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Convention on International Trade in Endangered Species (CIT
Convention on International Trade in Endangered Species (CIT[Federal Register: January 23, 1996 (Volume 61, Number 15)] [Notices]
[Page 1780-1782]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife ServiceConvention on International Trade in Endangered Species (CITES) Notification; Recommendations From CITES Secretariat on Prohibitions of Trade in Certain Animal Species From Fourteen Countries
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Information No. 25.
SUMMARY: This is a schedule III notice. Wildlife subject to this notice is subject to detention, refusal of clearance or seizure, and forfeiture if imported into the United States. Violators may also be subject to criminal or civil prosecution. This Notice of Information is an update from the prohibitions contained in NOI 24. Specifically, this NOI removes the prohibition on imports of leopard cat from China, and adds prohibitions on imports of three species of hinge-back tortoises from Ghana and Greek tortoises from Turkey.
DATES: This notice is effective on January 23, 1996. This notice will be effective until further notice. The import measures announced in this notice shall apply to shipments of wildlife which have a date of export or re-export fifteen (15) days after the effective date of this notice.
ADDRESSES: Dr. Susan S. Lieberman, U.S. Fish and Wildlife Service, Office of Management Authority, 4401 N. Fairfax Dr., room 420C, Arlington, VA 22203, regarding Notifications to the Parties, or Thomas L. Striegler, Special Agent in Charge, Investigations, U.S. Fish and Wildlife Service, Division of Law Enforcement, 4401 N. Fairfax Drive., room 500, Arlington, VA 22203, for enforcement actions.
FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman, U.S. Fish and Wildlife Service, Office of Management Authority, telephone (703) 358- 2093, regarding Notifications to the Parties, or Thomas L. Striegler, Special Agent in Charge, Investigations, U.S. Fish and Wildlife Service, Division of Law
[[Page 1781]]
Enforcement, telephone (703) 358-1949, for enforcement actions.SUPPLEMENTARY INFORMATION: Article IV, paragraph 2 of the CITES treaty allows commercial and noncommercial trade in species listed in CITES Appendix II, but export permits for such trade may be issued only if a designated Management Authority of the country has determined that the specimens were legally acquired, and if a designated Scientific Authority of that country has advised the Management Authority that the export will not be detrimental to the survival of the species. Article IV, paragraph 3 goes on to require that exports of Appendix II species be regulated so as to ensure that the population level of a species is consistent with that species' role in its ecosystem and that the population level of that species be maintained well above the level where it might qualify for inclusion in Appendix I. Over the past decade, CITES parties have become increasingly concerned that certain Appendix II species are subject to particularly high volumes of trade without sufficient biological data for Scientific Authorities to make the necessary judgments that exports are not detrimental to the species, as required by Article IV. In 1983, CITES parties adopted a resolution at the Fourth Conference of the Parties in Gaborone, Botswana, acknowledging that many parties are not effectively implementing Article IV and thus risk losing the benefits of continued availability of these resources. This resolution, Conf. 4.7, established a project to identify Appendix II species involved in significant levels of international trade, and to develop and negotiate with exporting and importing countries whatever measures were necessary to bring trade down to levels consistent with Article IV. In 1987, at the Sixth Conference of the Parties in Ottawa, Canada, parties charged the newly established CITES Animals Committee with the task of establishing a list of Appendix II species being significantly affected by trade, reviewing all available information, and formulating remedial measures for these species. The CITES Secretariat coordinated or contracted for studies to develop lists of mammal, bird, and reptile species and collect relevant information about these species, in cooperation with the IUCN World Conservation Union. The U.S. Fish and Wildlife Service (Service) cooperated with and provided financial support for a number of these studies.
At the Eighth Conference of the Parties in 1992, in Kyoto, Japan, CITES parties adopted a resolution developed by the CITES Animals Committee which recognized that substantial trade in wild-caught animals was still going on which was inconsistent with to the provisions of Article IV, and that necessary remedial measures were not being properly implemented. This resolution, Conf. 8.9, established a formal process for the Animals Committee to recommend remedial measures, including ``zero quotas'' (that is, temporary trade bans) when appropriate; for the Secretariat to communicate these recommendations to the exporting countries; and, where exporting countries do not satisfactorily implement the measures, for the CITES Standing Committee to call on parties to suspend imports of these species from the offending countries until they are in compliance. During meetings of the Animals Committee in 1992 and 1993, attended by representatives of the Service, remedial measures were developed and subsequently communicated to exporting countries by the Secretariat. The Standing Committee reviewed reports from the Secretariat of compliance and noncompliance with these remedial measures during three meetings in 1993 and 1994. The Service represented the United States in these meetings, with the Department of State. During the last of these meetings, held in Geneva, Switzerland, in March, 1995, the Standing Committee directed the Secretariat to issue a formal notice calling for a suspension of trade in particular Appendix II species from twelve CITES parties.
Accordingly, on April 21, 1994, January 20, 1995, and August 31, 1995, the Secretariat issued Notifications to the Parties No. 800, 833, and 873, respectively, calling for a suspension of imports of these species from the affected countries. Implementation of these restrictions is necessary to stop trade considered to be detrimental to the survival of the species and thus in contravention of the requirements of CITES Article IV. CITES parties failing to implement these trade suspensions would be contributing to the decline of the affected species and would be subject to formal citation in the CITES Infractions Report and possible censure by the CITES Conference of the Parties.
Pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531- 1544), the U.S. Fish and Wildlife Service is granted the authority to detain, refuse clearance of, or seize any fish or wildlife or plants that are imported into the United States in violation of CITES. Regulations contained in 50 CFR Sec. 14.53(c) indicate that refusal of clearance of imported wildlife is warranted if there are reasonable grounds to believe that documentation for the clearance of such wildlife is not valid. Similarly, regulations contained in 50 CFR Sec. 23.12(a)(2) require that all imports of Appendix II wildlife into the United States be accompanied by a valid foreign export permit or re-export certificate, unless an exemption applies. The Service agrees with Notification to the Parties No. 800 and believes that any permits issued for the indicated species by the affected countries are not valid because required findings of ``non-detriment'' and/or lawful acquisition have not been credibly demonstrated by the exporting countries in light of the significant trade level in particular Appendix II species.Summary of U.S. Prohibitions Pursuant to Notices of Information (NOI)[NOI22: Effective July 30, 1991; NOI23: Effective December 22, 1994; NOI24: Effective June 3, 1995; NOI25:Effective Date of Publication]
Country NOI No. Species
Argentina.................................. 23 Lama guanicoe. Azerbaijan................................. 23 Felis lynx. China...................................... 23 Ptyas mucosus.Ghana...................................... 25 Kinixys belliana, K. erosa, K. homeana.India...................................... 23 Rana tigerina. Rana hexadactyla Indonesia.................................. 23 Cacatua sulphurea. Ptyas mucosus. Latvia..................................... 23 Felis lynx. Lithuania.................................. 23 Felis lynx. Madagascar................................. 24 Coracopsis vasa.[[Page 1782]]
Chamaeleo spp. (except Chameleo lateralis, C. oustaleti, C. pardalis, C. verrucosus). Phelsuma spp. (except Phelsuma laticauda, P. lineata, P. madagascariensis, P. quadriocellata). Moldova.................................... 23 Felis lynx. Peru....................................... 23 Aratinga erythrogenys. Solomon Is................................. 24 Ornithoptera urvillianus. Ornithoptera victoriae. Tanzania.................................. 23&24 Agapornis fischeri. Eryx colubrinus. Geochelone pardalis. Malacochersus tornieri. Poicephalus crytoxanthus. Poicephalus meyeri. Poicephalus rufiventris. Tauraco fischeri.Thailand................................... 22 All CITES-listed wildlife (animals only).Turkey..................................... 25 Testudo graeca. Ukraine.................................... 23 Felis lynx.
The subjects of this notice are as follows: A. SUBJECT: China: ban on imports of specimens of leopard cat (Prionailurus bengalensis)(= Felis bengalensis). Source of Foreign Law Information: CITES Secretariat Notification to the Parties No. 873, issued on August 31, 1995, calls on Parties to lift the suspension of imports of Prionailurus bengalensis (=Felis bengalensis) specimens from China.
Action by the Fish and Wildlife Service: Since the publication of Notice of Information No. 24 (60 FR 26897), the Secretariat has received information from the Management Authority of China relating to its implementation of the recommendations of the Animals Committee on significant levels of trade in Prionailurus bengalensis (=Felis bengalensis). The Secretariat is satisfied that China has initiated the action necessary to implement these recommendations. Therefore, the Standing Committee's recommendation to the Parties to suspend imports of specimens of Prionailurus bengalensis (=Felis bengalensis) is hereby withdrawn.
B. SUBJECT: Ghana: ban on imports of specimens of Bell's hinge-back tortoise (Kinixys belliana), Eroded hinge-back tortoise (Kinixys erosa), and Home's hinge-back tortoise (Kinixys homeana). This is a Schedule III Notice: Wildlife subject to this notice is subject to detention, refusal of clearance, or seizure and forfeiture if imported into the United States.
Source of Foreign Law Information: CITES Secretariat Notification to the Parties No. 873, issued on August 31, 1995, calls on Parties to suspend imports of Bell's hinge-back tortoise (Kinixys belliana), Eroded hinge-back tortoise (Kinixys erosa), and Home's hinge-back tortoise (Kinixys homeana) specimens from Ghana. Action by the Fish and Wildlife Service: Based on information received, Ghana has not satisfactorily implemented the recommendations of the CITES Standing Committee. Specifically, the Management Authority of Ghana must advise the CITES Secretariat of the following: that export quotas have been established for specimens of Kinixys belliana, Kinixys erosa and Kinixys homeana. Therefore, in accordance with the responsibility of the United States under CITES, and effective immediately and until further notice from the U.S. Fish and Wildlife Service, no shipments of specimens of Bell's hinge-back tortoise (Kinixys belliana), Eroded hinge-back tortoise (Kinixys erosa), and Home's hinge-back tortoise (Kinixys homeana) may be imported into the United States, directly or indirectly, from Ghana, unless an exemption in CITES Article VII applies.
C. SUBJECT: Turkey: ban on imports of specimens of Greek tortoise (Testudo graeca).
This is a Schedule III Notice: Wildlife subject to this notice is subject to detention, refusal of clearance, or seizure and forfeiture if imported into the United States.
Source of Foreign Law Information: CITES Secretariat Notification to the Parties No. 873, issued on August 31, 1995, calls on Parties to suspend imports of Testudo graeca specimens from Turkey. Action by the Fish and Wildlife Service: Based on information received, Turkey has not satisfactorily implemented the recommendations of the CITES Standing Committee. Specifically, the Management Authority of Turkey must advise the CITES Secretariat of the following: that export quotas have been established for specimens of Testudo graeca. Therefore, in accordance with the responsibility of the United States under CITES, and effective immediately and until further notice from the U.S. Fish and Wildlife Service, no shipments of specimens of Greek tortoise (Testudo graeca) may be imported into the United States, directly or indirectly, from Turkey, unless an exemption in CITES Article VII applies.Dated: December 21, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 96-811 Filed 1-22-96; 8:45 am] BILLING CODE 4310-55-P