Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25867

List of Subjects in 47 CFR Part 73 CITES Universal Tagging System on June 2, 1970 (35 FR 8495). (At the Television broadcasting, Digital Resolution for crocodilian skins time of the original listing, Peru was television broadcasting. (adopted at the ninth meeting of the incorrectly listed as one of the range Conference of the Parties) as well as countries, whereas Paraguay was Federal Communications Commission. provisions intended to support excluded. In this final rule, we correct Magalie Roman Salas, sustainable management of wild that situation.) On July 1, 1975, it was Secretary. populations of the above three caiman also placed in Appendix II of the [FR Doc. 00–11099 Filed 5–3–00; 8:45 am] species/subspecies. In the case where Convention on International Trade in BILLING CODE 6712±01±P tagged caiman skins and other parts are Endangered Species of Wild Fauna and exported to another country, usually for Flora—CITES (42 FR 10465). (The tanning and manufacturing purposes, species has never been listed in CITES DEPARTMENT OF THE INTERIOR and the processed skins and finished Appendix I, which prohibits products are exported to the United international trade in the species if such Fish and Wildlife Service States, the rule prohibits importation or activity is conducted for primarily re-exportation of such skins, parts, and commercial purposes and/or 50 CFR Part 17 products if we determine that either the determined to be detrimental to the RIN 1018±AD67 country of origin or re-export is survival of the species.) The endangered engaging in practices that are listing under the Act prohibited imports Endangered and Threatened Wildlife detrimental to the conservation of and re-exports of the species into/from and Plants; Reclassification of Yacare caiman populations. the United States. However, the Caiman in South America From The purpose of this rule is threefold. Appendix II listing allows for regulated Endangered to Threatened, and the First, the rule accurately reflects the commercial trade elsewhere in the Listing of Two Other Caiman Species conservation status of the yacare world, based on certain findings. As a as Threatened by Reason of Similarity caiman. Second, we wish to promote the result, a substantial U.S. law of Appearance conservation of the yacare caiman by enforcement problem has occurred ensuring proper management of the because of the different listing status AGENCY: Fish and Wildlife Service, commercially harvested caiman species under the Act and under CITES. Imports Interior. in the range countries and, through and re-exports of yacare caiman into/ ACTION: Final rule. implementation of trade controls (as from the United States without an ESA described in the CITES Universal SUMMARY: The U.S. Fish and Wildlife permit are prohibited under the Act, Service (Service) is reclassifying the Tagging System Resolution), to reduce including shipments originating from yacare caiman (Caiman yacare; also commingling of caiman specimens. countries of origin with valid CITES known as Caiman crocodilus yacare) Third, downlisting of C. yacare to export documents. However, imports from its present endangered status to threatened reconciles listings of the and re-exports of products from the threatened status under the Endangered species in the Act and CITES. common and brown caimans are legal, Species Act because the current EFFECTIVE DATE: This final rule is when accompanied by appropriate endangered listing does not correctly effective on June 5, 2000. CITES documents. Since products reflect the present status of this species. ADDRESSES: The complete file for this manufactured from the yacare caiman, The Service also is listing the common rule is available for public inspection by common caiman, and the brown caiman caiman (Caiman crocodilus crocodilus) appointment, from 8:00 a.m. to 4:30 are often indistinguishable as to species and the brown caiman (Caiman p.m., Monday through Friday, at the from which they are made, products crocodilus fuscus) as threatened by Office of Scientific Authority, 4401 N. from the prohibited yacare caiman are reason of similarity of appearance. Fairfax Dr., Room 750, Arlington, often commingled with products from Caiman yacare is native to Argentina, Virginia. non-prohibited taxa among commercial shipments into the United States. The Brazil, Paraguay, and Bolivia. Caiman FOR FURTHER INFORMATION CONTACT: Dr. crocodilus crocodilus and C. c. fuscus unauthorized entry of prohibited yacare Javier Alvarez, Office of Scientific caiman products constitutes a violation occur in Mexico and Central and South Authority, U.S. Fish and Wildlife America. All three taxa are listed in of the Act, and if the yacare is legally Service, Mail Stop ARLSQ–750, protected in individual range countries, Appendix II of the Convention on Washington, DC 20240 (phone: 703– International Trade in Endangered then Lacey Act violations may also have 358–1708; fax: 703–358–2276; e-mail: occurred. Species of Wild Fauna and Flora [email protected]). (CITES), which allows for international Until relatively recently, Argentina, commercial trade in these species. SUPPLEMENTARY INFORMATION: Bolivia, Brazil, and Paraguay prohibited Listing the two taxa as threatened by Note: Portions of the original proposed rule the export of caiman products (Brazaitis reason of similarity of appearance will were re-written to conform to the new in comments on the October 29, 1990, assist in protecting the yacare caiman by Federal policy on the use of ‘‘plain English’’ Federal Register notice [55 FR 43389]). in Federal documents. However, the original However, CITES Notification to the facilitating wildlife inspections of intent of the text remains the same. Text in shipments at the ports of entry and the proposed rule has also been amended in Parties No. 781, issued on March 10, detection of illegal shipments. this final rule in response to comments 1994, indicated that Brazil’s CITES A special rule for these three caiman submitted by the public (see ‘‘Comments Management Authority had registered populations allows U.S. commerce in Received’’ below) and to coincide with the 75 ranching operations for producing their skins, other parts, and products CITES Universal Tagging System Resolution. skins of C. c. crocodilus and C. yacare. from individual countries of origin and These ranching operations were countries of re-export if certain Background established under provisions of Article conditions are satisfied by those The yacare caiman was listed as 6 B of Brazilian Wildlife Law No. 5.197, countries prior to exportation to the endangered throughout its entire range of November 3, 1967. Caiman yacare United States. These conditions largely under the predecessor of the from these Brazilian ranches were being pertain to the implementation of a Endangered Species Act (Act) of 1973 legally traded in the international

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 25868 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations marketplace, except into the United crocodilus crocodilus, or C. c. fuscus interpretation that ‘‘Caiman yacare, C. c. States. Paraguay and Bolivia have also specimens from intermediary countries crocodilus, and C. c. chiapasius expressed an interest in the legal that do not properly control trade in (probably C. c. fuscus) are each international marketing of C. yacare crocodilian skins, other parts, and phylogenetic species, as per the criteria skins, and restricted legal hunts are products. of Davis and Nixon (1992)’’ (Brazaitis et currently allowed (see below). This rule reclassifies the yacare al. 1997a, Brazaitis et al. 1997b). The U.S. Fish and Wildlife Service caiman (Caiman yacare = C. crocodilus However, recent work by Busack and (Service) recognizes that substantial yacare) from endangered to threatened Pandya (1996) suggests that C. c. populations of crocodilians that are status under the Act and lists two crocodilus and C. c. fuscus comprise a managed as a sustainable resource can additional taxa, the common caiman (C. single genetic population at the be utilized for commercial purposes c. crocodilus) and the brown caiman (C. subspecies level, while confirming that while not adversely affecting the c. fuscus including C. crocodilus the yacare caiman is a distinct survival of individual populations of the chiapasius), as threatened by reason of subspecies, C. c. yacare. Currently, no species, when scientifically based similarity of appearance. When traded biochemical evidence indicates that management plans are implemented. as skin pieces and products, the yacare recognizable subgroups of C. yacare When certain positive conservation caiman is similar in appearance to the occur within its distributional limits in conditions have been met, the Service common caiman and the brown caiman, the river systems of Argentina, Bolivia, has acted to allow utilization and trade which are listed as CITES Appendix II Brazil, or Paraguay (Brazaitis et al. from managed populations of the species but are not listed in the Act. 1993), and, therefore, no such subgroups American alligator (Alligator Other caiman species will be retained as are recognized in this rule. mississippiensis), the importation of endangered under the Act, including the commercial shipments of Nile crocodile black caiman (Melanosuchus niger) and Comments Received (Crocodylus niloticus) from several the broad-snouted caiman (Caiman On March 15, 1988, the Service southern and eastern African countries, latirostris). This rule does not affect the received a petition from Mr. Armand S. and similar shipments of saltwater endangered or threatened status, under Bennett, President of Columbia Impex crocodile (Crocodylus porosus) the Act, of any other crocodilian species Corporation, requesting the specimens from Australia (61 FR 32356; in the Western Hemisphere. reclassification of the yacare caiman June 24, 1996). The CITES Parties The original listing for the yacare from endangered to threatened status. reviewed management activities prior to caiman (under the provisions of the The Service reviewed the petition and transferring certain populations from Endangered Species Conservation Act of concluded that it did not present CITES Appendix I to Appendix II 1969) was C. yacare, which is the sufficient scientific or commercial (thereby allowing commercial trade) and presently accepted taxonomic name for information to indicate that a included assessments of population the species (King and Burke 1989) and reclassification was warranted (55 FR status, determination of sustainable the name used throughout this rule. 43387, published October 29, 1990). harvest quotas (or approval of ranching Some authors treat the taxon as a However, the Service, in the October 29, programs), and the control of the illegal subspecies, C. c. yacare, and this is the 1990, Federal Register notice, also harvest. Management regulations taxonomic name presently included in solicited relevant data, comments, and imposed after harvest included the the List of Endangered and Threatened publications dealing with the current tagging of skins and issuance of permits Wildlife (50 CFR part 17.11). King status and distribution, biological to satisfy the requirements for CITES believes (in litt.) that C. yacare should information, and conservation measures Appendix II species. be considered biologically as a pertaining to the yacare caiman. The This final rule and its accompanying subspecies or at the end of a Service also requested comments about special rule allow U.S. commerce in morphological cline, but indicates that, the advisability and necessity of treating skins, other parts, and products from nomenclaturally, it is recognized as a the subspecies C. c. crocodilus and C. c. Caiman yacare, Caiman crocodilus full species. A recent study, including fuscus as endangered or threatened due crocodilus, and C. c. fuscus into the an analysis of mitochondrial DNA to similarity of appearance to the listed United States. These three Caiman variation, indicates that the C. yacare of C. yacare. Based on the information populations are widespread in Mexico Argentina, Bolivia, Brazil, and Paraguay received in response to the Federal and Central and South America, and comprise a single taxonomic unit with Register notice and other available have high reproductive potential substantial genetic, morphological, and information, the Service published on (Thorbjarnarson 1992, Thorbjarnarson zoogeographical similarities (Brazaitis et September 23, 1998, a proposed rule for 1994). In fact, they have survived in al. 1993). Those authors indicate that C. the reclassification of the yacare caiman spite of substantial legal and illegal yacare populations are effectively from endangered to threatened, with a ˜ harvests in the past (Mourao et al. 1996, separated from C. c. crocodilus special rule allowing U.S. commerce in Da Silveria and Thorbjarnarson 1999). populations by mountains and skins, other parts, and products of this As in the case of the final rules highlands that limit nesting habitat and species. The Service also proposed involving Alligator mississippiensis, the migration of individual animals listing the common caiman (C. c. Crocodylus niloticus, and Crocodylus between southern and northern river crocodilus) and the brown caiman (C. c. porosus (50 CFR part 17), this final rule systems. Caiman yacare, C. c. fuscus) as threatened by reason of will allow commerce in Caiman yacare, crocodilus, and C. c. fuscus are similarity of appearance. Caiman c. crocodilus, and C. c. fuscus considered, on the basis of their DNA We received a total of 26 comments in into the United States only from range sequences, to be distinct populations of response to the September 23, 1998, countries that regulate the legal harvest a widespread and related taxon (Amato proposed rule: 6 were from crocodilian and control illegal trade of these three 1992) with C. yacare apparently having experts, 11 from foreign governments populations, so as to ensure that they greater genetic differences from C. c. and institutions (Argentina, Bolivia, are being sustained at biologically crocodilus than C. c. crocodilus has in Brazil, Colombia, Paraguay, and sound levels. Furthermore, the Service relationship to C. c. fuscus (Brazaitis et Singapore), 1 from a State government does not intend to allow importation or al. 1993). Additional DNA analyses by (Louisiana), 6 from the crocodile trade re-exportation of Caiman yacare, C. Brazaitis and others support the industry (2 based in the United States

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25869 and 4 foreign), and 2 from non- History; Museo de Historia Natural, is appropriate (See ‘‘Summary of Factors ´ ´ governmental organizations (World Universidad Autonoma Gabriel Rene Affecting Caiman yacare’’ below). Wildlife Fund and The Humane Society Moreno—Museum of Natural History, Comments: Mr. Ted Joanen, Mr. Peter ´ of the United States). Gabriel Rene Moreno Autonomous Brazaitis, the Department of Wildlife In summary, the majority of foreign University), Brazil (Instituto Brasileiro and Fisheries of Louisiana, and The government correspondents (Argentina, de Meio Ambiente e dos Recursos Humane Society of the United States Bolivia, Brazil, and Colombia) and Naturais Renovaveis—Institute of the opposed the proposed special rule World Wildlife Fund supported the Environment and Renewable Natural allowing U.S. commerce in skins, parts, downlisting of yacare caiman. Likewise, Resources; and Brazilian Embassy in and products of yacare caiman because five of the six correspondents from the Washington, DC), and Colombia of concerns about current management crocodile trade industry in the United (Ministerio del Medio Ambiente— of the species in some range countries. States (Columbia Impex Corporation, Ministry of the Environment) They argued that some range countries Florida) and overseas (Tecno—Caiman commented that yacare caiman is lack protected habitats, long-term Ltd., Argentina; Cooperative of Caiman abundant or has recovered in their monitoring programs, effective national Breeders from the Pantanal of Mato respective countries, and, therefore, legislation, or effective national law Grosso, Brazil; Colombian Association supported the proposed downlisting of enforcement to prevent uncontrolled of Animal Ranchers; and Singapore yacare caiman. Argentina supports harvest of the species. Reptile Skin Trade Association) downlisting of C. yacare, even though it To address those concerns, Mr. Joanen supported the proposed downlisting. bans export of the species. All four and Dr. John Perran Ross suggested that However, the Humane Society of the countries (three of which are yacare importation of C. yacare specimens from United States opposed it. The caiman range countries) believe that the individual range countries not be Government of Paraguay considered that opening of commerce in C. yacare allowed until these countries provide the original listing of yacare caiman as products, through a special rule the Service with detailed written endangered was unwarranted, and, allowing commercial importation and descriptions of their respective therefore, commented that the species re-exportation of yacare caiman management plans, regulations, and should be removed form the Act. specimens into/from the United States, ongoing studies for the species, as was Comments from various crocodilian will provide an economic incentive for requested in previous rules involving experts, including five members of The the protection of the species throughout Australian saltwater crocodile, World Conservation Union/Species its range. American alligator, and Nile crocodile. Survival Commission (IUCN/SSC) Likewise, the National Museum of Prof. F. Wayne King, Dr. James Perran Crocodile Specialist Group (CSG), were Natural History of Bolivia recommended Ross, and Mr. Tomas Waller (all mixed. Dr. James Perran Ross (CSG amending the special rule, so as to members of CSG) also considered the Executive Officer), Mr. Alejandro require that all skins allowed for import yacare caiman to be abundant Larriera (CSG Regional Vice Chairman into the United States originate from throughout most of its range. for Latin America and Caribbean), and populations under a sustainable use Furthermore, they argued that enough Mr. Tomas Waller (CSG member from management plan, such as the one national and international regulatory Argentina), supported the proposed developed in Bolivia. Bolivia believes and management mechanisms (such as downlisting of yacare caiman to that this requirement will prevent the threatened. Mr. Ted Joanen (CSG Vice CITES) are in place in the range sale of illegally hunted crocodilian skins Chairman for North America) and Mr. countries, so that illegal harvest no that are seized by government agencies, Peter Brazaitis (Forensic Specialist in longer constitutes a major threat to the but legalized through government- Herpetology) opposed the proposed species. sponsored auctions. downlisting, whereas Prof. F. Wayne Finally, based on recent field surveys, Response: We note that enforcement King (CSG Deputy Chairman) World Wildlife Fund also did not of domestic regulations pertaining to considered that the original listing of consider C. yacare to be threatened. harvest of wild yacare caimans is a yacare caiman as endangered was Furthermore, they recognized that the domestic issue. No government or unwarranted. The Department of proposed downlisting and special rule agency provides perfect management, Wildlife and Fisheries of Louisiana will help reconcile listings of yacare but many governments and agencies partially supported the proposed caiman in the Act and CITES. provide sufficient management to downlisting. Response: We continue to believe that permit sustainable use of certain Comments: The Governments of the downlisting of yacare caiman from individual species. A reasonable ´ Argentina (Secretarıa de Recursos endangered to threatened, with a special standard for the Service to use to Naturales y Desarrollo Sustentable— rule allowing U.S. commerce in caiman determine sufficiency of a wildlife Secretary of Natural Resources and skins, other parts, and products, is management program in any country is Sustainable Development), Bolivia warranted (See ‘‘Summary of Factors to compare management of a foreign (Vice-Ministerio de Medio Ambiente, Affecting Caiman yacare’’ below). species with management in the United Recursos Naturales y Desarrollo Comment: Prof. F. Wayne King, Dr. States. In the United States, poaching of Forestal, Ministerio de Desarrollo John Perran Ross, and the Government ´ white-tailed deer still occurs, despite Sostenible y Planificacion—Vice- of Paraguay (Ministry of Agriculture and strict State laws regulating hunting of Ministry of the Environment, Natural Cattle Ranching) considered C. yacare to the species. However, State enforcement Resources and Forestry Development, be abundant enough in the wild to of deer hunting laws is sufficient to Ministry of Sustainable Development prompt its complete removal from the continue allowing sustainable harvest of and Planning; Unidad de Recursos Act. the species. Naturales y Medio Ambiente, Prefectura Response: Although wild populations Similarly, although all range countries y Comandancia General del Beni— of yacare caiman have recovered in of yacare caiman regulate the harvest of Natural Resources and Environment portions of the species’ range, we note the species, they are not always capable Unit, Government of the Department of that some populations have not fully of enforcing such regulations, Beni; Museo Nacional de Historia recovered, and, therefore, we continue particularly in isolated areas. Although Nacional—National Museum of Natural to believe the threatened classification we acknowledge that illegal hunting of

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 25870 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations yacare caiman for local trade still occurs monitor the status of yacare caiman in Response: We agree that any decision in many of the species’ range countries, the wild, as required under the Act. regarding possible U.S. unilateral international illegal trade in crocodilian Therefore, we have added language in prohibition of yacare caiman imports or skins has been reduced significantly this final rule requesting that the range re-exports from countries not in since the adoption by CITES Parties of countries of C. yacare (Argentina, compliance with the CITES Universal Resolution Conf. 9.22 on the Universal Bolivia, Brazil, Paraguay) provide to the Tagging System Resolution should be Tagging System Resolution for Service every 2 years current based on the best available information. crocodilians in November 1994 (see information on the status of these taxa As recommended by Dr. Ross, we intend ‘‘Inadequacy of existing regulatory in their countries (see ‘‘The Monitoring to consult with experts within and mechanisms’’ below). Given that all four of Yacare Caiman’’ below). We will also outside our agency (such as the range countries (Argentina, Bolivia, monitor trade in the species by Service’s National Fish and Wildlife Brazil, and Paraguay) are CITES Parties, requesting import and export data on C. Forensics Laboratory, university and we believe that international trade in yacare from the World Conservation natural history museum researchers, yacare caiman is adequately regulated to Monitoring Centre (WCMC), a repository and IUCN Crocodile Specialist Group), allow commercial importation and re- of the annual CITES reports prepared the Management and Scientific exportation of yacare caiman into/from and submitted to the Secretariat by Authorities of other countries, and any the United States. CITES Parties. other qualified persons prior to making Furthermore, C. yacare and other Comments: Mr. Alejandro Larriera a final determination related to the species of caiman appear to be resilient and the Colombian Association of possible prohibition of yacare caiman to hunting. In Brazil, the impact of Animal Ranchers (AZOOCOL) imports from any country. hunting on caiman populations is supported the right of the United States Comments: Mr. Ted Joanen and Mr. reduced by strong bias for males among to prohibit imports from countries not Peter Brazaitis expressed concern about ˜ hunted animals (Mourao et al. 1996, Da in compliance with the CITES Universal implementation of the proposed rule by Silveria and Thorbjarnarson 1999). In C. Tagging System Resolution or engaging the Service, particularly since most yacare and C. crocodilus, this bias is in practices detrimental to the survival caiman skins imported into the United largely due to the fact that hunters target of the species. However, the Singapore States arrive in the form of mostly the largest animals, which are Reptile Skin Trade Association manufactured products, which are not almost exclusively males. In the case of expressed concerns about unilateral marked, and, therefore, difficult to black caiman (Melanosuchus niger; a U.S. prohibition of crocodilian imports identify. Mr. Brazaitis also commented species listed as endangered in the Act), from countries not in compliance with that Federal regulations do not require male-biased sex ratios among harvested CITES requirements. Columbia Impex tamper-proof identification tags on animals appear to be caused by Corporation also commented that the crocodile skins for importation. preference of adult females for more United States should never have Response: We consider that protected and difficult to reach areas. regulations different than those set by international illegal trade in crocodilian Since a single male can fertilize several other countries. skins has been reduced significantly females, this male-biased harvest is less Response: We note that Article XV of since the adoption of Resolution Conf. likely to have a negative impact on the CITES allows CITES Parties to ‘‘adopt 9.22 (Universal Tagging System reproductive potential of caiman stricter domestic measures’’ regulating Resolution) by CITES Parties. Therefore, populations. Impact of hunting on trade, taking, possession, or transport of requiring that yacare caiman shipments caiman is also reduced by propensity of specimens of any species, regardless of imported into the United States be hunters to concentrate their harvest in whether the species is listed in the accompanied by proper CITES ˜ areas easily accessible (Mourao et al. CITES Appendices or not. For example, documentation, as described in this 1996). some CITES Parties currently prohibit rule, diminishes the likelihood of In anticipation to a possible increase the export of all their native species importing yacare caiman specimens in illegal harvest of yacare caiman, this (Australia) or require permits for the obtained in a manner detrimental to the rule contains language prohibiting export of any of their native wildlife species. Furthermore, by allowing U.S. importation or re-exportation of yacare (Mexico and Brazil), even though many commerce in yacare caiman, we caiman skins, other parts, or products, of the species are not listed in the CITES eliminate the incentive to intentionally if we obtain reliable information Appendices. In the United States, misidentify yacare caiman specimens indicating that the countries of origin or Congress has enacted several laws for for importation into the United States. re-export are engaging in practices that the protection of native and foreign Consequently, we will be able to gather are detrimental to the conservation of wildlife (including the African Elephant more accurate trade data on the species. yacare caiman populations in the wild. Conservation Act, Eagle Protection Act, At this time, the CITES Universal Nevertheless, we agree with the Marine Mammal Protection Act, Tagging System Resolution is codified suggestion made by several Migratory Bird Treat Act, Wild Bird in the Federal regulations just for correspondents of requesting updated Conservation Act, Rhinoceros and Tiger Alligator mississippiensis, Crocodylus information from the yacare caiman Conservation Act, and the Endangered niloticus, and Crocodylus porosus. range countries regarding their Species Act), many of which impose However, we are currently in the respective management plans, stricter restrictions on trade of certain process of updating the U.S. Code of regulations, and ongoing studies for the species compared to CITES. Thus, Federal Regulations to include language species. Maintenance of such adoption of this rule is in no way codifying the CITES Universal Tagging information in our files would permit us contrary to the CITES treaty. System Resolution for all crocodilians and other interested parties to better Comment: Prof. King and Dr. Ross (see Federal Register notice 62 FR understand the measures being taken by expressed concern about unilateral 42093, published on August 5, 1997). In range countries to ensure that harvest of prohibition of yacare caiman imports the meantime, the language contained in yacare caiman is done in a sustainable from countries not in compliance with this rule implements the CITES manner. Furthermore, submission of the CITES Universal Tagging System Universal Tagging System Resolution such information by range countries on Resolution based on ‘‘information from for shipments involving C. yacare, C. a regular basis would allow us to * * * other reliable resources’. crocodilus fuscus, and C. c. crocodilus.

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Comment: The Humane Society of the crocodilus are currently listed in Response: As noted above, Article XV United States supported the listing of C. Appendix II of CITES, a CITES permit of CITES allows for CITES Parties to crocodilus fuscus and C. c. crocodilus as issued by the exporting country is adopt stricter domestic regulations for threatened because of similarity of already required for importation of the protection of wildlife, whether the appearance, as well as the conditions in skins, parts, and products of these two species is listed in the CITES the special rule. However, Strictly subspecies into another country. This Appendices or not. Therefore, adoption Reptiles, Inc., opposed listing of C. c. rule only requires that shipments of this rule is not contrary to CITES. fuscus and C. c. crocodilus because of involving skins and other parts of C. c. Moreover, this 25 percent restriction on similarity of appearance, since it fuscus and C. c. crocodilus be tagged in replacement tags is consistent with the believes that C. yacare, C. c. fuscus, and accordance with the CITES Universal requirements for importation of C. c. crocodilus are easily Tagging System Resolution and saltwater crocodile (Crocodylus distinguishable. Columbia Impex accompanied by valid CITES porosus) and Nile crocodile (Crocodylus Corporation also commented that C. c. documents, as is currently required. niloticus) published in the Federal fuscus and C. c. crocodilus are easily Furthermore, inclusion of these two Register on June 24, 1996 (61 FR distinguishable once skins are tanned, subspecies just codifies in the U.S. 32356—‘‘Endangered and Threatened whereas the Government of Paraguay Federal regulations an existing Wildlife and Plants; Reclassification of commented that as long as skins are international requirement. Saltwater Crocodile Population in properly tagged and accompanied by However, this special rule does not Australia From Endangered to CITES permits, there is no chance for cover the importation of viable caiman Threatened With Special Rule for the misidentification of shipments eggs or live caimans into the United Saltwater and Nile Crocodiles’’). involving C. yacare, C. c. fuscus, and C. States. In addition to a valid CITES Summary of Factors Affecting Caiman c. crocodilus. export permit (already required), yacare Response: Controversy still exists as importation of these two types of Section 4(a)(1) of the Act (16 U.S.C. to whether C. yacare, C. c. fuscus and specimens of C. c. fuscus and C. c. 1531 et seq.) and regulations C. c. crocodilus can be distinguished crocodilus will require an Endangered promulgated to implement the listing using morphological characters. Listing Species Act import permit. This provisions of the Act (50 CFR part 424) of C. c. fuscus, and C. c. crocodilus requirement will allow scrutiny of because of similarity of appearance will set forth five criteria to be used in individual applications for importation determining whether to add, reclassify, bring C. yacare and all known of live caimans or eggs so as to prevent subspecies of C. crocodilus under the or remove a species from the list of accidental introduction of these exotic Act (C. c. apaporiensis is already listed endangered and threatened species. species into the United States (in as endangered) and, therefore, will These factors and their applicability to accordance with Executive Order 13112 facilitate and expedite inspection of C. populations of the yacare caiman in on Invasive Species issued by President crocodilus and C. yacare shipments into South America are as follows: Bill Clinton on February 3, 1999), an the United States. Wildlife inspectors at event that may have negative economic A. The Present or Threatened the ports will no longer face the time- and ecological impacts on humans, Destruction, Modification, or consuming and difficult task of native wildlife, and ecosystems in the Curtailment of Its Habitat or Range examining individual C. crocodilus and United States. C. yacare shipments to determine Since the initial listing of the yacare whether or not they involve protected Comments: Dr. John Perran Ross, the caiman, controversy has been associated species and/or subspecies, as all Singapore Reptile Skin Trade with defining the ranges of caiman shipments involving these two taxa will Association, and the Governments of species, especially that of C. yacare in be treated equally. Colombia and Singapore commented on southern South America. To assist in Comment: The Government of the 25 percent restriction on the clarification of the distribution and Colombia and the Singapore Reptile replacement tags and opposed the status of C. yacare, the CITES Skin Trade Association commented that measure. Dr. Ross and the Singapore Secretariat, in conjunction with the listing of C. c. fuscus and C. c. Reptile Skin Trade Association noted World Conservation Union/Species crocodilus will make trade in these two that the special rule goes beyond CITES Survival Commission (IUCN/SSC) subspecies more difficult because of the restrictions on replacement tags Crocodile Specialist Group (CSG), need for permits and inspections. (Resolution Conf. 9.22), which the undertook a survey (starting in late 1986 Likewise, the Colombian Association of United States helped draft. The and early 1987) to develop a Animal Ranchers (AZOOCOL) opposed Government of Colombia considered conservation program for crocodilians of listing of C. c. fuscus and C. c. this restriction an indication of mistrust the genus Caiman. These surveys were crocodilus because of similarity of of range and re-exporting countries. The conducted under the auspices of CITES appearance because they believe that Government of Singapore and the and were carried out by the CSG and the such listing will punish sustainable use Singapore Reptile Skin Trade Governments of Brazil, Bolivia, and of C. crocodilus in Colombia. Association commented that, since Paraguay. We review the available data Response: As noted by the IUCN tanneries regularly removed tags from from these studies (Brazaitis 1989a; ´ Crocodile Specialist Group in their raw skins before processing them, the 25 Brazaitis et al. 1990; King and Vıdez October 1998—December 1998 percent restriction will create problems Roca 1989; and Scott et al. 1988 and newsletter (Volume 17, Number 4, pages for skin traders in their country. 1990) on the distribution, ecology, and 15–18), the listing of C. c. fuscus and C. Singapore made two suggestions to status of C. yacare in this and following c. crocodilus as threatened by similarity resolve this issue: (1) shipments sections assessing factors affecting the of appearance does not add any new involving re-tagged skins must include species. requirements to those already in place all tags from the country of origin, and Caiman yacare is widely distributed for the importation and re-exportation of (2) re-exporting countries should fax throughout the lowland areas and river skins, other parts, and products of these copies of their re-export CITES permits systems of northeastern Argentina, two subspecies into/from the United as well as the CITES permits from the southeastern and northern Bolivia, States. Since C. c. fuscus and C. c. country of origin. Paraguay, and the western regions of the

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Brazilian States of Rondonia, Mato Increasing human populations, male-biased harvest is less likely to have Grosso, and Mato Grosso do Sul development of hydroelectric projects, a negative impact on the reproductive (Thorbjarnarson, J. B. 1992). The range draining of wetlands, and deteriorating potential of caiman populations. Impact includes the entire Guapore River (= water quality due to siltation or the of hunting is also reduced by propensity Itenes River) drainage, including its extensive dumping of pollutants of hunters to concentrate their harvest headwaters in the Brazilian State of (particularly as a result of mining and on areas that are easily accessible ˜ Mato Grosso and its tributaries in industry) also have caused habitat (Mourao et al. 1996). northeastern Bolivia; eastern Bolivia degradation. However, yacare caiman To ensure sustainable management of and western Brazil throughout the habitat is very extensive and the species C. yacare in Brazil, the Instituto drainage of the Paraguay River and the is so widespread that it is very unlikely Brasileiro de Meio Ambiente e dos Pantanal of Brazil; Paraguay River and that the species is presently endangered Recursos Naturais Renovaveis southern Pilcomayo River in Paraguay; or threatened because of the destruction, (IBAMA—Brazilian Institute for ´ and the lower Salado River, the Parana modification, or curtailment of its Environment and Renewable Natural River east to the Uruguay River, and habitat or range. Resources) regulates commerce of C. ´ south to the mouth of the Parana River yacare. To date, IBAMA has approved B. Overutilization for Commercial, in Argentina (Brazaitis et al. 1993). The and registered 65 yacare breeding Recreational, Scientific, or Educational yacare caiman is found in a wide variety facilities, with a production of over Purposes of habitats, including those that are 80,000 skins (communication from the altered by humans. The species occurs In the past, large numbers of C. yacare Embassy of Brazil, Washington, DC). In in vegetated and non-vegetated large were taken from South America, recent months, IBAMA has also teamed open rivers, secondary rivers and particularly from Brazil, in violation of up with other Brazilian Federal and streams, flooded lowlands and forests, domestic laws protecting the species State government agencies to help roadside ditches and canals, oxbows, (Brazaitis et al. 1988, Brazaitis et al. enforce Brazilian laws for the protection large and small lakes and ponds, cattle 1996). Although yacare caiman of wildlife, thus reducing illegal trade of ponds, and streams (Brazaitis et al. populations declined in many areas, the all native wildlife in Brazil. 1988). species still could be found in varying The yacare caiman remains widely The common caiman, Caiman population densities in most areas distributed in Bolivia (communications crocodilus crocodilus, occurs in the where suitable habitat remained from Unidad de Recursos Naturales y drainage basins of the Amazon and (Brazaitis et al. 1988). Yacare caiman Medio Ambiente, Prefectura y Orinoco Rivers in French Guiana, found in some surveys almost a decade Comandancia General del Beni, Surinam, Guyana, Venezuela, eastern ago also were small, extremely wary, Bolivia—Natural Resources and Ecuador, Colombia, Peru, and Brazil and exhibited a high male-biased sex Environment Unit of the Department of (Thorbjarnarson 1992). A narrow zone ratio. One hypothesis suggested that Beni; Museo Nacional de Historia of intergradation exists between C. females might be more heavily Nacional, La Paz, Bolivia—National yacare and C. c. crocodilus along the harvested at a time when they might be Museum of Natural History; Museo de very vulnerable while protecting their Historia Natural, Universidad northern border of Bolivia and Brazil in ´ ´ the State of Acre in the Acre River and nests (Brazaitis 1989a). Autonoma Gabriel Rene Moreno, Santa In spite of substantial legal and illegal Cruz, Bolivia—Natural History Museum, Abuna drainages, northward to ´ approximately Humaita on the Madeira harvests in the past, many caiman Gabriel Rene Moreno Autonomous River in the Brazilian State of Amazonas populations have been able to survive University; and Viceministro de Medio and recover after being protected or (Brazaitis et al. 1990). ˜ Ambiente, Recursos Naturales y The brown caiman, Caiman properly managed (Mourao et al. 1996, Desarrollo Forestal, Ministerio de ´ crocodilus fuscus (including C. c. Da Silveria and Thorbjarnarson 1999). Desarrollo Sostenible y Planificacion, La chiapasius), occurs from Mexico Recent research also suggests that C. Paz, Bolivia—Vice-Minister of the through Central America to Colombia yacare and other species of caiman in Environment, Natural Resources and (west of the Andes), along the coastal Brazil, and most likely other parts of the Forestry Development, Ministry of and western regions of Venezuela, and species’ range, are resilient to hunting. Sustainable Development and south through Ecuador to the Recent estimates of C. yacare in the Planning). Although caiman northwestern border of Peru. The CITES Brazilian Pantanal show densities as populations in some rivers were Secretariat and several authors consider high as 147 individuals/square extirpated, caimans still survive in C. c. chiapasius a synonym of C. c. kilometer, far larger than those reported Bolivia due to abundant habitat and fuscus, and we consider it so for the for other crocodilians (Coutinho and their rapid growth to sexual maturity. purposes of this rule. Campos 1996). In Brazil, the impact of Where protected, populations have The expansion of cattle grazing and hunting on caiman populations is recovered, including those in the reduced by strong bias for males among the concurrent construction of ˜ extensive wetlands of ‘‘El Pantanal’’. In permanent water sources for cattle has hunted animals (Mourao et al. 1996, Da fact, the Bolivian Red Book lists C. increased the dry season freshwater Silveria and Thorbjarnarson 1999). In C. yacare as a low-risk species ´ habitats available to yacare caiman in yacare and C. crocodilus, this bias (communication with Dr. Mario Suarez, some areas. However, cattle grazing has appears to be largely due to the fact that Director of the Museo de Historia ´ also diminished habitat in other areas hunters target mostly the largest Natural, Universidad Autonoma Gabriel ´ by increasing the salinity of waterways animals, which are almost exclusively Rene Moreno, Santa Cruz, Bolivia— ´ (King et al. 1994). Habitat destruction males. In the case of black caiman Natural History Museum, Gabriel Rene and deterioration has taken place and (Melanosuchus niger; a species listed as Moreno Autonomous University). continues to occur in parts of the endangered under the Act), male-biased Consequently, Bolivia has recently species’ range. Deforestation for road sex ratios among harvested animals approved conservation and sustainable construction and mining not only appear to be caused by preference of use plans for C. yacare in the destroys habitat, but also increases adult females for more protected and Departments of Beni and Santa Cruz. access of poachers to some yacare difficult to reach areas. Since a single Although a decade ago it was reported habitats (Brazaitis et al. 1996). male can fertilize several females, this that the long-term continuation of the

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25873 status quo could lead to the approved ranching programs. In species, the products from tanned or endangerment of the species in Bolivia Paraguay, the yacare caiman was processed skins are often very difficult (King and Videz Roca 1989), we believe nominally protected by a 1961 to distinguish from other caiman that situation has improved Presidential decree that prohibits species. U.S. Fish and Wildlife Service considerably, with effective hunting, commerce, and import and Wildlife Inspectors, by clearing management of the species by Bolivian export of all native wildlife, their parts, crocodilian products from these leather authorities. and products. However, a limited good manufacturing countries, could In Paraguay, King et al. (1994) harvest of yacare caiman is currently have inadvertently allowed the import reported that large populations of yacare allowed, with quotas being determined of parts and products from illegally could still be found in suitable habitats. based on annual surveys of the species. harvested yacare caiman. Such imports Caiman yacare populations in Paraguay Bolivia permits the hunting of yacare would constitute violations of the U.S. are currently being monitored annually from January 1 to June 30, and imposes Lacey Act and the Endangered Species (communications with Ministerio de ´ a 1.5 m size limit on all harvested Act, and would be detrimental to the Agricultura y Ganaderıa—Ministry of caiman. The yacare was additionally conservation of the yacare caiman by Agriculture and Cattle Ranching, listed as endangered under the U.S. not effectively promoting the Paraguay’s CITES Authority). Recent Endangered Species Conservation Act of sustainable management of the species. surveys show that populations are either 1969 and was added to Appendix II of However, currently available stable or increasing. Based on survey CITES in 1975. information indicates that many of the data, hunting quotas are established In the past, existing legislation and irregularities have been corrected since accordingly. decrees protecting the yacare caiman or the CITES survey in the 1980s. A The CSG did not conduct a survey regulating its harvest have been combination of increased awareness of and status assessment in Argentina. inadequately or unevenly enforced. conservation needs, reduced crocodilian However, Argentina currently bans Many yacare caiman were apparently hide prices, increased action by export of the species (communication illegally killed in Argentina, Bolivia, government and international agencies, with Secretaria de Recursos Naturales y Brazil, and Paraguay, and their skins and increased difficulty in marketing Desarrollo Sustentable—Ministry of were illegally exported with real or illegally harvested crocodilian skins Natural Resources and Sustainable forged CITES export permits from some have relieved some of the hunting Development). South American countries. The CITES pressure on wild caiman populations In summary, hunting for hides, both Secretariat, in conjunction with the (Scott et al. 1990, King et al. 1994). legal and illegal, has in the past been the CSG, and with the permission and International illegal trade in major threat to the survival of cooperation of the range countries, crocodilian skins has been reduced populations of yacare caiman. However, conducted a series of surveys of the significantly since the adoption by the the species has recovered in many parts status of the yacare caiman during the CITES Parties of Resolution Conf. 9.22 of its range, and the four range countries 1980s and found major inadequacies (Universal Tagging System Resolution either provide protection to the species associated with the existing regulatory for the Identification of Crocodilian by domestic legislation and/or regulate mechanisms. For example, Bolivia did Skins) in November 1994. This harvest by established hunting seasons not effectively enforce either the resolution establishes an universal and limits on the size of animals that hunting season restriction or the tagging system for the tracking of can be legally killed for commercial minimum size limit restrictions on international trade in crocodilian skins, trade. In spite of these actions, we harvested animals. In the mid-1980s, other parts, and products, which believe sufficient cause exists to find, at large numbers of poached yacare caiman includes: (1) Universal tagging of raw this time, that some populations of the skins were illegally exported to and processed crocodilian skins with yacare caiman still may be threatened Paraguay, encouraging the transnational non-reusable tags for all crocodilian by illegal hunting for domestic trade in movement of illegal wildlife products skins entering international trade, portions of its extensive range (see through that country in violation of unless they have been further processed ‘‘Inadequacy of existing regulatory CITES. As a result, in June 1986 and to and cut into smaller pieces; (2) tagging mechanisms’’ below). November 1987, the Bolivian of transparent containers for crocodilian Government imposed a ban on the parts; (3) use of non-reusable tags that C. Disease or Predation export of wildlife specimens (Decreto include as a minimum the International The eggs of C. yacare are eaten by a Supremo 21312 and Decreto Supremo Organization for Standardization two- variety of predators, which in some 21774, respectively) and, through the letter code for the country of origin, a localities include humans, and CITES Secretariat, asked that the Parties unique serial identification number, a hatchlings are consumed by a variety of to the Convention no longer accept standard species code, and the year of predators including other crocodilians. certain CITES export permits issued production or harvest; (4) registration of However, we have no evidence, at this illegally by the former Bolivian such non-reusable tags with the CITES time, that disease or predation are Government (Notice of Information No. Secretariat; (5) recording of the same significant factors affecting C. yacare 3–50 FR 34016; Notice of Information information that appears on the tags on populations. No. 4–50 FR 34016; Notice of the export permit, re-export certificate, Information No. 8–50 FR 50965; Notice or other Convention document; and (6) D. The Inadequacy of Existing of Information No. 11–51 FR 43978). implementation by the re-exporting Regulatory Mechanisms Some countries of manufacture, countries of an administrative system The yacare caiman is protected in knowingly or unknowingly, have also that allows for effective matching of Argentina by a total ban on commercial apparently accepted illegally killed and imports and re-exports, and ensures that hunting and on the export of raw and illegally exported yacare caiman, used the original tags are intact upon re- tanned hides and other products. Brazil these materials in the production of export, and, if tags are broken, the re- bans the export of wildlife and wildlife leather goods, and shipped the resulting tagging of skins is performed as products from native species (Article 6 finished products to the United States. described in CITES Resolution Conf. B of Brazilian Wildlife Law No. 5.197, Although a live or whole yacare caiman 9.22. Given that all four range countries of November 3, 1967), except from can be distinguished from other caiman are Parties to CITES (Argentina acceded

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 25874 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations on April 8, 1981; Bolivia on October 4, populations. The yacare, under such The Service has intercepted numerous 1979; Brazil on November 14, 1975; conditions, can provide revenue to pay shipments of manufactured items with Paraguay on February 13, 1977), we for its own management. documents identifying them as a believe that international trade in yacare In developing this rule, we have lawfully tradeable Appendix II species caiman is adequately regulated. carefully assessed the best available (most often C. c. crocodilus and C. c. To improve implementation of CITES, biological and conservation status fuscus) and have determined that they at the invitation of the Bolivian information regarding the past, present, are, in fact, made from yacare caiman. Government and with the financial and future threats faced by the yacare In other instances, products from other support of the U.S. Agency for caiman. The available data from these endangered species, such as International Development’s Partnership studies on the distribution, ecology, and Melanosuchus niger, have been declared for Biodiversity, the Service’s Office of status of C. yacare indicate that this as C. c. fuscus. One reason for this Scientific Authority and Division of species is not endangered or in danger situation is that many vendors, buyers, Law Enforcement visited Bolivia in the of extinction in any significant portion and traders in South and Central summer of 1998 to conduct CITES of its range. The Service has concluded America have deliberately misidentified training. The participants included not that an extensive population of yacare yacare caiman by obtaining documents only staff from the Bolivian CITES caiman still exists over large and purporting to permit export of other Management and Scientific Authorities, seasonally inaccessible areas within the Appendix II species. In addition, but also representatives from other four South American range countries. representatives of the manufacturing Bolivian governmental agencies The Service recognizes that yacare industry and others have indicated that involved in the implementation of caimans near human populations may a common practice in the trade is to CITES, including the Bolivian National be illegally taken. However, the best commingle skins at the tanning, cutting, Police and Defense Ministry. During the available information indicates that this and assembly stages of the one-week training, the Service also and many other species of crocodilians manufacturing process so that discussed with the participants how to are capable of surviving despite inadvertent commingling frequently improve collaboration between the unregulated harvests and that new occurs. While some affirmative yacare United States and Bolivia in the international requirements are being caiman identifications can be made in protection and conservation of wildlife. implemented to curtail international manufactured products, in numerous The training participants also took this trade in illegally harvested crocodile instances, proper identifications are not unique opportunity to develop a plan to skins. made and significant quantities of implement and coordinate CITES as Criteria for reclassification of a yacare caiman are probably being well as other fish and wildlife threatened or endangered species, found imported unlawfully. This situation enforcement activities in Bolivia. in 50 CFR part 424.11(d), include occurs because a positive identification Although all four range countries extinction, recovery of the species, or of yacare caiman depends upon whether have taken steps to curtail illegal error in the original data for certain indicator patterns are present on international trade in yacare caiman and classification. The original listing did a piece of skin. However, a large other crocodilians, enforcement of not encompass the survey information, proportion of commercially useful already existing laws regulating such as Medem’s 1973 work, which pieces of skins do not bear these domestic trade in crocodilians may still documented an extensive range for this identification patterns. be insufficient in some areas (Brazaitis species. Given the reproductive In his comments submitted in ˜ et al. 1996, Mourao et al. 1996), due capabilities and current status of the response to the October 29, 1990, mostly to the limited resources available yacare caiman, this species is more Federal Register notice, Mr. Peter to local enforcement agencies as well as properly considered not as in danger of Brazaitis provided extensive the remoteness and inaccessibility of extinction throughout all or a significant information on the similarity of many of the areas. Therefore, we believe portion of its vast range, but as appearance among six caiman and that sufficient cause exists to find that threatened due to inadequately crocodilian species or subspecies as the yacare caiman is presently regulated domestic commercialization they occur in manufactured products threatened, but no longer endangered, in in some portions of its range. Therefore, and some hides. He discussed in detail some parts of its range by the if range countries continue to the indicator characteristics for C. inadequacy of the existing regulatory successfully implement measures to yacare, C. c. crocodilus, C. c. fuscus, C. mechanisms. regulate its harvest and domestic c. apaporiensis, C. latirostris, and M. commercialization, the yacare caiman niger for live animals, whole skins, and E. Other Natural or Manmade Factors should be able to maintain stable and untanned skins that remain after Affecting Its Continued Existence sustainable population levels. tanning and cutting, and how frequently A recent new possible threat to yacare Similarity of Appearance similar characteristics found on pieces caimans and their habitats is chemical of skin prevent positive identification. pollution, primarily from mineral In determining whether to treat a The three criteria for listing of other mining and industry (Brazaitis et al. species as endangered or threatened due caiman by similarity of appearance are 1996). However, short-and long-term to similarity of appearance, the Director discussed below: effects of chemical contamination on shall consider the criteria in section 4(e) (1) The degree of difficulty yacare caiman populations are of the Endangered Species Act. Section enforcement personnel would have in unknown. 4(e) of the Act and criteria of 50 CFR distinguishing the species, at the point 17.50 set forth three criteria in in question, from an endangered or Summary of Findings determining whether to list a species for threatened species (including those Wildlife, such as the yacare caiman, reasons of similarity of appearance. cases where the criteria for recognition can be advantageously utilized in These criteria apply to populations of of a species are based on geographical commerce if management is sufficient to common caiman (C. c. crocodilus) in boundaries). maintain satisfactory habitats and South America and the brown caiman Caiman yacare, C. c. crocodilus, and harvest is at levels that allow (C. c. fuscus) in Mexico and Central and C. c. fuscus are distinguishable as live maintenance of healthy and sustainable South America. animals because of different markings

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Products from after 6 years, a full trial, and the requirements to those already in place the three crocodilians often cannot employment, by both parties, of several for the importation or re-exportation of readily be distinguished by law expert witnesses. One of the purposes of skins, other parts, and products of these enforcement personnel, which means this similarity-or-appearance listing is to two subspecies into/from the United that under present conditions mixed shift the inquiry from one of evaluating States. This rule just requires that products from U.S. listed and unlisted a particular shipment to one of shipments involving skins and other species may occur in U.S. commerce. supporting the effectiveness of the parts of C. c. fuscus and C. c. crocodilus (2) The additional threat posed to the CITES crocodilian skin control system be tagged in accordance with the CITES endangered or threatened species by as well as the effectiveness of yacare Universal Tagging System Resolution loss of control occasioned because of the caiman management programs in and accompanied by valid CITES export similarity of appearance. countries of origin and re-export, documents, as is currently required. No The inability to adequately control thereby enhancing the management of U.S. import permits will be required for commerce in caiman products has likely the species while permitting other these specimens. However, this special allowed losses to occur to other allocations of enforcement resources. rule does not cover the importation of endangered species such as C. latirostris The improved management of trade viable caiman eggs or live caimans into and M. niger. For example, the Service should enhance the conservation status the United States. In addition to a valid has records of leather goods of each species, and this listing action CITES export permit (already required), manufactured from M. niger being and special rule should assist CITES importation of viable eggs or live included in product shipments declared Parties to control the illegal trade in specimens of C. c. fuscus and C. c. as C. c. fuscus. caiman skins, products, and parts. crocodilus will require an Endangered Another problem occurs when Species Act import permit. unlawfully harvested yacare caiman Available Conservation Measures Section 8(a) of the Act authorizes the skins enter commerce in non-range Conservation measures provided to provision of limited financial assistance South American countries and then are species listed as endangered or for the development and management of re-exported with documents describing threatened under the Act include programs that the Secretary of the the export as native caiman. The Service recognition of conservation status, Interior determines to be necessary or has intercepted a number of shipments requirements for Federal protection, and useful for the conservation of of yacare caiman from Colombia despite prohibitions against certain practices. endangered species in foreign countries. domestic laws that permit only the Recognition through listing encourages Sections 8(b) and 8(c) of the Act export of caimans from captive breeding and results in conservation actions by authorize the Secretary to encourage programs, and despite the fact that the Federal, State, and private agencies and conservation programs for foreign yacare caiman does not occur naturally groups, and individuals. endangered species, and to provide in Colombia. Section 7(a) of the Act, as amended, assistance for such programs, in the This rule allows for cessation of and as implemented by regulations at 50 form of personnel and the training of commercial trade to the United States if CFR part 402, requires Federal agencies personnel. CITES bans are imposed for failure to to evaluate their actions that are to be Sections 4(d) and 9 of the Act, and implement appropriate trade control conducted within the United States or implementing regulations found at 50 measures, including the use of non- on the high seas, with respect to any CFR part 17.31, (which incorporate reusable tags for species identification. species that is proposed to be listed or certain provisions of 50 CFR part 17.21), A secondary effect of this rule may be is listed as endangered or threatened set forth a series of prohibitions and to enhance the management of C. and with respect to its proposed or exceptions that generally apply to all yacare, C. c. crocodilus, and C. c. fuscus designated critical habitat, if any is threatened wildlife. These prohibitions, to facilitate commerce in products of being designated. However, given that in part, make it illegal for any person caiman species that can tolerate a C. yacare is not native to the United subject to the jurisdiction of the United managed commercial harvest, and to States, no critical habitat is being States to take (within U.S. territory or on more effectively protect the endangered proposed for designation with this rule. the high seas), import or export, ship in species of caiman or of other taxa that Currently, with respect to C. yacare, interstate commerce in the course of a cannot sustain a managed commercial no Federal activities, other than the commercial activity, or sell or offer for harvest. issuance of CITES export permits, are sale in interstate or foreign commerce (3) The probability that so designating known that would require conferral or any listed species. It also is illegal to a similar species will substantially consultation. According to the CITES possess, sell, deliver, carry, transport, or facilitate enforcement and further the treaty, Appendix-II species need only a ship any such wildlife that has been purposes and policy of the Act. CITES export permit issued by the taken illegally. Certain exceptions apply The Division of Law Enforcement exporting country for their importation to employees or agents of the Service, presently inspects caiman shipments to into another country. However, because other Federal land management determine the validity of the proffered of its listing as endangered under the agencies, the National Marine Fisheries Appendix II CITES documents and Act, the importation and exportation of Service, and State conservation agencies consults herpetologists to evaluate specimens from C. yacare presently (50 CFR part 17.21(c)(3) and part specimens when warranted. Due to the require an Endangered Species Act 17.31(b)). problems of commingling and permit issued by the Office of Permits may be issued to carry out identification, a substantial number of Management Authority. Consequently, a otherwise prohibited activities seizures, forfeitures, and penalty consultation with our Office of involving threatened wildlife species assessments have been contested. Scientific Authority is currently under certain circumstances. Judicial decisions have affirmed the required before our Office of Regulations governing permits are

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With and only from countries that have not illegal skins and reduced the trade regard to threatened wildlife, a permit been identified by the CITES Parties for control problems with the similarity of may be issued for the following inadequate implementation of CITES. appearance of skins and products purposes: Scientific research, The intent of this special rule is to among different species of crocodilians. enhancement of propagation or survival, enhance the conservation of the yacare In addition to the measures zoological exhibition or education, caiman and the other endangered and established by CITES in the Universal incidental taking, or special purposes threatened caiman populations by Tagging System Resolution, this special consistent with the Act. All such supporting those countries properly rule contains other steps designed to permits must also be consistent with the managing their caiman populations restrict or prohibit trade from countries purposes and policy of the Act as through the opening of commercial that are not effectively implementing required by section 10(d). Such a permit markets in the United States. the CITES Universal Tagging System will be governed by the provisions of The degree of endangerment of Resolution and, thus, to ensure that the § 17.32 unless a special rule applicable crocodilian species varies by species United States does not become a market to the wildlife (appearing in § 17.40 to and specific populations. Some caiman for illegal trade in crocodilian species § 17.48) provides otherwise. species are listed on Appendix I of and to encourage other nations to Threatened species are generally CITES. Such listing prohibits control illegal trade. covered by all prohibitions applicable to international trade in the species if such Effects of the Special Rule endangered species, under section 4(d) activity is conducted for primarily of the Act. The Secretary, however, may commercial purposes and/or Consistent with the requirements of propose special rules if deemed determined to be detrimental to the sections 3(3) and 4(d) of the Act, this necessary and advisable to provide for survival of the species. The remaining rule also contains a special rule that the conservation of the species. The species and populations of caiman are amends 50 CFR 17.42 to allow special rule described here for § 17.42 included in Appendix II, thereby commercial importation and re- allows commercial importation and re- allowing commercial trade if certain exportation, under certain conditions, of exportation into/from the United States scientific and management findings are whole and partial skins, other parts, and of certain farm-reared, ranch-reared, and made. Some caiman species are also finished products from yacare caiman wild-collected specimens of threatened listed as endangered in the U.S. List of without a threatened species import caiman species, which are listed in Endangered and Threatened Wildlife, permit otherwise required by 50 CFR CITES Appendix II. Importation could while other species are not included. In part 17, if all requirements of the special be restricted from a particular country of addition to the United States, several rule and 50 CFR parts 13 (General origin or re-export if that country is not countries have taken domestic actions to Permits Procedures), 14 (Importation, complying with the CITES Universal protect wild caiman populations, but Exportation, and Transportation of Tagging System Resolution, or if that allow trade in specimens bred or raised Wildlife), and 23 (Endangered Species country has been identified as a subject in captivity under appropriate Convention—CITES) are met. to a recommended suspension of trade management programs. The reclassification of C. yacare to by the CITES Standing Committee or at We agree that yacare caiman ‘‘threatened’’ and the accompanying a CITES Conference of the Parties. populations in some range countries are special rule allowing commercial trade Interstate commerce within the United being sufficiently managed through into the United States without States and re-export of C. yacare, C. c. ranching or captive breeding programs endangered species import permits does crocodilus, and C. c. fuscus parts will to support controlled commercial use. not end protection for this species, not require additional U.S. threatened However, the Service is concerned which remains on Appendix II of species permits. about: (1) The illegal harvest and CITES. To the contrary, the special rule inadequate trade controls for caiman complements the CITES Universal Effects of This Rule species in Appendix II of CITES; (2) the Tagging System Resolution for This rule revises § 17.11(h) to commingling and misidentification of crocodilian skins by allowing imports reclassify the C. yacare from endangered legal and illegal skins in intermediary and re-exports only from those range to threatened to reflect more accurately trading, processing, and manufacturing countries properly managing this the present status of this species. The countries; and (3) the sustainable species and controlling exports, and Apaporis River caiman (C. c. management of the yacare caiman in only from those intermediary countries apaporiensis), the black caiman (M. those countries allowing a legal harvest properly implementing the CITES niger), and the broad-snouted caiman of wild specimens. Universal Tagging System Resolution. (C. latirostris) retain their endangered The CITES Parties adopted at the 1994 Thus, this special rule simply reconciles status under the Act. Crocodylus Fort Lauderdale meeting (COP9) and are ESA requirements for the importation crocodylus crocodilus and C. c. fuscus currently implementing proisions of the and exportation of C. yacare shipments (including C. c. chiapasius) are listed as Universal Tagging System Resolution into and from the United States with threatened by reason of similarity in for crocodilian skins (Resolution Conf. CITES ones. appearance. /- 9.22). The Service supports these efforts, The listing of C. c. fuscus and C. c. including the most recent clarifications crocodilus as threatened by similarity of Description of the Special Rule of the resolution resulting from the appearance, and the accompanying Currently, listing of C. yacare in Animals Committee meeting held in special rule allowing commercial trade Appendix II of CITES allows September 1996. At the CITES meeting into the United States, also will have no commercial trade in the species. This of the Conference of the Parties in effect on the issuance of permits for the special rule allows commercial Zimbabwe in 1997, the CITES commercial importation and exportation importation and re-exportation into/ Secretariat reported that, to its of skins, other parts, and products of from the United States of C. yacare knowledge, all range countries were these two caiman subspecies into and skins, other parts, and products effectively implementing the Universal from the United States. Since C. c. originating from countries effectively Tagging System Resolution. Adherence fuscus and C. c. crocodilus are currently implementing the crocodilian CITES to the CITES tagging requirements has listed in Appendix II of CITES, a CITES Universal Tagging System Resolution, reduced the potential for substitution of permit issued by the exporting or re-

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25877 exporting country is already required for of origin nor the country of re-export of re-export have implemented a system importation of shipments of these two can be subject to a Notice of Information for monitoring skins. subspecies into another country. This based on the criteria described in the We wrote this special rule to allow rule requires only that shipments special rule if imports are to be allowed. the Service to respond quickly to involving skins and other parts of C. c. The Service will initially presume that changing situations that may result in fuscus and C. c. crocodilus be tagged in intermediary countries are effectively lessened protection to crocodilians. The accordance with the CITES Universal implementing the CITES Universal criteria described in the special rule Tagging System Resolution and Tagging System Resolution, but the establish specific, non-discretionary accompanied by valid CITES export special rule has provisions to impose bases for determining whether CITES documents, as is currently done. No bans if persuasive evidence to the provisions are being effectively U.S. import permits are required for contrary is presented. implemented. Therefore, by the these specimens. However, in the case Our Office of Management Authority publication of such notice in the of viable eggs or live specimens of C. c. will provide on request the list of those Federal Register, we can deny approval fuscus and C. c. crocodilus into the countries subject to a Schedule III of permits, and imports into the United United States, an Endangered Species Notice of Information to manufacturers States can be prohibited from any Act import permit will be required in in the country of re-export and to country that fails to comply with the addition to the already required CITES importers so that they may be advised requirements of the special rule. export permit. of restrictions on caiman skins, In a separate rule-making proposal, In summary, this special rule products, and parts that can be utilized amending 50 CFR part 23, the Service prohibits the importation and re- in products intended for U.S. will propose implementation of the exportation of specimens (skins, other commerce. The Management Authority CITES Universal Tagging System parts, or products) of C. caiman, C. c. of the country of manufacture should Resolution for all crocodilians. That crocodilus, and C. c. fuscus originating ensure that re-export certificates rulemaking will adopt CITES tags as the from any country (range country or a provided for manufactured goods required tag for all crocodilian skins, country of manufacture or re-export) intended for the United States are not including caiman chalecos and flanks, that: (1) Is not effectively implementing for products and re-exports derived being imported into or exported from the CITES Universal Tagging System from countries subject to a Schedule III any country if the skin is eventually Resolution including (but not limited to) Notice of Information. In compliance imported into the United States. For the the use of properly marked tamper-proof with these rules, commerce in finished reasons noted above, the Service finds tags on all skins, the package of other products from a re-export country that the special rule for caiman species, crocodile parts in transparent sealed would be allowed only with the including the yacare caiman, includes containers clearly marked with parts required CITES documentation and all of the protection that is necessary tags, the recording of the same without an endangered or threatened and advisable to provide for the information on the tags on the CITES species permit for individual shipments conservation of such species. documents, and maintenance of records otherwise required under 50 CFR part The Monitoring of Yacare Caiman accounting for transactions of skins, 17. parts, and products; or (2) has failed to Finally, this special rule does not Requirements of the Act for the designate a Management Authority or cover the importation of viable caiman monitoring of species also apply to Scientific Authority; or (3) have been eggs or live caimans into the United foreign species (see final rule identified by the Conference of the States. Importation of these two types of ‘‘Endangered and Threatened Wildlife Parties to the Convention, the specimens will require an Endangered and Plants; Removal of Three Kangaroos Convention’s Standing Committee, or in Species Act import permit and the From the List of Endangered and a Notification from the Secretariat as a appropriate CITES permit. This Threatened Wildlife’’ published in the country from which Parties should not requirement will allow scrutiny of Federal Register on March 9, 1995; 60 accept permits. individual applications for importation FR 12887). Monitoring programs are In a limited number of situations of live caimans or eggs so as to prevent conducted to ensure that species where the original tags from the country accidental introduction of these exotic continue to fare well after delisting or of export have been lost in processing species into the United States, which downlisting occurs. These monitoring the skins, we will allow whole skins, may have detrimental effects on U.S. programs frequently include population flanks, and chalecos into the United native wildlife or ecosystems. Re- and species distribution surveys, States if CITES-approved re-export tags exportation from the United States of assessment of the condition of have been attached in the same manner caiman skins, other parts, and products important habitats for the species, and as the original tags and proper re-export will continue to require CITES assessment of threats identified as certificates accompany the shipment. If documents. Interstate commerce within relevant to the species. a shipment contains more than 25 the United States in legally imported The Service depends primarily on percent replacement tags, the re- caiman skins, other parts, and products range countries to monitor C. yacare. To exporting country must consult with the will not require U.S. threatened species monitor the status of C. yacare, we will U.S. Office of Management Authority permits. request the governments of the range prior to clearance of the shipment, and This special rule allows trade through countries (Argentina, Brazil, Paraguay, such shipments may be seized, if the intermediary countries. Countries are and Bolivia) wishing to export Service cannot determine that the not considered as intermediary specimens of C. yacare to the United requirements of the CITES Universal countries or countries of re-export if the States for commercial purposes to Tagging System Resolution have been specimens remain in Customs control provide us every two years, for the observed. while transiting or being transshipped following 10 years, with the most recent In the case where tagged caiman skins through the country and provided those information available on the status of are exported to another country for specimens have not entered into the the species, gathered by the respective manufacturing purposes, and the commerce of that country. However, the range countries to fulfill their CITES finished products are re-exported to the CITES Universal Tagging System scientific and management United States, then neither the country Resolution presupposes that countries requirements. The first submission of

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The South American and (1) Recent distribution and population Civil Justice Reform Central American caiman (Caiman) data, and a description of the In accordance with Executive Order complex. Systematics of the Caiman: methodology used to obtain such 12988, the Office of the Solicitor has Results of morphological, statistical, estimates; molecular genetics, and species determined that this special rule in discrimination studies. Special report to (2) Description of research projects § 17.42(g) does not unduly burden the currently being conducted related to the the U.S. Fish and Wildlife Service. 62 pp. judicial system and meets the Unpublished. biology of the above species in the wild, requirements of sections 3(a) and 3(b)(2) Brazaitis, P., R. Madden, G. Amato, and M. particularly their reproductive biology of the Order. Watanabe. 1997b. Morphological (for example, age or size when animals characteristics, statistics, and DNA become sexually mature, number of Paperwork Reduction Act evidence used to identify closely related clutches per season, number of eggs per The special rule in § 17.42(g) does crocodilian species for wildlife law clutch, survival of eggs, survival of require an information collection from enforcement. Proceedings of the American Academy of Forensic Sciences. Annual hatchlings); 10 or more parties and, therefore, a (3) Description of laws and programs Meeting, New York City, February 17–22, submission under the Paperwork 1997. D28: 92–93. Published abstract. regulating harvest of the above species, ˆ Reduction Act is required. The Office of Brazaitis, P., G. H. Rebelo, C. Yamashita, E. including approximate acreage of land Management and Budget approved the A. Odierna, and M. E. Watanabe. 1996. set aside as natural reserves or national information collection requirements Threats to Brazilian crocodilian parks that provide protected habitat for contained in this special rule under the populations. Oryx, 30:275–284. the above species; Paperwork Reduction Act and assigned Busack, S. D., and S. S. Pandya. 1996. (4) Description of current sustainable clearance number 1018–0093 as part of Presented at 76th annual meeting of the harvest programs for the above species, the permit requirements contained in American Society of Ichthyologists and Herpetologists. New Orleans, LA. Abstract. including ranching (i.e., captive-rearing Part 23 of Title 50. of crocodiles collected from the wild as Coutinho, M., and Z. Campos. 1996. Effect of eggs or juveniles) and farming (captive- National Environmental Policy Act habitat and seasonality on the densities of caiman in southern Pantanal, Brazil. breeding of animals) programs; The Service has determined that Journal of Tropical Ecology, 12:741–747. (5) Current harvest quotas for wild Environmental Assessments and Da Silveria, R., and J. B. Thorbjarnarson. populations; and Environmental Impact Statements, as 1999. Conservation implications of (6) Export data for the last 10 years commercial hunting of black and defined under the authority of the ´ (preferably organized according to National Environmental Policy Act of spectacled caiman in the Mamiraua origin of animals: wild-caught, captive- 1969, need not be prepared in Sustainable Development Reserve, Brazil. reared, and captive-bred). connection with regulations adopted Fitch, H., and M. Nadeau. 1979. An assessment of Caiman latirostris and Regulatory Planning and Review pursuant to section 4(a) of the Act of Caiman crocodilus yacare in northern 1973, as amended. A notice outlining Argentina. Unpublished progress report to This rule is not subject to review by the Service’s reasons for this the Office of Management and Budget World Wildlife Fund—U.S., U.S. Fish and determination was published in the Wildlife Service, and New York Zoological under Executive Order 12866. Federal Register on October 25, 1983 Society. 7 pp. Regulatory Flexibility Act (48 FR 49244). Groombridge, B. 1982. The IUCN Amphibia- Reptilia red data book. Part I: Testudines, The Department of the Interior References Cited Crocodylia, Rhynchocephalia. IUCN, certifies that the special rule in Amato, G. D. 1992. Expert Report. Yale Gland, Switzerland. 426 pp. § 17.42(g) will not have a significant University, New Haven, CT. 6 pp. King, F. W., and Burke, R. L. 1989. economic effect on a substantial number Unpublished report. Crocodilian, tuatara, and turtle species of of small entities, as defined under the Brazaitis, P. 1989a. The caiman of the the world: A taxonomic and geographic Regulatory Flexibility Act (5 U.S.C. 601 Pantanal: Past, present, and future, pp. reference. Association of Systematic 119–124, in Crocodiles. Proceedings of the Collections, Washington, D.C. et seq.) Most or all of the potential ´ applicants who might take advantage of 8th Working Meeting of the Crocodile King, F. W., and D. H. Vıdez-Roca. 1989. The Specialist Group. IUCN, Gland, caimans of Bolivia: A preliminary report the procedures implemented through Switzerland. 204 pp. on a CITES and Centro Desarrollo Forestal this special rule are individuals or small Brazaitis, P. 1989b. The forensic sponsored survey of species distribution entities. identification of crocodilian hides and and status, pp. 128–155, in Crocodiles. Unfunded Mandates Reform Act products, pp. 17–43, in Crocodiles: Their Proceedings of the 8th Working Meeting of ecology, management and conservation. the Crocodile Specialist Group. IUCN, The special rule in § 17.42(g) does not IUCN, Gland, Switzerland. Gland, Switzerland. 204 pp. impose an unfunded mandate on State, Brazaitis, P., C. Yamashita, and G. Rebelo. King, F. W., A. L. Aquino, N. J. Scott, Jr., and local, or tribal governments or the 1988. CITES central South American R. Palacios. 1994. Status of the crocodiles private sector of more than $100 million caiman study: Phase I-central and southern of Paraguay: Results of the 1993 monitoring a year. Brazil. 62 pp. surveys. Report from Biodiversity Services, Brazaitis, P., C. Yamashita, and G. Rebelo. Inc., to Paraguay’s Ministerio de Takings 1990. A summary report of the CITES Agricultura y Ganaderia and the Secretariat central South American caiman study: of the Convention on International Trade In accordance with Executive Order Phase I: Brazil, pp. 100–115, in Crocodiles. in Endangered Species of Wild Fauna and 12630, the special rule in § 17.42(g) does Proceedings of the 9th Working Meeting of Flora (CITES). 39 pp. ˜ not have significant takings the Crocodile Specialist Group. Vol. I. Mourao, G., Z. Campos, and M. Coutinho. implications. IUCN, Gland, Switzerland. 300 pp. 1996. Size structure of illegally harvested

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and surviving caiman Caiman crocodilus Authors PART 17Ð [AMENDED] yacare in Pantanal, Brazil. Biological Conservation, 75:261–265. The primary author of this rule is Dr. 1. The authority citation for part 17 Scott, N. J., A. L. Aquino, and L. A. Javier Alvarez, Office of Scientific continues to read as follows: Fitzgerald. 1988. Distribution, habitats, and Authority, U.S. Fish and Wildlife conservation of the caiman (Alligatoridae) Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Service, Washington, DC 20240 (703– 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– of Paraguay. Unpublished report to the 358–1708 or FTS 921–1708). CITES Secretariat, Lausanne, Switzerland. 625, 100 Stat. 3500; unless otherwise noted. 30 pp. List of Subjects in 50 CFR Part 17 2. Amend § 17.11(h) by revising the Scott, N. J., A. L. Aquino, and L. A. current entry for the yacare caiman and Fitzgerald. 1990. Distribution, habitats and Endangered and threatened species, Exports, Imports, Reporting and by adding entries for the brown and the conservation of the caimans (Alligatoridae) common caimans in alphabetic order of Paraguay. Vida Silvestre Neotropical, recordkeeping requirements, under ‘‘Reptiles’’ on the List of 43–51. Transportation. Thorbjarnarson, J. B. 1992. Crocodiles: An Endangered and Threatened Wildlife to action plan for their conservation. IUCN, Regulations Promulgation read as follows: Gland, Switzerland. 136 pp. § 17.11 Endangered and threatened Thorbjarnarson, J. B. 1994. Reproductive Accordingly, the Service hereby wildlife. ecology of the spectacled caiman (Caiman amends part 17, subchapter B of chapter crocodilus) in the Venezuelan Llanos. I, title 50 of the Code of Federal * * * * * Copeia, 1994:907–919. Regulations, as set forth below: (h) * * *

Species Vertebrate population Historic range where en- Status When Critical Special Common name Scientific name dangered or listed habitat rules threatened

******* REPTILES

******* Caiman, brown...... Caiman crocodilus fuscus (in- Mexico, Central Entire T(S/A) 695 NA 17.42(g) cludes Caiman crocodilus America, Co- chiapasius). lombia, Ecua- dor, Venezula, Peru. Caiman, common ...... Caiman crocodilus crocodilus ..... Brazil, Colom- Entire T(S/A) 695 NA 17.42(g) bia, Ecuador French Gui- ana, Guyana, Surinam, Ven- ezuela, Bo- livia, Peru. Caiman, yacare ...... Caiman yacare ...... Argentina, Bo- Entire T 3,695 N/A 17.42(g) livia, Brazil, Paraguay.

*******

3. Section 17.42 is amended by (ii) Caiman parts means body parts (v) Universal Tagging System adding a new paragraph (g) as follows: with or without skin attached (including Resolution means the CITES tails, throats, feet, and other parts, but (Convention on International Trade in § 17.42 Special rulesÐreptiles. excluding meat and skulls) and small Endangered Species of Wild Fauna and * * * * * cut skins pieces. Flora) resolution entitled ‘‘Universal Tagging System for the Identification of (g) Threatened caiman. This (iii) Caiman product means any paragraph applies to the following Crocodilian Skins’’ and numbered Conf. processed or manufactured product species: Yacare caiman (Caiman 9.22, and any subsequent revisions. items (including curios and souvenirs) yacare), the common caiman (Caiman (2) What activities involving yacare crocodilus crocodilus), and the brown that are ready for retail sale, and composed, totally or in part, of yacare caiman (Caiman yacare), the common caiman (Caiman crocodilus fuscus caiman (Caiman crocodilus crocodilus), including Caiman crocodilus caiman, brown caiman, or common caiman. and the brown caiman (Caiman chiapasius). These taxa will be crocodilus fuscus) are prohibited by this collectively referred to as ‘‘caiman.’’ (iv) Country of re-export means those rule? (i) Import, export, and re-export. (1) What are the definitions of terms intermediary countries that import and Except for the activities described in used in this paragraph (g)? (i) Caiman re-export caiman skins, parts, and/or paragraph (g)(3) of this section, it is skins means whole or partial skins, products. However, we will not unlawful to import, export, re-export, or flanks, chalecos, and bellies (whether consider intermediary countries those present for export or re-export without these are salted, crusted, tanned, through which caiman skins, parts, and/ valid permits (as required under 50 CFR partially tanned, or otherwise or products are shipped while parts 17 and 23) any caiman or their processed). remaining under Customs control. skins, other parts or products.

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(ii) Commercial activity. Except as container imported, exported, or re- made of specimens of caiman do not described in paragraph (g)(3) of this exported into/from the United States apply to non-commercial personal section, it is unlawful to sell or offer for after the effective date of the rule: effects in accompanying baggage or sale, deliver, receive, carry, transport, or (1) Must have a parts tag attached in household effects. ship in interstate or foreign commerce such a way that opening of the container (iv) Eggs and live specimens. This any caiman or their skins, other parts, will prevent later reuse of such tag; and special rule does not apply to live or products. (2) The parts tag must contain a specimens or eggs of caiman. Import of (iii) It is unlawful for any person description of the contents plus total such specimens requires an import subject to the jurisdiction of the United weight of the container and its contents. permit as described in 50 CFR 17.32. States to commit, attempt to commit, (C) The information on the export (4) When and how will we inform you solicit to commit, or cause to be permit or re-export certificate must be of additional restrictions in trade of committed any acts described in the same as that on the skin and part yacare caiman (Caiman yacare), the paragraphs (g)(2) (i) and (ii) of this tags, carry the same permit or certificate common caiman (Caiman crocodilus section. number, and be validated by the crocodilus), and the brown caiman (3) What activities involving yacare government authority designated as the (Caiman crocodilus fuscus)? Except in caiman (Caiman yacare), the common CITES document-issuing authority. rare cases involving extenuating caiman (Caiman crocodilus crocodilus), (D) The CITES permit or certificate circumstances that do not adversely and the brown caiman (Caiman accompanying shipments of caiman affect the conservation of the species, crocodilus fuscus) are allowed by this skins, parts, or products must contain the Service will issue a Notice of rule? The import/export/re-export of, or the following information: Information announcing additional the interstate/foreign commerce in (1) The country of origin, its export CITES restrictions in trade in specimens caiman skins, other parts, or products permit number, and date of issuance; of caiman dealt with in this paragraph may be allowed without a threatened (2) If re-export, the country of re- (g) if any of the following criteria are species permit (issued according to 50 export, its certificate number, and date met: CFR 17.32) only when the provisions in of issuance; and (i) The country is listed in a 50 CFR parts 13, 14, and 23, and the (3) If applicable, the country of Notification to the Parties by the CITES requirements of the applicable previous re-export, its certificate Secretariat as not having designated paragraphs below have been met. number, and date of issuance. Management and Scientific Authorities (i) Import, export, or re-export. The (E) The country of origin and any that issue CITES documents or their import, export, or re-export into/from intermediary country(s) must be equivalent. the United States of caiman skins, parts, effectively implementing the CITES (ii) The country is identified in any or products may be allowed provided Universal Tagging System Resolution. If action adopted by the Conference of the the following conditions are met: we receive persuasive information from Parties to the Convention, the (A) Each caiman skin imported into or the CITES Secretariat or other reliable Convention’s Standing Committee, or in exported or re-exported from the United sources that a specific country is not a Notification issued by the CITES States after the effective date of the final effectively implementing the CITES Secretariat, whereby Parties are asked rule must bear either: Universal Tagging System Resolution, not to accept shipments of specimens of (1) An intact, uncut tag from the we will prohibit or restrict imports from any CITES-listed species from the country of origin meeting all the such country(s) as appropriate for the country in question or of any requirements of the CITES Universal conservation of the species. crocodilian species listed in the CITES Tagging System Resolution, or (F) At the time of import, for each appendices. (2) An intact, uncut replacement tag shipment covered by this exception, the (iii) We determine, based on from the country of re-export where the country of origin and each country of re- information from the CITES Secretariat original tags were lost or removed from export involved in the trade of a or other reliable sources, that the raw, tanned, and/or processed skins. particular shipment must not be subject country is not effectively implementing These replacement tags must meet all to a Schedule III Notice of Information the CITES Universal Tagging System the requirements of the CITES Universal (see paragraph (g)(4) of this section) Resolution. Tagging System Resolution, except prohibiting or restricting imports of all (5) What are the approved showing the country of re-export instead wildlife or any members of the Order information collection requirements in of the country of origin, provided those Crocodylia. A listing of all countries this rule? The Office of Management and re-exporting countries have subject to such a Schedule III Notice of Budget approved the information implemented an administrative system Information is available by writing to: collection requirements contained in for the effective matching of imports Office of Management Authority, U.S. this special rule under the Paperwork and re-exports consistent with the Fish and Wildlife Service, Mail Stop Reduction Act and assigned clearance CITES Universal Tagging System ARLSQ–700, Washington, DC 20240, or number 1018–0093 as part of the permit Resolution. If a shipment contains more via e-mail at [email protected]. requirements contained in Part 23 of than 25 percent replacement tags, the (ii) Shipment of skulls, processed Title 50. We may not conduct or Management Authority of the re- meat, and scientific specimens. The sponsor, and you are not required to exporting country must consult with the import, export, and re-export into/from respond to, a collection of information U.S. Office of Management Authority the United States of skulls, processed unless it displays a currently valid OMB before clearance of the shipment. Such meat, and scientific specimens of control number. The collection of shipments may be seized if we caiman is allowed without permits information under this rule is done to determine that the requirements of the otherwise required by 50 CFR part 17, provide information necessary to CITES Universal Tagging System provided the requirements of part 23 are evaluate permit applications. We will Resolution have not been met. met. use this information to review permit (B) In accordance with the CITES (iii) Noncommercial accompanying applications and make decisions, Universal Tagging System Resolution, baggage. The conditions described in according to criteria established in all caiman parts must be placed in a paragraphs (g)(3)(i) and (ii) for skins, various Federal wildlife conservation transparent, sealed container. Each skulls, meat, other parts, and products statutes and regulations, on the

VerDate 272000 20:27 May 03, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM pfrm07 PsN: 04MYR1 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25881 issuance, suspension, revocation, or Northwest Region, NMFS, 206–526– from March 1–April 30, 2000.) The denial of permits. You must respond to 6140. Council recommended an incidental trip limit for other flatfish of 400 lb (181 obtain or retain a permit. We estimate SUPPLEMENTARY INFORMATION: The the public reporting burden for these following changes to current kg) per trip for large footrope trawls reporting requirements to vary from 20 management measures were between May and October so that unavoidable incidental catch would not minutes to 2 hours per response, with recommended by the Pacific Fishery have to be discarded. This amount is an average of 1 hour per response, Management Council (Council), in believed to be too small to encourage including time for reviewing consultation with the States of any target fishing for flatfish on the shelf instructions, gathering and maintaining Washington, Oregon, and California, at with large footrope gear, which is data, and completing and reviewing the its April 3–7, 2000, meeting in Portland, discouraged due to the potential forms. OR. Pacific coast groundfish landings interception of depleted species. Dover Dated: April 7, 2000. will be monitored throughout the year, and rex soles remain in the only flatfish Stephen C. Saunders, and further adjustments to the trip species in the FMP that are not managed limits will be made as necessary to stay Acting Assistant Secretary for Fish and according to the size of the trawl Wildlife and Parks. within the OYs and allocations footrope onboard; there continues to be [FR Doc. 00–11055 Filed 5–3–00; 8:45 am] announced in the annual specifications no poundage limit on arrowtooth BILLING CODE 4310±55±P and management measures for the flounder, petrale sole, and other flatfish groundfish fishery, published in the taken with small footrope trawls. Federal Register at 65 FR 221 (January DEPARTMENT OF COMMERCE 4, 2000), as amended at 65 FR 17805 Nearshore Minor Rockfish (April 5, 2000). A new strategy for managing rockfish National Oceanic and Atmospheric was implemented on January 1, 2000, Administration Housekeeping which reduced the amount of rockfish The Council made a number of available to nearshore commercial 50 CFR Parts 600 and 660 housekeeping recommendations that fisheries (65 FR 221, January 4, 2000, as [Docket No. 991223347±9347; I.D. 042600B] would remedy minor problems in the amended). When the current limits were management measures that were recommended by the Council in Fisheries Off West Coast States and in implemented at the beginning of the November 1999, there was a clear need the Western Pacific; Pacific Coast year. (1) The trip limits for Pacific ocean to reduce landings significantly, but Groundfish Fishery; Trip Limit perch (POP) were inadvertently applied there was no way to anticipate Adjustments coastwide even though POP south of reductions in participation. The best 40°10′ N. lat. were already included in AGENCY: available information at the April National Marine Fisheries the trip limits for minor slope rockfish. Service (NMFS), National Oceanic and Council meeting indicated that landings This document clarifies that the trip of rockfish through February 2000 were Atmospheric Administration (NOAA), limits for POP (line 5 in Tables 3, 4, and Commerce. minimal. Although the commercial 5) apply only north of 40°10′ N. lat., nontrawl fisheries are subject to a high ACTION: Fishing restrictions; request for South of 40°10′ N. lat., POP remains in degree of seasonality, it appears comments. the minor slope rockfish category. (2) unlikely that the current limits would SUMMARY: Flag rockfish are not found north of allow achievement of the nearshore NMFS announces changes to ° ′ trip limits in the Pacific Coast 40 10 N. lat., and in Table 2 are rockfish limited entry and open access groundfish fishery. These actions, removed from the minor shelf rockfish allocations. The Council recommended which are authorized by the Pacific category in that area. (3) New testimony that cautious increases to the nearshore Coast groundfish fishery management from fishers revealed that red-banded rockfish limits begin May 1, with further plan (FMP), are intended to help the rockfish are not caught on the adjustments to be made later in the year fisheries achieve optimum yield (OY). continental shelf, but are taken in as needed. Any increase runs some risk deeper waters. Consequently, red- DATES: Effective 0001 hours local time of accelerating the fisheries to the point banded rockfish, which is one of the May 1, 2000 (May 16, 2000 for the ‘‘B’’ where they would need to be closed minor rockfish species that occurs both platoon), unless modified, superseded before the end of the year, but the north and south of 40°10′ N. lat., is or rescinded, until the effective date of Council believed the risk to be moved from the shelf to the slope the 2001 annual specifications and preferable to continuing with limits that category in Table 2. These management measures for the Pacific provide very little opportunity for reassignments result in no change to the profitable trips. Even with these Coast groundfish fishery, which will be OYs or trip limits for any species or increases, the trip limits for nearshore published in the Federal Register. species group. Other provisions remain rockfish remain significantly lower than Comments on this rule will be accepted the same except as explained below. in recent years, and will not through May 19, 2000. accommodate the needs of the entire Flatfish ADDRESSES: Submit comments to open access fleet. The Council made the William Stelle, Jr., Administrator, The Council heard testimony that following recommendations: Northwest Region (Regional limited entry trawl fishers were For the limited entry nontrawl fishery Administrator), NMFS, 7600 Sand Point encountering small amounts of flatfish, north of 40°10′ N. lat., the nearshore Way N.E., BIN C15700, Bldg. 1, Seattle, particularly English sole, when fishing minor rockfish trip limit is changed WA 98115–0070; or Rodney McInnis, with large footropes in deeper water on from 2,400 lb (1,089 kg) per 2 months, Acting Administrator, Southwest the continental slope. Current of which no more than 1,200 lb (544 kg) Region, NMFS, 501 West Ocean Blvd., restrictions would have required the use may be species other than black or blue Suite 4200, Long Beach, CA 90802– of small footrope gear for landings of rockfish, to 3,000 lb (1,361 kg) per 2 4213. any flatfish except Dover and rex soles months, of which no more than 1,400 lb FOR FURTHER INFORMATION CONTACT: between May 1–October 31, 2000. (This (635 kg) may be species other than black Katherine King or Yvonne deReynier, provision also applies to petrale sole or blue rockfish.

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