[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44459-44461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18013]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-IA-2014-N156; FXIA16710900000-145-FF09A30000]


Notice of Suspension of Imports of Zimbabwe Elephant Trophies 
Taken in 2014 on or After April 4, 2014

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: On July 17, 2014, the U.S. Fish and Wildlife Service (Service) 
made a determination that the import of sport-hunted African elephant 
trophies taken in Zimbabwe on or after April 4, 2014, until December 
31, 2014, would be suspended. The decision to suspend importation of 
African elephant trophies taken in Zimbabwe was due to the Service 
being unable 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 in the wild. Due to technical revisions needed 
to address an editorial error and to reflect consideration of ETIS data 
from the 16th Meeting of the Conference of Parties to CITES 
unintentionally left out of the July 17 finding document, the July 17 
document was revised on July 22. These technical revisions did not 
alter the analysis or decision announced in the July 17 finding. This 
2014 determination supersedes the interim suspension published in the 
Federal Register on May 12, 2014.

ADDRESSES: Timothy J. Van Norman, Chief, Branch of Permits, Division of 
Management Authority, U.S. Fish and Wildlife Service, MS: IA, 5275 
Leesburg Pike, Falls Church, VA 22041-3803; 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: 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. Under paragraph 17.40(e)(3)(iii)(C), 
in order for the 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 would enhance the survival of the 
species in the wild (an ``enhancement finding'').
    Zimbabwe has had an active elephant hunting program for over 20 
years, and imports 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) (South Africa's population was downlisted at a later

[[Page 44460]]

date). When the population was downlisted, the Service published a 
Federal Register notice that acknowledged that, because Zimbabwe's 
elephants were an Appendix-II population, no U.S. import permit would 
be required to import trophies, but 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; August 22, 1997). In that 
Federal Register notice, we stated that, in making the required 
enhancement finding for the 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 that 
the program was promoting the conservation of the species. The Federal 
Register also noted 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 were no longer met, the Service explained that it 
would publish a notice in the Federal Register of any change.
    On April 4, 2014, the Service announced an interim suspension of 
imports of sport-hunted elephant trophies taken in Zimbabwe during the 
2014 season. This finding was revised on April 17, 2014, primarily to 
clarify that the suspension applied only to elephants hunted on or 
after April 4, 2014. This determination was announced in the Federal 
Register on May 12, 2014 (79 FR 26986). The decision to establish an 
interim suspension of imports of elephant trophies from Zimbabwe was 
due to the Service having insufficient information on the status of 
elephants in Zimbabwe as well as Zimbabwe's current elephant management 
program to make an enhancement finding.
    Although African elephant conservation issues have received 
significant attention within CITES over the last 10 or more years, the 
Service has limited information on elephant management programs, 
efforts to control poaching, and the effects of legal hunting in 
Zimbabwe. While the Service was aware of a 1997 national elephant 
management plan, we were not aware of any updates to the plan, or 
whether an adaptive management approach had been taken in implementing 
the plan. In 2007, the Service sent a letter to the Parks and Wildlife 
Management Authority of Zimbabwe (ZPWMA) requesting additional 
information. While we did receive some information at that time, we had 
not received any additional updates directly from Zimbabwe since then.
    Service representatives met in person with representatives from 
Zimbabwe at various times in the past 6 years, but again, little new or 
additional information was obtained. As stated, because African 
elephants have received a significant level of attention from the CITES 
Parties (member nations), including the United States, the Service had 
received information on African elephants in Zimbabwe from documents 
produced for CITES meetings or for other CITES-related activities. 
However, this information was focused more on the ivory trade and 
poaching, with less about regulatory mechanisms in place that would 
allow for appropriate management (including sport hunting) of 
elephants, sustainable utilization of elephants, and how elephant 
management is integrated into human communities to reduce human-
elephant conflicts and support elephant populations.
    On April 4, 2014, the Service sent a letter to Zimbabwe with a 
number of questions regarding the status of elephants in Zimbabwe and 
the hunting program. On April 17, 2014, the Director-General of ZPWMA 
sent a response (herein referred to as ZPWMA response) to the Service 
inquiry. Several weeks later, the Service received a number of 
documents, copies of Zimbabwean laws, and other supporting 
documentation that was referenced in the ZPWMA response. In addition, 
on June 6, 2014, the Service received additional supporting information 
from a U.S.-based conservation and hunting non-governmental 
organization (NGO). The Service has also received a number of comments 
from individuals and associations connected to the hunting industry in 
Zimbabwe or southern Africa.
    Zimbabwe's current national elephant management plan consists of 
primarily two documents: The Policy and Plan for Elephant Management in 
Zimbabwe (1997) and Elephant Management in Zimbabwe, third edition 
(July 1996). Although the documents provide a well-developed list of 
goals and objectives, there is no information in these documents on how 
to achieve or fulfill these goals and objectives, nor do there appear 
to be any subsequent updates of the documents or reports that provide 
any indication of progress on fulfilling these management goals and 
objectives. Without management plans with specific goals and actions 
that are measurable and reports on the progress of meeting these goals, 
the Service cannot determine if ZPWMA is implementing the well-
articulated, but general, goals and objectives that appear in Elephant 
Management in Zimbabwe and The Policy and Plan for Elephant Management 
in Zimbabwe. Overall, ZPWMA did not provide, and the Service otherwise 
does not have, any information indicating that Zimbabwe is 
implementing, on a national scale, appropriate management measures for 
its elephant populations.
    According to the IUCN SSC African Elephant Database report 2013 
Africa, the elephant population in Zimbabwe in 2007 was 99,107, of 
which 85 percent (84,416) was classified as ``definite'' and only 0.3 
percent (291) was classified as ``speculative.'' While the total 
population in 2012 was estimated at 100,291, only 47 percent (47,366) 
was classified as ``definite'' and 45 percent (45,375) were classified 
as ``speculative.'' According to this report, half of the population 
estimates included in 2012 is older than 10 years, resulting in a 
degradation of the quality of data. Very few new surveys have been 
conducted since 2007, and of those conducted, they only covered a small 
percentage of the overall population. While the Zimbabwe government 
continues to state that elephant population estimates exceed 100,000 
elephants, this number is clearly based on outdated information.
    Without current population estimates and a better understanding of 
the offtake from other sources, such as poaching, culling, and problem 
animal control, it is not possible for the Service to determine if the 
total offtake exceeds recommendations made in Zimbabwe's management 
document, Elephant Management in Zimbabwe, that no more than 0.75 
percent of all males in the population should be removed annually. With 
the reliability of current population estimates, it is not possible to 
evaluate if the current export quota of 500 elephants should be 
adjusted. There is currently a multi-national effort, the Pan African 
Elephant Aerial Survey, to conduct aerial surveys across most of the 
African elephant's range in 2014, including Zimbabwe. The survey will 
provide a more definitive estimate of Zimbabwe's population, along with 
a more robust carcass ratio (number of carcasses observed compared to 
the number of live elephants counted). In conjunction with data that 
will come from efforts carried out under the CITES' project, Monitoring 
the Illegal Killing of Elephants, a better understanding of the 
population dynamics within Zimbabwe can be developed. However, to 
provide accurate estimates, the Pan African Elephant Aerial Survey 
would have to be conducted using standardized survey

[[Page 44461]]

protocols that incorporate modern technological improvements, including 
the use of the latest technological advancements such as voice-data 
recordings and geo-referenced digital photographs of all elephant and 
carcass sightings.
    The Zimbabwean Parks and Wild Life Act has established the 
regulatory mechanism for the ZPWMA and its programs, and also provides 
for substantial penalties for the unlawful possession of or trading in 
ivory. In addition, the General Laws Amendment Act (No. 5) of 2010 
provides for mandatory imprisonment of not less than 9 years for 
poaching. If properly enforced, it appears these penalties would be a 
sufficient deterrent for poachers. However, based on the information 
the Service currently has, we do not have a good understanding of the 
ZPWMA's annual operational budget, how much money is generated by 
elephant hunting, or how these funds (or the lack of these funds) 
impacts the ability of ZPWMA to adequately implement the Parks and Wild 
Life Act or to carry out day-to-day management activities or anti-
poaching efforts. In January 1996, the Government of Zimbabwe approved 
the establishment of the Parks and Wild Life Conservation Fund, a 
statutory fund responsible for financing operations directly from 
wildlife revenues. However, revenues generated through sport hunting 
conducted on State and private lands are primarily used to finance 
ZPWMA, and only limited additional funding is available from 
appropriated funds from the Zimbabwe government or outside funding from 
NGOs. A 2002 Panel of Experts, formed in connection with CITES, raised 
concerns as to the status of ZPWMA relating to its weak financial base, 
lack of management skills, inadequate and old equipment, and poor 
infrastructure. No new information relevant to these concerns was 
provided by ZPWMA or other sources as a result of the Service's April 4 
inquiry. We have no current information as to the funding level of 
ZPWMA or any indication that the financial base, management skills, 
equipment, or infrastructure have improved.
    According to information provided to the Service, Zimbabwe has 
methodology, including participation from a number of stakeholders, for 
establishing annual hunting quotas for all areas of the country. While 
the methodology is based on sound wildlife management principles used 
globally, the Service did not receive specific information on how these 
quotas are established, whether other forms of offtake, such as 
poaching and problem animal control, were taken into account, or to 
what degree biological factors are taken into consideration (as opposed 
to economic and societal considerations). The current quota-setting 
process utilized by ZPWMA may actually be a very effective system that 
takes into consideration all of these issues; however, without 
documentation of the system, the Service cannot determine if sport-
hunting quotas are reasonable or beneficial to elephant populations 
and, therefore, whether sport hunting is enhancing the survival of the 
species.
    In 1989, Zimbabwe established the Communal Areas Management 
Programme for Indigenous Resources (CAMPFIRE) to encourage reduction in 
human-elephant conflicts through conservation-based community 
development and to provide an economic incentive to improve community 
tolerance of wildlife, including elephants. The CAMPFIRE program has 
been the model for community-based conservation efforts in several 
other African countries and has been identified as an innovative 
program in the past. However, the CAMPFIRE program has come under 
criticism relating to excessive retention of generated funds by 
district councils, which resulted in diminished benefits being realized 
by the communities it was designed to help. Information supplied by the 
CAMPFIRE Association to the CITES Panel of Experts in 2002 indicates 
that this situation may be improving. The information that was provided 
to the Service does not, however, support or refute this statement. 
Under a community-based conservation program, like CAMPFIRE, rural 
communities should benefit from revenue generated by sport hunting. 
With increased human-elephant conflicts on Communal lands, sport 
hunting may be an important tool that gives these communities a stake 
in sustainable management of the elephant as a natural and economic 
resource and provides the enhancement that would meet the U.S. criteria 
for authorizing imports of trophies. However, without current 
information on how funds are utilized and the basis for hunting 
offtake, the Service is unable to confirm this assumption.
    It should be stated, however, that there are clearly ``bright 
spots'' of elephant conservation efforts being carried out by non-
governmental entities and individuals scattered around Zimbabwe that 
are providing a benefit to elephants. Individual safari outfitters and 
landowners have established their own management efforts, including 
anti-poaching activities, on areas under their control, either through 
ownership of the land or leases. These entities have made significant 
strides to ensure the long-term survival of elephants on their lands. 
These efforts, however, can and have been adversely affected by 
unilateral or seemingly arbitrary actions taken by the Central 
government or Rural District Councils, such as past land redistribution 
activities, that minimizes their conservation efforts. These ``bright 
spots'' are not numerous enough, in and of themselves, to overcome the 
problems currently facing Zimbabwe elephant populations or to support a 
finding that sport hunting throughout Zimbabwe would enhance the 
survival of the species.
    Without current data on population numbers and trends, government 
efforts to manage elephant populations, efforts to address human-
elephant conflicts and poaching, and the state of the hunting program 
within the country, the Service is unable to make a finding that sport 
hunting in Zimbabwe is enhancing the survival of the species and that 
imports of trophies would meet the criteria established under the ESA 
for African elephants. The July 17, 2014 enhancement finding 
(subsequently revised on July 22 to correct technical errors) has been 
posted at http://www.fws.gov/international/pdf/enhancement-finding-July-2014-elephant-Zimbabwe.PDF. In addition, the press release 
announcing the suspension and frequently asked questions is available 
on the Service's Web page (www.fws.gov/international).
    This suspension does not prohibit U.S. hunters from traveling to 
Zimbabwe and participating in an elephant hunt. The ESA does not 
prohibit take (e.g., hunting) outside the United States; it only 
prohibits import of trophies taken during such hunts without 
authorization under the ESA. Therefore, it is also possible that 
hunters who hunt in Zimbabwe on or after April 4, 2014, could import 
their trophies at a later date if the Service can determine in the 
future that such imports meet the criteria under the ESA.
    Further, this decision does not affect elephants taken in Zimbabwe 
prior to the Service's April 4, 2014, decision. Elephants hunted in 
previous hunting seasons are also still eligible to be imported, 
provided all CITES and import regulations are met.

    Dated: July 24, 2014.
Brenda Tapia,
Program Analyst/Data Administrator, Branch of Permits, Division of 
Management Authority.
[FR Doc. 2014-18013 Filed 7-30-14; 8:45 am]
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