[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30053]
[[Page Unknown]]
[Federal Register: December 7, 1994]
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DEPARTMENT OF THE INTERIOR
Convention on International Trade in Endangered Species (CITES)
Notification; Recommendations From CITES Secretariat on Prohibitions of
Trade in Certain Animal Species From Twelve Countries
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Information No. 23.
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SUMMARY: This is a schedule III notice. Wildlife subject to this notice
is subject to detention, refusal of clearance or seizure, and
forfeiture if imported into the United States. Violators may also be
subject to criminal or civil prosecution. On April 21, 1994, the CITES
Secretariat issued Notification to the Parties No. 800 urging the
Parties to suspend imports of certain animal species from the following
twelve countries: Argentina, Azerbaijan, China, India, Indonesia,
Latvia, Lithuania, Peru, Republic of Moldova, Togo, Ukraine, and the
United Republic of Tanzania. This notification was based on a decision
made by the CITES Standing Committee during meeting held in March,
1994, which asked CITES Party countries to suspend imports in certain
animal species from the affected countries. This action was required by
CITES Resolution Conference 8.9, adopted at the Eighth Meeting of the
Conference of the Parties in Kyoto, Japan, in 1992, which established a
procedure for developing remedial actions and implementing them through
import suspensions, if voluntary compliance by exporting countries is
not satisfactory.
DATES: This notice is effective on December 7, 1994. This notice will
be effective until further notice. The import measures announced in
this notice shall apply to shipments of wildlife which have a date of
export fifteen (15) days after the effective date of this Notice.
FOR FURTHER INFORMATION CONTACT: Mr. Marshall P. Jones, Chief, or Dr.
Susan S. Lieberman, U.S. Fish and Wildlife Service, Office of
Management Authority, 4401 N. Fairfax Dr., room 420C, Arlington, VA
22203, telephone (703)358-2093, regarding Notification to the Parties
No. 800, or Frank S. Shoemaker Jr., Special Agent in Charge,
Investigations, U.S. Fish and Wildlife Service, Division of Law
Enforcement, 4401 N. Fairfax Drive., room 500, Arlington, VA 22203,
telephone (703)358-1949, for enforcement actions.
SUPPLEMENTARY INFORMATION: Article IV, paragraph 2(a) of the CITES
treaty allows commercial and noncommercial trade in species listed in
CITES Appendix II, but export permits for such trade may be issued only
if a designated Management Authority of the country has determined that
the specimens were legally acquired, and if a designated Scientific
Authority of that country has advised the Management Authority that the
export will not be detrimental to the survival of the species. Article
IV, paragraph 3 goes on to require that exports of Appendix II species
be limited in any way necessary to ensure that the population level of
a species is consistent with that species' role in its ecosystem and
that the population level of that species be maintained well above the
level where it might qualify for inclusion in Appendix I.
Over the past decade, CITES parties have become increasingly
concerned that certain Appendix II species are subject to particularly
high volumes of trade without sufficient biological data for Scientific
Authorities to make the necessary judgments that exports are not
detrimental to the species, as required by Article IV. In 1983, CITES
parties adopted a resolution at the Fourth Conference of the Parties in
Gaborone, Botswana, acknowledging that many parties are not effectively
implementing Article IV and thus risk losing the benefits of continued
availability of these resources. This resolution, Conf. 4.7,
established a project to identify Appendix II species involved in
significant levels of international trade, and to develop and negotiate
with exporting and importing countries whatever measures were necessary
to bring trade down to levels consistent with Article IV.
In 1987, at the Sixth Conference of the Parties in Ottawa, Canada,
parties charged the newly established CITES Animals Committee with the
task of establishing a list of Appendix II species being significantly
affected by trade, reviewing all available information, and formulating
remedial measures for these species. The CITES Secretariat coordinated
or contracted for studies to develop lists of mammal, bird, and reptile
species and collect relevant information about these species, in
cooperation with the IUCN World Conservation Union. The U.S. Fish and
Wildlife Service (Service) cooperated with and provided financial
support for a number of these studies.
At the Eighth Conference of the Parties in 1992, in Kyoto, Japan,
CITES parties adopted a resolution developed by the CITES Animals
Committee which recognized that substantial trade in wild-caught
animals was still going on contrary to the provisions of Article IV,
and that necessary remedial measures were not being properly
implemented. This resolution, Conf. 8.9, established a formal process
for the Animals Committee to develop remedial measures, including
``zero quotas'' (that is, temporary trade bans) when appropriate; for
the Secretariat to communicate these recommendations to the exporting
countries; and, where exporting countries do not satisfactorily
implement the measures, for the CITES Standing Committee to call on
parties to suspend imports of these species from the offending
countries until they are in compliance.
During meetings of the Animals Committee in 1992 and 1993, attended
by representatives of the Service, remedial measures were developed and
subsequently communicated to exporting countries by the Secretariat.
The Standing Committee reviewed reports from the Secretariat of
compliance and noncompliance with these remedial measures during three
meetings in 1993 and 1994. The Service represented the United States in
these meetings, with the Department of State. During the last of these
meetings, held in Geneva, Switzerland, in March, 1994, the Standing
Committee directed the Secretariat to issue a formal notice calling for
a suspension of trade in particular Appendix II species from twelve
CITES parties.
Accordingly, on April 21, 1994, the Secretariat issued Notification
to the Parties number 800, calling for a suspension of imports of these
species from the affected countries. Implementation of these
restrictions is necessary to stop trade considered to be detrimental to
the survival of the species and thus in contravention of the
requirements of CITES Article IV. CITES parties failing to implement
these trade suspensions would be contributing to the decline of the
affected species, and would be subject to formal citation in the CITES
Infractions Report and possible censure by the CITES Conference of the
Parties.
Pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531-
1544), the U.S. Fish and Wildlife Service is granted the authority to
detain, refuse clearance of, or seize any fish or wildlife or plants
that are imported into the United States in violation of CITES.
Regulations contained in 50 CFR 14.53(c) indicate that refusal of
clearance of imported wildlife is warranted if there are reasonable
grounds to believe that documentation for the clearance of such
wildlife is not valid. Similarly, regulations contained in 50 CFR
23.12(a)(2) require that all imports of Appendix II wildlife into the
United States be accompanied by a valid foreign export permit or re-
export certificate, unless an exemption applies. The Service agrees
with notification to the Parties number 800 and believes that any
permits issued for the indicated species by the affected countries are
not valid because required findings of ``non-detriment'' and/or lawful
acquisition have not been credibly demonstrated by the exporting
countries in light of the significant trade level in particular
Appendix II species.
The subjects of this notice are as follows:
A. Subject
Argentina: ban on imports of specimens of guanaco (Lama guanicoe).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Lama guanicoe
specimens from Argentina.
Action by the Fish and Wildlife Service
Based on information received, Argentina has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the Management Authority of Argentina must advise the
CITES Secretariat of the following: the biological basis for its
management program for Lama guanicoe, the procedures used for
controlling exports of Lama guanicoe, and the results of an
investigation on reports of undocumented trade in Lama guanicoe meat.
Therefore, in accordance with the responsibility of the United States
under CITES, and effective immediately and until further notice from
the U.S. Fish and Wildlife Service, no shipments of specimens of Lama
guanicoe may be imported into the United States, directly or
indirectly, from Argentina, unless an exemption in CITES Article VII
applies.
B. Subject:
Azerbaijan: ban on imports of specimens of Eurasian lynx (Felis
lynx).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis lynx
specimens from Azerbaijan.
Action by the Fish and Wildlife Service
Based on information received, Azerbaijan has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the government of Azerbaijan must comply with the primary
recommendation of the CITES Animals Committee for Felis lynx, which is
designated as a significant trade species. Although Azerbaijan is not a
CITES Party, the Russian Federation continues to conduct all CITES
permit matters for Azerbaijan. Therefore, in accordance with the
responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Felis lynx may be imported into
the United States, directly or indirectly, from Azerbaijan, unless an
exemption in CITES Article VII applies.
C. Subject
Peoples Republic of China: ban on imports of specimens of leopard
cat (Felis bengalensis) and Oriental rat snake (Ptyas mucosus).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis
bengalensis and Ptyas mucosus specimens from China.
Action by the Fish and Wildlife
Based on information received, the People's Republic of China has
not satisfactorily implemented the recommendations of the CITES
Standing Committee. Specifically, the Management Authority of China
must advise the CITES Secretariat of the following: improved national
legislation for the protection of Felis bengalensis, the scientific
basis of the management program for Felis bengalensis and Ptyas
mucosus, export quotas for Felis bengalensis, an inventory of
stockpiles of skins of Felis bengalensis, and a system to mark all
skins of Felis bengalensis that enter trade. Therefore, in accordance
with the responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Felis bengalensis and Ptyas
mucosus may be imported into the United States, directly or indirectly,
from the People's Republic of China, unless an exemption in CITES
Article VII applies.
D. Subject
India: ban on imports of specimens of Indian bullfrog (Rana
tigerina) and Asian bullfrog (Rana hexadactyla).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Rana tigerina
and Rana hexadactyla specimens from India.
Action by the Fish and Wildlife Service
Based on information received, India has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the Management Authority of India should advise the CITES
Secretariat of the following: Details of national legislation and
management programs for Rana tigerina and Rana hexadactyla, and any
progress in the initiation of studies to determine safe harvest levels
and the ecological impact of harvesting Rana tigerina and Rana
hexadactyla. Therefore, in accordance with the responsibility of the
United States under CITES, and effective immediately and until further
notice from the U.S. Fish and Wildlife Service, no shipments of
specimens of Rana tigerina and Rana hexadactyla may be imported into
the United States, directly or indirectly, from India, unless an
exemption in CITES Article VII applies. However, CITES Secretariat
Notification to the Parties No. 818 states that India has declared that
the harvesting and export of specimens of the genus Rana are
prohibited. Therefore, the Secretariat is satisfied that no further
action need be taken by India in order to implement the recommendation
of the CITES Animal Committee. The Secretariat further recommends that
imports from India of specimens of the genus Rana should still be
prohibited in deference to the prohibitions established by India.
E. Subject
Indonesia: ban on imports of specimens of lesser sulphur-crested
cockatoo (Cacatua sulphurea) and Oriental rat snake (Ptyas mucosus).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Cacatua
sulphurea and Ptyas mucosus specimens from Indonesia. Furthermore,
reference is made to regulatory improprieties by Indonesia as regards
trade in specimens of Ptyas mucosus (Doc 6.19, No. C.1), and trade in
specimens of Cacutua species (Doc 8.19, No. 66).
Action by the Fish and Wildlife Service
Based on information received, Indonesia has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the Management Authority of Indonesia must notify the
CITES Secretariat of the following: The establishment of a moratorium
on the exports of Cacatua sulphurea pending the outcome of population
surveys, and the scientific basis for its harvest quotas of Ptyas
mucosus and the introduction of a system to ensure that exports of
skins of Ptyas mucosus do not exceed quotas. Therefore, in accordance
with the responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Cacatua sulphurea and Ptyas
mucosus may be imported into the United States, directly or indirectly,
from Indonesia. In addition, the Wild Bird Conservation Act of 1992
already prohibits the importation of specimens of Cacatua sulphurea.
Specimens of Ptyas mucosus are allowed to be imported only in those
cases where an exemption in CITES Article VII applies and all other
requirements of Federal law are satisified.
F. Subject
Latvia: ban on imports of specimens of Eurasian lynx (Felis lynx).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis lynx
specimens from Latvia.
Action by the Fish and Wildlife Service
Based on information received, Latvia has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the government of Latvia must notify the CITES
Secretariat of the following: when an export quota of Felis lynx has
been approved, and provide a clarification as to whether this quota
includes specimens that can be hunted, skins already on hand, or both.
Therefore, in accordance with the responsibility of the United States
under CITES, and effective immediately and until further notice from
the U.S. Fish and Wildlife Service, no shipments of specimens of Felis
lynx may be imported into the United States, directly or indirectly,
from Latvia, unless an exemption in CITES Article VII applies.
G. Subject
Lithuania: ban on imports of specimens of Eurasian lynx (Felis
lynx).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITIES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis lynx
specimens from Lithuania.
Action by the Fish and Wildlife Service
Based on information received, Lithuania has not satisfactorily
implemented the recommendations of the CITIES Standing Committee.
Specifically, the government of Lithuania must comply with the primary
recommendation of the CITES Animals committee for Felis lynx, which is
designated as a significant trade species. Therefore, in accordance
with the responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Felis lynx may be imported into
the United States, directly or indirectly, from Lithuania, unless an
exemption in CITES Article VII applies.
H. Subject
Peru: ban on imports of specimens of Red-masked conure (Aratinga
erythrogenys).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITIES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Aratinga
erythrogenys specimens from Peru.
Action by the Fish and Wildlife Service
Based on information received, Peru has not satisfactorily
implemented the recommendations of the CITES Standing committee.
Specifically, the Management Authority of Peru should notify the CITES
Secretariat of the following: The establishment and announcement of an
annual export quota for Aratinga erythrogenys that is consistent with
sustainable offtake, and the scientific basis for the management
program for Aratinga erythrogenys. Therefore, in accordance with the
responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Aratinga erythrogenys may be
imported into the United States, directly or indirectly, from Peru. In
addition, the Wild Bird Conservation Act of 1992 already prohibits the
importation of specimens of Aratinga erythrogenys without the required
permits being issued by the Service.
I. Subject
Republic of Moldova: ban on imports of specimens of Eurasian lynx
(Felis lynx).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITIES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis lynx
specimens from the Republic of Moldova.
Action by the Fish and Wildlife Service
Based on information received, the Republic of Moldova has not
satisfactorily implemented the recommendations of the CITES Standing
Committee. Specifically, the government of the Republic of Moldova must
comply with the primary recommendation of the CITES Animals Committee
for Felis lynx, which is designated as a significant trade species.
Although the Republic of Moldova is not a CITES Party, the Russian
Federation continues to conduct all CITES permit matters for the
Republic of Moldova. Therefore, in accordance with the responsibility
of the United States under CITES, and effective immediately and until
further notice from the U.S. Fish and Wildlife Service, no shipments of
specimens of Felis lynx may be imported into the United States,
directly or indirectly, from the Republic of Moldova, unless an
exemption in CITES Article VII applies.
J. Subject
Togo: ban on imports of specimens of ball python (Python regius).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Python regius
specimens from Togo.
Action by the Fish and Wildlife Service
Based on information received, Togo has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the Management Authority of Togo should advise the CITES
Secretariat of the following: the establishment of a scientifically
based sustainable-use management program including export controls for
Pythron regius. Therefore, in accordance with the responsibility of the
United States under CITES, and effective immediately and until further
notice from the U.S. Fish and Wildlife Service, no shipments of
specimens of Python regius may be imported into the United States,
directly or indirectly, from Togo, unless an exemption in CITES Article
VII applies.
K. Subject:
Ukraine: ban on imports of specimens of Eurasian lynx (Flexis
lynx).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Felis lynx
specimens from Ukraine.
Action by the Fish and Wildlife Service
Based on information received, Ukraine has not satisfactorily
implemented the recommendations of the CITES Standing Committee.
Specifically, the government of Ukraine must comply with the primary
recommendation of the CITES Animals Committee for Felis Lynx, which is
designated as a significant trade species. Therefore, in accordance
with the responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Felis lynix may be imported into
the United States, directly or indirectly, from Ukraine, unless an
exemption in CITES Article VII applies.
L. Subject:
United Republic of Tanzania: ban on imports of specimens of Fishers
Lovebird (Agapornis fisheri) and Pancake tortoise (Malacochersus
tornier).
This is a Schedule III Notice
Wildlife subject to this notice is subject to detention, refusal of
clearance or seizure, and forfeiture if imported into the United
States.
Source of Foreign Law Information
CITES Secretariat Notification to the Parties No. 800, issued on
April 21, 1994, calls on Parties to suspend imports of Agapornis
fischeri and Malaco-chersus tornieri specimens from the United Republic
of Tanzania. Furthermore, reference is made to regulatory improprieties
by Tanzania as regards trade in specimens of Agapornis species (Doc
8.19, No. 54), and trade in specimens of Malacochersus tornieri (Doc
81.9, No. 90).
Action by the Fish and Wildlife Service
Based on information received, the United Republic of Tanzania has
not satisfactorily implemented the recommendations of the CITES
Standing Committee. Specifically, the Management Authority of the
United Republic of Tanzania must advise the CITES Secretariat of the
following: the initiation of population surveys for Agapornis fischeri
and Malacochersus tornieri and, the introduction of a moratorium on
trade of Malacochersus tornieri pending the results of the population
survey and the establishment of a sustainable-use management program
for Malacochersus tornieri. Therefore, in accordance with the
responsibility of the United States under CITES, and effective
immediately and until further notice from the U.S. Fish and Wildlife
Service, no shipments of specimens of Agapornis fischeri and
Malacochersus tornier may be imported into the United States, directly
or indirectly, from the United States Republic of Tanzania. In
addition, the Wild Bird Conservation Act of 1992 already prohibits the
importation of specimens of Agapornis fischeri without the required
permits being issued by the Service. Shipments of Malacochersus
tornieri that are covered by, and comply with, the terms of an
exemption in CITES Article VII may be imported if all other
requirements of Federal law are satisfied.
Dated: October 28, 1994.
George T. Frampton, Jr.,
Assistant Secretary of Fish and Wildlife and Parks.
[FR Doc. 94-30053 Filed 12-6-94; 8:45 am]
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