[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44459-44461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18013]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-IA-2014-N156; FXIA16710900000-145-FF09A30000]
Notice of Suspension of Imports of Zimbabwe Elephant Trophies
Taken in 2014 on or After April 4, 2014
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: On July 17, 2014, the U.S. Fish and Wildlife Service (Service)
made a determination that the import of sport-hunted African elephant
trophies taken in Zimbabwe on or after April 4, 2014, until December
31, 2014, would be suspended. The decision to suspend importation of
African elephant trophies taken in Zimbabwe was due to the Service
being unable 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 in the wild. Due to technical revisions needed
to address an editorial error and to reflect consideration of ETIS data
from the 16th Meeting of the Conference of Parties to CITES
unintentionally left out of the July 17 finding document, the July 17
document was revised on July 22. These technical revisions did not
alter the analysis or decision announced in the July 17 finding. This
2014 determination supersedes the interim suspension published in the
Federal Register on May 12, 2014.
ADDRESSES: Timothy J. Van Norman, Chief, Branch of Permits, Division of
Management Authority, U.S. Fish and Wildlife Service, MS: IA, 5275
Leesburg Pike, Falls Church, VA 22041-3803; 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: 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. Under paragraph 17.40(e)(3)(iii)(C),
in order for the 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 would enhance the survival of the
species in the wild (an ``enhancement finding'').
Zimbabwe has had an active elephant hunting program for over 20
years, and imports 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) (South Africa's population was downlisted at a later
[[Page 44460]]
date). When the population was downlisted, the Service published a
Federal Register notice that acknowledged that, because Zimbabwe's
elephants were an Appendix-II population, no U.S. import permit would
be required to import trophies, but 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; August 22, 1997). In that
Federal Register notice, we stated that, in making the required
enhancement finding for the 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 that
the program was promoting the conservation of the species. The Federal
Register also noted 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 were no longer met, the Service explained that it
would publish a notice in the Federal Register of any change.
On April 4, 2014, the Service announced an interim suspension of
imports of sport-hunted elephant trophies taken in Zimbabwe during the
2014 season. This finding was revised on April 17, 2014, primarily to
clarify that the suspension applied only to elephants hunted on or
after April 4, 2014. This determination was announced in the Federal
Register on May 12, 2014 (79 FR 26986). The decision to establish an
interim suspension of imports of elephant trophies from Zimbabwe was
due to the Service having insufficient information on the status of
elephants in Zimbabwe as well as Zimbabwe's current elephant management
program to make an enhancement finding.
Although African elephant conservation issues have received
significant attention within CITES over the last 10 or more years, the
Service has limited information on elephant management programs,
efforts to control poaching, and the effects of legal hunting in
Zimbabwe. While the Service was aware of a 1997 national elephant
management plan, we were not aware of any updates to the plan, or
whether an adaptive management approach had been taken in implementing
the plan. In 2007, the Service sent a letter to the Parks and Wildlife
Management Authority of Zimbabwe (ZPWMA) requesting additional
information. While we did receive some information at that time, we had
not received any additional updates directly from Zimbabwe since then.
Service representatives met in person with representatives from
Zimbabwe at various times in the past 6 years, but again, little new or
additional information was obtained. As stated, because African
elephants have received a significant level of attention from the CITES
Parties (member nations), including the United States, the Service had
received information on African elephants in Zimbabwe from documents
produced for CITES meetings or for other CITES-related activities.
However, this information was focused more on the ivory trade and
poaching, with less about regulatory mechanisms in place that would
allow for appropriate management (including sport hunting) of
elephants, sustainable utilization of elephants, and how elephant
management is integrated into human communities to reduce human-
elephant conflicts and support elephant populations.
On April 4, 2014, the Service sent a letter to Zimbabwe with a
number of questions regarding the status of elephants in Zimbabwe and
the hunting program. On April 17, 2014, the Director-General of ZPWMA
sent a response (herein referred to as ZPWMA response) to the Service
inquiry. Several weeks later, the Service received a number of
documents, copies of Zimbabwean laws, and other supporting
documentation that was referenced in the ZPWMA response. In addition,
on June 6, 2014, the Service received additional supporting information
from a U.S.-based conservation and hunting non-governmental
organization (NGO). The Service has also received a number of comments
from individuals and associations connected to the hunting industry in
Zimbabwe or southern Africa.
Zimbabwe's current national elephant management plan consists of
primarily two documents: The Policy and Plan for Elephant Management in
Zimbabwe (1997) and Elephant Management in Zimbabwe, third edition
(July 1996). Although the documents provide a well-developed list of
goals and objectives, there is no information in these documents on how
to achieve or fulfill these goals and objectives, nor do there appear
to be any subsequent updates of the documents or reports that provide
any indication of progress on fulfilling these management goals and
objectives. Without management plans with specific goals and actions
that are measurable and reports on the progress of meeting these goals,
the Service cannot determine if ZPWMA is implementing the well-
articulated, but general, goals and objectives that appear in Elephant
Management in Zimbabwe and The Policy and Plan for Elephant Management
in Zimbabwe. Overall, ZPWMA did not provide, and the Service otherwise
does not have, any information indicating that Zimbabwe is
implementing, on a national scale, appropriate management measures for
its elephant populations.
According to the IUCN SSC African Elephant Database report 2013
Africa, the elephant population in Zimbabwe in 2007 was 99,107, of
which 85 percent (84,416) was classified as ``definite'' and only 0.3
percent (291) was classified as ``speculative.'' While the total
population in 2012 was estimated at 100,291, only 47 percent (47,366)
was classified as ``definite'' and 45 percent (45,375) were classified
as ``speculative.'' According to this report, half of the population
estimates included in 2012 is older than 10 years, resulting in a
degradation of the quality of data. Very few new surveys have been
conducted since 2007, and of those conducted, they only covered a small
percentage of the overall population. While the Zimbabwe government
continues to state that elephant population estimates exceed 100,000
elephants, this number is clearly based on outdated information.
Without current population estimates and a better understanding of
the offtake from other sources, such as poaching, culling, and problem
animal control, it is not possible for the Service to determine if the
total offtake exceeds recommendations made in Zimbabwe's management
document, Elephant Management in Zimbabwe, that no more than 0.75
percent of all males in the population should be removed annually. With
the reliability of current population estimates, it is not possible to
evaluate if the current export quota of 500 elephants should be
adjusted. There is currently a multi-national effort, the Pan African
Elephant Aerial Survey, to conduct aerial surveys across most of the
African elephant's range in 2014, including Zimbabwe. The survey will
provide a more definitive estimate of Zimbabwe's population, along with
a more robust carcass ratio (number of carcasses observed compared to
the number of live elephants counted). In conjunction with data that
will come from efforts carried out under the CITES' project, Monitoring
the Illegal Killing of Elephants, a better understanding of the
population dynamics within Zimbabwe can be developed. However, to
provide accurate estimates, the Pan African Elephant Aerial Survey
would have to be conducted using standardized survey
[[Page 44461]]
protocols that incorporate modern technological improvements, including
the use of the latest technological advancements such as voice-data
recordings and geo-referenced digital photographs of all elephant and
carcass sightings.
The Zimbabwean Parks and Wild Life Act has established the
regulatory mechanism for the ZPWMA and its programs, and also provides
for substantial penalties for the unlawful possession of or trading in
ivory. In addition, the General Laws Amendment Act (No. 5) of 2010
provides for mandatory imprisonment of not less than 9 years for
poaching. If properly enforced, it appears these penalties would be a
sufficient deterrent for poachers. However, based on the information
the Service currently has, we do not have a good understanding of the
ZPWMA's annual operational budget, how much money is generated by
elephant hunting, or how these funds (or the lack of these funds)
impacts the ability of ZPWMA to adequately implement the Parks and Wild
Life Act or to carry out day-to-day management activities or anti-
poaching efforts. In January 1996, the Government of Zimbabwe approved
the establishment of the Parks and Wild Life Conservation Fund, a
statutory fund responsible for financing operations directly from
wildlife revenues. However, revenues generated through sport hunting
conducted on State and private lands are primarily used to finance
ZPWMA, and only limited additional funding is available from
appropriated funds from the Zimbabwe government or outside funding from
NGOs. A 2002 Panel of Experts, formed in connection with CITES, raised
concerns as to the status of ZPWMA relating to its weak financial base,
lack of management skills, inadequate and old equipment, and poor
infrastructure. No new information relevant to these concerns was
provided by ZPWMA or other sources as a result of the Service's April 4
inquiry. We have no current information as to the funding level of
ZPWMA or any indication that the financial base, management skills,
equipment, or infrastructure have improved.
According to information provided to the Service, Zimbabwe has
methodology, including participation from a number of stakeholders, for
establishing annual hunting quotas for all areas of the country. While
the methodology is based on sound wildlife management principles used
globally, the Service did not receive specific information on how these
quotas are established, whether other forms of offtake, such as
poaching and problem animal control, were taken into account, or to
what degree biological factors are taken into consideration (as opposed
to economic and societal considerations). The current quota-setting
process utilized by ZPWMA may actually be a very effective system that
takes into consideration all of these issues; however, without
documentation of the system, the Service cannot determine if sport-
hunting quotas are reasonable or beneficial to elephant populations
and, therefore, whether sport hunting is enhancing the survival of the
species.
In 1989, Zimbabwe established the Communal Areas Management
Programme for Indigenous Resources (CAMPFIRE) to encourage reduction in
human-elephant conflicts through conservation-based community
development and to provide an economic incentive to improve community
tolerance of wildlife, including elephants. The CAMPFIRE program has
been the model for community-based conservation efforts in several
other African countries and has been identified as an innovative
program in the past. However, the CAMPFIRE program has come under
criticism relating to excessive retention of generated funds by
district councils, which resulted in diminished benefits being realized
by the communities it was designed to help. Information supplied by the
CAMPFIRE Association to the CITES Panel of Experts in 2002 indicates
that this situation may be improving. The information that was provided
to the Service does not, however, support or refute this statement.
Under a community-based conservation program, like CAMPFIRE, rural
communities should benefit from revenue generated by sport hunting.
With increased human-elephant conflicts on Communal lands, sport
hunting may be an important tool that gives these communities a stake
in sustainable management of the elephant as a natural and economic
resource and provides the enhancement that would meet the U.S. criteria
for authorizing imports of trophies. However, without current
information on how funds are utilized and the basis for hunting
offtake, the Service is unable to confirm this assumption.
It should be stated, however, that there are clearly ``bright
spots'' of elephant conservation efforts being carried out by non-
governmental entities and individuals scattered around Zimbabwe that
are providing a benefit to elephants. Individual safari outfitters and
landowners have established their own management efforts, including
anti-poaching activities, on areas under their control, either through
ownership of the land or leases. These entities have made significant
strides to ensure the long-term survival of elephants on their lands.
These efforts, however, can and have been adversely affected by
unilateral or seemingly arbitrary actions taken by the Central
government or Rural District Councils, such as past land redistribution
activities, that minimizes their conservation efforts. These ``bright
spots'' are not numerous enough, in and of themselves, to overcome the
problems currently facing Zimbabwe elephant populations or to support a
finding that sport hunting throughout Zimbabwe would enhance the
survival of the species.
Without current data on population numbers and trends, government
efforts to manage elephant populations, efforts to address human-
elephant conflicts and poaching, and the state of the hunting program
within the country, the Service is unable to make a finding that sport
hunting in Zimbabwe is enhancing the survival of the species and that
imports of trophies would meet the criteria established under the ESA
for African elephants. The July 17, 2014 enhancement finding
(subsequently revised on July 22 to correct technical errors) has been
posted at http://www.fws.gov/international/pdf/enhancement-finding-July-2014-elephant-Zimbabwe.PDF. In addition, the press release
announcing the suspension and frequently asked questions is available
on the Service's Web page (www.fws.gov/international).
This suspension does not prohibit U.S. hunters from traveling to
Zimbabwe and participating in an elephant hunt. The ESA does not
prohibit take (e.g., hunting) outside the United States; it only
prohibits import of trophies taken during such hunts without
authorization under the ESA. Therefore, it is also possible that
hunters who hunt in Zimbabwe on or after April 4, 2014, could import
their trophies at a later date if the Service can determine in the
future that such imports meet the criteria under the ESA.
Further, this decision does not affect elephants taken in Zimbabwe
prior to the Service's April 4, 2014, decision. Elephants hunted in
previous hunting seasons are also still eligible to be imported,
provided all CITES and import regulations are met.
Dated: July 24, 2014.
Brenda Tapia,
Program Analyst/Data Administrator, Branch of Permits, Division of
Management Authority.
[FR Doc. 2014-18013 Filed 7-30-14; 8:45 am]
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