[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26986-26988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10890]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-IA-2014-N086; FXIA16710900000-145-FF09A30000]
Interim Suspension of Imports of Elephant Trophies From Zimbabwe
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Interim Suspension on Importation of Zimbabwean
Elephant Trophies.
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SUMMARY: On April 4, 2014, the U.S. Fish and Wildlife Service (Service)
announced an interim suspension on importation of sport-hunted African
elephant trophies taken in Zimbabwe during the 2014 season (on April
17, 2014, the Service revised this finding, primarily to clarify that
the suspension applied only to elephants hunted on or after April 4,
2014). The decision to suspend importation of African elephant trophies
taken in Zimbabwe was due primarily to the Service having insufficient
information on the status of elephants in Zimbabwe and the current
management program in Zimbabwe to determine that the killing of the
animal whose trophy is intended for import into the United States would
enhance the survival of the species.
DATES: The temporary suspension described in this document went into
effect April 4, 2014, and will remain in effect until we provide
further notice.
ADDRESSES: Timothy J. Van Norman, Chief, Branch of Permits, Division of
Management Authority, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Room 212, Arlington, VA 22203; fax (703) 358-2280; or
email DMAFR@fws.gov.
FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, (703) 358-2104
(telephone); (703) 358-2280 (fax); DMAFR@fws.gov (email).
SUPPLEMENTARY INFORMATION:
Background
The African Elephant (Loxodonta africana) is listed as threatened
under the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and is
regulated under a special rule found at 50 CFR 17.40(e). The special
rule includes specific requirements for the import of sport-hunted
trophies, including marking requirements for ivory. Under Sec.
17.40(e)(3)(iii)(C), in order for the U.S. Fish and Wildlife Service
(Service) to authorize the import of a sport-hunted elephant trophy,
the Service must find that the killing of the animal whose trophy is
intended for import into the United States would enhance the survival
of the species.
Zimbabwe has had an active elephant hunting program for more than
20 years and imports of elephant trophies into the United States have
occurred at least since 1997, when the Zimbabwe elephant population,
along with populations in Botswana and Namibia, was downlisted to
Appendix II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES). When the population was
downlisted, the Service published a Federal Register notice that
acknowledged that, as these elephants were classified as an Appendix II
population, no U.S. import permit would be required to import trophies.
However, we did state that in accordance with the special rule under
the ESA, the requirement for an enhancement finding would continue to
apply (62 FR 44627, 44633, August 22, 1997). In that Federal Register
notice, we stated that in making the required enhancement finding for
import of sport-hunted trophies, the Service would review the status of
the elephant population and the total management program for elephants
in each country to ensure the program was promoting the conservation of
the species. The notice also stated that the Service would make such
findings on a periodic basis upon receipt of new information on the
species' population or management. If, based on new information, the
conditions of the special rule are no longer met, the Service explained
that it would publish a notice in the Federal Register of any change.
Need for Current Data
Although African elephant conservation issues have received
significant attention within CITES over the last 10 or more years, the
Service
[[Page 26987]]
has limited information on elephant management programs, efforts to
control poaching, and the effects of legal hunting in Zimbabwe. While
the Service is aware of a 1997 national elephant management plan, we
are not aware of any updates to the plan, or whether an adaptive
management approach has been taken in implementing the plan. In 2007,
the Service sent a letter to the Parks and Wildlife Management
Authority of Zimbabwe requesting additional information. While we did
receive some information at that time, we have not received any
additional updates directly from government officials since that time.
Service representatives have met in person with Zimbabwean
representatives at various times in the past 6 years, but again, little
new or additional information has been obtained. As stated, with
African elephants being a prominent species within CITES discussions,
the Service has received information through documents produced in
association with CITES activities. However, this information has
focused more on the ivory trade and poaching, with less about
regulatory mechanisms in place that would allow for appropriate
management of elephants, sustainable utilization of elephants, and how
elephant management is integrated into human communities to reduce
human-elephant conflicts and support elephant populations.
According to the International Union for Conservation of Nature
(IUCN) Species Survival Commission, African Elephant Database report
``2013Africa'', the elephant population in Zimbabwe in 2007 was 84,416,
but as of 2013, that population had been reduced to 47,366. However,
until very recently, the Government continued to provide population
estimates exceeding 100,000 elephants. The summary in the IUCN report
indicates that, of recent surveys, only about 1% of the country has
been covered by more reliable aerial or ground surveys for population
estimates, while about 50% was covered by less accurate sample counts
or dung counts. For a substantial portion of the country, no recent
surveys have occurred, and most estimates are based on 2001 figures.
Even problem areas such as Hwange National Park where poaching appears
to have significantly reduced the numbers of elephants do not appear to
have been surveyed since 2001.
Several areas that were covered in the current surveys (2006-2010)
indicate a substantial decline in the population; whether this decline
is related to habitat degradation or poaching is unknown. Figures
presented at the 16th Meeting of the Conference of the Parties to CITES
in Bangkok, Thailand, March 3-14, 2013, indicates that, from 2002-2011,
the number of elephants illegally killed annually increased
significantly. While the numbers for 2012 and 2013 are not yet
available, the trend would indicate a higher percentage of illegal
killings and a population in decline. However, without further
information, the Service is unable to determine the reliability of
these numbers and what influence such a decline, if accurate, is having
on the elephant population and its habitat in Zimbabwe.
The Service recognizes that Zimbabwe has established the Parks and
Wild Life Act, as well as other laws and regulations, which provide a
strong legal basis for regulating utilization and management of
elephants within the country. However, with the limited information
available to the Service at the time the decision to suspend imports
occurred, it is not clear if resources and governance are adequate to
successfully implement and enforce the established regulations. Based
on available information, it appears that the Zimbabwe Parks and
Wildlife Department receives no funding from the central Zimbabwean
Government and must rely primarily on hunting revenues. A 2013 CITES
Panel of Experts raised concerns as to the status of the Zimbabwe Parks
and Wildlife Department relating to its weak financial base, lack of
management skills, inadequate and old equipment, and poor
infrastructure. However, the Service has little information as to
funding levels or the available financial base, management skills,
equipment, or infrastructure.
Without current data on population numbers and trends, government
efforts to manage elephant populations, government efforts to address
human-elephant conflicts and poaching, and the state of the hunting
program within the country, the Service is currently unable to make a
finding that sport-hunting in Zimbabwe is enhancing the survival of the
species and that imports of trophies from that sport hunting would meet
the criteria established under the ESA for African elephants. However,
we recognize that our inability to make a finding is based primarily on
a lack of information, not on specific information that shows that
Zimbabwe's management is not enhancing the survival of the species.
Therefore, the Service is actively pursuing additional information from
the Government of Zimbabwe, as well as other sources, in an effort to
make a final determination on whether African elephant sport-hunted
trophies taken in 2014 could be imported into the United States.
Recent Action
Until sufficient additional information can be obtained, the
Service has established an interim suspension on imports of elephant
trophies taken from Zimbabwe on or after April 4, 2014, the date the
suspension was announced through a press release and posting on the
Service's Web page. Until the Service is able to issue a finding that
the sport hunting of African elephants in Zimbabwe enhances the
survival of the species, U.S. hunters are on notice that, while no ESA
permit is currently required for the import of sport-hunted trophies,
such imports cannot occur at this time. The current enhancement finding
has been posted at http://www.fws.gov/international/pdf/enhancement-finding-2014-elephant-Zimbabwe.PDF. In addition, the press release
announcing the interim suspension and frequently asked questions is
available at on the Service's Web page (www.fws.gov/international).
The Service has requested the information necessary to make a final
decision from the Government of Zimbabwe. After the Service has an
opportunity to review new information and obtain additional
information, if necessary, we will make a final decision. If the
Service finds that sport hunting of African elephants in Zimbabwe
enhances the survival of the species, the suspension will be lifted.
If, after reviewing the new information, the Service finds that sport
hunting of African elephants in Zimbabwe does not enhance the survival
of the species, the suspension will continue until the Service receives
new information in the future that would allow it to make a positive
enhancement finding. Either way, the final finding will be published in
the Federal Register and made available on the Service's Web page.
Interim Suspension
This suspension does not prohibit U.S. hunters from traveling to
Zimbabwe and participating in an elephant hunt. The ESA special rule
for African elephants does not prohibit take (e.g., hunting) outside
the United States, but it does prohibit import of sport-hunted trophies
unless all requirements have been met. Therefore, it is possible that a
hunter that hunted in Zimbabwe and took an elephant after April 4 could
import his or her trophy at a later date if the Service can determine
in the final finding that imports meet the criteria under the ESA.
Nonetheless, the Service cannot ensure that such imports will ever be
authorized in the future.
[[Page 26988]]
Further, this suspension on imports does not affect elephant taken
in Zimbabwe prior to April 4, 2014. Elephants hunted in previous
hunting seasons are still eligible to be imported, provided all CITES
and other import requirements are met.
Dated: May 7, 2014.
Timothy J. Van Norman,
Chief, Branch of Permits, Division of Management Authority, U.S. Fish
and Wildlife Service.
[FR Doc. 2014-10890 Filed 5-9-14; 8:45 am]
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