Endangered and Threatened Wildlife and Plants; Final Rule to Remove the Morelet’S Crocodile from the Federal List of Endangered and Threatened Wildlife; Final Rule

Vol. 77 Wednesday, No. 100 May 23, 2012

Part IV

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Rule To Remove the Morelet’s Crocodile From the Federal List of Endangered and Threatened Wildlife; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary On May 26, 2005, the Service received a petition from the Government of (1) Purpose of the Regulatory Action Fish and Wildlife Service Mexico’s Comisio´n Nacional para el We are delisting the Morelet’s Conocimiento y Uso de la Biodiversidad 50 CFR Part 17 crocodile throughout its range due to (CONABIO) to remove the Morelet’s recovery under the Endangered Species crocodile from the List of Endangered [Docket No. FWS–R9–ES–2010–0030; Act (16 U.S.C. 1531 et seq.) and Threatened Wildlife at 50 CFR 92210–1113–0000–C6] Conservation actions by the three range 17.11. countries of Mexico, Belize, and Based on the information provided, RIN 1018–AV22 Guatemala have eliminated or the Service’s 90-day finding on the significantly reduced the threats to the petition, which was published in the Endangered and Threatened Wildlife species to point that it is no longer Federal Register on June 28, 2006 (71 and Plants; Final Rule To Remove the endangered or threatened. Wild FR 36743), stated that the petition Morelet’s Crocodile From the Federal populations have increased provided substantial information to List of Endangered and Threatened substantially since restrictions on indicate that the requested action may Wildlife commercial harvest and trade were be warranted. In that finding, we instituted in the 1970s. Species experts announced that we had initiated a status AGENCY: Fish and Wildlife Service, now widely characterize Morelet’s review of the species as required under Interior. crocodile populations as healthy. section 4(b)(3)(A) of the Act, and that ACTION: Final rule. we were seeking comments on the (2) Major Provision of the Regulatory petition, as well as information on the Action SUMMARY: Under the authority of the status of the species, particularly in Endangered Species Act of 1973, as This action is authorized by the Belize and Guatemala. The Service also amended (Act), we, the U.S. Fish and Endangered Species Act of 1973 (Act), solicited comments or additional Wildlife Service (Service), are removing as amended. information from counterparts in the Morelet’s crocodile (Crocodylus We are amending § 17.11(h), Mexico, Belize and Guatemala. moreletii) throughout its range from the subchapter B of chapter I, title 50 of the On April 27, 2011, the Service Federal List of Endangered and Code of Federal Regulations by published in the Federal Register a rule Threatened Wildlife due to recovery. removing the entry for ‘‘Crocodile, proposing to delist the Morelet’s This action is based on a thorough Morelet’s’’ from the List of Endangered crocodile from the Federal List of review of the best available scientific and Threatened Wildlife. Endangered and Threatened Wildlife (76 FR 23650). With publication of the and commercial data, which indicate (3) Costs and Benefits that the species’ status has improved to proposed rule, we implemented the This is a delisting action, and the Service’s peer review process and the point that the Morelet’s crocodile is Office of Management and Budget not likely to become threatened within opened a 60-day comment period to (OMB) has designated it as not solicit scientific and commercial the foreseeable future throughout all or significant. Therefore, we have not information on the species from all a significant portion of its range. After analyzed the costs or benefits of this interested parties. For more detailed the effective date of this final rule, the rulemaking action. information on previous Federal Morelet’s crocodile will remain actions, please refer to the April 2011 protected under the provisions of the Previous Federal Actions proposed rule. Convention on International Trade in The Morelet’s crocodile was listed as We based this action on a review of Endangered Species of Wild Fauna and endangered throughout its entire range the best scientific and commercial Flora. under the predecessor of the Act via a information available, including all DATES: This rule becomes effective June rule published in the Federal Register information received during the public 22, 2012. on June 2, 1970 (35 FR 8491). Import comment period. In the April 27, 2011, ADDRESSES: This final rule is available into, export from, or re-export from the proposed rule, we requested that all on the Internet at http:// United States, as well as other interested parties submit information www.regulations.gov and comments and prohibitions, including movement in that might contribute to development of materials received, as well as supporting the course of a commercial activity and a final rule. We also contacted documentation used in the preparation sale in interstate or foreign commerce, appropriate scientific experts and of this rule, will be available for public of endangered species and their parts organizations and invited them to inspection, by appointment, during and products, are prohibited under the comment on the proposed delisting. We normal business hours at: U.S. Fish and Act unless otherwise authorized. received comments from five Wildlife Service, 4401 N. Fairfax Drive, Authorizations for endangered species individuals; two of those comments Suite 400, Arlington, VA 22203. can only be made for scientific purposes were from peer reviewers. or to enhance the propagation or FOR FURTHER INFORMATION CONTACT: survival of the species. On July 1, 1975, Summary of Comments and Janine Van Norman, Chief, Branch of the Morelet’s crocodile was listed in Recommendations Foreign Species, Endangered Species Appendix I of CITES. These protections We reviewed all comments we Program, U.S. Fish and Wildlife Service, were put in place because the species received from the public and peer 4401 North Fairfax Drive, Room 420, had suffered substantial population reviewers for substantive issues and Arlington, VA 22203; telephone 703– declines throughout its range due to new information regarding the proposed 358–2171; facsimile 703–358–1735. If habitat destruction and overexploitation delisting of this species, and we address you use a telecommunications device through the commercial crocodilian those comments below. Overall, the for the deaf (TDD), call the Federal skin trade. CITES Appendix I includes commenters and peer reviewers Information Relay Service (FIRS) at species that are ‘‘threatened with supported the proposed delisting. Belize 800–877–8339. extinction which are or may be affected and Guatemala did not submit SUPPLEMENTARY INFORMATION: by trade.’’ comments.

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Peer Review as killing, subsistence hunting, and Our Response: We revised that section In accordance with our policy fishing net entanglement are unlikely to to reflect this correction. published on July 1, 1994 (59 FR constitute significant impacts to (6) Comment: One peer reviewer 34270), we solicited expert opinions population persistence or even to asserted our statement pertaining to from six individuals with scientific recovery. ‘‘Nests, usually constructed of leaf expertise that included familiarity with Our Response: We agree, and have mounds * * *’’ was incomplete. They the species, the geographic region in included revised language in this rule. stated that Morelet’s crocodile nests are which the species occurs, and (3) Comment: One peer reviewer constructed of various types and conservation biology principles. We stated that although the finding refers to components of vegetation such as received responses from two of the peer a ‘‘rule,’’ there were very few rules grasses and sedges, leaves and soil, as reviewers from whom we requested governing this species, unlike other well as other materials, such as woody comments. They generally agreed that crocodilian species such as the saltwater debris. the description of the biology and crocodile, some caimans, and Nile Our Response: We revised that section habitat for the species was accurate and crocodile, in which there are to include the other nesting materials based on all relevant literature. Some requirements governing trade, use, highlighted by the peer reviewer. new information was provided, as well marking, etc. (7) Comment: One peer reviewer as technical clarifications, as described Our Response: Those particular noted that the proposed rule had a below. Technical corrections suggested crocodilians were reclassified to number of repetitious sections where by the peer reviewers have been ‘‘Threatened’’ status under the Act with the same information was presented incorporated into this final rule. In some a special rule under section 4(d) of the almost word for word (e.g. the sections cases, it has been indicated in the Act, governing crocodilians (see 50 CFR describing Mexico’s 2010 CITES citations by ‘‘personal communication’’ 17.42(c)). The Service notes that the proposal.) (pers. comm.), which could indicate Morelet’s crocodile is being delisted, Our Response: We agree, and have either an email or telephone and will no longer fall under the limited the CITES 2010 discussion to conversation; in other cases, the provisions of the Act, and therefore will Factor D., Inadequacy of Existing research citation is provided. Public have no further requirements under the Regulatory Mechanisms, Mexico’s Comments Act. However, this species will be Proposal To Transfer the Morelet’s The Service only received substantive subject to the requirements of 50 CFR Crocodile to CITES Appendix II. We comments from peer reviewers. There part 23 regulations, concerning the refer back to this discussion in Factor D were no substantive comments from the Convention on International Trade in as needed. public. Endangered Species of Wild Fauna and (8) One of the peer reviewers Flora, (CITES), and 50 CFR part 13 expressed concern about effective Peer Reviewer Comments (General Permit Procedures) and 50 CFR enforcement, after delisting. He stated (1) Comment: One peer reviewer part 14 (Importation, Exportation, and that, due to financial constraints, disagreed with our statement that Transportation of Wildlife). We have limited personnel, and other factors, ‘‘Unlike most other species of included this statement in this final ‘‘effective enforcement of wildlife laws crocodilians, the Morelet’s crocodile rule. and regulations can be difficult to lacks bony plates beneath the skin (4) Comment: One reviewer stated impossible to achieve in the range (osteoderms) * * *’’ The reviewer that they were not aware of any countries. stated that 14 of 23 extant crocodilian information on trade, biology, or Our Response: The principle threat to species share that same characteristic. populations in Guatemala. However, Morelet’s crocodiles was trade for the He suggested we change the language to they spoke to Dr. Frank Mazzotti crocodilian skin trade. Illegal harvest or ‘‘Like many crocodilians * * *’’ regarding his work referenced in the killing of individuals perceived as Our Response: The Service agrees, proposed rule (76 FR 23682) pertaining threats to humans or livestock cannot be and we have revised the statement to to a national crocodile management completely precluded, but enforcement incorporate this change. program with the Belize Forestry of controls on domestic and (2) Comment: One peer reviewer Department and Lamanai Field Research international trade severely limit any suggested that caution be made when Center. The reviewer reports with Dr. commercial incentives. In this rule we discussing threats; we should not Mazzotti’s consent that this effort has state that even with this delisting of the assume that mortality factors affecting resulted in little progress being made. species under the Endangered Species some crocodiles constitute a threat that As of June 20, 2011, Dr. Mazzotti was Act, ‘‘the status of the species under affects population recruitment or in Belize trying to reactivate the CITES, which is an international trade population growth trajectory. He noted program. agreement (see Factor D., Inadequacy of that crocodilians have a robust life- Our Response: We have updated the Existing Regulatory Mechanisms, history strategy, including repeated section pertaining to Dr. Mazzotti’s Mexico’s Proposal To Transfer the production of offspring at intervals efforts in trying to reactivate this effort. Morelet’s Crocodile to CITES Appendix throughout their life cycle; long (5) Comment: One peer reviewer II), will continue to preclude the trade reproductive lives; high fecundity; and asserted our statement pertaining to the of wild specimens for commercial low egg and hatchling survival, likely Morelet’s crocodile’s size attained at purposes and therefore should not enhanced by crocodilian parental care sexual maturity was incorrect: create additional pressure on wild demonstrated for most species, ‘‘Morelet’s crocodiles attain sexual populations in any of the range states, including Crocodylus moreletii. The maturity at about 4.9 ft. (1.5 m) in as long as enforcement remains combined result is that crocodilians can length, at approximately 7–8 years of effective.’’ The Service feels that sustain relatively high levels of age.’’ The reviewer asserted that this enforcement under CITES is effective at mortality at all life stages without only pertains to females (see Platt et al. curtailing illegal trade of Morelet’s reducing recruitment or population 2008). Males attain sexual maturity at crocodile, and there is no indication growth. Thus the persistence of some larger sizes than females, although this that it will change in the immediate anthropogenic threats at low levels such size may vary by habitat, nutrition, etc. future.

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Summary of Changes From Proposed on populations that had been heavily al. 1995, p. 173). Adult females build Rule impacted by hunting, and which now nests and lay 20–40 eggs per clutch We fully considered the comments we contained few large adults. The (Hurley 2005, p. 3; Sańchez 2005, p. 6), received from the public on the Morelet’s crocodile is distinguished with an average of 35 eggs per clutch proposed rule when developing this from other crocodiles, particularly the (CITES 2008, p. 9; CITES 2010a, p. 3). final delisting of the Morelet’s crocodile. partially sympatric (having the same or Nests consist of mounds composed of This final rule incorporates changes to overlapping distribution) and somewhat grasses, sedges, leaves, soil and woody our proposed delisting based on the larger American crocodile, by the material (Rainwater 2011, pers. comm.), comments that we received (discussed number of dorsal scales in each and are generally constructed at the transverse row on its back, the number beginning of the wet season (April– above) and newly available scientific and arrangement of nuchal scales June). They are located on the shores of and commercial information. Reviewers (located at the nape of the neck), and freshwater wetlands, as well as in generally commented that the proposed irregular scales on the ventrolateral coastal lagoons and mangrove patches rule was very thorough and (lower side) surface of the tail (Meerman (Platt et al. 2008a, pp. 179–182). comprehensive. We made some 1994, p. 110; Navarro Serment 2004, pp. An analysis based on DNA technical corrections based on new, 55–56; Platt and Rainwater 2005, p. 27; microsatellite data from hatchlings although limited, information presented Hernańdez Hurtado et al. 2006, p. 376; collected at 10 Morelet’s crocodile nests by the peer reviewers. None of the Platt et al. 2008b, p. 294). The Morelet’s in Belize showed that progeny from 5 of information, however, changed our crocodile has six nuchal scales of the 10 nests were sired by at least two determination that delisting this species similar size compared to other crocodile males (McVay et al. 2008, p. 643). These is warranted. species, which have either four nuchal data suggested that multiple paternities Species Information scales or four large nuchal scales and was a mating strategy for the Morelet’s two small ones (CITES 2010a, p. 11). crocodile and was not an isolated event. Three species of crocodilians occur in Like many crocodilians, the Morelet’s In addition, this information may be Mexico and Central America. The crocodile lacks bony plates beneath the useful in the application of conservation Morelet’s crocodile and the American skin (osteoderms), making their skin and management techniques for the crocodile (Crocodylus acutus) co-occur more valuable as leather (Hurley 2005, species. in Mexico, Belize, and Guatemala p. 9). Adults have a yellowish-olive The eggs of Morelet’s crocodiles hatch (Schmidt 1924, pp. 79 and 85; Stuart black skin, usually showing big black in September–October, 65–90 days after 1948, p. 45). While their ranges overlap, spots at the tail and at the back area, they are laid. Females attend the nest the American crocodile has a much which in some adults can be entirely during incubation, and can assist the larger range than the Morelet’s black. The ventral (underside) area is newborns to leave the nest. Both parents crocodile, and is found in the United light in color, with a creamy yellowish protect juveniles against predators and States in the State of Florida, as well as tone. A thick and soft skin has made the other adult crocodiles (CITES 2010a, p. in the Caribbean, on Pacific and Atlantic Morelet’s crocodile desirable for 3). Nest failures due to flooding and coasts of Central America and in commercialization (CITES 2010a, p. 3). predation, both avian and mammalian, northern South America, in Venezuela, Opportunistic carnivores, juvenile are common (Platt et al. 2008a, p. 184). Colombia, Ecuador, and northern Peru. Morelet’s crocodiles feed on small Expected lifespan in the wild is 50–65 A third species, the common or invertebrates, especially insects and years (Hurley 2005, p. 4.) The Morelet’s spectacled caiman (Caiman crocodilus) arachnids, while subadults eat a more crocodile exhibits and shares with other occurs in Mexico and Guatemala, but is diverse diet including mollusks, crocodilians many acoustic and visual absent from Belize. The distribution of crustaceans, fish, amphibians, and small signals that convey reproductive, the common caiman also extends into reptiles. Adult crocodiles consume territorial, and other types of northern South America (Ross 1998, pp. reptiles, birds, and mammals (Platt et al. information (Senter 2008, p. 354). 14–17; Thorbjarnarson 1992, pp. 82–85). 2002, p. 82; Sańchez 2005, p. 7; Platt et The Morelet’s crocodile occurs The Morelet’s crocodile was named after al. 2006, pp. 283–285; CITES 2008, p. 9, primarily in freshwater environments a French naturalist, P.M.A. Morelet CITES 2010a, p. 3). This species is also such as lakes, swamps, and slow- (1809–1892), who discovered this known to exhibit necrophagy moving rivers, but can temporarily species in Mexico, in 1850 (Britton (consumption of dead animal carcasses inhabit intermittent freshwater bodies, 2008, p. 1). The type locality of the over an extended period (several days)) such as flooded savannahs, and is species was later restricted to and interspecific kleptoparasitism occasionally observed in brackish ‘‘Guatemala, El Peten, Laguna de Peten’’ (stealing of food from one individual by coastal lagoons (Villegas 2006, p. 8). when the species was scientifically another individual) (Platt et al. 2007, p. Floating and emergent vegetation described. In Mexico, the Morelet’s 310). Female Morelet’s crocodiles attain provide cover to protect young crocodile is known as ‘‘lagarto’’ or sexual maturity at about 4.9 ft. (1.5 m) crocodiles from predators, including ‘‘swamp crocodile’’ (Rodriguez-Quivedo in length, at approximately 7–8 years of cannibalism by adult crocodiles et al. 2008). age. Males attain sexual maturity at (Sańchez 2005, p. 7). In contrast to the The Morelet’s crocodile is a larger sizes than females, although this Morelet’s crocodile, the American ‘‘relatively small species’’ that usually size may vary by habitat, nutrition, and crocodile feeds mainly on fish and attains a maximum length of other environmental factors (Rainwater occurs primarily in coastal or brackish approximately 9.8–11.5 ft. (3–3.5 m 2011, pers. comm.) environments, such as coastal mangrove (Sańchez 2005, p. 4); Britton 2008, p. A growth rate of 0.63 inches (in) per swamps, brackish and saltwater bays, 1)), with most wild adults ranging in month (1.6 centimeters (cm) per month) lagoons, marshes, tidal rivers, and length 6.6–8.2 ft. (2–2.5 m). Hurley was observed in Morelet’s crocodiles brackish creeks. American crocodiles (2005, p. 2), however, reported during the first 3 years of life under can also be found in abandoned coastal specimens attaining 15.4 ft. (4.7 m). protected conditions in Mexico, while a canals and borrow pits, and may range Platt and Rainwater (2005, p. 25) stated rate of 0.94–1.18 in per month (2.4–3.0 inland into freshwater environments that size estimates where shorter lengths cm per month) was achieved under preferred by the Morelet’s crocodile, were documented were probably based farming conditions (Pe´rez-Higareda et such as lakes and lower reaches of large

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rivers. American and Morelet’s Campeche State. However, populations detail in CONABIO 2005, pp. 16–19) crocodiles have been known to lay eggs of Morelet’s crocodiles were not and frequency of encounter rates within the same nest mound as depleted in southern Chiapas State and (derived from country-specific field conspecifics, suggesting a more eastern Quintana Roo State (Sian Ka’an research), the potential global gregarious and tolerant demeanor (Brien Biosphere Reserve). population of free-ranging Morelet’s et al. 2007, pp. 17–18). Few historical estimates for the crocodiles in 2004 was estimated to be The historical distribution of the Morelet’s crocodile in Belize are 102,432 individuals (all age classes; Morelet’s crocodile comprised the available, but based on surveys during 79,718 individuals in Mexico, 8,803 in eastern coastal plain of Mexico, most of 1978 and 1979, Abercrombie et al. Belize, and 13,911 in Guatemala), the Yucatan Peninsula, Belize, and (1980, p. 103) reported that very few including approximately 19,400 adults northern Guatemala (Hurley 2005, p. 1), adults were observed in areas where (CONABIO 2005, pp. 17–19). with an estimated historical distribution they had previously been relatively covering 173,746 mi2 (450,000 km2) abundant. This condition was attributed Summary of Factors Affecting the (Sigler and Domıńguez Laso 2008, pp. to overexploitation (i.e., commercial Species 11–12). Approximately 51 percent of the trade in hides). Thorbjarnarson (1992, p. Section 4 of the Act and its original geographic distribution in 55) characterized the Morelet’s implementing regulations, 50 CFR 424, Mexico remains undisturbed, while crocodile populations in the early 1990s set forth the procedures for listing, approximately 49 percent is disturbed as generally depleted in the northern reclassifying, or removing species from or altered (Mexico 2006, p. 17, CITES part of Belize, but relatively abundant in the Federal Lists of Endangered and 2010a, p. 16). In linear terms, the several other areas. Abercrombie et al. Threatened Wildlife and Plants. amount of undisturbed shoreline habitat estimated the total population of ‘‘Species’’ is defined by the Act as available in Mexico to the Morelet’s Morelet’s crocodiles older than 9 including any species or subspecies of crocodile is about 15,534 mi (25,000 months of age in Belize at 2,200–2,500 fish or wildlife or plants, and any km) of shoreline, which is individuals (Abercrombie et al. 1982, p. distinct vertebrate population segment approximately 72 percent of the total 16). Nothing was known in the scientific of fish or wildlife that interbreeds when undisturbed shoreline habitat available literature at that time about populations mature (16 U.S.C. 1532(16)). Once the throughout the species’ range. in the southern part of Belize. The only ‘‘species’’ is determined, we then According to CONABIO, the amount of available countrywide estimates for the evaluate whether that species may be undisturbed shoreline habitat available Morelet’s crocodile in Belize suggested endangered or threatened because of to the Morelet’s crocodile in Belize and a total population size of 25,000–30,000 one or more of the five factors described Guatemala is estimated to be 2,050 mi individuals that was declining in in section 4(a)(1) of the Act. We must (3,300 km) and 4,163 mi (6,700 km), number in 1945, was near depletion consider these same five factors in respectively, or 9 and 19 percent of the between 1970 and 1980, and, in reclassifying or delisting a species. For total undisturbed shoreline habitat response to several protective measures, species that are already listed as available throughout the species’ range had undergone a slow recovery by 2000 endangered or threatened, the analysis (CONABIO 2005, pp. 16–19). to about 20,000 individuals (Finger et of threats must include an evaluation of Historical estimates of total al. 2002, p. 199). population sizes in the three range Thorbjarnarson (1992, p. 64) both the threats currently facing the countries are unavailable or imprecise, characterized the Guatemalan species, and the threats that are and we were not able to find any populations in the early 1990s as reasonably likely to affect the species in additional data on historical, rangewide depleted, but capable of recovery. He the foreseeable future following the population estimates for the species. indicated that 75 individuals had been delisting or downlisting and the While not quantifiable or documented reported at three lakes in the Peteń removal or reduction of the Act’s by field surveys, Lee (1996, p. 134) Region, in the northern portion of the protections. We may delist a species characterized the historical distribution country, and that Morelet’s crocodiles according to 50 CFR 424.11(d) if the best and abundance of the Morelet’s were known to be common in other available scientific and commercial data crocodile in the Yucatan Peninsula of parts of that region. indicate that the species is neither Mexico as follows: ‘‘Throughout its By the late 1990s, little had changed endangered nor threatened for the range, nearly every local aguada (flood) with regard to our knowledge of the following reasons: (1) The species is has (or had) its lagarto, which generally distribution and abundance of the extinct; (2) the species has recovered proves to be C. moreletii.’’ The same Morelet’s crocodile. In ‘‘Crocodiles: and is no longer endangered or probably could be said about Belize and Status survey and conservation action threatened; and/or (3) the original Guatemala. plan (second edition),’’ Ross (1998, pp. scientific data used at the time the It has been widely reported, however, 46–47) characterized several species was classified were in error. that by the middle of the 20th century, populations of Morelet’s crocodiles in Factor A. Present or Threatened populations of Morelet’s crocodiles all three countries as depleted. In some Destruction, Modification, or were widely depleted due primarily to areas, however, including the Lacandoń Curtailment of the Species’ Habitat or overharvest for commercial purposes Forest (Chiapas State, Mexico) and the Range during the 1940s and1950s. In Sian Ka’an Biosphere Reserve (Quintana ‘‘Crocodiles: An action plan for their Roo State, Mexico), healthy populations The overharvest for commercial conservation,’’ Thorbjarnarson (1992, p. of the Morelet’s crocodile existed. These purposes, rather than habitat 68 and the references cited therein) findings were based on anecdotal destruction or modification, was the characterized the Mexican populations reports and incidental records; primary reason for the Morelet’s of Morelet’s crocodiles in the early numerical data were not readily crocodile being listed under the Act and 1990s as very depleted in the Mexican available. its inclusion in CITES. However, the Act States of Tamaulipas and Veracruz, Based on extrapolations of habitat requires an analysis of current and recovering to some degree and viable in relationships (e.g., vegetation type, size future potential impacts to the species northeastern Mexico, and severely of wetland/riverine feature, and based on modification or destruction of threatened in Tabasco State and disturbance factors, described in more habitat.

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The petition (CONABIO 2005) require undisturbed habitat in order to become established in the wild at three highlights habitat degradation as a occupy a site. Habitat mapping resulted sites: Chacahua, Oaxaca State; Villa potential threat, especially if it involves in an estimated minimum of 15,675 mi Flores, Chiapas State; and Laguna de lack of prey and eventual contamination (25,227 km) of shoreline as suitable Alcuzahue, Colima State (A´ lvarez of water bodies. Currently, the extent of Morelet’s crocodile habitat in Mexico, Romero et al. 2008, p. 415). Several habitat degradation is estimated to be which is 72 percent of the estimated captive-breeding facilities along the moderate in Mexico and Belize, and suitable shoreline habitat available Pacific coast in western Mexico contain slightly higher in northern Peteń, throughout the species’ range Morelet’s crocodiles. These facilities are Guatemala (CONABIO 2005, Annex 1, p. (CONABIO 2005, pp. 14–16). located in areas outside of the reported 10). However, as stated previously, Population characteristics of the range of the species, but potentially historical estimates of rangewide habitat Morelet’s crocodiles in Mexico were within appropriate habitat for this destruction for the Morelet’s crocodile also determined during the 2000–2004 species. Concerns have been raised are unavailable or imprecise. We found field surveys. All age classes were well about these introductions and the that the data on habitat destruction were represented (34 percent juveniles, 47 potential negative impacts of this primarily presented separately for each percent subadults, and 19 percent ‘‘exotic’’ or ‘‘invasive’’ species on the individual country. Therefore, the adults), indicating good recruitment local biota (A´ lvarez Romero et al. 2008, following analysis of the potential (Domıńguez-Laso et al. 2005, p. 31). A pp. 415, 417). Although genetic threats to the species from habitat higher proportion of males to females evidence suggests that hybridization destruction or modification first (1.55 to 1 overall versus about 1 male with the American crocodile is a long- presents the specific information per female) were observed in all age standing, natural situation (Ross, 2011 available for the Morelet’s crocodile in classes, except older subadults pers. comm.), Mexico is making efforts each country, and then presents the (Domıńguez-Laso et al. 2005, pp. 33– to diagnose potential threats to the general information that was available 34). Mean frequency of encounter, based native American crocodile caused by for the species as a whole. on 62 localities surveyed—excluding hybridization with the introduced one outlier site with an atypically large Morelet’s crocodile on the Pacific coast Mexico crocodile population—was 5.76 of Mexico. The goal of these efforts is to The Morelet’s crocodile is known individuals per 0.62 mi (= 1 kilometer generate morphological and molecular historically from 10 states in Mexico (km) of shoreline ((mode = 3.16 identification materials and study the (from east to west): Quintana Roo, individuals per km); Domıńguez-Laso et population dynamics of the American Yucatań, Campeche, Chiapas, Tabasco, al. 2005, pp. 30, 40). These frequency of crocodile. It will include monitoring Veracruz, Oaxaca, Hidalgo, San Luis encounter rates were similar to those and harvest of Morelet’s crocodiles and Potosı´, and Tamaulipas (A´ guilar 2005, reported for other sites, for example: (1) hybrids for scientific research (CITES p. 2). Based on available information Sigler et al. (2002, p. 222) reported rates 2010a, p. 6). and interviews during a 1995 site visit of 8.33–18.5 individuals per km) at According to the information to Mexico by the IUCN Crocodile various sites throughout Mexico and presented in CONABIO 2005, the Specialist Group, Ross (1998, pp. 13) commented that these were the highest Morelet’s crocodile in Mexico occupies suggested ‘‘with some confidence’’ that rates ever reported for that country; (2) at least 12 protected areas (CONABIO the Morelet’s crocodile was widely Ceden˜ o-Va´zquez (2002, p. 353) reported 2005, p. 30 and Annex 6). Part of the distributed throughout most of its rates of 1–2 individuals per km), when Sistema Nacional de A´ reas Naturales original range. These states were present (22 of 40 surveys; 711 Protegidas (SINANP or National System resurveyed between 2000 and 2004 to individuals counted; all age classes of Protected Natural Areas, described assess current Morelet’s crocodile represented; hatchlings in September), more fully in the Factor D section, populations in those areas. at Bahia de Chetumal and Rıó Hondo, Inadequacy of Existing Regulatory Surveys conducted between 2000 and Mexico (n = 17 sites) and commented on Mechanisms), encompasses 13 percent 2004 documented the widespread the recovery of the species; (3) Ceden˜ o- of the species’ range and includes the distribution and relative abundance of Va´zquez et al. (2006, p. 15) reported following areas: Los Tuxtlas Biosphere wild populations of the Morelet’s rates of 7.6 and 5.3 individuals per km Reserve, Pantanos de Centla Biosphere crocodile in Mexico (Domıńguez-Laso et at La Arriguen˜ a, Campeche State, and Reserve, Laguna de Te´rminos Biosphere al. 2005, pp. 21–30; also summarized in commented that this suggested a healthy Reserve, Hampolol Wildlife Sańchez Herrera 2000, pp. 17–19; population. A population estimate— Conservation and Research Center, El CONABIO 2005, pp. 11–13 and Annex based on (a) extrapolations of 3.16 Palmar State Preserve, Rıá Lagartos 5; Sańchez Herrera and A´ lvarez-Romero individuals per km, (b) 19 percent Biosphere Reserve, Yum Balam 2008, p. 415; Garcıá et al. 2007, pp. 31– adults, and (c) a cautious estimate of Biosphere Reserve, Laguna Nichupte, 32; Sigler and Domıńguez Laso 2008, occupied habitat (15,675 mi (25,227 km) Sian Ka’an Biosphere Reserve, Bahia pp. 11–13). Surveys found Morelet’s of river habitat)—produced a result of Chetumal (Bay), and Rıó Hondo (River). crocodiles at 63 sites across all 10 approximately 79,718 wild individuals The Government of Mexico’s 2010 Mexican states comprising the species’ (all ages) in Mexico comprising 78 CITES proposal to transfer the Morelet’s entire historic range in Mexico percent of the total wild population, crocodile from CITES Appendix I to (CONABIO 2005, p. 12). Habitat including approximately 15,146 adults CITES Appendix II provided updated evaluations based on five environmental in Mexico (Domıńguez-Laso 2005, p. information on the number of protected components rated habitat quality as 40). areas for the Morelet’s crocodile in excellent at 10 sites (24 percent), or as New information now available to the Mexico. About 77 Federal and certified favorable or suitable at 24 sites (57 Service documents updates in the protected areas in Mexico provide percent). Furthermore, evidence of the geographic distribution of the Morelet’s shelter and legal protection to the presence of the Morelet’s crocodile was crocodile in Mexico. Because of several Morelet’s crocodile in its potential found in cultivated areas and at sites unauthorized introductions or escapes range. Of these, 11 have records of the with ‘‘intermediate’’ quality habitats from captive-breeding facilities in areas species covering 7,763,147 acres (CONABIO 2005, p. 13). This suggested outside of the reported range of the (3,141,634 hectares (ha)) (CITES 2010a, that the Morelet’s crocodile does not species, the Morelet’s crocodile has pp. 11, 17–20). The Government of

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Mexico designated 8 of the 11 protected 2005, p. 33). This threat of habitat these two protection mechanisms as areas containing Morelet’s crocodiles as degradation is ameliorated in Mexico by providing separate, but complementary, Biosphere Reserves, and the 3 remaining the Ley General de Equilibrio Ecolo´gico habitat protection as part of our analysis protected areas containing Morelet’s y Proteccio´n al Ambiente (LGEEPA; of habitat protection under this final crocodiles as Flora and Fauna General Ecological Equilibrium and rule. Protection Areas. As stated above, these Environmental Protection Law). This We find that the information protected areas are part of SINANP 1988 law has strict restrictions against presented in the petition, as well as the (described more fully in the Factor D land use changes in Mexico, especially additional information available to the section, Inadequacy of Existing for undisturbed habitat such as those Service, represents the best available Regulatory Mechanisms). areas used by the Morelet’s crocodile scientific and commercial data on The Government of Mexico’s 2010 (CONABIO 2005, p. 25). This law is habitat destruction or modification for CITES proposal used both a narrative supported by several others in Mexico Morelet’s crocodiles in Mexico. description (CITES 2010a, p. 11) and a that ensure the conservation of native Although moderate habitat destruction list (CITES 2010a, pp. 17–20) to indicate flora and fauna in Mexico (see or modification is currently affecting that there are 11 federally protected discussion in the Factor D section, local populations of Morelet’s areas in Mexico containing Morelet’s Inadequacy of Existing Regulatory crocodiles in Mexico, and this is likely crocodile. CONABIO 2005 used a Mechanisms; also see CONABIO 2005, to continue in the foreseeable future, narrative description (CONABIO 2005, Annex 3). these activities would not have a p. 30) to indicate that there are at least According to the information significant impact on the species 12 federally protected areas in Mexico presented by CONABIO, even in the because they would be subject to containing Morelet’s crocodile historic context of prolonged habitat conservation measures under the (CONABIO 2005, p. 30), but did not alteration, wild populations of Morelet’s Government of Mexico’s regulatory include a list of the federally protected crocodiles remained abundant; so much framework. This framework will areas. Based on the information so that large, commercial exploitation of continue to provide adequate protection available to the Service, we were unable the species was occurring up until to the Morelet’s crocodile and its habitat to find any additional data to explain federal and international protections in the foreseeable future. Surveys the difference in the numbers of were put in place 40 years ago. conducted found Morelet’s crocodiles at federally protected areas cited in these Alteration of Morelet’s crocodile habitat 63 sites across all 10 Mexican states two documents. The Government of occurring since then may have comprising the species’ entire historic Mexico’s 2010 CITES proposal is the produced some additional reductions in range in Mexico (CONABIO 2005, p. more recent document, and we consider local populations, but these reductions 12). Given that Mexico contains more it to contain the best available scientific are not comparable to those of the past. than 85 percent of the species’ natural and commercial data on the number of In addition, even in areas where range and an estimated 78 percent of all federally protected areas in Mexico. changes to the original environment are The Convention on Wetlands of not reversible, evidence points to a wild individuals, that 7,763,147 ac International Importance especially as certain degree of tolerance by Morelet’s (3,141,634 ha) of habitat are protected Waterfowl Habitat (also known as the crocodiles, especially when the habitat by the Government of Mexico, and that Ramsar Convention) is an alterations are a result of agriculture or 6,779,875 ac (2,743,718 ha) of habitat intergovernmental treaty that provides a low technology livestock production are protected by the Ramsar Convention, framework for international cooperation (CONABIO 2005, p. 25). we conclude that habitat destruction or for the conservation of wetland habitats. Based on surveys, it appears that the modification is neither a threat to, nor CONABIO 2005 did not provide Morelet’s crocodile in Mexico occurs in is it anticipated to significantly impact, information on whether the Ramsar all 10 states from where it traditionally the Morelet’s crocodile in Mexico in the Convention protects any Morelet’s has been reported (CONABIO 2005, pp. foreseeable future. crocodile habitat in Mexico. However, 11–19). Although approximately 49 Belize this information was included in the percent of the original range in Mexico Government of Mexico’s 2010 CITES has been altered, much of the altered The Morelet’s crocodile was proposal. According to their 2010 CITES habitat is still occupied by the Morelet’s historically known from all six districts proposal, there are 41 Ramsar sites in crocodile. Approximately 77,220 mi2 in Belize (from north to south): Corozal, the potential range of the Morelet’s (200,000 km2) of undisturbed habitat Orange Walk, Belize, Cayo, Toledo crocodile in Mexico, 13 of which have remains in Mexico, which is equivalent (Anonymous 1998), and Stann Creek records of the species covering to approximately 15,534 mi (25,000 km) (Platt et al 1999, p. 397.) According to 6,779,875 ac (2,743,718 ha) (CITES of shoreline. The Government of Mexico information provided by CONABIO, 2010a, pp. 11, 17–20). protects habitat occupied by the virtually all of the country contained According to the information Morelet’s crocodile in 11 areas suitable habitat for the species. The presented in CONABIO 2005, one of the designated by the Government of style of economic development in Belize main potential threats to the Morelet’s Mexico as either Biosphere Reserves or has not required massive alteration of crocodile is habitat destruction and Flora and Fauna Protection Areas the natural environment. Thus, in fragmentation due to residential and covering a total of 7,763,147 ac general, no extensive and drastic infrastructure development, such as (3,141,634 ha). In addition, the Ramsar alteration of Morelet’s crocodile habitat dams, roads, residential areas, and Convention protects Morelet’s crocodile has occurred in Belize (CONABIO 2005, irrigated fields (CONABIO 2005, Annex habitat at 13 sites in Mexico covering p. 26). The current amount of altered 2, pp. 4–5). The information presented 6,779,875 ac (2,743,718 ha). We do not versus unaltered current habitat for the in CONABIO 2005 indicated that land have any information or data on the Morelet’s crocodile in Belize is reform and the ensuing colonization of amount of geographic overlap, if any, unknown, but CONABIO estimated the undeveloped areas are a potential threat between the areas of habitat protected current amount of potentially suitable to the Morelet’s crocodile, but the by the Government of Mexico versus habitat to be approximately 2,050 mi Government of Mexico has no such that protected by the Ramsar (3,300 km) of shoreline (CONABIO actions planned at this time (CONABIO Convention. Therefore, we considered 2005, pp.14–19).

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While the species is widespread in determined during these surveys. Size (Meerman et al. 2004, pp. 30–31). the northern portion of the country, it is class distribution—25.4 percent adults Overall, about 18–26 percent of the naturally limited to a narrow region of in the 1990s, compared with 5–10 national territory of Belize is under lowlands along the coast in the southern percent in an earlier study—was some form of protection (BERDS 2005b, part of Belize, which is otherwise consistent with population recovery p. 1; Young 2008, p. 29). In several of mountainous (Schmidt 1924, p. 80; from past overexploitation (Platt and these protected areas, natural resource Abercrombie et al. 1982, pp. 12–16; Thorbjarnarson 2000b, p. 24). Platt and extraction is permitted from the site, Platt et al. 1999, p. 395; Platt and Thorbjarnarson (2000b, pp. 23, 26) thus potentially limiting these areas’ Thorbjarnarson 2000a, pp. 25–26). reported an overall frequency of contribution to the conservation status Teams not associated with the Mexican encounter of 1.56 individuals per km; of the Morelet’s crocodile. However, we effort to delist the species recently encounter rates were much higher in have no evidence that resource surveyed these states, in part, to assess nonalluvial (8.20 individuals per km) extraction in these Belizean protected Morelet’s crocodile populations in those and alluvial (6.11 individuals per km) areas is currently or anticipated to affect areas. Based on recent surveys, all six lagoons than in rivers and creeks (0.95 significantly the Morelet’s crocodile. districts historically known to contain individuals per km) or in mangrove We find that the data presented by Morelet’s crocodiles were surveyed in a habitats (0.24 individuals per km). CONABIO, and additional data available general characterization of the While a significant, male-biased sex to the Service, represent the best biodiversity of Belize (Boles 2005, p. 4; ratio (5.3 males per 1 female versus available scientific and commercial data Belize Forest Department 2006, p. 22; about 1 male per female) was identified, on habitat destruction or modification Biological-Diversity.info Web site 2009). the reasons were unclear (Platt and for Morelet’s crocodiles in Belize. At Spanish Creek Wildlife Sanctuary, in Thorbjarnarson 2000a, pp. 23, 27). Although habitat destruction or the north-central part of the country, Based on extrapolations of habitat modification is currently affecting some Meerman et al. (2004, pp. 23–24 and relationships in Mexico (which results local populations of Morelet’s 30–32) determined that the Morelet’s in an estimated 2,080 mi (3,347 km) of crocodiles in Belize, and this is likely to crocodile was fairly common at the site potential habitat in Belize) and an continue in the foreseeable future, we (frequency of encounter rate = 1.4–2.4 average frequency of encounter of 2.63 do not have any evidence that habitat individuals per km). At Mayflower individuals per km, CONABIO stated destruction or modification is currently Bocawina National Park, near the coast that these results suggested a total or anticipated to be a threat to the in the southeastern part of the country, Belize population estimate for the Morelet’s crocodile in Belize. Meerman et al. (2003b, p. 30) Morelet’s crocodile of about 8,803 Guatemala unexpectedly located the Morelet’s individuals in the wild (all age classes), The Morelet’s crocodile was crocodile at fast-flowing streams such as comprising 9 percent of the total wild Silk Grass Creek. While this specimen historically known from the northern population, including about 1,673 portion of Guatemala (States of Pete´n could have been introduced at the site, adults (CONABIO 2005, p. 18). its occurrence could also be natural. and Alta Verapaz; Schmidt 1924, pp. Although this is not a typically 79–84). According to information Along the Macal River, in west-central constructed population estimate, this Belize, Stafford et al. (2003, pp. 18, 20) provided by CONABIO, the Pete´n region estimate constitutes the best available of Guatemala was scarcely populated by located a breeding population of the scientific and commercial data for the Morelet’s crocodile (frequency of humans before 1960 (an estimated nationwide abundance of Morelet’s 15,000 to 21,000 inhabitants in encounter rate = 1.48 individuals per crocodiles in Belize. Although Platt km (2001) and 1.25 individuals per km approximately 12,960 square miles suggested that these overall values for (33,566 km2) or about one third of (2002)) at a mountainous site at 1,476 ft. Belize may be somewhat inflated (450 m) elevation (higher than Guatemala’s area) (CONABIO 2005). In because habitat in southern Belize is 1961, the Government of Guatemala expected). A total population size at the less suitable for Morelet’s crocodiles Macal River site was calculated to be, at started an official program to foster than areas in the north (Platt 2008, pers. colonization in the region, and this minimum, about 94 individuals comm.), frequency of encounter values (Stafford et al. 2003, p. 19). caused environmental alteration, as well for Morelet’s crocodile populations and Earlier comparisons between spotlight as increased human conflicts with total population sizes in Belize may surveys conducted in northern Belize in crocodiles. Slightly more than 50 1979–1980 and 1992–1997 also showed have further increased due to continued percent of the potential habitat for the that Morelet’s crocodiles were widely protection for over a decade since these Morelet’s crocodile has been altered in distributed and relatively abundant surveys in the 1990s. Boles (2005, p. 4) Guatemala (CONABIO 2005, p. 26). across several habitat types and levels of and Belize Forest Department (2006, p. While the current amount of altered human accessibility (Platt and 22), based on countrywide analyses, versus unaltered habitat for the Thorbjarnarson 2000b, p. 23). In both suggested that the Morelet’s Morelet’s crocodile in Guatemala is addition to an extensive system of crocodile had ‘‘recovered’’ in Belize and unknown, CONABIO estimated the nature reserves, including significant could be categorized as ‘‘healthy.’’ current amount of potentially suitable areas of crocodile habitat, these CONABIO did not present habitat to be approximately 4,163 mi researchers noted relatively high information about the distribution and (6,700 km) of shoreline (CONABIO Morelet’s crocodile encounter rates in abundance of the Morelet’s crocodile in 2005, pp.14–19). According to wetlands surrounding sugarcane fields protected areas in Belize. Other information provided by CONABIO, in this area. Morelet’s crocodiles were information obtained by the Service, studies on the status of Morelet’s observed in canals and ditches within however, suggests that the species is crocodile habitat and population in the municipal limits of Belize City and present in many protected areas in Guatemala are underway, and the Orange Walk, as well as in wetlands Belize, including: Sarstoon Temash potential threats to the species are under easily accessible from many villages National Park (Meerman et al. 2003a, p. assessment (CONABIO 2005, p. 26). (Platt and Thorbjarnarson 2000b, p. 23). 45), Mayflower Bocawina National Park Recent nationwide survey results are Population characteristics of Morelet’s (Meerman et al. 2003b, p. 30), and not available for Guatemala, but crocodiles in Belize were also Spanish Creek Wildlife Sanctuary populations appear to remain in their

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historical range in the northern part of of regulatory enforcement, and financial conservation threats at the national level the country, especially the central issues limited protected areas’ potential in Guatemala, including habitat loss, portion of the State of Peteń, Laguna del contribution to the conservation status habitat degradation, habitat Tigre National Park (northwestern of the Morelet’s crocodile ((Instituto de fragmentation, overutilization of portion of the State of Peteń) (Castan˜ eda Agricultura, Recursos Naturales y resources, environmental contamination Moya et al. 2000, p. 63), and the El Agrıćolas, Universidad Rafael Landivar, and degradation, and the introduction of Mirador-Rıó Azul National Park and Asociacioń Instituto de Incidencia exotic species. (ParksWatch 2002, p. 3). The Laguna del Ambiental (IARNA URL IIA) 2006, pp. For the past 10 years, USAID and the Tigre National Park, the largest national 88–92). For example, the Laguna del Wildlife Conservation Society (WCS) park in Guatemala and the largest Tigre National Park, together with the having been working with other protected wetland in Central America, is Laguna del Tigre Protected Biotope (a nongovernmental organizations (NGOs) home to the largest numbers of small area with a distinct set of and the Guatemalan government to Morelet’s crocodiles in Guatemala environmental conditions that supports combat these issues. In their ‘‘Maya (ParksWatch 2003, p. 1). a particular ecological community of Biosphere Landscape Conservation While information regarding the plants and animals) was considered Area, Guatemala, Implementation Plan distribution and abundance of Morelet’s critically threatened by drug trade, land FY 2008’’ (WCS 2009, page 3), the WCS crocodile in Guatemala is sparse, grabs, the presence of human highlighted their central goals for investigations conducted in Laguna del settlements, expanding agriculture and ensuring the conservation of wide- Tigre National Park (date unspecified, cattle ranching, poaching, forest fires, ranging target species, including the reported in 1998) estimated 4.35 the oil industry, and the almost Morelet’s crocodile, were to contain the individuals per km in the Sacluc River complete lack of institutional control advance of the Laguna del Tigre agro- and 2.1 individuals per km in the San over the area (ParksWatch 2003, p. 11). pastoral frontier and maintain the Pedro River, with a population structure ParksWatch also deemed this national comparatively intact eastern bloc of the typical of stable populations (Castan˜ eda park, and its surrounding area, would Maya Biosphere Reserve (MBR) forest. Moya 1998a, p. 13). Castan˜ eda Moya not meet its biological diversity Strategies to reduce impacts to wildlife (1997, p. 1; 1998a, p. 521) characterized objectives in the immediate future in the MBR landscape include involving Morelet’s crocodile distribution in the unless urgent steps were taken people in local communities, forest northern State of Peteń, Guatemala, as (ParksWatch 2003, p. 11). However, the concessions, governments, and NGOs in fragmented, with the healthiest following year, ParksWatch noted major local conservation efforts; developing populations in the northern region of improvements at Laguna del Tigre since adaptive management strategies to Peteń, where human impact was lower. their 2003 report. We have obtained address tactical threats across the In a follow-up study at Laguna del Tigre information on the specific protections landscape; and educating local National Park, Castan˜ eda Moya et al. recently provided to Morelet’s communities on best management (2000, pp. 62–63) reported a mean crocodiles in the conservation areas of practices across the MBR and beyond. frequency of encounter rate for the Guatemala, and events that reveal a Since 2003, efforts by the WCS have entire park of 4.3 individuals per km, commitment by the Guatemalan reduced areas burned in the MBR in with maximum values of 12.28 government to curtail illegal activities Guatemala. Through educating locals on individuals per km at Flor de Luna and harmful to Laguna del Tigre National best management practices, conducting aerial flights, utilizing remote sensing to 11.00 individuals per km at Laguna La Park. We will go into detail in the Factor Pista. The Morelet’s crocodile was more monitor changes in forest cover and fire, D section, Inadequacy of Existing frequently encountered in closed and establishing and patrolling a 47-km Regulatory Mechanisms. aquatic systems than in open aquatic fire break, along with regularly reporting systems. Juveniles were more frequently Castan˜ eda Moya et al. (2000, p. 61), to the Guatemalan and provincial observed than were adults. based on historical references, cited governments and national media, WCS’s Based on extrapolations of habitat increased destruction of habitat due to efforts have resulted in a 90 percent relationships in Mexico (which resulted human encroachment as having an reduction in areas burned in the Laguna in an estimated 4,159.8 mi (6,694.5 km) adverse effect on the species. Based on del Tigre portion of the MBR ((WCS 10 of potential habitat in Guatemala) and the research at Laguna del Tigre year report, no date given, p. 6)). an average frequency of encounter of National Park, Castan˜ eda Moya et al. In addition, the president of 2.078 individuals per km, CONABIO (2000, pp. 61, 65) indicated that sibal Guatemala recently deployed 250 stated that there is an estimated total (sawgrass) (Cladium jamaicense) was specially trained soldiers to recover Guatemalan population of Morelet’s extensively burned each year. This fully all the protected zones of El Peteń crocodile of about 13,911 individuals in burning constituted a major impact to in Laguna del Tigre National Park. The the wild (all age classes) comprising 13 the Morelet’s crocodile habitat, as sibal contingent, called the ‘‘green battalion,’’ percent of the total wild population, habitat offered suitable insulation, food will work jointly with the Guatemalan including about 2,643 adults (CONABIO availability, nesting cover, and Attorney General’s Office. This effort is 2005, p. 18). Although this is not a protection from predators. Furthermore, aimed at combating drug trafficking and typically constructed population the fires facilitated the expansion of removal or destruction of natural and estimate, this population estimate savannahs consisting almost exclusively archeological resources in Laguna del constitutes the best available scientific of jimbal (Bambusa longifolia). Studies Tigre, El Peteń region of the MBR (Latin and commercial data for the nationwide on the Morelet’s crocodile in Peteń American Herald Tribune 2010). abundance of Morelet’s crocodiles in suggest fires in jimbal groves prevent El Mirador-Rıó Azul National Park in Guatemala. Morelet’s crocodiles from reproducing northeastern Guatemala is located in the While Guatemala has regulatory because fire affects nesting sites department of Peteń and maintains a mechanisms in place to protect these (ParksWatch 2003, p. 13). In a more population of Morelet’s crocodiles habitats, it appears that the Government general sense, the U.S. Agency for (ParksWatch 2002, p. 3). The park is of Guatemala, until recently, was not International Development (USAID) composed of two sections, which are able to enforce them adequately. (2002, pp. 19–23) and Ruiz Ordon˜ ez divided by the Dos Lagunas Biotope. Resource extraction, drug trade, a lack (2005, pp. 2–8) indicated several The western section is known as El

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Mirador and the eastern part is known Other Threats to the Species’ Habitat that the situation will deteriorate in the as Rıó Azul. This area is considered by future. Biosphere Reserves in Mexico Recreational and Educational Activities World Resources Institute to be the last are part of the United Nations pristine Guatemalan rainforest. It is also Nonconsumptive recreational or Educational, Scientific, and Cultural one of the few protected areas that have educational uses in the form of Organization’s (UNESCO) ‘‘Man and the experienced little deforestation over the ecotourism are ongoing and may grow Biosphere’’ program and are legally years. No permanent human residents in magnitude in the future. While protected under Mexican federal laws. live within the park borders or in its CONABIO did not present precise Key features of biosphere reserves are information about the number of immediate surrounding areas. El core zones of complete protection of key companies or sites visited by tourists, an Mirador-Rıó Azul National Park is resources surrounded by mixed-use informal internet search suggested that considered vulnerable, by ParksWatch, buffer zones. These buffer zones are large numbers of ecotourism companies meaning that immediate conservation particularly important given the and nature sites in all three range pressures on the Sian Ka’an Biosphere measures are not needed at this time, countries were involved in this activity. Reserve from tourism, and its culturally but monitoring is necessary to ensure At Tikal National Park in Guatemala, for and archeologically significant areas the protection and maintenance of its example, the number of visitors has (Mazzotti et al. 2005, p. 982). biological diversity in the near future increased from 14,594 visitors in 1981, Recognizing these potential negative (ParksWatch 2002, p. 3). NGOs such as to 141,899 visitors in 2002 (IARNA URL factors, geographically dispersed Asociacioń Balam, WCS-Guatemala, the IIA 2006, p. 103). Many of these visitors ecotourism involving limited numbers Asociatioń of Forest Communities of potentially visited Morelet’s crocodile of visitors under controlled conditions Peteń (ACOFOP), the Guatemalan areas in the Peteń Region that are in the to observe and photograph specimens National Park Service (CONAP), the immediate vicinity of the park as part of from canoes, photographic blinds, or Guatemalan Archeological Institute their ecotourism experience. hiking trails can provide relatively (IDAEH), and the office of the Executive While we cannot completely rule out benign opportunities to local residents Secretary of the President of Guatemala the potential for adverse effects to the for economic benefits that can serve as formed an alliance called the ‘‘Mesa Morelet’s crocodile due to disturbance an alternative or disincentive to harvest Multisectorial para el Area Natural y from ecotourism activity in Tikal the Morelet’s crocodile (CONABIO Cultural de Mirador-Rio Azule.’’ This National Park, we have found no 2005, p. 28). alliance was formed to develop evidence of such effects. Furthermore, There is also evidence that consensus among its team members we do not have any information to ecotourism, as well as scientific regarding the long-term protection of the indicate that ecotourism is likely to research and wildlife conservation, are park and provide sustained economic become a serious problem in the future. compatible activities with respect to the Successful ecotourism, by its very contribution to the people of the MBR Morelet’s crocodile. In Mexico, for nature, relies on the continued and of Guatemala. example, ecotourists accompany conservation and protection of the biologists associated with the Amigos de While CONABIO estimated that natural resources it uses. Although the slightly more than 50 percent of the Sian Ka’an group as they conduct number of visitors to protected areas is surveys of the Morelet’s crocodile at potential habitat for the Morelet’s increasing and the demand for Sian Ka’an Biosphere Reserve, along the crocodile has been altered in Guatemala, ecotourism may grow in the future, the eastern coast of the Yucatan Peninsula, they gave no information indicating to ecotourism industry has a significant Quintana Roo State (EcoColors Tours what extent (CONABIO 2005, p. 26). incentive to ensure that its activities do 2010, pp. 1). At another site, the La Very little information has been not become a serious problem to the Ventanilla Eco-tourism Project in collected about the consequences of Morelet’s crocodile and its habitat in the Oaxaca State, Mexico, international forest fires, hunting, and habitat future. volunteers assist local residents and Mazzotti et al. (2005, p. 984), fragmentation to the Morelet’s crocodile. biologists to conserve the Morelet’s however, did identify the following However, Mexico saw the presence of crocodile, turtles, iguanas, and other negative impacts associated with the Morelet’s crocodile in cultivated species of wildlife (Volunteers for tourism development at Sian Ka’an areas and at sites with ‘‘intermediate’’ International Partnership-Mexico 2010, quality habitats (CONABIO 2005, p. 13) Biosphere Reserve (Mexico): (1) Habitat loss; pp. 1–4). In Belize, tourists, as well as in its own country, and Belize noted (2) Alteration of surface and wildlife researchers from the United relatively high Morelet’s crocodile underground water flow; States and their Belizean counterparts, encounter rates in wetlands surrounding (3) Ground water pollution; are implementing an ecological field sugarcane fields, canals, and ditches (4) Extraction of resources; study of the Morelet’s crocodile at within the municipal limits of Belize (5) Erosion and sedimentation; Lamanai Outpost Lodge and Research (Platt and Thorbjarnarson 2000b, p. 23). (6) Decrease in biodiversity; and Station that eventually will lead to the This information suggests that the (7) Reduced traditional and development of a national management Morelet’s crocodile does not require recreational use for local communities. plan for the species (The Croc Docs undisturbed habitat in order to occupy Visual pollution, including trash, as 2010, pp. 1–6). If the biological data, in a site. The current amount of altered well as ‘‘jeep safaris’’ (caravans of small part collected by the ecotourists, versus unaltered habitat for the convertible sports utility vehicles being support harvest, and effective Morelet’s crocodile in Guatemala is driven through the reserve) and boat enforcement regulations can be developed and implemented, this plan unknown, but CONABIO estimated the traffic, is also increasing at Sian Ka’an Biosphere Reserve (Mazzotti et al. 2005, may include commercial exploitation of current amount of potentially suitable p. 992). While none of these factors was the Morelet’s crocodile. In Guatemala, habitat to be approximately 4,163 mi specifically linked to the Morelet’s scientists and ecotourists are working (6,700 km) of shoreline (CONABIO crocodile, all could apply were the cooperatively with the ProPeteń group 2005, pp. 14–19). situation to deteriorate. However, we do to undertake conservation work at the not have any information to indicate Scarlet Macaw Biological Station in the

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Maya Biosphere Reserve (ProPete´n destruction and modification is affecting intervals throughout the life cycle; long 2009, p. 1). While these activities differ individual crocodiles locally, the overall reproductive lives; high fecundity; and with regard to specific details, in level of habitat protection in Mexico low egg and hatchling survival, likely general they provide positive and Belize is currently adequate, and we enhanced by crocodilian parental care conservation benefits to the Morelet’s anticipate that it will remain so. demonstrated for most species, crocodile and demonstrate that Based on current information, including C. moreletii. The combined ecotourism, as well as scientific Guatemala contains the remaining 13 result is that crocodilians can sustain research and wildlife conservation, can percent of the wild Morelet’s crocodiles relatively high levels of mortality at all be compatible with respect to the and the remaining 19 percent of the life stages without reducing recruitment species. potentially suitable habitat throughout or population growth. Thus the the species’ range. Although the persistence of some anthropogenic Agriculture, Grazing, and Infrastructure Morelet’s crocodile occupies at least two Development threats at low levels such as killing, protected areas in Guatemala (Castan˜ eda subsistence hunting, and fishing net Agriculture, grazing, and Moya et al. 2000, p. 63), one, the El entanglement are unlikely to constitute infrastructure development (such as Mirador-Rı´o Azul National Park, has no significant impacts to population dams, roads, residential areas, and permanent human presence either in or persistence or even to recovery (Ross, irrigated fields) generally are indirect surrounding the park and contains the 2011 pers. comm.). impacts in that the purpose of the action last pristine rainforest in Guatemala, Although some local factors continue is not focused on the crocodile. These which has experienced very little to affect the habitat for Morelet’s activities can be either consumptive (for deforestation. The NGO community has crocodile, we have no information to example, destruction of nests and eggs partnered with the President of indicate that these local factors are of by machinery) or nonconsumptive (for Guatemala to establish a coalition to sufficient magnitude to have a range- example, loss of access to traditional ensure long-term protection of this wide impact on the species to the point nesting or feeding sites), and are important national park, while that would cause the Morelet’s crocodile generally manifested through habitat providing for sustainable economic to meet the definition of either an loss or fragmentation. Depending on the incentives to the people of the MBR and endangered or a threatened species. nature and extent of these activities, of Guatemala. The second protected Therefore, we find that the present or they may have a substantial negative area, Laguna del Tigre National Park, threatened destruction, modification, or impact on local Morelet’s crocodile has been affected by past human curtailment of its habitat or range is not populations. Although agriculture, encroachment, fire, deforestation, likely to threaten or endanger the grazing, and infrastructure development grazing, and infrastructure Morelet’s crocodile in the foreseeable are currently affecting local populations development. Although these factors future. of Morelet’s crocodiles, and this is likely may have affected local populations of to continue in the foreseeable future, we Morelet’s crocodiles, we have no Factor B. Overutilization for do not have any evidence that these evidence that it has affected the species Commercial, Recreational, Scientific, or activities are currently, or anticipated to rangewide. The government of Educational Purposes be, a rangewide threat to the Morelet’s Guatemala and the local and Commercial Harvest (Legal and Illegal crocodile. international NGO community have Trade) Summary of Factor A again partnered to address these issues through direct interventions, including The Morelet’s crocodile was included Although some habitat degradation local and international community in in Appendix I of CITES on July 1, 1975. has occurred in Mexico, this threat is conservation efforts; and educating Species included in Appendix I are ameliorated by the LGEEPA. This law people on the use of best management species threatened with extinction that has strict restrictions against land use practices. These efforts have resulted in are or may be affected by trade. CITES changes in Mexico, especially for a 90 percent reduction in fires in Laguna prohibits international trade in undisturbed habitat such as those areas del Tigre National Park, and the specimens of these species unless the used by the Morelet’s crocodile successful interdiction of individuals trade is not found to be detrimental to (CONABIO 2005, p. 25). The Sistema conducting unlawful activities. the survival of the species, the Nacional de A´ reas Naturales Protegidas Despite the localized impacts in all specimens in trade were legally (SINANP) also provides significant three countries, the current rangewide acquired, and the purpose of the import habitat protection in Mexico. The distribution of Morelet’s crocodile now is not for primarily commercial SINANP created designated protected closely resembles the historical purposes or the specimen meets one of areas because these areas contain key or rangewide distribution. The species has the exemptions established under the representative ecosystems or species, or existing available high-quality habitat, CITES Treaty. A more thorough ecosystems or species that are at risk has a healthy population distribution, is explanation of CITES is found in the and require strict control. In Mexico, at abundant at known sites, and is ‘‘Convention on International Trade in least 11 protected areas contain expanding into new sites. Even in the Endangered Species of Wild Fauna and populations of the Morelet’s crocodile face of habitat alteration, this species Flora’’ discussion under the section (CITES 2010a, pp. 17–20). In Belize, at has been shown to occupy disturbed Factor D. Inadequacy of Existing least three protected areas contain habitat. There have been observed Regulatory Mechanisms. Morelet’s crocodile populations increases in the relative abundance of Overexploitation for commercial (Meerman et al. 2003a, p. 45; Meerman the species, and a total population size purposes prior to 1970 is widely et al. 2003b, p. 30; Meerman et al. 2004, of approximately 19,400 adults in the accepted as the primary cause of a pp. 30–31). Mexico and Belize contain three range countries. Species experts drastic, rangewide population decline of the majority of all wild Morelet’s now widely characterize Morelet’s Morelet’s crocodile (Platt and crocodiles (87 percent) and the majority crocodile populations as healthy. In Thorbjarnarson 2000b, p. 21; CONABIO of the potentially suitable habitat addition, crocodilians are known to 2005, p. 27). Historically, commercial throughout the species’ range (81 have a robust history strategy, including overexploitation, through the harvest of percent). We find that, although habitat repeated production of offspring at adult animals from the wild, was a

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much greater threat to the Morelet’s Under Mexican law, closed-cycle, United States, unless the import is for crocodile than habitat loss. During the captive-breeding operations wishing to scientific or enhancement purposes. first half of the 20th century, hundreds make their Morelet’s crocodiles In 2010, the Government of Mexico of thousands of skins per year were available for commercial use must submitted a proposal to the 15th marketed (CITES 2008, pp. 17, 20). The demonstrate that they are able to go Meeting of the CITES Conference of the precise magnitude of the trade is beyond the F2 generation of Parties (CoP15) to transfer the Morelet’s unclear, however, because trade data for reproducing individuals. This crocodile throughout its range to the Morelet’s crocodile was recorded at requirement supports the use of Appendix II of CITES with a zero quota a higher taxonomic level incorporating Morelet’s crocodiles that is compatible for trade in wild specimens because the other crocodilians. See, for example, with conservation of the species by Government of Mexico concluded that Loa Loza 1998a, pp. 134–135 and offsetting the demand for crocodiles the Morelet’s crocodile no longer met Arroyo-Quiroz et al. 2007, p. 933. It is taken from the wild. Such facilities the criteria for inclusion in Appendix I reported that prior to 1975, hide dealers produced a variety of items including (see Factor D, Mexico’s Proposal To in Belize purchased up to 12,000 skins skins/hides, meat, live individuals as Transfer the Morelet’s Crocodile to annually, and an unknown number of pets, stuffed figurines, and leather CITES Appendix II; CITES 2010a, p. 1). skins were exported illegally in products (fashion accessories) for both According to the 2010 CITES proposal contravention to Mexican law (Plat and domestic and international trade. to transfer the Morelet’s crocodile to Thorbjarnarson 2000b, p. 21). Precise Based on CITES annual reports for the Appendix II, the UNEP–WCMC CITES estimates of historical trade from period 1996–2005, Caldwell (2007, pp. Trade Database showed that, until 2007, Mexico or Guatemala were unavailable. 6–7) noted relatively low levels of the parts and derivatives of the Even now, the commercial market for international legal trade in products Morelet’s crocodile most commonly designer fashion items made from high- from Mexican captive-breeding found in trade were skins, skin pieces, quality crocodile skins, such as leather operations during 1996–1999 (fewer and leather products, although other belts, footwear, wallets, and handbags, than 200 skins/year), but higher levels products include live specimens, eggs, bodies, scales, skulls, and shoes were is highly lucrative. For example, a single during 2000–2005 (2,430 skins in 2001; also traded. The largest exporter pair of shoes may retail for hundreds of 1,591 skins in 2002; and below 1,000 between 2001 and 2007 was Mexico dollars, a handbag for several thousand skins per year during the rest of the (8,498 skins, 750 skin pieces, and 1,193 dollars, and a tote bag for tens of period). Japan has been the main leather products), followed by Belize thousands of dollars. importer of products from Mexican with 116 bodies, 766 eggs, and 3,124 captive-breeding operations, with lesser Legal Trade specimens for scientific purposes quantities going to France, Italy, the In 1997, the Government of Mexico (exported to the United States). The Republic of Korea, and Spain (Caldwell established a system for registering, major importing countries were Japan 2007, p. 6). supervising, and enforcing Unidad de (6,170 skins), United States (3,124 Manejo y Administracio´n (UMAs; The United Nations Environment specimens for scientific purposes), Italy Conservation Management and Programme—World Conservation (1,219 skins), the Republic of Korea (560 Administrative Units) for intensive Monitoring Centre (UNEP–WCMC) skins), France (375 skins), and Spain reproduction of economically valuable manages a trade database on behalf of (162 skins) (CITES 2010a, p. 8). natural resources, including the captive the CITES Secretariat. Each Party to According to the CITES (CITES 2010a) breeding of Morelet’s crocodiles CITES is responsible for compiling proposal to transfer the Morelet’s (CONABIO 2005, Annex 3, pp. 3–5). annual reports to the CITES Secretariat crocodile to Appendix II, the national Commercial use of Morelet’s crocodiles regarding their country’s trade in harvest of animals from closed-cycle in Mexico for domestic trade was species protected under CITES. UNEP– operations authorized in Mexico strictly limited to animals raised in WCMC enters the data from these amounts to fewer than 2,000 skins per closed-cycle, captive-breeding annual reports into a trade database, year since the year 2000. In the period operations regulated by the Government which is used to analyze trade in CITES between 2000 and 2009, 119 CITES of Mexico under the UMA system. For specimens. Due to the time needed to export permits were issued in Mexico international trade, commercial trade compile the data, the most recent year for a total of 12,276 Morelet’s crocodile was restricted to animals raised in these for which comprehensive trade statistics skins. However, the total potential closed-cycle, captive-breeding are available is normally 2 years prior to production from closed-cycle, captive- operations registered with the CITES the current year. breeding operations were about 16,500 Secretariat. In order for these closed- In general, prior to 2010, international individuals and approximately 10,000 cycle, captive-breeding operations to be legal trade consisted of small quantities skins per year (CITES 2010a, p. 7). successful, great care was given to of unfinished hides/skins or finished We examined the information on satisfying the biological requirements of leather products, exported primarily Mexico’s closed-cycle, captive-breeding the species (Cremieux et al. 2005, p. from Mexico to Japan and European operations in Annex 3 of the 2010 417; Brien et al. 2007, pp. 1–26). countries, as well as biological CITES proposal. According to the According to Leo´n Vela´zquez (2004, p. specimens destined for research. These information provided in the Annex, 52), there were approximately 30,000 countries process the unfinished hides/ there were 19 closed-cycle, captive- Morelet’s crocodiles in captive-breeding skins into leather products such as belts, breeding operations registered as UMAs facilities in Mexico in 2004. There were footwear, wallets, and handbags that in for the Morelet’s crocodile in Mexico. 38,449 Morelet’s crocodiles housed in turn are sold within their own country Only 4 of the 19 UMAs had a captive 19 Mexican closed-cycle, captive- or re-exported for sale to other population sufficient to support breeding operations in 2008 (CITES countries. Due to the listing status of the commercial trade, and only 2—both of 2010a, p. 24). Currently, the annual species under the Act, the United States which were registered with CITES—of production of Morelet’s crocodiles in cannot be a commercial destination for these 4 could support international Mexican closed-cycle, captive-breeding Morelet’s crocodile skins and products. commercial trade. As of 2008, the operations does not exceed 40,000 It is currently illegal to import Morelet’s captive population in these four UMAs individuals (CITES 2010a, p. 8). crocodile skins and products into the ranged from 1,237 to 28,673 individuals.

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The two UMAs that were not registered and 2007 from Mexico, Guatemala, and began to decline steadily starting in with CITES had the potential to produce Belize, with the United States as the 2000. Between 2005 and 2007, there 1,100 skins per year for local only destination. This suggests that were only a few reported illegal imports commercial trade (CITES 2010a, Annex there is a very low level of illegal trade of Morelet’s crocodile into the United 3, p. 24). The population levels for the and that it is only with the United States, and these were small leather remaining 15 UMAs were relatively low States; however, enforcement actions products from Mexico (UNEP–WCMC by comparison, ranging from 6 to 576 are not a required field for CITES CITES Trade Database 2010b). individuals. Rather than supporting Annual Reports. Unlike the United The Government of Mexico’s Federal commercial trade, 4 of the remaining 15 States, most countries do not specify the Prosecutor for Environmental Protection UMAs supported exhibition, 7 had no action taken on imports. Thus, the fact (PROFEPA) has investigated illegal commercial production, 3 contributed to that illegal trade to the United States is trade in live animals, presumably for the the economic support of the local documented in the WCMC database pet trade. A potential illegal market in community, and 1 was used for does not mean that this is the only live animals is under analysis, and research. illegal trade in the species. That said, would be expected to involve the Three of these 19 Mexican captive- between 1982 and 2005, items found to Mexican cities of Guadalajara, breeding operations were also registered have been ‘‘illegally’’ imported to the Monterrey, and Mexico City (Mexico with CITES, and could therefore United States from Mexico were mainly 2006, p. 41). Illegal harvest or killing of commercially trade Morelet’s crocodile leather products (308) and shoes (419 individuals perceived as threats to products internationally, as well as pairs). It is quite possible that these U.S. humans or livestock cannot be domestically while the species was imports derived from legal operations in completely precluded, but enforcement listed under Appendix I. However, one Mexico, but were precluded from of controls on domestic and of these CITES-registered captive- import into the U.S. because of the international trade severely limit any breeding operations contains only six Morelet’s crocodile’s endangered status commercial incentives. PROFEPA individuals, and is used for exhibition under the Endangered Species Act. performs inspections to prevent purposes. Only two of the three CITES- Considering the same caveats laundering of wild Morelet’s crocodile registered captive breeding operations pertaining to WCMC data, there were specimens and other illegal activities. commercially produce enough Morelet’s eight records of illegal trade occurring According to Mexico (Mexico 2006, pp. crocodile skins with the annual from Guatemala (between 1989 and 39–42), 85 specimens were confiscated production potential for international 1997), mainly involving pairs of shoes in 2003, 2 in 2004, 80 in 2005, and 14 trade. These two captive-breeding (27), and one case in Belize, which in 2006 (partial results). In addition, and operations have the potential to produce involved the export of 31 eggs in 1995. according to Paola Mosig, Program an estimated 2,500 skins annually for Regarding Guatemala, Castan˜ eda-Moya officer for TRAFFIC North America in international trade (CITES 2010a, pp. 7 (1998) stated that illegal capture of the Mexico, 20 seizures with a total of 48 and 24, Annex 3). Please see the species continued in the Pete´n region in live specimens, as well as 25 belts and discussion in the Factor D section, that year. However, he admitted that the 2 wallets were confiscated in 2007 Inadequacy of Existing Regulatory volume of such activity had decreased (Mosig 2008, pers. comm.). According to Mechanisms, for additional information compared to the situation 25 years TRAFFIC, the Wildlife Trade on the three CITES-registered captive- before (CITES 2010a, p. 8). Monitoring Network, these seizures are breeding operations. Recent data available on illegal trade indicative of a strong enforcement There are no captive-breeding in the Morelet’s crocodile between 1975 program that deters illegal trade (Mosig facilities in Belize or Guatemala that are and 2007 showed that the United States 2008, pers. comm.). providing specimens or skins for trade, reported illegal imports (UNEP–WCMC either domestically or internationally CITES Trade Database 2010a). The data Current Trade under the CITES captive-breeding on illegal imports are based on the In accordance with Article II, exception (CITES 2010c). In Belize, numbers of items that were seized and paragraph 2(a) of CITES, and CITES Morelet’s crocodiles are officially confiscated by law enforcement Resolution Conf. 9.24 (Rev CoP14) protected from commercial harvest. personnel in both the United States and Annex 1, the Government of Mexico Platt and Thorbjarnarson (2000b) found in other countries. This information is submitted a proposal (CoP15 Prop. 8) to no evidence of commercial poaching of not included in CITES annual reports CoP15 to transfer the Morelet’s Morelet’s crocodiles for skins or meat in for each country; the United States is crocodile throughout its range to Belize (Platt and Thorbjarnarson 2000b, the exception. The majority of the illegal Appendix II of CITES with an p. 27). Reportedly, the species is not Morelet’s crocodile parts and annotation requiring a zero quota for subject to commercial activities in derivatives confiscated upon arrival into wild specimens that was further Guatemala, given that Guatemala’s the United States between 1975 and amended by adding the phrase, ‘‘for Comisio´n Nacional de A´ reas Protegidas 2007 came from Mexico (20 skins, 28 commercial purposes’’ (CITES 2010a, p. (CONAP; National Commission on handbags, 243 leather items, 419 pairs 1). The Government of Guatemala Protected Areas, also known as the of shoes, 3 watch straps, 9 bodies, 10 opposed Mexico’s CITES proposal as it Guatemalan National Park Service) garments, 2 live animals, and 65 small pertains to the species in Guatemala, prohibits the export and trade in wild leather products). Again, these items based on the limited knowledge of the specimens of endangered species could have come from legal operations population and population trends in (CITES 2010a, p. 7). in Mexico, but were a violation at the Guatemala; the threats to the species time under the Act due to the Morelet’s from deforestation and pollution in Illegal Trade crocodile’s endangered status. A Guatemala; and the possibilities of According to the 2010 CITES proposal significantly smaller number of illegal illegal, cross-border trade taking place to transfer the Morelet’s crocodile to items originated from Guatemala (1 from Guatemala to Mexico. As a result, Appendix II, the UNEP–WCMC CITES skin, 2 handbags, 1 leather item, 27 the parties to CITES agreed that Trade Database showed few illegal pairs of shoes, and 1 body) and Belize Morelet’s crocodiles in Mexico and movements of parts and derivatives of (31 eggs). The majority of the illegal Belize should be transferred to CITES the Morelet’s crocodile between 1975 trade reportedly began in 1985, but Appendix II but that Morelet’s

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crocodiles in Guatemala remain in To see if our results would be Historically, the Maya Indians in CITES Appendix I (CITES 2010b, p. 2). comparable to Mexico’s assessment, we Mexico consumed small quantities of The change in CITES status for queried the UNEP–WCMC CITES Trade the eggs and meat of the Morelet’s Morelet’s crocodiles in Mexico and Database for the number of Morelet’s crocodile (Maimone Celorio et al. 2006, Belize became effective on June 23, crocodile skins legally exported pp. 40–43; Zamudio 2006, pp. 5–8; 2010. Because of the zero quota between 1998 and 2008, and found Meńdez-Cabrera and Montiel 2007, p. annotation, transferring the Morelet’s similar results for the current level of 132). Hunting and harvest techniques crocodile to CITES Appendix II legal trade cited above by the were based on traditional knowledge by precludes the trade of wild specimens Government of Mexico. According to these people of the behavior and for commercial purposes and therefore the UNEP–WCMC CITES Trade ecology of the Morelet’s crocodile should not create additional pressure on Database, Mexico exported 8,780 skins (Ceden˜ o-Va´zquez and Zamudio Acedo wild populations in any of the range between 1998 and 2008, an average of 2005, pp. 8–9). More recently (1965– states, as long as enforcement remains 878 skins per year (UNEP–WCMC 1980), and in response to a demand by effective. Consequently, international CITES Trade Database 2010b). Two of outside buyers and businessmen, Maya commercial trade in Morelet’s the previously CITES-registered captive- hunters harvested large quantities of crocodiles under CITES is currently breeding operations in Mexico have the hides for commercial purposes, but that limited to individuals from sources potential to produce 2,500 skins per activity now has largely been other than wild populations. However, year for international trade (CITES discontinued (Zamudio et al. 2004, p. once the Appendix-II listing went into 2010a, Annex 3, p. 24), which is more 344). effect for Morelet’s crocodiles in Mexico than adequate to meet the current Indigenous and nonindigenous people and Belize, international trade of demand for legal trade of fewer than 900 in Belize, generally poor farmers, also Morelet’s crocodiles in Mexico and skins per year. Now that this rule is engaged in large-scale, commercial Belize under CITES was no longer final, Morelet’s crocodile products may harvest of hides during the previous limited to facilities that are registered be imported into the United States and century, but that practice was primarily with the CITES Secretariat pursuant to the demand for international trade may based on economic instead of cultural the resolution on registration of increase. However, we do not believe reasons (Hope and Abercrombie 1986, p. operations that breed Appendix-I this potential increase in international 146). Abercrombie et al. (1982, p. 19) animal species for commercial purposes trade is likely to threaten or endanger made a distinction between master (Resolution Conf. 12.10 (Rev. CoP15)). wild Morelet’s crocodiles due to the hunters in Belize, generally older men adequate supply of captive-bred who made extensive forays into the According to Mexico’s 2010 CITES individuals in Mexico available for legal forest in search of specific game species, proposal, the current level of international commercial trade under and part-time hunters, generally international trade in the Morelet’s CITES. younger men who made short-term, crocodile is around 8,600 individuals in Besides CITES and the Act, no other opportunistic outings and often 10 years (an average of 860 individuals international measures control the harvested Morelet’s crocodiles. Among per year). The Morelet’s crocodile cross-border movement of the Morelet’s other uses, the Morelet’s crocodile also represents only a small fraction of the crocodile (CITES 2010a, p. 10). When has important roles in indigenous art, global trade in crocodilians, far behind this final rule is effective, (see DATES medicine, and religion (Stocker and the market leaders: brown spectacled above), the prohibitions of the Act are Armsey, 1980, p. 740; Cupul-Magan˜ a caiman (Caiman crocodilus fuscus), removed, and Morelet’s crocodile parts 2003, pp. 45–48), and is used locally for American alligator (Alligator and products may be imported into the handicrafts, jewelry, decorations, and mississippiensis), and Nile crocodile United States for commercial purposes, curios (BERDS 2005a, p. 1). Meerman et (Crocodylus niloticus). Current trends in provided they do not originate in al. (2003a, p. 49) noted a relative international trade do not indicate a Guatemala. However, cross-border scarcity of fish and fish predators such threat to the Morelet’s crocodile in the movement of the Morelet’s crocodile as crocodiles in the Sarstoon Temash wild (CITES 2010a, p. 8). In addition, throughout its range will still be National Park in Belize. They suspected the Government of Mexico’s proposal to regulated through CITES (Appendix II that fish populations are depressed, and move the Morelet’s crocodile to CITES for Mexico and Belize; Appendix I in that over-fishing by humans must play Appendix II allows only individuals Guatemala). a role. People engaged in fishing along from sources other than wild the Upper Temash River also annually Subsistence Harvest populations to be exported, and this collect Morelet’s crocodile eggs from provision remains in effect with the zero The overharvest for commercial nests located along water channels for quota for wild specimens traded for purposes, other than subsistence human consumption. In some years, one commercial purposes. The risk of harvest, was the primary reason for the or more nests escape discovery, so the laundering of wild specimens through Morelet’s crocodile listing under the Act eggs are not collected. As a result, baby farms is very low, because the quality of and under CITES. Although subsistence crocodiles are subsequently seen that skins produced in captivity is much harvest has historically had an impact year. Heavy fishing also reduces the higher than wild-caught skins, and on some local populations of Morelet’s potential prey base for the Morelet’s demand in international trade focuses crocodiles, these impacts have crocodile. The heavy predation on eggs on high-quality skins (CITES 2010a, pp. diminished over time and do not together with the depletion of the 8, 23). It should be noted that there are currently have a significant impact on Morelet’s crocodile’s prey base may be a number of CITES-recognized the species as a whole. responsible for the low crocodile count production methods that are not ‘‘wild’’ Indigenous cultures in Mexico, Belize, along the river (Meerman et al. 2003a, and not ‘‘bred in captivity.’’ Mexico or and Guatemala have a long history of pp. 42, 45). any other country is free to propose a using the Morelet’s crocodile for Castan˜ eda Moya (1998a, p. 521; change to the annotation at the next CoP subsistence and cultural purposes 1998b, p. 13) listed illegal hunting as a removing this limitation. However, (Maimone Celorio et al. 2006, pp. 40– threat to Morelet’s crocodile in the there is no indication at this time that 43; Zamudio 2006, pp. 5–8; Meńdez- Peteń region of Guatemala, but did not a change is imminent. Cabrera and Montiel 2007, p. 132). provide a numerical estimate of the

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take. ARCAS, an animal welfare group administrative standpoint, a permit at Morelet’s crocodiles within the in Guatemala, reported the rescue or the state or Federal level regulates the foreseeable future. recovery of 49 live individuals (about 8 collection of biological samples for Summary of Factor B per year), most likely from pet dealers scientific purposes in Mexico. In or private individuals, during the period Mexico, the Mexican Endangered While uncontrolled commercial 2002–2007 (ARCAS 2002, p. 3; 2003, p. Species List (NOM–126–SEMARNAT– harvests nearly extirpated the Morelet’s 2; 2004, p. 2; 2005, p. 2; 2006, p. 3; 2000) regulates the collection of crocodile, the species has largely 2007, p. 3). We do not have any biological samples from wild species for recovered because of being protected information describing the effect of scientific use. In addition, the under CITES and the Act in the early these threats on the status of wild Governments of Belize and Guatemala 1970s, as well as the implementation of populations in Guatemala. regulate scientific collection and CITES trade controls by all three range Although subsistence harvest research. In Belize, this type of export countries. All of the range countries continues to affect negatively some local is subject to strict protocols and currently continue to prohibit harvest of populations of the Morelet’s crocodile, provisions of the Wildlife Protection Act wild Morelet’s crocodiles. the impacts appear to be very small. We (CITES 2010a, p. 7). Illegal international and domestic trade still occurs, but levels remain low. have no evidence that subsistence With the Appendix-II designation for Any incidence of illegal killing that may harvest is currently or anticipated to Morelet’s crocodiles in Mexico and have occurred has not prevented the significantly affect the Morelet’s Belize, individuals or institutions observed population increase of the crocodile throughout its range. The wishing to import scientific samples species. The potential remains for illegal current rangewide distribution of the originating from those countries will no Morelet’s crocodile closely mirrors the cross-border trade, as well as the longer be required to obtain a CITES laundering of wild specimens through historical rangewide distribution, with a import permit. However, the CITES total population size of approximately existing captive-breeding operations in import permit requirement will still be Mexico, but enforcement in Mexico is 19,400 adults in the three range in effect for Guatemala, and CITES countries. relatively strict. Given the increased export permits or re-export certificates, effectiveness of law enforcement Scientific Research regardless of the country of origin, will personnel with regard to the Scientific research in and of itself also be required. The elimination of import implementation of CITES, the increased constitutes a use of the Morelet’s permits, while continuing the CITES supply of captive-bred Morelet’s crocodile. Research in the three range requirement for export permits and re- crocodiles in Mexico that are now countries has mainly focused on field export certificates, may result in available for commercial trade as a surveys for the occurrence of the additional scientific collecting and result of the Morelet’s crocodile’s species, relative to abundance and research to benefit the species while transfer to CITES Appendix II, and the habitat quality, which do not require ensuring that adequate protections for increasing awareness of these removal of specimens. Research the species remain in place (see the regulations by the public, we anticipate protocols followed so far have been Factor D section, Inadequacy of Existing that illegal trade in wild Morelet’s those accepted worldwide and do not Regulatory Mechanisms, below). crocodiles will decrease in the majority involve significant alteration of habitat In conclusion, we are not aware of of the species’ range in the foreseeable or behavior (CITES 2010a, p. 7). Several any evidence that utilization of the future. scientific research projects on the Morelet’s crocodile for scientific The Government of Mexico’s Federal Morelet’s crocodile have focused on research purposes poses anything more Prosecutor for Environmental Protection field surveys that involve capture, than a low risk to the subject (PROFEPA) performs inspections to handling, or invasive techniques to individuals; furthermore, risks at the prevent laundering of wild Morelet’s identify, for example, the species, sex, population level are probably negligible. crocodile specimens and other illegal or size class of the specimen, as well as To the contrary, these studies (surveys activities. In Belize, the importation and to collect biological specimens or to and sampling) provide useful exportation of wildlife requires a permit attach an identification tag. If conducted information essential to monitoring the and is subject to strict protocols and according to standard protocols, these status and continued health of provisions of the Wildlife Protection physical activities pose little risk of individuals as well as populations. Act; hunting of scheduled species for injury or disturbance to the subject These studies also allow ecotourists in scientific or educational purposes in crocodiles. Several studies have also these countries to work with the Belize also requires a permit. There was entailed, for example, night surveys scientific community in the collection a declining trend in seizures of illegal using bright spotlights (Castan˜ eda Moya of Morelet’s crocodile data (Volunteers specimens and products from 1998– et al. 2000, p. 62), stomach flushing for International Partnership 2009, pp. 2007. According to TRAFFIC, these (Platt et al. 2006, p. 282), collection of 1–4.) This provides ecotourists with an seizures are indicative of a strong small blood samples (Dever et al. 2002, opportunity to observe the Morelet’s enforcement program that deters illegal p. 1079), or the gathering of nonviable crocodile in its native habitat and to trade (Mosig 2008, pers. comm.). eggs from nests for contaminants gain firsthand knowledge about the Other uses such as scientific research analyses (Rainwater et al. 2002a, p. conservation of the species. are either benign or involve relatively small numbers of Morelet’s crocodiles. 320). None of these studies has cited Ranching any negative effects due to handling or In addition, and given the steps that the observation on the Morelet’s crocodile Although the Belize-Guatemala- Government of Mexico is taking populations. Mexico Tri-national Strategy for the internally to promote the sustainable All three range countries regulate Conservation and Sustainable Use of commercial use of Morelet’s crocodiles, scientific research and collection. Morelet’s Crocodile (see the Post we anticipate that commercial uses will According to the UNEP–WCMC CITES Delisting Monitoring section, below) increase in the foreseeable future, Trade Database, 3,124 specimens were includes long-term plans for ranching, especially in Mexico, but that captive- exported for scientific purposes from none of the range countries have given bred specimens will be used instead of Mexico to the United States. From an any indication they plan to ranch wild individuals.

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In conclusion, we find that the susceptible than small juveniles are to injuries for 103 Morelet’s crocodiles overutilization for commercial, predation, and only large carnivores from the northern wetlands of recreational, scientific, or educational such as jaguars (Panthera onca) Campeche State, Mexico. These purposes is not a significant factor (Navarro Serment 2004, p. 57) pose a variables were used to characterize the affecting the Morelet’s crocodile risk to adult crocodiles. Larger Morelet’s health of the animals. Captive Morelet’s throughout its range, both now and for crocodiles may prey upon the juveniles crocodiles evaluated for that study the foreseeable future. of their species. However, this tends to presented significantly more injuries act as an early factor promoting Factor C. Disease or Predation than did wild individuals. Parasitism population regulation and adult with nematodes (Paratrichosoma Inter-specific interactions, namely spacing. Aggressive interactions among recurvum) was greater in wild disease and predation, can have adults seem to be reduced by this crocodiles than in captive individuals. significant impacts on the conservation mechanism, especially in populations No serious health issues were identified status of a species. At the time with too many adults. In populations in individuals in either group (Padilla CONABIO petitioned us to delist the with a steady state of age distribution, Paz 2008, pp. 67–68). Morelet’s crocodile, disease was not cannibalism usually remains at a Individual Morelet’s crocodiles can considered a significant conservation minimum (CONABIO 2005, p. 29). We also have physical issues that can affect threat to the Morelet’s crocodile. are unaware of any unnatural rates of their well-being. Rainwater et al. However, the West Nile Virus (WNV) predation affecting any age class of (2001b, pp. 125–127) reported 2 has been detected in several Mexican Morelet’s crocodile, and we have no individuals among 642 Morelet’s populations of the Morelet’s crocodile. indication that predation will crocodiles captured in Belize with a According to Farfań-Ale et al. (2006, pp. exacerbate other threats to the species in missing forelimb. Known in the 910–911), six specimens tested negative the future. technical literature as ectromelia, this to the WNV at the Me´rida Zoo, Yucatan Other interspecific interactions can condition was probably the result of State, Mexico, during 2003–2004, while also affect the conservation status of a congenital defects and not due to an six of seven specimens tested positive to species. The Morelet’s crocodile and the injury. Both individuals otherwise the WNV at Ciudad del Carmen, American crocodile co-occur and may appeared to be in good condition. Campeche State, Mexico, in 2004. All compete with each other for resources crocodiles, including those not sampled, along the freshwater-saltwater interface Summary of Factor C showed no signs of illness at the time in coastal Mexico and Belize. Platt and While the full impact of WNV on the of the testing or during the 3 months Thorbjarnarson (2000a, p. 16; 2000b, pp. Morelet’s crocodile has yet to be that followed (Farfań-Ale et al. (2006, p. 24–26) reported relatively higher determined, there is no indication at 911). frequency of encounter rates for the present that WNV poses a threat to the In a separate survey conducted during Morelet’s crocodile at alluvial and species, and other interspecific May–October 2005, Hidalgo-Martıńez et nonalluvial lagoons, mangrove forest, interactions do not appear to be al. (2008, p. 80) detected the WNV in six and rivers and creeks, collectively adversely affecting the Morelet’s of seven Morelet’s crocodiles at characterized as inland sites, while the crocodile. In conclusion, we find that ´ Zoologico La Venta, Villahermosa, American crocodile was relatively more neither disease nor predation is a Tabasco State, Mexico. All animals were abundant in offshore cays and the significant factor affecting the Morelet’s healthy at the time of serum collection, Turneffe Atoll. These differences were crocodile throughout its range, both and none had a history of WNV-like attributed to the smaller body size of the now and for the foreseeable future. illness. The presence of WNV antibodies Morelet’s crocodile, as well as past in animals from those zoos exploitation patterns by hunters and Factor D. Inadequacy of Existing demonstrated the presence of WNV in subsequent niche expansion by this Regulatory Mechanisms those regions and indicated a potential species (Platt and Thorbjarnarson CITES risk of infection in animals. The 2000b, p. 26). There was no indication, magnitude of that potential risk, however, that interspecific competition CITES (the Convention, or Treaty) is however, has not been determined. West between the Morelet’s and the American an international agreement between Nile Virus was responsible for a crocodiles was a serious conservation member governments to ensure that the significant number of deaths of farmed problem. international trade in plants and American alligators in the U.S. State of Parasites have been also reported for wildlife does not threaten the species’ Georgia during separate outbreaks in the Morelet’s crocodile, but have not survival. It provides varying degrees of 2001 and 2002 (Farfań-Ale et al. 2006, been identified as a conservation threat. protection to more than 30,000 species p. 908). However, we do not have any In Mexico, trematodes (parasitic of animals and plants, whether they are information to indicate that WNV flatworms commonly called flukes) and traded as live specimens, parts, or causes illness in the Morelet’s crocodile. nematodes (unsegmented worms products. Countries that have agreed to The sample sizes in the above studies commonly called roundworms) have be bound by the Convention (that have on Morelet’s crocodile were small; been reported (Moravec and Vargas- ‘‘joined’’ CITES) are known as Parties. much larger studies are needed. Va´zquez 1998, p. 499; Moravec 2001, p. Although CITES is legally binding on However, the best available information 47) from the Yucatan Peninsula, but the Parties, it does not take the place of does not suggest that WNV is a threat or health problems with the crocodile national laws. Rather, it provides a likely to become a threat. hosts were not noted. Rainwater et al. framework to be respected by each Predation on Morelet’s crocodile eggs (2001a, p. 836) reported ticks Party, which has to adopt its own and juveniles is a common natural (Amblyomma dissimile and domestic legislation to ensure that phenomenon, posing no risk to healthy Amblyomma sp.), but noted that CITES is implemented at the national populations. They are preyed upon parasitism by ticks on the Morelet’s level. For many years, CITES has been more frequently at the juvenile stage by crocodile was rare in Belize and among the international conservation many birds and medium-sized elsewhere. agreements with the largest mammals (CITES 2010a, p. 4). Larger Padilla Paz (2008, p. vi) characterized membership, with now 175 Parties juveniles and subadults are less hematology, body index, and external (http://www.cites.org).

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CITES works by subjecting not be detrimental to the survival of the and the actual exports for Appendix II international trade in specimens of species; (2) the specimen was legally species. If a Party determines that the selected species to certain controls. obtained according to the animal and export of an Appendix-II species should Trade includes any movement into or plant protection laws in the country of be limited in order to maintain that out of a country and is not limited to export; (3) live animals or plants are species throughout its range at a level commercial movement. All import, prepared and shipped for export to consistent with its role in the export, re-export, and ‘‘introduction minimize any risk of injury, damage to ecosystems in which it occurs and well from the sea’’ of species covered by the health, or cruel treatment; and (4) an above the level at which the species Convention have to be authorized import permit has been granted by the might become eligible for inclusion as through a permitting system. The importing country. Likewise, the an Appendix-I species, then that Party species covered by CITES are listed in requirements for a re-export certificate must take suitable measures to limit the three Appendices, according to the are that the country of re-export number of export permits granted for degree of protection they need (CITES determines: (1) That the specimen was that species (CITES article IV, paragraph 2009c). imported into their country in 3). Appendix I include species accordance with CITES; (2) that live CITES Registered Captive-Breeding threatened with extinction that are or animals or plants are prepared and Operations may be affected by trade. Trade in shipped for re-export to minimize any specimens of these species is permitted risk of injury, damage to health, or cruel Prior to the Morelet’s crocodile in only in exceptional circumstances. treatment; and (3) that an import permit Mexico and Belize being downlisted to Appendix II includes species not has been granted. Appendix II, it could be treated as an necessarily threatened with extinction, Issuance of import permits for Appendix-II species and internationally but in which trade must be controlled Appendix-I species will also need a traded commercially only if the in order to avoid utilization determination from the country of specimen originated from a captive- incompatible with their survival. import that the import will not be for breeding operation registered with the Appendix III includes species that have purposes that are detrimental to the CITES Secretariat in accordance with been unilaterally listed by a Party to survival of the species, the proposed CITES Resolution Conf. 12.10 (Rev. assist in the implementation of the recipient of live animals or plants is CoP15) ‘‘Guidelines for a procedure to listing Party’s national legislation to suitably equipped to house and care for register and monitor operations that conserve and monitor trade in the listed them, and the purpose of the import is breed Appendix-I animal species for species. The Conference of the Parties not for primarily commercial purposes. commercial purposes.’’ These captive- (CoP), which is the decision-making Thus, with few exceptions, Appendix-I breeding operations may only be body of the Convention and comprises species cannot be traded for commercial registered if specimens produced by that all its member countries, has agreed on purposes. operation qualify as ‘‘bred in captivity’’ a set of biological and trade criteria to according to the provisions of Regulation of Trade in Appendix-II help determine whether a species Resolution Conf. 10.16 (Rev.). To qualify Specimens should be included in Appendices I or as bred in captivity, specimens must be II. As Appendix-III listings are a In contrast to the trade requirements born in a controlled environment where unilateral decision, Parties do not need for an Appendix-I species, CITES does the parents mated. In addition, breeding to abide by the same biological and not require an import permit from the stock must be established in accordance trade criteria adopted by the Parties. At destination country as a condition for with the provisions of CITES and each regular meeting of the CoP, Parties the export and re-export of an relevant national laws, and in a manner submit proposals based on those criteria Appendix-II species, unless it is not detrimental to the survival of the to amend these two Appendices to add, required by the destination country’s species in the wild. Breeding stock must remove, or reclassify species (such as national law. However, an export permit also be maintained without the the Government of Mexico’s 2010 or re-export certificate is required from introduction of specimens from the proposal to transfer the Morelet’s the exporting country prior to the wild, except for the occasional addition crocodile from Appendix I to Appendix international trade taking place. An of animals, eggs, or gametes meeting II). Parties discuss these amendment export permit may only be issued for certain requirements. The breeding proposals during the CoP, and then they Appendix-II species if the country of stock must have produced offspring of are submitted for adoption by the export determines that: (1) The export second generation (F2) in a controlled Parties (http://www.cites.org). will not be detrimental to the survival environment or be able to demonstrate A specimen of a CITES-listed species of the species; (2) the specimen was that it is capable of reliably producing may be imported into or exported (or re- legally obtained according to the animal second-generation offspring in a exported) from a Party only if the and plant protection laws in the country controlled environment. Resolution appropriate permit or certificate has of export; and (3) live animals or plants Conf. 12.10 (Rev. CoP15) defines the been obtained prior to the international are prepared and shipped for export to term ‘‘bred in captivity for commercial trade and presented for clearance at the minimize any risk of injury, damage to purposes’’ as ‘‘any specimen of an port of entry or exit. health, or cruel treatment. animal bred to obtain economic benefit, A re-export certificate may only be including profit, whether in cash or Regulation of Trade in Appendix-I issued for Appendix-II species if the kind where the purpose is directed Specimens country of re-export determines that: (1) toward sale, exchange, or provision of a Both an export permit or re-export The specimen was imported into their service or any other form of economic certificate must be issued by the country country in accordance with CITES and use or benefit.’’ Countries operating of export and an import permit from the (2) live animals or plants are prepared CITES-registered operations must country of import must be obtained and shipped for re-export to minimize ensure that the operation, ‘‘will make a prior to international trade for any risk of injury, damage to health, or continuing meaningful contribution Appendix-I species. An export permit cruel treatment. according to the conservation needs of may only be issued if: (1) The country Parties to CITES are required to the species’’ (CITES 2007b, pp. 1–2). of export determines that the export will monitor both the export permits granted Under the exception in the Treaty and

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Resolution Conf. 12.10 (Rev. CoP15), registered with the Government of Mexico’s Proposal To Transfer the specimens of Appendix-I species Mexico must be closed-cycle and prove Morelet’s Crocodile to CITES Appendix originating from CITES-registered that they can produce individuals II captive-breeding operations can be beyond the F2 generation (UMAs are At the 2008 CITES Animals traded for commercial purposes, and described more fully below). Only 4 of Committee meeting, the Government of shipments only need to be accompanied the 19 UMAs have a captive population Mexico submitted for comment and by an export permit issued by the sufficiently large to support commercial review a draft proposal to transfer exporting country. The importer is not trade, and only 2, Cocodrilos Mexicanos Mexico’s population of Morelet’s required to obtain an import permit and Industrias Moreletii, of these 4 crocodile from Appendix I to Appendix because these specimens are treated as UMAs currently support international II based on Mexico’s belief that the CITES Appendix II. Countries that are commercial trade() (CITES 2010a, Morelet’s crocodile no longer met the Parties to CITES should restrict their Annex 3, p. 24). Importing Morelet’s criteria for inclusion in Appendix I imports of Appendix-I captive-bred crocodiles from Mexican captive- (CITES 2008a, pp. 1–28; CITES 2008a, p. specimens to those coming only from breeding operations no longer requires a 32). Committee members were generally CITES-registered operations. Additional CITES import permit because a CITES favorable of the proposal, but had information on CITES-registered import permit is not required for several technical questions and operations can be found on the CITES Appendix-II species. However, a CITES suggestions. The Government of Mexico Web site at http://www.cites.org/eng/ export permit or re-export certificate is subsequently revised their 2008 resources/registers.shtml. still required. Although the two Prior to the downlisting of the species proposal and formally submitted a 2010 remaining UMAs capable of supporting CITES proposal for consideration at in Mexico and Belize, three CITES- trade (Cacahuatal in Veracruz State and registered operations for Morelet’s CoP15, held in March 2010 in Doha, Punta del Este in Campeche State) Qatar (Government of Mexico 2010). crocodiles were located in Mexico. currently do not contain enough These facilities, while no longer The 2010 proposal was to transfer the Morelet’s crocodiles to support Morelet’s crocodile throughout its range registered with the CITES Secretariat, international commercial trade, they do are still in operation (CITES 2010a, p. to Appendix II (CoP15 Prop. 8). The have enough potential annual CITES Secretariat reviewed the proposal 24, Annex 3). The names of these production to produce enough skins to operations are: and agreed that the Morelet’s crocodile support local commercial trade (CITES no longer met the biological criteria for (1) Cocodrilos Mexicanos (established 2010a, Annex 3, p. 24). in 1989; (former) registration number A– an Appendix-I species and Because the Morelet’s crocodile in MX–501) in Culiacan, Sinaloa State. In recommended that the proposal be Guatemala is listed as an Appendix-I 2008, this operation contained 28,673 adopted. captive Morelet’s crocodiles for species under CITES, the only way that The Government of Mexico’s 2010 commercial production (CITES 2010a, Morelet’s crocodiles and their parts and CITES proposal recommended p. 24, Annex 3). products from Guatemala could legally transferring the Morelet’s crocodile from (2) Industrias Moreletii (established in be traded commercially in international Appendix I to Appendix II because the 1993; (former) registration number A– trade is if a captive-breeding operation species no longer met the criteria for MX–502) in Villahermosa, Tabasco were to be registered with the CITES inclusion in Appendix I. Under the State. In 2008, this operation contained Secretariat. However, because 2010 proposal, the transfer to Appendix 1,237 captive Morelet’s crocodiles for Guatemala does not currently have any II applied to all three range countries. commercial production (CITES 2010a, captive-breeding operations that are The 2010 proposal included an p. 24, Annex 3). registered with the CITES Secretariat, annotation establishing a zero quota for (3) Cocodrilos de Chiapas (established the commercial international trade in wild specimens. The zero quota would in 1989; (former) registration number A– Morelet’s crocodile products from prohibit any international trade in wild MX–503) in Tapachula, Chiapas State. Guatemala remains restricted. specimens within the context of CITES, In 2008, this operation contained six However, under the current listing of thereby limiting the trade in Morelet’s captive Morelet’s crocodiles for the species under the Act, it remains crocodile and its products to those exhibition purposes (CITES 2010a, p. illegal to import Morelet’s crocodiles or originating from sources other than wild 24, Annex 3). their parts or products into the United specimens. Although the Belize- When the CITES Appendix-II States, regardless of the source, unless Guatemala-Mexico Tri-national Strategy designation became effective on June 23, the purpose of the import is for for the Conservation and Sustainable 2010, for Morelet’s crocodiles in Mexico scientific research or enhancement of Use of Morelet’s Crocodile (see the Post- and Belize, commercial international propagation or survival of the species. delisting Monitoring section, below) trade in captive Morelet’s crocodiles When this final rule is effective (see includes long-term plans for ranching, was no longer limited to crocodiles DATES above), the prohibitions of the none of the range countries have originating from the three operations Act are removed. Morelet’s crocodile indicated they plan to ranch Morelet’s that were registered with the CITES parts and products originating from crocodiles within the foreseeable future. Secretariat. However, with the sources other than wild populations The Government of Mexico consulted annotated listing, no export of wild- from Mexico and Belize may be with the Governments of Belize and caught specimens for commercial imported into the United States for Guatemala on their 2010 CITES purposes is allowed. Thus, any commercial purposes, as long as the proposal. The Government of Belize commercial export will continue to required CITES export permit or re- supported the proposal, but did not come from sources other than wild export certificate has been granted. As provide documents to the CITES populations. There are currently 19 discussed earlier, however, an export Secretariat to indicate their official closed-cycle, captive-breeding permit will not be granted unless the support. According to the Government operations registered with the exporting country finds that the export of Mexico’s 2010 CITES proposal, the Government of Mexico as UMAs for the will not be detrimental to the species Government of Guatemala supported the production of Morelet’s crocodile in and the specimen was lawfully proposal in part, but recommended Mexico. Under Mexican law, UMAs acquired. transferring only the Mexican

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population of Morelet’s crocodile in offspring beyond the F2 generation specific ministries or departments. The captive-breeding operations to (CITES 2008, p. 23; CITES 2010a, p. 9). three range countries have an extensive Appendix II, with a zero quota for wild Now that the Morelet’s crocodile in regulatory framework to control specimens traded for commercial Mexico and Belize is transferred to activities with respect to the Morelet’s purposes. In a letter from Guatemala’s CITES Appendix II with an annotation crocodile and its habitat. Mexico is Consejo Nacional de Areas Protegidas to providing a zero quota for wild unique among the three range countries the Ambassador of Mexico dated 5 June specimens traded for commercial in that the Government of Mexico also 2009 (CITES 2010a, Annex 4, p. 25), the purposes, and when this delisting rule has legislation regulating captive- Government of Guatemala indicated that becomes effective (see DATES, above), breeding operations. live Morelet’s crocodiles and parts and it did not support the Government of Mexico Mexico’s 2010 CITES proposal as products originating from any captive- written. They recommended verifying breeding operations in Mexico (and The Government of Mexico has a that moving captive Morelet’s crocodiles Belize, if any) may be imported into the strict and comprehensive legal in Mexico to Appendix II would not put United States. In addition, Morelet’s framework to regulate the conservation wild Morelet’s crocodiles in Mexico at crocodile products manufactured in and sustainable use of the Morelet’s risk. They supported Mexico’s transfer other countries could also be re- crocodile in Mexico: of captive-bred populations of Morelet’s exported into the United States if those (1) Ley General de Equilibrio ´ ´ crocodiles from Appendix I to skins originated in Mexico or Belize and Ecologico y Proteccion al Ambiente Appendix II provided the parties ensure were not derived from wild populations. (LGEEPA; General Ecological the following: Live Morelet’s crocodiles and parts or Equilibrium and Environmental Protection Law)—This is the primary • They verify that wild populations of products originating from Guatemala Mexican law for environmental matters Morelet’s crocodiles in Mexico will not will remain in CITES Appendix I, with and is the principal legal instrument be at risk as they are moved from its associated trade restrictions that regulates the Morelet’s crocodile in Appendix I to II; remaining in place. • Mexico (CONABIO 2005, Annex 3, p. 1). If Mexico’s proposal at CoP15 is CITES National Legislation Project Passed in 1988, this law applies to and approved, then measures should be put Through Resolution Conf. 8.4 (Rev. integrates the three levels of government in place for strict monitoring and CoP15), the Parties to CITES have within the context of natural resources: enforcement on the Mexico-Guatemala adopted a process, the National Federal, state, and municipal. With border; • Legislation Project, to evaluate whether regard to trade in wildlife species, That the marking of live animals be Parties have adequate domestic including the Morelet’s crocodile, the done by methods that cannot be falsified legislation to successfully implement LGEEPA contains the basis to regulate and that skins be tagged in accordance the Treaty. In reviewing a country’s all activities, including importation, with CITES to maintain chain of national legislation, the Secretariat exportation, seizures, sustainable use, custody; considers whether a Party’s domestic violations, fines, animal welfare, and • That the tagging methods for laws designate the responsible Scientific legal possession. While 45 articles Mexican populations of Morelet’s and Management authorities, prohibit within the Mexican LGEEPA deal with crocodile be widely circulated to range trade in violation of the Convention, environmental contamination countries and those countries importing have penalty provisions in place for (CONABIO 2005, Annex 3, p. 1), we are parts and products as well as live illegal trade, and provide for seizure of not aware of any specific provisions or specimens. specimens that were illegally traded or their relevance to Morelet’s crocodile. Under Guatemala’s recommended possessed. (2) Ley General de Vida Silvestre scenario, Morelet’s crocodiles in Mexico While both Guatemala and Mexico’s (LGVS: General Wildlife Law)— Passed and Belize would be in Appendix II, legislation have been determined to be in 2000, this law regulates the use, with a zero quota for wild specimens sufficient to properly implement the conservation, and management of traded for commercial purposes, and all Treaty, Belize’s national legislation was domestic wild fauna and flora and their Morelet’s crocodiles in Guatemala considered lacking. As part of the habitat (CONABIO 2005, Annex 3, pp. would remain on Appendix I (CITES National Legislative Project, Belize has 1–2). This law is based on the principle 2010a, pp. 12, 25–26). The Appendix-II submitted a plan to revise their of sustainable use. Any activity with designation became effective on June 23, legislation to the Secretariat in March regard to wild fauna and flora must 2010. As a result, Morelet’s crocodiles 2010, but as of the publication of this comply with certain requirements: The and their products from Mexico and final rule, Belize has not officially activity must be supported by an Belize from sources other than wild enacted any revised legislation (CITES approved management plan; the populations are now allowed to enter 2010e). Although a trade suspension quantity to be harvested must be less international trade for commercial was put in place for Belize for one than natural recruitment (replacement); purposes under CITES. They are not, orchid species, Myrmecophila tibicinis, and the harvest must not have negative however, currently able to enter the the suspension was in relation to the impacts on the wild populations, their United States market because the Act’s Review of Significant Trade in habitat, or biological activities. With prohibitions remain in effect. The Specimens of Appendix II species regard to the Morelet’s crocodile, international commercial trade in all (CITES 2010d) and not due to Belize’s harvest of wild populations is not wild Morelet’s crocodiles remains current legislation implementing CITES. permitted, and harvest under this law restricted. After the effective date of this final rule would only be permitted for specimens At this time, the Government of (see DATES, above), CITES will obtained through closed-cycle, captive- Mexico intends to export products continue to protect the Morelet’s breeding operations that have programs derived from Morelet’s crocodiles raised crocodile throughout its range by that contribute to the development of in its captive-breeding operations that regulating international trade. wild populations (CITES 2010a, p. 9). are registered with the Government of All three countries also have According to the LGVS, alien Mexico as UMAs, and that have a protected-species and protected-areas specimens or populations are those proven track record of producing legislation under the jurisdiction of occurring outside their natural range

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(such as the Morelet’s crocodiles found 2001, this regulation provides legal Mexico established a system for on the Pacific coast of Mexico), protection to domestic endangered registering, supervising, and enforcing including hybrids. Such specimens or species of fauna and flora, and provides UMAs (Unidad de Manejo y populations can only be managed in a mechanism to evaluate extinction Administracioń; Conservation captivity, and with prior approval. A risks (CONABIO 2005, Annex 3, p. 3). Management and Administrative Units) management plan must be in place with The Me´todo de Evaluacioń de Riesgo de for intensive reproduction of established security and contingency Extincioń de Especies Silvestres de economically valuable natural measures to avoid any negative effects Me´xico (MER; Method to Evaluate resources, including captive farming of on the conservation of wild native Wildlife Extinction Risks in Mexico), Morelet’s crocodiles (CONABIO 2005, specimens and populations or their one of the parts of this regulation, has Annex 3, pp. 3–5). The goal of this habitat. LGVS establishes management, four categories of risk: Probably extinct regulation was to ensure that control, and remediation measures for in the wild, in peril, threatened, and biodiversity conservation be considered individuals or populations considered subject to special protection. The within the context of the production harmful. Measures may consist of Morelet’s crocodile is included in the and socioeconomic needs of the capture/collection for the development category ‘‘subject to special protection.’’ country. This system combined a broad of recovery, restocking, and This regulation defines the category range of entities or facilities (‘‘units’’) reintroduction projects; for research or ‘‘subject to special protection’’ as ‘‘those under a single administrative program, environmental education activities; for species or populations that might find including zoological and botanical relocation of specimens (subject to prior themselves threatened by factors that gardens, greenhouses, and animal evaluation of the destination habitat and adversely affect their viability, thus breeding centers. Through these units, condition of the individuals); for determining the need to promote the Government of Mexico promotes elimination or eradication of conservation or recovery and the natural resources uses that are individuals/populations; or of actions or recovery and conservation of associated responsible and planned. Extensive and devices to keep the individuals away, species populations. (This category may intensive captive-breeding units for the disperse them, make access difficult, or include lower risk categories of the Morelet’s crocodile are covered under reduce the damage they cause (CITES IUCN classification).’’ this system. In exchange for the right to 2010a, p. 9). Although the Government of Mexico harvest the Morelet’s crocodile under (3) Programa de Conservacio´ n de la no longer classifies the Morelet’s controlled conditions, closed-cycle, Vida Silvestre y Diversificacio´ n crocodile as ‘‘endangered’’ or captive-breeding unit operators are Productiva en el Sector Rural (Program ‘‘threatened,’’ classification as ‘‘subject required to develop and implement an for Wildlife Conservation and to special protection’’ under Mexican approved management plan for the site, Productive Diversification of the Rural Official Law NOM–059–SEMARNAT– as well as to conserve the species’ Sector)—Launched in 2000, this 2001 allows legal protection at the habitat and other species that use that program defines the conceptual, national level (CITES 2010a, p. 9). habitat. Strict animal husbandry strategic, legal, and administrative Including the Morelet’s crocodile in this practices and welfare considerations are framework that governs any initiative category allows the Government of required under these plans. for the conservation and use of wild Mexico to make sure it still meets the Legal registration of approved UMAs species (CITES 2010a, p. 8). The goal of conservation needs of important species requires proof of captive production this program is to establish incentives from both a biologically and beyond the F2 generation (CITES 2010a, for private and public initiatives that socioeconomic standpoint before the p. 9). For intensive UMAs, such as favor natural resources conservation, as species can be considered to be captive-breeding operations in Mexico, well as provide economic opportunities endangered or threatened. CONABIO the Government of Mexico requires the for private entities for the sustainable recommended keeping the Morelet’s UMAs to submit regular reports that use of these resources (CONABIO 2005, crocodile in this category of ‘‘subject to must include information on births and Annex 3, pp. 2–3). Based on a biological special protection’’ to maintain existing deaths, number and identification of evaluation of the species, this program measures of conservation, technical traded specimens, and management promotes the use and conservation of supervision, monitoring and activities (CITES 2010a, p. 10). priority species of plants and animals, enforcement in order to avoid the The Government of Mexico uses three including the establishment of wildlife species’ having a higher risk category in methods to mark live Morelet’s production units and technical advisory the future (CONABIO 2005, p. 4 and crocodiles registered with the Wildlife committees such as the COMACROM Annex 2, p. 5). Division through the corresponding (Subcomite´ Tećnico Consultivo para la (5) Norma Oficial Mexicana NOM– inventories of UMAs. The first method Conservacioń, Manejo y 126–SEMARNAT–2000—Passed in is interdigital staples on the feet. The Aprovechamiento Sustentable de los 2000, this regulation oversees scientific second method is the traditional method Crocodylia en Me´xico; Technical research and collection by individual of cutting notches in the tail scales and Advisory Subcommittee for the domestic and foreign researchers, as is only used by some operations (CITES Conservation, Management, and well as by institutions (CONABIO 2005, 2010a, p. 10). These marks are registered Sustainable Use of the Crocodilians in Annex 3, p. 3). If a species is also with the Government of Mexico. The Mexico) in the case of the Morelet’s regulated under CITES, the appropriate third method is the Universal Tagging crocodile. Created by the Government of permit or certificate must be obtained System required by CITES for the export Mexico in 1999, COMACROM includes under this regulation. Scientific of skins (Resolution Conf. 11.12 (Rev. scientists, technicians, NGOs, research or collections involving the CoP15)), which consists of a plastic producers, authorities, and other Morelet’s crocodile are regulated under security tag with the UMA registration stakeholders. It participates in meetings these provisions. number, the species code, a serial of the IUCN Crocodile Specialist Group (6) Sistema de Unidades de Manejo number, and the year of production or (CSG) and contributes publications to para la Conservacio´ n de la Vida harvest. Any application for a CITES the CSG (CITES 2010a, p. 8). Silvestre (SUMA; Wildlife Conservation export permit must include the number (4) Norma Oficial Mexicana NOM– Management and Administration Unit of the authorized specimen based on the 059–SEMARNAT–2001—Passed in System)—In 1997, the Government of interdigital tag and the skin’s plastic

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security tag, and is used to track skins SEMARNAT created the office of the crocodile, or on the current level of and other products (CITES 2010a, p. 10). Procuradurıá Federal de Proteccioń al enforcement, or whether the Approximately 50 UMAs have been Ambiente (PROFEPA; Federal enforcement is considered adequate. registered for rearing Morelet’s Prosecutor for Environmental Belize crocodiles in Mexico since the 1980s, Protection) and the Programa para la primarily for domestic commerce. Inspeccioń y Vigilancia en Puertos, The Government of Belize also has a Nineteen of them are still actively Aeropuertos y Fronteras (Ports, legal framework that regulates the managing the species, and 3 were Airports, and Borders Inspection and conservation and sustainable use of the registered with the CITES Secretariat Enforcement Program) (CONABIO 2005, Morelet’s crocodile, along with other when the species in Mexico was Annex 3, p. 6). Under this program, species of birds, mammals, and reptiles included in Appendix I (CITES 2010a, imports and exports for key products (collectively known as Scheduled p. 11). Only 5 of the 19 UMAs have the regulated by SEMARNAT are inspected species). In general terms, the Wildlife potential for annual commercial at 65 points of entry and exit to prevent Protection Act prohibits illegal harvest production of products made from laundering. Morelet’s crocodile and export in Belize (Government of Morelet’s crocodile (CITES 2010a, p. products are regulated under this Belize 2000 pp. 7–9). The Forestry 24). program. PROFEPA implements the Department, within the Ministry of ´ (7) Sistema Nacional de Areas Environmental Inspection Program at Natural Resources and the Environment, Naturales Protegidas (SINANP; National ports, airports, and borders, as well as is the relevant government agency with System of Protected Natural Areas)— the Wildlife Inspection Program, which respect to the Morelet’s crocodile. Passed in 2000, this system is made up monitors all stages of the use of wild Under this legislation, the Game of parcels identified as Protected species and ensures their protection. Warden controls hunting of these Natural Areas (CONABIO 2005, Annex Inspection and enforcement programs species. Certain activities are 3, p. 5). These Protected Natural Areas make these Mexican laws and prohibited, and a license is required. are created by Presidential decree and regulations more effective, especially at For example, hunting of the Morelet’s the activities on them are regulated airports and border ports of entry and crocodile is prohibited. Importation and under the LGEEPA, which requires that exit. Specific actions include the exportation of wildlife is subject to strict the Protected Natural Areas receive verification of cross-border movements protocols and provisions of the Wildlife special protection for conservation, in compliance with CITES and other Protection Act and requires a permit. Hunting of certain species for scientific restoration, and development activities. international agreements in or educational purposes also requires a The National Commission of Natural coordination with customs authorities; permit. The legislation also identifies Protected Areas (CONANP), a inspection of areas of wildlife harvest, offenses and penalties. decentralized organ of the Government stockpiling, distribution, and sale; of Mexico’s Ministry of Environment In addition to the Wildlife Protection surveillance of areas of wildlife and Natural Resources (SEMARNAT), Act, the Government of Belize is in the distribution and harvest; and special currently administers 173 federal process of developing and operations in areas of wildlife harvest, natural areas representing more than implementing a National List of Critical stockpiling, distribution and sale, in 62,396,392 ac (25,250,963 ha). These Species (Meerman 2005a, pp. 1–8; coordination with public law natural areas are categorized as: Meerman 2005b, p. 38). This list is enforcement and judicial authorities Biosphere Reserves, National Parks, based, in part, on the procedures used (Govt. of Mexico 2010, p. 11). Mexico Natural Monuments, Areas of Natural by IUCN Red List of Threatened has implemented several programs to Resource Protection, Areas of Protection Animals (see IUCN 2001, version 3.1, 35 prevent and combat illegal harvest, of Flora and Fauna, and Sanctuaries. pp.). Within the context of the Belize These areas are protected under including the System of Wildlife Protected Areas Policy and System Plan, Mexican law because they contain key Management Units (SUMA) which is this list will serve as a basis for the or representative ecosystems or species, based on six key elements: (1) Belize Red Data List. According to the or ecosystems or species that are at risk Registration with the Wildlife Division 2005 list (Meerman 2005a, p. 8), the and require strict control. Many (DGVS Direccioń General de Vida Morelet’s crocodile is categorized as ecosystems or species, including the Silvestre—SEMARNAT, CITES ‘‘CD’’ (Conservation Dependent) in Morelet’s crocodile, are protected under Management Authority); (2) proper Belize due to the following factors: this system. According to the habitat management; (3) monitoring of small range, hunted, economic Government of Mexico, SINANP wild populations of the species importance, charismatic species includes at least 12 protected areas harvested; (4) controlled harvest drawing national and international occupied by Morelet’s crocodile, (including periodic reports and attention, and persecuted as perceived covering an estimated 13 percent of the inventories on each UMA); (5) pest. Under the 2005 list, Conservation species’ geographic range (CONABIO management plan approved and Dependent species are taxa that are the 2005, p. 30). registered with the Wildlife Division; focus of a continuing taxon-specific or (8) Co´ digo Penal Federal (Federal and (6) certificate of production and habitat-specific conservation program Penal Code)—The code contains a market/tagging methods. SEMARNAT for the taxon in question, the cessation special section for environmental crimes conducts random inspections of UMAs of which would result in the taxon (CONABIO 2005, Annex 3, pp. 5–6). and, if any issues are detected in the qualifying for one of the threatened These penalties apply to those who management plan, carries out categories on the list within 5 years commit crimes against plants or population studies, including sampling (Meerman 2005a, p. 3). animals, as well as to individuals who activities and species inventories, and These laws and regulations provide illegally use or commercialize regulated producing periodic reports on these legal protection to the Morelet’s species without authorization. These findings (CITES 2010a, p. 10). crocodile in Belize. We have no penalties apply to crimes involving the We do not have any information on information on whether the Wildlife Morelet’s crocodile. whether the Mexican legal framework Protection Act is sufficiently enforced. In order to implement and enforce the specifically authorizes subsistence The CITES Legislation Project (CITES laws and regulations mentioned above, hunting or cultural use of the Morelet’s 2010e) concluded that Belize’s national

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legislation does not meet any of the of institutional control over the area Attorney General’s Office to combat requirements for implementing CITES. (ParksWatch 2003, pp. 1, 11). However, drug trafficking and the illegal harvest However, Belize has submitted a plan in 2004, ParksWatch stated that the staff of natural resources and archaeological and draft legislation to CITES as of at Laguna del Tigre had doubled in size sites of that region of the MBR (Latin March 2010, but has not officially since their 2003 report (ParksWatch American Herald Tribune, December 6, enacted the legislation. In spite of this 2004, p, 30.) Seventy-three park rangers, 2010). assessment by CITES, trade data seem to 10 archeological site guards, and 96 The Government of Guatemala is also indicate the threat of unregulated trade Army personnel were hired to staff the participating in the Tri-national Strategy from Belize is minimal. park, and since the increase in staffing, (see the Post-delisting Monitoring section below) for Morelet’s crocodile, Guatemala both the park and the biotope are ‘‘constantly patrolled.’’ In addition, the wherein specific actions directed The Government of Guatemala also Wildlife Conservation Society and toward the Morelet’s crocodile are has a legal framework that regulates the USAID continued its ‘‘Biodiversity defined. Conservation actions in conservation and sustainable use of Conservation at a Landscape Scale’’ Guatemala are being developed and natural resources, including the program and have provided a implemented within the context of the Morelet’s crocodile (IIA URL FCAA comprehensive plan with specific goals Convention on Biological Diversity and IARNA 2003, pp. 67–69; IARNA URL to preserve and protect wildlife in the the National Biodiversity Strategy and IIA 2006, pp. 104–107; Repu´ blica de Maya Biosphere Reserve (MBR) in Action Plan (Birner et al. 2005, p. 285). Guatemala 2007, pp. 3–4, 31). In general Guatemala through conserving wildlife Many outstanding accomplishments terms, and based on our review of other species and their habitat, while have been achieved in Guatemala in materials, natural resources maintaining the economic productivity terms of biodiversity conservation management is under the jurisdiction of of renewable natural resources. They are (IARNA URL IIA 2006, p. 22), and the the Ministerio de Ambiente y Recursos fulfilling these goals by establishing Guatemalan government seems Naturales (Ministry of the Environment specific parameters: ‘‘to develop committed to ensuring that and Natural Resources; USAID 2002, pp. adaptive and participatory strategy to environmental management and ´ 44–45; Republica de Guatemala 2007, reduce threats to wildlife in the MBR; to enforcement efforts continue. pp. 3–4, 9). The main legislation in this develop, implement, and monitor ´ Summary of Factor D regard is Decreto Numero 4–89 (Ley de sustainable mechanisms to reduce ´ Based on the fact that all three range Areas Protegidas, Gobierno de threats to wildlife and ecosystems Guatemala 1989, pp. 1–24; Birner et al. countries are Parties to CITES, have across the MBR landscape; to learn and 2005, p. 290; Law of Protected Areas protected-species and protected-areas teach best management practices for the and Amendments/Revisions). This legislation, implemented that conservation of the MBR and beyond; decree established the Comisioń legislation, and enforce relevant laws, and to guide, design, and test wildlife- Nacional de A´ reas Protegidas (CONAP; the current regulatory mechanisms focused planning’’ (WCS 2008, p. 3). For National Commission on Protected appear to be adequate to conserve the the past 9 years, the WCS has been Areas). CONAP has been tasked to run Morelet’s crocodile in the majority of conducting over-flights of Laguna del the Sistema Nacional de A´ reas the species’ range. As per the CITES Tigre National Park with the Protegidas (SIGAP; National System of National Legislation Project (CITES Guatemalan National Park Service and Protected Areas; IARNA URL IIA 2006, 2010e), both Guatemala and Mexico’s pp. 104–107). In Guatemala, the LightHawk, a volunteer-based legislation meet all the requirements for Morelet’s crocodile is included in the environmental aviation organization, implementing CITES. Belize’s national Endangered Species List (Resolution No. and has used that information to legislation was considered not to meet ALC/032–99 of CONAP) in Category 2, identify illegal colonization, resulting in any of the requirements for ‘‘Seriously Endangered,’’ which successfully removing illegal squatters implementing CITES. However, Belize includes species that are endangered (80+ families) from the area. In addition, has submitted a plan and draft because of habitat loss, trade, the very over-flights revealed marijuana clearings legislation to CITES as of March 2010, small size of their populations, and/or on the eastern-most port of Mirador-Rıó but has not officially enacted the endemism with limited distribution Azule National Park in 2007. WCS over- legislation. Per decisions made during (CITES 2010a, p. 9). flights helped to monitor fires, locate CoP15, the CITES protections for In the past, threats to the Morelet’s illegal settlements, and notify the Morelet’s crocodiles in Guatemala will crocodile and its habitat in Guatemala, national and provincial government as remain unchanged. They will remain compounded with the lack of funding well as the national media of illegal protected as an Appendix-I species, and personnel, made it difficult for the activities. As a result, the presence of with those CITES trade restrictions Government of Guatemala to adequately fires in Laguna del Tigre National Park remaining in place. enforce these laws and regulations. has been reduced by 90 percent. In Together, Mexico and Belize contain Ongoing conservation actions were addition, WCS has taken an active role the majority of wild individuals (87 often overwhelmed by slow economic in educating locals and concessionaires percent) and the estimated potentially development, high levels of poverty, on best management practices for suitable habitat (81 percent) throughout unequal land distribution, a highly sustainable use of forest products (WCS the species’ range. We anticipate that segmented society, and the effects of 10 year report, no date given, p. 6). these conditions will remain essentially more than 3 decades of civil war (Birner In August 2010, the president of the same, both domestically and et al. 2005, pp. 285, 292). In 2003, Guatemala announced that he was internationally, in the foreseeable Laguna del Tigre National Park was deploying 250 soldiers to recover fully future. However, we did not solely rely considered by ParkWatch as critically all the protected zones of El Peteń in the on these future measures in finding the threatened due to drug trade, land grabs, Laguna del Tigre section of the MBR. species is no longer endangered or the presence of human settlements, This ‘‘Green Battalion’’ was deployed threatened. expanding agriculture and cattle specifically to protect the Laguna del Existing regulatory mechanisms, ranching, poaching, forest fires, the oil Tigre National Park and work jointly including CITES and domestic industry, and an almost complete lack with the National Civil Police and the prohibitions on harvest of wild

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Morelet’s crocodiles, have played a vital 2001, a Morelet’s crocodile attacked a organochlorine contaminants have been role in the resurgence of Morelet’s 13-year-old male and caused him to detected in the scutes (external scales) crocodiles over the last 40 years. While drown in the Belama area of Belize City (DeBusk 2001, pp. viii–ix) and the some trade restrictions could be lifted in (Finger et al. 2002, p. 198). chorioallantoic membrane (CAM) of the future, particularly to allow More often, human-crocodile conflicts hatched Morelet’s crocodile eggs increased trade in captive-bred involving the Morelet’s crocodile are (Pepper et al. 2004, pp. 493, 495), as specimens now that Morelet’s more benign. In Mexico, for example, well as in whole contents analysis of crocodiles in Mexico and Belize have the Crocodile Museum (Chiapas State; nonviable crocodile eggs (Wu et al. been moved to CITES Appendix II with about 80 cases per year) assists local 2000a, p. 6,416; 2000b, p. 671; Wu et al. a zero export quota for wild specimens officials through the capture, rescue, 2006, p. 151). traded for commercial purposes, we and relocation of local crocodilians (all The most common organochlorine believe such lifting of restrictions would three species, including the Morelet’s found in studies of Morelet’s crocodile pose little risk to the species. All three crocodile) that are considered in Belize was DDE range countries restrict the use of wild potentially dangerous or, because of (dichlorodiphenyldichloroethylene), specimens, and the Government of their location (close proximity to human detected in 100 percent of eggs collected Mexico has institutions with proven activities), they might be killed by local by Wu et al. (2000b, p. 673) and 69 track records to administer and enforce inhabitants (Domı´nguez-Laso 2008, p. percent of CAMs sampled by Pepper et controls on captive-breeding operations 5). Abercrombie et al. (1982, p. 19) al. (2004, p. 495). Organochlorines have and laundering of illegal specimens. reported that the Morelet’s crocodile also been detected at additional sites Should the zero export quota for wild was generally feared in Belize. Finger et throughout coastal Belize and the specimens traded for commercial al. (2002, p. 199) indicated that interior highlands (Meerman 2006a, p. purposes be lifted, it may create greater development related to human 26; Wu et al. 2006, p. 153). Although enforcement challenges in all three occupation (such as residential areas exposure to organochlorines has been range countries in the foreseeable future and infrastructure) in Morelet’s linked to adverse effects on population because the taking of wild Morelet’s crocodile habitat around Belize City was health of the American alligator in crocodiles could be authorized. If this generating increasing numbers of Florida (several studies cited by Wu et happens, the requirements of CITES human-crocodile conflicts. Windsor et al. 2000b, p. 676), no population-level Appendix II will apply. The exporting al. (2002, p. 418) also noted that the effects were detected in Belize country will be required to determine practice of feeding the Morelet’s (McMurry and Anderson 2000, pp. 1, 4; that the export is not detrimental to the crocodile by residents and tourists was Wu et al. 2000b, p. 676). Rainwater survival of the species in the wild and becoming more common and was also (2003, pp. xii, 38), however, later specimens are legally acquired prior to generating increasing numbers of suggested that some of the sites that had issuing a permit authorizing the export. human-crocodile conflicts in Belize. been chosen for comparative purposes However, a change to the annotation According to Platt and Thorbjarnarson in fact had similar contaminant profiles would require approval of two-thirds of (2000a, p. 27), large Morelet’s and that some study results suggesting the Parties voting at a CoP and cannot crocodiles, despite legal protections, are no significant differences between sites be achieved unilaterally by any of the still perceived as threats to humans and may be equivocal. Reproductive impairment due to range countries. Therefore, we do not livestock, and are occasionally killed near residential areas in Belize. While endocrine-disrupting contaminants has have any indication that CITES and the educational programs are needed for been demonstrated elsewhere in regulatory mechanisms of the range local residents and visitors to deter this crocodilians and is suspected to occur countries will be inadequate to continue activity, it may also be necessary to with Morelet’s crocodiles in Belize due to protect the species in the wild when develop a problem crocodile removal to known contaminant levels (Selcer et this delisting rule becomes effective, or program to resolve these conflicts al. 2006, p. 50; Rainwater et al. 2008, p. if ranching or wild harvest are (Windsor et al. 2002, p. 418). No 101). Initial results have not authorized in the future. documented contaminant-induced The reproduction and survival rates of information was available about human- crocodile conflicts in Guatemala. vitellogenin in blood plasma in the wild Morelet’s crocodiles are currently Although human-crocodile conflicts are Morelet’s crocodile, but this condition robust. Populations remain stable affecting local populations of Morelet’s may occur in the wild in Belize; studies throughout most of their range, and crocodiles, and this is likely to continue are ongoing (Selcer et al. 2006, p. 50; have expanded their range in some in the foreseeable future, we do not have Rainwater et al. 2008, pp. 101, 106– areas. In conclusion, we find that, taken any evidence that it is currently or 107). together, the currently existing anticipated to be a threat to the species Mercury was detected in nonviable protections described above are as a whole. Morelet’s crocodile eggs collected from adequate, and they will remain adequate eight nests across three localities in to protect the Morelet’s crocodile and its Environmental Contaminants northern Belize in 1995 (Rainwater et al. habitat in the majority of its range now Environmental contaminants are 2002a, p. 320; Rainwater et al. 2002b, p. and within the foreseeable future. known to have negative impacts on 190). While mercury was detected in all Factor E. Other Natural or Manmade terrestrial vertebrates (Smith et al. 2007, eggs sampled, the mean concentration Factors Affecting the Continued p. 41), including crocodilians (Ross per egg was among the lowest reported Existence of the Species 1998, p. 3). The primary routes through values for any crocodile species. No which terrestrial reptiles, including the overt signs of mercury toxicity or Human-Crocodile Conflicts Morelet’s crocodile, are exposed to evidence of a population decline was The Morelet’s crocodile is known to environmental pollutants are ingestion noted for Morelet’s crocodiles at the site attack humans. While data about these of contaminated prey, dermal contact, (Rainwater et al. 2002a, pp. 321–322). conflicts are limited, anecdotal reports maternal transfer, and accumulation of All samples for studies of suggest that these conflicts are chemicals into eggs from contaminated organochlorine and mercury widespread and ongoing. In a well- nesting media (Smith et al. 2007, p. 48). contaminants cited above came from documented attack in Belize in August With regard to the Morelet’s crocodile, Belize, and we are not aware of any

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similar investigations elsewhere in the Genetic Heterogeneity p. 449; Ceden˜ o-Va´zquez et al. 2008, p. Morelet’s crocodile range (Mexico or Evaluation of nine microsatellite loci 661; Rodrı´guez et al. 2008, p. 674). Hybridization involves several key Guatemala). As reproduction and (highly repetitive DNA sequences) from issues. First, hybridization appears to be survival rates of Morelet’s crocodiles are Morelet’s crocodiles in Belize suggested bidirectional (males of one species with currently robust, we do not have any a high degree of genetic heterogeneity females of the other species, and vice reason to believe that environmental within local populations, relatively high versa). In addition, hybrids (confirmed contaminants are currently likely to levels of migration among populations, by laboratory tests) do not always cause the Morelet’s crocodile to become and no evidence of a major genetic exhibit physical characteristics (such as in danger of extinction within the bottleneck due to population depletion body size, shape, or coloration) that are foreseeable future. in the mid-1900s (Dever and Densmore a mixture of both species, and they are Populations currently remain stable 2001, pp. 543–544; Dever et al. 2002, p. not always readily identifiable as such throughout most of the species range, 1084). Population bottlenecks are a in the hand. Furthermore, F2 hybrids and have even expanded their range in period when a species population drops and backcrosses of hybrids to some areas. This provides empirical to such a low level that many genetic nonhybrids have been reported. These evidence of the species’ intrinsic lineages become extinct and genetic circumstances hinder the field resilience and adaptability. There is no variation is reduced to a few identification of potential hybrids. evidence that environmental individuals, resulting in genetic Ray et al. (2004, p. 459) stated that contaminants currently pose a threat to homogeneity. If severe, it can lead to further assessment of genetic contact the species. Although environmental inbreeding. Endangered species that do between these two species should contaminants may represent a potential not become extinct might expand their precede reclassification of Morelet’s threat, especially given the potential for populations, but with limited genetic crocodile under CITES, presumably long-term bioaccumulation of diversity, they may not be able to adapt because of uncertainty regarding contaminants during the species’ long to changing environmental conditions. numbers of genetically pure individuals reproductive life, given this species’ The high degree of genetic heterogeneity in Belize. While populations of both the resiliency we do not have any data to found in Morelet’s crocodiles was Morelet’s crocodile and the American indicate that they are likely to become attributed to frequent migration by crocodile suffered from the hunting a threat in the foreseeable future. individuals among the several adjacent pressures of the 1950s and 1960s, the Manmade factors that could affect the Morelet’s crocodile populations. Ray et American crocodile has been slower to continued existence of the Morelet’s al. (2004, pp. 455–457) found low levels recover. Indeed, Ray et al. (2004, p. 459) crocodile, according to CONABIO of genetic diversity in the mitochondrial noted that hybridization likely (CONABIO 2005, p. 32), were the control region of Morelet’s crocodiles at represents a greater danger to the construction and operation of oil 10 sites in northern Belize and at one genetic integrity of the larger but rarer extraction infrastructure and site each in northern Guatemala and American crocodile than to the thermoelectric plants. The operation of Mexico, but these results were Morelet’s crocodile in Belize. The chemical and manufacturing industries inconsistent with a population Service believes this concern bears could also become a threat if potentially bottleneck and may be typical of additional investigation, but is not toxic residual materials are disposed of crocodilian populations. Other studies sufficient to warrant continued improperly. These activities, however, of the repetitive sequences in the endangered or threatened status under are highly regulated by the Ley General mitochondrial control are ongoing in the the Act for the Morelet’s crocodile. de Equilibrio Ecolo´gico y Proteccio´n al Morelet’s crocodile and may be a useful One hypothetical concern about Ambiente (LGEEPA; General Ecological tool for researchers investigating hybridization is that supplementation of Equilibrium and Environmental population dynamics of this species wild Morelet’s crocodile populations in Protection Law) and the Attorney (Ray and Densmore 2003, p. 1012). Mexico with captive-bred crocodiles might affect the genetic integrity of wild General for the Protection of the Hybridization Environment (PROFEPA). Under populations. While analyses of captive- LGEEPA, every new project has to fulfill Data suggest that some hybridization bred populations have not been strict protocols for the assessment of between Morelet’s crocodiles and published, differences in the nature and environmental impacts before it can be American crocodiles has always extent of genetic variation of these approved. periodically occurred in the wild in populations compared with wild areas where both species are sympatric, populations might be expected. It is not As discussed above in the Factor D., and that the hybridization is more clear if these differences, if they occur, Inadequacy of Existing Regulatory frequent than previously believed would be significant or important from Mechanisms, section, the Government (Ceden˜ o-Va´zquez et al., 2008, pp. 666– a conservation standpoint. Furthermore, of Guatemala opposed the Government 667; Rodrı´guez et al. 2008, p. 678). In this issue may be a moot point. of Mexico’s 2010 CITES proposal based, fact, Ross (2011, pers. comm.) states that Although agreements between captive- in part, on threats to the species from ‘‘evidence suggests that hybridization is breeding operations and the pollution in Guatemala (CITES 2010a, p. a long standing, quite natural situation, Government of Mexico require breeders 6). However, we do not have any and likely a stable hybrid zone of the to make available up to 10 percent of information or data on the extent of the sort described for many other species. their offspring for reintroduction to the impact, if any, that pollution may have While it is of considerable scientific and wild, or as breeding stock for other on the Morelet’s crocodile in Guatemala. evolutionary interest, it does not crocodile farms in the country, no Genetic Diversity and Integrity constitute a threat to the species in its releases of captive-bred stock have present form.’’ occurred (Mexico 2006, p. 28). No At least three factors have been While the first hybrids were identified releases have occurred because the identified as potential threats with in coastal areas of eastern Belize, later current total population sizes of wild respect to the Morelet’s crocodile: (1) studies also located hybrids in Mexico populations in Mexico, according to Genetic heterogeneity; (2) hybridization; along the eastern and northern coasts of Mexican officials, are sufficiently large and (3) male-biased sex ratios. the Yucatan Peninsula (Ray et al. 2004, to render releases unnecessary (CITES

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2008, p. 23). However, accidental information is not sufficient to be able The information currently available escapes and deliberate releases of the to judge the timing of this potential, i.e., on the effects of climate change and the Morelet’s crocodile from captive-rearing that it will manifest within the available climate change models do not units outside of the species’ natural foreseeable future. Therefore, we do not make sufficiently accurate estimates of range have occurred in wetland habitats have any information to indicate that it location and magnitude of effects at a along the Pacific coast of Mexico. These is likely to become a threat in the scale small enough to apply to the range wetland habitats are already occupied foreseeable future. of the Morelet’s crocodile. We do not by the naturally occurring American Natural Weather Events have any information on the projected crocodile, and interactions between the impacts to the Morelet’s crocodile two crocodile species are likely (Ross Natural weather can affect the because of climate change, particularly 1995, p. 14). These escapes and releases Morelet’s crocodile. Hurricanes or heavy the potential impacts of shifting global of Morelet’s crocodiles may pose risks to seasonal rains, for example, may pose temperatures on sex ratios. The study by the genetic integrity of naturally risks to Morelet’s crocodile eggs located Escobedo-Galvań et al. (2008) regarding occurring American crocodiles, but in nests along water channels. Flooding climate change’s projected impacts to probably not to Morelet’s crocodiles. associated with hurricanes or rains, the American crocodile illustrates the The Government of Mexico is making however, may also provide conservation possible impacts to the Morelet’s efforts to diagnose potential threats to benefits to the Morelet’s crocodile by crocodile. This study, entitled the native American crocodile caused facilitating movements of individuals ‘‘Potential effects of climate change on by hybridization with the introduced across the landscape, thereby promoting the sex ratio of crocodiles’’ (Escobedo- Morelet’s crocodile on the Pacific coast gene flow (CITES 2010a, p. 6). Galvań et al. 2008), was presented at the of Mexico. The goal of these efforts is to Furthermore, extended dry periods can February 2008 International Science generate morphological and molecular result in the temporary disappearance of Symposium: Climate Change and identification materials and study the ephemeral water bodies, with Diversity in the Americas. The study population dynamics of the American concomitant increases in Morelet’s selected several areas in Florida and crocodile. The efforts will include crocodile densities and intraspecific western Mexico that contain American monitoring and harvest of Morelet’s interactions at nearby sites that still crocodiles, and used the current crocodiles and hybrids for scientific have water. There is no evidence, environmental information for these research (CITES 2010a, p. 6). however, that natural weather areas to predict how increased Although hybridization between conditions have been a problem for the temperatures would affect the potential Morelet’s crocodile, which has adapted American and Morelet’s crocodiles geographical distribution and sex ratios to these weather conditions. Therefore, continues to affect some local of the species in Florida, the Caribbean, we have no reason to believe that populations of the Morelet’s crocodile, and Central America. the impacts appear to be very small. We natural weather events are currently have no evidence that hybridization is likely to cause the Morelet’s crocodile to Based on a preliminary analysis currently or anticipated to significantly become in danger of extinction within (focusing on the geographic distribution affect the Morelet’s crocodile the foreseeable future throughout all or and sex ratios of American crocodiles in throughout its range. any significant portion of its range. the present, 2020, and 2050), Escobedo- Galvań et al. (2008) postulated that the Male-Biased Sex Ratios Climate Change geographic distribution and sex ratios of Another potential risk from The Intergovernmental Panel on American crocodile populations in supplementation of wild populations Climate Change (IPCC) concluded that different parts of the range would with captive-bred Morelet’s crocodiles warming of the climate system is change in response to temperature and is that of skewed sex ratios (greater unequivocal (IPCC 2007a, p. 30) and sea sea-level parameters. Crocodiles are proportion of males in captive levels are expected to rise well into the ectothermic, relying on external sources populations). Incubation temperature foreseeable future (Bates et al. 2008, pp. of heat to regulate their body affects the sex ratio of crocodilian 20, 28–29). Numerous long-term temperature. They control their body species differently (Escobedo-Galvań changes have been observed including temperature by basking in the sun, or 2006, p. 131). Like many crocodilian changes in arctic temperatures and ice, moving to areas with warmer or cooler species, the Morelet’s crocodile exhibits widespread changes in precipitation air or water temperatures. Optimal temperature-dependent sex amounts, ocean salinity, wind patterns, growth in crocodilians has been found determination. Incubation temperatures and aspects of extreme weather to occur around 88 °F (31 °C), with greater than about 93 °F (34 °C) or less including droughts, heavy precipitation, appetites and effective digestion than 90 °F (32 °C) produce females, heat waves, and the intensity of tropical diminishing below 84 °F (29 °C) (Brien while temperatures between 90–93 °F cyclones (IPCC 2007b, p. 7). Based on et al. 2007, p. 15). As global (32–34 °C) generally produce males scenarios that do not assume explicit temperatures increase, areas that are (Escobedo-Galvań 2006, p. 133; climate policies to reduce greenhouse currently too cool to support American Escobedo-Galvań et al. 2008, p. 2). Some gas emissions, global average and Morelet’s crocodiles may become wild populations of the Morelet’s temperature is projected to rise by 2– warm enough to support them in the crocodile in Belize also have greater 11.5 °F by the end of this century future. According to Escobedo-Galvań et proportions of males than females (5.3 (relative to the 1980–1999 time period) al. 2008, increased global temperatures males per 1 female), but seem to be (USGCRP 2011, p. 9). Species that are and sea level would benefit the healthy (Platt and Thorbjarnarson dependent on specialized habitat types, American crocodile by significantly 2000a, p. 23). We do not have any limited in distribution, or occurring increasing its potential habitat and evidence that skewed sex ratios already at the extreme periphery of their distribution. Their study predicted that currently pose a threat to the species. range will be most susceptible to the the current potential distribution for the Although skewed sex ratios may impacts of climate change. While American crocodile would expand 69 represent a potential threat, especially continued change is certain, the percent in 2020, and 207 percent in given the potential for skewed sex ratios magnitude and rate of change is 2050. This is an 81 percent increase in as a result of climate change, this unknown in many cases. potential distribution from 2020 to 2050

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(Escobedo-Galvań et al. 2008, Although American crocodiles are conservation threat to the Morelet’s presentation, pp. 9–10). found primarily in saline and brackish crocodile (for example, the Chalillo The study also predicted that environments, they can also be found in hydroelectric dam in Belize on the increased global temperatures would abandoned coastal canals and borrow Macal River, an area inhabited by the have a significantly negative impact on pits, and may range inland into Morelet’s crocodile) (Environment News the sex ratios of the American crocodile. freshwater environments preferred by Service 2004, p. 1; Hogan 2008, p. 2). At Like many other crocodilian species, Morelet’s crocodiles, such as lakes and the national level, six main both the American and the Morelet’s lower reaches of large rivers. American environmental issues affecting natural crocodile exhibit temperature- crocodiles are extremely adaptable in resources have been identified for dependent sex determination. The their nesting strategy, and while they Belize: (1) High deforestation rate; (2) macroclimate (global climate) affects the mainly nest in holes, individuals will solid and liquid waste management mesoclimate (the temperature outside of readily build mound nests if suitable issues; (3) rising poverty rates; (4) rapid a crocodile’s nest), which in turn affects materials are available. American and coastal development; (5) ineffective the microclimate (the temperature Morelet’s crocodiles have been known institution and legal frameworks; and inside of a crocodile’s nest), which in to lay eggs within the same nest mound (6) oil discovery (Young 2008, p. 18). turn determines the proportion of males as conspecifics, suggesting a more We do not have any information to to females produced in the nest gregarious and tolerant demeanor (Brien indicate the extent of the impact, if any, (Escobedo-Galvań et al. 2008, et al. 2007, pp. 17–18). Sea-level rise that these environmental issues may presentation, p. 4). Incubation would significantly expand the amount have on the Morelet’s crocodile in temperatures greater than about 93 °F of inland saline and brackish coastal Belize. There is no evidence that these (34 ßC) or less than 90 °F (32 ßC) produce habitat available to the American environmental issues in Belize currently females while temperatures between crocodile, and correspondingly decrease pose a threat to the species. Although 90–93 °F (32–34 ßC) generally produce the amount of inland freshwater habitat they may represent a potential threat, males (Escobedo-Galvań 2006, p. 133; available to the Morelet’s crocodile. The we do not have any data to indicate that Escobedo-Galvań et al. 2008, p. 2). area of available land would also be they are likely to become a threat in the Thus, the production of males is reduced as a result of sea-level rise, foreseeable future. entirely dependent upon a sustained further increasing competition between There has been some information incubation temperature range of only 3 the two species for terrestrial activities indicating that fishing nets (for fish and degrees. Incubation temperatures greater such as nesting and basking on the turtles) and death by drowning are than 97 °F (36 °C) are at the upper end shoreline. threats to the Morelet’s crocodile in of the tolerance range for reptile eggs The study by Escobedo-Galvań et al. Guatemala, but we do not have and result in death of embryos and (2008) did not provide any information information regarding specific rates of stress to the surviving hatchlings or data on the effects of climate change injury or mortality (CITES 2008, p. 18). (Escobedo-Galvań et al. 2008, on the Morelet’s crocodile. Although the CONABIO (2005, p. 27) suggested that presentation, p. 2). American crocodile and Morelet’s the number of crocodiles accidentally According to Escobedo-Galvań et al. crocodile have overlapping ranges, captured in nets in Guatemala was low, (2008), the current sex ratio of the similar life-history requirements, and but the basis for this claim was unclear. American crocodile favors females may lay eggs in the same nest, we do not Platt and Thorbjarnarson (2000b, p. 27) (based on potential species have any evidence that climate change noted that ‘‘a limited number of distribution): 75 percent of the potential currently poses a threat to the Morelet’s crocodiles’’ drown in fish and turtle species distribution has fewer males crocodile. Ross (2010, pers. comm.) nets in northern Belize each year. There than females, 15 percent has an equal noted that while climate change is no evidence that fishing currently number of males and females, and 10 constitutes one of the most pressing poses a threat to the species. Although percent has more males than females. potential threats to biodiversity, it may represent a potential threat, we The study predicted that by 2020, the crocodilians seem the most adapted to do not have any data to indicate that it sex ratio is expected to shift in favor of be minimally impacted. ‘‘Crocodilians is likely to become a threat in the males due to increases in nest have demonstrably survived several foreseeable future. temperature as a result of climate previous periods of climate change Summary of Factor E change: 24 percent of the potential comparable to current and predicted species distribution will have fewer scenarios and while they may well Few, if any, natural or manmade males than females, 16 percent will change distribution and experience sex factors are anticipated to affect the have an equal number of males and ratio and physiological effects, these continued existence of the Morelet’s females, and 60 percent will have more seem well within the capacity of this crocodile. While natural factors such as males than females (Escobedo-Galvań et species. They seem likely to be one of hurricanes and extended dry seasons al. 2008, presentation, pp. 11–12). those species that will adapt to climate (CONABIO 2005, p. 32) may affect the Under this scenario, the number of change, neither going extinct or species, we believe that the species has females produced will be reduced requiring significant movement or evolved with these kinds of events, and significantly by 2020, which in turn will mitigation.’’ Thus, although climate the events do not pose a threat to the reduce the overall total eggs laid in each change may represent a potential threat species. breeding season. Of the eggs laid, more to the Morelet’s crocodile, all Several phenomena are categorized are likely to become males, which in indications are that it is not likely to here as other natural or manmade turn would further reduce the number become a threat to this species in the factors that were considered as of breeding females produced over time. foreseeable future. potentially affecting the conservation Escobedo-Galvań et al. (2008) predicted status of the Morelet’s crocodile in the that by 2050, American crocodiles Other Potential Concerns foreseeable future. Our knowledge about would become extinct in Florida, the Other information obtained by the these factors is incomplete and uneven Caribbean, or Central America Service, however, suggests that the among the three range countries. (Escobedo-Galvań et al. 2008, construction and operation of dams to Environmental contaminants, especially presentation, p. 13). generate electricity could be a DDE and mercury, have been widely

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reported for Belize. To date, however, 2008, p. 661; Rodriguez et al. 2008, p. the entire historical range, and age there is no evidence of negative effects 674). The nature and extent of genetic classes reflect healthy reproduction and to the Morelet’s crocodile due to variation of captive-bred populations recruitment into a wild breeding exposure to organochlorines even with respect to wild populations, as population of about 10,000–20,000 though these contaminants have been well as male-biased sex ratios, are also adults (Ross 2000, p. 3; CONABIO 2005, linked to documented adverse effects on poorly understood issues, but p. 19). population health in a similar species, potentially important in Mexico where We have identified a number of the American alligator. captive-bred individuals may eventually potential threats to the Morelet’s Vitellogenin induction in males, be released into the wild. There is no crocodile. Some of these potential suggesting endocrine disruption due to indication, however, that the Morelet’s threats may directly or indirectly affect environmental contamination, is crocodile suffers from any genetic individual Morelet’s crocodiles, while predicted in Belize, but has not been limitations throughout its range. others may affect Morelet’s crocodile documented. These factors do not Natural weather events do not appear habitat. The contributions of these appear to pose a conservation threat to to have any population-level impacts to potential threats, identified in the the Morelet’s crocodile in Belize at this the Morelet’s crocodile, which has Summary of Factors Affecting the time. Information about environmental evolved to thrive in this climate. We Species sections above, are discussed in contaminants in Mexico and Guatemala also do not have any evidence that approximate descending magnitude of with regard to the Morelet’s crocodile is climate change poses a threat to the impact in the foreseeable future: limited. Potential environmental species. Although climate change may (1) A continuation of wild harvest for contaminant issues with respect to the represent a potential threat, especially ranching or direct export may pose a Morelet’s crocodile probably are the given the crocodilian requirement for threat to the species if the countries least well known in Mexico, but that temperature dependent sex decide to change course. However, if country has an extensive legal determination, we do not have any data conducted in compliance with CITES, framework to resolve any problems that to indicate that climate change is likely the wild harvest would have to be non- may develop, especially if contaminants to become a threat in the foreseeable detrimental for the specimens to enter also become a public health issue. We future. international trade. Our assessment of do not have any information to indicate Although some local factors continue the risk associated with this potential that environmental contaminants pose a to affect the Morelet’s crocodile, we do threat is based primarily on the danger to the species throughout its not have any information to indicate demonstrated adverse effects of past range. Although environmental that these factors are of sufficient overharvest on populations. Additional contaminants may represent a potential magnitude to affect any population of monitoring programs and adequate threat, especially given the potential for the Morelet’s crocodile. In conclusion, regulatory mechanisms would need to bioaccumulation of contaminants we find that other natural and manmade be established prior to legalizing during the species’ long reproductive factors are not a significant factor ranching. Such mechanisms would be life, we do not have any data to indicate affecting the Morelet’s crocodile important to prevent the laundering of that environmental contaminants are throughout its range, both now and for illegally harvested Morelet’s crocodiles. likely to become a threat to the species the foreseeable future. We find that, taken together, the currently existing protections (described in the foreseeable future. Finding Bycatch in fishing nets has been above in the Factor D section, mentioned as a potential problem in We have carefully assessed the best Inadequacy of Existing Regulatory Guatemala. In Belize, a ‘‘limited number scientific and commercial data available Mechanisms) are adequate, and they of crocodiles’’ may die or be injured in and have determined that the Morelet’s will remain adequate to protect the nets (Platt and Thorbjarnarson 2000b, p. crocodile is no longer endangered or Morelet’s crocodile and its habitat in the 27), while information about the threatened throughout all of its range. majority of its range now and within the potential negative effects of fishing nets When considering the listing status of foreseeable future. on the Morelet’s crocodile in Mexico is the species, the first step in the analysis (2) The detection of organic and limited. Overall, these local impacts do is to determine whether the species is in inorganic environmental contaminants not appear to have any significant danger of extinction or likely to become in Morelet’s crocodile eggs in Belize impact on Morelet’s crocodiles. endangered throughout all of its range. indicates that impacts from Although bycatch in fishing nets may For instance, if the threats on a species concentrations of environmental represent a potential threat, we do not are acting only on a portion of its range, contaminants may represent a potential have any data to indicate that it is likely but the effects of the threats are such threat because Morelet’s crocodiles have to become a threat in the foreseeable that they do not place the entire species a long lifespan during which future. in danger of extinction or likely to contaminants may bioaccumulate. Genetic diversity and integrity is a become endangered, we would not However, there is no evidence that relatively complicated subject with retain the entire species on the list. environmental contaminants are respect to the Morelet’s crocodile, and In developing this final rule, we have currently affecting populations our knowledge across the three range carefully assessed the best scientific and (numbers and reproduction appear to be countries is uneven. Studies in Belize commercial data available regarding the robust). In order to determine that suggest that wild populations in that threats facing this species, as well as the environmental contaminants may be a country have a high degree of genetic ongoing conservation efforts by the threat to the Morelet’s crocodile in the diversity (Dever and Densmore 2001, three range countries. This information future, their presence in the pp. 543–544; Dever et al. 2002, p. 1084). indicates that numbers of Morelet’s environment must be occurring at a Hybridization between the Morelet’s crocodiles have significantly increased level that affects the long-term crocodile and the American crocodile over the past 4 decades since being population levels over at least a has been documented for eastern Belize categorized as depleted by species significant portion of the range of the and the eastern and northern coasts of experts in the 1970s. In Mexico and species. We know of no ongoing the Yucatan Peninsula in Mexico (Ray et Belize, the species is broadly distributed monitoring of environmental al. 2004, p. 440; Ceden˜ o-Va´zquez et al. geographically, essentially occupying contaminants anywhere in the species’

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range. Although 45 articles within the currently being addressed by the emerging threats to the species, as well Mexican LGEEPA deal with Guatemalan national and provincial as population status and trends. We environmental contamination governments with the help of the local then looked to see if reliable predictions (CONABIO 2005, Annex 3, p. 1), we and international NGO community. We about the status of the species in have not received a detailed analysis of do not believe, based on the best response to those factors could be the specific provisions and their available information, that the extent of drawn. We considered the historical relevance to Morelet’s crocodile. We are potential threats to the species in data to identify any relevant existing unaware of regulatory mechanisms Guatemala, even if the extent of the trends that might allow for reliable governing activities that discharge potential threats increase, will cause the prediction of the future, in the form of environmental contaminants that Morelet’s crocodile to become extrapolating the trends. We also potentially affect Morelet’s crocodile in endangered or threatened in the future. considered whether we could reliably Belize. However, we do not have any The government of Guatemala predict any future events, not yet acting data to indicate that environmental recognizes the importance of this and on the species and, therefore, not yet contaminants are likely to become a other landscape species in the manifested in a trend, that might affect threat in the foreseeable future. Guatemalan Maya Biosphere and are the status of the species, recognizing (3) Although habitat loss and implementing regulatory and that our ability to make reliable degradation continues to negatively enforcement controls to combat human predictions into the future is limited by affect the habitat for some local encroachment, land clearing, fires, and the variable quantity and quality of populations of the Morelet’s crocodile, other illegal activities that may pose a available data. Following a range-wide we do not have any information to threat to these species. In addition, threats analysis, we evaluated whether indicate that it is of sufficient Guatemala’s request to keep the Morelet’s crocodile is endangered or magnitude to have a rangewide impact Guatemala’s populations of Morelet’s threatened in any significant portion(s) on the species to the point that would crocodile in Appendix I attests to their of its range. cause the Morelet’s crocodile to meet commitment to ensure trade does not As required by the Act, we considered the definition of either an endangered or affect Guatemala’s wild Morelet’s the five factors, alone and in a threatened species. The species’ crocodile populations. combination, in assessing whether the relatively wide distribution throughout The population viability analysis Morelet’s crocodile is endangered or its historical range and apparent (PVA) conducted by Sanchez (Sa´nchez threatened throughout all or a tolerance for habitats in proximity to 2005) suggests the probability of significant portion of its range. We agriculture, grazing, and human survival of a population of 30,000 1 reviewed the petition, information habitation are substantial factors individuals (roughly ⁄3 of the actual available in our files, comments and mitigating these impacts to Morelet’s population of Morelet’s crocodiles), information received after the crocodiles over the next several subject to high-stress conditions, is publication of our 90-day finding (71 FR decades. We anticipate that these approximately 86 percent, and the long- 36743; June 28, 2006), comments conditions will remain essentially the term prognosis for the survival and received after the publication of our 12- same in the foreseeable future due to the genetic diversity of the Morelet’s month finding and proposed rule (76 FR adequate regulatory mechanisms in crocodile throughout its range is very 23650; April 27, 2011) and other place to protect suitable habitat for the good, estimating that the average time to available published and unpublished Morelet’s crocodile in the majority of its reach the quasi-extinction threshold of information, and we consulted with range (see discussion above under the 500 individuals being 483 years recognized experts. We have carefully Factor D. section, Inadequacy of (Sa´nchez 2005, pp. 43–61). assessed the best available scientific and Existing Regulatory Mechanisms). A species is ‘‘endangered’’ for The Morelet’s crocodile continues to purposes of the Act if it is in danger of commercial data regarding the past, be affected by a variety of potential extinction throughout all or a significant present, and future threats faced by the residual threats. It is likely that portion of its range and is ‘‘threatened’’ Morelet’s crocodile. We found that development, hurricanes and other if it is likely to become endangered although some localized impacts to storm events, random human within the foreseeable future throughout individual Morelet’s crocodiles still disturbance, fishery activities, oil spills, all or a significant portion of its range. occur, such as habitat loss from and infestation by parasites will The word ‘‘range’’ is used here to refer agricultural development, they have continue to impact individual to the range in which the species been reduced enough so as to not affect crocodiles into the future. Although currently exists, and the word the species on a population level. In these impacts are generally expected to ‘‘significant’’ refers to the value of that addition to the five-factor analysis, we continue intermittently at low levels portion of the range being considered to also considered the progress made by into the foreseeable future, we do not the conservation of the species. the range countries towards addressing expect these impacts to significantly In considering the foreseeable future previous threats to Morelet’s crocodiles. affect the Morelet’s crocodile to the as it relates to the status of the Morelet’s We took into consideration the point that they would result in declines crocodile, we defined the ‘‘foreseeable conservation actions that have occurred, in the rangewide status of the species. future’’ to be the extent to which, given are ongoing, and are planned. Since Although some potential threats to the the amount and substance of available listing, the species’ status has improved Morelet’s crocodile remain throughout data, events or effects can and should be because of the following: its range, as discussed above, they are at anticipated, or the threats reasonably • National and international laws and a low enough level they are not having extrapolated. We considered the treaties have minimized the impacts of a significant population-level or historical data to identify any relevant hunting and trade in wild-caught demographic effect on Morelet’s threats acting on the species, ongoing specimens. crocodile populations in Mexico and conservation efforts, data on species • Morelet’s crocodile populations are Belize; in fact, most populations are abundance and persistence at individual stable or increasing. stable and/or increasing and still occur sites since the time of listing, and • Total population size is in their historical range. Any low-level identifiable informational gaps and approximately 19,400 adults in the three threats occurring in Guatemala are uncertainties regarding residual and range countries.

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• Species experts now widely (SPR) is not defined by the statute, and judicial interpretations, and best characterize Morelet’s crocodile we have never addressed in our ensures species’ conservation. Thus, for populations as healthy. regulations either: (1) The consequences the purposes of this finding, and as • The current rangewide distribution of a determination that a species is explained further below, a portion of the of Morelet’s crocodile now closely either endangered or likely to become so range of a species is ‘‘significant’’ if its resembles the historical rangewide throughout a significant portion of its contribution to the viability of the distribution. range, but not throughout all of its species is so important that without that • Range countries have improved range; or (2) what qualifies a portion of portion, the species would be in danger efforts to protect and manage Morelet’s a range as ‘‘significant.’’ of extinction. crocodile habitat. For the purposes of this finding, we We evaluate biological significance • The long-term prognosis for the interpret the phrase ‘‘significant portion based on the principles of conservation survival and genetic diversity of the of its range’’ in the Act’s definitions of biology using the concepts of Morelet’s crocodile throughout its range ‘‘endangered species’’ and ‘‘threatened redundancy, resiliency, and is very good. species’’ to provide an independent representation. Resiliency describes the In sum, the ongoing development and basis for listing; thus there are two characteristics of a species and its updating of management plans, the situations (or factual bases) under which habitat that allow it to recover from active management of habitat, the a species would qualify for listing: a periodic disturbance. Redundancy ongoing research, and the protections species may be endangered or (having multiple populations provided by laws and protected lands threatened throughout all of its range; or distributed across the landscape) may be provide compelling evidence that a species may be endangered or needed to provide a margin of safety for recovery actions have been and will threatened in only a significant portion the species to withstand catastrophic continue to be successful. of its range. If a species is in danger of events. Representation (the range of The primary factor that led to the extinction throughout an SPR, then that variation found in a species) ensures listing of the Morelet’s crocodile was species is an ‘‘endangered species.’’ The that the species’ adaptive capabilities trade. However, the trend today is same analysis applies to ‘‘threatened are conserved. Redundancy, resiliency, towards increasing population sizes, species.’’ Based on this interpretation and representation are not independent with trade restricted to ‘‘sources other and supported by existing case law, the of each other, and some characteristic of than wild’’ specimens only. We find consequence of finding that a species is a species or area may contribute to all that the localized impacts identified in endangered or threatened in only a three. For example, distribution across a the three range countries, when significant portion of its range is that the wide variety of habitat types is an combined with the increase in entire species will be listed as indicator of representation, but it may population sizes, ongoing active endangered or threatened, respectively, also indicate a broad geographic research and management, and and the Act’s protections will be distribution contributing to redundancy protections provided by range countries, applied across the species’ entire range. (decreasing the chance that any one those impacts are not of sufficient We conclude, for the purposes of this event affects the entire species), and the imminence, intensity, or magnitude to finding, that interpreting the SPR phrase likelihood that some habitat types are indicate that the Morelet’s crocodile is as providing an independent basis for less susceptible to certain threats, threatened with extinction now or in the listing is the best interpretation of the contributing to resiliency (the ability of foreseeable future. Consequently, we Act because it is consistent with the the species to recover from disturbance). have determined that Morelet’s purposes and the plain meaning of the None of these concepts is intended to be crocodile is no longer endangered or key definitions of the Act; it does not mutually exclusive, and a portion of a threatened throughout its range. conflict with established past agency species’ range may be determined to be Having determined that the Morelet’s practice, as no consistent, long-term ‘‘significant’’ due to its contributions crocodile is no longer endangered or agency practice has been established; under any one or more of these threatened throughout its range, we and it is consistent with the judicial concepts. must next determine if the threats to the opinions that have most closely For the purposes of this finding, we Morelet’s crocodile are not uniformly examined this issue. Having concluded determine whether a portion qualifies as distributed such that populations in one that the phrase ‘‘significant portion of ‘‘significant’’ by asking whether without portion of its range experience higher a its range’’ provides an independent that portion, the representation, level of threats than populations in basis for listing and protecting the entire redundancy, or resiliency of the species other portions of its range. species, we next turn to the meaning of would be so impaired that the species ‘‘significant’’ to determine the threshold would have an increased vulnerability Significant Portion of Its Range for when such an independent basis for to threats to the point that the overall The Act defines ‘‘endangered species’’ listing exists. species would be in danger of extinction as any species which is ‘‘in danger of Although there are potentially many (i.e., would be ‘‘endangered’’). extinction throughout all or a significant ways to determine whether a portion of Conversely, we would not consider the portion of its range,’’ and ‘‘threatened a species’ range is ‘‘significant,’’ we portion of the range at issue to be species’’ as any species which is ‘‘likely conclude, for the purposes of this ‘‘significant’’ if there is sufficient to become an endangered species within finding, that the significance of the resiliency, redundancy, and the foreseeable future throughout all or portion of the range should be representation elsewhere in the species’ a significant portion of its range.’’ The determined based on its biological range that the species would not be in definition of ‘‘species’’ is also relevant contribution to the conservation of the danger of extinction throughout its to this discussion. The Act defines species. For this reason, we describe the range if the population in that portion ‘‘species’’ as any subspecies of fish or threshold for ‘‘significant’’ in terms of of the range in question became wildlife or plants, and any distinct an increase in the risk of extinction for extirpated (extinct locally). population segment [DPS] of any the species. We conclude that a We recognize that this definition of species of vertebrate fish or wildlife biologically based definition of ‘‘significant’’ (a portion of the range of which interbreeds when mature. The ‘‘significant’’ best conforms to the a species is ‘‘significant’’ if its phrase ‘‘significant portion of its range’’ purposes of the Act, is consistent with contribution to the viability of the

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species is so important that without that and that we would not need to rely on comprises a small portion of the overall portion, the species would be in danger the SPR language for such a listing.) range of the Morelet’s crocodile. The of extinction) establishes a threshold Rather, under this interpretation we ask estimated number of Morelet’s that is relatively high. On the one hand, whether the species would be crocodiles in Guatemala is 13 percent of given that the consequences of finding endangered everywhere without that the potential global population estimate. a species to be endangered or threatened portion, i.e., if that portion were The extent of undisturbed habitat in in an SPR would be listing the species completely extirpated. In other words, Guatemala is estimated to be 19 percent throughout its entire range, it is the portion of the range need not be so of the total range of undisturbed habitat important to use a threshold for important that even the species being in for the species (CONABIO 2005, pp. 16– ‘‘significant’’ that is robust. It would not danger of extinction in that portion 19). be meaningful or appropriate to would be sufficient to cause the species As stated above, a portion of the range establish a very low threshold whereby in the remainder of the range to be of a species is ‘‘significant’’ if it a portion of the range can be considered endangered; rather, the complete contributes to the viability of the ‘‘significant’’ even if only a negligible extirpation (in a hypothetical future) of species, and is so important that increase in extinction risk would result the species in that portion would be without that portion, the species would from its loss. Because nearly any portion required to cause the species in the be in danger of extinction. Although of a species’ range can be said to remainder of the range to be Guatemala’s commitment to the contribute some increment to a species’ endangered. conservation of the Morelet’s crocodile viability, use of such a low threshold The range of a species can and its habitat has markedly improved, would require us to impose restrictions theoretically be divided into portions in past drug trade, land grabs, the presence and expend conservation resources an infinite number of ways. However, of human settlements, expanding disproportionately to conservation there is no purpose to analyzing agriculture and cattle ranching, benefit: Listing would be rangewide, portions of the range that have no poaching, forest fires, the oil industry, even if only a portion of the range of reasonable potential to be significant or habitat fragmentation, environmental minor conservation importance to the to analyzing portions of the range in contamination, introduction of invasive species is imperiled. On the other hand, which there is no reasonable potential species, and an almost complete lack of it would be inappropriate to establish a for the species to be endangered or institutional control over their protected threshold for ‘‘significant’’ that is too threatened. To identify only those areas (IARNA URL IIA 2006, pp. 88–92) high. This would be the case if the portions that warrant further has greatly limited, Guatemala’s standard were, for example, that a consideration, we determine whether potential contribution to the portion of the range can be considered there is substantial information conservation status of the species. In ‘‘significant’’ only if threats in that indicating that: (1) The portions may be addition, we have no information portion result in the entire species’ ‘‘significant,’’ and (2) the species may be indicating that the Guatemala being currently endangered or in danger of extinction there or likely to population is genetically different from threatened. Such a high bar would not become so within the foreseeable future. the remainder of the range, and we are give the SPR phrase independent Depending on the biology of the species, unaware of any data or information meaning, as the Ninth Circuit held in its range, and the threats it faces, it indicating that the Morelet’s crocodile Defenders of Wildlife v. Norton, 258 might be more efficient for us to address in Guatemala is ecologically unusual, the significance question first or the unique, or otherwise significant to the F.3d 1136 (9th Cir. 2001). status question first. Thus, if we species as a whole in any way. We find The definition of ‘‘significant’’ used in determine that a portion of the range is that if there were a loss of the this finding carefully balances these not ‘‘significant,’’ we do not need to Guatemalan range, it would be unlikely concerns. By setting a relatively high determine whether the species is to place the remainder of the species in threshold, we minimize the degree to endangered or threatened there; if we danger of extinction. Thus, we conclude which restrictions will be imposed or determine that the species is not that Guatemala does not qualify as a resources expended that do not endangered or threatened in a portion of significant portion of the species’ range, contribute substantially to species its range, we do not need to determine and therefore find that the species does conservation. But we have not set the if that portion is ‘‘significant.’’ In not warrant listing throughout a threshold so high that the phrase ‘‘in a practice, a key part of the determination significant portion of its range. significant portion of its range’’ loses that a species is in danger of extinction Distinct Vertebrate Population Segment independent meaning. Specifically, we in a significant portion of its range is have not set the threshold as high as it whether the threats are geographically Section 3(16) of the Act defines was under the interpretation presented concentrated in some way. If the threats ‘‘species’’ to include any species or by the Service in the Defenders to the species are essentially uniform subspecies of fish and wildlife or plants, litigation. Under that interpretation, the throughout its range, no portion is likely and any distinct population segment of portion of the range would have to be to warrant further consideration. any species of vertebrate fish or wildlife so important that current imperilment Moreover, if any concentration of which interbreeds when mature (16 there would mean that the species threats to the species occurs only in U.S.C. 1532(16)). After assessing would be currently imperiled portions of the species’ range that whether or not the Morelet’s crocodile everywhere. Under the definition of clearly would not meet the biologically is endangered or threatened throughout ‘‘significant’’ used in this finding, the based definition of ‘‘significant,’’ such all or a significant portion of its range, portion of the range need not rise to portions will not warrant further we next consider whether a distinct such an exceptionally high level of consideration. vertebrate population segment (DPS) of biological significance. (We recognize After reviewing the potential threats the Morelet’s crocodile meets the that if the species is imperiled in a throughout the range of the Morelet’s definition of endangered or is likely to portion that rises to that level of crocodile, we determine that there is become endangered in the foreseeable biological significance, then we should one portion, Guatemala, in which future (threatened). conclude that the species is in fact threats could be considered to be To interpret and implement the DPS imperiled throughout all of its range, concentrated. However, Guatemala provisions of the Act and congressional

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guidance, the Service and the National segment represents the only surviving the Yucatan Peninsula, Belize, and Marine Fisheries Service (now the natural occurrence of a taxon that may northern Guatemala (Hurley 2005, p. 1), National Oceanic and Atmospheric be more abundant elsewhere as an with an estimated historical distribution Administration—Fisheries Service) introduced population outside of its covering 173,746 mi2 (450,000 km2) published the Policy Regarding the historical range; and (4) evidence that (Sigler and Domı´nguez Laso 2008, pp. Recognition of Distinct Vertebrate the discrete population segment differs 11–12). The Morelet’s crocodile is a Population Segments (DPS Policy) in markedly from other populations of the wide-ranging species that occurs the Federal Register on February 7, species in its genetic characteristics primarily in freshwater environments 1996 (61 FR 4722). Under the DPS from other populations of the species. such as lakes, swamps, and slow- Policy, we evaluate a set of elements in The Service may determine that a moving rivers. This species of crocodile a three-step process in order to make population segment is significant to the can temporarily inhabit intermittent our decision concerning the taxon to which it belongs based on freshwater bodies such as flooded establishment and classification of a sufficiently strong evidence with respect savannahs and is occasionally observed possible DPS. These elements are to any one of these considerations. in brackish coastal lagoons (Villegas applied similarly for additions to or Lastly, if we determine that a 2006, p. 8). removals from the Federal Lists of population segment is significant to the We do not have any data or Endangered and Threatened Wildlife taxon to which it belongs based on these information to indicate that any and Plants. considerations, then the policy requires populations of the Morelet’s crocodile These elements include: (1) The an analysis of the population segment’s exhibit genetic or morphological discreteness of a population in relation conservation status in relation to the discontinuity that may indicate that to the remainder of the taxon to which Act’s definitions of ‘‘endangered they are a separate population. it belongs; (2) the significance of the species’’ and ‘‘threatened species.’’ Although we do not have any data or population segment to the taxon to information on the dispersal strategies Discreteness which it belongs; and (3) the population for the Morelet’s crocodile that would segment’s conservation status in relation The first step in our DPS analysis for indicate a population may be discrete, to the Act’s definitions of ‘‘endangered’’ the Morelet’s crocodile was to we have no evidence to suggest that species and ‘‘threatened’’ species. determine whether there were any there are barriers that would prevent the First, the Policy requires the Service populations of the Morelet’s crocodile Morelet’s crocodile from dispersing to determine that a vertebrate that were discrete in relation to the within its known range. The current population is discrete in relation to the remainder of the taxon to which it rangewide distribution of the Morelet’s remainder of the taxon to which it belongs. Under the DPS Policy, a crocodile closely mirrors the historical belongs. Discreteness refers to the population segment of a vertebrate rangewide distribution, and there is a ability to delineate a population taxon may be considered discrete if it large amount of high-quality habitat segment from other members of a taxon satisfies either one of the following available. Therefore, we have no based on either (1) Physical, conditions: (1) It is markedly separated evidence suggesting that the Morelet’s physiological, ecological, or behavioral from other populations of the same crocodile is isolated in any part of its factors; or (2) international taxon because of physical, range. governmental boundaries that result in physiological, ecological, or behavioral significant differences in control of factors. Quantitative measures of genetic International Differences in Species’ exploitation, management, or habitat or morphological discontinuity may Conservation Status conservation status, or regulatory provide evidence of this separation; or As discussed above in the Factor D mechanisms that are significant in light (2) it is delimited by international section, Inadequacy of Existing of section 4(a)(1)(D) of the Act—the governmental boundaries within which Regulatory Mechanisms, all three range inadequacy of existing regulatory differences in control of exploitation, countries are Parties to CITES. In mechanisms. management of habitat, conservation addition, data and information available Second, if we determine that the status, or regulatory mechanisms exist to the Service indicates that all three population is discrete under one or that are significant in light of section range countries have federally more of the discreteness conditions, 4(a)(1)(D) of the Act—the inadequacy of protected-species and protected-areas then a determination is made as to existing regulatory mechanisms. legislation under the jurisdiction of whether the population is significant to Recognition of international boundaries specific ministries or departments that the larger taxon to which it belongs in when they coincide with differences in control activities that affect the light of Congressional guidance (see the management, status, or exploitation Morelet’s crocodile and its habitat. Senate Report 151, 96th Congress, 1st of the species under the Act is Mexico’s Federal legal framework is Session) that the authority to list a DPS consistent with CITES, which particularly robust. The CITES National be used ‘‘sparingly and only when the recognizes international boundaries for Legislation Project (http:// biological evidence indicates that such these same reasons. CITES is www.CITES.org) deemed both Mexico action is warranted.’’ In carrying out implemented in the United States by the and Guatemala’s national legislation as this examination, we consider available Act. Category 1, meeting all the requirements scientific evidence of the population’s to implement CITES. Belize is currently importance to the taxon to which it Physical, Physiological, Ecological, or considered to be Category 3 (not belongs. This consideration may Behavioral Factors meeting the requirements for include, but is not limited to the We do not have any data or implementing CITES), but has following: (1) The persistence of the information to indicate that there are submitted to CITES a national population segment in an ecological any physical, physiological, ecological, legislation plan and draft of legislation, setting that is unique or unusual for the or behavioral facts that separate any which, if adopted, may qualify Belize as taxon; (2) evidence that loss of the populations of the Morelet’s crocodile. Category 1. population segment would result in a The historical distribution of the Based on current data and significant gap in the range of the taxon; Morelet’s crocodile comprised the information available to the Service, the (3) evidence that the population eastern coastal plain of Mexico, most of Governments of Mexico, Guatemala, and

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Belize appear to be adequately enforcing productivity of renewable natural Appendix I to Appendix II throughout their respective legal frameworks, both resources. They are fulfilling these goals its range (See Factor D. Inadequacy of at the federal level and under CITES. by establishing specific parameters: ‘‘to Regulatory Mechanisms, Mexico’s Mexico and Belize contain the majority develop adaptive and participatory Proposal To Transfer the Morelet’s of wild Morelet’s crocodiles (87 percent) strategy to reduce threats to wildlife in Crocodile to CITES Appendix II. As a and the majority of the potentially the MBR; to develop, implement, and result of the Government of Guatemala’s suitable habitat (81 percent) throughout monitor sustainable mechanisms to past inability to adequately enforce their the species’ range. Because of this reduce threats to wildlife and legal framework, the Morelet’s crocodile adequate enforcement, the majority of ecosystems across the MBR landscape; in Guatemala may be still subject to the threats to the species and its habitat to learn and teach best management some illegal hunting and some have been eliminated in Mexico and practices for the conservation of the destruction of habitat due to previous Belize. Although some residual threats MBR and beyond; and to guide, design, human encroachment. This constitutes a remain, these threats have been reduced and test wildlife-focused planning’’ difference in control of exploitation, to a low enough level that they are not (WCS 2008, p. 3). These efforts were management of habitat, conservation having significant population level or endorsed by the president of Guatemala status, or regulatory mechanisms that is demographic effects. through his office’s attendance at the significant in light of section 4(a)(1)(D) In contrast, based on data and Mesa Multisectorial roundtable of the Act. information available to the Service, it discussion held in Guatemala in 2009. We have determined, based on the appears that in the past, the Government Many outstanding accomplishments best available data and information, that of Guatemala was not able to enforce have been achieved in Guatemala in the population of Morelet’s crocodiles adequately their legal framework to terms of biodiversity conservation in Guatemala is discrete due to the protect the Morelet’s crocodile and its (IARNA URL IIA 2006, p. 22), and significant difference in the control of habitat in Guatemala. The lack of efforts to achieve desired levels of exploitation, management of habitat, funding and personnel made environmental management are conservation status, or regulatory enforcement of Guatemala’s legal ongoing. In August 2010, the president mechanisms between international framework especially challenging. of Guatemala announced that he is boundaries. Therefore, we have Conservation actions were often deploying 250 soldiers to recover fully determined that the Guatemala overwhelmed by slow economic all the protected zones of El Peteń in the population of the Morelet’s crocodile development, high levels of poverty, Laguna del Tigre section of the MBR. meets the requirements of our DPS unequal land distribution, a highly This ‘‘Green Battalion’’ was deployed Policy for discreteness. segmented society, and the effects of specifically to protect the Laguna del Significance more than three decades of civil war Tigre National Park and to work jointly (Birner et al. 2005, pp. 285, 292). with the National Civil Police and the Having determined that the For example, ParkWatch (2003) noted Attorney General’s Office to combat population of Morelet’s crocodiles in that a designation as a national park or drug trafficking and the illegal harvest Guatemala is discrete under one or more important wetland conservation area in of natural resources and archaeological of the discreteness conditions described Guatemala does not necessarily afford sites of that region of the MBR (Latin in the DPS Policy, we determined protection to the Morelet’s crocodile or American Herald Tribune, December 6, whether the population in Guatemala is its habitat. The Laguna del Tigre 2010). Additional help from WCS and significant. We evaluate its biological National Park, located in Peteń region of USAID includes establishing over- and ecological significance based on Guatemala, is home to the largest flights to monitor fires, locating illegal ‘‘the available scientific evidence of the population of Morelet’s crocodiles in settlements, and notifying the national discrete population segment’s Guatemala. The park was considered by and provincial governments (as well as importance to the taxon to which it ParkWatch as critically threatened due the national media) of illegal activities. belongs’’ (61 FR 4722). We make this to drug trade, land grabs, the presence These efforts have resulted in additional evaluation in light of congressional of human settlements, expanding personnel added to parks, removal of guidance that the Service’s authority to agriculture and cattle ranching, settlements, consistent patrols and list a DPS be used ‘‘sparingly.’’ As poaching, forest fires, the oil industry, cessation of illegal activities, and precise circumstances are likely to vary and an almost complete lack of educating locals and concessionaires on considerably from case to case, the DPS institutional control over the area best management practices for Policy does not describe all the classes (ParksWatch 2003, pp. 1, 11). However, sustainable use of forest products. of information that might be used in by 2004, ParksWatch stated that the staff Castan˜ eda Moya (1998a, p. 521; determining the biological and at Laguna del Tigre had doubled in size 1998b, p. 13) listed illegal hunting as a ecological importance of a discrete since their 2003 report. Seventy-three threat to Morelet’s crocodile in the population. However, the DPS Policy park rangers, 10 archeological site Peteń region of Guatemala (CITES describes four possible classes of guards, and 96 Army personnel were 2010a), but did not provide a numerical information that provide evidence of a hired to staff the park and since the estimate of the take. ARCAS, an animal population segment’s biological and increase in staffing, both the park and welfare group in Guatemala, reported ecological importance to the taxon to the biotope are ‘‘constantly patrolled.’’ the rescue or recovery of 49 live which it belongs. As specified in the In addition, the Wildlife Conservation individuals (about 8 per year), most DPS Policy (61 FR 4722), consideration Society continued its ‘‘Biodiversity likely from pet dealers or private of the population segment’s significance Conservation at a Landscape Scale’’ individuals, during the period 2002– may include, but is not limited to the program (with USAID) for Guatemala 2007 (ARCAS 2002, p. 3; 2003, p. 2; following: (1) Persistence of the and has provided a comprehensive plan 2004, p. 2; 2005, p. 2; 2006, p. 3; 2007, population segment in an ecological with specific goals to preserve and p. 3). setting that is unusual or unique for the protect wildlife in the Maya Biosphere The Government of Guatemala taxon; (2) evidence that loss of the Reserve in Guatemala through acknowledged these issues when it population segment would result in a conserving wildlife species and their opposed Mexico’s 2010 CITES proposal significant gap in the range of the taxon; habitat, while maintaining the economic to transfer the Morelet’s crocodile from (3) evidence that the population

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segment represents the only surviving might result in a significant gap in the introduction of invasive species, and natural occurrence of a taxon that may range of species. Namely, we considered lack of institutional control over their be more abundant elsewhere as an whether Guatemala contributed to the protected areas. Thus, we have introduced population outside of its resiliency, redundancy, or determined that, although the loss of a historical range; and (4) evidence that representation of the taxon’s range. As discrete population segment in the discrete population segment differs stated previously in the Significant Guatemala may create a gap, we markedly from other populations of the Portion of its Range analysis, the Service conclude that such a loss would not species in its genetic characteristics. concluded that due to the small size of create a significant gap in the range of the species. Persistence in a Unique Ecological the Guatemalan portion of the Morelet’s Setting crocodile’s range and the small Natural Occurrence of a Taxon population size of the species in As stated in the DPS Policy, Abundant Elsewhere as an Introduced Guatemala, its overall contribution to Population occurrence in an unusual ecological the species was limited. While setting may be an indication that a Guatemala has regulatory mechanisms As stated in the DPS Policy, evidence population segment represents a in place to protect their national parks, that the population segment represents significant resource warranting it appears that until recently, the the only surviving natural occurrence of conservation under the Act (61 FR government was unable to enforce them a taxon that may be more abundant 4724). In considering whether the adequately. Although Guatemala has elsewhere as an introduced population population occupies an ecological conserved several areas of the Morelet’s outside of its historical range may be an setting that is unusual or unique for the crocodile’s range, past threats limited indication that a population segment taxon, we evaluate whether the habitat this population’s contribution to the represents a significant resource includes unique features not used by the species (IARNA URL IIA 2006, pp. 88– warranting conservation under the Act taxon elsewhere and whether the habitat 92). (61 FR 4724). This element does not shares many features common to the apply to the Morelet’s crocodile in The Morelet’s crocodile in Guatemala habitats of other populations. As stated Guatemala. The Guatemala population does not significantly contribute to the above, the Morelet’s crocodile is a wide- of the Morelet’s crocodile does not resiliency, redundancy, or ranging species that occurs primarily in represent the only surviving natural representation of the species or its freshwater environments such as lakes, occurrence of the Morelet’s crocodile range, including, but not limited to, the swamps, and slow-moving rivers. This throughout the range of the taxon. After size of the range, habitat quality, habitat species of crocodile can temporarily the protections of the Act and CITES variability, or genetic uniqueness. The inhabit intermittent freshwater bodies were put in place in the 1970s, majority of the species’ range occurs in such as flooded savannahs and is populations of Morelet’s crocodiles Mexico and Belize, which contain the occasionally observed in brackish increased and expanded their range majority of all wild Morelet’s crocodiles coastal lagoons (Villegas 2006, p. 8). All naturally over time to the point that (87 percent) and the majority of the 3 of the Morelet’s crocodile’s range they have recovered and are now found potentially suitable habitat throughout countries have similar freshwater in all areas of their historical range. habitats utilized by this species. We do the species’ range (81 percent). not have any evidence to indicate that Guatemala is surrounded to the east by Marked Differences in Genetic the Guatemala population of the Belize, and the north and west by Characteristics Morelet’s crocodile occurs in habitat Mexico. It is the southernmost range of As stated in the DPS Policy, evidence that includes unique features not used the species, which resides primarily in that a discrete population segment by the taxon elsewhere in its range. the northern part of the country. differs markedly from other populations Morelet’s crocodile habitat in the Guatemala shares several rivers with the of the species in its genetic Laguna del Tigre National Park consists other range countries, including but not characteristics may be an indication that of flooded savannahs and marshes that limited to, the Rio San Pedro, Rio a population segment represents a are typical of the species’ habitat Pasioń, and the Rio Ixcań with Mexico, significant resource warranting throughout its range. Therefore, we and the Rio Mopań with Belize. All 3 conservation under the Act (61 FR conclude that the discrete population of countries share the Rio Azule. Because 4724). Morelet’s crocodiles in Guatemala is not they move throughout these river Genetic diversity and integrity is a ‘‘significant’’ because of persistence in a systems, should a discrete population relatively complicated subject with unique or unusual ecological setting. segment of Morelet’s crocodiles in respect to the Morelet’s crocodile, and Guatemala decrease for any reason our knowledge across the three range Significant Gap in the Taxon’s Range (which we have concluded is unlikely), countries is uneven. The genetic data As stated in the DPS Policy, evidence then it is likely that Morelet’s crocodiles we do have are with respect to that loss of the discrete population in Mexico and Belize, where 87 percent hybridization between Morelet’s segment would result in a significant of the species exist, could expand their crocodiles and American crocodiles. gap in the range of a taxon is potentially range and recolonize any potential Thus, we have no information an indication that a population segment habitat in Guatemala. Finally, in spite of indicating that the Guatemala represents a significant resource Guatemala’s recent successes in population is markedly different from warranting conservation under the Act mitigating localized threats to Morelet’s the remainder of the range (61 FR 4724). As the Ninth Circuit has crocodile habitat, Guatemala’s biological stated, ‘‘[t]he plain language of the contribution to the conservation status Summary of Significance second significance factor does not limit of the species is limited, due to past First, we do not have any data or how a gap could be important’’ impacts from the drug trade, land grabs, information to indicate that the (National Ass’n of Home Builders v. the presence of human settlements, Guatemala population of the Morelet’s Norton, 340 F.3d 835, 846 (9th Cir. expanding agriculture and cattle crocodile occurs in habitat that includes 2003)). Thus, we considered a variety of ranching, poaching, forest fires, the oil unique features not used by the taxon ways in which the loss of the Guatemala industry, habitat fragmentation, elsewhere in its range. Morelet’s population of the Morelet’s crocodile environmental contamination, crocodile habitat in the Laguna del Tigre

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National Park consists of flooded taxon; and (4) does not have any genetic CITES Animals Committee or Plants savannahs and marshes that are typical characteristics that are markedly Committee, in order to monitor the of the species’ habitat throughout its different from Morelet’s crocodiles effectiveness of CITES protections, range. Second, we conclude that based elsewhere in the range of the taxon. subject to the availability of funds on Guatemala’s limited biological Therefore, we conclude that the (CITES 2007a, p. 3). contribution to the range of the species, population of the Morelet’s crocodile in At the international level, perhaps the the loss of Morelet’s crocodiles in 13 Guatemala is not a DPS pursuant to our most important ongoing conservation percent of their range would not DPS Policy and, therefore, is not a effort for the Morelet’s crocodile is the constitute a significant gap in the range listable entity under section 3(16) of the agreement by the three range countries of the species, due to the loss of a Act. to develop and implement the Belize- Guatemala-Mexico Tri-national Strategy population that is ecologically unusual, Effects of This Final Rule unique, or otherwise significant to the for the Conservation and Sustainable species as a whole in any way (for This final rule revises our regulations Management of Morelet’s Crocodile example, in terms of species or habitat), at 50 CFR 17.11(h) by removing the (Crocodylus moreletii) (Estrategia Tri- or that contributes substantially to the Morelet’s crocodile throughout its range nacional Belice-Guatemala-Me´xico para representation, resiliency, or from the Federal List of Endangered and la Conservacioń y el Manejo Sostenible redundancy of the species. Third, the Threatened Wildlife. Our regulations do del Cocodrilo de Morelet (Crocodylus Guatemala population of the Morelet’s not authorize designating critical habitat moreletii) (Tri-national Strategy) crocodile does not represent the only in areas outside of the United States. (Sańchez 2006). surviving natural occurrence of the Specifically, our regulations at 50 CFR This initiative began in June 2001, at Morelet’s crocodile throughout the 424.12(h) specify that critical habitat Laguna del Tigre National Park, Peteń, range of the taxon. Finally, the shall not be designated within foreign Guatemala, when representatives of the Guatemala population of the Morelet’s countries or in other areas outside of three countries met to discuss matters of crocodile does not have any genetic U.S. jurisdiction. Because no critical mutual interest. A follow-up meeting characteristics that are markedly habitat was ever designated for this attended by about 25 species experts different from Morelet’s crocodiles species, this rule will not affect 50 CFR and government officials from all three elsewhere in the range of the taxon. 17.95. range countries took place in April 2006 The prohibitions and conservation Therefore, based on the information (Mexico City, Mexico). Two working measures provided by the Act, available to the Service, we conclude groups were formed: (1) Technical and particularly through section 9, will no that the discrete population of Morelet’s Scientific Matters; and (2) longer apply after the effective date of crocodiles in Guatemala does not meet Administration, Management, and Uses. this rule (see DATES, above). This Group members discussed technical the requirements under our DPS Policy rulemaking, however, does not affect the issues for 2 days, and generated a series for significance. protection given to the Morelet’s of products, commitments, and Based on the best available data and crocodile under CITES. Delisting under agreements. The first group produced or information, we conclude that the the Act allows U.S. import, re-export, agreed to compile a series of documents, Guatemala population of the Morelet’s and commercial activity in Morelet’s including distribution maps, survey crocodile meets the requirements of our crocodiles and their parts and products techniques, scientific literature, and DPS Policy for discreteness, but does originating from any country, including databases (e.g., geographic information not meet the requirements of our DPS the three range countries, provided that system). The second group agreed to policy for significance in relation to the the requirements of 50 CFR part 13 work toward a regional assessment of remainder of the taxon (i.e., Morelet’s (General Permit Procedures), 50 CFR the conservation status of the Morelet’s crocodiles in Mexico and Belize). The part 14 (Importation, Exportation, and crocodile, as well as development and population of Morelet’s crocodiles in Transportation of Wildlife) and 50 CFR implementation of regional actions to Guatemala is discrete due to the part 23 (CITES) have been met. improve the conservation status of the significant difference in the control of species (institutional capacity building, exploitation, management of habitat, Post-Delisting Monitoring project development and conservation status, or regulatory Section 4(g)(1) of the Act requires the implementation, and development of a mechanisms between international Secretary of Interior, through the regional captive-breeding program). The boundaries. This difference is evidenced Service, to implement a system in final product of the workshop was the by the fact that Morelet’s crocodiles in cooperation with the States to monitor development of ‘‘Estrategia Regional Guatemala remain listed under for not less than 5 years the status of all para el Manejo y la Conservacioń del Appendix I of CITES, while those in species that are removed from the Lists Cocodrilo de Morelet (Crocodylus Mexico and Belize were downgraded to of Endangered and Threatened Wildlife moreletii) (Regional Strategy for the Appendix II. The discrete population of and Plants (50 CFR 17.11 and 17.12) due Management and Conservation of the Morelet’s crocodiles in Guatemala does to recovery. This monitoring Morelet’s Crocodile) (Regional Strategy), not meet the requirements of our DPS requirement is to ensure prevention of found on pp. 43–53 of the Tri-national policy for significance because it: (1) significant risk to the well-being of Strategy document (Sanchez 2006). This Does not occur in habitat that includes recovered species. Regional Strategy outlines a series of unique features not used by the taxon Species monitoring is also called for objectives, products, and working elsewhere in its range; (2) would not under CITES. CITES Resolution Conf. protocols to accomplish the goals of the constitute a significant gap in the range 9.24 (Rev. CoP 15) provides criteria for Tri-national Strategy. As these tasks are of the species due to the loss of a including species under CITES completed, they will significantly population that contributes Appendices I and II. Through the enhance the conservation status of the substantially to the representation, resolution, the parties have resolved Morelet’s crocodile. resiliency, or redundancy of the species; that the status of species included in According to Sańchez Herrera and (3) does not represent the only surviving Appendices I and II should be regularly A´ lvarez-Romero (2006), as a result of natural occurrence of the Morelet’s reviewed by the range countries and this initiative, the three range countries crocodile throughout the range of the proponents, in collaboration with the have agreed to implement the Regional

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Strategy, which also includes studies. The design was reviewed and The Act requires the Service to monitoring the species. The three range assessed in a 2010 workshop involving monitor the status of the species in countries plan to implement the species experts and authorities, who cooperation with the States. The Act Regional Strategy by: agreed upon on the most appropriate defines the term ‘‘State’’ as ‘‘any of the (1) Conducting population surveys in methods and define time intervals, several States, the District of Columbia, defined priority areas using systematic routes/localities and variables to take the Commonwealth of Puerto Rico, and coordinated monitoring, with into account for crocodiles and their American Samoa, the Virgin Islands, standardized fieldwork methods and habitat. A manual was developed to Guam, and the Trust Territory of the techniques. ensure the effectiveness of fieldwork Pacific Islands.’’ For species found (2) Developing a shared biological and and training of staff. This stage also entirely outside of the United States and geographical information system. includes the design of a database where therefore outside the areas defined as a (3) Identifying priority areas and information will be organized and ‘‘State’’ under the Act, we must routes for conservation and centralized (CITES 2010a, p. 9). cooperate with the species’ range surveillance, along with those for future To date, the preliminary design countries to meet the post-delisting potential for ranching. proposes a monitoring effort with monitoring requirements of the Act to (4) Supporting and developing biannual sampling throughout the range ensure that the species will maintain its educational programs and outreach of the species, with observations made recovered status throughout its range materials. in at least three routes per defined after the protections of Act are removed. (5) Promoting personnel training and region (e.g., 12 regions in Mexico) using As the species experts, the range experience exchange, including field nighttime counts. In addition, one of the countries are best qualified to develop techniques and surveillance. three routes per region will be selected and implement a range-wide post- (6) Promoting species-friendly for capture-mark-recapture of delisting monitoring plan for their production projects such as closed-cycle individuals and standard data/sample species. When this rule becomes farms (and eventually future ranching), collection, as well as nest location and effective (see DATES, above), and the along with the development of a legal monitoring. Information obtained will Morelet’s crocodile is delisted under the regional market and a certification make it possible to estimate relative Act, we will work with the range strategy for Morelet’s crocodile abundance indices to detect variations countries to monitor the status of the products. in the population in time; determine the species throughout its range via the (7) Raising funds in support of the sex and age ratio and the general status range countries’ implementation of the activities and tasks outlined in the and activity of individuals; and obtain ´ existing monitoring requirements under Strategy (Sa´nchez Herrera and Alvarez- data on the reproductive effort and CITES, the Tri-national Strategy, the Romero 2006, p. 263). success of the species, and on habitat Belizean monitoring program discussed In 2003, CONABIO requested the critical for breeding (CITES 2010a, pp. above, and any additional monitoring Natural History and Ecology Institute of 9–10). plans that may be developed in the Chiapas (IHNE) to develop a study on Stage 2 will be implemented once the future. ‘‘Determination of the status of the wild monitoring program has been published. populations of the Morelet’s crocodile It will consist of implementing the Peer Review (Crocodylus moreletii) in Mexico and actions decided, including setting up In accordance with our joint peer evaluation of its status in CITES’’ (called and training the field teams; signing the review policy with the National Marine the CoPan Project) (CITES 2010a). The relevant cooperation agreements; Fisheries Service, ‘‘Notice of Government of Mexico is making efforts carrying out field work, and developing Interagency Cooperative Policy for Peer to design and implement a countrywide the database. Information stored in the Review in Endangered Species Act monitoring program for the populations database will be periodically analyzed Activities,’’ that was published in the and habitat of the Morelet’s crocodile, to produce estimates of the population Federal Register on July 1, 1994 (59 FR including the possibility of involving and its trends in the short, medium, and 34270), and the Office of Management Belize and Guatemala. The aim is to long term (CITES 2010a, pp. 9–10) and Budget’s Final Information Quality build on the experiences and results of (CITES 2010a, p. 10). Bulletin for Peer Review, dated the CoPan Project and the suggestions In Belize, Dr. Frank Mazzotti December 16, 2004, we sought the made at the 23rd meeting of the CITES (University of Florida) is collaborating expert opinions of six independent Animals Committee (Geneva, April with the Belize Forestry Department to specialists regarding the science in this 2008, see the Animals Committee develop a national crocodile rule. The purpose of peer review is to summary record labeled as document management program (The Croc Docs ensure that listing, reclassification, and AC23) to obtain better information about 2009, pp. 1–8). This project seeks to delisting decisions are based on the status and trends of relevant develop, in collaboration with the scientifically sound data, assumptions, populations of the species and their Lamanai Field Research Center, a and analyses. We sent copies of the habitat. The program will be developed monitoring program for these species. April 27, 2011, proposed rule to the in the framework of the Tri-national Along with the monitoring program, the peer reviewers immediately following Strategy (CITES 2010a, p. 9). The project will develop a training program publication in the Federal Register. We Government of Mexico has established for government and nongovernment invited these peer reviewers to contacts with the Governments of Belize personnel in Belize so that the comment, during the public comment and Guatemala as part of the Tri- monitoring program can be maintained. period, on the specific assumptions and National Strategy (CITES 2008, p. 32). This long-term program has great conclusions in the proposed delisting of Stage 1 of the project is currently potential to provide ongoing the Morelet’s crocodile. Although we under way. It aims to develop a conservation benefits to the Morelet’s solicited peer review from 6 peer preliminary design of the program, crocodile in Belize. However, recent reviewers, only 2 responded. We considering relevant areas in the range information suggests that little progress summarized the opinions of these 2 of the species. Ideally, areas could be has been made for this monitoring reviewers in this final rule, and selected in the three countries, based on program in Belize, and it is currently in considered their input and any the COPAN Project and subsequent the process of being reactivated. additional information we received as

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part of our process of making this final National Environmental Policy Act Regulation Promulgation decision. We have determined that we do not Accordingly, we hereby amend part Required Determinations need to prepare an environmental 17, subchapter B of chapter I, title 50 of Clarity of Rule assessment or environmental impact the Code of Federal Regulations, as set statement, as defined under the forth below: We are required by Executive Orders authority of the National Environmental 12866 and 12988 and by the Policy Act of 1969 (42 U.S.C. 4321 et PART 17—[AMENDED] Presidential Memorandum of June 1, seq.), in connection with regulations 1998, to write all rules in plain adopted pursuant to section 4(a) of the ■ language. This means that each rule we 1. The authority citation for part 17 Endangered Species Act. We published publish must: (a) Be logically organized; continues to read as follows: a notice outlining our reasons for this (b) Use the active voice to address determination in the Federal Register Authority: 16 U.S.C. 1361–1407; 16 U.S.C. readers directly; (c) Use clear language on October 25, 1983 (48 FR 49244). 1531–1544; 16 U.S.C. 4201–4245; Public Law rather than jargon; (d) Be divided into 99–625, 100 Stat. 3500; unless otherwise short sections and sentences; and (e) References Cited noted. Use lists and tables wherever possible. If you feel that we have not met these A complete list of the references used § 17.11 [Amended] requirements, send us comments by one to develop this rule is available upon ■ 2. Amend § 17.11(h) by removing the of the methods listed in the ADDRESSES request from the Endangered Species section. To better help us revise the Program in our Headquarters office (see entry for ‘‘Crocodile, Morelet’s’’ under rule, your comments should be as FOR FURTHER INFORMATION CONTACT ‘‘REPTILES’’ from the List of specific as possible. For example, you section). Endangered and Threatened Wildlife. should tell us page numbers and the List of Subjects in 50 CFR Part 17 Dated: May 11, 2012. names of the sections or paragraphs that Daniel M. Ashe, are unclearly written, which sections or Endangered and threatened species, Director, U.S. Fish and Wildlife Service. sentences are too long, the sections Exports, Imports, Reporting and [FR Doc. 2012–12263 Filed 5–22–12; 8:45 am] where you feel lists or tables would be recordkeeping requirements, useful, etc. Transportation. BILLING CODE 4310–55–P

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