[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





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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) * * *

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                      Species                                                  Vertebrate population                                                    
---------------------------------------------------      Historic range         where endangered or      Status    When listed    Critical     Special  
       Common name             Scientific name                                       threatened                                   habitat       rules   
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                                                                      * * * * * * *                                                                     
                                                                                                                                                        
        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.

 * * * * *
    (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