[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26986-26988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10890]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-IA-2014-N086; FXIA16710900000-145-FF09A30000]


Interim Suspension of Imports of Elephant Trophies From Zimbabwe

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Interim Suspension on Importation of Zimbabwean 
Elephant Trophies.

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SUMMARY: On April 4, 2014, the U.S. Fish and Wildlife Service (Service) 
announced an interim suspension on importation of sport-hunted African 
elephant trophies taken in Zimbabwe during the 2014 season (on April 
17, 2014, the Service revised this finding, primarily to clarify that 
the suspension applied only to elephants hunted on or after April 4, 
2014). The decision to suspend importation of African elephant trophies 
taken in Zimbabwe was due primarily to the Service having insufficient 
information on the status of elephants in Zimbabwe and the current 
management program in Zimbabwe to determine that the killing of the 
animal whose trophy is intended for import into the United States would 
enhance the survival of the species.

DATES: The temporary suspension described in this document went into 
effect April 4, 2014, and will remain in effect until we provide 
further notice.

ADDRESSES: Timothy J. Van Norman, Chief, Branch of Permits, Division of 
Management Authority, U.S. Fish and Wildlife Service, 4401 North 
Fairfax Drive, Room 212, Arlington, VA 22203; fax (703) 358-2280; or 
email [email protected].

FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, (703) 358-2104 
(telephone); (703) 358-2280 (fax); [email protected] (email).

SUPPLEMENTARY INFORMATION:

Background

    The African Elephant (Loxodonta africana) is listed as threatened 
under the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and is 
regulated under a special rule found at 50 CFR 17.40(e). The special 
rule includes specific requirements for the import of sport-hunted 
trophies, including marking requirements for ivory. Under Sec.  
17.40(e)(3)(iii)(C), in order for the U.S. Fish and Wildlife Service 
(Service) to authorize the import of a sport-hunted elephant trophy, 
the Service must find that the killing of the animal whose trophy is 
intended for import into the United States would enhance the survival 
of the species.
    Zimbabwe has had an active elephant hunting program for more than 
20 years and imports of elephant trophies into the United States have 
occurred at least since 1997, when the Zimbabwe elephant population, 
along with populations in Botswana and Namibia, was downlisted to 
Appendix II of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). When the population was 
downlisted, the Service published a Federal Register notice that 
acknowledged that, as these elephants were classified as an Appendix II 
population, no U.S. import permit would be required to import trophies. 
However, we did state that in accordance with the special rule under 
the ESA, the requirement for an enhancement finding would continue to 
apply (62 FR 44627, 44633, August 22, 1997). In that Federal Register 
notice, we stated that in making the required enhancement finding for 
import of sport-hunted trophies, the Service would review the status of 
the elephant population and the total management program for elephants 
in each country to ensure the program was promoting the conservation of 
the species. The notice also stated that the Service would make such 
findings on a periodic basis upon receipt of new information on the 
species' population or management. If, based on new information, the 
conditions of the special rule are no longer met, the Service explained 
that it would publish a notice in the Federal Register of any change.

Need for Current Data

    Although African elephant conservation issues have received 
significant attention within CITES over the last 10 or more years, the 
Service

[[Page 26987]]

has limited information on elephant management programs, efforts to 
control poaching, and the effects of legal hunting in Zimbabwe. While 
the Service is aware of a 1997 national elephant management plan, we 
are not aware of any updates to the plan, or whether an adaptive 
management approach has been taken in implementing the plan. In 2007, 
the Service sent a letter to the Parks and Wildlife Management 
Authority of Zimbabwe requesting additional information. While we did 
receive some information at that time, we have not received any 
additional updates directly from government officials since that time. 
Service representatives have met in person with Zimbabwean 
representatives at various times in the past 6 years, but again, little 
new or additional information has been obtained. As stated, with 
African elephants being a prominent species within CITES discussions, 
the Service has received information through documents produced in 
association with CITES activities. However, this information has 
focused more on the ivory trade and poaching, with less about 
regulatory mechanisms in place that would allow for appropriate 
management of elephants, sustainable utilization of elephants, and how 
elephant management is integrated into human communities to reduce 
human-elephant conflicts and support elephant populations.
    According to the International Union for Conservation of Nature 
(IUCN) Species Survival Commission, African Elephant Database report 
``2013Africa'', the elephant population in Zimbabwe in 2007 was 84,416, 
but as of 2013, that population had been reduced to 47,366. However, 
until very recently, the Government continued to provide population 
estimates exceeding 100,000 elephants. The summary in the IUCN report 
indicates that, of recent surveys, only about 1% of the country has 
been covered by more reliable aerial or ground surveys for population 
estimates, while about 50% was covered by less accurate sample counts 
or dung counts. For a substantial portion of the country, no recent 
surveys have occurred, and most estimates are based on 2001 figures. 
Even problem areas such as Hwange National Park where poaching appears 
to have significantly reduced the numbers of elephants do not appear to 
have been surveyed since 2001.
    Several areas that were covered in the current surveys (2006-2010) 
indicate a substantial decline in the population; whether this decline 
is related to habitat degradation or poaching is unknown. Figures 
presented at the 16th Meeting of the Conference of the Parties to CITES 
in Bangkok, Thailand, March 3-14, 2013, indicates that, from 2002-2011, 
the number of elephants illegally killed annually increased 
significantly. While the numbers for 2012 and 2013 are not yet 
available, the trend would indicate a higher percentage of illegal 
killings and a population in decline. However, without further 
information, the Service is unable to determine the reliability of 
these numbers and what influence such a decline, if accurate, is having 
on the elephant population and its habitat in Zimbabwe.
    The Service recognizes that Zimbabwe has established the Parks and 
Wild Life Act, as well as other laws and regulations, which provide a 
strong legal basis for regulating utilization and management of 
elephants within the country. However, with the limited information 
available to the Service at the time the decision to suspend imports 
occurred, it is not clear if resources and governance are adequate to 
successfully implement and enforce the established regulations. Based 
on available information, it appears that the Zimbabwe Parks and 
Wildlife Department receives no funding from the central Zimbabwean 
Government and must rely primarily on hunting revenues. A 2013 CITES 
Panel of Experts raised concerns as to the status of the Zimbabwe Parks 
and Wildlife Department relating to its weak financial base, lack of 
management skills, inadequate and old equipment, and poor 
infrastructure. However, the Service has little information as to 
funding levels or the available financial base, management skills, 
equipment, or infrastructure.
    Without current data on population numbers and trends, government 
efforts to manage elephant populations, government efforts to address 
human-elephant conflicts and poaching, and the state of the hunting 
program within the country, the Service is currently unable to make a 
finding that sport-hunting in Zimbabwe is enhancing the survival of the 
species and that imports of trophies from that sport hunting would meet 
the criteria established under the ESA for African elephants. However, 
we recognize that our inability to make a finding is based primarily on 
a lack of information, not on specific information that shows that 
Zimbabwe's management is not enhancing the survival of the species. 
Therefore, the Service is actively pursuing additional information from 
the Government of Zimbabwe, as well as other sources, in an effort to 
make a final determination on whether African elephant sport-hunted 
trophies taken in 2014 could be imported into the United States.

Recent Action

    Until sufficient additional information can be obtained, the 
Service has established an interim suspension on imports of elephant 
trophies taken from Zimbabwe on or after April 4, 2014, the date the 
suspension was announced through a press release and posting on the 
Service's Web page. Until the Service is able to issue a finding that 
the sport hunting of African elephants in Zimbabwe enhances the 
survival of the species, U.S. hunters are on notice that, while no ESA 
permit is currently required for the import of sport-hunted trophies, 
such imports cannot occur at this time. The current enhancement finding 
has been posted at http://www.fws.gov/international/pdf/enhancement-finding-2014-elephant-Zimbabwe.PDF. In addition, the press release 
announcing the interim suspension and frequently asked questions is 
available at on the Service's Web page (www.fws.gov/international).
    The Service has requested the information necessary to make a final 
decision from the Government of Zimbabwe. After the Service has an 
opportunity to review new information and obtain additional 
information, if necessary, we will make a final decision. If the 
Service finds that sport hunting of African elephants in Zimbabwe 
enhances the survival of the species, the suspension will be lifted. 
If, after reviewing the new information, the Service finds that sport 
hunting of African elephants in Zimbabwe does not enhance the survival 
of the species, the suspension will continue until the Service receives 
new information in the future that would allow it to make a positive 
enhancement finding. Either way, the final finding will be published in 
the Federal Register and made available on the Service's Web page.

Interim Suspension

    This suspension does not prohibit U.S. hunters from traveling to 
Zimbabwe and participating in an elephant hunt. The ESA special rule 
for African elephants does not prohibit take (e.g., hunting) outside 
the United States, but it does prohibit import of sport-hunted trophies 
unless all requirements have been met. Therefore, it is possible that a 
hunter that hunted in Zimbabwe and took an elephant after April 4 could 
import his or her trophy at a later date if the Service can determine 
in the final finding that imports meet the criteria under the ESA. 
Nonetheless, the Service cannot ensure that such imports will ever be 
authorized in the future.

[[Page 26988]]

    Further, this suspension on imports does not affect elephant taken 
in Zimbabwe prior to April 4, 2014. Elephants hunted in previous 
hunting seasons are still eligible to be imported, provided all CITES 
and other import requirements are met.

    Dated: May 7, 2014.
Timothy J. Van Norman,
Chief, Branch of Permits, Division of Management Authority, U.S. Fish 
and Wildlife Service.
[FR Doc. 2014-10890 Filed 5-9-14; 8:45 am]
BILLING CODE 4310-55-P