[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4310-55-P