as
well. Orangutans (Pongo pygmaeus) are traded illegally as pets,
particularly to Taiwan. The information included in the November 8
letter does not explain the degree to which the alleged biological
injury posed to these CITES species is properly attributable to trade.
Public comment is specifically sought on the existence of a causal
connection between trade and alleged adverse effects posed to the CITES
species discussed in the November 8 letter.
Summary of Previous Pelly Amendment Certification of the People's
Republic of China and Taiwan
On September 7, 1993, Secretary of the Interior Bruce Babbitt
determined that nationals of the People's Republic of China and Taiwan
are engaging in trade in rhinoceros and tiger parts and products that
diminishes the effectiveness of CITES, and so notified the President of
the United States. That determination constituted a certification under
the Pelly Amendment to the Fishermen's Protective Act of 1967, 22
U.S.C. 1978(a)(2), which provides that the Secretary of the Interior
shall make a certification to the President if he determines that
nationals of a foreign country, directly or indirectly, are engaged in
trade or taking which diminishes the effectiveness of any international
program for the conservation of endangered or threatened species; CITES
is such a program. Secretary Babbitt announced this certification at
the thirtieth meeting of the CITES Standing Committee, in Brussels,
Belgium September 6-8, 1993; staff of the Service's Office of
Management Authority (OMA) also participated in the meeting. The
Standing Committee made several recommendations to both the People's
Republic of China and Taiwan on eliminating the illegal trade in both
rhinoceroses and tigers. In response to the Secretary of the Interior's
certification, the Standing Committee recommendations, and after
bilateral discussions with both China and Taiwan, and careful
deliberation and evaluation, on November 5, 1993 the President:
Reported to Congress on the certification; made several recommendations
to both the People's Republic of China and Taiwan; and required that
unless measurable, verifiable, and substantial progress is made by
March, 1994, import prohibitions on trade with both governments would
be necessary, as recommended by the CITES Standing Committee. Since
that time, two CITES missions have visited both the People's Republic
of China and Taiwan, and bilateral meetings have taken place. A U.S.
government technical assistance mission from the Departments of
Interior and Justice will visit both the People's Republic of China and
Taiwan in late February-early March. An evaluation of progress and a
preliminary decision on possible trade prohibitions is expected in
March, 1994. The thirty first CITES Standing Committee meeting will
take place March 21-25 in Geneva, Switzerland, where the issues of
rhinoceros and tiger trade will also be discussed.
Request for Information and Comments
The Service has reviewed the November 8 letter, and finds that it
contains sufficient information to warrant a consideration of whether
nationals of the People's Republic of China and Taiwan are undermining
the effectiveness of CITES by engaging trade or taking of endangered
species other than rhinoceroses and tigers. Both the People's Republic
of China and Taiwan have been previously certified to the President
under the Pelly Amendment for trade in rhinoceros and tiger parts and
products. If the Secretary of the Interior finds that nationals of the
People's Republic of China and/or Taiwan are diminishing the
effectiveness of CITES by trading in additional species, the existing
certification would be amended accordingly.
This notice requests comments and information from the public on
the following: The international trade in the species discussed,
particularly involving the People's Republic of China and Taiwan; the
conservation status of these species in the wild; the effect of illegal
trade on their populations; whether or not actions of nationals of the
People's Republic of China and/or Taiwan are undermining the
effectiveness of CITES; and on any illegal trade in these species by
nationals of other countries or entities. This information will be
utilized by the Service in determining whether to recommend that the
Secretary amend the existing certification.
Author
This notice was prepared by Dr. Susan S. Lieberman, Office of
Management Authority, U.S. Fish and Wildlife Service (703/358-2093; fax
703/358-2280).
Dated: February 15, 1994.
Bruce Blanchard,
Acting Director.
[FR Doc. 94-4008 Filed 2-23-94; 8:45 am]
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