[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25512-25516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12292]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Proposed Policy on the Export of Live American Alligators and 
Announcement of Public Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of proposed policy.

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SUMMARY: After review and analysis of comments received and for the 
reasons detailed in this notice, the Service proposes to adopt a policy 
against the issuance of permits for the export of live American 
alligators for commercial breeding or resale purposes. The American 
alligator is protected under the Endangered Species Act of 1973 (ESA) 
as threatened due to similarity of appearance and under the Convention 
on International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) as Appendix II. The Service may issue an export permit upon 
finding that all applicable permit issuance requirements have been met. 
Exports of animals listed on Appendix II of CITES may occur only if the 
Scientific Authority has advised the Management Authority that such 
exports will not be detrimental to the survival of the species and the 
Management Authority is satisfied the animals were not obtained in 
violation of laws for their protection. Based on documentation 
presented for consideration by the CITES Parties in 1983, the 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).
    This notice announces a proposed policy by the Service on the 
export of live American alligators. Based on the information received 
in response to the June 24, 1997, notice, the Service is unable to find 
that the export of live American alligators either for commercial 
breeding or resale purposes is not detrimental as required under CITES 
or that such exports comply with Executive Order 11987--Exotic 
Organisms. Applications for permits to export live American alligators 
for purposes such as scientific research or zoological exhibition would 
be evaluated on a case-by-case basis.

DATES: The Service will consider all information and comments received 
by June 8, 1998 in making its final decision on this proposal. A public 
meeting will be held at the Delta Resort Orlando, 5715 Major Boulevard, 
Orlando, Florida 32819-7988, on May 5, 1998, from 1:30 pm to 3:30 pm.

ADDRESSES: Please send comments or other correspondence concerning this 
document to the Office of Management Authority, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, room 700, Arlington, VA 22203. 
Materials received will be available for public inspection by 
appointment from 8 a.m. to 4 p.m., Monday through Friday, at the Office 
of Management Authority.

FOR FURTHER INFORMATION CONTACT: Ms. Teiko Saito, Chief, Office of 
Management Authority, telephone 703-358-2095, fax 703-358-2298.

SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service) 
published a notice on June 24, 1997 (62 FR 34074), requesting 
submission to the Service of any information available on the impacts 
of exports of live American alligators. Generally, in order to export 
species of wildlife protected under the ESA and/or CITES, an export 
permit must be issued. The Service is the agency responsible for 
reviewing applications for export of wildlife. Each permit application 
must be carefully evaluated to ensure compliance with all applicable 
regulations and executive orders. The American alligator is protected 
under the Endangered Species Act of 1973 (ESA) as threatened due to 
similarity of appearance and under the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES) as Appendix 
II. A permit for export of American alligators can only be issued if 
the Service can determine:
    1. That the export will not be detrimental to the survival of the 
species (50 CFR 23.15(d)(1));
    2. That the animals to be exported were not obtained in violation 
of laws for their protection (50 CFR 23.15(d)(2));
    3. That the authorization requested does not potentially threaten a 
wildlife population (50 CFR 13.21(b)(4)); and
    4. That the requirements of Executive Order 11987, Exotic 
Organisms, are met. (This Executive Order, in part, requires 
``Executive agencies shall, to the extent permitted by law, restrict 
the use of Federal funds, programs, or authorities used to export 
native species for the purpose of introducing such species into 
ecosystems outside the United States where they do not naturally 
occur.'' In this instance, introduction is defined to include ``the 
release, escape, or establishment of an exotic species into a natural 
ecosystem.'')
    5. That live specimens are prepared for shipping and shipped in 
compliance with the International Air Transport Association (IATA) Live 
Animal Regulations (for air transport) or CITES guidelines for 
transport (for other transport).
    The Service received requests from the Florida Game and Freshwater 
Fish Commission and the Louisiana Department of Wildlife and Fisheries 
that we review the criteria for issuance of permits for export of live 
American alligators for commercial breeding or resale purposes and to 
restrict issuance of such permits until a review could be completed. In 
response to these concerns, the Service published the June 24, 1997, 
Federal Register notice requesting submission of any information 
available to assist us in evaluating such impacts.
    In addition, the problems associated with the introduction of 
exotic species have become increasingly apparent worldwide. The 
problems have been discussed in a number of international fora such as 
the meeting of the CITES Conference of the Parties in 1997 in Zimbabwe, 
the World Conservation Congress in 1996, and the Conference on Alien 
Species in Norway in 1996. In the United States, approximately 122 
species of exotic (non-indigenous) species of fish and wildlife have 
already established free-living populations and are causing great harm. 
The import of potentially harmful exotic species is currently being 
reviewed by the Service in the context of the Lacey Act prohibitions on 
import of injurious species. In relation to export of native species, 
E.O. 11987 restricts the use of Federal funds, programs, or authorities 
(i.e., the issuance of CITES export permits) to export native species 
outside the United States. The American alligator is one of the few 
native species that requires a CITES export permit and for which we 
have received applications for export of large numbers of live 
specimens. Given the documented introduction of other crocodilians 
outside their range, in evaluating an application for export of live 
American alligators the Service must take into consideration the 
ecological damage that could result from introduction of alligators, 
either planned or unplanned, into ecosystems outside their natural 
range in the United States.

[[Page 25513]]

    Commercial enterprises for the breeding or resale of American 
alligators outside their natural range provide the most serious 
conservation concerns regarding the threat of planned or accidental 
introductions of exotic species. The introduction of Morelet's 
crocodile (Crocodylus moreletti) into American crocodile (C. acutus) 
habitat in western Mexico is attributed to escapes from breeding 
facilities, and the introduction of caiman (Caiman crocodylus) into 
southern Florida is attributed to caimans imported for the pet trade 
that either were released or escaped. Properly designed scientific 
research projects and facilities designed to exhibit specimens to the 
public generally present a lower level of concern in relation to 
accidental introduction of species since there are limited numbers of 
specimens involved and plans for disposition of specimens are generally 
a part of the overall design of the project or facility.

Analysis of Comments

    In response to the June 24, 1997, Federal Register notice, 11 
comments were received. Comments were received from the States of 
Louisiana and Florida (the two States which contain the majority of the 
habitat for wild American alligators and which supply hatchlings and 
eggs to alligator farmers located throughout the Southeastern United 
States), the IUCN Crocodile Specialist Group, the Humane Society of the 
United States, three individual alligator farmers, and four 
associations dealing with alligator farming. Ten of the eleven 
commenters strongly opposed the export of live American alligators. One 
commenter supported such exports.
    Comment: Nine commenters voiced strong concerns in the area of 
enforcement. Areas of concern included: Reduced regulatory control, 
past illegal trade in crocodilians outside the United States, the 
undermining of effective legal management programs, lack of assurances 
that other countries would provide comparable control mechanisms on 
farm inspections and enforcement to prevent illegal trade, inadequate 
re-export controls over alligators (either as products or live), the 
type of CITES tags that would be used for alligators originating in the 
United States yet harvested in another country, and confusion or 
compromise of current well regulated channels of international control 
and trade regulation. One commenter stated that there were a number of 
examples where demand for captive breeding stock has generated demand 
for illegally acquired specimens from the range countries. Four 
commenters also pointed out that the limited range of the American 
alligator has been an important factor in the effectiveness of 
enforcement efforts to ensure that laws enacted to protect the 
alligator are complied with.
    Response: The Service recognizes the concerns of the commenters in 
the area of enforcement. The States have put a great deal of time, 
effort, and planning into their conservation management programs to 
protect the American alligator. At one time there was extensive 
poaching and illegal trade in American alligators which has diminished 
drastically thanks to the work of the States and the cooperation of the 
industry. The States and the Service have worked together closely to 
develop guidelines for the export of alligator skins to ensure that the 
skins have been acquired legally. Each skin must be tagged with a CITES 
export tag in accordance with State regulations, and that tag must be 
on the skin at the time of export. The Service uses the data provided 
by the States from their conservation management programs to make the 
no detriment and legal acquisition findings required under CITES for 
the export of American alligator skins. Therefore, CITES export permits 
for export of tagged alligator skins continue to be issued. The CITES 
Parties have long recognized the importance of monitoring trade in 
crocodilian skins worldwide and first adopted a resolution concerning 
the universal tagging of crocodilians in 1992 (Res. Conf. 8.14). This 
resolution was revised in 1994 (Res. Conf. 9.22) and has been very 
effective in enabling Parties to closely monitor and control trade in 
crocodilian skins. The U.S. alligator tagging program complies with 
this resolution. However, the focus of the resolution is on trade in 
skins, which constitutes the majority of the international commercial 
trade in crocodilians. At the time the resolution was first adopted, 
there was very little international commercial trade in live 
crocodilians. The export of live animals is not covered by the 
resolution and raises different concerns and responsibilities than the 
export of parts and products.
    Comment: Two commenters were concerned over the types of CITES tags 
that would be placed on American alligators harvested outside the 
United States. One commenter thought CITES tags should be denied for 
animals already out of the country. The other thought CITES tags should 
not be issued for species out of their natural ranges.
    Response: The Service is also concerned with the question of CITES 
tags for American alligators that are not harvested in the United 
States. Each American alligator harvested in the United States is 
tagged with a permanently locking CITES export tag bearing a legend 
showing the US-CITES logo, State of origin, species, year of take, and 
a unique serial number. Tags must be placed on each skin in accordance 
with State requirements. Any tags that break prior to export must be 
replaced prior to actual export. Under CITES Resolution Conf. 9.22, all 
crocodilian skins must be tagged, and the tags must remain on the skin 
until it has been processed and cut. CITES tags for crocodilians should 
indicate the country of origin of the specimen and are placed on the 
skin at or near the time of harvest. The country of origin is 
considered to be ``the country where the animal was taken from the wild 
or the country of natal origin of the animal'' (50 CFR 10.11). 
Therefore, specimens that originated in the United States, exported to 
another country, and harvested in that country would require tags to 
show the country of origin as the United States. The Service also has 
concerns about CITES tags for U.S.-origin alligators being issued by 
other countries who may or may not monitor the species as closely as 
the United States. Within their range, crocodilians that are harvested 
based on sustainable use ranching programs have a high conservation 
value. Crocodilians commercially bred in countries outside their range 
have, at best, a low conservation value since their production is not 
reliant on conservation of habitat needed to maintain wild populations. 
In the case where a captive breeding facility for American alligators 
is established outside the United States, the CITES tags for offspring 
of the founding stock would show the species as American alligator and 
the country of origin as the country where the facility is located. The 
one instance where we are aware of this already happening is in Israel. 
We have requested information from the CITES Management Authority of 
Israel regarding the CITES tags used for American alligators 
originating from the Hammat Gader facility which breeds American 
alligators, but have not yet received a reply.
    Comment: One commenter pointed out that the American alligator 
export program is an example of successful management which has been 
based on a close working relationship between the States and the 
Federal Government. In addition, the effectiveness of monitoring and 
enforcing the management program is due to the limited natural range of 
the American

[[Page 25514]]

alligator. Exports of live specimens could jeopardize the current 
management programs which could, in turn, impact wild populations.
    Response: The Service agrees that the American alligator represents 
a conservation management success story. The American alligator has 
gone from being listed as endangered under the ESA to being threatened 
due to its similarity in appearance to endangered crocodilians and a 
model for sustainable use management. The cooperation and coordination 
between the State and Federal Governments have been vital, particularly 
in the area of enforcement. Live American alligators exported to 
another country would no longer benefit from the protection provided by 
this close relationship. The advice issued by the Office of Scientific 
Authority on November 4, 1997, concerning the export of live alligators 
from the United States that ``if alligator breeding facilities in other 
countries become competitively more successful (as might occur if 
production costs are lower) than alligator farms in the United States, 
prime alligator habitats will be vulnerable to other uses incompatible 
with the survival of the species. The fundamental premise of 
crocodilian ranching programs is the built-in incentive for habitat 
preservation by industries whose success is dependent upon perpetuation 
of natural habitats. It is this fact that has made crocodilian ranching 
around the world such a successful conservation approach within the 
CITES community of nations.''
    Comment: One commenter was concerned that ``illegally-taken young 
domestic alligators could be smuggled and easily commingled with 
legally-obtained alligators or alligators produced on foreign farms.'' 
Regarding this possibility, another commenter stated that there are a 
number of examples where evidence indicated that ``demand for captive 
breeding stock has generated demand for illegally acquired specimens 
from the range states.'' One such report concerned the attempted 
illegal import of New Guinea crocodiles (Crocodylus noveaguineae) into 
Thailand.
    Response: This possibility is of concern to the Service.
    Comment: Four commenters specifically raised concerns over the loss 
of control if live American alligators are exported. The concerns 
included that the United States would have no ability to monitor re-
export of specimens after initial export and that re-export controls 
would be less stringent than those of range countries which would 
further reduce effective international control over the management and 
trade in American alligators.
    Response: The Service agrees. An export permit is issued based on 
the information provided by the applicant as to the purpose and 
destination of the shipment. Once the alligators are exported, the 
Service has no control over the re-export of the specimens to a 
different destination. The issuance of a re-export certificate is based 
only on whether the specimens were legally imported under CITES, not on 
whether the re-export would be detrimental to the survival of the 
species. Thus, even if the Service were able to make the determinations 
needed to issue an export permit to ship live American alligators to a 
country where introduction of exotic crocodilians is not considered a 
potential threat, it is impossible to know whether the animals will be 
subsequently shipped to a country or area within a country where 
introduction would be a real threat and where the Service might not 
have been able to find no detriment.
    Comment: Eight of the commenters expressed concerns relative to 
accidental or deliberate introduction of alligators into areas outside 
their natural range. Even where there is no intention to release the 
animals and with the most secure facility, accidental release due to 
human error or natural disasters such as hurricanes remains a real 
possibility. The American alligator is the most temperate of the 
crocodilian species and is able to cope with frequent freezing 
temperatures. They are also generalists and opportunists in their 
feeding habits and able to adapt their diet to a wide variety of prey 
species. Given their reproductive potential, alligators are capable of 
rapidly expanding their populations. In areas already occupied by 
crocodilian species, the introduction of alligators could prove 
damaging, not only due to competition, but also by the introduction of 
exotic diseases. Such introductions would also impact prey species. 
Examples of documented introductions of crocodilians outside their 
natural range include: Spectacled caiman populations in southern 
Florida; Morelet's crocodile into the range of the American crocodile 
in western Mexico; and the common caiman on the Isle of Pines in Cuba 
which has had an impact on recovery of the endangered Cuban crocodile. 
One commenter stated that: ``The few examples we do have indicate that 
when introduced into a suitable habitat crocodilians can rapidly 
achieve dense populations which are virtually impossible to 
eradicate.''
    Response: The Service agrees that this is a serious concern. 
Substantial information was provided to document the effects of 
species, especially crocodilian species, introduced into areas outside 
their natural range. The impacts are not only on other crocodilian 
species and prey species, but also on the ecosystem as a whole.
    Comment: Six commenters had concerns that allowing the export of 
live American alligators would have a detrimental impact on the success 
of alligator management programs in the United States. These programs 
serve as an economic incentive to preserve the wetland habitats 
required for alligator conservation and that lack of economic 
incentives would adversely impact alligators as well as their habitat. 
The conservation benefits of alligator management programs are 
inextricably tied to economics. The concern in regard to conservation 
is where economic impacts negatively affect conservation programs. In 
this regard, there is concern that the establishment of breeding groups 
of alligators outside their natural range will result in a substantial 
loss of incentives for the conservation of alligator habitat. One 
commenter felt that range states have the strongest incentives for 
managing their own resources and that such management had conservation 
benefits and that use of natural resources by non-range states has no 
conservation benefit.
    Response: The Service agrees that the alligator management programs 
in the United States have been very effective and that economic 
incentives are a factor in that success.
    Comment: One commenter felt that his applications for export of 
live American alligators should not be regulated as a commercial 
shipment since the alligators were to be transported to a foreign 
facility only for their further care and maintenance. The commenter 
noted that he would be maintaining his full ownership rights in the 
specimens. In addition he felt that as long as State laws were complied 
with and an FWS import/export license was purchased each year, there 
should be no further restrictions on exports.
    Response: The Federal Government has the jurisdiction, authority, 
and responsibility to ensure that exports of wildlife comply with 
Federal statutes, regulations, and international agreements as well as 
appropriate State law, and may place conditions on the export of such 
wildlife consistent with Federal law. An import/export license is 
required of all businesses importing and/or exporting wildlife, 
regardless of whether the proposed export involves a commercial 
activity. In addition to the license requirement, exporters planning

[[Page 25515]]

to export wildlife protected under the ESA and/or CITES must obtain a 
Federal export permit prior to export. The issuance of such permits is 
a Federal authority and responsibility. Most trade in American 
alligators has been in the skins, not in live animals. Permits continue 
to be issued for exports of properly tagged American alligator skins, 
and live animals may be sold within the United States in accordance 
with State law. The State has primary jurisdiction over the management 
and use of wildlife as long as it is within that State.
    Comment: One commenter stated that since export permits for live 
American alligators had been issued in the past, the Service should 
continue to issue them.
    Response: The Service is required to use the best scientific 
information available in making the required determinations for issuing 
export permits. When new or additional information is brought to our 
attention, the Service has an obligation to review that information and 
use it, as appropriate, in making future decisions on permit issuance. 
Because several entities contacted the Service concerning the impacts 
of live American alligator exports, it became our responsibility to 
seek out and evaluate all information available that would assist us in 
making the determinations required prior to permit issuance. If the 
information indicates persuasively that there are concerns that 
previously had not been considered, those concerns must be addressed.
    Comment: One commenter felt that export of live American alligators 
should be allowed if the destination was not within the habitat of 
other crocodilians.
    Response: The Service does not agree. Although the initial 
destination may not be within crocodilian habitat, as outlined 
previously, there is no assurance that the initial destination is the 
final destination. Additionally, although information was provided to 
the Service stating that one facility planning to receive American 
alligators was not within the habitat of other crocodilians, subsequent 
information has indicated that the facility is within the range of two 
endangered crocodilians, one of which was introduced into the area 
after escaping from a crocodilian farm.
    Comment: One commenter stated that since a June 24, 1996, Federal 
Register final rule allowed the import of live Nile crocodiles into the 
United States, there should be no restrictions on the export of live 
American alligators.
    Response: The Service disagrees. Since publication of the final 
rule on Nile crocodile imports, the Service has received a great deal 
of information concerning problems associated with the introduction of 
exotic species into this country as well as other countries. Therefore, 
the question of allowing the import of live, non-native crocodilians 
into the United States is being reviewed separately in the context of 
the Lacey Act prohibitions on import of injurious species. This is a 
related, but separate, issue that is currently under review.
    Comment: One commenter stated that Florida farmed or ranched 
alligators are no longer considered wildlife under Florida rules and 
are ``considered as domestic livestock and personal property for use.'' 
As a result, there should be no additional requirements for commercial 
use of the alligators and that any additional requirements are a 
condemnation of a property right.
    Response: Under Federal regulations, wildlife is defined as ``any 
wild animal, whether alive or dead * * * whether or not bred, hatched, 
or born in captivity, and including any part, product, egg, or 
offspring thereof.'' (50 CFR 10.12) Farmed or ranched alligators are 
still considered wildlife and subject to all applicable Federal laws 
and requirements (including CITES export permits). A ranching program 
such as those developed by the States of Florida and Louisiana relies 
on the availability of natural habitat where wild alligators can 
reproduce naturally. A certain number of the eggs and/or hatchlings are 
taken from the wild based on a formula to ensure sustainability of the 
harvest. The hatchlings are raised on a ``farm'' until the alligators 
are of a suitable size to harvest for their skins. The fact that these 
animals were raised under controlled conditions does not alter the fact 
that they are wildlife both under Federal law and in accordance with 
CITES. Alligator farmers may trade their property (live alligators, 
skins, or products) freely within the United States in accordance with 
State laws. International trade in such property is subject to Federal 
requirements, however , and such export restrictions that are applied 
for the conservation of domestic alligators and foreign crocodilians do 
not in any way affect the possession or use of such property in the 
United States. The proposed policy, if adopted, would not effect a 
taking of property without due process of law. Furthermore, the Service 
continues to issue CITES permits for the export of American alligator 
skins and products based on our ability to make the determinations 
required by CITES.
    Comment: One commenter stated that ``It is a documented fact that 
alligators are notoriously poor breeders in captivity'' and that 
previous live American alligator exports have not resulted in 
commercial farming operations in any other countries.
    Response: The Service disagrees. A permit to export 120 live 
American alligators to Israel was issued in 1981. It was issued with 
assurances from the Israeli CITES Management Authority that the 
alligators would not be commercialized and would be for exhibition 
only. In 1986, due to successful breeding the Israeli facility became 
overcrowded and 200 alligators were shipped to Florida. In October 
1987, the requirement that the alligators not be commercialized was 
rescinded by the U.S. Federal Wildlife Permit Office. The Israeli 
facility stated in a letter to the Service that they did not expect 
their exports of skins to be more than approximately 200 skins per 
year. However, according to statistics obtained from the World 
Conservation Monitoring Centre, from 1989 to 1995 a total of 4,963 
American alligator skins were exported from Israel (an average of 709 
skins per year).
    Comment: One commenter requested a public meeting.
    Response: A public meeting will be held at the Delta Resort in 
Orlando, Florida, on Tuesday, May 5, 1998, from 1:30 p.m. to 3:30 p.m.

Required Determinations

    This notice contains no information collection requirements beyond 
those already approved by the Office of Management and Budget under 44 
U.S.C. 3506 and assigned Clearance Number 1018-0093 with an expiration 
date of February 28, 2001. The Service has determined that an 
environmental assessment is not necessary for this policy as it is a 
permit function categorically excluded under Part 516 of the 
Departmental Manual, Chapter 2. The policy reflects the Service's 
permit decisions based on existing requirements for no detriment 
findings and introduction of exotic species.

Proposed Policy

    Purpose: The Service has been entrusted with certain 
responsibilities under the ESA and CITES regarding export of protected 
species and under Executive Order 11987 in regard to export of exotic 
species. The American alligator (Alligator mississippiensis) is one of 
the few native species included in CITES Appendix II for which we have 
received applications for export of live specimens for commercial 
breeding or resale purposes. Prior to issuance of

[[Page 25516]]

any CITES export permit, the Service must be able to determine that the 
specimens to be exported were legally acquired, that the export would 
not be detrimental to the species, and that live specimens will be 
prepared and shipped in a humane manner. To ensure that the Service 
carries out these responsibilities in a consistent manner, the Service 
will consider the issuance of permits for the export of live American 
alligators (Alligator mississippiensis) in the following context:
    1. Applications for export permits for scientific research should 
include:
    a. Formal research protocol with timetable;
    b. Qualifications of the scientific personnel conducting the 
proposed research;
    c. Description of the facilities where the specimens will be housed 
and precautions that will be taken to prevent escape; and
    d. Plans for disposition of the alligators and any progeny upon 
completion of the research project.
    2. Applications for export permits for zoological display should 
include:
    a. A description of the receiving facility including the housing 
planned or in existence for the requested alligators and measures to be 
taken to prevent escape; and
    b. Plans for disposition of the alligators and any progeny should 
the facility close or become overcrowded.
    3. Applications for export permits for captive breeding or resale 
will not be accepted.
    If adopted, this proposed policy would remain in place until 
further notice. If substantial new biological information is received, 
the basis for these findings would be reviewed.

    Dated: May 1, 1998.
Jamie Rappaport Clark,
Director.
[FR Doc. 98-12292 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-55-P