[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10601]


[[Page Unknown]]

[Federal Register: May 4, 1994]


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DEPARTMENT OF THE INTERIOR
 

Development of Permit Policy for Import of Giant Pandas; 
Suspension of Consideration of Giant Panda Import Permit Applications, 
and a Review of Existing Policy on Giant Panda Import Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that it 
is suspending the review and processing of all future import permit 
applications of giant pandas for temporary exhibition and/or captive-
breeding loans until it has completed an evaluation of available 
information and existing policies and guidelines relating to the import 
of giant pandas and has published a new panda policy. This will allow 
the agency to examine the potential impact of future imports on the 
survival of the giant panda. The Service will consider whether, and if 
so, how such imports into the United States might contribute to giant 
panda conservation. Any draft policy or guidelines developed as a 
result of this review will be published in the Federal Register for 
public review and comment. A public working meeting or meetings will be 
used to assist the Service in formulating the draft policy.

DATES: Public comments on this notice will be accepted until June 30, 
1994. A public working meeting will be held on May 26, 1994, at 2:00 
p.m., at 4401 Fairfax Drive, Room 200, Arlington, Virginia, 22203.

ADDRESSES: Comments may be submitted to the Chief of the Office of 
Management Authority, U.S. Fish and Wildlife Service, 4401 North 
Fairfax Drive, Room 420(c), Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Mr. Marshall P. Jones, Chief, Office 
of Management Authority, at the above address, or call (703) 358-2093.

SUPPLEMENTARY INFORMATION: The giant panda (Ailuropoda melanoleuca) is 
subject to U.S. and international protection as a result of its listing 
as an endangered species under the U.S. Endangered Species Act and its 
inclusion in Appendix I to the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES). Section 2(b) of the 
Endangered Species Act (Act) states that the purposes of the Act 
``...are to provide a means whereby the ecosystems upon which 
endangered species and threatened species depend may be conserved, to 
provide a program for the conservation of such endangered species and 
threatened species, and to take such steps as may be appropriate to 
achieve the purposes of the treaties and conventions set forth in 
subsection (a) of this section.'' CITES is one of the Conventions cited 
in subsection (a) of this statement.
    The Service is responsible for deciding whether to issue import and 
export permits required by the Act and CITES for giant panda loans. 
Therefore, the Service must determine whether the purposes for such 
imports influence the continued existence of giant pandas in the wild. 
The Service believes that existing regulations and policy, including 
its March 14, 1991 ``Policy on Giant Panda Import Permits'' (56 FR 
10809) have been sufficient for individual panda import permit 
decisions made to date. However, there is the possibility that an 
increasing number of import permits for numerous pandas will be sought 
for captive breeding purposes in the United States in the near future.
    Before any import permit will be granted, it must be reviewed in 
terms of the application requirements of CITES and the Act by the 
Service's Offices of Management and Scientific Authorities. Issuance of 
an import permit under CITES requires prior findings that: (1) the 
proposed import would not be for purposes detrimental to the survival 
of the species; (2) the import would not be for primarily commercial 
purposes; and (3) the permit applicant is suitably equipped to house 
and care for the animal(s). Issuance of a permit under the Act requires 
prior determinations that, among other things: (1) the import would be 
for scientific purposes or to enhance the propagation or survival of 
the species in a manner consistent with the purposes and policies of 
the Act; and (2) issuance of the import permit would not be likely to 
jeopardize the continued existence of the species. These requirements 
are further implemented by application requirements and issuance 
criteria found in 50 CFR 13.12, 17.22, 23.14, and 23.15. With regard to 
making the first finding listed above under both CITES and the 
Endangered Species Act, the issue is whether the detrimental effects 
that might result from a loan would be sufficiently offset by specific 
enhancement features to allow a determination that the import would be 
for purposes that are not detrimental and that would, in fact, enhance 
the survival of the species.
    While the Service was processing a previous application to import a 
pair of giant pandas for a temporary exhibition loan, the CITES 
Secretariat requested that the Service reevaluate its ``Policy on Giant 
Panda Import Permits'' for temporary exhibition loans. Therefore, the 
Service published a notice in the Federal Register on June 29, 1992 (57 
FR 28825), requesting public comments on this policy. Before this 
evaluation was completed, the Service received additional applications 
for the import of giant pandas for purposes other than for temporary 
exhibition loans, and determined the need for additional review and 
comment, resulting in this notice. To date, comments received have not 
been incorporated into any revision of its existing policy, since such 
comments only were solicited on temporary exhibition loans.
    On February 19, 1993, the Service received an application from the 
Zoological Society of San Diego to import a pair of giant pandas for a 
captive-breeding loan. Shortly afterwards, on April 20, 1993, the 
American Zoo and Aquarium Association (AZA) announced the development 
of a Giant Panda Conservation Action Plan, which currently includes 
approximately 29 zoological institutions that have agreed to 
participate in a giant panda captive-breeding program in North America.
    It is estimated that there are fewer than 1000 giant pandas 
remaining in the wild in scattered and isolated populations, and that 
approximately 100 are held in captivity. Conservation of the giant 
panda appears to involve two broad areas of activities: habitat 
protection, management and expansion; and the captive breeding of 
animals with the ultimate goal of reintroductions into available 
habitat. The primary concerns associated with individual giant panda 
import permit applications are: (1) the potential for stimulating the 
unwarranted removal of additional pandas from the wild; (2) the need 
for a clear connection between imports and conservation activities for 
giant pandas; (3) the need to ensure that imports will not disrupt or 
defer existing captive-breeding efforts; and (4) the potential for 
planned captive-breeding efforts in the U.S. to maximize the 
probability of enhancing international captive-breeding efforts. With 
the possibility of receiving an increased number of import permit 
applications for giant pandas for public exhibition and/or captive 
breeding purposes, the Service feels that a re-examination of the long-
range implications of panda imports is necessary to further ensure that 
such imports best serve the conservation needs of the species.
    In response to these rapidly developing events and the increased 
interest in a coordinated captive-breeding program for the giant panda, 
the Service has decided to suspend the review and processing of future 
permit applications for the import of giant pandas until it has had an 
opportunity to evaluate additional and pertinent information on the 
subject, and has developed, if necessary, new policy or guidelines for 
the issuance of import permits for giant pandas. During this moratorium 
the Service will evaluate the potential effects of further loans on the 
survival of the giant panda, including the cumulative impacts of an 
anticipated increase in the number of import permit applications from 
U.S. institutions.
    As part of the review process, the Service will convene a public 
working meeting on May 26, 1994, (see DATES section of this notice), 
and perhaps additional meetings, to provide active participation in the 
process of developing a proposed policy. The meeting will provide an 
opportunity for discussion of specific topics presented below. 
Interested organizations and individuals that cannot participate in the 
meeting may submit comments on these issues to the address given above 
(see ADDRESSES section) by June 30, 1994.
    In addition, at appropriate times during the review the Service 
will engage in direct discussions with representatives of the 
government of the People's Republic of China, and with the Secretariat 
of CITES in Geneva, Switzerland. Such discussions will be designed to 
ensure full understanding of the respective policies and goals of each 
country for implementation of CITES in general and for panda 
conservation in particular.

PUBLIC COMMENTS SOLICITED: The Service intends to complete the review 
and development of any necessary new policy or guidelines as quickly as 
possible. Interested organizations and the public are invited to 
comment on the existing need for new policy or guidance for the 
evaluation of giant panda import permit applications in the future, to 
suggest criteria that should be included or considered when developing 
new policy or guidance, and to suggest any other issues relative to 
giant panda conservation that the Service should consider during this 
review. Suggested criteria should take into account the necessary 
applicability of the requirements of the Endangered Species Act and 
CITES regarding permit issuance. Any draft policy or guidelines 
developed as a result of this review will be published in the Federal 
Register for review and comment.

    Authority: The authority for this action is the Convention on 
International Trade in Endangered Species (TIAS 8249), the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 
and the Federal Advisory Committee Act.

    Dated: April 21, 1994.
George T. Frampton, Jr.,
Assistant Secretary--Fish and Wildlife and Parks.
[FR Doc. 94-10601 Filed 5-3-94; 8:45 am]
BILLING CODE 4310-55-P