[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43405-43408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20461]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
RIN 1018-AC72
Export of American Alligators Taken in 1995 Through 1997
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) regulates international trade in certain
animal and plant species. As a general rule, exports of animals and
plants listed on Appendix II of CITES may occur only if a Scientific
Authority has advised a permit-issuing Management Authority that such
exports will not be detrimental to the survival of the species and if
the Management Authority is satisfied that the animals or plants were
not obtained in violation of laws for their protection. Based on
documentation presented for consideration by the CITES Parties in 1983,
the U.S. Fish and Wildlife Service (Service) has determined that the
American alligator is listed on Appendix II for reasons of similarity
in appearance under Article II.2(b) of CITES as well as the potential
threat to the species survival under CITES Article II.2(a).
On December 27, 1994, the Service published a notice (59 FR 66510)
proposing to grant export approval for legally taken American
alligators, alligator meat, parts, and products from previously
approved States for the 1995-1997 harvest seasons.
This document announces the final findings and rule by the U.S.
Scientific Authority and Management Authority that approve the export
of American alligators harvested during the 1995-1997 harvest seasons
from certain States previously approved for such export for the 1992-
1994 harvest seasons and for the State of Arkansas which was previously
approved for the 1994 harvest season. This rule also stipulates that
monitoring procedures previously established for this species be
continued.
In addition, references in the regulation concerning the manner in
which tags are to be attached to American alligator hides (full skins)
at the time of export and the conditions for export of parts and
products have been clarified.
EFFECTIVE DATE: August 21, 1995.
FOR FURTHER INFORMATION CONTACT: Scientific Authority: Dr. Charles W.
Dane, Office of Scientific Authority, Mail Stop: ARLSQ, Room 725, U.S.
Fish and Wildlife Service, Washington, DC 20240; telephone (703) 358-
1708; fax number (703) 358-2276.
Management Authority: Carol L. Carson, Office of Management
Authority, U.S. Fish and Wildlife Service, Room 420-C, 4401 N. Fairfax
Dr., Arlington, Virginia 22203; telephone (703) 358-2095; fax number
(703) 358-2280.
SUPPLEMENTARY INFORMATION: Since 1977, the Service has employed the
rulemaking process to develop and issue decisions on the export of
certain species under CITES. The reason for this approach is that it is
more effective to issue general decisions on the export of all
specimens of a species harvested in a given State and season than to
issue such decisions separately for each permit application. This is
especially true for CITES Appendix II species that are frequently
exported, such as the American alligator. On May 26, 1992 (57 FR
21896), the Service published rules granting export approval for
American alligators (Alligator mississippiensis) from specified States
for the 1992-1994 harvest seasons. Subsequently, based on advice from
the Office of Scientific Authority and the Office of Management
Authority, the Service also approved the export of farm-raised American
alligators from the State of Arkansas for the 1994 harvest season. The
purpose of this announcement and rule is to allow the export of legally
taken American alligators (hides, meat, parts, and products) for the
1995-1997 harvest years from previously approved States.
Scientific Authority Findings
Article II, paragraph 2, of CITES establishes that Appendix II
shall include:
``(a) All species which although not necessarily now threatened
with extinction may become so unless trade in specimens of such
species is subject to strict regulations in order to avoid
utilization incompatible with their survival; and
(b) Other species which must be subject to regulation in order
that trade in specimens of certain species referred to in sub-
paragraph (a) of this paragraph may be brought under effective
control.''
The American alligator is listed in Appendix II to respond both to
problems of potential threat to the survival of the species [CITES
Article II.2(a)] and of the similarity of appearance to other
crocodilians that are threatened with possible extinction [CITES
Article II.2(b)]. Article IV of CITES requires that an export permit
for any specimen of a species included in Appendix II shall only be
granted when certain findings have been made by the Scientific
Authority and Management Authority of the exporting country. The
marking of hides with specified tags, the marking and documentation of
shipments of meat and parts, and the issuance of export permits
specifically for American alligator parts and products are considered
sufficient to address the issue of identification due to similarity of
appearance between American alligators and other listed crocodilian
species. Because the American alligator is listed partly due to the
potential threat to its survival based on previous population declines
that have been reversed in most parts of its range in the United
States, the Service must determine that allowing exports and thereby
stimulating harvest will not be detrimental to the survival of the
species itself.
The U.S. Scientific Authority must develop advice on nondetriment
for the export of Appendix II species in accordance with Section 8A of
the Endangered Species Act (Act) of 1973, as amended. The Act states
that the Secretary of the Interior, ``shall base such determinations
and advice given by him under Article IV of the CITES with respect to
wildlife upon the best available biological information derived from
professionally accepted wildlife management practices; but is not
required to make, or require any State to make, estimates of population
size in making such determinations or giving such advice.''
Guidelines developed for Scientific Authority advice on exports of
American alligator under provisions of CITES Article II.2(a), are
summarized as follows:
A. Minimum requirements for biological information:
(1) The condition of the population, including trends (the method
of determination to be a matter of State choice) and population
estimates where such information is available;
[[Page 43406]]
(2) Total harvest of the species for each harvest season;
(3) Distribution of harvest; and
(4) Habitat evaluation.
B. Minimum requirements for a management program:
(1) There should be a controlled harvest with the methods and
seasons determined by the State;
(2) All hides, meat, and parts should be registered and marked; and
(3) Harvest level objectives should be determined annually by the
State.
In applying these guidelines, the Service considers the following
types of information on the conditions of the population: (a) a current
estimate [if such information is available] of the total number of
animals in the pre-harvest population derived by appropriate scientific
censusing methodology; (b) a description of ongoing research being
conducted to assess the distribution, abundance, or general condition
of the species in the State with a summarization of results obtained,
including results of any analysis of age structure or reproductive
parameters; and (c) an assessment of long-term population trends of the
species in the State and the relationship of these trends to habitat
conditions, management practices, harvest pressure, and/or other
factors.
Information on anticipated harvest to be considered by the Service
includes: (a) The number of animals to be harvested [by county or game
management unit, if data are available at these local levels]; (b) the
number of alligator hunters expected to be licensed; and (c) the time
of the harvest season.
In the case of the American alligator, as with most other wild
animals, the resource is monitored by a variety of techniques that
yield information used in evaluating the condition of a population. As
these data are accumulated over time, they reflect trends and call
attention to changes in the populations. Habitat information, indices
of population size, age and sex structure, and harvest information are
all used to evaluate population status. Although the Endangered Species
Act Amendments of 1982 provided that population estimates are not to be
required for the approval of export of Appendix II wildlife, if such
estimates are provided by the States or are otherwise available, they
will be considered together with information of the types listed above
in making findings on nondetriment.
In addition to considering the effect of trade on species or
populations native to the United States that are being exported, the
Scientific Authority will also monitor the status of the American
alligator to: (a) determine whether treatment of the American alligator
remains appropriate; and (b) detect any significant downward trends in
the populations and, where necessary, advise on more restrictive export
controls in response to these trends. This monitoring and assessment
will follow the same procedures adopted for other CITES-listed species
(see 49 FR 590, January 5, 1984). The Service will review information
on population status and harvest data relevant to the no detriment
finding process from each export-approved State, as appropriate. When
indicated by available information and a thorough review of accumulated
data, a determination can then be made about the treatment of this
species and whether the management program needs to be adjusted in a
particular State.
The status of the American alligator has dramatically improved
throughout its range since the species was placed under State and
Federal control. One of the primary reasons for this improvement has
been the effective management programs administered by State wildlife
agencies. The Service expects these management programs to continue to
be effective in conserving the American alligator in the future.
The export of American alligators taken in the 1992 through 1994
harvest seasons in certain States was previously approved by the
Service (57 FR 21896). In that rule, the Service found that current
information on the population status, management, and harvest available
from the States included in the rule, along with other information
collected by the Service, supported a finding that the export of
American alligators taken in accordance with State regulations in those
States and in those harvest seasons would not be detrimental to the
survival of the species in those States approved for export. The
Service's previous assessment of the status of the American alligator
under the Endangered Species Act was sufficient to support
reclassification of the species throughout its range from threatened to
threatened for similarity of appearance. This reclassification was
accomplished in different parts of its range as the biological status
of the American alligator improved. The following rulemaking documents
provide the rationale for the removal of threatened and endangered
listings: 40 FR 44412, September 26, 1975; 42 FR 2071, January 10,
1977; 44 FR 37130, June 25, 1979; 46 FR 40664, August 10, 1981; 48 FR
46332, October 12, 1983; 50 FR 25672, June 20, 1985; and 51 FR 19760,
June 2, 1986.
The Service's Office of Scientific Authority finds that current
information on population status, management, and harvest levels
relative to all the States in question fully supports a finding that
the export of American alligators taken in accordance with Service-
approved State regulations during the 1995-1997 harvest seasons will
not be detrimental to the survival of the species in the States
receiving export approval. Tagging of hides and the sealing and marking
of meat and parts by Service-approved States of origin and
documentation of shipments by the U.S. Management Authority provide
assurance that export will not reduce the effectiveness of CITES in
controlling trade in other species of crocodilians.
Management Authority Findings
Exports of Appendix II species are to be allowed under CITES only
if the Scientific Authority advises that the exports will not be
detrimental to the survival of the species and if the Management
Authority is satisfied that the specimens were not obtained in
contravention of laws enacted for their protection. The Service,
therefore, must be satisfied that the American alligator hides, meat,
or products being exported were not obtained in violation of State or
Federal laws for their protection. For the American alligator, evidence
of legal take is provided by Service-approved State export tagging and
container marking programs.
To assist these State export tagging programs, the Service annually
contracts for the manufacture and delivery of special CITES animal-hide
tags for Service-approved, export-qualified States.
In a Federal Register notice, published on April 24, 1986 (51 FR
15548), the Service announced the introduction, use, and protection of
a US-CITES tag symbol. This symbol appears on every Service-approved
export tag to provide legal evidence of U.S. export approval for
certain species listed on Appendix II of CITES. Hides marked with tags
that lack this US-CITES symbol are not legally exportable from the
United States.
Guidelines developed for Management Authority findings on State-
managed American alligator export programs, under provisions of CITES
Article IV.2(a), are summarized as follows:
(1) Current State alligator trapping, hide tagging, meat and parts
processing, marking, and shipping regulations must be on file with the
Office of Management Authority;
[[Page 43407]]
(2) Sample reporting forms, export tag, meat packing seal, parts
tag, and specifications of the State's standard meat and parts package/
container must be on file with the Office of Management Authority;
(3) The hide export tag must be durable and permanently locking,
and must show the US-CITES logo, State of origin, year of take,
species, and a unique serial number;
(4) The export tag, meat packing seal, and parts tag must be
applied to all hides, meat, or parts within a minimum time after take
or processing as specified by State law and such time should be as
short as possible to minimize movement of untagged hides, meat, or
parts;
(5) US-CITES tags must be inserted through the hide and permanently
locked in place using the locking mechanism of the tag and in
accordance with State requirements; other tags or seals must be
permanently attached as mandated by the State;
(6) All American alligator harvesters and processors must be State
registered;
(7) All American alligator hide, meat, and parts dealers must be
State registered;
(8) All State-registered American alligator harvesters, processors,
and dealers must make available their American alligator harvest and
commerce data to the State on at least an annual basis, as specified by
the State;
(9) State-registered American alligator dealers and State-licensed
harvesters authorized to attach export tags must account for tags
received and must return unused tags to the State within a time
specified by the State after the taking season closes; and
(10) When manufactured hide products are to be exported from the
United States, the CITES export tags that were removed from the hides
contained in the products must be surrendered to the Service prior to
export.
The Service's Management Authority has reviewed the American
alligator export tagging programs of all previously approved States and
has found that these programs fully meet the guidelines listed above.
The Service hereby approves exports of 1995-1997 harvested American
alligators, hides, meat, and parts from the States receiving export
approval on the grounds that both Scientific Authority and Management
Authority export requirements are satisfied.
Multi-Year Findings
The Service has monitored existing State programs for the American
alligator in most of the previously approved States for many years and
expects these States will continue to satisfy CITES requirements.
States seeking for the first time to establish a harvest program for
American alligators should apply for CITES export approval no later
than January 2 of the year before they plan to initiate such a program.
To ensure that export-approved States maintain successful programs and
that export is not detrimental to the survival of the species, the
Service plans to continue annual monitoring of State management and
export marking programs through evaluation of State annual reports and
export reports from U.S. ports. Annual State program reports should be
provided to the Office of the Management Authority (address given
above) for review no later than May 31 of each year.
This rule extends export approval for the States that were approved
for export in previous years, including Arkansas which was approved for
1994, for the 1995-1997 harvest seasons. South Carolina's request to
expand its nuisance alligator program to include the take of alligators
from the wild on private lands under a State management system has been
approved by letter for 1995. Extension of this approval beyond 1995
will be published separately in the Federal Register as a proposed
rule.
The findings announced in this notice are effective immediately. It
is the Service's opinion that a delay in the effective date of the
regulations after this final rulemaking is published could adversely
impact the species by preventing the international marketing of the
hides and meat (where commercial harvest is an important part of the
State conservation programs) thereby reducing the incentive for takers
or dealers to comply with State requirements in the approved States.
The Service, therefore, finds that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, for
these regulations to take effect immediately under 5 U.S.C. 553(d)(1).
Public Comment
One written comment, from the State of Louisiana, was received
during the comment period. The State agrees with the minor changes that
were made to the previous rule and suggested that in Sec. 23.57.3(b)(4)
the following sentence be deleted: ``Large individual parts shall have
a parts tag permanently attached.'' With the deletion of this sentence,
the rule would not be inconsistent with the requirements recently
incorporated into the CITES Universal Tagging System for the
Identification of Crocodilians. Therefore, the Service agrees with the
State of Louisiana and has deleted the sentence.
Effects of the Rule and Required Determinations
The Service has determined that this rule is not a major Federal
action significantly affecting the quality of the human environment
under the National Environmental Policy Act (42 U.S.C. 4321-4347), and
therefore the preparation of an environmental impact statement is not
required.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. For the 1995-97 harvest years, the Service
analyzed the impacts and again concluded that the 3-year rule was not a
major rule and did not have significant economic effects on a
substantial number of small entities as outlined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because the rule treats exports
on a State-by-State basis and approves export in accordance with State
programs, the rule would have little effect on small entities in and of
itself. The rule would allow continued international trade in American
alligators in accordance with CITES, and it does not contain any
Federalism impacts as described in Executive Order 12612.
It also has been determined that this rule does not contain
information collection requirements that require approval by OMB under
44 U.S.C. 3501 et seq.
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, Treaties.
PART 23--ENDANGERED SPECIES CONVENTION
Accordingly, the Service proposes to amend part 23 of title 50,
Code of Federal Regulations, as set forth below:
1. The authority citation for Part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 108; and Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
2. In Sec. 23.57, paragraph (a) is revised as follows:
Sec. 23.57 American alligator (alligator mississippiensis).
* * * * *
(a) 1979-1997 harvests (wild and farm-raised for each year unless
noted).
[[Page 43408]]
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AL AR FL GA LA MS SC TX
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1979............................ - - + - + - - -
1980............................ - - + - + - - -
1981............................ - - + - + - - -
1982............................ - - + - + - - -
1983............................ - - + - + - - -
1984............................ - - + - + - - +
1985............................ - - + - + - - +
1986............................ - - + - + - - +
1987............................ - - + - + - - +
1988............................ - - + + + - + +
1989............................ + - + + + + + +
1990............................ + - + + + + + +
1991............................ + - + + + + + +
1992............................ + - + + + + + +
1993............................ + - + + + + + +
1994............................ + F + + + + + +
1995............................ + F + + + + + +
1996............................ + F + + + + + +
1997............................ + F + + + + + +
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+ = export approved.
F = export approved for farm-raised only.
- = export not approved.
* * * * *
3. Section 23.57, American alligator (Alligator mississippiensis),
the heading of paragraph (b) and paragraphs (b)(1), (2), (4), and (5)
are revised as follows:
* * * * *
(b) Condition on initial export from the United States. (1) Each
hide (full skin) must be clearly identified by a durable, permanently
locking Convention export tag bearing a legend showing the US-CITES
logo, State of origin, species, year of take, and a unique serial
number. The tag must be inserted through the hide and permanently
locked in place using the locking mechanism of the tag and in
accordance with State requirements. Hides with broken tags may not be
exported. Prior to export and upon submission of documentation to show
legality of the hide, broken tags may be replaced with CITES
replacement tags. Hides with valid CITES replacement tags are eligible
for export.
(2) US-CITES export tags that were removed from the hides used to
manufacture products to be exported must be surrendered to the Service
prior to the export of those products.
* * * * *
(4) Small parts such as tails, throats, feet, or backstrips shall
be packed in transparent, sealed containers clearly marked with a parts
tag. Parts tags shall supply at a minimum the State of origin, species,
original hide export tag number, and weight of the parts in the
container.
(5) American alligator skulls shall be marked as required by State
law. This marking shall include, at a minimum, reference to a valid US-
CITES tag number.
Dated: July 11, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-20461 Filed 8-18-95; 8:45 am]
BILLING CODE 4310-55-P