[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Pages 12969-12971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5771]



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


DEPARTMENT OF THE INTERIOR

Withdrawal of Proposed Guidelines on African Elephant Sport-
hunted Trophy Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of withdrawal of proposed guidelines.

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

SUMMARY: The Fish and Wildlife Service (Service) announces the 
withdrawal of the proposed guidelines for the issuance of Scientific 
Authority advice on permit applications under the Convention on 
International Trade in Endangered Species on Wild Fauna and Flora 
(CITES) for the import of sport-hunted African elephant trophies.

SUPPLEMENTARY INFORMATION:

Background

    At the seventh meeting of the CITES Conference of the Parties, held 
on October 9-20, 1989, the Party nations voted to transfer the African 
elephant from Appendix II to Appendix I, and this action became 
effective on January 18, 1990. As a result of this action, Appendix I 
import permits for the importation of the sport-hunted African elephant 
trophies are required under CITES.
    Under CITES, Appendix I import permits can be issued if the 
Scientific Authority of the importing country has advised the 
Management Authority of the importing country that the import will be 
for purposes not detrimental to the survival of the species. Additional 
guidance for issuance of such advice was provided by CITES resolution 
Conf. 2.11 on ``Trade in Hunting Trophies of Species Listed in Appendix 
I,'' which had been adopted at the second meeting of the Conference of 
the Parties in 1979. Paragraph c of that resolution called for the 
Scientific Authority to conduct a ``comprehensive examination 
concerning the question of whether the importation is serving a purpose 
which is not detrimental to the survival of the species,'' including 
whether the killing of the animals whose trophies are intended for 
import would enhance the survival of the species.
    In reviewing permit applications for the importation of sport-
hunted African elephant trophies, the Service believes that the 
populations to be hunted should be of sufficient size and stability to 
allow for the projected off-take and that the country's management and 
enforcement authorities should have the ability to ensure adequate 
management of the species. In addition, the Service has considered 
whether the activity associated with the importation would enhance the 
survival of the elephant. For these reasons, the Service developed 
internal guidelines that described all of the factors that might be 
considered in issuing a Scientific Authority advice, especially if the 
expected off-take approached the maximum allowable to sustain a 
population. One aspect of the guidelines called for clear evidence that 
the sport hunting activities enhance the survival of the species.
    In response to the Service's use of these guidelines, Safari Club 
International filed suit challenging the procedure and substantive 
adequacy of the guidelines, see Safari Club International v. Lujan, 
Civ. No. 91-2523 (D.D.C., filed Oct. 8, 1991). As a consequence, the 
Service voluntarily sought public review and comments on its guidelines 
through a February 9, 1993, Federal Register notice of proposed 
guidelines (58 FR 7813).
    The U.S. Scientific Authority has issued general ``non-detriment'' 
advices covering African elephant trophies lawfully taken in South 
Africa and Zimbabwe and has issued ``non-detriment'' advices for 
trophies taken in [[Page 12970]] Namibia, Tanzania, and Cameroon. 
During 1993 and 1994, permits were issued for over 400 sport-hunted 
African elephant trophies (1 for Cameroon, 28 for Namibia, 31 for South 
Africa, 109 for Tanzania and 254 for Zimbabwe).
    On June 10, 1994, the Government of Namibia submitted a proposed 
amendment to paragraph c of CITES resolution Conf. 2.11 to remove the 
expectation that the importing country's Scientific Authority would 
consider whether the killing of the animals whose trophies are intended 
for import would enhance the survival of the species. The amendment 
also proposed that the ``Scientific Authority of the importing country 
accept the finding of the Scientific Authority of the exporting country 
that the exportation of the hunting trophy is not detrimental to the 
survival of the species''. In November 1994, at the ninth meeting of 
the Conference of the Parties to CITES, Namibia's proposal was revised 
by adding the phrase, ``unless there are scientific or management data 
to indicate otherwise,'' in recognition of the requirement in Article 
III.3.a of CITES that the Scientific Authority of the importing country 
make an independent assessment. With this revision, the CITES Parties 
adopted the proposal to revise paragraph c of Conf. 2.11.
    Because of the revision of paragraph c of CITES resolution Conf. 
2.11 and the perception, not intended by the Service, that the proposed 
guidelines would preclude the importation of sport-hunted African 
elephant trophies from properly managed populations, the Service is 
hereby withdrawing the proposed guidelines. In evaluating applications 
to import African elephant trophies, the Service will follow the 
guidance set forth in Conf. 2.11, as revised, as well as other 
appropriate authorities. A summary of relevant authorities is discussed 
later in this notice.

Comments on Proposed Guidelines

    The Service received 27 letters from wildlife professionals, safari 
operators, and national wildlife department representatives; 105 
letters from private individuals, and petitions from safari and hunting 
clubs containing 956 signatures. In addition, the Service received a 
petition with 3,360 signatures representing rural Zimbabweans 
participating in Communal Areas Wildlife Management Programme for 
Indigenous Resources (CAMPFIRE). The majority of responses indicated 
that there was significant confusion on the scope and intent of the 
internal guidelines.
    Although the Service is withdrawing the proposed guidelines a 
discussion of some of the issues raised in the comments on the proposed 
guidelines is useful.
    Comment: Sport-hunting is beneficial to elephant conservation and 
local economies. It is small scale, taking less than 1 percent of the 
elephant population annually.
    Response: The Service has always accepted the premise that sport-
hunting of non-endangered, properly managed wildlife populations can be 
beneficial to the survival of the population.
    Comment: In lieu of populations estimates, other measures such as 
weight limits for female and male tusks or surveys of trophy sizes and 
numbers would be sufficient to determine whether or not the level of 
harvest is sustainable.
    Response: The Service agrees that other population indices or 
measures to ensure long-term population maintenance may be appropriate, 
and could be included in Scientific Authority findings by the exporting 
country.
    Comment: Sport hunting provides needed revenue to local residents 
and governments.
    Response: All such revenues may be used for purposes unrelated to 
the conservation of the African elephant, and monies may benefit an 
individual or group only for the immediate hunting season. The Service 
believes that when revenues are directed to management or enforcement 
activities or when there is long-term benefit to individuals or groups 
with proprietary interest in ensuring a viable elephant population, 
there is benefit to the survival of the elephant.
    Comment: Some respondents felt that the guidelines should be a 
mechanism to allow dialogue with the exporting states.
    Response: Although the guidelines are being withdrawn, the Service 
agrees that dialogue with the exporting states is important, and will 
endeavor to increase such dialogue when implementing the new CITES 
resolution Conf. 2.11 provisions.
    Comment: The proposed guidelines are not stringent enough.
    Response: Although the Service is withdrawing the proposed 
guidelines, the Service believes that its review of import permits for 
sport-hunted African elephant trophies is sufficient to ensure 
compliance with the Act and CITES.
    Comment: Policies towards range states should be individually 
developed to support their strengths and ``work against their 
weaknesses''.
    Response: The Service agrees that there may be significant 
differences in management situations in the different countries which 
should be considered.

African Elephant Conservation Act and CITES Quotas

    Although the Service is withdrawing the proposed guidelines, the 
Service continues to be responsible for evaluating applications to 
import African elephant trophies based on applicable requirements of 
the African Elephant Conservation Act, the Endangered Species Act, and 
CITES, including Conf. 2.11, as revised.
    The African Elephant Conservation Act authorizes individuals to 
import sport-hunted African elephant trophies ``that have been legally 
taken in an ivory producing country that has submitted any ivory 
quota'' to the CITES Secretariat. See 16 U.S.C. 4222(e). Before permit 
applications for sport-hunted African elephant trophies will be 
reviewed by the Service, the country in which the specimens are 
harvested must have submitted an ivory export quota for the year of 
export to the CITES Secretariat, and confirmation of receipt of this 
quota must be received by the Service (see discussion of the Endangered 
Species Act requirements later in this notice). This has led to some 
misunderstanding, because some trophy import permit applications have 
been received by the U.S. Management Authority almost a year before a 
CITES quota has been received from the country of origin. This has 
meant that final action on the applications had to be delayed until the 
Service received confirmation that the quotas had been received by the 
CITES Secretariat.
    Before an importation can occur the importer must, in addition to 
having an import permit, have a valid CITES export permit from the 
country of origin, and the ivory specimens being imported must be 
marked in accordance with the marking requirements contained in the 
revised African Elephant special rule discussed in the next paragraph.

Endangered Species Act

    The African elephant is listed as a threatened species under the 
U.S. Endangered Species Act (Act). Pursuant to section 4(d) of the Act, 
16 U.S.C. 1533(d), the Service has promulgated a ``special rule'' for 
the African elephant (50 CFR 17.40(e)) that was most recently revised 
in 1992 (57 FR 35486, August 10, 1992). The special rule allows the 
import of sport-hunted elephant trophies into the United States subject 
to several provisos. First, the trophy must originate in a country for 
which [[Page 12971]] the Service has received notice of an ivory quota 
for the year of export (50 CFR 17.40(e)(3)(iii)(A)). In addition, the 
trophy may not be imported unless the Service determines that the 
killing of the animal whose trophy is intended for import would enhance 
the survival of the species (50 CFR 17.40(e)(3)(iii)(C)). The Service 
has been able to make this finding for trophy import permit 
applications that have been submitted in the last few years.

CITES

    Also applicable to the Service's procedures is the CITES 
requirement that the import permit be issued before the export permit, 
and it is obviously desirable for the sportsman to obtain, or at least 
have reasonable assurance of obtaining, the necessary import and export 
permits before committing to the safari hunt. Consistent with revised 
Conf. 2.11(c), the U.S. Scientific Authority will accept a ``not 
detrimental'' finding of the exporting country for that year, unless 
there are scientific or management data to indicate otherwise. If the 
scientific or management data indicate a concern about the 
reasonableness of an exporting country's ``not detrimental'' finding, 
the Service will consult with that country's Scientific and Management 
Authorities. Obviously, for the Scientific Authority advice and the 
subsequent export permit issued by the Management Authority to be 
accepted, the exporting country must have designated its Scientific 
Authority.
    This notice was prepared under the authority of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq).

    Dated: March 2, 1995.
George T. Frampton, Jr.,
Assistant Secretary--Fish and Wildlife and Parks.
[FR Doc. 95-5771 Filed 3-8-95; 8:45 am]
BILLING CODE 4310-55-M