[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Proposed Rules]
[Pages 3894-3898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2208]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
Export of Box Turtles From the United States in 1996
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Request for Information and Comment.
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SUMMARY: Information is solicited to assist the Fish and Wildlife
Service in (1) making an export finding for box turtles for 1996, as
required under The Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), and (2) evaluating the
feasibility of breeding of box turtles in captivity for export.
International Air Transport Association (IATA) Live Animals
Regulations, as they apply to shipment of box turtles, are described,
and comment is invited on IATA shipping container requirements for live
box turtles.
DATES: Comments and information must be received by March 4, 1996.
ADDRESSES: Please send correspondence concerning this notice to the
Office of Scientific Authority; Mail Stop 725, Arlington Square; U.S.
Fish and Wildlife Service; Department of the Interior; Washington, D.C.
20240. The fax number is (703) 358-2276. Express and messenger-
delivered mail should be addressed to the Office of Scientific
Authority; 4401 North Fairfax Drive, Room 750; Arlington, Virginia
22203. Comments and other information received are 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: Scientific Authority finding--Dr.
Marshall A. Howe, Office of Scientific Authority, phone (703) 358-1708;
fax (703) 358-2276; e-mail [email protected]. Management
Authority finding and export permits--Mr. Scott Hicks, Office of
Management Authority, phone (800) 358-2104; fax (703) 358-2281.
SUPPLEMENTARY INFORMATION: Publication of this notice has occurred
later than planned, because of the unexpected furlough of most
Department of the Interior employees in December, 1995 and January,
1996. Nevertheless, the Fish and Wildlife Service (Service) believes
that public input is important and has allowed for a 30-day public
comment period. The Service realizes that the collecting period for
turtles by commercial dealers in Louisiana is highly seasonal and will
therefore issue its advice as promptly as possible after all public
input has been thoroughly considered. It is the Service's intent to be
able to issue export permits, if warranted, by March 15, 1996.
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) regulates import, export, re-export, and
introduction from the sea of certain animal and plant species. Species
for which trade is controlled are included in one of three Appendices.
Appendix I includes species threatened with extinction that are or may
be affected by international trade. Appendix II includes species that,
although not necessarily now threatened with extinction, may become so
unless the trade is strictly controlled. Appendix III includes species
that any Party country identifies as being subject to regulation within
its jurisdiction for purposes of preventing or restricting
exploitation, and for which it needs the cooperation of other Parties
to control trade.
International trade in Appendix II species is permitted only if
shipments are accompanied by either an export permit issued by the
country-of-origin, or a re-export certificate issued by an intermediary
country. Before such
[[Page 3895]]
export permits can be issued, the designated Scientific Authority of
the country-of-origin must make a finding that the exports will not be
detrimental to the survival of the species (``non-detriment finding'');
and the designated Management Authority of the country-of-origin must
determine that the specimens to be exported were obtained legally and,
for live specimens, that they are treated and shipped so as to minimize
the risk of injury, damage to health, or cruel treatment [50 CFR
23.15(d)]. The Scientific Authority is also charged with monitoring the
export permits and actual exports of Appendix II species on an ongoing
basis, to ensure that the export remains at a level well below that
which might make the species eligible for inclusion in Appendix I.
Non-Detriment Findings for Species Exported in Large Numbers
In making non-detriment export findings for Appendix II animal
species traded in large numbers, Scientific Authorities consider such
factors as whether take of the species or similar species in the past
may have contributed to a reduction in its numbers or distribution, or
whether life history traits indicate a potential vulnerability to
current levels of take and export. Findings are usually based upon
existing biological information derived from scientific studies and/or
professionally accepted wildlife or fishery management programs. For
species bred-in-captivity, a key element of the finding is an
evaluation of the extent to which the captive population is self-
sustaining, without need for augmentation from the wild.
Information desirable for making a non-detriment finding includes
the total offtake of the species; the geographical source of the
animals; an independent measure of population status (or an index to
population change over time) for the species; and the presence of an
enforceable program for managing take and commerce. Also desirable, and
sometimes necessary, is information on recruitment potential,
demographic structure of the collected population, status of the
habitat base, and an assessment of market factors likely to influence
commercial demand in the future.
For Appendix II species traded in large numbers, the Service, as
Scientific Authority for the United States, has generally found it to
be impractical to develop findings for each export application. A
general finding, which defines minimum criteria that future
applications must meet for approval, is the preferred approach. One
type of general finding used by the Service is a determination that all
exports allowed by a program professionally managed by a State wildlife
agency will be non-detrimental. This approach has been taken in certain
special cases, where the primary management responsibility for heavily
traded Appendix II species (e.g., alligators) rests with the States,
and the State program has been determined to collect the requisite
information on population status and trends and otherwise meet
professionally accepted standards for wildlife management programs.
Other general findings may establish restrictive conditions, such
as a quota (maximum allowable number) or other export limitation
mechanism, to ensure that exports from the United States remain non-
detrimental. Under a quota system, for example, all valid applications
for export permits that meet Management Authority criteria for legal
acquisition and humane transport would be approved, until the
cumulative number of specimens exported reached the established quota
level. Subsequent applications would be denied. General export findings
will be conservative (zero or minimal export permitted) when the
quality and comprehensiveness of biological and management information
are weak, or when substantial information suggests a possible
detrimental impact of take. Similarly, liberal advices (high levels of
export permitted) will be issued only when comprehensive information of
high quality indicates the species can likely sustain intensive
collection.
International Trade in Box Turtles
At the ninth meeting of the Conference of the Parties to CITES in
1994, the Parties adopted proposals submitted by the United States and
the Netherlands to add to Appendix II all species of box turtles
(Terrapene spp.) not already listed on a CITES Appendix. Two of these
species are native to the United States: the eastern box turtle (T.
carolina) and the ornate box turtle (T. ornata). The listing proposals
were based on several sources of information. First, long-term
population declines had been documented in most well studied
populations in the United States (T. carolina: Maryland, Indiana,
Missouri; T. ornata: Wisconsin, Kansas). Second, analysis of Service
export statistics revealed a substantial increase in export of wild T.
carolina and T. ornata for the pet trade in recent years, coincident
with declining availability of certain popular tortoise species.
According to Service data, the number of T. carolina reported to be
exported was approximately 26,000 in both 1992 and 1993 and 22,000 in
1994. Reported export of box turtles identified as T. ornata totalled
approximately 10,500 in 1993 and 12,300 in 1994. Finally, population
modelling of other turtle and tortoise species with similar longevity,
survival, and reproductive characteristics (e.g. Blanding's turtle,
Emydoidea blandingii) suggest that box turtle populations may be
unusually vulnerable to elevated mortality of adults or juveniles.
Removal of adult box turtles from the wild for commercial trade could
have the effect of being an additive mortality factor.
In considering how to manage trade in these newly listed species,
the Service first reviewed State laws and regulations pertaining to
commerce in reptiles and discussed management capabilities with
representatives of wildlife agencies in those States interested in
maintaining an export market for box turtles. On the basis of these
reviews and discussions, the Service determined, for 1995 only, that
only the State of Louisiana was interested in export and had the
regulatory and management (including enforcement) infrastructure for
managing collection of reptiles in a manner that could potentially
allow the appropriate CITES findings to be made.
Key elements of the Louisiana regulations included the following:
(1) requirement of a collector's license for anyone collecting or
selling box turtles; (2) requirement of a dealer's license for anyone
buying, acquiring, or handling native reptiles for resale or shipping
out of State; (3) Department of Wildlife and Fisheries (hereinafter
``Department'') authority to inspect the premises, holding facilities,
and records of dealers, and require data from dealers on the total
number of box turtles taken within each of the State's wildlife
districts; (4) establishment of a standing advisory committee (the
Louisiana Reptile and Amphibian Task Force) that consists of university
herpetologists, State personnel, and commercial interests; and (5)
provision for penalties for violations of State laws related to trade
in reptiles.
In this management context, the following information was
considered in determining whether a non-detriment finding could be made
for export of box turtles taken in Louisiana in 1995:
1. The Department provided the following assessment with respect to
population status of T. carolina: ``After consultation with the
Louisiana Reptile and Amphibian Task Force * * * there is no evidence
to indicate that native (eastern) box turtles are endangered or
threatened in Louisiana.'' (It is recognized that this statement
represents a professional
[[Page 3896]]
opinion rather than a quantitative assessment of population status.)
2. The primary target of turtle dealers in Louisiana appeared to be
the Gulf coast subspecies, T. carolina major, which, according to the
scientific literature, may be more commonly multiple-brooded than more
northern subspecies and therefore possibly less vulnerable to take than
turtle/tortoise species that have been the focus of recent population
modelling efforts.
3. The Department was in the process of seeking funding for
initiating studies of (1) the status of box turtle populations in
Louisiana and (2) a comparison of box turtle demographic
characteristics in protected and unprotected areas.
4. The Department would be collecting statistically representative
data on the sizes (carapace length) of animals collected for commercial
purposes. Such data are important for determining whether commercial
take is size-selective or negatively affecting the demographic
structure of box turtle populations.
5. The Department stated its intention to develop these data
collection efforts into an operational box turtle management program
that will include, if necessary, such standard management protocols as
quotas, seasons, and size limits. The Department provided a written
commitment to the goal of assuring ``a sustainable and perpetual
harvest of box turtles.''
On the basis of this available information, the Service's
Scientific Authority made a general, non-detriment finding for 1995
establishing a precautionary export quota of 9,750 specimens of T.
carolina taken in the State of Louisiana. This number represents 50% of
the number of Louisiana-collected T. carolina believed, on the basis of
export records, to have been exported from the United States in 1993
(the most recent year for which complete export figures were
available). Based on studies of eastern box turtle population
densities, this represents the adult population of approximately 4
square miles of suitable habitat. The Service believed then and
continues to believe that this level of export for 1995 will not
significantly affect populations, but that a much more substantial
database on population status and impacts of take, and full
implementation of a management program, would be necessary before any
increase in the quota could be considered. The Service was unable to
make a non-detriment finding for T. ornata, or for T. carolina
collected in States other than Louisiana.
Given the paucity of biological information currently available,
the 1995 advice is subject to the following additional conditions:
1. It is limited to those animals held in captivity at the end of
1994 or collected in 1995.
2. Studies of (a) the status of box turtle populations in Louisiana
and (b) a comparison of box turtle demographic characteristics in
protected and unprotected (i.e., potentially subject to collection)
areas will be initiated by the Department, in cooperation with
Louisiana box turtle exporters, as soon as funding is secured. A study
proposal, approved by the Louisiana Amphibian and Reptile Task Force,
to assess the population status of box turtles must be received before
any export applications for 1996 will be considered.
3. Because the impact of exports on populations cannot be
thoroughly assessed without knowledge of the total commercial offtake
of turtles (domestic use + export), issuance of permits for export will
be further conditional upon collection of information by the Department
on (a) the total number of box turtles collected for commercial markets
in Louisiana, and (b) certain physical characteristics of all turtles
(or a statistically representative sample), collected.
4. Collectors will be required to record the wildlife district (as
defined by the Department) in which each turtle is collected and to
provide this information to the wholesaler/retailers. The wholesaler/
retailer will be required to provide such information to State
authorities upon request and to retain the records for 3 years. Before
export permits will be issued by the Service, dealers will have to
certify that box turtles for which export permits are requested were
taken in the State of Louisiana. The Department will review these
certifications.
5. The limited quota will remain in effect until such time as (1)
either analysis of data on turtle measurements or other information
suggests that a change in the quota in either direction is warranted,
or (2) field studies develop baseline information sufficient for
modelling parameters of a sustainable level of take.
6. Advice on export applications for 1996 will not be issued before
(1) data on sizes and locations of animals collected in 1995 are
analyzed and the animals appear to be representative of a
demographically healthy population; (2) the State's management program
and the process of initiating the required field studies is determined
to be on track; and (3) the existing information and proposed advice is
made available for public review.
Developments Subsequent to 1995 Export Decision
After export advice was issued for specimens taken in Louisiana in
1995, the Department prepared a draft study plan for assessing the
population status of box turtles and the impact of box turtle
collection in Louisiana. After approval by the Louisiana Amphibian and
Reptile Task Force, this plan was submitted to the Service for review.
The Service found that the study design was appropriate for obtaining
the information necessary for development of a sound management
program.
The plan describes an approach to field-sampling of box turtles
that should yield comparative data on populations and demographic
structure between collected and uncollected areas. It also describes
procedures State personnel will use for collecting demographic data on
turtles in the possession of dealers prior to export. Funding for the
study has been secured. However, because study plan development was not
completed until late summer, field studies will not commence until
1996. Data on physical characteristics of a sample of turtles in the
possession of dealers were summarized and provided to the Service in an
October 1995 interim report.
A survey of Louisiana dealers reported by the Department in
December 1995 yielded a total estimated collection in Louisiana in 1995
of 11,950 box turtles, of which 9,500 were ascribed to the Gulf coast
race, T. c. major, and 2,450 to the three-toed race, T. c. triunguis.
Service export records up to the time of this notice show that 6,115 of
these (4,365 major and 1,750 triunguis) were exported from the United
States. It is not known what proportion of the 5,835 animals not
exported were marketed domestically, released, or maintained in
captivity.
Samples of 437 major and 394 triunguis were selected for
morphological analysis. Juveniles constituted 23.3 percent of the
sample of triunguis and 9.6 percent of the sample of major. (For these
purposes juveniles were defined as animals in size classes smaller than
the first size class that, in a frequency distribution of collected
animals by size class, exhibited a sudden increase). The sex ratio
(male:female, all ages included) in the sample of collected animals was
1.0:0.78 for triunguis and 1.0:0.52 for major. Sex ratio varied
substantially as a function of the time of year that animals were
collected. Average carapace length was 123.2 mm for adult
[[Page 3897]]
triunguis and 164.9 mm for adult major. There was no sexual size
dimorphism in triunguis, but carapaces of major males averaged 7.4 mm
longer than female carapaces. Although there appeared to be no
deliberate selectivity on the part of collectors with respect to size
class of either race, the sex ratio bias toward males may be an
artifact of a market or collector preference for males, which are, on
average, more brightly colored and more active than females (fide
Department staff).
According to the Department, the area from which box turtles were
collected commercially in Louisiana in 1995 ranged from Lafayette and
Baton Rouge east to the Mississippi border and southeast to the
vicinities of New Iberia, Thibodeaux, and the Mississippi River delta.
The range of collected triunguis extends along the northern border of
this zone from the neighborhood of Baton Rouge across the northern
border of Lake Pontchartrain and east to Mississippi. Maps provided by
the Department indicate a narrow zone of overlap between the range of
this race and that of major to the south. The Department believes that
the great majority of box turtles are being taken along the margins of
extensive swampland and bottomland hardwood forests and along just a
few cleared corridors within this zone. They further state that 75
percent of the habitat of major is inaccessible.
The Service solicits comments on the information presented above
and any additional information relevant to the issuance of export
advice for box turtles from Louisiana for 1996.
Captive-Bred Box Turtles
The Service has received several inquiries and five permit
applications (from Arkansas) concerning export of captive-bred box
turtles. The Service considers captive-bred animals to be animals that
are both conceived and hatched within the confines of a controlled
environment physically isolated from wild populations. Offspring
hatched in captivity from eggs collected from the wild or produced from
eggs laid in captivity by gravid females collected from the wild are
not considered to be captive-bred. Unless a captive-breeding program
meets the rigorous standards of CITES Resolution Conf. 2.12, captive-
bred Appendix II animals are subject to the same CITES permit
requirements and non-detriment findings as wild-caught animals, as
described above. For many species, however, properly managed captive-
breeding programs can provide a sustainable supply of animals with
minimal impact on wild populations.
The Service is not convinced of the feasibility of breeding box
turtles in captivity in commercial quantities. The Service is also
concerned about the difficulty of distinguishing captive-bred turtles
from wild turtles, especially when wild specimens are readily available
in the vicinity of the captive-breeding operation. To substantiate that
individual box turtles are captive-bred and to allow the Service to
make the necessary determinations, the breeder must be able to document
the source and disposition of all box turtles that enter into the
breeder's possession. This necessitates physical separation of the
breeding stock from wild-caught turtles or marking each turtle
individually, and providing detailed records of the captive-breeding
operation. Such records must include the source of the parent stock,
age and sex composition of the population, annual egg production,
hatching success, mortality rate of breeder stock and hatchlings, and
disposition of any turtles sold. To understand more fully the potential
for both sustainable and verifiable captive-breeding of box turtles,
the Service solicits additional information.
Transport Requirements
CITES requires that ``any living specimen will be so prepared and
shipped as to minimize the risk of injury, damage to health or cruel
treatment.'' Specifically, to export species listed in Appendix II,
such as the box turtle, Article IV, paragraph (c) of the treaty
requires that, to issue an export permit, the Management Authority of
the exporting country must be satisfied that the animals in the
shipment will be ``so prepared and shipped as to minimize the risk of
injury, damage to health or cruel treatment.'' The CITES party
countries have agreed that compliance with the International Air
Transport Association (IATA) Live Animal Regulations is the standard
for meeting the treaty's humane transport requirements for air
transport. The CITES party countries have also agreed that all CITES
permits should state that for live animal shipments a permit is only
valid if the shipment complies with the IATA Live Animal Regulations
(Resolution Conf. 9.3). All U.S. CITES permits contain this provision
as a permit condition to comply with this CITES requirement. If a
shipment of box turtles is transported that is not in compliance with
the IATA Live Animals Regulations, the export permit being used is not
valid, and may not be accepted by the importing country.
All U.S. exporters who obtain CITES export permits for live box
turtles are informed of the requirement to comply with the IATA Live
Animals Regulations. Prior to export, CITES export permits must be
endorsed by the Service's Division of Law Enforcement. If the shipment
is not in compliance with IATA, Law Enforcement officials can refuse to
endorse the export permit. Such shipments are also subject to refusal
of clearance on import. Improperly transported containers, in addition
to being subject to seizure or enforcement actions upon import, also
increase the risk of disease or mortality to the animals contained
therein.
It is therefore obligatory that all exports of box turtles from the
United States comply with the IATA Live Animal Regulations, for air
transport. Shipments may comply with either the 21st or 22nd Edition of
the Live Animals Regulations, copies of which may be ordered directly
from IATA, at 2000 Peel Street, Montreal, Quebec, Canada H3A 2R4.
These shipping standards are internationally accepted by all
airlines that are members of IATA (the majority of all U.S. and world
carriers, and all carriers shipping turtles internationally from the
United States), and by the CITES party governments. The IATA Live
Animals Regulations are multilateral and internationally accepted.
In addition to complying with the general requirements of the IATA
Live Animals Regulations, shipments of box turtles are also required to
comply with the specific container requirement applicable to box
turtles, which is Container Requirement 43 in the 22nd Edition of the
IATA Live Animals Regulations.
The Service notes the mandatory nature of the requirements that
turtles not be overcrowded in the containers, that sufficient
ventilation must be provided, and that the containers be sufficiently
strong. For all shipments of live animals, the IATA Live Animals
Regulations state that the container ``must be able to withstand other
freight potentially damaging it or causing the structure to buckle or
bend.'' A container used for box turtles must be manufactured from
fibreboard, hardboard, plywood, or rigid plastics that can withstand
crushing if other freight falls upon it. Containers must also have
ventilation holes that are large enough to allow for air circulation.
In some cases during very cold weather, styrofoam can be used to line
the container as an insulating layer, as long as ventilation is not
impeded. Fine wire or nylon mesh should be used to screen the
ventilation openings, but should not have jagged edges that may injure
the
[[Page 3898]]
animals or loose pieces that may be ingested. Box turtles should not
under any circumstances be stacked or be shipped in containers that are
deep enough to allow them to clamber on top of one another.
The Service also notes the requirement to comply with other aspects
of Container Requirement 43 and the general IATA Live Animals
Regulations, which are industry standards accepted internationally by
air carriers and governments. The Service attends the IATA Live Animals
Board meetings, which are also attended by air carriers, the CITES
Secretariat, veterinary experts, and non-governmental organizations.
The Service welcomes comments from industry, veterinary, and
conservation experts on whether or not the IATA Container Requirement
for box turtles could be refined in any way in order to facilitate more
healthful or more humane transport of box turtles.
Future Actions
If possible, advice will be issued within a week of the closing
period for comment and published in the Federal Register.
The primary authors of this request for information were Dr.
Marshall A. Howe and Mr. Tim Van Norman, Office of Scientific
Authority, and Mr. Scott Hicks and Dr. Susan Lieberman, Office of
Management Authority, under authority of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
Dated: January 25, 1996.
John G. Rogers,
Director.
[FR Doc. 96-2208 Filed 2-1-96; 8:45 am]
BILLING CODE 4310-55-P