[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]
BILLING CODE 4310-55-P