Authority and Responsibilities - International Activities

Citation
530 FW 1
FWM Number
N/A
Date
Supersedes
530 FW 1, 12/31/1996, FWM 307
Originating Office
Division of International Conservation

1.1 What is the purpose of this chapter? This chapter:

A. Describes general Service activities related to international functions, and

B. Defines authorities for and responsibilities of those involved with international activities.

1.2. What is the scope of this chapter? This chapter contains general information about our international functions, activities, and responsibilities. Other chapters in this part contain more detailed information about various aspects of international activities and support functions.

1.3 What are the authorities for this and the other chapters in Part 530?

A. Specific Service Authorities (see 530 FW 2 for detailed information on protocols, treaties, and conventions):

(1) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544 87 Stat. 884), as amended.

     (a) Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) (27 U.S.T.; TIAS 8249).

     (b) Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (5G Stat. 1354).

(2) Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j; 70 Stat. 1119).

(3) Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801-1882; 90 Stat. 331).

(4) Great Lakes Fishery Act of 1956 (16 U.S.C. 931-939c; 70 Stat. 242).

(5) Lacey Act Amendments of 1981(16 U.S.C. 3371-3378; 18 U.S.C. 42).

(6) Marine Mammal Protection Act of 1972 (16 U.S.C. 1361, 1362, 1371-1384, 1401-1407; 86 Stat. 1027).

(7) Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; 40 Stat. 755).

     (a) Convention between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (25 U.S.T. 3329; TIAS 7990).

     (b) Convention between the United States and Great Britain (for Canada) for the Protection of Migratory Birds (39 Stat. 1702; TS 628).

     (c) Convention between the United States of America and the Russian Federation Concerning the Conservation of Migratory Birds and their Environment (TIAS 9073).

     (d) Convention between the United States of America and the United Mexico States for the Protection of Migratory Birds and Game Mammals (50 Stat. 1311; TS 912).

(8) Convention on Wetlands of International Importance Especially as Waterfowl Habitat (I.L.M. 11:963-976).

(9) Pelly Amendment to the Fishermen's Protective Act (22 U.S.C. 1971-1979; 85 Stat. 786).

(10) African Elephant Conservation Act of 1988 (16 U.S.C. 4201-4425; 102 Stat. 2318-2323).

(11) Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.).

(12) Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306; 108 Stat 4094).

(13) Asian Elephant Conservation Act of 1997(16 U.S.C. 4261-4266; 111 Stat. 2150).

(14) Great Ape Conservation Act of 2000(16 U.S.C. 6301-6305; 114 Stat. 1789).

(15) Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6607; 118 Stat. 791).

(16) Neotropical Migratory Bird Conservation Act of 2000 (P.L.106-247).

(17) Foreign Assistance Act (22 U.S.C. 2151p - 2152d, as amended).

B. Other Applicable Authorities:

(1) The Act for International Development of 1961 (P.L. 87-195).

(2) Agriculture Trade and Development and Assistance Act of 1954 (P.L. 83-480).

(3) The United States Information and Educational Exchange Act of 1948(P.L. 80-402).

(4) Agreed Measures for the Conservation of Antarctic Fauna and Flora (P.L. 95-541).

(5) Boundary Waters Treaty Act of 1909 (TS 548; 36 Stat. 2248).

(6) Fur Seal Act of 1966 (P.L. 89-702) and Interim Convention on the Conservation of North Pacific Fur Seals, 1957.

(7) The Arctic Council, 1996.

(8) Agreement for the Conservation of Polar Bears (I.L.M. 13:13-18, 1974).

(9) Agreement between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, 2000 (P.L. 109-479).

(10) Marine Protection, Research and Sanctuaries Act of 1972 (16 U.S.C. 1431-1434, 33 U.S.C. 1401-1444; 86 Stat. 1052).

(11) National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).

(12) Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981-991; 64 Stat. 1067).

(13) International Convention for the Northwest Atlantic Fisheries (1 U.S.T. 477; TIAS 2089).

(14) Tariff Act of 1930 (19 U.S.C. 1202-1527, 46 Stat. 741).

(15) Agreement of Great Lakes Water Quality, 1972.

(16) Convention for the Protection & Development of the Marine Environment of the Wider Caribbean Region, 1983.

(17) Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972 (TIAS 8226).

(18) Executive Order 11987, Exotic Organisms.

(19) Executive Order 12114, Environmental Effects Abroad of Major Federal Actions.

(20) U.S. – Japan Agreement on Cooperation in the Field of Environmental Protection, 1972.

(21) U.S. – Russian Federation Agreement on Cooperation in the Field of Protection of the Environment and Natural Resources, 1994.

(22) The Protocol on Cooperation and Exchanges in the Field of Conservation of Nature between the Department of the Interior of the United States of America and the State Forestry Administration of the People’s Republic of China,1986.

(23) Agreement on Technical Cooperation in Conservation of Flora and Fauna between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States, 1995.

(24) The Canada/Mexico/US Trilateral Committee for Wildlife and Ecosystem Conservation & Management,1996.

(25) The North American Free Trade Agreement,1994.

(26) The Central America - Dominican Republic – United States Free Trade Agreement,2004.

1.4 Who is responsible for international activities?

A. The Director provides overall coordination for Service international activities.

B. The Assistant Director - International Affairs (AIA) is the primary Service official for coordinating international activities and is responsible for:

(1) Overseeing the implementation of statutes, treaties, conventions, bilateral and multilateral agreements, executive orders, and foreign policy associated with wildlife or plant resources where we have responsibility and authority.

(2) Providing advice and guidance to the Department of the Interior, the Department of State, U.S. Trade Representative, the Office of Management and Budget, and other Federal agencies on the development of treaties, statutes, conventions, agreements, and executive orders that contain provisions or ramifications for fish, wildlife, wild plant, or wild lands resources on the international level.

(3) Coordinating a global program for managing and conserving biological diversity, including, but not limited to:

     (a) Development and implementation of training, education, and management projects;

     (b) Administration of U.S. involvement in international efforts to regulate wildlife trade on a sustainable basis;

     (c) Environmental education projects;

     (d) Technical assistance and technology exchanges; and

     (e) Institutional development.

(4) Overseeing development of species listing proposals and implementation of conservation programs for foreign species listed under the Endangered Species Act and CITES.

(5) Advising the Director and other personnel on effective and efficient methods for performing our responsibilities under international treaties and conventions.

(6) Informing the Directorate and other personnel of international or U.S. policy activities affecting our international programs.

(7) Coordinating our membership and participation in activities with the World Conservation Union (IUCN), CITES, the Convention on Wetlands of International Importance, and other meetings or conventions associated with international agreements (also see 530 FW 2).

C. Assistant Directors:

(1) Coordinate and implement many of our international agreement responsibilities, including such activities as:

     (a) Migratory bird management;

     (b) Restoration and conservation of anadromous fishery resources;

     (c) Introduction of exotic species;

     (d) Inspection of wildlife shipments at U.S. ports;

     (e) Enforcement of trade restrictions and regulations;

     (f) Implementation of conventions, such as those dealing with migratory birds and wildlife trade;

     (g) Boundary water issues; and

     (h) Continental waterfowl habitat restoration.

(2) Provide expertise and technical assistance in international fish, wildlife, plant, and habitat matters in support of their own programs and Servicewide international activities, particularly those in the border regions of Canada, Mexico, and the Arctic.

D. Regional Directors:

(1) Coordinate and implement many of our international activities and international agreement responsibilities, including such activities as:

     (a) Migratory bird surveys in Canada and Mexico, and

     (b) Shared and migratory species conservation globally.

(2) Provide expertise and technical assistance in international fish, wildlife, plant, and habitat matters in support of their own programs and Servicewide international activities, particularly those in the border regions of Canada, Mexico, and the Arctic. In general, these activities are restricted to common border regions, even though they are components of programs that are national or international in scope.

E. The Chief, Division of International Conservation:

(1) Develops programs and provides training and technical assistance in fish, wildlife, wild plant, and wild lands resource conservation in collaboration with other countries and international organizations, primarily through competitive Federal assistance to these entities; and

(2) Provides coordination, policy guidance, and support to Service offices and programs for international activities.

F. The Chief, Division of Management Authority coordinates U.S. implementation of management responsibilities for CITES and other U.S. authorities that regulate wildlife trade including, but not limited to:

(1) The Endangered Species Act,

(2) The Lacey Act,

(3) Marine Mammal Protection Act,

(4) Wild Bird Conservation Act,

(5) African Elephant Conservation Act, and

(6) Rhinoceros and Tiger Conservation Act.

G. The Chief, Division of Scientific Authority:

(1) Develops listing proposals for and implements foreign species listings under the Endangered Species Act and consideration by the Conference of the Parties under CITES; and

(2) Provides advice to the Chief, Division of Management Authority on permit applications under CITES.

H. The Administrative Unit supports the AIA with advice and recommendations for all administrative activities such as:

(1) Domestic and foreign temporary duty travel,

(2) Processing of personnel actions, and

(3) Processing of financial transactions.

I. Biologists and Program Managers from all program areas within the international affairs program conduct activities, including but not limited to:

(1) Processing permit applications,

(2) Conducting scientific research,

(3) Providing regulatory guidance,

(4) Processing grants,

(5) Developing policy,

(6) Drafting regulations, and

(7) Communicating and coordinating with foreign governments.