[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Notices]
[Pages 24502-24503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11616]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Pelly Amendment to the Fishermen's Protective Act; Petition for 
Certification of the Republic of Korea; Conservation of Bears

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: On February 7, 1997, the Department of the Interior received a 
petition to certify the Republic of Korea (``South Korea'') under the 
Pelly Amendment to the Fishermen's Protective Act for undermining the 
effectiveness of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). The petition asserts that: (1) 
The Republic of Korea is the world's primary consumer of bear parts and 
its nationals are the most active in illegal trade in bear parts; (2) 
Illegally imported bear gall bladder is widely available in the 
Republic of Korea; (3) Republic of Korea authorities have failed to 
take measures to suppress the illegal trade in bears and bear parts; 
(4) The Republic of Korea's domestic legislation does not adequately 
implement CITES; and (5) Despite having acceded to CITES in 1993, the 
Republic of Korea has failed to implement CITES. This notice requests 
comments and information from the public on the following: Existence of 
poaching, taking, smuggling, and trade in bears and bear parts by 
Republic of Korea nationals; whether or not actions by Republic of 
Korea nationals are undermining the effectiveness of CITES; any illegal 
trade in bears and bear parts by nationals of other countries; and any 
measures taken by the Republic of Korea to implement CITES with respect 
to trade in bears and bear parts. This information will be taken into 
account by the Service in determining what recommendations it should 
make to the Secretary of the Interior on the disposition of the 
petition.

DATES: The Fish and Wildlife Service will consider written information 
and comments on these issues received by August 4, 1997.

ADDRESSES: Comments should be sent to the Director, U.S. Fish and 
Wildlife Service, c/o Office of Management Authority, 4401 N. Fairfax 
Drive, Room 420C, Arlington, VA 22203. Comments may also be sent via 
fax to: (703) 358-2280.

FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman or Theodora 
Greanias, U.S. Fish and Wildlife Service, Office of Management 
Authority, telephone (703) 358-2093.

SUPPLEMENTARY INFORMATION:

    Electronic Access and Filing Address: [email protected].

Background

    On February 7, 1997, the Department of the Interior received a 
petition to certify the Republic of Korea (``South Korea'') under the 
Pelly Amendment to the Fishermen's Protective Act for undermining the 
effectiveness of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). The U.S. Fish and Wildlife 
Service (Service) is the lead agency in the Department of the Interior 
responsible for implementation of CITES. The Pelly Amendment to the 
Fishermen's Protective Act of 1967, 22 U.S.C. 1978(a)(2), provides that 
the Secretary of the Interior shall make a certification to the 
President if he determines that nationals of a foreign country, 
directly or indirectly, are engaged in trade or taking which diminishes 
the effectiveness of any international program for the conservation of 
endangered or threatened species. CITES, a multi-lateral convention to 
regulate international wildlife trade, is such a program.
    The February 7, 1997 petition (petition) was submitted by Sierra 
Club Legal Defense Fund on behalf of four organizations. The petition 
asserts the following: (1) Republic of Korea nationals are engaging in 
the illegal trade in and taking of bears and bear parts in many areas 
of the world; (2) Pharmacies and traditional medicine stores in the 
Republic of Korea continue to obtain and openly offer bear gall bladder 
from other nations' Appendix I bear species, in direct violation of 
CITES trade restrictions; (3) Even the few bear gall bladders that pass 
through official channels in the Republic of Korea are not traded in 
accordance with CITES; (4) The government has failed to seize bear gall 
bladder or prosecute bear gall bladder smuggling in the Republic of 
Korea; (5) Republic of Korea officials charged with policing the trade 
are alleged to be benefiting from its continuation; (6) Republic of 
Korea domestic legislation implementing CITES is inadequate and has not 
been bolstered by the creation or training of wildlife enforcement 
authorities, crackdowns on illegal trade, or public education 
campaigns; (7) Since their own bear population has been all but 
destroyed, Republic of Korea nationals regularly travel to China, Sri 
Lanka, Ecuador, Viet Nam, Thailand, Russia, Canada, and the United 
States to buy bear gall bladders; (8) Citizens of the Republic of Korea 
engage in extensive trading in Appendix I bears in direct violation of 
the protective provisions of CITES; (9) In violation of domestic laws 
of range countries, Republic of Korea nationals continue to buy, sell 
and smuggle large numbers of Appendix II bear parts, and have been 
involved in the majority of cases of illegal bear gall trade in North 
America; and (10) Despite its accession to CITES in July 1993, the 
Republic of Korea has undermined and continues to undermine CITES with 
respect to trade in bears and bear parts.
    All bear species are listed in either CITES Appendix I or II, which 
means they are either threatened with extinction (Appendix I), or may 
become so unless their trade is subject to strict regulation (Appendix 
II). In the case of Appendix I species, all primarily commercial trade 
is in violation of the Convention. Commercial trade in Appendix II 
species is allowed only if a permit is issued attesting that the trade 
is not detrimental to the species' survival in the wild and that the 
specimens were lawfully obtained. Law enforcement efforts are hindered 
by the fact that no forensic methodology exists to distinguish between 
Appendix I and Appendix II bear viscera, including gall bladders. This 
creates an opening for the laundering of Appendix I bear parts, which 
undermines CITES enforcement.
    Worldwide, bear populations are at risk due to habitat loss, 
coupled with a vigorous, mostly illegal trade in bears and bear parts 
driven largely by the demand for traditional medicinals, especially 
those containing bear bile.

[[Page 24503]]

Bear gall bladders and bile are among the most coveted ingredients in 
traditional Asian medicine. To address this situation, CITES member 
countries focussed on the bear trade during recent meetings of the 
Animals Committee and Standing Committee. At its September 1996 meeting 
in the Czech Republic, the Animals Committee adopted a decision 
regarding the continued illegal trade in bear parts and derivatives, to 
direct the CITES Secretariat to request certain information from range 
States of bears and from countries of import, re-export, and 
consumption of bear parts and derivatives. The Standing Committee 
subsequently agreed to accept the recommendation of the Animals 
Committee, and referred it to the CITES Secretariat for action. The 
Secretariat issued a Notification to the Parties (No. 946) requesting 
that all range states supply all available information on the status of 
their wild bear populations, trade threats, and legislative and 
regulatory controls on the killing of bears and on trade in their parts 
and derivatives; and that all countries of import, re-export, and 
consumption of bear parts and derivatives supply all information on 
their enforcement efforts to interdict illegal shipments of bear parts 
and derivatives, legislative and regulatory controls on trade in these 
parts and derivatives, prosecutions relating to illegal trade in bear 
parts or derivatives, the kinds of bear derivatives available on the 
market, efforts to promote the use of substitutes in traditional 
medicine, and education programs. At the 10th meeting of the Conference 
of the Parties in Zimbabwe in June 1997, the CITES Parties will 
consider two very similar proposals to transfer all Asian and European 
populations of the brown bear (Ursus arctos) from CITES Appendix II to 
Appendix I.
    As part of its ongoing responsibility to implement CITES, the 
Office of Management Authority of the Service monitors the trade in 
species protected by CITES to determine whether or not any country is 
diminishing the effectiveness of CITES. The Service has been assessing 
information on the international bear trade for a number of years, 
particularly its impact on North American bear populations. The Service 
is aware that poaching of wild specimens can be extremely detrimental 
to bear populations, and is cognizant of the important role of bear 
species within an ecosystem. Further, the U.S. government supported 
recent actions taken by the CITES Animals and Standing Committees to 
address the international bear trade problem. The Service is aware 
that, upon acceding to CITES in July 1993, the Republic of Korea took a 
three-year reservation on Appendix II bear species, effectively 
allowing unrestricted trade with non-Party countries. In October 1996, 
after that reservation had expired, domestic trade in bear species was 
banned, according to Korean English-language press reports. The Service 
fully intends to examine closely all evidence submitted during the 
comment period in order to assess the accuracy and implications of 
these reports. The Service is currently reviewing and analyzing the 
petition, as well as other information in the Service's files on trade 
in bears and bear parts. After the close of the public comment period, 
the Service will review all of the data in its administrative record 
before submitting its recommendation to the Secretary of the Interior.

Request for Information and Comments

    This notice requests comments and information from the public on 
the following: (1) Existence of poaching, taking, smuggling, or trade 
in bears, bear parts or bear products/derivatives by Republic of Korea 
nationals; (2) The effect of take or trade in bears, bear parts or bear 
products/derivatives on bear species' conservation status in the 
Republic of Korea or elsewhere; (3) Whether or not actions of Republic 
of Korea nationals are undermining the effectiveness of CITES; (4) Any 
illegal trade in bear species, bear parts, or bear products/derivatives 
by nationals of other countries; (5) Any affirmative measures taken by 
the Republic of Korea to enhance CITES implementation, especially 
measures to regulate trade in bears, bear parts or bear products/
derivatives, as well as evidence regarding the efficacy of these 
measures. This information will be used by the Department of the 
Interior in determining what actions should be taken.

    Authors: This notice was prepared by Dr. Susan S. Lieberman and 
Theodora Greanias, Office of Management Authority, U.S. Fish and 
Wildlife Service (703/358-2093; FAX 703/358-2280).

    Dated: April 28, 1997.
John G. Rogers,
Acting Director.
[FR Doc. 97-11616 Filed 5-2-97; 8:45 am]
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