[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Proposed Rules]
[Pages 48914-48919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19895]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-IA-2008-0121; [96100-1671-0000-B6]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to Delist the Tiger (Panthera tigris)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to remove the tiger (Panthera tigris) from 
the List of Endangered and Threatened Wildlife under the Endangered 
Species Act of 1973, as amended. We find that the petition does not 
present substantial scientific or commercial information indicating 
that removing the species from the List of Endangered and Threatened 
Wildlife may be warranted. Therefore, we will not initiate a status 
review in response to this petition. We ask the public to submit to us 
any new information that becomes available concerning the status of the 
tiger or threats to it or its habitat at any time. This information 
will help us monitor and encourage the conservation of this species.

DATES: The finding announced in this document was made on August 12,

[[Page 48915]]

2010. You may submit new information concerning this species for our 
consideration at any time.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov. Supporting documentation we used in preparing this 
finding is available for public inspection, by appointment, during 
normal business hours at the Branch of Foreign Species, Endangered 
Species Program, U.S. Fish and Wildlife Service, 4401 North Fairfax 
Drive, Suite 400, Arlington, VA 22203; telephone, 703-358-2171; fax, 
703-358-1735. Please submit any new information, materials, comments, 
or questions concerning this species or this finding to the above 
address.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Endangered Species Program (see ADDRESSES); telephone 
703-358-2171; facsimile 703-358-1735. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.), requires that we make a finding 
on whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition, and publish our notice of the 
finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.

Petition History

    On March 5, 2005, we received a petition dated February 25, 2005, 
from Sarah L. Blaskey of Merrionette Park, Illinois, requesting that 
the tiger (Panthera tigris), currently listed as endangered under the 
Act, be removed from the List of Endangered and Threatened Wildlife. 
The petition clearly identifies itself as such and included the 
requisite identification information for the petitioner(s), as required 
in 50 CFR 424.14(a). This finding addresses the petition.

Previous Federal Actions

    The tiger has been the subject of several Federal actions (Service 
2006, pp. 1-2). In 1970, we proposed four subspecies, Panthera tigris 
balica (from Indonesia), Panthera tigris sondaica (from Indonesia), 
Panthera tigris virgata (from Russia, Afghanistan, and Iran), and 
Panthera tigris sumatrae (from Indonesia), as Appendix A species 
(``species and subspecies threatened with extinction in other 
countries'') under the Endangered Species Conservation Act of 1969 
(ESCA) (35 FR 6069, April 14, 1970). We finalized this action on June 
2, 1970 (35 FR 8491), but actual implementation was delayed in the 
United States until August 3, 1970, in order to ensure the orderly 
implementation of these regulations. In 1972, and in recognition of the 
fact that by listing a species the law applies to subspecies as well, 
we delisted the four subspecies and listed Panthera tigris under 
Appendix A of the ``U.S. List of Endangered Foreign Fish and Wildlife'' 
(37 FR 6476, March 30, 1972).
    Two lists of endangered wildlife were maintained under the ESCA: 
One for foreign species and one for species native to the United 
States. Approved on December 28, 1973, the Endangered Species Act of 
1973 (16 U.S.C. 1531-1544) superseded the Endangered Species 
Conservation Act of 1969 (Service 2008d). On January 4, 1974, we 
categorized the tiger as endangered foreign wildlife under 50 CFR 17.11 
(39 FR 1158). On September 26, 1975, the foreign and native lists were 
replaced by a single ``List of Endangered and Threatened Wildlife'' (40 
FR 44412), on which the tiger remained categorized as endangered. Under 
the Act, ``endangered'' means, in part, ``any species which is in 
danger of extinction throughout all or a significant portion of its 
range.'' Under section 9, the Act prohibits unauthorized taking, 
possession, sale, and transport of endangered species. The Endangered 
Species Act of 1973 also implemented the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES; T.I.A.S. 
8249).
    The tiger was included under the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES) in 1977 (42 FR 
10462, February 22, 1977). Panthera tigris altaica (= amurensis) was 
categorized as an Appendix II species under CITES, while all other 
subspecies of Panthera tigris were categorized as Appendix I species. 
Species included in CITES Appendix I are considered to be threatened 
with extinction, and most international trade of these species for 
commercial purposes is banned. CITES Appendix II species are not 
necessarily considered to be threatened with extinction now but may 
become so unless trade in the species is regulated. On July 10, 1987, 
the Service announced a negotiating position to recategorize Panthera 
tigris altaica to Appendix I under CITES, which would mean that all 
tiger subspecies merited protection under Appendix I (52 FR 26043). The 
CITES Party countries agreed and adopted a measure that became 
effective on October 22, 1987. This measure was implemented in the 
United States effective December 28, 1987 (52 FR 48820). On August 23, 
2007, we revised U.S. CITES regulations for 50 CFR parts 10, 13, 17, 
and 23 covering the period from 1979 to 2004 (72 FR 48402).
    Two additional sets of Federal regulations are relevant to the 
tiger: the Captive Bred Wildlife (CBW) registration program under the 
Act and the Captive Wildlife Safety Act (CWSA). The Act and 
implementing regulations prohibit any person subject to the 
jurisdiction of the United States from conducting certain activities 
with endangered or threatened species of fish, wildlife, or plants. 
These activities include import, export, take, and interstate or 
foreign commerce. The Secretary of the Interior may permit such 
activities, under such terms and conditions as he will prescribe, for 
scientific purposes or to enhance the propagation or survival of the 
affected species, provided these activities are consistent with the Act 
(Service 2003, p. 1). Since 1976, the Service has been striving to 
achieve an appropriate degree of control over prohibited activities 
involving living wildlife of nonnative species born in captivity in the 
United States. The regulations that we published in 1998 (63 FR 48634, 
September 11, 1998) reflect the Service's interpretation of the 
appropriate degree of control for these species of captive bred 
wildlife.
    The Service has determined that, under the CBW registration system, 
activities can be conducted without first registering with the Service 
for ``generic'' or inter-subspecific crossed tigers (63 FR 48634, 
September 11, 1998). The Service defines ``generic'' or inter-

[[Page 48916]]

subspecific crossed tigers as ``Panthera tigris (i.e., specimens not 
identified as or identifiable as members of the Bengal, Sumatran, 
Siberian, or Indochinese subspecies (Panthera tigris tigris, P.t. 
sumatrae, P.t. altaica, and P.t. corbetti, respectively))'' provided 
that 50 CFR 17.21(g)(6) applies. This determination reiterates the 
Service's philosophy on its approach to captive versus wild 
populations: ``The Service considers the purpose of the Act to be best 
served by conserving species in the wild along with their ecosystems. 
Populations of species in captivity are, in large degree, removed from 
their natural ecosystems and have a role in survival of the species 
only to the extent that they maintain genetic integrity and offer the 
potential of restocking natural ecosystems where the species has become 
depleted or no longer occurs'' (63 FR 48635, September 11, 1998). CBW 
regulations were amended and became effective on October 13, 1998. They 
apply to tigers that are identified as, or identifiable as, one of the 
four subspecies. If used in interstate commerce, these tigers must 
either be registered with the Service through CBW, or permitted via an 
enhancement of survival permit (section 10(a)(1)(A) of the Act). In 
addition, the majority of CBW registered tigers are managed in the 
United States under the Species Survival Plan Program of the 
Association of Zoos and Aquariums (AZA; see AZA 2008; Minnesota Zoo 
2008).
    The CWSA amended the Lacey Act and addressed concerns about public 
safety and the growing number of big cats in private hands in the 
United States. Under the CWSA, several prohibitions apply to the tiger, 
as well as several other species generically identified by the Service 
as ``big cats.'' The CWSA regulations (72 FR 45938, August 16, 2007) 
apply to tigers at the species level, as well as subspecies and hybrids 
(Service 2007, pp. 1-2). Unless you are exempt, you may not move live 
big cats, including tigers, across State lines or the U.S. border. 
Prohibited activities include: Import into or export out of the United 
States; interstate sale and purchase; transport across State lines; and 
receiving or acquiring big cats if the animals are moved from one State 
to another (72 FR 45938, August 16, 2007). These prohibitions became 
effective on September 17, 2007.
    In order to be exempt from CWSA prohibitions, you must be licensed 
by the Animal and Plant Health Inspection Service of the U.S. 
Department of Agriculture (USDA) under the Animal Welfare Act; a State 
college, university, or agency; a State-licensed wildlife 
rehabilitator; a State-licensed veterinarian; or an accredited wildlife 
sanctuary that meets certain criteria. License holders typically 
include zoos, circuses, and those who conduct research with wild 
animals.
    Panthera tigris is also a beneficiary of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5306), as amended. This Act, in 
part, authorizes the Secretary of the Interior to assist in the 
conservation of rhinoceros and tigers by supporting the conservation 
programs of nations whose activities directly or indirectly affect 
these taxa (Service 2004, p. 11; Service 2008a,b). In addition, this 
Act directs the Secretary of the Interior to convene an advisory group 
of individuals to assist in carrying out the Act. In 1998, this Act was 
amended to prohibit the sale, importation, or exportation of products 
labeled or advertised as rhinoceros or tiger products (Pub. L. 105-312; 
16 U.S.C. 5305a). As amended, the law states that a person shall not 
sell, import, or export, or attempt to sell, import, or export, any 
product, item, or substance intended for human consumption or 
application containing, or labeled or advertised as containing, any 
substance derived from any species of rhinoceros or tiger (16 U.S.C. 
5305a(a)).

Species Information

    The tiger is the largest species of the cat family (Felidae) and is 
the top predator throughout its range (Maz[aacute]k 1981, pp. 1-2; Cat 
Specialist Group 2002; ITIS 2008). Tigers are quite muscular and have a 
large head. The teeth are very strong. Adults are usually about 2.2-3.0 
meters (m) in length (7.2-9.8 feet (ft)). Females are usually smaller 
than males. Body weights of 258.2-306.5 kilograms (kg) (569-675 pounds 
(lbs)) have been reported, but males typically weigh about 170 kg (375 
lbs), while females weigh about 113 kg (249 lbs).
    Tigers originally ranged from eastern Turkey to southeastern 
Siberia and the Malay Peninsula, Sumatra, Java, and Bali (Maz[aacute]k 
1981, pp. 2-3). The current geographic distribution is greatly reduced, 
and tigers have been exterminated from most of their former geographic 
range. At the end of the 19th century, there may have been as many as 
100,000 tigers in the wild (Nowak 1999, p. 828). Currently, tiger 
populations are smaller, increasingly more isolated, and progressively 
more fragmented than before. Based on estimates by species experts, 
extant tiger populations total about 7,700 individuals in the wild and 
occupy only about 7 percent of their original range in areas from India 
to Vietnam, as well as in Sumatra, China, and the Russian Far East 
(Dinerstein et al. 2006, p. ii). Tigers primarily occur in forested 
areas, but can also be found in grasslands and savannahs (Nowak 1999, 
p. 825). These areas increasingly are being converted to agricultural 
uses, leading to conflicts between tigers and farmers. Cover, water, 
and sufficient prey are the main habitat requirements of tigers 
(Maz[aacute]k 1981, p. 4).
    Females typically give birth to about one to four cubs per litter 
(Maz[aacute]k 1981, p. 4). New litters are born about every 2-4 years 
after the young of the previous litter have become independent of the 
mother and have left the family unit (Nowak 1999, p. 827).
    Except for the mating season, tigers are usually solitary. Some 
tigers are territorial, while others share home ranges. Shared home 
ranges are often occupied by litter mates or members of extended tiger 
families (Nowak 1999, p. 827). Territory sizes usually range from about 
200 to 1,000 square kilometers (km\2\) (77-386 square miles (mi\2\)) in 
size, depending on habitat quality and prey availability.
    Tigers, which hunt primarily at night, mainly prey upon larger 
mammals, especially ungulates (Nowak 1999, p. 826). Domestic livestock, 
such as cattle, water buffalos, goats, and dogs, are also frequently 
taken by tigers (Maz[aacute]k 1981, p. 5). These attacks are a major 
cause of conflicts with local farmers. Tigers also attack and kill 
humans, especially in India (Nowak 1999, p. 827; Nowell and Jackson 
1996, p. 57).
    Conservation threats to tigers include being poisoned, shot, 
trapped, and snared, as well as loss or modification of habitat and 
reductions to natural prey populations (World Wildlife Fund 
International undated, p. 1). These threats are widespread and ongoing 
(e.g., Environmental Investigation Agency 1998, 2006a, 2006b; Johnson 
et al. 2006, pp. 7-8; Poole and Johnson 2008; Ng and Nemora 2007, pp. 
vi-vii; Shepherd and Magnus 2004, pp. vi-vii).
    Recent reports suggest that natural mortality of tigers is being 
replaced by mortality due to man. Historically, bears, wild pigs, and 
other large mammals were major predators of tigers; today, tigers 
increasingly are being killed by human hunters (Maz[aacute]k 1981, p. 
5). As a result, tiger populations in most areas are greatly reduced 
due to human activities.
    International trade in tigers has been a source of concern to 
conservationists and species experts for many years. According to 
Inskipp and Wells (1979, p. 40), big cats already showed signs of 
becoming rare in the 1960s. Three tigers

[[Page 48917]]

were imported into the United States in 1968 (Jones 1970, p. 19). 
During 1968-1972, 17 living tigers were imported into the United States 
(McMahan 1986, p. 468). Following the ratification of CITES in the 
United States, during 1979-1980, a total of 103 live tigers were 
imported according to Service records. Overall, a total of 317 live 
Appendix I tigers were reported in international trade during 1979-1980 
(McMahan 1986, p. 471).
    More recently in the United States, more than 130 live tigers were 
either imported, exported, or re-exported legally during 2004-2006 
(purpose of transaction: zoos, circuses and traveling exhibitions, and 
breeding in captivity; Service 2008c). About 6,000 illegally obtained 
items during that same time period were either abandoned at the port of 
entry or seized by U.S. law enforcement officials (primarily skins, 
teeth, trophies, and articles used for traditional medicine). At the 
international level during 1976-1990, the average annual trade in 
tigers reported to CITES was about 16 individuals per year (primarily 
trophies; Nowell and Jackson 1996, p. 226). Elsewhere, reports about 
India (Environmental Investigation Agency 1998, 2006a, 2006b; Wright 
2007) and Indonesia (Sumatra Island; Ng and Nemora 2007; Shepherd and 
Magnus 2004) document an ongoing illegal commercial and recreational 
trade in those countries. Wright (2007, p. 10) reported 34-81 tigers 
poached per year in India during 1998-2006. Poaching and killing tigers 
to protect livestock are also reported rangewide (Nowell and Jackson 
1996, pp. 180-195).
    Little is known about the nature or extent of disease in wild tiger 
populations. According to Nowell and Jackson (1996, p. 58), tiger 
mortality during the second year of life is 17 percent, while 
infanticide is overall the most common cause of cub death. Furthermore, 
Nowell and Jackson (1996, pp. 64-65) suggest that natural mortality is 
being replaced with mortality due to human activities.
    Tigers can live up to about 15 years of age in the wild and up to 
26 years of age in captivity (Nowell and Jackson 1996, p. 58). Habitat 
loss and reductions in the size of tiger prey populations increasingly 
are becoming significant determinants in tiger population sizes and 
geographic distribution. According to species experts, large tracts of 
contiguous habitat are essential to assure the survival of wild tigers 
on a long-term basis; small, isolated reserves cannot be relied upon to 
conserve the species (Nowell and Jackson 1996, p. 65).
    Tigers readily breed in captivity and often are included in the 
exhibitions of larger zoos (Maz[aacute]k 1981, p. 6). The Leipzig Zoo 
has maintained the International Tiger Studbook since 1973 (M[uuml]ller 
2004), while the AZA coordinates the Species Survival Plan Program (AZA 
2008; Minnesota Zoo 2008). Species experts have recently proposed 
designs for landscape conservation efforts (Wikramanayake et al. 2004), 
as well as conservation and recovery priorities for wild tigers 
(Dinerstein et al. 2006; Sanderson et al. 2006).
    There is a relatively large population of tigers in captivity. 
According to Werner (2005, p. 24), there are approximately 264 tigers 
in AZA-registered institutions in the United States, 1,179 in assorted 
wildlife sanctuaries, 2,120 in USDA-registered institutions, and 1,120 
in private ownership (approximate U.S. total = 4,692 tigers). An 
additional 5,000 tigers have been reported in captivity in China at 
sites popularly identified as tiger farms, with an annual production of 
800 individuals (CITES 2007b, p. 4). The long-term status of these 
captive tigers, however, has been questioned by some as the Government 
of China is studying and assessing a suggestion to use the bones of 
captive specimens for domestic purposes in traditional Chinese medicine 
(CITES 2007c, p. 7; CITES 2007d, p. 7). While domestic trade in tiger 
bone has been prohibited in China since 1993, traditional Chinese 
medicine--based in part on the use of tiger bones--continues (Shepherd 
and Magnus 2004; Nowell 2007; Ng and Nemora 2007). Fewer than 1,000 
tigers occur in public zoos in Europe and Japan (Ron Tillson, cited by 
Morell 2007, p. 1312), while data for the quantity of tigers in private 
collections in Europe and Japan are not readily available.

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533), and implementing regulations 
at 50 CFR part 424, set forth the procedures for adding a species to, 
or removing a species from, the Federal Lists of Endangered and 
Threatened Wildlife and Plants. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in section 4(a)(1) of the Act:
    (A) Present or threatened destruction, modification, or curtailment 
of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    We must consider these same five factors in delisting a species. We 
may delist a species according to 50 CFR 424.11(d) if the best 
available scientific or commercial data indicate that the species is 
neither endangered nor threatened for the following reasons:
    (1) The species is extinct;
    (2) The species has recovered and is no longer endangered or 
threatened; or
    (3) The original scientific data used at the time the species was 
classified were in error.
    In making this 90-day finding, we evaluated whether information 
regarding the threats to the tiger, as presented in the petition and 
other information available in our files, is substantial, thereby 
indicating that the petitioned action may be warranted. Our evaluation 
of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

Information Provided in the Petition
    The petitioner provides no information that suggests that threats 
to the habitat or range of the tiger have been reduced or eliminated.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    The information in Service files as described in the Species 
Information section (above) suggests that, rather than improving, the 
habitat or range of the tiger is deteriorating in quantity and quality 
throughout its range. Given the lack of information in the petition 
addressing the threats to habitat or range, and information in our 
files that indicates these threats are ongoing and increasing, we have 
determined that the information provided in the petition, as well as 
other information in our files, does not present substantial scientific 
or commercial information indicating that the petitioned action may be 
warranted due to the reduction or elimination of threats to the tiger's 
habitat or range.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Information Provided in the Petition
    The petitioner provides copies of documents that indicate that 
large numbers of tigers are held in captivity in the United States. 
According to the petition, up to 10,000 tigers are being

[[Page 48918]]

maintained as pets in the United States. In addition, the petitioner 
suggests that the total population of tigers in the world may be 
approximately 20,000 individuals, including those maintained as pets by 
private individuals and those tigers in zoos or wildlife sanctuaries. 
The petitioner asserts that, given the number of individuals in the 
wild and in captivity, the species is no longer at risk of extinction.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Although the petitioner acknowledges the number of tigers in the 
United States held as pets, in zoos, and in sanctuaries, the petition 
does not address the threat of overutilization of tigers for 
commercial, recreational, scientific, or educational purposes, or 
whether these threats have been reduced or eliminated. As described in 
the Species Information section, the information in Service files 
indicates that tigers have been and continue to be widely used for 
commercial, recreation, scientific, or educational purposes. Although 
the Service is not aware of any scientific or commercial information 
indicating overutilization of tigers for scientific or educational 
purposes, information in Service files indicates that overutilization 
for commercial and recreational purposes is ongoing and widespread.
    Given that the petition does not address the threat of 
overutilization of tigers, and information in our files indicates this 
threat is ongoing and widespread, we find that the information provided 
in the petition, as well as other information in our files, does not 
present substantial scientific or commercial information indicating 
that the petitioned action may be warranted due to the reduction or 
elimination of the threat of overutilization of the tiger for 
commercial, recreational, scientific, or educational purposes.

C. Disease and Predation

Information Provided in the Petition
    The petitioner does not provide any information about tiger disease 
or predation.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    As described in the Species Information section, among the 
documents available in Service files, little mention is made of disease 
or predation as a conservation factor for tigers. The Service is not 
aware of any scientific or commercial information that indicates that 
the conservation status of the tiger with respect to disease or 
predation has improved. It does not appear, however, that disease or 
predation are important factors that negatively affect the conservation 
status of the tiger at this time. Because the petitioner provided no 
information about tiger disease or predation, and information in our 
files appears to indicate that disease or predation are not important 
factors negatively affecting the conservation status of the species, 
the information available to us does not support or oppose this 
petition to delist the species. As such, we have determined that the 
information provided in the petition, as well as other information in 
our files, does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted due 
to the reduction or elimination of tiger disease or predation.

D. The Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
    The petitioner does not provide any information that suggests that 
existing regulatory mechanisms have resulted in a reduction or 
elimination of threats to the tiger. Several of the supporting 
documents presented by the petitioner generally describe that many 
tigers are maintained as pets, but the petition does not indicate how 
this information relates to delisting the tiger under this factor.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Information in the Service's files, as described in the Species 
Information section, consists of several reports that make special 
mention of the positive conservation benefits to tigers as a result of 
their being listed under Appendix I of CITES. As a result of CITES and 
the associated regulatory mechanisms, according to these reports, 
international trade of live tigers, as well as tiger parts, products, 
and derivatives for commercial purposes has decreased, but persists 
(Environmental Investigation Agency 2006a; Klenzendorf undated; Ng and 
Nemora 2007; Nowell 2007; Poole and Johnson 2008; Shepherd and Magnus 
2004; Wright 2007).
    Within the context of CITES, the CITES Secretariat and the Standing 
Committee have compiled information on the status of wild and captive 
tiger populations, as well as the implementation of CITES decisions and 
resolutions by importing, exporting, and re-exporting countries (e.g., 
CITES 2007b,c,d; CITES 2008a,b,c,d). Furthermore, the enforcement of 
CITES prohibitions relating to international trade of tigers has been 
made more effective through the adoption and implementation of several 
CITES resolutions that call for stricter controls of international 
trade (CITES 1997, 2000, 2002a, 2002b, 2007a).
    While CITES regulatory mechanisms may have positive conservation 
impacts on tigers, a number of inherent limitations have been 
identified that may reduce the usefulness of these mechanisms at the 
international level as a conservation tool for tigers. According to 
Santagelo (2005, p. 119), CITES has several major limitations related 
to enforcement, permits, and reporting. The inability of CITES to 
remedy implementation failures at the national level, however, perhaps 
is the most serious weakness of this regulatory mechanism and directly 
affects conservation and research of the tigers. The issue of tiger 
farming within the context of CITES, especially in China if the use of 
tiger bones from captive specimens is legalized, has been identified as 
a potentially serious regulatory problem (Santagelo 2005, p. 126).
    While several international regulatory mechanisms affect the 
conservation status of tigers, serious and specific threats to the 
species at the national level remain. Several reports suggest that 
appropriate regulatory mechanisms continue to be lacking in many range 
countries (Tiger Task Force 2005, pp. vi-x; Environmental Investigation 
Agency 1998, 2006a). Poaching occurs throughout the range of the tiger. 
The seizure or abandonment mentioned above of about 6,000 items (tiger 
parts, products, or derivatives) during 2004-2006 by U.S. law 
enforcement officials at ports of entry also underscores the inadequacy 
of existing regulatory mechanisms in several countries that export or 
re-export tigers or tiger parts, products, or derivatives.
    Several reports have suggested potential problems associated with 
the possession or private ownership of tigers in captivity in the 
United States. According to these reports, the exact number of tigers 
in captivity is unknown; breeding and husbandry controls vary from 
State to State; and the disposal of tiger parts, products, and 
derivatives is not monitored at the Federal level (Williamson and Henry 
2008, pp. 1-4; World Wildlife Fund-US 2008). This information, 
according to these reports, is critical to the effective management of 
tigers in the United States.

[[Page 48919]]

    Captive tigers in the United States are regulated under the CBW and 
CWSA. Regulations adopted under the CBW reflect a determination by the 
Service to focus Federal activities on wild specimens where 
conservation benefits will be most effective (63 FR 48634, September 
11, 1998). Regulations adopted under the CWSA address big cats, 
including tigers, and public safety issues in the United States (72 FR 
45938, August 16, 2007; Service 2007). It is the Service's 
determination that these two regulatory mechanisms provide an adequate 
level of control of captive tigers in the United States despite the 
potential problems mentioned above. Beyond U.S. borders, the Service is 
not aware of any scientific or commercial information that indicates 
that existing regulatory mechanisms are adequate for all or most of the 
countries where tigers either occur in the wild or are maintained in 
captivity.
    In summary, we have determined that the information provided in the 
petition, as well as other information in our files, does not present 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted due to the reduction or elimination 
of the threat of inadequacy of existing regulatory mechanisms with 
respect to the tiger.

E. Other Natural or Manmade Factors Affecting Continued Existence

Information Provided in the Petition
    The petitioner does not provide any information about other natural 
or manmade factors affecting the continued existence of the tiger.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    The information in Service files, as described in the Species 
Information section above, includes several reports by internationally 
recognized tiger experts. These reports cite the importance of reducing 
or eliminating poaching, reversing habitat conversion and 
fragmentation, stopping the loss of the tiger prey base (especially 
ungulates taken by subsistence hunters), and eliminating human-tiger 
conflicts due to livestock grazing (Nowell and Jackson 1996, pp. 64-65; 
Species Programme 2002; Dinerstein et al. 2006, pp. ii-iv; Johnson et 
al. 2005; Johnson et al. 2006; Sanderson et al. 2006, pp. iii-vi). 
Environmental Investigation Agency (2006a, p. 20) specifically cites 
the recent example of poisons being placed in the carcasses of dead 
livestock to kill tigers returning to the site of a kill. The Service 
is not aware of any scientific or commercial information suggesting 
that the conservation status of tigers in any range country has 
undergone significant improvement. The Service is aware of improvements 
in husbandry techniques for captive tiger populations in several zoos 
and wildlife sanctuaries (M[uuml]ller 2004), but it is not clear if 
privately held tigers are also benefitting from those changes.
    In conclusion, based on the documents available to the Service, 
information about other natural or manmade factors affecting the 
continued existence of the tiger does not support this petition to 
delist the species.

Finding

    The key element of the petition to delist the tiger is an assertion 
by the petitioner that the tiger population has grown exponentially 
over the past 35 years (since listing under the Act) and that there are 
approximately 20,000 tigers in the wild or in zoos and sanctuaries 
worldwide. Information about tigers available to the Service and 
summarized above suggests that over the past century both the total 
population size and the extent of the geographic range of the species 
in the wild are much reduced from previous levels. Tiger habitat 
continues to be converted to agricultural purposes, while remaining 
patches of tiger habitat increasingly are becoming fragmented and 
isolated from each other. This loss directly affects tigers, as well as 
the prey on which they depend. Poaching and illegal trade of tigers, 
domestic as well as international, especially for traditional Chinese 
medicine, continue despite increased national and CITES controls (Bolze 
et al. 1998, pp. 2-3; Henry 2004, pp. 12-13; Nowell and Ling 2007, pp. 
v-vi).
    The petitioner does not provide information related to the relevant 
factors that the Service considers when reviewing proposals to list or 
delist a species, including the factors provided under subsection 
4(a)(1) of the Act. The information in Service files, including several 
rangewide reports by internationally recognized tiger experts, numerous 
national reports, and trade summaries involving the United States and 
other countries, suggest that conservation threats to the tiger remain 
widespread and ongoing. While there may be some success stories in 
terms of tiger conservation (e.g., Phoenix Fund 2001, 2004; Save the 
Tiger Fund 2005, 2007; Gratwicke et al. 2007; World Wildlife Fund 
International undated), in general the conservation status of the 
species throughout its range is deteriorating. In conclusion, the data 
in our files do not support the petitioned action.
    We have reviewed the petition, as well as the literature cited in 
the petition, and have evaluated that information in relation to 
information available to the Service. Based on this review and 
evaluation, we find that the petition does not present substantial 
scientific or commercial information to indicate that the delisting of 
the tiger may be warranted at this time. Although we will not commence 
a status review in response to this petition, we will continue to 
monitor the tiger's population status and trends, potential threats to 
the tiger, and ongoing management actions that might be important with 
regard to the conservation of the tiger across its range. We encourage 
interested parties to continue to gather data that will assist with the 
conservation of the species. If you wish to provide information 
regarding the tiger, you may submit your information or materials to 
the Chief, Branch of Foreign Species, Endangered Species Program (see 
ADDRESSES).

References Cited

    A complete list of all references cited in this document is 
available, upon request, from the Branch of Foreign Species, Endangered 
Species Program (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary author of this notice is the Staff of the Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service (see ADDRESSES).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 3, 2010.
Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-19895 Filed 8-11-10; 8:45 am]
BILLING CODE 4310-55-P