[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9395]
[[Page Unknown]]
[Federal Register: April 19, 1994]
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Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Species; Saltwater and Nile Crocodiles;
Proposed Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC30
Endangered and Threatened Wildlife and Plants; Proposed
Reclassification of Saltwater Crocodile Population in Australia From
Endangered to Threatened and Listing of Saltwater Crocodile Population
in Papua New Guinea as Threatened by Reason of Similarity of
Appearance; Special Rule for the Saltwater and Nile Crocodiles
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes reclassifying
the saltwater crocodile (Crocodylus porosus) in Australia from
endangered to threatened, and the Papua New Guinea population as
threatened by reason of similarity of appearance under the provisions
of the U.S. Endangered Species Act (ESA) of 1973. The saltwater
crocodile has been listed as endangered throughout its range since
1979, except the Papua New Guinea population, which has never been
listed. A special rule is also proposed that would allow for the
importation of certain specimens of saltwater crocodiles from Australia
and Papua New Guinea into the United States in the course of a
commercial activity provided that such import is consistent with the
requirements of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) and certain other provisions.
This proposal also reproposes the special rule for the Nile crocodile
(Crocodylus niloticus) and will be consistent with the proposed special
rule for the saltwater crocodile. When the Service previously proposed
reclassifying the Nile crocodile from endangered to threatened status,
the comments received on the proposed special rule that accompanied
that proposed reclassification led the Service to repropose the special
rule.
DATES: Comments from all interested parties must be received by July
18, 1994. Public hearing requests must be received by June 3, 1994.
ADDRESSES: Comments, information, and questions should be submitted to
the Chief, Office of Scientific Authority; Mail Stop: Room 725,
Arlington Square; U.S. Fish and Wildlife Service; Washington, DC 20240.
Fax number (703) 358-2276. Express and messenger delivered mail should
be addressed to the Office of Scientific Authority; room 750, 4401
North Fairfax Drive; Arlington, Virginia, 22203. Comments and other
information received will be available for public inspection, by
appointment, from 8 a.m. to 4 p.m., Monday through Friday, at the
Arlington, Virginia, address.
FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of
Scientific Authority, at the above address, or by phone at (703) 358-
1708.
SUPPLEMENTARY INFORMATION:
Background
This proposal is organized by first presenting a full discussion of
the saltwater crocodile, then a brief listing history on the Nile
crocodile reclassification, followed by a review of available
conservation measures including a description of and effects of the
proposed special rule for both the saltwater and the Nile crocodiles.
I. The Saltwater Crocodile
A. Status and Listing History
The saltwater or estuarine crocodile (Crocodylus porosus) ranges
from southwest India and along its eastern coast, throughout Southeast
Asia and through the Pacific Islands as far east as Fiji and south to
the northern coast of Australia. The majority of populations have been
reported from the following countries:
Australia, Bangladesh, Burma, Cambodia, India, Indonesia, Malaysia,
Papua New Guinea, Sri Lanka, Thailand, the Philippines, and Vietnam. It
is the largest crocodilian species, reaching lengths well over 20 feet
(6.1 meters). The species inhabits estuaries, mangrove swamps, and
tidal reaches of rivers (The World Conservation Union (IUCN) 1975).
At the 1979 meeting of the Parties to CITES, the saltwater
crocodile was transferred from Appendix II to Appendix I, except for
the population in Papua New Guinea which was retained on Appendix II.
On December 16, 1979 (44 FR 75074), the Service listed all saltwater
crocodile populations outside of Papua New Guinea as endangered. Both
of these actions were taken because the species had suffered serious
losses of habitat throughout most of its range and it had been subject
to extensive poaching for its hide. At their 1985 meeting, the CITES
Parties voted to transfer the Australian population from Appendix I to
Appendix II of CITES pursuant to resolution Conf. 3.15 (ranching) and
to transfer the Indonesian population from Appendix I to Appendix II
pursuant to resolution Conf. 5.21, making Indonesia subject to export
quotas approved by the Parties. Under current Australian law, the
effect of this action was to allow trade in captive-bred specimens and
specimens taken from approved crocodile farm operations based on
controlled collecting of eggs or hatchlings or nuisance animals from
the wild.
In June 1990, the Service received a petition from the Australian
National Parks and Wildlife Service (ANPWS) requesting the
reclassification of the captive (i.e., captive-bred and ranched)
populations of saltwater crocodile in Australia from endangered to
threatened. The petition contained information on the management of
wild and captive populations, population surveys, and legal status. The
Service had previously reviewed almost the same information, which was
considered substantial, and the Service was in the process of preparing
a proposed rule based on the earlier information when the petition was
received. On September 27, 1990, the Service, acting on this assessment
but without issuing a formal finding, published a proposed rule (55 FR
39489) to reclassify the Australian population of the saltwater
crocodile to threatened status. The proposed rule included a special
rule which allowed for the commercial import of parts and products of
ranched saltwater crocodiles from Australia directly into the United
States, or through a third party if that receiving country was a CITES
member that filed annual CITES trade reports and any re-exporting
country was also a CITES member. In the absence of a required universal
tagging system for crocodilian skins, however, trade controls were
considered insufficient to justify uncontrolled trade through third
parties.
Publication of the final rule was delayed beyond the 12 months
normally allowed because of concerns about allowing trade in products
of one crocodilian species without adequate control of trade in other
crocodilians and pending acceptance of universal tagging procedures for
crocodilian skins in international trade. Resolution Conf. 8.14 adopted
at the 1992 Meeting of the Conference of the Parties in Kyoto, Japan,
established a new marking system that will provide for strict
regulation of trade in all crocodilian skins. The new marking program
should be in place as of January 1995.
B. Summary of Comments on the Earlier Proposed Rule on the Saltwater
Crocodile
In the Federal Register of September 27, 1990, (55 FR 39489) the
Service announced that available information indicated that both wild
and captive populations of saltwater crocodiles in Australia should be
reclassified from endangered to threatened, and issued a proposed rule
to that effect. In that proposal, all interested parties were requested
to submit comments and information that might contribute to the
development of a final rule.
Nine comments were received: two from ANPWS; one from the
Australian Commonwealth Scientific Industrial Research Organization
(CSIRO), Division of Wildlife and Ecology; three from the trade
industry; and one each from the IUCN Crocodile Specialist Group for
Eastern Asia, the World Wide Fund for Nature-Australia, and TRAFFIC-
USA. All supported the proposed reclassification, but some had
objections to the proposed special rule.
The ANPWS fully supported the reclassification of the Australian
population of Crocodylus porosus. Dr. Graeme Caughley, Chief Research
Scientist of CSIRO, stated that he saw no reason that ESA and CITES
should necessarily coincide, but in the case of the Australian
saltwater crocodile, he favored the controls on trade that were
established under CITES.
Dr. Grahame Webb, Vice Chairman for Eastern Asia--Crocodile
Specialist Group, supported the proposed changes. He reported that
crocodile populations within Australia are particularly well-managed
and that all skins exported are tagged and clearly identified as having
come from Australia. Several crocodile farmers and traders (Crocodile
Farmers Association of Australia, G. Webb Pty. Ltd., and Mainland
Holding Pty. Ltd.) all supported the reclassification of the saltwater
crocodile in Australia to threatened status. They stated that the
detailed survey work confirming the expansion of populations and
monitoring of habitat justifies this action. The recovery of the
population in Australia since protection and the present management of
and research on the species was said to warrant the proposed change in
regulation by the Service.
World Wide Fund for Nature (WWF-Australia) wrote that it had no
objections to the reclassification of Crocodylus porosus populations in
Australia from endangered to threatened, bringing the designation in
line with the current CITES listing. This was only supported, however,
in full recognition of the conservation status (vulnerable) recently
assigned to the species by the IUCN (IUCN 1990). TRAFFIC USA furnished
helpful comments on the special rule and the reporting requirements as
called for under Article VIII of CITES.
C. Explanation of Proposed Rule for the Saltwater Crocodile
This proposed rule, if made final, would revise Sec. 17.11(h) to
reclassify the Australian population of the saltwater crocodile from
endangered to threatened. Since it is difficult to distinguish between
the skins and products derived from different saltwater crocodile
populations, the Service also proposes to revise Sec. 17.11(h) to list
the saltwater crocodile population of Papua New Guinea as threatened by
similarity of appearance.
The Australian and Papua New Guinea populations are defined by
distinct geo-political boundaries that delineate an area representing a
significant portion of the range of the species. In addition, both
populations are biologically significant in maintaining variability of
the species and in preventing the further decline of the species.
Consistent with the requirements of sections 3(3) and 4(d) of the
ESA, this proposed rule also would amend Sec. 17.42 by adding a new
paragraph to allow for the commercial importation of certain specimens
from Australia and Papua New Guinea into the United States without a
threatened species permit but pursuant to CITES trade controls and
marking requirements and certain other specified criteria (provisions
of the proposed special rule are described later in this notice). Under
CITES, Australia may export saltwater crocodile skins, meat, or
products only if the specimen is captively bred in a breeding system
that is generally maintained without augmentation from the wild, or the
specimen is derived from a crocodile farm operation following CITES
ranching provisions and under an approved management program.
D. Summary of Factors Affecting the Australian Population of Saltwater
Crocodile
Section 4(a)(1) of the ESA (16 U.S.C. 1531 et seq.) and regulations
promulgated to implement the listing provisions of the ESA (50 CFR part
424) set forth five factors 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 saltwater crocodile in Australia are as follows:
1. The present or threatened destruction, modification, or
curtailment of its habitat or range. The saltwater crocodile occupies a
variety of tidal and non-tidal habitats across northern Australia from
Maryborough on the Queensland east coast to Broome on the Western
Australian west coast. The Northern Territory has more extensive areas
of prime saltwater crocodile habitat than either Queensland or Western
Australia (report from the Australian National Parks and Wildlife
Service (ANPWS) 1990, titled, ``Evidence in Support of a Petition by
Australia to the U.S. Fish and Wildlife Service to Remove Captive
Populations of the Saltwater Crocodile, Crocodylus porosus, in
Australia from the Endangered Species List under the U.S. Endangered
Species Act 1973''--copy on file with the Office of Scientific
Authority). Exploitation of crocodiles in Australia began on a large
scale in the late 1940's and extended into the early 1970's. During
this time, populations in the rivers along the north coast were nearly
extirpated with only small scattered populations remaining (King et al.
1979). Export of saltwater crocodiles and their parts from Australia
was prohibited in 1972. Today, the habitats are largely intact across
the whole of northern Australia, and the species occupies the whole of
its known historical range within the country. The species is protected
in the three states where it occurs (the Northern Territory,
Queensland, and Western Australia). Management programs allowing
limited utilization of wild stocks for crocodile farm operations have
been implemented by the states in light of the crocodile's increasing
population size.
According to the ANPWS (ANPWS 1990, op. cit.), the Northern
Territory population of saltwater crocodiles has undergone significant
recovery since protection from hunting in 1972. Analysis of all
available monitoring results from 1975 to 1987 shows that the density
of wild saltwater crocodiles in tidal rivers has tripled since
surveying began. In 1984, Webb et al. (1989) estimated the total
Northern Territory population of the saltwater crocodile to be at least
40,000 individuals. Between 1984 and 1987, monitoring results indicated
that the tidal population increased by 16.5 percent. Assuming that this
rate of increase can be applied to the population as a whole, the
minimum estimate for 1989 would be 46,000 crocodiles in the Northern
Territory.
Extensive helicopter surveys across the entire range of habitat
types present in Cape York Peninsula, Queensland, resulted in the
sighting of some 2,400 animals. Actual population numbers are likely to
be considerably higher. It is not possible to derive an estimate of
absolute numbers for Queensland, but sampling of potentially suitable
habitats yielded an average density index of 0.77 crocodile/km of
waterway. Surveys in 1977-78 resulted in a population estimate of about
2,000 crocodiles beyond the hatchling stage for Western Australia. The
population was estimated at 2,500 crocodiles beyond the hatchling stage
when it was resurveyed in 1986.
2. Over-utilization for commercial, recreational, scientific, or
educational purposes. Population estimates of saltwater crocodiles in
Australia were not made prior to 1970. Over- exploitation for the skin
trade and persecution as undesirable wildlife began in the late 1940's
and did not subside until hunting was banned in 1972. The export of
saltwater crocodiles and their parts from Australia was prohibited in
1972 by an amendment of the customs regulations. By that time, many
accessible populations had become seriously threatened with
extirpation. With the enactment of state and territorial protection
laws [Wildlife Conservation and Control Ordinance (1962)--Northern
Territories; the Fauna Conservation Act (1974)--Queensland; and the
Wildlife Conservation Act (1950)--Western Australia], the populations
showed an immediate response and have tripled in numbers since
surveying began in the late 1970's (ANPWS 1990, op. cit)
At the 1985 meeting of the Conference of the Parties to CITES, the
Australian saltwater crocodile population was transferred from Appendix
I to Appendix II, pursuant to resolution Conf. 3.15 on ranching. This
provides for trade in saltwater crocodiles bred in captivity or raised
on farms under approved management plans. The transfer was recommended
by the Australian Council of Nature Conservation Ministers and IUCN
Crocodile Specialist Group. The Australian CITES proposal to transfer
the Australian population of saltwater crocodile to Appendix II to
allow trade under the ranching provision was based on a series of
experimental egg harvests and quantification of the impacts of those
harvests. No discernible impact of this egg harvest has been detected
on the number of crocodiles in subsequent age classes. Australia allows
a regulated annual harvest of crocodile eggs for farm operations under
approved management plans. The effects of the egg harvests are
quantified and assessed through monitoring programs in the harvested
areas. Approval to harvest eggs incorporates a commitment that if any
decline in the wild population were to occur, a larger number of 1-year
old crocodiles would be returned to the wild than would have survived
had no eggs or hatchlings been removed from the wild. At the present
time, only the Northern Territory and Western Australia have approved
management plans under which the harvest of eggs is allowed for
ranching operations.
According to information provided by the Australian National Parks
and Wildlife Service (ANPWS 1990, op. cit.), the capture and relocation
of nuisance crocodiles can only be authorized by State government
personnel.
In the Northern Territories, nuisance animals are caught alive and
relocated to farms whenever practical. In other cases, they are
destroyed by Northern Territory Conservation Commission personnel. In
Western Australia, problem crocodiles are captured and removed, or
where the level of risk to humans is unacceptable, permission to kill
the crocodile may be given. In both States, those problem animals
relocated to farms are individually marked and, if not required for
captive breeding, are available for harvest after they have been
maintained in captivity for a minimum of 30 days. In Queensland,
crocodiles may be removed to provide breeding stock for closed-cycle
farms. Nuisance animals may be removed to provide breeding stock or
destroyed where other options are not available.
Traditional harvest of crocodiles and crocodile eggs for food by
Aborigines of the Northern Territory is allowed. However, the low level
of traditional harvests is not considered a threat to the populations.
Traditional use does not include commercial trade.
Ranched and captive-bred crocodile parts and products are exported
from three establishments under an approved management program in the
Northern Territory. A management program that would allow ranching
operations in Western Australia is under development. One farm in
Queensland exports products derived solely from captive-bred
crocodiles.
3. Disease or predation. None known at this time.
4. The inadequacy of existing regulatory mechanisms. The saltwater
crocodile is recognized as a valuable resource in Australia, where laws
and regulations are in place to prevent over- exploitation of these
animals. Since the ban on hunting in 1972, saltwater crocodile
populations have substantially increased in numbers. State wildlife
laws govern the take, possession, and trade in saltwater crocodiles.
Also, the Commonwealth Wildlife Protection (Regulation of Exports and
Imports) Act of 1982, administered by the ANPWS, helps to protect
wildlife that might otherwise be threatened by unregulated export.
Under this Act, export of saltwater crocodiles, their parts and
products requires an export permit. Permits may be issued only for
scientific purposes, or for specimens derived from captive-bred
animals, or animals taken under an approved management program. Maximum
penalties for violations of the Act are a AUS$100,000 fine and/or 5
years imprisonment for individuals, and AUS$200,000 for corporations.
The substantial increase in maximum penalties for attempting to
illegally export saltwater crocodile skins from Australia (from $1,000
up to $200,000) is considered to be an effective deterrent. In addition
to legislation and policies regulating take within Australia, export of
saltwater crocodiles is regulated by CITES, to which Australia is a
party.
Regulation of take has been a factor in the continued improvement
of Australia's saltwater crocodile populations in the wild. This
significant improvement has prompted the Service to propose
reclassification of the saltwater crocodile in Australia from
endangered to threatened.
5. Other natural or manmade factors affecting its continued
existence. A comprehensive system of nature conservation reserves has
been developed, so that approximately 40 million hectares of all
habitats throughout Australia, or 5.5 percent of the total land
surface, is reserved under different categories. Parks, reserves, and
sanctuaries in Northern Australia provide a mosaic of areas in which
crocodiles and their habitats are protected. Significant areas of
crocodile habitat are contained in at least six parks or nature
reserves. In addition, nearly 37 million hectares are protected under
various state and national marine and estuarine protected area
categories. The Cobourg Peninsula Marine National Park was declared in
1983 to protect, among other species, the saltwater crocodile.
The Service has carefully assessed the best biological and
commercial information with respect to past, present, and future
threats faced by the species in issuing this proposed rule. Criteria
for reclassification of a threatened or endangered species (50 CFR
424.11 (c) and (d)) are the same as for listing a species as endangered
or threatened. The proposed action is to reclassify Australia's
saltwater crocodile populations from endangered to threatened, based on
continuing recovery of the species. A special rule amending 50 CFR
17.42 to allow for the importation of specimens into the United States
without a threatened species permit is also proposed. This proposed
rule is based on substantial evidence that Australia's populations of
the saltwater crocodile have made a remarkable recovery and are no
longer in imminent danger of extinction.
Surveys conducted in the late 1980's indicated populations of at
least 50,000. Populations are estimated to have increased three-fold
between 1975 and 1987. The species is protected in the three
jurisdictions in which it occurs and there are closely regulated
crocodile farm operations. In light of increasing populations,
Australia's strict regulation of harvest, and the requirement of a
management program prior to approval of crocodile farm operations,
several threats to the existence of the saltwater crocodile in
Australia have been ameliorated. Therefore, the Service believes that
reclassification to threatened best fits the current status of
saltwater crocodile populations in Australia.
Other populations throughout the species' range are still in danger
of extinction, to varying degrees, by taking. Penalties for illegal
exports and enforcement activities will help ensure that illegal skins
or products do not enter into commercial trade. Because crocodiles of
the Australian population cannot be distinguished from saltwater
crocodiles of other populations and from other endangered crocodilians
once made into manufactured products, the Service is proposing a
special rule to strengthen the implementation of the CITES skin-tagging
program (see description presented later in this notice).
The proposed reclassification to a threatened status and adoption
of a special rule allowing commercial trade under certain conditions
would not end trade controls for the species. The species remains on
Appendix II of CITES with export permits required, and the special rule
would require adherence to the CITES marking scheme for crocodilian
skins, among other things discussed later in this document when
provisions of the special rule are described. Trade in legally
harvested saltwater crocodile skins, meat, and products, when
controlled as specified in the special rule, will provide an incentive
for conserving the species without posing significant risks to wild
populations.
E. Summary of Criteria To List the Papua New Guinea Populations as
Threatened by Similarity of Appearance
The Papua New Guinea population of the saltwater crocodile is not
listed at present under the ESA. In determining whether to treat a
species as endangered or threatened due to similarity of appearance,
the Director must consider the criteria in section 4(e) of the ESA.
Section 4(e) of the ESA (16 U.S.C. 1534(e)) and 50 CFR 17.50(b) set
forth three criteria in determining whether to list a species for
reasons of similarity of appearance. These factors and their
applicability to populations of the saltwater crocodile in Papua New
Guinea are as follows:
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). The different populations of saltwater crocodile are
morphologically indistinguishable. It is impossible to distinguish the
different geographical populations as live animals, skins or finished
products. Thus, Papua New Guinea saltwater crocodiles, their parts and
products cannot be distinguished as to origin by law enforcement
personnel.
2. The additional threat posed to the endangered or threatened
species by loss of control occasioned by similarity of appearance. The
primary threat to other saltwater crocodile populations is the
difficulty of identifying skins and products by geographic region as
discussed above.
3. The probability that so designating a similar species will
substantially facilitate enforcement and further the purposes and
policy of the ESA. The populations of saltwater crocodiles in
Australia, Indonesia, and Papua New Guinea are listed on CITES Appendix
II and are traded in international commerce. The Indonesian population,
although listed as endangered by the United States, is traded among
other CITES parties subject to a CITES export quota. International
protection has not resulted in complete cessation of illegal trade in
other populations. Only specimens and parts and products from Papua New
Guinea (and under this proposal, from Australia) may be imported into
the United States. Designation of the Papua New Guinea population as
threatened by similarity of appearance will help the United States to
control illegal trade of other protected saltwater crocodile
populations. Due to the difficulty in distinguishing crocodiles from
the Papua New Guinea population from other populations of saltwater
crocodiles and from other endangered crocodilians once made into
manufactured products, the Service is proposing rules to strengthen the
implementation of the new CITES skin tagging program (see description
presented later in this notice).
Special Rule for Nile and Saltwater Crocodiles
A. Nile Crocodile Listing History
Historically, the Nile crocodile (Crocodylus niloticus) was
widespread throughout Africa and Middle East as far north as Syria.
Presently, it is confined chiefly to the upstream regions of the Nile
River, tropical and southern Africa, and Madagascar. The Nile crocodile
was listed as endangered in 1970 (35 FR 8495) and on Appendix I of the
CITES in 1975 (when CITES came into force) because of the widespread
decline of the species. Since that time, a number of African countries
have recognized the value of the Nile crocodile for its ecological role
and as a source of sustainable economic benefit under proper
management, especially through ranching for a controlled harvest of
skins.
Of the countries that have started ranching operations, Zimbabwe
appears to have the best information on wild crocodile populations.
Improvements in the status of Nile crocodile populations and their
management have prompted the CITES Parties to transfer 11 national
populations to Appendix II, allowing commercial trade either under
provisions of the ranching resolutions Conf. 3.15 and 8.22 or subject
to export quotas established by agreement of the Parties as per
resolutions Conf. 5.21, 6.17, and 7.14. Populations in Botswana,
Ethiopia, Kenya, Malawi, Mozambique, Tanzania, Zambia, and Zimbabwe
have been transferred to Appendix II based on ranching provisions,
while populations in Madagascar, South Africa, and Uganda are permitted
under CITES approved export quotas. However, commercial trade is not
allowed from the remaining Nile crocodile range countries.
In the August 3, 1992, Federal Register (57 FR 34095), the Service
proposed reclassifying the Nile crocodile from endangered to threatened
status with a special rule allowing for commercial importation of skins
and finished products thereof. Two organizations, the IUCN Crocodile
Specialist Group, and SAVE African Endangered Wildlife Foundation
supported the reclassification of the Nile crocodile from endangered to
threatened. The ANPWS, the Crocodile Farmers Association of Zimbabwe
(CFAZ) and TRAFFIC USA also supported the reclassification but
expressed concern about a provision of the proposed special rule.
Therefore, the Service proceeded to downlist the Nile crocodile to
threatened status on September 23, 1993, (58 FR 49870) but without any
change in the special rule, which presently applies only to Zimbabwe.
B. Comments Received on Proposed Special Rule With Nile Crocodile
Proposal
ANPWS, CFAZ, and TRAFFIC USA especially objected to the proposed
paragraph (c)(1)(ii)(C) of Sec. 17.42 that would require crocodile skin
products to either be tagged or to be accompanied by CITES documents
containing the same information as is on the tags for the crocodiles
from which the manufactured products were obtained. ANPWS stated that
the control of skins removes the need to require every manufactured
product to be marked, and also indicated that since Australian skins
used in product production in Australia are not tagged it would not be
possible to record the tag numbers of these products on the CITES
permits. CFAZ raised the same concerns as ANPWS. It also expressed the
concern that the requirements of this paragraph were unenforceable and
urged that it be deleted. TRAFFIC USA also supported the
reclassification but expressed the belief that proposed paragraph
(c)(1)(ii)(C) is impractical and unenforceable. It noted that ``because
of the complexities of the crocodilian product manufacturing industry,
and the regular movement of skins, skin parts, and product parts
between manufacturers, this requirement. . . . will be impossible to
meet.'' Furthermore, TRAFFIC USA expressed support for establishing ``a
water-tight system of controlling trade in the raw material.''
The Service recognizes the concerns presented by ANPWS, CFAZ, and
TRAFFIC USA, and agrees with TRAFFIC USA in seeking to strengthen the
control in the trade in whole and partial skins. Therefore, the Service
is proposing in this notice a revised special rule that would replace
the present Sec. 17.42(c) and that is significantly different from the
proposed special rule accompanying the proposed rule to reclassify the
Nile crocodile. The presently proposed special rule removes the
requirement to keep track of each CITES crocodilian skin tag number
through the product manufacturing process and to record the CITES tag
numbers on the export permits issued for crocodilian products, but adds
provisions designed to supplement the provisions of the universal
tagging system being implemented by the CITES Parties. A discussion of
the special rule and of the CITES tagging resolution is presented in a
later paragraph on ``Description of Proposed Special Rule.''
C. Available Conservation Measures for Nile and Saltwater Crocodiles
Conservation measures provided to foreign species listed as
endangered or threatened under the ESA include recognition,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by governments, private agencies and groups, and
individuals.
Section 7(a) of the ESA, as amended, 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 or listed as endangered or threatened and with respect to its
critical habitat, if any is being designated. Regulations implementing
this interagency cooperation provision of the ESA are codified at 50
CFR part 402.
Section 7(a)(2) of the ESA, as amended, requires Federal agencies
to ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of such a species or to
destroy or adversely modify its critical habitat. If a proposed Federal
action may affect a listed species, the responsible Federal agency must
enter into formal consultation with the Service. With respect to the
Nile crocodile or to the saltwater crocodile in Australia, no Federal
activities are known that would require conferral or consultation.
In general, sections 4(d) and 9 of the ESA 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, 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, the National Marine Fisheries Service, and State
conservation agencies.
In general, 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
ESA. All such permits must also be consistent with the purposes and
policy of the ESA as required by section 10(d). Such a permit shall be
governed by the provisions of Sec. 17.32 unless a special rule
applicable to the wildlife (appearing in Secs. 17.40 to 17.48) provides
otherwise.
Although threatened species are generally covered by all
prohibitions applicable to endangered species, under section 4(d) of
the ESA, the Secretary may propose special rules if deemed necessary
and advisable to provide for the conservation of the species. The rule
proposed to be included in Sec. 17.42 would allow commercial
importation into the United States of certain farm-raised specimens of
Australia's saltwater crocodile population, specimens of this species
from Papua New Guinea, and certain specimens of Nile crocodile
populations downlisted to Appendix II by CITES Parties under ranching
or quota provisions as provided for by CITES.
D. Description of Proposed Special Rule
The United States would allow import only of those specimens or
parts or products authorized to be exported under CITES. In addition,
the proposed special rule would not allow trade in such species with
countries that are not parties to CITES, that have taken reservations
for crocodilian species under CITES, that do not make required annual
reports to the CITES Secretariat, that have failed to designate
Management Authority(s) and Scientific Authorities, or that do not
adequately control illegal trade in crocodilian species. Importation of
parts of saltwater crocodiles directly from Australia or Papua New
Guinea, or parts of Nile crocodiles directly from countries with
Appendix II populations would also be allowed under certain
circumstances, if the country of origin implements provisions of the
universal tagging system.
1. Marking. International trade in certain crocodilians has
presented significant problems for the Parties; several resolutions
have been adopted at previous meetings of the Parties in an effort to
establish management regimes to benefit the conservation of the
species. The United States, in conjunction with Australia, Italy, and
Germany submitted a resolution to the CITES Secretariat that was
adopted at the eighth meeting of the Conference of the Parties in
Kyoto, Japan (March 2-13, 1992). This resolution (Conf. 8.14) calls for
a universal tagging system for the identification of crocodilian skins
in international trade. Furthermore, in accordance with resolution
Conf. 8.14, the Animals Committee at its July 1992 and September 1993
meetings adopted resolutions recommending additional practices for
tracking and monitoring tags.
Aspects of this resolution dealing with imports into the United
States are incorporated into this proposed rule, and U.S.
implementation of this resolution for import, export, and re-export for
all crocodilian species will be incorporated into a future revision of
50 CFR part 23. Adherence to the new marking requirements should reduce
the potential for substitution of illegal skins and reduce the trade
control problems with the similarity in appearance of skins and
products among different species of crocodilians.
Prior to implementation of Conf. 8.14. certain taxa listed in
Appendix II could be traded internationally without qualification or
assurance of their identification. The CITES resolution on the
universal tagging system for the identification of crocodilian skins
(Conf. 8.14) 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 re-exported, unless substantial
processing and manufacturing has taken place;
(2) That such 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 species
code and the year of production, and further that such non-reusable
tags have as a minimum the following characteristics: a self-locking
system, heat resistance, inertia to chemical and mechanical processing,
information that has been applied by permanent stamping [These
requirements have been further specified by the CITES Animals Committee
and, as a result, the Secretariat has identified manufacturers in three
countries that are producing CITES-acceptable tags] and,
(3) That the same information as is on the tags [for whole skins,
flanks, bellies, and ``chalecos''] 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;
(4) That each Party in which tags are applied maintain records
accounting for tags issued and maintain records that relate each
Convention document number to the tags of the crocodilian specimens
traded thereunder and vice versa, and include this information in its
annual report; and
(5) That Parties establish, where legally possible, a system of
registration or licensing, or both, for importers and exporters of
crocodilian skins and parts thereof.
2. Special Rule. This proposed rule allows trade through
intermediary countries, i.e., all countries of re-export by definition,
for Nile and saltwater crocodiles as long as such countries are
effectively implementing CITES and they have adopted certain management
measures to control trade in crocodilian skins and products. Countries
are not considered as countries of re-export if the specimen remains in
customs control while transiting or being transshipped through the
country and provided those specimens have not entered into the commerce
of that country. The special rule is intended to complement and
strengthen the universal crocodilian tagging system as presently
envisioned in CITES resolution Conf. 8.14 and the implementing
resolutions prepared by the CITES Animals Committee. These measures
include effective inspection of shipments to determine if the CITES
country-of-origin tag is intact for skin imports and exports and
implementing a monitoring system that relates goods produced to tagged
skins received.
The purpose of this special rule is to address the monitoring
measures in the countries of re-export in order to have a more
accountable system for the transfer and processing of skins and
products in the commercial crocodilian trade. The United States is a
major importer of crocodilian products produced by countries of re-
export. The Service inspections of importations have revealed a
continuing pattern of commingling and misidentification of crocodilian
leathers. Accompanying CITES documents have often declared the
merchandise as American alligator when the product contains some
species of crocodile, or as crocodile, when the goods are made from
American alligator hide. The new CITES tagging system will represent a
significant step towards eliminating misidentification of skins as they
leave the country of origin. Since all American alligator skins are
tagged upon export from the country of origin, the problems of
commingling of alligator and crocodile clearly arise during the tanning
and manufacturing process.
In addition, there are several species of crocodiles throughout
Africa and Asia that remain listed as endangered. While identification
of crocodile versus alligator can be made consistently in manufactured
products, species identification of crocodile products is more
difficult. Despite these difficulties, various species of endangered
crocodilians have been identified in products declared as American
alligator or non-endangered crocodiles.
This special rule is proposed with the goal of ensuring adequate
control in the manufacturing countries to deter intermingling of the
protected populations of the Nile and saltwater crocodiles, as well as
the endangered populations of other crocodiles and alligators without
imposing the overburdensome requirement of tracking each piece through
the production process, and recording all incoming tag numbers on the
re-exporting permit for products. The new CITES tagging system does not
require that country of origin tags remain intact up to the point of
manufacture. Since the commingling problems described above principally
arise in the re-exporting countries, the special rule is designed to
address these problems, to fulfill the ESA's criteria for the
protection of threatened species and those with similar appearance, and
to allow trade within the parameters outlined below.
The proposed special rule requires that a system for monitoring
skins be implemented by the countries of re-export, so that the
transaction history is provided, that inventory controls are maintained
by the manufacturer, and that unmarked skins in re-exporting countries
will not be allowed in trade after a specific period of time.
Furthermore, this special rule is written to allow the Service to
respond quickly to changing situations that result in lessened
protection to the crocodilians. Thus, the criteria described in the
special rule establish non-discretionary bases for determining whether
CITES provisions are being effectively implemented. Therefore, imports
into the United States can be prohibited after publication of a notice
of information on any country that fails to comply with the
requirements of the special rule. For those additional situations
outside of the ones set forth in the special rule, which involve a
judgment as to whether necessary trade controls are being implemented,
the Service will go through a separate proposed rule and comment
process before reaching a final decision on any trade bans.
In a separate rule-making proposal, 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 saltwater and Nile crocodile skins or partial skins being
imported into or exported from any re-exporting country if the skin is
eventually imported into the United States.
The proposed rule is designed to allow trade in saltwater and Nile
crocodile skins and products from designated populations without the
need to obtain a threatened species import permit. Tagged skins may be
imported from the country of origin or any CITES-member country of re-
export as long as the involved countries comply with certain criteria.
Crocodilian products may be imported without individual tags, provided
the involved countries comply with criteria described for products. The
proposed rule provides several criteria for ensuring that countries of
origin and re-export have implemented controls to monitor transactions
in crocodilian skins and products and have a satisfactory enforcement
and CITES implementation history. If a country fails to meet the
criteria in the proposed rule, notice to that effect will be published
in the Federal Register, and skins and products from Nile and saltwater
crocodiles will not be able to be imported into the United States
without the threatened species import permits required in Part 17.
3. Section-by-Section Description. The proposed rule at
Sec. 17.42(c)(1) contains definitions of ``crocodilian skin'' and
``crocodilian product.'' A ``crocodilian product'' is an item that is
fully manufactured and ready for retail sale without further
processing. A ``crocodilian skin'' is any whole or partial skin, and
thus includes skins that have been salted, crusted, tanned or partially
tanned or otherwise processed, e.g., dyed, shaved, polished, or filled.
Paragraph 17.42(c)(2) stipulates those ESA prohibitions that apply
to the saltwater crocodile from Australia and Papua New Guinea and the
Nile crocodile. All ESA prohibitions apply to other saltwater crocodile
populations. In addition, primarily commercial trade is prohibited for
specimens from those saltwater crocodile and Nile crocodile populations
listed in CITES Appendix I, and non-commercial imports or exports of
specimens from Appendix I populations require a CITES permit issued by
the Service's Office of Management Authority.
Paragraph 17.42(c)(3) describes exceptions to prohibitions
stipulated in Sec. 17.42(c)(2); specifically subparagraphs (i) and (ii)
describe the exceptions for skins and products, respectively, provided
the country of origin and all countries of re-export are in compliance
with the criteria described in subparagraph (iii).
Paragraph 17.42(c)(3)(i)(A) provides that each crocodilian skin
bear an intact, uncut tag from the country of origin, with the CITES-
required number in compliance with 50 CFR part 23. When chalecos are
traded, the two halves of any individual chaleco shall be tagged so
that if the halves are separated each half bears a tag. Skins may be
cut in the country of origin (for instance into flanks or tail and body
pieces) but each piece must be separately tagged when it leaves the
country of origin. Since it is impossible for skins currently present
in re-exporting countries to be tagged by their country of origin, the
special rule provides for a period of twelve months after publication
of the final rule, for such skins to be imported as skins or products
without the trading history requirement.
Paragraph 17.42(c)(3)(i)(B) requires that the information on each
tag in a shipment be given on the accompanying CITES export permit, re-
export certificate or other Convention document, or on a separate sheet
validated by the same issuing authority as described in CITES Animals
Committee's resolution adopted at its September 1993 meeting.
Paragraph 17.42(c)(3)(i)(C) requires that for each crocodilian skin
the importer or exporter shall provide a copy of each CITES permit or
certificate or identify the CITES permit/certificate number from the
country of origin and each country of re-export on the permit or on a
separate sheet. The transaction history will assist in verifying that
the skins have moved through countries meeting the criteria of
paragraphs (c)(3)(iii). Such information is now available only through
the time-consuming process of querying each country in turn to trace
its document files to determine the underlying importation record for
any CITES document it has issued. Since commercial traders of skins and
products record and reflect the country of origin for all shipments at
present and will have to keep track of skin tag numbers under the CITES
resolution, this provision simply requires that the sellers track the
CITES certificate numbers or transmit copies of these documents from
their buyers. This provision is in keeping with the Animals Committee
resolutions calling on re-exporting countries to implement an
administrative system for the effective matching of imports and re-
exports.
Paragraph 17.42(c)(3)(i)(D) requires that the country of origin and
the countries of re-export be in compliance with the criteria of
paragraphs (c)(3)(iii)(A)-(iii)(F) and provides that countries meeting
these criteria will be named in a Notice of Information published by
the Service.
Paragraph 17.42(c)(3)(ii) sets forth the conditions for import,
export, and re-export of crocodilian products. While it has frequently
been suggested that the only absolutely reliable method for ``cradle to
grave'' or ``harvest to consumer'' control is individual product
tagging, the Service is not proposing such measures at this time. If
the skin tagging inspection programs and criteria for evaluating
whether party countries are implementing CITES responsibly are
followed, and inventory controls are conscientiously implemented by the
re-exporting country government and/or private sector, the Service
hopes that more stringent measures for manufactured products will not
be necessary to control commingling of illegal crocodilians.
Paragraph 17.42(c)(3)(ii)(A) requires that for each crocodilian
product the importer or exporter shall provide a copy of each CITES
permit or certificate or identify the CITES permit/certificate number
from the country of origin and each country of re-export of the skins
included in the product, except that such importation history does not
need to be provided for any portions of a product which is 9 square
inches or smaller. This provision is similar to the provision for skins
in paragraph (c)(3)(i)(C), except that this provision exempts small
pieces of skin from the importation history requirement. The exception
for pieces 9 square inches or smaller will permit items generally made
from scraps, such as watch bands, pieced belts, or trim, to be exempt
from the importation history requirement. It must be emphasized,
however, that manufacturers still must accurately identify all species
of wildlife contained in any importation. Since many violations have
been detected with the misuse of crocodilian skins on the gussets of
handbags or trim on shoes, manufacturers are still urged to maintain
vigilance over their inventory.
Paragraph 17.42(c)(3)(ii)(B) requires that the country of origin
and the countries of re-export be in compliance with the criteria in
subparagraphs (c)(3)(iii)(A)-(F) and provides that countries meeting
these criteria will be named in a Notice of Information published by
the Service.
The Service believes that to achieve a reliable system for the
manufacture of crocodilian products from lawful skins and to be able to
accurately identify what crocodilian the product was produced from,
there must be effective CITES implementation by the party countries,
including rigorous inspection of the tagged skins at each international
transaction and removal from commerce of any skins not bearing an
intact tag from the country of origin, and requirements for
manufacturers who receive the tagged skins (regardless of the number of
intermediaries the skins have passed through) to maintain sufficient
internal production controls over their inventory so they can account
for the quantity of items they produce from each tagged skin.
Paragraphs (c)(3)(iii)(F)(1)-(F)(4) set forth such criteria.
Paragraph 17.42(c)(3)(iii)(A) provides that each country of origin
and each country of re-export be a member of CITES and not have entered
into any reservations for any species within the Order Crocodylia.
Paragraphs 17.42(c)(3)(iii) (B) and (C) require that no notices
have been received by the Service indicating that the CITES Parties or
the CITES Secretariat (based on action by the Convention's Standing
Committee) has determined that the country of origin or any country of
re-export does not have adequate domestic legislation to enforce the
Convention, that it has failed to properly implement the Convention, or
that a moratorium on trade with that country is recommended.
Paragraph 17.42(c)(3)(iii)(D) requires that the countries of origin
and re-export submit their annual reports within the prescribed time
period. This CITES requirement enables a cross check of trade records
from both exporting and importing countries.
Paragraph 17.42(c)(3)(iii)(E) requires that they have named their
Management Authority and Scientific Authority, a CITES requirement that
designates the competent authorities to issue appropriate no-detriment
findings and proper issuance of export or re-export permits.
Paragraphs 17.42(c)(3)(iii)(F)(1)-(F)(3) require each country of
origin and country of re-export to certify to the Service's Office of
Management Authority that it has the legal authority to inspect and
seize or refuse entry for unlawful shipments of crocodilian skins and
products imported into or exported from that country and that it
actually inspects no less than 40 percent of the crocodilian shipments
imported into the country for compliance with the CITES tagging and
document requirements. Further, these countries must certify that they
require that crocodilian skins cannot be imported or exported without
intact, uncut tags from the country of origin. If a tag has become
separated during processing or tanning, that skin may be utilized in
that country's domestic market. The premise behind this provision is
the recognition that the CITES tagging requirement will work only if it
is strictly enforced by the re-exporting countries. Therefore, every
piece of crocodilian skin which is not manufactured into a finished
product (and which exceeds 9 square inches in area) must bear an intact
country of origin tag upon import and export. If the tags are intact
through all re-exporting countries, then they should be intact at the
point of manufacture so that the manufacturer can maintain an accurate
inventory control system.
Paragraph 17.42(c)(3)(iii)(F)(4) requires that if the country
exporting or re-exporting is a country of manufacture, it must certify
that it requires a monitoring system that records tag numbers of skins
received and relates the goods produced to the skins received. The
proposed rule does not specify the exact parameters of a particular
inventory control system. The Service encourages Party countries and
the industry to explore established programs that have been in place
for a number of years, as well as innovative technologies, such as bar
code marking, or other approaches, to develop workable means to
maintain accountability for products manufactured from tagged skins.
Paragraph 17.42(c)(3)(iv) allows for the importation of crocodilian
skins and parts directly from those countries where the Nile crocodile
populations are on Appendix II of CITES or for saltwater crocodile
populations in Australia or Papua New Guinea, provided the requirements
of 50 CFR parts 13, 14, and 23, including those provisions implementing
the CITES resolution on the universal tagging system, are complied
with. A direct import does not require routing directly from the
country of origin, as long as the specimen remains under customs
control and merely transits through a third country. Airway bills or
shipping documents should indicate that the consignee/purchaser is
located in the United States, as shipments that enter the stream of
commerce in a third country are not included under this provision of
the special rule.
Paragraph 17.42(c)(3)(v) stipulates that no 50 CFR part 17 permits
will be required for products of Nile crocodile and saltwater crocodile
from Australia and Papua New Guinea when imported into or exported from
the United States as non-commercial accompanying personal baggage.
However, trophies, skins, parts, and products acquired in those
countries whose populations of saltwater or Nile crocodile populations
are on CITES Appendix I, will require CITES import permits, issued by
the Service's Office of Management Authority.
Paragraph 17.42(c)(4) stipulates that if a country of origin or re-
export fulfills the criteria in paragraphs (c)(3)(iii)(A-F), the
Service will publish a notice in the Federal Register informing the
public to this effect, and the Service will implement these criteria by
requiring compliance with the Part 17 permit requirements for any skins
or products that originated in or have been imported or exported
through any country not included on the approved list. A list of those
countries that have met all criteria will be available from the
Service's Office of Management Authority.
E. Effects of the Special Rule
The degree of endangerment of the many crocodilian species varies
by species and specific populations. Some crocodilian species and
populations are listed on Appendix I of CITES, and the remaining
species and populations are included in Appendix II. Some species are
listed as threatened or 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 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 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 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 for the Appendix II
populations of Nile crocodile with assigned export quotas and the
Australia and Papua New Guinea populations of saltwater crocodile are
being sufficiently sustained to support controlled commercial use; the
key risk to these populations as well as other similar-appearing
crocodilians, is inadequate controls in the countries of re-export,
especially in those countries in which manufacturing occurs.
The CITES Parties have adopted and are in the process of
implementing provisions of a universal tagging system for crocodilian
skins, and the Service supports these efforts. Adherence to the new
marking requirements should reduce the potential for substitution of
illegal skins and reduce the trade control problems with the similarity
in appearance of skins and products among different species of
crocodilians. Further, this proposed special rule contains other steps
designed 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. With the requirement that all skins are to be
tagged up to the country of manufacture, and that manufacturers
maintain records concerning the products produced from the tagged skins
they receive, as well as document the chain of transactions preceding
their acquisition of the skins, it is hoped that there will be greater
accountability and accuracy in the manufacturing of crocodilian skins.
In summary, the proposed special rule allowing limited trade in
these saltwater crocodile and Nile crocodile populations should provide
incentives to maintain wild populations, as well as encourage all
countries involved in commerce in crocodilian species to guard against
illegal trade.
1. Saltwater Crocodile. Allowing import of farm-raised specimens is
expected to benefit the conservation of wild populations. Under
Australia's conservation program, eggs or hatchlings are removed from
the wild for crocodile farm operations under an approved management
program, and wild populations are carefully monitored. Should any
decline occur in the wild populations, the program would return a
greater number of 1-year-old captive raised crocodiles to the wild than
would have survived to that age in the wild had no eggs or hatchlings
been removed. Limited trade with the United States would provide
economic incentives for conserving wild populations and their habitats,
owing to the dependence on them as the source of eggs. Careful
regulation of take and the prescription of specific corrective actions
ensure that crocodile farming activities will not cause declines of
wild populations, and have the added potential of reversing declines
caused by other factors.
In addition, under this proposed special rule, parts or products of
both the Australian and Papua New Guinea crocodile populations imported
into the United States must be identified in accordance with the CITES
marking system for crocodile skins and parts (refer to section on
marking, and provisions of special rule). These marking requirements
should ensure that only legally taken specimens are traded, and thus
should also benefit the conservation of the species.
2. Nile crocodile. The appropriateness of the original endangered
listing under the ESA and Appendix I listing under CITES has been the
subject of much international debate. However, improvements in the
status of Nile crocodile populations and their management have prompted
the CITES Parties to transfer 11 national populations to Appendix II.
The proposed downlisting to a ``threatened'' status does not end trade
controls for the species. The species remains in Appendix II of CITES
with export permits required. The proposed special rule should
strengthen adherence to the CITES marking scheme for crocodilian skins
as well as compliance with other CITES trade control provisions.
Allowing commercial importation into the United States from CITES-
approved countries is expected to benefit the species by encouraging
proper conservation practices and by promoting adherence to the CITES
marking system.
Effects of the Proposed Rules
This proposed rule, if made final, would change the status of the
saltwater crocodile in Australia from endangered to threatened, and
treat the saltwater crocodile in Papua New Guinea as threatened because
of similarity of appearance so that the regulations specifically
pertaining to threatened species (50 CFR 17.31, 17.32, 17.51, and
17.52) would apply to it. A special rule is proposed with this rule to
amend 50 CFR 17.42 to allow the importation, under certain conditions,
of whole and partial skins, and finished products thereof of Nile
crocodile, which was previously reclassified as threatened (58 FR
49870), and saltwater crocodile that originate in Australia and Papua
New Guinea, without a threatened species import permit for individual
shipments otherwise required by 50 CFR part 17, if all requirements of
the special rule are met.
Importation of skins and other parts of Nile crocodile from
countries where this species is listed in Appendix II of CITES and of
the saltwater crocodile from Australia and Papua New Guinea will be
allowed without part 17 permits only in the case of shipments imported
directly from respective range countries to the United States.
Otherwise, the provisions of the proposed special rule, when
applicable, or all provisions of subpart D of 50 CFR part 17 shall
apply to Nile and saltwater crocodiles, and their eggs, meat, skins,
and other parts and products.
Information Collection Requirements
The proposed special rule contains no information collection
requirements for which Office of Management and Budget (OMB) approval
under 44 U.S.C. 4401 et seq. The import/export permits and other
documentation requirements are those currently required in parts 17 and
23 of this title 50, which are currently approved by OMB clearance
number 1018-0022.
Public Comments Solicited
The Service intends that any action resulting from this proposal be
as accurate and 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 saltwater crocodile populations, or other relevant data
concerning any threat (or lack thereof) to the wild populations
throughout their range.
Final promulgation of the regulation on Australian and Papua New
Guinea populations of saltwater crocodiles 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.
In addition, comments are solicited on the proposed special rule to
accompany any downlisting of the Australian population of the saltwater
crocodile or the Nile crocodile and the listing of the Papua New Guinea
population of the saltwater crocodile. Comment is especially sought on
the value, practicality, and enforceability of the proposed special
rule.
The ESA provides for a public hearing on this proposal, if
requested. All requests must be filed within 45 days of the date of
publication of this proposal. Comments must be in writing and addressed
to the Office of Scientific Authority (see ADDRESSES section).
National Environmental Policy Act
The Service has determined that an Environmental Assessment, 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 Endangered Species Act of 1973, as
amended. A notice outlining the Service's reasons for this
determination was published in the Federal Register (48 FR 49244) on
October 25, 1983.
Literature Cited
International Union for Conservation of Nature and Natural Resources
(IUCN). 1975. Red Data Book: Amphibia and Reptilia. Morges,
Switzerland.
International Union for Conservation of Nature and Natural
Resources. 1990. IUCN Red List of Threatened Animals. IUCN
Conservation Monitoring Center. Cambridge, England.
King, F.W., H.W. Campbell, H. Messel, and R. Whitaker. 1979. Review
of the status of the estuarine or saltwater crocodile, Crocodylus
porosus. Unpub. Report. 33 pp.
Webb, G.J.W., M.L. Dillon, G.E. McLean, S.C. Manolis and B. Ottley.
1989. Monitoring the recovery of the saltwater crocodile (Crocodylus
porosus) population in the Northern Territory of Australia. In:
Proceedings of the 9th working meeting of the Crocodile Specialist
Group of the Species Survival Commission of the International Union
for Conservation of Nature and Natural Resources. October, 1989.
Lae, Papua New Guinea.
Author
The primary author of this proposed rule is Dr. Charles W. Dane,
Office of Scientific Authority, U.S. Fish and Wildlife Service,
Washington, D.C. 20240 (703-358-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulations Promulgation
Accordingly, the Service hereby proposes to amend part 17
subchapter B of chapter I, title 50 of the U.S. 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. Section 17.11 is amended by revising the entry for the
``Crocodile, saltwater (=estuarine)'' 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
--------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Crocodile, saltwater Crocodylus porosus...... Southeast Asia, Entire, except Papua E 87,____ NA NA
(=estuarine). Australia, Papua New New Guinea and
Guinea, Pacific Islands. Australia.
Do...................... ......do................ ......do................ Australia.............. T 87,____ NA 17.42(c)
Do...................... ......do................ ......do................ Papua New Guinea....... T(S/A) ____ NA 17.42(c)
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3. Paragraph (c) of Sec. 17.42 is revised to read as follows:
Sec. 17.42 Special rules--reptiles.
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(c) Threatened crocodilians. This paragraph applies to the
following species: Saltwater crocodile (Crocodylus porosus) originating
in Australia or Papua New Guinea and Nile crocodile (Crocodylus
niloticus).
(1) Definitions of terms for purposes of this paragraph (c).
(i) Crocodilian skin shall mean whole or partial skins, flanks,
bellies, or chalecos (whether salted, crusted, tanned or partially
tanned or otherwise processed) from any reptile within the Order
Crocodylia, which includes the families Alligatoridae (including
caiman), Gavialidae, and Crocodylidae.
(ii) Crocodilian product shall mean fully manufactured products
which are ready for retail sale without further processing or
manufacture and which are composed, totally or in part, from any
reptile within the Order Crocodylia, which includes the families
Alligatoridae (including caiman), Gavialidae, and Crocodylidae.
(iii) Crocodilian parts shall mean eggs, meat, body parts other
than crocodilian skins and products, and whole specimens, from any
reptile within the Order Crocodylia, which includes the families
Alligatoridae (including caiman), Gavialidae, and Crocodylidae.
(iv) Country of origin shall mean the country from which the
crocodilian skins or parts were originally exported.
(v) Country of re-export shall mean those intermediary countries
that import and re-export crocodilian skins and/or products, except
that those countries through which crocodilian skins and/or products
are transmitted or transhipped while remaining under Customs control
shall not be considered to be imported or re-exported from the country.
(2) Prohibitions. The following prohibitions shall apply to the
Nile crocodile (Crocodylus niloticus) and saltwater crocodile
(Crocodylus porosus) originating in Australia or Papua New Guinea:
(i) Unlawful importation and exportation. Except as provided in
paragraph (c)(3) of this section, it shall be unlawful to import,
export, or present for export or re-export any Nile crocodile
(Crocodylus niloticus) or saltwater crocodile (Crocodylus porosus) or
their parts or products from a population listed as endangered,
threatened, endangered or threatened by similarity of appearance, or
listed on Appendix I or II of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES or Convention),
without appropriate permits required under parts 17 and 23.
(ii) Commercial importation. It shall be unlawful, in the course of
a commercial activity, to deliver, receive, carry, transport, or ship
in interstate or foreign commerce any Nile or saltwater crocodile
skins, products or parts imported unlawfully.
(iii) Commercial transactions. It shall be unlawful to sell or
offer for sale in interstate or foreign commerce any Nile or saltwater
crocodile skins, products or parts imported unlawfully.
(iv) All offenses defined in this paragraph (c) shall include the
attempt to commit, solicitation of another to commit, or cause to be
committed any such offense.
(3) Exceptions. The importation, exportation or re- exportation of
crocodilian skins, products or parts pursuant to exceptions listed in
this paragraph (c)(3) shall be in compliance with regulations in 50 CFR
parts 13, 14, and 23.
(i) Import, export or re-export of crocodilian skins. The import,
export or re-export into the United States of crocodilian skins of Nile
crocodiles listed in Appendix II of the Convention, and of saltwater
crocodiles originating in Australia and Papua New Guinea will be
allowed without permits required by 50 CFR part 17 provided the
following conditions are met:
(A) Each crocodilian skin, including both halves of a chaleco,
imported into or presented for export or re-export from the United
States after [date to be 1 year after effective date of the final rule]
must bear an intact, uncut tag from the country of origin in compliance
with 50 CFR part 23 including those provisions implementing the CITES
resolution on the universal tagging system;
(B) The same information as is on the tags shall 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 shall be validated by the
same issuing authority.
(C) The importer or exporter shall include a copy of each
Convention permit or certificate or identify the Convention permit/
certificate number and date of such permit/certificate from the
involved country of origin and each involved country of re-export for
each crocodilian skin imported or presented for export or re-export on
the permit or certificate, or on a separate sheet accompanying the
permit/certificate; and
(D) The Service has published a Notice of Information listing each
of the involved countries of origin and each involved country of re-
export indicating that each such country meets the criteria in
paragraphs (c)(3)(iii)(A) through (F) of this section.
(ii) Import, export or re-export of crocodilian products. Import,
export or re-export into the United States of crocodilian products of
Nile crocodiles listed in Appendix II of the Convention, and saltwater
crocodiles originating in Australia and Papua New Guinea will be
allowed without permits required by 50 CFR part 17 provided the
following conditions are met:
(A) For each crocodilian product imported into or presented for
export or re-export from the United States after [date to be 1 year
after the effective date of the final rule], the importer or exporter
shall include a copy of each Convention permit or certificate or
identify the Convention permit/certificate number and date of such
permit/certificate from the involved country of origin and each
involved country of re-export on the permit or certificate or on a
separate sheet accompanying the permit or certificate, except that such
importation history does not need to be provided for any portions of a
product which is 9 square inches, e.g., 3 inches on a side, or smaller;
and
(B) The Service has published a Notice of Information listing each
of the involved countries of origin and each involved country of re-
export indicating that each such country meets the criteria in
paragraphs (c)(3)(iii)(A) through (F) of this section.
(iii) Criteria. The Office of the Management Authority shall
identify the countries that meet the following criteria:
(A) The country of origin, at the time of export, and each re-
exporting country is, at the time of the import and re-export, a Party
of CITES and has not entered a reservation with respect to any species
of the Order Crocodylia;
(B) The country of origin, at the time of export, and each re-
exporting country, at the time of the import and re-export, has not
been identified in a resolution or action adopted by the Parties to the
Convention or a notification issued by the CITES Secretariat based on
action by the Convention's Standing Committee with an accompanying
recommendation to impose recommending a general (or crocodile-specific)
trade moratorium because of failure to properly implement the
Convention;
(C) The country of origin, at the time of export, and each re-
exporting country, at the time of import and re-export, has not been
identified in a resolution or action adopted by the Parties to the
Convention or a notification issued by the CITES Secretariat based on
action by the Convention's Standing Committee with an accompanying
recommendation to impose a general (or crocodile-specific) trade
moratorium because the country of origin or any country or re-export
does not have adequate domestic legislation to prohibit trade in
specimens in violation of the Convention, to penalize such trade, or to
confiscate illegally traded or possessed crocodilian skins or products;
(D) The country of origin, at the time of export, and each re-
exporting country, at the time of the import and re-export, has
submitted an annual report to the CITES Secretariat concerning its
international trade in species included in the appendices to the
Convention not later than October 31 of the year following the year for
which a report was due or has received an extension of time by the
CITES Secretariat;
(E) The country of origin at the time of export, and each re-
exporting country, at the time of the import and export, has provided
the CITES Secretariat with the name and address of the competent
Management Authority(s) and Scientific Authority(s) for their country;
and
(F) The country of origin has certified to the Office of Management
Authority that the country fulfills the criteria set forth as follows:
(1) It has the legal authority to inspect and seize or refuse entry
for unlawful shipments of crocodilian skins and products imported into
or exported from that country and has provided copies of such laws or
other authority to the Office of Management Authority;
(2) It has a legal requirement that crocodilian skins may not be
imported or exported without an attached, intact, uncut tag from the
country of origin which conforms to the CITES-adopted tag manufacture
and marking requirements;
(3) It physically inspects no less than 40 percent of the
crocodilian skin and product shipments imported into that country to
verify compliance with the CITES marking and tagging requirements and
to ensure proper identification of specimens indicated on CITES
documents; and
(4) If it is a country of manufacture, it requires its
manufacturers to maintain an inventory control system which accounts by
tag number for each crocodilian skin received and the type and quantity
of the crocodilian products produced, and has provided copies of laws,
regulations or decrees implementing such a control system to the Office
of Management Authority.
(iv) Importation of crocodilian skins directly from country of
origin. The importation of Nile crocodile skins for commercial purposes
from countries where the Nile crocodile is listed in Appendix II of
CITES, and the importation of skins of the saltwater crocodile from
Australia and Papua New Guinea, will be allowed without permits for
individual shipments otherwise required by 50 CFR part 17, if imported
directly from the country of origin (including shipments transited or
transshipped through a third country while under customs control) into
the United States if the crocodilian skin bears an intact, uncut tag
from the country of origin in compliance with 50 CFR part 23, including
those provisions implementing the CITES resolution on the universal
tagging system.
(v) Noncommercial accompanying baggage. The conditions of
paragraphs (c)(3)(ii) (A) and (B) of this section for products made of
Nile crocodile or of saltwater crocodile from Australia or Papua New
Guinea shall not apply to noncommercial accompanying personal baggage.
Furthermore, no permits required by 50 CFR part 17 will be required for
import of crocodilian skins and parts of Nile crocodile listed on
Appendix II or of saltwater crocodile from Australia or Papua New
Guinea when imported as non-commercial accompanying personal baggage.
(4) Publication of information. The Service shall publish
appropriate notices of information in the Federal Register that shall
list the countries that meet the conditions described in paragraph
(c)(3)(iii) of this section. Based on the notices published pursuant to
this section, the Service will maintain a current list of countries
that meet the conditions described in paragraph (c)(3)(iii) of this
section, and from which import or re-export of Nile crocodile from
countries where this species is listed in Appendix II of CITES and the
saltwater crocodile from Australia and Papua New Guinea will be allowed
with proper CITES export permits. A list of these countries is
available by writing: The Office of Management Authority, ARLSQ Room
420, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service, Arlington,
Virginia, 22203.
Dated: March 23, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-9395 Filed 4-18-94; 8:45 am]
BILLING CODE 4310-55-P