Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16487

552b(c)(4) and 552b(c)(6), Title 5, U.S.C.

Applications and/or proposals and the

discussions could reveal confidential trade

secrets or commercial property such as

patentable material and personal information

concerning individuals associated with the

applications and/or proposals, the disclosure

of which would constitute a clearly

unwarranted invasion of personal privacy.

This notice is being published less than 15

days prior to the meeting due to the urgent

need to meet timing limitations imposed by

the grant review cycle.

(Catalog of Federal Domestic Assistance

Program Nos. 93.306, 93.333, 93.337, 93.393–

93.396, 93.837–93.844, 93.846–93.878,

93.892, 93.893, National Institutes of Health,

HHS)

Dated: March 24, 1995.

Susan K. Feldman,

Committee Management Officer, NIH.

[FR Doc. 95–7759 Filed 3–29–95; 8:45 am]

BILLING CODE 4140–01–M

Social Security Administration

Rescission of Social Security Rulings

on the Definition of ‘‘Eligible Spouse’’

as it is Used in the Supplemental

Security Income (SSI) Program

AGENCY: Social Security Administration,

HHS.

ACTION: Notice of rescission of Social

Security Rulings (SSR) 76–28, 76–41,

and 88–11c.

SUMMARY: The Commissioner of Social

Security gives notice of the rescission of

SSR 76–28, SSR 76–41, and SSR 88–

11c.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Joanne K. Castello, Division of

Regulations and Rulings, Social Security

Administration, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–1711.

SUPPLEMENTARY INFORMATION: Social

Security Rulings make available to the

public precedential decisions relating to

the Federal old-age, survivors,

disability, supplemental security

income, and black lung benefits

programs. Social Security Rulings may

be based on case decisions made at all

administrative levels of adjudication,

Federal court decisions, Commissioner’s

decisions, opinions of the Office of the

General Counsel, and other policy

interpretations of the law and

regulations.

SSR 76–28 and SSR 76–41 were

published in the 1976–1980 Cumulative

Edition of the Rulings, and SSR 88–11c

was published in the 1988 Cumulative

Edition of the Rulings. These Rulings

concern the definition the Social

Security Administration used for the

term ‘‘eligible spouse’’ in supplemental

security income cases.

Section 8012 of Public Law (Pub. L.)

101–239 (the Omnibus Budget

Reconciliation Act of 1989) changed the

definition of the term ‘‘eligible spouse’’

by eliminating the 6-month waiting

period for ending couple status after a

separation. The definition of the term

‘‘eligible spouse’’ as used in these

Rulings is no longer applicable because

of the revised statutory definition. We

are publishing final regulations to

reflect section 8012 of Pub. L. 101–239

on this date.

(Catalog of Federal Domestic Assistance

Program No. 93.807 Supplemental Security

Income.)

Dated: February 1, 1995.

Shirley S. Chater,

Commissioner of Social Security.

[FR Doc. 95–7887 Filed 3–29–95; 8:45 am]

BILLING CODE 4190–29–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Proposed Policy on Giant Panda

Permits

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of proposed policy for

issuance of permits for giant panda

imports; request for comments.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a proposed

policy for issuance of permits for the

import of giant pandas under the

Convention on International Trade in

Endangered Species (CITES) and the

U.S. Endangered Species Act (Act).

Current policy regarding giant panda

imports would be superseded by this

policy, if adopted. Specifically, no

import permits would typically be

issued for animals intentionally

removed from the wild. All imports

would have to be part of a coordinated

international panda conservation effort,

and activities would need to benefit

panda conservation by supplementing,

and not interfering with, China’s

breeding and research programs. Any

net profits raised as a result of a panda

loan would need to primarily fund

conservation projects, educational

programs, and/or breeding efforts in

China. The Service proposes two

alternatives concerning exhibition. One

alternative would allow for import of

pandas for short-term exhibition loans

only as an ancillary component of a

captive-breeding and/or scientific

research program, when the display

would not interfere with the captivebreeding or research activities. In the

other alternative, the Service proposes

to retain short-term exhibition loans

under certain limited circumstances.

The basis for findings required by the

CITES on ‘‘primarily commercial

purposes’’ and the Act on

‘‘enhancement of propagation or

survival of the species’’ are outlined in

this proposed policy. The suspension of

the review and processing of permit

applications to import live giant pandas

continues until a decision is made on

this proposed policy.

DATES: The Service will consider

comments received by May 30, 1995.

ADDRESSES: Comments may be

submitted to the Office of Management

Authority, U.S. Fish and Wildlife

Service, 4401 N. Fairfax Drive, Room

420(c), Arlington, Virginia 22203.

Materials received will be available for

public inspection by appointment from

7:45 a.m. to 4:15 p.m., Monday through

Friday, at the Office of Management

Authority, Room 434.

FOR FURTHER INFORMATION CONTACT:

Management Authority: Kenneth B.

Stansell, Office of Management

Authority, at the above address,

telephone (703) 358–2093; fax number

(703) 358–2280.

Scientific Authority: Dr. Charles W.

Dane, Office of Scientific Authority,

U.S. Fish and Wildlife Service,

telephone (703) 358–1708; fax number

(703) 358–2276.

SUPPLEMENTARY INFORMATION:

Background

The survival and ultimately the

increase in the population of the giant

panda (Ailuropoda melanoleuca) in its

natural habitat is the strong desire of the

United States, the People’s Republic of

China (China), and the international

conservation community. As such, the

panda is subject to strict protection by

its listing as an endangered species

under the Act and its inclusion in

Appendix I of CITES.

The Service is responsible for

regulating panda loans in the United

States by deciding whether to grant

import, export, and re-export permits

required by the Act and CITES, and

interstate and foreign commerce permits

under the Act. In making these

decisions the Service, under the Act,

must determine whether the proposed

activities are not likely to jeopardize the

continued existence of the giant panda

and would enhance its existence in the

wild, and under CITES, would be for

purposes that are not detrimental to the

survival of the species and that are not

primarily commercial.
16488 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

In the late 1980’s the proposals for

short-term exhibition loans of giant

pandas became an increasingly

controversial issue. During one period

in 1988, the Service received reports

that as many as 30 institutions may have

been negotiating, or planning to

negotiate, with various entities in China

to arrange panda loans, potentially

posing additional threats to the wild

and captive populations of pandas. As

a result the Service, through the public

review process, published a policy on

March 14, 1991 (56 FR 10809), for the

issuance of import permits for shortterm exhibition loans.

In 1992, after the Service had issued

a permit to the Columbus Zoo to import

a pair of giant pandas for a short-term

exhibition loan, the CITES Secretariat

requested the Service to reevaluate its

policy on panda imports. The Service

published a notice in the Federal

Register on June 29, 1992 (57 FR 28825),

requesting public comment on existing

policy. Three written comments were

received. The International Union of

Directors of Zoological Gardens

suggested that an international

management program be developed,

especially for the captive population,

which should include: (1) The

development of a comprehensive,

accurate inventory of captive pandas;

and (2) a carefully designed breeding

program, engaging as many founders

and contributors to the gene pool as

possible. Although accepting that there

may be pandas incapable of breeding

that could be used for exhibition, they

recommended a complete ban on

exhibit loans until a panda management

plan is in place.

The World Conservation Union

(IUCN) stated there should be a

moratorium on short-term non-breeding

loans of pandas until there is sufficient

evidence that such loans would

contribute to a long-term conservation

strategy in captivity and in the wild.

They believed there is need for a

strategy defining priority conservation

activities for the species.

The New York Zoological Society

viewed short-term exhibition loans as

money-making commercial ventures

that should not be considered as ‘‘not

for commercial purposes’’, stating that

any policy should meet the mandatory

standards that the American Zoo and

Aquarium Association (AZA) has

proposed. In their view, poaching

continues as a major problem, yet little

is being done to stop it. They

maintained there should be a complete

moratorium on loans until: (1) There is

an adequate and complete register and

studbook of captive pandas; (2) a

complete series of priorities and projects

are agreed to by conservation

organizations and China; and (3)

agreements can be developed with IUCN

to meet international conservation

concerns, including increased efforts to

stop poaching and preserve habitat.

Verbal comments were made by the

World Wildlife Fund (WWF) within the

comment period, expressing concern

about commercial aspects of exhibition

loans and the distinction that had been

made by the Service in this regard, and

that income to the parent city of a zoo

should also be considered. They were

concerned that exhibition loans could

reduce breeding and induce taking from

the wild. They thought the Service

should provide a clear indication of

how it will examine the educational

aspect of any exhibits.

Before evaluation of the existing

policy on short-term exhibition loans

was completed, the Service received an

application from the Zoological Society

of San Diego (ZSSD) to import a pair of

giant pandas for a long-term, captivebreeding loan. On April 20, 1993, the

AZA announced the development of a

Giant Panda Conservation Action Plan,

which has since been formalized. The

plan outlines a captive-breeding

program with support from 29

zoological institutions in North

America. In addition, in July 1993

China’s Ministry of Construction (MOC)

published the second giant panda

studbook, listing all pandas currently in

captivity.

With the possibility of receiving an

increasing number of import permit

applications for giant pandas for public

exhibition, scientific research, and/or

captive breeding purposes, the Service

felt that a re-examination of the longrange implications of panda imports

was necessary to ensure that such

imports best serve the conservation

needs of the species. Thus, on December

20, 1993, the Service announced in a

news release the temporary suspension

of the processing of any new permit

applications for the import of live giant

pandas during a reassessment of the

current policy. On May 4, 1994, the

Service requested public comments and

announced a working public meeting to

assist the Service in formulating the

draft revised policy (59 FR 23077). The

suspension of review and processing of

any new live giant panda import

permits remains in effect.

Public meetings were held by the

Service on May 26 and August 23, 1994.

For its review, the Service sought

information on: Giant panda status and

population trends; current information

on habitat availability and continuing

loss; the status of current breeding

efforts; the need to augment breeding

efforts outside of China; whether there

is adequate genetic diversity within the

captive population to maintain

sufficient heterozygosity in future

generations; whether there is a need for

additional genetic material from the

wild; the status of reintroduction; and

the need for research priorities. The

Service also sought information on the

status of all existing or proposed

conservation programs and management

plans for the giant panda. Comments

were sought on the current panda loan

policy and on specific elements of the

findings necessary for permit issuance,

including ‘‘primarily commercial

purposes’’ and ‘‘enhancement’’.

As a result of the public comment

period in 1994, written information and

comments were received from the AZA,

Busch Gardens, the Humane Society of

the United States (HSUS), WWF, and

the ZSSD. The AZA commented that: (1)

All importers of giant pandas must be

required to participate in the giant

panda studbook; (2) most of the funds

contributed to China must be used for

giant panda field conservation projects;

(3) there must be a project selection and

monitoring system established in China

and overseen in North America for the

use of funds generated by panda loans;

(4) the permittee must show that the

importation will not detract from the

current panda captive-breeding program

in China; (5) genetic and demographic

criteria should be used to determine

selection of pandas to be imported; (6)

there should be no lower age limit for

animals to be imported, and prereproductive animals should be allowed

if the permittee can demonstrate their

value within a holistic panda

conservation program; (7) loans should

be longer than 3 years; (8) animals to be

imported must be individually

identified; (9) importing facilities must

follow recommended minimum housing

guidelines, and facilities should be

approved by the Chinese; (10) the

permittee must show that the

importation is part of the AZA Giant

Panda Conservation Action Plan, or a

similar plan; (11) all permittees must

support research aimed at resolving

husbandry and management problems

of giant pandas and at increasing

reproductive success; (12) import must

be for a scientific purpose or survival of

the species and not likely to jeopardize

the continued existence of the species;

(13) no animals are to be used in animal

acts while in the United States; (14)

there must be an education component;

and (15) part of the program must be to

assist the Chinese in technology transfer

and training and collaborative efforts in
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16489

panda husbandry, management, and

health care.

Busch Gardens commented that: (1)

The Service should lift its moratorium

on the importation of giant pandas and

establish a new policy promptly; (2)

since the current policy establishes

guidelines for only short-term

exhibition loans, the new policy should

set specific guidelines for long-term

captive-breeding loans; (3) the new

policy should recognize that long-term

breeding loans sponsored by the AZA

under its conservation plan are

inherently non-commercial and,

therefore, meet the CITES requirement

of being ‘‘not for primarily commercial

purposes’’, and ‘‘for-profit’’ institutions

that participate in the AZA program

should be treated in the same way as

‘‘not-for-profits’’; (4) accounting or

reporting obligations should not be

imposed on the importer as a result of

a long-term breeding loan as they are

unnecessary, impracticable, and

unprecedented; and (5) neither CITES

nor the Act requires an ‘‘in fact’’ finding

by the Service that a proposed activity

will enhance propagation or survival of

the panda, and participants in the AZA

plan should automatically meet the

enhancement standard of the Act.

The HSUS indicated that: (1) The

previous exhibition of pandas in zoos in

the United States has not resulted in the

improvement of the status of pandas in

captivity or in the wild, and experience

has shown that large populations of

animals in captivity are not an effective

conservation tool; (2) they oppose the

removal of an endangered animal from

the wild for confinement and breeding

in zoos unless preservation of the

species’ ecosystem is assured; (3) it

would be desirable to duplicate the

experience in Chinese breeding centers

of maintaining a number of pandas

clustered at one location for breeding;

(4) the import of pandas to zoos will

always serve a commercial purpose, and

there has been little control or guarantee

of what happens to funds going to China

for panda conservation; and (5) funds,

technical assistance, and other efforts

should be directed toward protecting

habitat and reintroductions. The WWF

commented that: (1) Long-term breeding

and research loans must be part of an

integrated, international program

designed to complement conservation

efforts for the wild panda population;

(2) research loans must be for research

that is of high priority, is best conducted

outside China, and will produce results

that will contribute to the pool of

knowledge about giant pandas; (3)

standards for commercial vs. not-forprofit institutions need to be clarified—

if import of a panda by a city-owned

institution can result in the benefit to

the local economy in the same manner

that for-profit institutions operate to

generate a profit, all institutions should

be held to the same stringent standards;

(4) the standards for ‘‘primarily

commercial’’ need to be defined to

consider the motivation for a giant

panda loan; (5) the requirements on

accounting and allowable expenses

need to be strengthened—the Service

should consider setting a ceiling on the

associated expense that an exhibitor can

deduct from revenues generated by the

loan; (6) it should be clarified that

education of the American public is not

a criterion in making permit decisions,

and education in China related to in-situ

panda conservation should be

considered as a component of an

integrated conservation program; (7)

better documentation should be

required on the specific conservation

projects in China that are to receive

funding from an exhibitor, and China’s

approved and complete National

Conservation Project Plan for the Giant

Panda and its Habitat (National Plan) for

pandas should be used as a guide; and

(8) the Service must monitor

performance of exhibitors on an annual

basis to ensure they are complying with

the provisions of the permit.

The ZSSD commented that: (1) There

is a need to clarify existing regulations

and guidelines; (2) there needs to be a

framework that includes agreement on

the role for captive breeding,

coordinated and effective research with

agreed-upon, but flexible, research

objectives, effective habitat preservation

and restoration with emphasis on

management of human conflicts,

sufficient funding to accomplish these

tasks, with agreed-upon monitoring and

sufficient accountability for revenues

and expenditures, and agreement on the

role of display; and (3) they feel strongly

that captive breeding is central. They

suggested an approach to the policy that

includes a framework agreement

between AZA and the Chinese

government that would identify priority

conservation projects and research

priorities with integrated participation

by U.S. institutions. Permits could be

issued to institutions based on this

agreement, and a monitoring and

implementation process could be

established involving key parties, such

as the AZA, the permittee, the Service,

and the WWF.

The Service considered these

comments and comments given at the

two public meetings, plus the

experience it has gained since 1991 in

applying the current policy, to draft a

new proposed policy. The following

summarizes information the Service

received and gives a brief description of

elements in this proposed policy.

Population Status

Precise data on the size of the wild

population of giant pandas are not

available. The most recent survey,

performed from 1985 to 1988,

concluded there were between 872 and

1,352 pandas in the wild. The most

common current estimate is that there

are fewer than 1,000 giant pandas left in

the wild and that the population is

continuing to decline. In less than 15

years, from 1975 to 1989, the total area

of panda habitat declined by 53 percent.

This decline was primarily due to

logging, grazing, and conversion of

forest habitat to agriculture and other

uses, resulting in the fragmentation of

habitat into small islands. The 1985–88

survey found the wild panda population

to be fragmented into 24 isolated groups

separated by mountain ranges, rivers,

roads, forest clearings, and human

settlements. Some of these groups

contain fewer than 10 pandas, making

them vulnerable demographically and

genetically. Without genetic exchange

among these populations, the

persistence of such small islands of

pandas over time is questionable. In

addition, poaching continues to take its

toll, despite the imposition of harsh

penalties, including execution.

Status of Captive Breeding in China and

the Need for Breeding Efforts Outside of

China

The continued decline of the wild

population of giant pandas and the

increasing fragmentation of its habitat

make it increasingly important to

establish a self-sustaining captive

population. The existence of a robust

captive population could provide

insurance against increasing threats to

the wild population. The current

captive population represents about 10

percent of the total panda population,

captive and wild. As of June 1993, there

were 113 giant pandas in captivity in 35

institutions—98 animals were in

institutions in China and 15 pandas

were in 8 institutions located outside of

China. Three institutions had 14 to 21

pandas and 4 had 4 to 6 animals. The

remaining 28 institutions had 1 or 2

animals. The Chinese recognize that

these captive pandas need to be moved

for better breeding opportunities and to

ensure that all mature individuals

participate in breeding. Of the 15

pandas currently held in 8 institutions

outside China, 5 institutions hold only

1 panda. These data demonstrate the

great need to coordinate the movement

of captive-held pandas internationally.
16490 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

The captive-breeding program in

China is not currently self-sustaining.

Between 1936 and 1988, 345 pandas

held in captivity produced 67 litters of

106 cubs, with only 32 surviving more

than a year. In recent years,

improvement in management and joint

efforts within China have enhanced

breeding and survival rates and reduced

the infant mortality rate of the captive

population. However, a review of the

International Studbook of the Giant

Panda suggests that the current number

of founders that have contributed to the

captive population is inadequate.

According to the studbook, the current

captive population is descended from

30 founders. However, recent research

suggests that fewer than 30 founders

may exist because the paternity of some

of the captive-born pandas is uncertain.

The current captive population includes

57 wild-caught pandas that have not

reproduced, but only 31 of these are

currently of reproductive age. If these

pandas could be encouraged to breed

before their deaths, the captive

population might not need additional

genetic material from the wild

population for several generations. If

immediate action is not taken to

enhance captive propagation efforts,

additional genetic material might have

to be taken from the wild to ensure

sufficient genetic diversity in the

captive population.

Reintroduction

In view of the information on the

status of the panda in the wild and in

captivity, the Service recognizes that

reintroductions cannot occur until a

self-sustaining population of captiveborn animals is achieved and sufficient

areas of panda habitat are available and

secure. The reintroduction of giant

pandas is a long-term goal that needs to

be incorporated into coordinated

international conservation efforts.

Protocols for reintroduction must be

developed so that they are available

when opportunities for reintroduction

arise. As used in this notice, a

coordinated international panda

conservation effort means an organized

plan through which all panda imports

support high priority projects in China’s

National Plan and are coordinated with

China’s captive-breeding plan and the

AZA Species Survival Plan (SSP) for the

panda or other applicable multi-national

breeding plans.

Research Priorities

There needs to be a coordinated

global effort to set priorities for panda

research. China’s National Plan (see

following section) provides the

following research priorities: (1) habitat

improvement; (2) captive- breeding; (3)

ecology, population status, and

monitoring; (4) rearing and nutrition; (5)

prevention of illness; and (6)

reintroduction of captive pandas to the

wild. The ‘‘Giant Panda Breeding Plan’’

developed in China (see following

section) lists the following areas that

need basic research: (1) artificial

insemination biology and techniques;

(2) breeding behavior; (3) disease

prevention; (4) reproductive physiology;

(5) diet; (6) mating ability; (7)

reproductive longevity; and (8) fertility.

Because of the precarious level of the

panda population, it is important that

research findings are shared quickly and

that information and methodologies are

transferred to China for use in the field

and in the captive-breeding program.

Giant Panda Conservation Plans

In the past decade, there appear to

have been advances in panda

conservation as a result of international

cooperation with the Chinese ministries.

The WWF worked closely with the

Ministry of Forestry (MOF) to develop a

panda conservation plan, which was

submitted to the Chinese government in

1989. China’s National Plan evolved

from this plan, and in 1993 it was

approved by China’s State Council, with

the subsequent development of a

priority list of the projects included in

the plan. The National Plan proposes

establishing 14 new panda reserves,

improving 13 existing giant panda

nature reserves, constructing 18 panda

migration corridors, and setting up 32

habitat management stations. It would

cover most of the currently occupied

panda habitat, protecting 95 percent of

pandas in the wild. With the adoption

of the plan, the Chinese government

made a major commitment to the

conservation of pandas and the plan by

appropriating $13 million for its

implementation. However, the total

required for completion is estimated at

$77 million, leaving more than $64

million that must come from outside

sources over the next 10 years.

To carry out the fund-raising activities

effectively and to ensure that the funds

raised would be used entirely for the

conservation projects, China issued

guidelines, ‘‘Utilization and

Management of Funds Generated for

China’s National Conservation Project

for the Giant Panda and Its Habitat,’’

which have also been approved by

China’s State Council. The guidelines

indicate that the MOF is responsible for

coordinating and organizing the raising

of funds under the National Plan and

any funds generated must be submitted

to the China Protecting Giant Panda

Project Office (Project Office), which

will be responsible for assuring that

specific funds will be used in specific

areas. After deductions for some

overhead costs, funds will be used

entirely for projects in the National

Plan, allocated on a priority basis and

the Project Office is responsible for

announcing the allocation and

expenditure of funds generated for the

National Plan.

Advances have been made in the

captive-breeding efforts as well. In 1993,

the second international studbook of

giant pandas was published, listing all

births, deaths, capture locations, and

other valuable data. In September 1993

at the International Giant Panda

Conference in Chengdu a document

entitled, ‘‘Giant Panda Captive Breeding

Plan’’ was presented. It references the

Giant Panda Breeding Technical

Committee, which coordinates captivebreeding. Although the Service does not

know whether this document will

become official, it is a clear indication

of the increased cooperation between

Chinese zoos and MOF panda-breeding

facilities.

Recent events suggest that China is

interested in working with entities

outside of China in an integrated

conservation effort that includes

conservation in the wild and captive

propagation. On January 14, 1994, an

agreement was signed between AZA and

Chinese officials, in which the Chinese

support the long-term giant panda

captive-breeding cooperative plan in

North America as presented by AZA.

The Chinese also indicated that giant

pandas removed from the wild before

March 1993 and captive-born specimens

that do not detract from the breeding

efforts in China would be made

available for the North American

captive population. As part of this

agreement, AZA is developing

procedures for verifying expenditures

within China and for monitoring the

progress of conservation projects.

Furthermore, China has already agreed

to allow AZA personnel to visit China

to monitor projects.

The Giant Panda Conservation Action

Plan developed by AZA is intended to

supplement and support China’s

National Plan. It calls for 14 priority

actions to be implemented by

signatories in full collaboration with

Chinese colleagues and other

conservation organizations. One of the

priority actions is to establish a giant

panda SSP. The goals of the SSP would

include preservation of the species’

genetic diversity; research contributing

to the survival of both wild and captive

populations; public education and

professional training, including

technology transfer; and direct support
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16491

of habitat conservation, including

financial support.

Purposes

The primary function of any import of

giant pandas must be to enhance the

ultimate conservation of the species in

the wild. This will require a variety of

activities and actions in China,

including habitat protection, habitat

restoration, creation of corridors linking

isolated populations, elimination of

poaching, development of compatible

resource uses in giant panda habitat,

educational programs in China that

stress the importance of preserving giant

pandas and their habitat, development

of a self-sustaining captive population,

and, eventually, reintroduction of

captive-bred animals. This proposed

policy would allow for the issuance of

permits to import pandas for captivebreeding, scientific research, and/or

exhibition purposes, when the activity

is part of a coordinated international

panda conservation effort. It proposes

two alternatives for exhibition. In

alternative 1, exhibition would only be

allowed as an ancillary component to

captive-breeding or scientific research,

and such exhibition would be

contingent on the absence of conflict

between public display and the primary

research or captive-breeding activities.

Alternative 2 would allow the import of

pre-breeding age male pandas for shortterm exhibition under certain

circumstances. The proposed policy

emphasizes that, in addition to the

specific purpose(s) of a loan, the

permittee must typically fund

conservation projects and/or captivebreeding in China, as well as the

transfer of scientific and captivebreeding methodologies or conservation

education programs to China. Since

there are a number of pandas owned by

entities outside of China, this proposed

policy includes references not only to

China but also to lending institutions in

other countries. The proposed policy

would continue to prohibit the use of

pandas in animal acts or shows.

Wild-Taken Pandas

In the past it has been suggested that

giant pandas have been recovered (i.e.,

‘‘rescued’’) from the wild without

sufficient justification, and that such

removals were necessary for survival of

the species in the wild. The increased

international demand for captive giant

pandas may have provided incentives

that were misdirected in some

instances. The bamboo die-offs of the

early 1980’s perhaps stimulated

misguided and unnecessary removals of

pandas from the wild.

In recent years, the Chinese

government has taken a firm position on

captures from the wild and the number

of animals brought into captivity has

declined. The August 1989 joint report

of the MOF and WWF titled, The

National Conservation Management

Plan for the Giant Panda and its Habitat

(WWF Plan), includes Guidelines for

Rescue Operations in Section 3.8. These

recommendations were apparently

developed with the bamboo die-off of

the early 1980’s in mind, and they

recommend, among other things, that:

(1) No further panda emergency

operations should be mounted until

another major wave of bamboo

flowering affects the panda range; (2)

villagers should not receive any

financial incentive to rescue pandas; (3)

villagers who encounter starving pandas

should report immediately to the local

forestry officials or designated rangers,

who must visit the site to decide

whether rescue is necessary; and (4)

rescue should only be attempted in

terminal cases. It further states that

‘‘some of these regulations are already

accepted,’’ we assume, by the MOF. The

National Plan evolved from this 1989

plan.

A Sichuan Forestry Department

document, with a February 20, 1993,

date, titled, ‘‘Procedure for the

Conservation and Rescue of the Giant

Panda’’ (Rescue Procedures), outlines

procedures for reporting the occurrence

of ill or injured pandas, authorities

responsible for rescue decisions, and

options to be considered in a rescue. It

also refers to a national protocol on

panda rescue, and indicates that

Sichuan had taken actions regarding

possible panda rescues following the

lead of the State Council and the MOF.

Therefore, it would appear that national

panda rescue regulations or policy

similar to those used in Sichuan were in

effect at least by February 20, 1993.

This policy proposes that pandas

removed from the wild prior to

December 31, 1986, would be

considered for an import loan. This date

approximately follows the peak of

bamboo die-off in about 1983 by 3 years,

allowing a period during which pandas

might still have been affected by that

event. It appears the Chinese have

established even greater restrictions on

the rescue of pandas since then.

Therefore, the Service generally would

not consider any import of pandas

removed from the wild after December

31, 1986, unless the circumstances of

the removal clearly indicate that the

removal conformed to Chinese

regulations and was in the best interest

of the individual animal and the

species.

Age and Other Parameters of Animals

Available for Loans

No post-breeding age pandas would

be considered for import. Since data

now indicate that the reproductive age

is higher than originally thought, the

Service proposes that post-breeding

pandas would be over 20 years of age.

The Service feels that the risks from

transport to animals over this age would

not be acceptable.

For Alternative 1 in the ‘‘Exhibition’’

section, the Service proposes that prebreeding age pandas will not be

considered for an import permit, except

for female pandas within an estimated

6 months of their first estrus. For

Alternative 2, for short-term exhibition,

only the import of pre-breeding male

pandas would be considered.

Length of Loans

The Service believes that the length of

giant panda loans should be determined

by the purpose(s) of the loan and the

length of time necessary to accomplish

the goals of the import. The Service

feels that internationally coordinated

giant panda conservation efforts could

incorporate various types of loan

arrangements requiring varying lengths

of time.

Conservation Benefits of Specific

Projects

The Service continues to emphasize

the need to relate giant panda imports

to the enhancement of the species in the

wild, especially through funding of in

situ projects. It is expected that most

imports would be for multiple purposes

and funds would be generated.

The Service proposes that the

allocation of net profits derived by the

applicant during a loan period that can

be attributed to the loan should be based

on ownership of the panda, and should

be used for specific areas of

conservation. If the panda is owned by

China, at least 80 percent of net profits

must be used to fund in-situ

conservation projects in China’s

National Plan. Remaining funds would

be used for panda conservation,

including additional in-situ

conservation projects, education, and/or

captive-breeding efforts in China. If the

panda is owned by an entity other than

China, at least 50 percent of the funds

must be used to fund in-situ

conservation projects in China’s

National Plan. Remaining funds would

be used for panda conservation,

including additional in-situ

conservation projects, education, and/or

captive-breeding efforts inside China,

and/or captive-breeding efforts outside

of China. Specific conservation projects
16492 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

and/or activities to be funded must be

high-priority projects included in

China’s National Plan or otherwise

specifically and thoroughly justified.

The applicant would be required to

provide a complete monitoring plan to

track disbursement of funds and

progress of projects. Instead of outlining

exact requirements, the Service

proposes that monitoring plans contain

components that would clearly show

that the projects to be funded will be

completed. This should include

identification of specific projects with

timeframes given for tasks to be

completed, and a plan outlining how

progress would be documented and how

some site inspection would occur.

China has recently agreed to these

components when working with several

groups in the United States. The Service

would monitor the progress by requiring

the permittee to submit at least an

annual report of funds transferred and

status of projects funded and

implemented.

The Service also proposes that a

summary of projects to be funded would

be published in the Federal Register as

part of the public review process when

an application is received for a permit

to import a giant panda.

Scientific Research

The Service proposes that import

applications for scientific research

outline how the research would

contribute to the conservation of the

panda in the wild and in captivity. The

proposed policy requires that the

applicant provide a research proposal

that demonstrates that the research is

properly designed and can be

accomplished with the available

expertise and resources. The Service

will not categorize or identify

acceptable kinds of research but will

retain the option of judging the validity

and/or current need of the proposal

based on priorities given in a

coordinated international panda

conservation effort and in China’s

National Plan.

If the panda would also be on

exhibition, the applicant must have a

monitoring plan to ensure that the

display does not interfere with the

research or bias the data.

To the extent possible, the Service

would expedite permit applications for

biological samples under certain

conditions. The researcher needs to

keep in mind that under CITES export

permits are only valid for 6 months and

import permits for 1 year. Authorization

under the Act may be granted for 4

years, but then would need to be

published in the Federal Register for

public comment before renewal.

Captive Breeding

The proposed policy would require

permittees who import pandas for

captive-breeding purposes to participate

actively in a coordinated international

panda conservation effort. Breeding

loans need to benefit panda

conservation by supplementing the

breeding program in China to achieve a

self-sustaining captive population.

Since many of the pandas to be

imported into the United States for

breeding would have a history of not

reproducing, it is anticipated that there

will be a research component to the

captive-breeding activities.

If the panda would also be on public

display, the applicant must have a

monitoring plan to ensure that the

display does not interfere with the

breeding program.

Exhibition

To date, almost all of the loans of

giant pandas to the United States have

been solely for short-term exhibition

purposes and the generation of funds for

conservation and captive-breeding

activities in China. Funds from the loan

of one captive panda from the United

Kingdom were used to improve facilities

for that animal while at Chapultepec

Park Zoo in Mexico City.

The Service anticipates import

applications that include public display

would contain a component to educate

the public in the United States about the

ecological roles and conservation needs

of the giant panda, but this in and of

itself would not be considered to meet

the requirement under the Act of

enhancing the survival of the giant

panda in the wild. If the applicant

proposes to develop panda conservation

education programs that would be

transferred to China, the Service would

consider this component as possibly

meeting part of the enhancement

requirement. The Service emphasizes

support for education in China because

there appears to be a need for

educational programs in areas near giant

panda habitat and reserves to enhance

panda conservation.

The Service proposes two alternatives

on exhibition and invites public

comment.

Alternative 1—Exhibition Solely as an

Ancillary Component. Under this

alternative, which would be consistent

with the AZA moratorium on short-term

panda loans, import of pandas solely for

exhibition loans would not be allowed.

Educational display would only be

allowed as an ancillary component of a

captive-breeding and/or scientific

research program, when the display

would not interfere with the captivebreeding or research activities. Even

temporary loans of pandas to another

institution during the non-breeding

season would not be allowed, as this

could be disruptive to behavioral

interactions, endocrine monitoring, and

research designed to maximize breeding

success.

With advances in coordinated

international conservation efforts for the

giant panda, the Service proposes that

institutions in the United States focus

their energies on activities with captive

pandas that best ensure their recovery.

The Service recognizes that the use of

any of these animals for short-term

exhibition could detract from the overall

captive conservation efforts by

stimulating institutions to use resources

for short-term exhibition, rather than

committing resources to needed captive

breeding or research. Furthermore, the

use of breeding age pandas for shortterm exhibition loans could increase the

stress and reduce acclimation of pandas

to breeding surroundings while

minimizing the opportunities for

important research and captive-breeding

activities. Thus, in this alternative the

Service proposes to discontinue the

issuance of permits for the import of

pandas for solely exhibition purposes

(even though such exhibits might raise

substantial funds to go back to China);

every panda loan would be required to

have intrinsic conservation benefits in

its own right, in addition to financial

contributions to China.

Alternative 2—Short-term Exhibition.

In this alternative, the Service would

issue permits for the import of giant

pandas not only for activities as

described in alternative 1, but also

solely for short-term exhibitions under

specific conditions designed to raise

funds to be returned to China.

Exhibition loans could provide

significant funding in support of

conservation projects for pandas in the

wild, but the Service is still considering

whether such loans would in any way

have a detrimental affect on pandas in

the wild, or would detract from captivebreeding or research efforts.

Greater revenues for panda

conservation might be likely from

exhibition loans because of higher

visitation rates for shorter periods of

time, and because viewing opportunities

might occur at facilities that might

otherwise not be able to qualify for

scientific research or captive-breeding

purposes. Some concerns expressed in

the past about exhibition loans, such as

the lack of a studbook and the lack of

project priorities, have been addressed,

and other concerns about accountability

and the lack of a master breeding plan

are being addressed. Nevertheless, there
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16493

remain concerns that short-term loans

could in some way affect breeding,

stimulate take of additional pandas from

the wild, and/or detract from efforts to

support overall captive-breeding efforts.

Such loans emphasize the purely

financial benefits that may be gained

from exhibition, rather than any

intrinsic benefit from the loan itself.

While there is no available evidence

that the import of pandas of prebreeding ages, as allowed by the

previous policy, had subsequently had a

detrimental effect on their breeding,

AZA has suggested that the loan of only

male pandas would further minimize

the effects of loans on breeding. The

Service agrees with the AZA suggestion

and proposes that if the final policy

allows any short-term exhibition loans,

they would be limited to young, prereproductive age male pandas.

With regard to the possible removal of

pandas from the wild, projections have

changed in that: (1) China in recent

years has taken a firm position on

capture of pandas from the wild, (2) the

Service’s proposed policy continues not

to allow the import of any pandas that

were removed from the wild after 1986,

except in unusual yet justifiable

circumstances, and (3) the studbook

allows for a check on parentage of any

captive-bred pandas.

Finally, with regard to possible

disruption of efforts to maximize the

breeding potential of the captive

population, the Service notes: (1) That

the Chinese have been developing a

captive-breeding plan, (2) the Chinese

are supportive of AZA’s efforts to

augment captive-breeding efforts

through research and emphasis on nonreproductive pandas, and (3) the zoo

community has shown increasing

interest in supporting long-term captivebreeding efforts, although the expense of

constructing suitable facilities might

exclude some zoos from participating in

such long-term loans.

If after reviewing the comments and

information received from this notice,

the Service concludes that short-term

exhibition loans would not be allowed,

the Service would likely review this

aspect of the panda policy again after

accumulating or four or five years’

experience and data under the new

policy.

Primarily Commercial Purposes

Giant panda loans must be for

purposes that are not primarily

commercial. This proposed policy does

not reflect a significant change from the

previous policy since the requirements

of CITES have not changed, but there

are a few additions. One of the proposed

changes is a description of reasonable

expenses that could be deducted to

calculate net profit, and items that

would not be considered reasonable

expenses. Another is that the applicant

would need to submit a certified

statement from a reputable, independent

accounting firm that the internal

accounting system meets the

requirements of Service policy for

tracking funds.

Suitability of Facilities

CITES and the regulations under the

Act require that the evaluation of an

application for an import permit

includes consideration of whether the

applicant is suitably equipped to house

and care for the animals to be imported.

The proposed policy continues to

require the applicant to demonstrate it

has acquired available information on

giant panda care and facilities, and

training for involved keepers, as well as

approval by the Chinese of the quality

of the facilities. Although these

requirements would enable an

evaluation of the applicant’s initial

abilities to house and care for giant

pandas, the Service now feels that

additional assurances are needed

regarding the long-term care and health

of the animals. Therefore, under this

proposed policy applicants would be

required to develop a protocol for

monitoring the continued health and

behavior of giant pandas throughout the

loan period, or to describe an existing

protocol that will be used for this

purpose.

Transfer of Pandas to Other Entities

within the United States

Before a giant panda is transferred

between facilities within the United

States, the recipient must obtain an

interstate commerce permit under the

Act. The Service would, to the extent

possible, facilitate the transfer of

animals when it is part of a coordinated

breeding program. The transfer of

animals must also have the prior

approval of China or the entity that

owns the panda. The number of times

an individual panda is transferred

within the United States would be

closely monitored to protect the overall

health of the animal.

Response to the CITES Secretariat’s

Views on Giant Panda Loans

The text of the 1991 policy is not

significantly changed in the proposed

revised policy. The requirement of

permits under the Act is clarified as the

pre-Act exemption (Section 9(b) of the

Act) does not apply to animals to be

transferred under a lease-hold

agreement.

Public Comments Solicited

The Service requests comments on

this proposed policy. The final decision

on this proposal will take into

consideration the comments and any

additional information received, and

such consideration might lead to a final

policy that differs from this proposal.

Required Determination

This document was not subject to

Office of Management and Budget

review under Executive Order 12866.

The information collection requirements

identified in this policy as part of the

permit application have been approved

by the Office of Management and

Budget under the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq. and assigned

clearance number 1018–0022.

The Service has determined that this

proposed policy is categorically

excluded under Departmental

procedures from complying with the

National Environmental Policy Act

(NEPA) (516 Departmental Manual, Ch.

2, Appx. 1, paragraph 1.10). An

Environmental Action Memorandum is

on file at the Service’s Office of

Management Authority in Arlington,

Virginia.

Proposed Revised Policy on Giant

Panda Loans

Before any import permit will be

issued, the application must be

reviewed in terms of the applicable

requirements of CITES and the Act by

the Service’s Offices of Management and

Scientific Authority. Issuance of an

import permit under CITES requires

prior findings that: (1) The proposed

import would not be for purposes

detrimental to the survival of the

species; (2) the import would not be for

primarily commercial purposes; and (3)

the permit applicant is suitably

equipped to house and care for the

animals. Issuance of a permit under the

Act requires prior determinations that,

among other things: (1) The import

would be for scientific purposes or to

enhance the propagation or survival of

the species, in a manner consistent with

the purposes and policies of the Act;

and (2) issuance of the import permit

would not be likely to jeopardize the

continued existence of the species.

These requirements are further

implemented by application

requirements and issuance criteria

found in 50 CFR 13.12, 17.22, 23.14,

and 23.15. In addition, Section 9(d) of

the Lacey Act, with regulations at 50

CFR 14, Subpart J, requires that

shipments of live wild mammals being

shipped to the United States are done

under humane and healthful conditions
16494 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

such that the animals arrive alive,

healthy, and uninjured. The policy

requires the applicant to demonstrate

that the animals will be shipped so as

to satisfy this requirement.

Purposes

The primary goal of the policy is to

ensure that all imports of giant pandas

contribute toward the survival, and

ultimately the increase to a selfsustaining level, of panda populations

in the wild. All imports must be part of

a coordinated international panda

conservation effort, a term used in this

policy to mean an organized plan

through which all giant panda imports

support high priority projects in China’s

National Plan and are coordinated with

China’s captive-breeding plan and

AZA’s SSP or other applicable multinational breeding plans. The Service

anticipates that most import permit

applications will be for multiple

purposes. Applicants must identify the

primary purpose for the proposed

import and all other intended purposes.

No activities for additional purposes

may be undertaken during the course of

the loan without approval from the

Service.

The ultimate objective of managing

captive pandas should be for breeding

and research purposes, and any training

or use of pandas in animal acts would

be considered as detracting from this

objective. Therefore, use of pandas in

animal acts or shows during the loan

period would be prohibited by

condition of the permit.

Wild-Taken Pandas

The following guidelines will be used

to evaluate import applications

involving pandas removed from the

wild. These time constraints are based

on information available to the Service

suggesting that the removal of pandas

from the wild has increasingly come

under control by the Chinese, starting

prior to the WWF Plan of August 1989.

In all cases, the Service will continue

its policy of approving import permit

applications only when it is sure that

the loan did not, or will not, contribute

to the removal of pandas from the wild.

1. Pandas removed from the wild

prior to December 31, 1986, will be

considered for an import permit.

2. The importation of pandas removed

from the wild after December 31, 1986,

will not be considered, unless

information describing the

circumstances of their removal clearly

indicates that the Rescue Procedures

were followed, that the animal(s) was

malnourished, ill, or injured to a degree

that justified its removal, and that

circumstances of the animal’s recovery,

of habitat conditions, of population

density, or other reasons provided

clearly precluded reintroduction of the

animal(s).

Age and Other Parameters of Animals

Available for Loans

1. Pandas over 20 years of age will not

be considered for an import permit

because they are probably beyond

breeding age, and the risks from the

stresses of travel are not biologically

acceptable.

2. For alternative 1 in the

‘‘Exhibition’’ Section, pre-breeding age

pandas will not be considered for an

import loan. This would include

females under 4 years of age, and males

under 5 years. Even though it is

expected that captive-breeding loans

will concentrate on the use of pandas

that have not been successfully bred in

China (or elsewhere), there may be

situations in which females within 6

months of their first estrus would be

considered to allow a pre-breeding

period of acclimation of a pair.

3. In alternative 2, only pre-breeding

age male pandas from the age of 2 to 5

will be allowed for short-term

exhibition loans.

• Only male pandas that are

independent of maternal care but are

not yet of breeding age or approaching

breeding age will be allowed to be

imported. Specifically, this include

males at least 2 years of age at the

beginning of a loan period and under 5

years at the end of a loan period.

• No pre-reproductive female pandas

or breeding age giant pandas of either

sex will be considered for short-term

loans, even during the non-breeding

season.

Length of Loans

The Service will evaluate the length

of time requested for the proposed loan

to ensure it is appropriate to the

proposed activity. For example, if the

primary purpose of the import would be

for captive breeding and/or research, the

length of the loan should be of sufficient

duration to accomplish the stated goals.

Generally it is anticipated that such

activities may require 3 to 5 years, or

perhaps a longer time for the maximum

benefit to captive-breeding activities in

the United States.

Conservation Benefits of Specific

Projects

All of the net profits resulting from

the import are to be used for

conservation of the giant panda and its

habitat. Emphasis is on in-situ

conservation projects as listed in

China’s National Plan.

1. Whenever funding is associated

with the import of giant pandas, the

following must be satisfied:

(a) Net profits are to be allocated as

follows:

• If the animals are owned by China,

at least 80 percent of the funds are to be

used for in-situ conservation projects for

the giant panda and its habitat in China

as listed in China’s National Plan. The

remaining funds must be used to

support conservation, including

additional in-situ projects, education

and/or breeding efforts for the giant

panda in China. In the event that profits

generated exceed the ability of the

Chinese to apply the monies to priority

projects or captive-breeding in China at

any one point in time, then funds may

be used to support breeding efforts for

the giant panda outside China with

approval from the Service.

• If the animals are owned by an

entity other than China, at least 50

percent of the funds are to be used for

in-situ conservation projects for the

giant panda and its habitat in China as

listed in China’s National Plan. The

remaining funds must be used for panda

conservation, including additional insitu conservation projects, education, or

captive-breeding efforts in China, and/or

captive-breeding efforts outside of China

as part of a coordinated international

panda conservation effort.

(b) Conservation projects to be funded

must meet the following conditions:

• They must be included in a

coordinated international panda

conservation effort, or compelling

reasons must be given for funding other

projects. Preferably, any conservation or

breeding plan cited as including

projects to be funded should be formally

approved by China’s Project Office of

MOF or the appropriate entity in

another country, but plans or programs

that have not been officially approved

will be considered.

• They must be considered to be of

high priority in the most recent

coordinated international panda

conservation effort.

• They must be described as

specifically as possible, with funding

allocations to specific tasks given in

foreign currency (e.g., yuan) and in U.S.

dollars, and projected timeframes given

for use of the funds to initiate and

complete specific projects or activities.

(c) The applicant must provide a plan

to monitor the disbursement of funds for

selected conservation projects or

activities. The plan needs to be

sufficiently complete so that the Service

is satisfied of its effectiveness and that

the projects to be funded will be

completed. Such a monitoring plan
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16495

should include provisions equivalent to

the following:

• Before funds are transferred to the

appropriate office in China or the

lending entity, the permittee and the

appropriate foreign entity should agree

on a detailed budget, work plan, and

timetable for project completion.

Specific, measurable objectives and a

schedule for progress reporting should

be identified for each project.

• Payments should be made in

installments. Each payment needs to be

linked to actions taken toward

completion of the project(s).

• Subsequent payments should be

contingent on approval of progress

reports by the permittee.

• An independent audit should be

conducted annually to verify

disbursement of funds.

• The permittee, its authorized

representative, and the Service must

have permission from the implementing

agency to examine records and to make

site visits to funded projects at least

annually.

2. Annual reports to the Service will

be required, which should give an

accounting and report of funds

transferred and portions of the project

completed (see section under ‘‘Primarily

Commercial Purposes’’ for further

reporting requirements). Copies of

reports received by the applicant from

the recipient of funding should be

included, with English translations if

reports are not in English.

3. As part of the notice of receipt of

a permit application published in the

Federal Register for public comment,

the Service will describe the specific

projects the applicant is proposing to

fund.

Scientific Research

There is a great need for scientific

research on the giant panda, both in the

wild and in captivity. The research must

contribute to the conservation of the

panda and typically, when part of an

import loan, must provide a source of

funds for panda conservation in the

wild, as described below.

(1) The applicant must provide

information to show that the research is

bona fide, meaning research that is

properly designed and can be

accomplished with the expertise and

resources available:

• Objectives and goals must be clearly

defined. Hypotheses and experimental

designs, when applicable, intended to

test them must be described.

• Investigative procedures and

research protocols must be described in

detail or referenced as published in a

recognized journal.

• Estimated timeframes need to be

given.

• Research must not be duplicative

unless it is a collaborative effort, or if

repetition can be justified.

• The results of the research would be

expected to identify, evaluate, or resolve

panda conservation problems or

contribute to the basic knowledge of

panda biology and ecology deemed

important to the survival of the panda.

• The results would likely be

published in a scientific journal.

(2) For research with live pandas, the

applicant must have the expertise and

resources to accomplish the stated

objectives.

• Enhancement may be satisfied

solely through scientific research if it

can be convincingly shown that results

will be used to study and/or manage

giant pandas in a way that would

contribute to their conservation in the

wild. It is expected that requests to

import live pandas for scientific

research will also include other,

additional enhancement activities, such

as the generation of funds for panda

conservation in the wild.

• Research must be recognized as a

high priority activity by a coordinated

international panda conservation effort.

• Proposals must describe how the

study may contribute to the

conservation of the giant panda in the

wild. If in situ, the research must be a

collaborative effort with Chinese

scientists. If the research is ex situ, the

applicant must describe why it is best

conducted outside China, and how any

information gained or methodologies

developed will be transferred for use in

China, including estimated timeframes

of transfers, training, or collaborative

efforts.

• Any physically invasive procedures

to be used or any behavioral

modifications anticipated as part of

research activities must be described,

together with a detailed plan describing

how the applicant would respond to

and minimize complications that might

arise. Any subsequent procedural

changes and/or additions must be preapproved by the Service.

• The permittee must provide an

annual report summarizing research

activities associated with the purposes

of the permit, including a brief

description of each project, a copy of

protocols developed and methodologies

used, a summary of data collected with

a discussion of results and copies of

published papers resulting from the

research. The report should also

indicate any transfer of research

protocols or methodologies to the

Chinese and their use in China, in the

wild or in captivity.

(3) If live pandas are going to be on

exhibition at any time during the term

of the research loan, the following must

be satisfied:

• The applicant must provide

protocols outlining how the research

and exhibition will be monitored to

ensure that having the pandas on

exhibit is not interfering with the

research or biasing data. The applicant

must also provide the name, position,

and qualifications of the individual who

will be responsible for making the

decision to take the pandas off of exhibit

if the display is interfering with the

research.

• The applicant must have adequate

facilities to conduct the research and

house the pandas separate and apart

from the public exhibition areas in case

it is found that exhibition interferes

with the research.

• The funds generated by the

exhibition must be used for

conservation projects.

(4) For research involving biological

samples, the applicant must have the

expertise and resources to accomplish

the stated objectives.

• Salvaged specimens (i.e., those

obtained from animals that have died of

natural causes; naturally shed hair)

must be obtained without harassing any

live animals, and collection must be

authorized by the MOF, MOC, or the

Project Office.

• The collection of samples from live

captive giant pandas must be done by

qualified personnel, preferably

veterinarians, with appropriate training

and experience in capture, restraint, and

sample collection, so as not to result in

death or injury of animals. Sampling

must also be done in a manner that

would not be disruptive to breeding

activities. The collection and

subsequent export of such samples to

the United States must be done in

cooperation with the authority

responsible for managing the animals

(e.g., MOC).

• Any collection of biological

samples from live giant pandas in the

wild must be authorized by the MOF.

Generally, only samples that were

collected incidental to the capture of

animals for other purposes by MOF

biologists will be considered for import.

However, the import of samples taken

from animals captured for the sole

purpose of collecting samples for import

will be considered if the samples are to

be used in research that is expected to

have a substantial benefit to giant panda

conservation. In this case, import

permits must be obtained prior to the

collection of the samples. Samples from

live wild giant pandas may only be

collected by qualified personnel,
16496 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

preferably veterinarians, who have

appropriate training and experience in

capture, restraint, and sampling

methodologies appropriate to giant

pandas, so that sampling is unlikely to

expose live giant pandas to risk of death

or injury, or to disrupt mating or

parental care of young.

• The results of research conducted

with imported specimens must be

reported to the Service at least annually;

a report should include copies of any

scientific publications produced. The

report must contain information on the

number and type (e.g., blood, hair, skin

biopsy) of samples imported, specific

source/location from which each sample

was collected (if more than one was

authorized), and observations on the

effects of sampling on the animals. The

report must also state whether the

research resulted in the development

and transfer of research protocols or

other methodologies to the Chinese and

how these products have been/will be

used in China for the conservation of

giant pandas.

• The Service will consider the

issuance of general permits for the

import and export of biological samples

when the applicant provides sufficient

information to show the conditions

outlined in this policy are met and as

long as complete annual reports are

submitted in a timely manner.

• The import or export of urine, feces,

and synthetic DNA, when collected in a

manner that does not involve the

capture, detention, or killing of

protected wildlife, does not require a

permit from the Service. The CITES

Management Authority of any exporting

or importing country should be

contacted to meet any requirements it

may have.

Captive Breeding

Breeding loans need to benefit panda

conservation by supplementing the

breeding program in China to achieve a

self-sustaining captive population, and

typically also to provide a source of

funds for panda conservation in the

wild. There is a need to maximize the

use of pandas currently held in captivity

that are not essential to China’s breeding

program. It is anticipated many of the

animals that may be requested to be

imported into the United States will be

ones that have not successfully bred in

China, and the policy emphasizes the

need to have a research component to

identify how these individuals may best

contribute to the breeding component in

China.

(1) The applicant must provide

sufficient information to demonstrate

the importance and necessity of

importing pandas for captive-breeding:

• Enhancement may be satisfied

through captive-breeding if it can be

convincingly shown that results will be

used to study and/or manage giant

pandas in a way that has promise of

contributing to panda conservation. It

will be expected to include a research

component aimed at increasing

reproductive success if the animals

involved have a history of being nonbreeding animals. It is expected that

requests to import live giant pandas for

captive breeding will also include other,

additional enhancement activities, such

as the generation of funds for panda

conservation in the wild.

• If research is a component, the

applicant must provide information to

show that the research satisfies the

requirements of this policy concerning

scientific research. The research must be

recognized as a high priority activity by

a coordinated international panda

conservation effort.

• The proposed captive-breeding

must be part of a coordinated

international panda conservation effort

designed to complement conservation

efforts for the wild panda population,

with the applicant actively participating

in the plan.

• The breeding loan must

demonstrate how it will contribute to

the preservation of the panda’s gene

pool (i.e., retention of maximum genetic

diversity). The choice of individuals to

be imported should be based on

scientific management of the captive

populations with genetic and

demographic criteria used to determine

mating pairs.

• Proposals must describe how the

study would contribute to the

conservation of the giant panda in the

wild or in captivity, and how any

information gained or methodologies

developed will be transferred for use in

China, including estimated timeframes

of transfers, training, or collaborative

efforts.

(2) The applicant must provide

information to show that he/she has the

expertise and resources to accomplish

the stated objectives:

• The applicant must submit a

detailed breeding protocol that outlines

when male and females will be paired

for breeding, how females and males

will be visually and physically

separated and/or managed together,

with layout of facilities and protocols

for rearing potential young.

• Imports of frozen sperm for use in

captive breeding must be done in

accordance with a coordinated

international panda conservation effort.

• Artificial insemination or any other

physically invasive procedures must be

described, and any subsequent

procedural changes and/or additions

must be pre-approved by the Service.

• The permittee must provide at least

an annual report summarizing breeding

activities, and research activities, if

pertinent, including a copy of protocols

developed and methodologies used, a

summary of data collected with a

discussion of results, and copies of any

published papers. The report should

also indicate any transfer of protocols or

methodologies to the Chinese and their

use in China in the wild or in captivity.

(3) If pandas are going to be on

exhibition at any time during the

captive-breeding loan:

• The applicant must provide

protocols outlining how the captive

breeding, its research component, when

applicable, and exhibition will be

monitored to ensure that having the

pandas on exhibit does not interfere

with captive breeding and/or its

research component. The applicant

must also provide the name, position,

and qualifications of the individual who

will be responsible for making the

decision to take the pandas off of exhibit

if the display is interfering with the

captive-breeding or its research.

• The applicant must have adequate

facilities to conduct the captive

breeding and its research component,

when applicable, and to house the

pandas separate and apart from public

exhibition areas, in case it is found that

the exhibition interferes with the

captive breeding or its research.

• The funds generated by the

exhibition must be used for

conservation projects as previously

described.

• The applicant must consent to the

movement, substitution, or transfer of

any panda to another approved

institution if, in the judgment and at the

request of China, such action is needed

to maximize successful captive-breeding

opportunities.

Exhibition

1. The import of giant pandas for the

purpose of educational exhibition alone

would not be sufficient to satisfy

enhancement requirements. The Service

encourages institutions importing giant

pandas to educate the U.S. public about

the ecological role and conservation

needs of the giant panda, but will not

consider this in reviewing applications.

However, if an applicant is developing

a panda conservation education

program that would be transferable to

China, or is developing a program

specifically for use in China,

particularly in localities near giant

panda habitat and reserves, the Service

will consider this project as part of a

coordinated international conservation
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16497

effort in making its enhancement

finding.

• Educational programs in China

should be aimed at local people, school

children, panda researchers (field and

captive), reserve biologists, and

managers.

• Educational activities or projects

must be described in detail, including

samples of the kinds of educational

materials to be used, and a description

of evaluation methods.

• The messages conveyed through the

educational program should stress

historical and contemporary impacts on

the status of the giant panda in the wild,

and conservation efforts that might be

required to halt the species’ decline and

degradation of its habitat.

2. Alternative 1—Exhibition Solely as

an Ancillary Component. Educational

displays would only be allowed as an

ancillary component of a captivebreeding and/or research program.

Specifically, the import of pandas solely

for exhibition loans of any length would

not be allowed.

3. Alternative 2—Short-term

Exhibition. For purposes of this policy,

the import of pandas for short-term

exhibition loans would be allowed

under certain conditions:

• A panda can only be on loan for

short-term exhibition for a maximum of

1 year.

• During a single 1-year loan period

in the United States, up to 3 different

institutions may receive and display the

pandas for periods of at least 3 months,

unless health considerations dictate

otherwise.

• Each institution following the first

in the sequence of exhibitions must

have submitted complete application

materials as well as written

authorization from the exporting

country’s Management Authority and, if

from China, from the Protecting Giant

Panda Project Office.

Primarily Commercial Purposes

With regard to the determination of

whether a loan of giant pandas is not to

be used for primarily commercial

purposes, the Service will utilize the

following policy.

1. Resolution Conf. 5.10 of CITES

provides that:

• The nature of the transfer of

specimens between the owner in the

country of export and the recipient in

the country of import may be

commercial. It is the intended use of the

specimens in the country of import that

must not be for primarily commercial

purposes, and it is the responsibility of

the recipient country’s Management

Authority to make this determination.

• There may be some commercial

aspects of that use, but the noncommercial uses must predominate in

order to be deemed primarily noncommercial.

2. Public, non-profit institutions,

organizations and agencies will receive

consideration for panda loans. The

Service’s general regulations at 50 CFR

10.12 define ‘‘public’’ institutions as

those that ‘‘* * * are open to the

general public and are either

established, maintained, and operated

as a government service, or are privately

endowed and organized but not

operated for profit.’’ Although

commercial (profit-making)

organizations may also choose to apply

for such loans, the profit-making

characteristics of such organizations

will make it more difficult for the

Service to find that the specimen(s)

proposed for import is not to be used

primarily for commercial purposes. As

in all cases, the burden rests with the

applicant to show that this CITES

requirement is satisfied. Of necessity,

the burden of proof will be higher for

commercial enterprises than for nonprofit entities.

3. It is the Service’s policy that all

funds or other valuable considerations

raised directly or indirectly by a public

institution or other organization that are

obtained by the organization(s) or

institution(s) involved (or any for-profit

parent organization of the applicant, but

not including unrelated private entities,

such as hotels, not associated with the

applicant) as a result of the panda loan

are, to the extent that such funds or

other valuable considerations exceed

the reasonable expenses that are

properly attributable to the exhibitions,

to be used entirely for the noncommercial purposes outlined in the

prior section, ‘‘Conservation Benefits of

Specific Projects’’.

• Reasonable expenses include the

following: Facility construction if

amortized for the entire proposed length

of the loan (but not for short-term

exhibition loans), facility maintenance,

direct labor and operating supplies

needed for the care of the pandas

(includes keeper and veterinary

support), administrative support

directly associated with the

maintenance of the animals, security

needed for the pandas, development of

educational materials for use in China,

development of educational signs for

exhibits in the United States, and

supplies or materials necessary to

conduct research or captive-breeding

activities that have been identified in

the application.

• It is the intent of the policy to

maximize funds going back to

conservation projects in China and, as

such, costs associated with ordinary

operations, such as advertising, general

personnel costs, general legal expenses

(not directly related to the panda loan),

will not be considered reasonable

expenses.

• Collection of revenues generated by

the panda loan by the importing

institution (e.g., gate receipts, food and

drink sales, tourist souvenirs), either for

its own use or for the use of other

organizations, for purposes other than

those previously described, would be

judged to be a primarily commercial

activity, as would the use of revenues

for profit-making purposes.

4. Each applicant for a panda loan, in

satisfying the applicable requirements of

50 CFR subchapter B, should submit a

detailed plan for the allocation of all

funds raised in excess of expenses, as a

result of the panda loan. The

application must also include a

certification statement from a reputable,

independent accounting firm stating

that the applicant’s internal accounting

system is sufficient to account for and

track funds generated directly or

indirectly by the panda loan, and for the

subsequent disbursement of funds.

5. Each recipient of a permit to obtain

a panda loan shall be required, in

accordance with 50 CFR 13.45, to

submit an annual report to the Service

as a condition of the permit. The annual

report must contain a full accounting of

all funds raised directly or indirectly by

the institution or organization, the

portion of those funds that is in excess

of expenses, and what portion of these

funds are to be disbursed for giant

panda conservation projects or activities

as outlined in the prior section,

‘‘Conservation Benefits of Specific

Projects’’.

• The report must include names of

people involved, location of the

activities, a brief description of each

project, and the amount and use of

money being provided the project. The

report must also identify specific costs

that were deducted as reasonable

expenses.

• Conservation projects other than

those projects presented in the

application must receive approval from

the Service’s Office of Management

Authority prior to allocating funds.

These policy considerations will be

used by the Service only for

determining whether panda imports are

primarily commercial in nature. They

are not intended to apply to Appendix

I import permit applications for other

species. All such applications must

continue to demonstrate that the

proposed import meets the general

requirements of resolution Conf. 5.10 to
16498 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

satisfy the ‘‘not to be used for primarily

commercial purposes’’ test.

Suitability of Facilities and Care

Under CITES, the Service must be

‘‘satisfied that the proposed recipient of

a living specimen (to be imported) is

suitably equipped to house and care for

it’’. Under the regulations implementing

the Act, the Service must determine that

the applicant has ‘‘* * *the expertise,

facilities, or other resources* * *to

successfully accomplish the

objectives* * *’’ To aid in satisfying

these requirements, applicants must

provide the following information in

addition to the information required in

50 CFR 17.22:

• Copies of protocols for monitoring

general health and behavior. In lieu of

new protocols, an applicant may submit

copies of protocols recommended by a

coordinated international panda

conservation effort.

• Diagrams and photographs clearly

depicting all enclosures where the

panda may be housed, including any

off-exhibit areas and panda holding

area(s) in relation to other facilities,

including roads adjacent to such areas.

• Information to demonstrate the

applicant has consulted with at least

two other facilities that have

successfully held pandas in recent

years, that the applicant has facility

features that address the National

Zoological Park’s recommended

measures for giant panda care and

facilities, and that zoo staff, especially

keepers and veterinarians, have had

proper training and experience to care

for pandas.

• Approval of facilities by the

Chinese or appropriate authority in the

lending country, if such a stipulation

has been made in a contractual

agreement. If approval has not been

given prior to applying for the permit,

there must be a statement from the

applicant certifying that the agreement

stipulation will be satisfied before

animals are imported.

Transfer of Pandas to Other Entities

Within the United States

Applicants proposing to import giant

pandas and subsequently transfer them

to another entity within the United

States should indicate this in the initial

import application. The proposed

recipient of the panda will need to

apply for and receive an interstate

commerce permit under the Act prior to

the transfer since the pandas are being

held under a loan (e.g., lease-hold

agreement) from China or other lending

entity. The proposed recipient of the

panda needs to provide all the

information required by the Act, its

regulations, and this policy. The Service

will facilitate, to the extent possible, the

transfer of animals within the United

States when part of a coordinated

breeding program. If the receiving

institution has a panda permit on file

with the Service, it can reference the

permit number and information in this

file, and provide any new information

for the Service to review in

consideration of an interstate commerce

permit. These applications will be

published in the Federal Register, and

so the applicant will need to allow at

least 90 days for processing. Such

transfers must also have the prior

approval of China or the entity that

owns the animals. The number of times

an individual panda is transferred

within the United States will be closely

monitored to protect the overall health

and well-being of the animal.

Response to the CITES Secretariat’s

Views on Giant Panda Loans

The Service notes with approval the

recommendation of the Secretariat that

no exemptions be granted to the

requirements of Article III of the

Convention for the shipment of giant

pandas, even for animals that might

otherwise qualify for an exemption as

‘‘pre-Convention’’ animals under Article

VII. However, the Service does not have

authority under U.S. law to refuse to

accept a valid pre-Convention

certificate. If the Management Authority

of the country of origin or of the country

of re-export does not issue a preConvention certification, the Service

will require a U.S. import permit and

export permit or re-export certificate, as

appropriate, from the exporting or reexporting country in accordance with

Article III of the Convention. In

addition, even if a valid pre-Convention

certificate is issued by the exporting

country, an import permit would be

required under the Act for all panda

loans (and an export permit, if the

pandas are to leave the United States),

even for pandas acquired prior to

January 23, 1984 (the date of the final

Federal Register notice listing the giant

panda under the Act), as the pre-Act

exemption (Section 9(b)(1) of the Act)

does not apply to animals that are

subsequently held in the course of a

commercial activity (e.g., lease-hold

agreement).

The Service will also continue its

policy of approving applications only if

it is sure that the proposed loan did not,

or will not, contribute to removal of

pandas from the wild, and that the noncommercial purposes for the proposed

loan predominate.

This notice was prepared under the

authority of the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et

seq.).

Dated: February 21, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–7851 Filed 3–29–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

Letters of Authorization to Take Marine

Mammals

AGENCY: Notice of issuance of Letters of

Authorization to take marine mammals

incidental to oil and gas industry

activities.

SUMMARY: In accordance with Section

101(a)(5) of the Marine Mammal

Protection Act of 1972, as amended, and

the U.S. Fish and Wildlife Service

implementing regulations (50 CFR

18.27), notice is hereby given that

Letters of Authorization to take polar

bears and Pacific walrus incidental to

oil and gas industry exploration

activities have been issued to the

following companies:

Company Activity Date issued

Western Geophysical .......... Exploration ....................................................................... Jan. 3, 1995.

Schlumberger Geco—

Prakla.

Exploration ....................................................................... Jan. 3, 1995.

ARCO Alaska, Inc. .............. Exploration ....................................................................... Feb. 1, 1995.

BP Exploration (Alaska) Inc., (BPX)

and ARCO Alaska, Inc., (ARCO) were reissued reoccurring Letters of

Authorization to incidentially take polar

bears and walrus during development

and production activities based upon

receipt of an annual monitoring report.

BPX is authorized to incidentally take

polar bear and walrus in the Prudhoe