50850 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules approval if a satisfactory parent DEPARTMENT OF THE INTERIOR either the country of export or the company or similar guarantee is country or countries of re-export are provided? Fish and Wildlife Service engaging in practices that are (6) Any other aspect of this issue. detrimental to the conservation of 50 CFR Part 17 populations. By Order of the Maritime Administrator. RIN 1018±AD67 The purpose of the special proposed Dated: September 18, 1998. rule is twofold. One is to promote the Joel C. Richard, Endangered and Threatened Wildlife conservation of the yacare´ caiman by Secretary. and Plants; Proposed Reclassification ensuring proper management of the of Yacare Caiman in South America commercially harvested caiman [FR Doc. 98–25408 Filed 9–22–98; 8:45 am] From Endangered to Threatened, and in the range countries and through BILLING CODE 4910±81±P the Listing of Two Other Caiman implementation of trade controls as Species as Threatened by Reason of described in the CITES tagging Similarity of Appearance resolution to reduce commingling of caiman specimens. The rule is also AGENCY: DEPARTMENT OF THE INTERIOR Fish and Wildlife Service, intended to relieve the burden on U.S. Interior. law enforcement personnel who must Fish and Wildlife Service ACTION: Proposed rule. screen difficult to distinguish caiman 50 CFR Part 17 SUMMARY: The U.S. Fish and Wildlife products to exclude products from Service (Service) proposes to reclassify endangered or improperly identified Endangered and Threatened Wildlife the yacare´ (Caiman yacare also known species from U.S. commerce. and Plants; Reopening of Comment as Caiman crocodilus yacare) from its DATES: Comments from all interested Period on 90-Day Finding and present endangered status to threatened parties must be received by December Commencement of Status Review for a status under the Endangered Species 22, 1998. Public hearing requests must Petition To List the Westslope Act (Act) because the endangered listing be received by November 9, 1998. Cutthroat Trout as Threatened; does not correctly reflect the present ADDRESSES: Comments, information, Correction status of this . The Service also and questions should be submitted to proposes to list the common caiman the Chief, Office of Scientific Authority; AGENCY: Fish and Wildlife Service, (Caiman crocodilus crocodilus) and the Mail Stop: Room 750, Arlington Square; Interior. brown caiman (Caiman crocodilus 4401 North Fairfax Drive; U.S. Fish and fuscus) as threatened by reason of Wildlife Service, Arlington, Virginia ACTION: Proposed rule; correction. similarity of appearance. The yacar´ is 22203. Fax number (703) 358–2276. native to , , , Comments and other information SUMMARY: In document 98–21995 and , and the other two caiman received will be available for public beginning on page 43901 in the issue of occur in Mexico and Central and South inspection, by appointment, from 8:00 Monday, August 17, 1998, make the America. These three taxa are listed in a.m. to 4:30 p.m., Monday through following corrections: Appendix II of the Convention on Friday, at the Arlington, Virginia, On page 43902, at the end of the first International Trade in Endangered address. paragraph in the second column, insert Species of Wild Fauna and Flora FOR FURTHER INFORMATION CONTACT: Dr. the following sentence: ‘‘However, in (CITES). Listing the two taxa as Susan Lieberman, Chief, Office of accordance with the current Service threatened by reason of similarity of Scientific Authority, at the above Listing Priority Guidance (63 FR 25502, appearance will assist in protecting the address, by phone at (703) 358–1708, or ´ May 8, 1998) the Service will require 9 yacare caiman from uncontrolled use. by E-mail at: A special rule is also proposed for [email protected]. months from the date of the finding these three species that would allow (June 10, 1998) to complete a thorough SUPPLEMENTARY INFORMATION: U.S. commerce in caiman skins, other biological status review and issue a 12- parts and products from individual Background month finding.’’ countries of origin and countries of re- The U.S. Fish and Wildlife Service On page 43902, third column, in the export if certain pre-trade conditions are (Service) recognizes that substantial third sentence of the first full paragraph, satisfied for those countries. The several populations of crocodilians that are the word ‘‘not’’ should be changed to conditions largely pertain to the managed as a sustainable resource can ‘‘now.’’ implementation of a CITES resolution be utilized for commercial purposes on the universal tagging of crocodilian while not adversely affecting the Dated: September 15, 1998. skins (adopted at the ninth meeting of survival of individual populations of the Terry Terrell, the Conference of the Parties) as well as species. When certain positive Deputy Regional Director, Denver, Colorado. conditions complementing the intent of conservation conditions have been met, [FR Doc. 98–25250 Filed 9–22–98; 8:45 am] this resolution and provisions to the Service has acted to allow BILLING CODE 4310±55±P support the sufficiency of management utilization and trade from managed of yacar´ populations so that populations populations of the American will be sustained through time. (Alligator mississippiensis), and has In the case where tagged caiman skins allowed the importation of commercial and other parts are exported to a second shipments of Nile ( country, usually for tanning and niloticus) skins, other parts, and manufacturing purposes, and the products from several southern and processed skins and finished products eastern African countries and similar are exported to the United States, the shipments of saltwater crocodile United States will prohibit imports of (Crocodylus porosus) specimens from skins and products if it determines that Australia (61 FR 32356; June 24, 1996). Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50851

Management activities were reviewed the broad-snouted caiman (Caiman and no such subgroups are recognized by the CITES Parties prior to latirostris). This proposed rule does not in this proposed rule. transferring certain populations from affect the endangered or threatened Since the initial listing of the yacare´ CITES Appendix I to Appendix II status, under the Act, of any other caiman, there has been controversy (thereby allowing commercial trade) and crocodilian species in the Western associated with defining the ranges of included assessments of population Hemisphere. caiman species, especially that of C. status, determination of sustainable The original listing for the yacar´ yacare in southern South America. To harvest quotas (or approval of ranching caiman (under the provisions of the assist in the clarification of the status of programs), and the control of the illegal Endangered Species Conservation Act of C. yacare´, the CITES Secretariat, in harvest. Management regulations 1969) was C. yacare, which is the conjunction with the World imposed after harvest included the presently accepted taxonomic name for Conservation Union/Species Survival tagging of skins and issuance of permits the species (King and Burke 1989) and Commission (IUCN/SSC) Crocodile to satisfy the requirements for CITES the name used throughout this proposed Specialist Group (CSG), undertook a Appendix II species. rule. Some authors treat the taxon as a survey (starting in late 1986 and early The Service is also proposing a subspecies, C. c. yacare, and this is the 1987) and the development of a special rule with this proposed rule to taxonomic name presently included in conservation program for the ensure implementation of the CITES the List of Endangered and Threatened crocodilians of the genus Caiman. These controls over trade in skins, parts, and Wildlife (50 CFR part 17.11). King surveys were conducted under the products of certain populations of the believes (in litt.) that C. yacare should auspices of CITES and were carried out genus Caiman. Populations of Caiman be considered biologically as a by the CSG, and the Governments of spp. are widespread in Mexico and subspecies or at the end of a Brazil, Bolivia, and Paraguay. The Central and South America, and have morphological cline, but indicates that available data from these studies high reproductive potential; indeed, the nomenclaturally it is recognized as a (Brazaitis 1989A; Brazaitis et al. 1990; species have survived in spite of a past full species. King and Vı´dez Roca 1989; and Scott et substantial legal and illegal harvests. al. 1988 and 1990) on the distribution, A recent study, including an analysis The Service believes that commercial ecology, and status of C. yacare indicate of mitochondrial DNA variation, utilization of yacar´ caiman should that this species is not endangered in its indicates that the C. yacare of involve trade from controlled harvest entirety and is not in danger of Argentina, Bolivia, Brazil, and Paraguay only from well managed populations, extinction in any significant portion of and that trade controls need to be comprise an taxonomic unit with its range. effective in order to protect threatened substantial genetic, morphological, and Caiman yacare is widely distributed crocodilian populations. If this zoogeographical similarities (Brazaitis et throughout the lowland areas and river proposed rule and its accompanying al. 1993). Those authors indicate that C. systems of northeastern Argentina, special rule are finalized as proposed, yacare populations are effectively southeastern and northern Bolivia, the Service believes that this will only separated from C. c. crocodilus Paraguay, and the western regions of the allow commerce in yacar´ specimens and populations by mountains and Brazilian States of Rondonia, Mato products into the United States that will highlands that limit nesting habitat and Grosso, and Mato Grosso du Sol facilitate sound management practices the migration of individual (Brazaitis et al. 1990). The range to regulate the legal harvest and control between southern and northern river includes: the entire Guapore River (= illegal trade in range countries, so that systems. Caiman yacare, C. c. crocodilus Itenes River) drainage, including its caiman populations are being sustained and C. c. fuscus are considered, on the head waters in the Brazilian State of at biologically sound levels. basis of base changes in their DNA Mato Grosso, and its tributaries in Furthermore, the Service does not sequences, to be diagnostically distinct northeastern Bolivia; eastern Bolivia intend to allow imports of caiman populations of a widespread and related and western Brazil throughout the specimens and products with those taxa (Amato 1992) with C. yacare, drainage of the Paraguay River and the intermediary countries that do not apparently having greater genetic of Brazil; Paraguay River and properly control trade in crocodilian differences from C. c. crocodilus than C. southern Pilcomayo River in Paraguay; skins, other parts, and products, so as to c. crocodilus has in relationship to C. c. and the lower Salado River, the Parana´ ensure that illegal skins, other parts, and fuscus (Brazaitis et al. 1993). Additional River east to the Uruguay River, and products are not exported to the United analysis of DNA information by south to the mouth of the Parana´ River States. Brazaitis and others supports the in Argentina (Brazaitis et al. 1993). This rule proposes to reclassify the interpretation that ‘‘Caiman yacare, C. c. The common caiman, C. c. crocodilus, yacar´ (Caiman yacare = C. crocodilus crocodilus, and C. c. chiapasius occurs in the drainage basins of the yacare) from endangered to threatened (probably C. c. fuscus) are each Amazon and Orinoco Rivers in French status under the Act, and to list two phylogenetic species, as per the criteria Guiana, Surinam, Guyana, Venezuela, additional taxa, the common caiman (C. of Davis and Nixon (1992)’’ (Brazaitis et eastern Ecuador, Colombia, Peru, and crocodilus crocodilus) and the brown al. 1997a, Brazaitis et al. 1997b). Brazil. A narrow zone of intergradation caiman (C. crocodilus fuscus including However, recent work (Busack and exists between C. yacare and C. c. C. crocodilus chiapasius), as threatened Pandya 1996) suggests that C. c. crocodilus along the northern border of by reason of similarity of appearance. crocodilus and C. c. fuscus comprise a Bolivia and Brazil in the State of Acre When traded as skin pieces in products, single genetic population at the in the Acre River and Abuna drainages, the yacare´ is similar in appearance to subspecies level, while confirming that northward to approximately Humaita on the common caiman and the brown yacar´ is a distinct subspecies, C. c. the Madeira River in the Brazilian State caiman that are listed as CITES yacare. There is no biochemical of Amazonas (Brazaitis et al. 1990). Appendix II species, but have no evidence, at this time, that recognizable The brown caiman, C. c. fuscus comparable status under the Act. Other subgroups of C. yacare occur within the (including C. c. chiapasius), occurs from caiman species will be retained as distributional limits of C. yacare in the Mexico through Central America to endangered under the Act, including the river systems of Argentina, Bolivia, Colombia (west of the Andes), along the black caiman (Melanosuchus niger) and Brazil, or Paraguay (Brazaitis et al. 1993) coastal and western regions of 50852 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules

Venezuela, and south through Ecuador The Service, on March 15, 1988, its information on the distribution of the to the northwestern border of Peru. The received a petition requesting the species. CITES Secretariat and several authors reclassification of the yacare´ caiman (C. Dr. F. Wayne King, Deputy Chairman consider C. c. chiapasius a synonym of c. yacare´) from endangered to of the CSG, commented that the original C. c. fuscus and it is so considered in threatened status. The Service reviewed 1970 endangered listing was unjustified this proposed rule. the petition and concluded that it did in that data available at the time of The yacare´ has been listed as not present sufficient scientific or listing indicated that C. yacare was endangered under the Act since 1970 commercial information to indicate that under no greater threat than C. c. and was placed in Appendix II of CITES a reclassification was warranted (55 FR crocodilus or C. c. fuscus, which were on July 1, 1975. It has never been listed 43387 published October 29, 1990). not listed. In preparing his comments in in CITES Appendix I. The endangered However, the Service, in the October 29, response to the October 29, 1990, listing under the Act prohibited all 1990, Federal Register notice, also Federal Register notice, King relied commercial imports of the species into solicited relevant data, comments, and upon the status reports prepared for the the United States. However, the publications dealing with the current CITES Secretariat (Brazaitis 1989a; Appendix II listing allowed for status and distribution, biological Brazaitis et al. 1990; King and Vı´dez regulated commercial trade elsewhere in information, and bioconservation Roca 1989; Scott et al. 1988 and 1990). the world. A substantial U.S. law measures pertaining to the yacare´ He concluded that C. yacare´ is neither enforcement problem has occurred caiman. The Service also requested endangered nor threatened and is not in because of the different listing status comments about the advisability and danger of extinction in any significant under the Act and under CITES. All necessity of treating the subspecies C. c. portion of its range. commercial imports of yacare´ into the crocodilus and C. c. fuscus as King further concluded that the ‘‘endangered’’ listing denies yacare´ United States are prohibited under the endangered or threatened due to its range countries an opportunity to profit Act, including shipments originating similarity of appearance to the listed C. from implementing successful from countries of origin with valid c. yacare´. The Service noted that while management programs for the species. CITES export documents. Commercial living yacare´ caiman are usually Mr. Juan Villalba-Macias, Vice imports of products from the common distinguishable from the common and Chairman for Latin America section of and brown caiman are legal, with the brown caiman, portions of the skin the CSG, agreed with King that this appropriate CITES documents. Products and products manufactured from cut species should not be considered as manufactured from the yacare´, common skins of any of these taxa may be endangered in the different range caiman, and the brown caiman are often difficult to distinguish as to taxon of origin. countries and that it is not appropriate indistinguishable as to species they are to keep yacare´ listed under the Act. He made from, and there is evidence that Comments Received considered its inclusion in Appendix II ´ products from the prohibited yacare Thirty-eight written comments, from of CITES the most appropriate listing. have been commingled with products 31 individuals and organizations, were Mr. Dennis David, North American from non-prohibited taxa among received in response to the October 29, Deputy Vice Chairman of the CSG, commercial shipments into the United 1990, Federal Register notice, of which indicated that the species does not meet States. The unauthorized entry of 24 were received during the formal the criteria for listing as endangered or prohibited yacare´ products constitutes a comment period. Ten received during threatened, and that a downlisting violation of the Act, and if the yacare´ is the formal comment period were from action would greatly influence the legally protected in individual range government officials or residents of ability of Latin American countries to countries, then Lacey Act violations South America (Argentina {3}, Brazil pursue the establishment of sound may also have occurred. {4}, Colombia {1}, Peru {1}, and management programs. According to Argentina, Bolivia, Brazil, and Paraguay {1}); 10 were from the Mr. David, many of these countries are Paraguay prohibited, until relatively scientific community, including 4 from actively seeking to establish regulated recently, the export of caiman products the IUCN/SSC Crocodile Specialist harvests that would provide economic (Brazaitis in comments on the October Group (CSG); and one each was received incentives for the conservation of 29, 1990, Federal Register notice [55 FR from the trade industry, the CITES crocodilian species and their wetland 43389], see below). CITES Notification Secretariat, the German Scientific habitats. The most destructive action, in to the Parties No. 781, issued on March Authority, and TRAFFIC–USA. Some of his view, would be to maintain or 10, 1994, indicated that Brazil’s CITES the additional comments received establish obstacles to the development Management Authority had registered outside the formal comment period are of regulated harvest programs in this 75 ranching operations for producing also cited herein because they are region. He stated that the CITES skins of C. c. crocodilus and C. yacare. believed to provide important Appendix II classification provided These ranching operations were information relevant to this proposed ample control over trade. established under provisions of Article listing determination. The spectrum of Dr. Valentine A. Lance, Vice 6 B of Brazilian Wildlife Law No. 5.197, interest expressed in the comments Chairman for Science of the CSG, of November 3, 1967. Some of the received ranged from requests for the opposed any decision to list other ranching operations have begun the total removal of C. c. yacare´ from the caiman species as endangered under export of crocodilian products under ‘‘List of Endangered and Threatened ‘‘similarity of appearance’’ because of CITES procedures including the use of Wildlife’’ to listing the taxa as his belief that none of the caiman security tags. Caiman yacare from ‘‘threatened or endangered.’’ Many of species are endangered. Brazilian ranches is now legally traded the comments referred to the presence Dr. Obdulio Menghi, Scientific in the international marketplace, except of yacare´ caiman at various locations Coordinator of the CITES Secretariat, into the United States. Paraguay has also but did not provide any field data or commented that after having reviewed expressed an interest in the legal information on population levels, trends the comments made by Latin American marketing of C. yacare skins, and a or productivity. However, the Service countries regarding the distribution of restricted legal hunt was held in 1994 acknowledges such anecdotal populations of the species and based (King et al. 1994). information as being useful to reinforce upon his own experience in the region, Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50853 he believed that yacare´ should be crocodilus (apaporiensis, chiapasius, Instituto Nacional de Pesquisas de removed from the U.S. endangered crocodilus, and fuscus) occur in Amazonia (INPA) commented that C. species list. This, he wrote, would Colombia and that the Government has yacare is common over all of its range improve compliance with CITES by no interest in the commercialization of in Brazil, but in many places there are allowing legal trade. Dr. Menghi also specimens or hides of C. yacare. Mr. visibly depleted populations. He stated opposed adding C. c. crocodilus and C. Camacho wrote that the formal that C. yacare should not be downlisted c. fuscus to the list of endangered and inclusion of C. c. chiapasius, C. c. until a feasible management plan to threatened species under the similarity crocodilus, and C. c. fuscus by similarity harvest skins under a sustained-yield of appearance provisions. Dr. Menghi of appearance under the Act could have model is developed, and until illegal noted that listing C. c. crocodilus and C. a drastic negative impact on the future hunting is stopped or greatly reduced. c. fuscus would discourage an entire of crocodilian management policies and In Argentina, one governmental region that has come a long and difficult practices in Colombia. He stated that agency (Ministerio de Economia, way toward accomplishing the aims of there is no commercial hunting of any Buenos Aires) favored listing C. yacare CITES. crocodilian species in Colombia and as threatened to bring it in line with the Dr. Dietrich Jelden, Deputy Head of that management policy is oriented CITES listing; while two agencies the CITES Scientific Authority of toward the establishment of captive (Ministerio de Agricultura, Ganaderia Germany (currently Head of the breeding farms. Reportedly, INDERENA and Industria y Comercio—Provincia de Management Authority of Germany) authorities allow the capture of animals Santa Fe and El Bagual Ecological commented that, based on the status of from the wild for breeding purposes Reserve—Formosa) opposed this listing yacare´ in its four range countries, only. The control system for ranched until a recovery program has been virtually all populations had suffered specimens includes the marking of developed. severely from indiscriminate hunting. individuals and legally-produced hides. Ms. Aida Luz Aquino-Shuster, He recommended that any downlisting Mr. Tomas Uribe, Director of the Scientific Authority CITES-Paraguay, should be combined with improvements Colombian Government Trade Bureau, commented that C. yacare can still be to the general management of the on behalf of the Government of found in large numbers in the Pantanal, species. Furthermore, he believed that Colombia, submitted two responses but that they are less common in the any downlisting should be combined (letters of February 26, 1991, and March lower Chaco region of Paraguay. with a commitment from the 8, 1991) to the Service’s notice. He Furthermore, in response to the October governments of Bolivia, Brazil, and observed that although C. yacare does 1990 Federal Register notice, Ms. Paraguay, to only ship tanned skins or not exist in Colombia, a main concern Aquino-Shuster observed that the flanks marked with self-locking tags, if was the prospective listing, as control systems in all the range they intend to start legally exporting endangered or threatened by similarity countries were very poor or non-existent yacare´ skins. of appearance, of species native to their at that time. She felt that a good strategy Ms. Ginette Hemley of TRAFFIC–USA country, particularly C. c. crocodilus to enhance the survival of the species in (now with World Wildlife Fund) and C. c. fuscus. Mr. Uribe wrote that the various range countries should be commented that, in her view, the Colombia has a comprehensive and developed and implemented before the species does not qualify as endangered, scientifically oriented system of United States downlists C. yacare. and it is clearly not ‘‘in danger of protection and conservation of its Ms. Ana Maria Trelancia of Lima, extinction throughout all or a significant natural and wildlife resources. He Peru, a member of the CSG, wrote that portion of its range.’’ The high value of affirmed that the Government of the 2-year survey on C. yacare C. crocodilus products and the relative Colombia recognized the importance of conducted by competent researchers abundance of the species, including C. the caiman trade and its contribution to shows that this species can support yacare, has prompted many range regional welfare, and instituted a sustainable use, and that the United countries to develop, or begin program to ensure the conservation of States’ prohibition on importation developing, sustained-use management the species involved. All caiman skins should be changed to bring it in line programs. Whereas a policy of strict exported must be accompanied by a with CITES. protection once appeared to be the best CITES export permit issued by the Dr. Marinus S. Hoogmoed of the way to conserve the species, many range Institute for Natural Renewable National Museum of Natural History of countries now see that the most Resources (INDERENA), Ministry of Holland commented that the trade in appropriate means of protecting the Agriculture. products of caiman species should be species is through farming, ranching, or Three comments were received from allowed, provided the skins are controlled harvest, and trade. She added scientists who work for the Brazilian legitimately taken and marked as such. that Service policy on conservation and governmental agency, Embresa Three Zoological Institutions (Toledo trade of the species, including C. yacare, Brasiliera de Pesquisa Agropecuaria/ Zoological Society, Riverbanks should take these developments into Centro de Pesquisas Agropecuarias do Zoological Park, and Zoo Atlanta) consideration, as they are fully Pantanal (EMBRAPA/CPAP), in the recommended that the Service list C. c. consistent with the purposes of CITES State of Mato Grosso do Sul. They crocodilus and C. c. fuscus under the and the Act. Ms. Hemley stated that C. contended that C. yacare remains similarity of appearance provisions of yacare should, at a minimum, be common throughout its range despite the Act because small pieces of hides or downlisted from endangered to extensive exploitation in the southern finished products are difficult to threatened under the Act, and that the part of the Pantanal and in other distinguish from the listed species, C. Service should use every resource and regions. They stated that there is no yacare. legal tool available to combat and reason to have the C. yacare listed as Extensive comments were received control the illegal trade. endangered, and that the Appendix II from Mr. Peter Brazaitis of the New Mr. Jorge Hernandez Camacho of the listing under CITES is sufficient for the York Zoological Society. Since 1985, Institute for Natural Renewable United States to support any Mr. Brazaitis has conducted field Resources (INDERENA) and the CITES management decisions by the Brazilian investigations on Caiman species in Scientific Authority for Colombia, Wildlife Management Authority Brazil. His primary research focus has commented that four subspecies of C. (IBAMA). Mr. George Rebelo of the been the resolution of both taxonomic 50854 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules issues and the determination of the promulgated to implement the listing the range of the yacare´. Transportation status and distribution of . In provisions of the Act (50 CFR part 424) improvements destroy relatively small 1986, Mr. Brazaitis was Coordinator for set forth five criteria to be used in amounts of habitat but increase the the CITES Central/South America determining whether to add, reclassify, access of poachers to some yacare´ caiman survey in Brazil. or remove a species from the list of habitats. Increasing human populations, Mr. Brazaitis stated that the rampant endangered and threatened species. the development of hydroelectric illegal trade in crocodilians continued at These factors and their applicability to projects, the draining of wetlands, and an alarming rate. Due to the great populations of the yacare´ caiman in deteriorating water quality due to similarity of appearance among the South America are as follows. siltation or the extensive dumping of Caiman species, he noted that it is pollutants has caused habitat A. The Present or Threatened difficult to identify the species, degradation. However, yacare´ habitat is Destruction, Modification, or especially when small pieces of skins very extensive and yacare´ habitation is Curtailment of its Habitat or Range and products, or even whole skins are so widespread that it is very unlikely involved. According to Mr. Brazaitis, The yacare´ caiman may occur over that the species is presently endangered the majority of skins involved in trade 500,000 square kilometers (sq km) in or threatened because of the destruction, are C. yacare, and at the time of his Brazil of which 175,000 sq km is in the modification, or curtailment of its writing there were no legal sources for Pantanal, which is a primary habitat habitat or range. these skins because each range country (Brazaitis et al. 1988). The Pantanal is a (Argentina, Bolivia, Brazil and complex region which lies in the basin B. Overutilization for Commercial, Paraguay) had a ban on the export of all of the Paraguay River in the Brazilian Recreational, Scientific or Educational caimans. He further noted that while no States of Mato Grosso and Mato Grosso Purposes legal sources existed for raw untanned du Sol. The region is composed of The status of the yacare´ has been of skins, raw skins continually entered permanent swamp, seasonal swamp, concern. Each of the four range commercial trade and found their way gallery forest, marginal scrub, savannah, countries has some populations that are into the United States. and semi-deciduous forest. The yacare´ adequate, and each has other Mr. Brazaitis commented that the lack is the only caiman in the Pantanal populations that are reported to be of adequate trade controls and the lack (Brazaitis 1989a). The yacare´, in the depleted or extirpated (Groombridge of procedures for marking skins and Pantanal and elsewhere, is found in a 1982). Hunting for hides, both legal and products, compounded the problem of wide variety of habitats including those illegal, has in the past been the major distinguishing the taxa yielding hides that are altered by humans. The species threat to the survival of populations of and products, because of the great occurs in vegetated and non-vegetated the species. The species is either similarity in appearance and large open rivers, secondary rivers and provided protection by domestic morphology. He observed that the streams, flooded lowlands and forests, legislation (Paraguay, Argentina, and extensive trade in items made from C. roadside ditches and canals, oxbows, Brazil) or the legal harvest is regulated crocodilus may include products made large and small lakes and ponds, cattle by established hunting seasons and from the endangered species (C. c. ponds and streams (Brazaitis et al. limits on the size of animals that can be apaporiensis and C. c. yacare) that pass 1988). The yacare´ is found throughout legally killed for the commercial trade unhalted into the United States due to the Bolivian Departments of Beni, (Bolivia). Questions about the similarity of appearance. According to Pando, and Santa Cruz, and the lowland , distribution, and population King (pers. comm.), there have been no portions of Chuquisaca, Cochabamba, La status of the species prompted the reports of C. c. apaporiensis still Paz, and Tarija (King and Videz Roca CITES Secretariat in conjunction with occurring in the wild over the last 20 1989). King and Videz Roca (1989) also the CSG to undertake a survey (starting years. indicate that the yacare´ may occur in in late 1986 and early 1987) and to help Mr. Brazaitis urged the Service to permanent wetland habitats that may develop a conservation program for the include listing C. c. crocodilus, C. c. total over 60,000 sq km in area and in crocodilians of the genus Caiman. These fuscus and C. latirostris under the seasonal wetland habitats that may total surveys were conducted under the similarity of appearance provision of the an additional 70,000 sq km in area. The auspices of CITES and were carried out Act. [Note that C. latirostris is already yacare´ occurs throughout the Chaco of by the CSG, and the Governments of listed as endangered under the Act.] western Paraguay wherever there are Brazil, Bolivia, and Paraguay. The Apart from the similarity of appearance permanent water refuges during the dry available data from these studies issue, Mr. Brazaitis wrote that sufficient season (Scott et al. 1990). The species (Brazaitis 1989a; Brazaitis et al. 1990; grounds exist to elevate C. c. crocodilus inhabits the flat seasonally flooded King and Vı´dez Roca 1989; and Scott et in Brazil to endangered status. lands west of the Paraguay River in the al. 1988 and 1990) on the distribution, A group of scientists (M. Watanabe, J. southern Chaco, marshes and oxbows ecology, and status of C. yacare´ are Mahony, W. Tramontano, and E. along the isolated streams and river reviewed below to assess Factor B under Odierna) from Manhattan College in valleys in eastern Paraguay, and the the Act. New York have assayed heavy metal extensive marshes at the confluence of In the past, large numbers of caiman content in tissues taken from caimans the Paraguay and Parana rivers in per year, particularly those of C. yacare´, (all species) in Brazil. These scientists southern Paraguay (Scott et al. 1990). were taken from Brazil, in violation of report that populations surveyed by the The expansion of cattle grazing and Brazilian law (Brazaitis et al. 1988). field team in Brazil suggest very low the concurrent construction of Yacare´ populations declined in many numbers in many regions of the Amazon permanent water sources for cattle has areas, although the species can be Basin, and surveys in northern Brazil increased the dry season freshwater found, in varying population densities found few adult animals. habitats available to caiman in some in most areas where suitable habitat areas, and has diminished habitat in remains. Yacare´ found in some surveys Summary of Factors Affecting Caiman other areas by increasing the salinity of almost a decade ago appeared small, Yacare waterways (King et al. 1994). Habitat extremely wary, and exhibited a high Section 4(a)(1) of the Act (16 U.S.C. destruction and deterioration has taken male sex ratio. It was suggested that 1531 et seq.) and regulations place and continues to occur throughout females might be more heavily Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50855 harvested at a time when they might be census methods and interviews with forged CITES export permits from some very vulnerable while protecting their hunters and hide dealers, they estimated South American countries. Furthermore, nests (Brazaitis 1989a). Brazilian yacare´ that 1,400,000 animals remained in the some countries of manufacture, have historically been illegally taken by swamps of western Argentina. This knowingly or unknowingly, apparently Bolivian and Paraguayan traders. Local preliminary estimate was later revised accepted illegally killed and illegally landowners in Bolivia and Paraguay, downward to 200,000 (King in litt). exported yacare´, used these materials in and the exotic foreign leather interests The Service believes there is the production of leather goods, and provided a basis for illegal hunting and sufficient cause to find, at this time, that shipped the resulting finished products a market for skins. The illegal harvest some populations of the yacare´ caiman to the United States. Although a live or was the direct result of illegal hide still may be threatened by trade in whole yacare´ caiman can be buyers operating with the tacit approval portions of its extensive range. In some distinguished from other caiman of authorities in Bolivia and Paraguay cases, harvest numbers could exceed the species, the products from tanned or (King and Videz Roca 1989), although sustainable yield. processed skins are often very difficult there is reason to believe that situation, C. Disease or Predation to distinguish caiman species. U.S. Fish prevalent almost a decade ago, has and Wildlife Service Wildlife improved recently. Habitats may be The eggs of C. yacare are eaten by a Inspectors, by clearing crocodilian remote and inaccessible during the wet variety of predators, which in some products from these leather good season but easily accessible during the localities include humans, and manufacturing countries, could dry season when most harvest occurs hatchlings are consumed by a variety of inadvertently have allowed the import (Brazaitis 1989a). predators including crocodilians. of parts and products from illegally The yacare´ remain widely distributed However, there is no evidence, at this harvested yacare´. Such imports would in Bolivia (King and Videz Roca 1989), time, that disease or predation are constitute violation of the U.S. Lacey with management of populations significant factors affecting C. yacare Act and the Endangered Species Act, improving in recent years. The average populations. and would be detrimental to the length of certain measured caiman was D. The Inadequacy of Existing conservation of the yacare´, by not about 1.25m which suggests a Regulatory Mechanisms effectively promoting the management disproportionately young age structure. of the species. Caiman populations in some rivers were The yacare´ is protected in Argentina The CITES Secretariat, in conjunction extirpated, but caiman survive in by a total ban on commercial hunting, with the CSG, and with the permission Bolivia due to abundant habitat and and on the export of raw and tanned and cooperation of the range countries, their rapid growth to sexual maturity. hides, and other products. Domestic conducted a survey of the status of the Minimal size lengths and legal hunt laws ban the export of wildlife and yacare´ and discovered, during the seasons have been established. A wildlife products from Brazil, except course of those surveys, major sustainable harvest will occur, with from approved ranching programs. The inadequacies associated with the effective enforcement of existing laws yacare´ is nominally protected in existing regulatory mechanisms. All governing the yacare´. Almost a decade Paraguay by Presidential decree which available information indicates that ago , it was reported that the long-term prohibits hunting, commerce, and the some of the regulations and laws have continuation of the status quo could import and export of all species of been improved since the survey. lead to the endangerment of the species wildlife and their parts and products, The yacare´ in Paraguay is subject to in Bolivia (King and Videz Roca 1989); although a restricted harvest was held in intensive hunting pressures for meat it is believed that situation has 1994 (King et al. 1994). Bolivia permits and hides (Scott et al. 1990). Until improved, with new, more effective the hunting of yacare´ from January 1 to recently the level of exploitation of management in Bolivia. June 30, and imposes a 1.5m size limit caimans was uncontrolled and many The yacare´ persists in good numbers on all harvested caiman. The yacare´ was populations were over-exploited. The throughout the Chaco region of listed as endangered by the Pan combination of increased difficulty in Paraguay, wherever there are permanent American Union in 1967 (Groombridge marketing hides, an increased water refuges during the dry season. The 1982). The yacare´ was additionally awareness of conservation needs, yacare´ is subject to intense hunting listed as endangered under the U.S. reduced caiman populations, reduced pressures for both hides and meat in Endangered Species Conservation Act of prices, and increased action by many locations, although populations 1969 and was added to Appendix II of government and international agencies may be dense where the species is CITES in 1975. may have relieved some of the pressure protected. Some caiman populations, The several pieces of domestic and on the caiman resources (Scott et al. until recently, were heavily exploited. international legislation and individual 1990). King et al. (1994) report that the The fact that small residual populations Presidential decrees were meant to traffic in yacare´ skins was virtually exist in many areas suggest that the restrict the harvest and commercial nonexistent in Paraguay in 1993, and yacare´ should be able to recover where trade of yacare´ to a sustainable harvest interest exists in developing sustainable they and their habitats are protected from wild populations of yacare´ legally harvest programs. (Scott et al. 1990). King et al. (1994) killed in Bolivia. Yacare´ skins, other In the 1980s, the yacare´ in Bolivia reported that large populations of yacare´ parts and products from this legal supported a legal export trade of can still be found in suitable habitats. In harvest, with proper CITES export 50,000–200,000 hides annually, and an some cases, however, populations permits from Bolivia, have been able to illegal trade that brought total exports to consist of smaller animals suggesting enter international trade with countries about 400,000 hides annually (King and that extensive hunting occurred in the other than the United States. In some Videz Roca 1989). The yacare´ was recent past. cases, existing legislation and decrees considered to be suffering from a lack of The CSG did not conduct a survey have been inadequately or unevenly conservation management because of a and assessment in Argentina. Fitch and enforced. The yacare´ is apparently lack of enforcement of existing wildlife Nadeau (1979) indicated that yacare´ illegally killed in Argentina, Bolivia, laws. The establishment and were relatively abundant in northern Brazil, and Paraguay, and reportedly implementation of an adequate Argentina. Using a combination of may be illegally exported with real or bureaucracy to conduct wildlife 50856 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules management and to enforce The Service believes there is 1994. Resolution Conf. 8.14 was conservation laws was considered an sufficient cause to find that the yacare´ repealed with the adoption of the new imperative if wildlife resources were to is presently threatened by the resolution Conf. 9.22 on the Universal survive and flourish. inadequacy of the existing regulatory Tagging of Crocodilians. Requirements A 1961 Presidential decree prohibited mechanisms. Sufficient laws and of this new resolution are incorporated the hunting of yacare´ less than 1.5 decrees may be published but they have into this proposed rule and will also be meters (m) in length, and additional been insufficiently enforced to incorporated into a future revision of 50 decrees closed the caiman hunting successfully promote the conservation CFR part 23 on CITES implementation seasons from July 1 to December 31. of the yacare´. in the United States. Adherence to the new marking requirements should Unfortunately, there was no effective E. Other Natural or Manmade Factors minimize the potential for substitution enforcement of either the hunting Affecting its Continued Existence season restriction or of the minimum of illegal skins and reduce the trade size limit restriction. About two-thirds Wildlife, such as the yacare´ caiman, control problems with the similarity in of the hides inspected in warehouses can be advantageously utilized in appearance of skins and products from were less than the 1.5 m legal length. In commerce if management is sufficient to different species of crocodilians. 1986 and 1987, Bolivia reputedly sold maintain satisfactory habitats, and The CITES resolution on the universal CITES export permits, in the amount harvest is at a level that allows tagging system for the identification of equal to the annual CITES quotas, to maintenance of healthy and sustainable crocodilian skins requires, in part: (1) populations. The yacare´, under such skin exporters in Paraguay (King and the universal tagging of raw and conditions, can provide revenue to pay Videz Roca 1989). This provided an processed crocodilian skins with non- for its own management and to outlet for poached skins through reusable tags for all crocodilian skins stimulate local economies. CITES works Paraguay which apparently enhanced entering trade or being reexported, well to regulate exports under the illegal kill and sanctioned and unless they have been further processed conditions where all parties share the encouraged the trans-national and cut into smaller pieces; (2) the same conservation goals and provide movement of illegal wildlife products in tagging of transparent containers of adequate resources to properly manage violation of CITES. The Standing crocodilian parts; (3) that the non- the species and control trade. reusable tags include as a minimum the Committee of CITES recommended, in Currently, pressures exist to distort October 1986, that the Parties to the International Organization for this ideal management model. In many Standardization two-letter code for the Convention no longer accept export areas, within the range of the yacare´, the country of origin, a unique serial permits from Bolivia, but further study goal has been to exploit rather than identification number, a standard would be required to determine if conserve the species. Within the range species code and the year of production effective regulatory mechanisms may countries, there have been insufficient or harvest, and further that such non- presently be in place in Bolivia. funds to protect, enhance, and manage reusable tags be registered with the Large numbers of caiman skins were wildlife resources, and there are CITES Secretariat and have the required illegally taken every year, largely from tremendous demands for land and the information applied by permanent south central Brazil, despite Brazilian products from that land to provide stamping; (4) that the same information laws (Law No. 5.197, January 3, 1967) subsistence living to an increasing as is on the tags be given on the export which prohibit the commercial hunting human population. CITES permit, re-export certificate or other of all wildlife (Brazaitis et al. 1988). The implementation is challenging when Convention document, or on a separate illegal hunting of caiman in south- countries do not have the will or sheet which shall be considered an central Brazil was well organized, well resources to prevent the over- integral part of the permit, certificate or funded, and widespread. The endemic exploitation of natural resources. The document and which should be crocodilians, in some areas, however, unfortunate reality is that over validated by the same issuing authority; are beginning to be perceived as a exploitation minimizes per item and (5) that re-exporting countries valuable renewable natural resource and resource values in the short-term and implement an administrative system for state governments and the private sector may destroy long-term resource values. the effective matching of imports and re- have begun some conservation International trade in certain exports and ensure that the original tags initiatives. A Federal wildlife crocodilians has presented significant are intact upon re-export unless the bureaucracy has been established, and problems for the CITES Parties; several pieces are further processed and cut into regional and local offices have been resolutions have been adopted at smaller pieces. established in states and major cities. previous meetings of the Parties in an The Service has carefully assessed the Brazaitis et al. (1988) considered the effort to establish management regimes best available biological and Brazilian biologists and law to benefit conservation of particular conservation status information enforcement personnel as competent, species. The United States, in regarding the past, present, and future interested, and eager to participate in conjunction with Australia, Germany, threats faced by the yacare´ in proposing crocodilian wildlife conservation. These and Italy, submitted a resolution (Conf. this rule. Based on this evaluation, the Brazilian personnel, however, were ill 8.14) for consideration at the eighth proposed action is to reclassify yacare´ equipped to face poachers that were meeting of the Conference of the Parties caiman populations from endangered to both better equipped and better armed. in Kyoto in 1992, which called for a threatened. The Service has concluded A further weakness has been that the universal tagging system for the that an extensive but not yet completely judiciary has not supported the identification of crocodilian skins in adequately managed population of enforcement of wildlife regulations with international trade. Additional controls yacare´ still exists over large and appropriate penalties for violators. were incorporated into a revised seasonally inaccessible areas within the Presumably, the success and resolution prepared by the CITES four South American range countries. effectiveness of future conservation Animals Committee and adopted by the There seems to be solid and well- programs for crocodilians will depend CITES Parties at the ninth meeting of supported information documenting the on the cooperation and financial the Conference of the Parties held in extensiveness of the distribution of this support of an interested private sector. Fort Lauderdale, Florida, in November species. The Service recognizes that Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50857 little quantified field work has been and assembly stages of the endangered species like C. latirostris performed to assess the population manufacturing process so that and M. niger. For example, the Service trends over time, and this is due to the inadvertent commingling frequently has records of leather goods inaccessibility of the habitat, the high occurs. While some affirmative yacare´ manufactured from M. niger being costs of performing field work in such identifications can be made in included in product shipments declared locations, and physical risks to manufactured products, there are as C. c. fuscus. researchers in some areas. The best numerous instances when proper Another problem occurs when available information does indicate that identifications are not made and unlawfully harvested yacare´ enter this species is surviving despite significant quantities of yacare´ are commerce in non-range South American unregulated harvests. probably being imported unlawfully. countries and then are re-exported with Criteria for reclassification of a This occurs because a positive yacare´ documents describing the export as threatened or endangered species, found identification depends upon whether native caiman. Some non-yacare´ in 50 CFR 424.11(d) include extinction, certain indicator patterns are present on countries have ineffective controls over recovery of the species, or error in the a piece of skin and a large proportion of their caiman exports. The Service has original data for classification. The commercially useful pieces of skins do intercepted a number of shipments of original listing did not encompass the not bear the key patterns. yacare´ from Colombia despite domestic survey information, such as Medem’s In his comments submitted in laws that only permit the export of 1973 work, which documented an response to the October 29, 1990, caiman produced through captive extensive range for this species. Given Federal Register notice, Mr. Brazaitis breeding programs, and despite the fact the reproductive capabilities of provided extensive information on the that the yacare´ does not occur in crocodilians, this species should more similarity of appearance amongst six Colombia. Other caiman countries have properly be considered as not in danger caiman and crocodilian species or little control over their domestic caiman of extinction throughout all or a subspecies as they occur in harvests, and have exported yacare´ significant portion of its vast range, but manufactured products and some hides. despite the fact that the species does not as threatened due to inadequately He discussed in detail the indicator occur in their country. The proposed regulated harvest and characteristics on live or whole, rule allows for cessation of commercial commercialization. Therefore, if untanned animals for C. yacare´, C. c. trade to the United States if CITES bans measures to better regulate its harvest crocodilus, C. c. fuscus, C. c. are imposed for failure to implement and commercialization are successfully apaporiensis, C. latirostris, and M. niger, appropriate trade control measures. implemented, the yacare´ caiman should the characteristics remaining after A secondary effect of the proposed be able to achieve stable and sustainable tanning and cutting, and how frequently rule may be to enhance the management population levels. similar characteristics found on pieces of the three caiman species, to facilitate of skin preclude affirmative commerce in products of caiman species Similarity of Appearance identification. that can tolerate a managed commercial In determining whether to treat a The three criteria for listing of other harvest, and to more effectively protect species as endangered or threatened due caiman by similarity of appearance are the endangered species of caiman or of to similarity of appearance, the Director discussed below: other taxa that cannot sustain a shall consider the criteria in section 4(e) (1) The degree of difficulty managed commercial harvest. of the Endangered Species Act. Section enforcement personnel would have in (3) The probability that so designating 4(e) of the Act and criteria of 50 CFR distinguishing the species, at the point a similar species will substantially 17.50 set forth three criteria in in question, from an endangered or facilitate enforcement and further the determining whether to list a species for threatened species (including those purposes and policy of the Act. reasons of similarity of appearance. cases where the criteria for recognition The Division of Law Enforcement These criteria apply to populations of of a species are based on geographical presently inspects caiman shipments to common caiman (C. c. crocodilus) in boundaries). Caiman yacare´, C. c. determine the validity of the proffered South America, and the brown caiman crocodilus and C. c. fuscus superficially Appendix II CITES documents and (C. c. fuscus) in Mexico and Central and resemble each other and are difficult to consults herpetologists to evaluate South America. distinguish, even for a trained specimens when warranted. Due to the The Service has intercepted numerous herpetologist. They are distinguishable problems of commingling and shipments of manufactured items with as live animals because of different identification, a substantial number of documents identifying them as a markings and coloration in the head seizures, forfeitures and penalty lawfully tradable Appendix II species region, but manufactured products assessments have been contested. (most often C. c. crocodilus and C. c. (shoes, purses, belts, or watchbands, Judicial decisions have affirmed the fuscus) and have determined that they etc.) are extremely difficult even for an validity of the Service’s identifications, are, in fact, made from yacare´ caiman. expert to identify as to the species of but the expenditure of funds and There have also been instances when origin (Brazaitis 1989b). Products from resources is disproportionate to that products from other endangered species, the three crocodilians cannot readily be devoted to other species. An earlier such as M. niger, have been declared as distinguished by law enforcement judicial forfeiture action was concluded C. c. fuscus. One reason for this is that personnel, which means that under after 6 years, a full trial, and the many vendors, buyers and traders in present conditions commingled employment, by both parties, of several South and Central America have products from U.S. listed and unlisted expert witnesses. One of the purposes of deliberately misidentified yacare´ species may occur in U.S. commerce. this proposed rule is to shift the inquiry caiman by obtaining documents (2) The additional threat posed to the from one of evaluating a particular purporting to permit export of other endangered or threatened species by shipment, to one of supporting the Appendix II species. In addition, loss of control occasioned because of the effectiveness of the CITES crocodilian representatives of the manufacturing similarity of appearance. skin control system and the industry and others have indicated that The inability to adequately control effectiveness of yacare´ management it is a common practice in the trade to commerce in caiman products has likely programs in countries of origin and re- commingle skins at the tanning, cutting allowed losses to occur to other export, thereby enhancing the 50858 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules management of the species while useful for the conservation of the CITES Standing Committee or permitting other allocations of endangered species in foreign countries. Secretariat. Interstate commerce within enforcement resources. Sections 8(b) and 8(c) of the Act the United States in caiman parts and The improved management of trade authorize the Secretary to encourage reexport will utilize CITES Appendix II should enhance the conservation status conservation programs for foreign documents and will not require of each species, and the proposed listing endangered species, and to provide additional U.S. threatened species action and the proposed special rule assistance for such programs, in the permits. should help CITES Parties control the form of personnel and the training of Effects of the Proposed Rule illegal trade in caiman skins, products, personnel. and parts. Sections 4(d) and 9 of the Act, and This proposed rule, if finalized, Processing of this proposed rule implementing regulations found at 50 would revise § 17.11(h) to reclassify the conforms with the Service’s Listing CFR 17.31, (which incorporate certain yacare´ from endangered to threatened, Priority Guidance for Fiscal Years 1998 provisions of 50 CFR 17.21), set forth a so that the regulations specifically and 1999, published on May 8, 1998 (63 series of prohibitions and exceptions pertaining to threatened species (50 CFR FR 25502). The guidance clarifies the that generally apply to all threatened 17.31, 17.32, 17.51 and 17.52) would order in which the Service will process wildlife. These prohibitions, in part, apply to it. The Apaporis River caiman rulemakings giving highest priority (Tier make it illegal for any person subject to (C. c. apaporiensis), the black caiman 1) to processing emergency rules to add the jurisdiction of the United States to (M. niger), and the broad-snouted species to the Lists of Endangered and take (within U.S. territory or on the high caiman (C. latirostris) will retain their Threatened Wildlife and Plants (Lists); seas), import or export, ship in interstate endangered status under the Act. C. c. second priority (Tier 2) to processing commerce in the course of a commercial crocodilus and C. c. fuscus including C. final determinations on proposals to add activity, or sell or offer for sale in c. chiapasius would be listed as species to the Lists; processing new interstate or foreign commerce any threatened by reason of similarity in proposals to add species to the Lists; listed species. It also is illegal to appearance. processing administrative findings on possess, sell, deliver, carry, transport, or Consistent with the requirement of petitions (to add species to the Lists, ship any such wildlife that has been sections 3(3) and 4(d) of the Act, this delist species, or reclassify listed taken illegally. Certain exceptions apply proposed rule also contains a special species), and processing a limited to agents of the Service and State rule that would amend 50 CFR 17.42 to number of proposed or final rules to conservation agencies. allow for the commercial importation, delist or reclassify species; and third Permits may be issued to carry out under the certain conditions, of whole priority (Tier 3) to processing proposed otherwise prohibited activities and partial skins, other parts and or final rules designating critical habitat. involving threatened wildlife species finished products thereof of populations Processing of this proposed rule is a under certain circumstances. of yacare´ without a threatened species Tier 2 action. Regulations governing permits are import permit otherwise required by 50 codified at 50 CFR 17.32. With regard to CFR part 17, if all requirements of the Available Conservation Measures threatened wildlife, a permit may be special rule are met and if proper CITES Conservation measures provided to issued for the following purposes: export permits or re-export certificates species listed as endangered or scientific, enhancement of propagation accompany the shipments. threatened under the Act include or survival, economic hardship, The proposed reclassification to recognition of the degree of zoological exhibition or educational ‘‘threatened’’ and accompanying special endangerment, requirements for Federal purposes, incidental taking, or special rule that would allow commercial trade protection, and prohibitions against purposes consistent with the Act. All into the United States without certain practices. Recognition through such permits must also be consistent endangered species import permits does listing encourages and results in with the purposes and policy of the Act not end protection for the yacare´, which conservation actions by Federal, State, as required by section 10(d). Such a will remain on Appendix II of CITES. private agencies and groups, and permit shall be governed by the Furthermore, the special rule is individuals. provisions of section 17.32 unless a proposed to complement the CITES Section 7(a) of the Act, as amended, special rule applicable to the wildlife resolution on universal tagging of and as implemented by regulations at 50 (appearing in sections 17.40 to 17.48) crocodilian skins by allowing imports CFR part 402, requires Federal agencies provides otherwise. only from those range countries to evaluate their actions that are to be Threatened species are generally properly managing this species and conducted within the United States or covered by all prohibitions applicable to controlling exports, and only from those on the high seas, with respect to any endangered species, under section 4(d) intermediary countries properly species that is proposed to be listed or of the Act. The Secretary, however, may implementing the tagging resolution. listed as endangered or threatened and propose special rules if deemed This special rule is proposed because with respect to its proposed or necessary and advisable to provide for most yacare´ would enter the United designated critical habitat, if any is the conservation of the species. The States as finished products that are being designated. No critical habitat is special rule proposed here for § 17.42 largely indistinguishable from products being proposed for designation with this would allow commercial importation from other caiman taxa; thus, measures proposed rule. into the United States of certain farm- to discourage commingling of illegal With respect to C. yacare, no Federal reared, ranch-reared, and wild-collected caiman specimens in the manufacturing activities, other than the issuance of specimens of threatened caiman species process should be implemented in the CITES export permits, are known that (which are listed in CITES Appendix II). countries of re-export and manufacture. would require conferral or consultation. Importation could be restricted from a Section 8(a) of the Act authorizes the particular country of origin or re-export Effects of the Proposed Special Rule provision of limited financial assistance if that country is not complying with the The proposed special rule will only for the development and management of CITES tagging resolution, or if that allow importation into the United States programs that the Secretary of the country has been singled out for a of caiman products from countries Interior determines to be necessary or recommended suspension of trade by effectively implementing the Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50859 crocodilian tagging resolution of CITES, effectively implementing the universal prohibiting importation of caiman skins and only from countries that have not tagging resolution. Adherence to the and products from countries that are not been singled out by the CITES Parties CITES tagging requirements should effectively implementing the CITES for inadequate implementation of the reduce the potential for substitution of tagging resolution. Therefore, the United CITES Convention. The intent of this illegal skins and reduce the trade States will not allow the import of proposed special rule is to support those control problems with the similarity of CITES Appendix II caiman if the countries properly managing caimans appearance of skins and products countries of origin or the countries of and to provide encouragement through among different species of crocodilians. manufacture or re-export are not open markets to range countries to Further, this special rule contains other effectively implementing the CITES develop and maintain sufficient steps designed to restrict or prohibit tagging resolution including, but not management so they can compete in the trade from countries that are not limited to, the use of properly marked caiman market of the United States. effectively implementing the tagging tamper-proof tags on all skins and both The degree of endangerment of the resolution and thus to ensure that the halves of chalecos and on transparent many crocodilian species varies by United States does not become a market parts containers, with the same species and specific populations. Some for illegal trade in crocodilian species information that is on the tags also caiman species are listed on Appendix and to encourage other nations to appearing on the permit, an effective I of CITES, and the remaining species control illegal trade. administrative system for matching and populations are included in In summary, the proposed special rule imports and re-exports; or have failed to Appendix II. Some species are listed as allowing trade in yacare´ specimens designate Management Authority or endangered on the U.S. List of should provide incentives to maintain Scientific Authorities; or have been Endangered and Threatened Wildlife, wild populations, as well as encourage identified by the Conference of the while other species are not included. In all countries involved in commerce in Parties to the Convention, the addition, actions have been taken by crocodilian species to guard against Convention’s Standing Committee or in several countries to protect their wild illegal trade. a Notification from the Secretariat as a populations but allow trade in The United States will not allow the country from which Parties should not specimens bred or raised in captivity commercial import of skins, products, accept permits. under appropriate management and parts of CITES Appendix I The proposed special rule is intended programs. crocodilian taxa or of crocodilians listed to complement and strengthen the Thus, trade in specimens from some as endangered under the Act, and will universal crocodilian tagging system in properly managed populations is not require appropriate CITES permits or the CITES resolution adopted at the detrimental to the wild population, and permits under the Act for non- 1994 Fort Lauderdale meeting (COP9). commercial trade is allowed under commercial imports of these species. Proper implementation of the CITES CITES with proper export permits from Allowing the commercial import of tagging system will represent a certain countries of origin and specimens from properly managed significant step towards eliminating intermediary or re-exporting countries. yacare´ populations is expected to misidentification of skins. Measures to The Service’s concern has been that benefit the conservation of wild reduce commingling within the trade in non-endangered species has in populations. Furthermore, the proposed countries of manufacture include the past provided the opportunity for special rule would complement the effective inspection of shipments to specimens of the endangered or CITES tagging requirements and would determine if the CITES country-of-origin threatened species or populations to be help ensure that only legally taken tag is intact for skin imports and exports commingled with legal trade, especially specimens are traded, and thus and implementation of an effective during the manufacturing process. benefiting the conservation of the administrative system for tracking skins Numerous U.S. law enforcement actions species. and pieces through intermediary as well as past actions by the CITES countries. Parties attest to this concern. The Description of the Proposed Special This special rule is proposed with the underlying premise behind this special Rule goal of ensuring adequate control in the rule is that the current management The intent of the proposed special manufacturing countries to deter systems in some range countries of the rule is to enhance the conservation of intermingling of the protected species of yacare´ are being sufficiently sustained the yacare´ and the other endangered and caiman, as well as the endangered or managed through ranching or captive threatened caiman species through populations of other crocodilians, breeding programs to support controlled support for properly designed and without imposing the overburdensome commercial use. The key risk to these implemented programs for yacare´ and requirement of tracking each piece populations, as well as other similar- for enforcement of tagging requirements through the production process, and appearing crocodilians, is inadequate in the countries of origin and re-export. recording all incoming tag numbers of controls in countries of re-export, Furthermore, as discussed earlier in the re-exporting permit for products. especially in those countries in which this rule, the Service is concerned It is the Service’s understanding that manufacturing occurs. about: (1) the illegal harvest and Brazil is allowing the export of yacare´ The CITES Parties have adopted and inadequate trade controls for those specimens from ranches and that the egg are implementing provisions of a caiman species, including the yacare´, on harvest program is conservative and/or universal tagging system for crocodilian Appendix II of CITES; (2) the that periodic populations indices are skins, and the Service supports these commingling and misidentification of obtained. If Brazil limits the exports of efforts, including the most recent legal and illegal skins in intermediary yacare´ to those approved facilities and clarifications of the resolution resulting trading, processing, and manufacturing does not allow export of wild-harvested from the Animals Committee meeting countries; and (3) the sustainable specimens, the United States will held in September 1996. Furthermore, at management of the yacare´ in those restrict import to those specimens from the CITES meeting of the Conference of countries allowing a legal harvest. the approved facilities and will judge the Parties in Zimbabwe in 1997, the The proposed special rule is intended any intermediary country accepting CITES Secretariat reported that to its to support proper implementation of the unauthorized skins as a country not knowledge all range countries were tagging resolution by restricting or effectively implementing the tagging 50860 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules resolution and will prohibit/restrict country, in compliance with these rules, Public Comments Solicited parts and products from that country. would be allowed with only the The Service intends that any action Commerce with the United States in required CITES documentation and resulting from this proposal be as caiman products, if the proposed special without an endangered or threatened effective as possible. Therefore, any rule is adopted as final at the conclusion species permit for individual shipments comments or suggestions from the of the regulatory process, will only be otherwise required under 50 CFR part public, other concerned governmental allowed with those exporting or re- 17. agencies, the scientific community, the exporting countries provided that the Many parts of the proposed rule are trade industry, or any other interested specimens are properly tagged and modeled after the special rule for the accompanied by proper CITES party concerning any aspect of this saltwater and Nile published proposal are hereby solicited. documents and the countries are in the Federal Register (61 FR 32356; effectively implementing the CITES Comments are particularly sought June 24, 1996), including provisions for concerning biological or commercial tagging resolution and have designated implementation of the CITES universal CITES Management and Scientific trade impacts on any caiman tagging system. The special rule for the population, or other relevant data Authorities, and the countries are not saltwater and Nile crocodiles may be subject to a Schedule III Notice of concerning any threat (or lack thereof) merged with the special rule for the to the wild populations of caimans in Information. In a limited number of yacare´ when the final special rule is situations where the original tags from Mexico and Central and South America. promulgated. Comments are also solicited on the the country of export have been lost in This proposed special rule allows processing the skins, whole skins, question of whether the listing of trade through intermediary countries. common caiman and brown caiman as flanks, and chalecos will be allowed Countries are not considered as into the United States if CITES- threatened by reason of similarity of intermediary countries or countries of appearance and the provisions of the approved re-export tags have been re-export if the specimens remain in attached in the same manner as the special rule will provide adequate Customs control while transiting or protection to the yacare´. Also, the original tags, and provided proper re- being transshipped through the country export certificates accompany the Service solicits comments as to whether and provided those specimens have not the allowance of trade in yacare´ will shipment. If a shipment contains more entered into the commerce of that than 25 percent replacement tags the re- overstimulate the trade in other Caiman country. However, the tagging species thereby having a detrimental exporting country must consult with the resolution presupposes a system for U.S. Office of Management Authority effect on caiman populations that may monitoring skins be implemented by the prior to clearance of the shipment, and not be properly managed. countries of re-export. such shipments may be seized, if the Final action on the proposed Furthermore, this special rule is Service cannot determine that the reclassification of the yacare´, the written to allow the Service to respond requirements of the tagging resolution classification of the common and brown have been observed. quickly to changing situations that caiman, and the promulgation of the In the case where tagged caiman skins result in lessened protection to special rule will take into consideration are exported to a second country, for crocodilians. Thus, the criteria the comments and any additional manufacturing purposes, and the described in the special rule establish information received by the Service. finished products are re-exported to the specific, non-discretionary bases for Such communications may lead to United States, then neither the country determining whether CITES provisions adoption of final regulations that differ of origin nor the country of re-export are being effectively implemented. from those in the proposed rule. Therefore, approval can be denied and can be subject to Schedule III Notice of National Environmental Policy Act Information based on the criteria imports into the United States can be described in the special rule if imports prohibited from any country that fails to The Service has determined that are to be allowed. The Service will comply with the requirements of the Environmental Assessments and initially presume that intermediary special rule simply by the publication of Environmental Impact Statements, as countries are effectively implementing such notice in the Federal Register. defined under the authority of the the tagging resolution, but the special Denial for subjective and discretionary National Environmental Policy Act of rule has provisions to impose bans if reasons may require proper notice and 1969, need not be prepared in convincing evidence to the contrary is comment before implementing action connection with regulations adopted presented. can be taken. pursuant to section 4(a) of the Act of The U.S. Management Authority will In a separate rule-making proposal, 1973, as amended. A notice outlining provide on request the list of those amending 50 CFR part 23, the Service the Service’s reasons for this countries subject to a Schedule III will propose implementation of the determination was published in the Notice of Information to those CITES tagging system for all Federal Register on October 25, 1983 manufacturers in the country of re- crocodilians. The rule proposed here (48 FR 49244). export and to importers so that they may will adopt the CITES-approved tags as be advised of restrictions on yacare´ the required tag for all caiman skins, Regulatory Determinations skins, products, and parts that can be including chalecos and flanks, being The Service invites comments on the utilized in products intended for U.S. imported into or exported from any re- anticipated direct and indirect costs and commerce. The Management Authority exporting country if the skin is benefits or cost savings associated with of the country of manufacture should eventually imported into the United this proposed special rule, for yacar´ ensure that re-export certificates States. For the reasons noted above, the caiman. In particular, we are interested provided for manufactured goods, Service finds that the proposed special in obtaining information on any intended for the United States, are not rule for caiman species, including the significant economic impact of the for products and re-exports derived yacare´, includes all of the protection proposed rule on small public and from countries subject to a Schedule III that is necessary and advisable to private entities. Once we have reviewed Notice of Information. Commerce in provide for the conservation of such the available information, we will finished products from a re-export species. determine whether we need to prepare Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50861 an initial regulatory flexibility analysis Brazaitis, P., G. Amato, G. Rebelo, C. Scott, N. J., A. L. Aquino, and L. A. for the special rule. We will make any Yamashita, and J. Gatesy. 1993. Report to Fitzgerald. 1988. Distribution, habitats, such analysis or determination available CITES on the biochemical systematics and conservation of the caiman study of Yacare´ caiman, Caiman yacare, () of Paraguay. Unpublished for public review. Then, we will revise, of central South America. Unpublished report to the CITES Secretariat, as appropriate, and incorporate the report. 43 pp. Lausanne, Switzerland. 30 pp. information in the final rule preamble Brazaitis, P., R. Madden, G. Amato, and M. Scott, N. J., A. L. Aquino, and L. A. and in the record of compliance (ROC) Watanabe. 1997b. Morphological Fitzgerald. 1990. Distribution, habitats certifying that the special rule complies characteristics, statistics, and DNA and conservation of the caimans with the various applicable statutory, evidence used to identify closely related (Alligatoridae) of Paraguay. Vida Executive Order, and Departmental crocodilian species for wildlife law Silvestre Neotropical, 43–51. enforcement. Presented at annual Manual requirements. Under the criteria meeting of the American Academy of Authors in Executive Order 12866, neither the Forensic Sciences. New York City, NY. proposed downlisting from endangered Abstract. The primary author of this proposed to threatend nor the special rule are Busack, S. D., and S. S. Pandya. 1996. rule is the Office of Scientific Authority, significant regulatory actions subject to Presented at 76th annual meeting of the U.S. Fish and Wildlife Service, review by the Office of Management and American Society of Ichthyologists and Washington, D.C. 20240 (703–358–1708 Herpetologists. New Orleans, LA. or FTS 921–1708). Budget. Abstract. List of Subjects in 50 CFR Part 17 References Cited Fitch, H., and M. Nadeau. 1979. An assessment of Caiman latirostris and Amato, G. D. 1992. Expert Report. Yale Caiman crocodilus yacare in northern Endangered and threatened species, University, New Haven, CT. 6 pp. Argentina. Unpublished progress report Exports, Imports, Reporting and Unpublished report. to World Wildlife Fund-U.S., U.S. Fish Recordkeeping requirements, Brazaitis, P. 1989a. The caiman of the and Wildlife Service, and New York Transportation. Pantanal: Past, present, and future, pp. Zoological Society. 7 pp. 119–124, in Crocodiles. Proceedings of Groombridge, B. 1982. The IUCN Amphibia- Proposed Regulations Promulgation the 8th Working Meeting of the Reptilia red data book. Part I: Testudines, Crocodile Specialist Group. IUCN, Crocodylia, Rhynchocephalia. IUCN, Accordingly, the Service hereby Gland, Switzerland. 204 pp. Gland, Switzerland. 426 pp. proposes to amend part 17, subchapter Brazaitis, P. 1989b. The forensic King, F. W., and Burke, R. L. 1989. B of chapter I, title 50 of the Code of identification of crocodilian hides and Crocodilian, tuatara, and turtle species of Federal Regulations, as set forth below: products, pp. 17–43, in Crocodiles: Their the world: A taxonomic and geographic ecology, management and conservation. reference. Association of Systematic PART 17Ð [AMENDED] IUCN, Gland, Switzerland. Collections, Washington, D.C. Brazaitis, P., R. Madden, G. Amato, G. King, F. W., and D. H. Vı´dez-Roca. 1989. The 1. The authority citation for Part 17 Rabelo, C. Yamashita, and M. Watanabe. caimans of Bolivia: A preliminary report continues to read as follows: 1997a. The South American and Central on a CITES and Centro Desarrollo Authority: 16 U.S.C. 1361–1407; 16 U.S.C. American caiman (Caiman) complex. Forestal sponsored survey of species 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Unpublished report. 62 pp. distribution and status, pp. 128–155, in 625, 100 Stat. 3500; unless otherwise noted. Brazaitis, P., C. Yamashita, and G. Rebelo. Crocodiles. Proceedings of the 8th 1988. CITES central South American Working Meeting of the Crocodile Specialist Group. IUCN, Gland, 2. Amend § 17.11(h) by revising the caiman study: Phase I-central and current entry for the yacare´ caiman and southern Brazil. 62 pp. Switzerland. 204 pp. King, F. W., A. L. Aquino, N. J. Scott, Jr., and by adding entries for the brown and the Brazaitis, P., C. Yamashita, and G. Rebelo. R. Palacios. 1994. Status of the 1990. A summary report of the CITES common caimans under ‘‘’’ on crocodiles of Paraguay: Results of the central South American caiman study: the List of Endangered and Threatened 1993 monitoring surveys. Report from Phase I: Brazil, pp. 100–115, in Wildlife to read as follows: Biodiversity Services, Inc., to Paraguay’s Crocodiles. Proceedings of the 9th Ministerio de Agricultura y Ganaderia Working Meeting of the Crocodile § 17.11 Endangered and threatened and the Secretariat of the Convention on Specialist Group. Vol. I. IUCN, Gland, wildlife. International Trade in Endangered Switzerland. 300 pp. Species of Wild Fauna and Flora * * * * * (CITES). 39 pp. (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

REPTILES

******* Caiman, brown ...... Caiman crocodilus Mexico, Central Entire ...... T(S/A) ll NA 17.42(g) fuscus (includes America, Colom- Caiman crocodilus bia, Ecuador, chiapasius). Venezuela, Peru.

******* Caiman, common .... Caiman crocodilus Brazil, Colombia, Entire ...... T(S/A) ll NA 17.42(g) crocodilus. Ecuador French Guiana, Guyana, Surinam, Ven- ezuela, Bolivia, Peru. 50862 Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* Caiman, yacare ...... Caiman yacare ...... Argentina, Bolivia, Entire ...... T 3,ll N/A 17.42(g) Brazil, Paraguay.

*******

3. Section 17.42 is amended by or re-export any caiman or their skins, export where the original tags have been adding a new paragraph (g) as follows: other parts or products, without valid lost or removed from raw, tanned, and/ permits required under 50 CFR parts 17 or finished skins. The replacement tags § 17.42 Special rulesÐreptiles. and 23. must meet all the requirements of the * * * * * (ii) Commercial activity. Except as CITES tagging resolution, except (g) Threatened Caiman. This provided in paragraph (g)(3) of this showing the country of re-export in paragraph applies to the following section, it is unlawful, in the course of place of the country of origin, provided species: Yacare´ caiman (Caiman a commercial activity, to sell or offer for those re-exporting countries have yacare), the common caiman (Caiman sale, deliver, receive, carry, transport, or implemented an administrative system crocodilus crocodilus), and the brown ship in interstate or foreign commerce for the effective matching of imports caiman (Caiman crocodilus fuscus any caiman, caiman skins or other parts and re-exports consistent with the including Caiman crocodilus or products. tagging resolution. If a shipment chiapasius). These taxa will be (iii) It is unlawful for any person contains more than 25 percent collectively referred to as ‘‘caiman.’’ subject to the jurisdiction of the United replacement tags, the re-exporting (1) Definitions of terms for purposes States to commit, attempt to commit, country must consult with the U.S. of this paragraph (g). solicit to commit, or cause to be Office of Management Authority prior to (i) Caiman skin means whole or committed any acts described in clearance of the shipment, and such partial skins, flanks, bellies or chalecos paragraphs (g)(2)(i)–(ii) of this section. shipments may be seized if the Service (whether salted, crusted, tanned or (3) General exceptions. The import, determines that the requirements of the partially tanned or otherwise export, or re-export of, or interstate or tagging resolution have not been processed). foreign commerce in caiman skins, observed; (ii) Caiman product means fully meat, skulls and other parts or products (C) The same information that is on manufactured products (including may be allowed without a threatened the tags must be given on the export curios), which are ready for retail sale species permit issued pursuant to 50 permit for all skins or re-export without further processing or CFR 17.32 when the provisions in 50 certificate for whole skins including manufacture and which are composed, CFR parts 13, 14, and 23, and the chalecos, which will be considered an totally or in part, of yacare´ caiman, requirements of the applicable integral part of the document, carry the brown caiman or common caiman. paragraphs set out below have been met. same permit or certificate number, and (iii) Caiman parts means body parts (i) Import, export, or re-export of be validated by the government with or without skin attached (including caiman skins and parts. The import, authority designated by the CITES tails, throats, feet, and other parts, export, or re-export into/from the document-issuing authority; except skulls) and small cut skins United States of caiman skins and parts (D) The Convention permit or pieces. must meet the following conditions: certificate must contain the following (iv) Country of re-export means those (A) All caiman parts must be in a information: intermediary countries that import and transparent, sealed container, and each (1) The country of origin, its export re-export caiman skins, parts and/or container imported into or presented for permit number, and date of issuance; products, except that those countries export or re-export from the United (2) If re-export, the country of re- through which caiman skins, parts and/ States: export, its certificate number, and date or products are transshipped while (1) Must have a parts tag attached in of issuance; and remaining under Customs control will such a way that opening of the container (3) If applicable, the country of last re- not be considered to be a country of re- will preclude reuse of an undamaged export, its certificate number, and date export. tag; of issuance; (v) Tagging resolution means the (2) This parts tag must contain a (E) The country of origin and any CITES resolution entitled ‘‘Universal description of the contents and total intermediary country(s) must be Tagging System for the Identification of weight of the container and its contents; effectively implementing the tagging Crocodilian Skins’’ and numbered Conf. and resolution for this exception to apply. If 9.22 and any subsequent revisions. (3) This parts tag must reference the the Service receives persuasive (2) Prohibitions. The following number of the CITES permit issued to information from the CITES Secretariat prohibitions shall apply to yacare´ allow the export or re-export of the or other reliable sources that the tagging caiman (Caiman yacare), the common container. resolution is not being effectively caiman (Caiman crocodilus crocodilus) (B) Each caiman skin imported into or implemented by a specific country, the and the brown caiman (Caiman presented for export or re-export from Service will prohibit or restrict imports crocodilus fuscus including Caiman the United States after the effective date from such country(s) as appropriate for crocodilus chiapasius): of the final rule must bear: either an the conservation of the species. (i) Import, export, and re-export. intact, uncut tag from the country of (F) At the time of import, for each Except as provided in paragraph (g)(3) origin meeting all the requirements of shipment covered by this exception, the of this section it is unlawful to import, the CITES tagging resolution, or an country of origin and each country of re- export, re-export, or present for export intact, uncut tag from the country of re- export involved in the trade of a Federal Register / Vol. 63, No. 184 / Wednesday, September 23, 1998 / Proposed Rules 50863 particular shipment must not be subject from such countries as appropriate for requires export permits as per 50 CFR to a Schedule III Notice of Information the conservation of the species. 23.13(d). pertaining to all wildlife or any (C) At the time of import, for each (4) Notice of Information. Except in members of the Order Crocodylia that shipment covered by this exception, the rare cases involving extenuating may prohibit or restrict imports. A country of origin and each country of re- circumstances that do not adversely listing of all countries that are subject to export involved in the trade of a affect the conservation of the species, such a Schedule III Notice of particular shipment must not be subject the Service will issue a Schedule III Information will be available by writing: to a Schedule III Notice of Information Notice of Information banning or The Office of Management Authority, pertaining to all wildlife or any member restricting trade in specimens of caiman U.S. Fish and Wildlife Service, ARLSQ of the Order Crocodylia that may addressed in this paragraph (g) if any of Room 700, 4401 N. Fairfax Drive, prohibit or restrict imports. A listing of the following criteria are met: Arlington, Virginia 22203. all countries that are subject to such a (i) The country is listed in a (ii) Import, export, or re-export of Schedule III Notice of Information will Notification to the Parties by the CITES caiman products. Import, export, or re- be available by writing: The Office of Secretariat as lacking designated export into or from the United States of Management Authority, ARLSQ Room Management and Scientific Authorities caiman products will be allowed 700, 4401 N. Fairfax Drive, U.S. Fish that issue CITES documents or their without permits required by 50 CFR 17 and Wildlife Service, Arlington, equivalent. provided the following conditions are Virginia, 22203. (ii) The country is identified in any met: action adopted by the Conference of the (A) The Convention permit or (iii) Shipment of eggs, skulls, processed meat, and scientific Parties to the Convention, the certificate must contain the following Convention’s Standing Committee, or in information: specimens. The import/re-export into/ from the United States of eggs, skulls, a Notification issued by the CITES (1) The country of origin, its export Secretariat, whereby Parties are asked to permit number, and date of issuance; processed meat, and scientific specimens of yacare´ caiman, common not accept shipments of specimens of (2) If re-export, the country of re- any CITES-listed species from the export, its certificate number, and date caiman, and brown caiman will be allowed without permits otherwise country in question or of any of issuance; and crocodilian species listed in the CITES (3) If applicable, the country of required by 50 CFR 17, provided the requirements of 50 CFR part 23 are met. appendices. previous re-export, its certificate (iii) The Service determines, based on number, and date of issuance. (iv) Noncommercial accompanying information from the CITES Secretariat (B) The country of origin and any baggage. The conditions of paragraphs or other reliable sources, that the intermediary country(s) must be (g)(3)(i) and (ii) for skins tagged in country is not effectively implementing effectively implementing the tagging accordance with the tagging resolution, the tagging resolution. resolution for this exception to apply. If skulls, meat, other parts, and products the Service receives persuasive made of specimens of yacare´ caiman, Dated: August 14, 1998. information from the CITES Secretariat common caiman and brown caiman do Donald J. Barry, or other reliable sources that the tagging not apply to noncommercial Assistant Secretary for Fish and Wildlife resolution is not being effectively accompanying personal baggage or Parks. implemented by a specific country, the household effects unless the country [FR Doc. 98–25266 Filed 9–22–98; 8:45 am] Service will prohibit or restrict imports from which the specimens were taken BILLING CODE 4310±55±P