[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)] [Notices] [Pages 23479-23480] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-11092] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Termination of the Pelly Amendment Certification of Taiwan AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Secretary of the Interior has determined that the reasons for the certification of Taiwan, under the Pelly Amendment to the Fisherman's Protective Act, for actions undermining the effectiveness of an international program for endangered or threatened species, no longer prevail. Therefore, the certification of Taiwan has been terminated. DATES: This notice is effective on April 30, 1997, and will be effective until further notice. ADDRESSES: U.S. Fish and Wildlife Service, Office of Management Authority, 1849 C Street, N.W. (MS 430 ARLSQ), Washington, D.C. 20240. FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, U.S. Fish and Wildlife Service, Office of Management Authority, 703-358-2095. SUPPLEMENTARY INFORMATION: Under the Pelly Amendment to the Fisherman's Protective Act of 1978, the Secretary of Interior is responsible for determining if nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species. If the Secretary so determines, the Secretary shall certify such fact to the President. On September 7, 1993, Secretary Bruce Babbitt certified to President Clinton that nationals of Taiwan were diminishing the effectiveness of the Convention on International Trade in Endangered Species (CITES) by trading in rhinoceros and tiger parts and products. He based his determination on the following: (1) The failure of Taiwan to end its participation in rhinoceros horn trade despite a June 1992 resolution of the [[Page 23480]] CITES Standing Committee calling upon Taiwan to end such trade or face the possibility of CITES calls for trade sanctions; (2) evidence contained in a 1992 petition from both the World Wildlife Fund and National Wildlife Federation asking Secretary Babbitt to certify Taiwan for its involvement in rhinoceros horn trade; (3) public comment received as a result of a Federal Register notice and public meeting in December 1992 and January 1993, respectively, providing evidence to support including trade in tiger bone in the contemplated Pelly certification; (4) a decision in March 1993 by the 29th Meeting of the CITES Standing Committee to censure the continued involvement of Taiwan and three consuming countries in the rhinoceros horn and tiger bone trades, and encouragement by the Standing Committee for CITES party countries to use appropriate stricter domestic measures against Taiwan and the three consuming countries; and finally (5) the failure of Taiwan to demonstrate to Secretary Babbitt at his request in June 1993 that Pelly certification was not warranted. After careful consideration of the facts, on April 11, 1994, President Clinton decided to impose trade sanctions generally prohibiting all wildlife imports from Taiwan. On August 2, 1994, President Clinton directed the Secretary of the Treasury, in consultation with the Secretary of the Interior, to prohibit the importation of fish or wildlife, as defined in 16 U.S.C. 3371 and 50 CFR 10.12, and their parts and products of Taiwan, to which the import declaration requirements in 50 CFR 14.61 would apply. On June 29, 1995, after the authorities on Taiwan had demonstrated sufficient improvement, the President revoked those sanctions. After making a Pelly certification to the President, the Secretary is required to conduct periodic reviews to determine whether the reasons for the certification still prevail, and if they no longer prevail, the Secretary is required to terminate the certification. During the period since trade sanctions were revoked in June 1995, the authorities on Taiwan have: (1) passed amendments and regulations to the Taiwan Wildlife Conservation Law establishing more severe penalties for illegal trade in endangered species; (2) significantly improved wildlife smuggling interdiction efforts through enhanced law enforcement training, infrastructure, and forensic capabilities; and (3) decreased market availability on Taiwan of products containing rhinoceros and tiger parts. Given that the reasons for certification of Taiwan no longer prevail, the Secretary has terminated the certification of Taiwan under the Pelly Amendment to the Fisherman's Protective Act of 1967 (22 U.S.C. 1978). Dated: December 23, 1996. Donald J. Barry, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 97-11092 Filed 4-29-97; 8:45 am] BILLING CODE 4310-55-P