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Federal Register/Vol. 68, No. 193/Monday, October 6, 2003

57646 Federal Register / Vol. 68, No. 193 / Monday, October 6, 2003 / Proposed Rules

Public Comments Solicited Author Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, VA We solicit comments on the draft The primary author of this document is Rob Tawes (see ADDRESSES section). 22203 USA; or by fax, 703–358–2276; or economic analysis referred to in this by e-mail, [email protected]. document, as well as on any other Authority Comments and supporting information aspect of the proposed critical habitat The authority for this action is the will be available for public inspection, designation for the five Tennessee and Endangered Species Act of 1973, as by appointment, from 8 a.m. to 4 p.m. Cumberland River Basin mussels. In amended (16 U.S.C. 1531 et seq.). at the above address. to accommodate the public To request copies of the regulations Dated: September 29, 2003. hearing and public review of the draft regarding listed wildlife or inquire economic analysis, we are now closing Julie MacDonald, about prohibitions or permits, write to: the comment period for both the Acting Assistant Secretary for Fish and Division of Management Authority, proposed rule and the draft economic Wildlife and Parks. 4401 North Fairfax Drive, Room 700, analysis on December 5, 2003. All [FR Doc. 03–25184 Filed 10–3–03; 8:45 am] Arlington, VA 22203 USA. previous comments and information BILLING CODE 4310–55–P Alternatively, you may contact us by submitted during the comment period telephone, 703–358–2104 or toll free at need not be resubmitted. Refer to the 1–800–358–2104; or by fax, 703–358– DEPARTMENT OF THE INTERIOR ADDRESSES section for information on 2276; or by e-mail, how to submit written comments and Fish and Wildlife Service [email protected]. information. Our final determination on FOR FURTHER INFORMATION CONTACT: the proposed critical habitat will take 50 CFR Part 17 Eleanora Babij at the above address; or into consideration comments and any RIN 1018–AF49 by telephone, 703–358–1708; or by fax, additional information received. 703–358–2276; or by e-mail, Please submit electronic comments in Endangered and Threatened Wildlife [email protected]. an ASCII file format and avoid the use and Plants; 12-Month Petition Finding SUPPLEMENTARY INFORMATION: of special characters and encryption. and Proposed Rule To List the Tibetan Please also include ‘‘Attn: RIN 1018– Antelope as Endangered Throughout Background AI76’’ and your and return Its Range Section 4(b)(3)(A) of the Endangered address in your e-mail message. If you Species Act of 1973 (Act), as amended do not receive a confirmation from the AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.), requires the system that we have received your e- Interior. U.S. Fish and Wildlife Service (Service) mail message, please contact us directly ACTION: Proposed rule; notice of finding. to make a finding on whether a petition by calling our Tennessee Field Office SUMMARY: We, the U.S. Fish and to list, delist, or reclassify a species has (see ADDRESSES section). Wildlife Service (Service), announce the presented substantial information Our practice is to make all comments, 12-month finding that a petition to list indicating that the requested action may including and home addresses of the Tibetan antelope (Pantholops be warranted. To the maximum extent respondents, available for public review hodgsonii) as endangered throughout its practicable, the finding shall be made during regular business hours. range pursuant to the Endangered within 90 days following receipt of the Individual respondents may request that Species Act of 1973, as amended (Act, petition (this finding is referred to as the we withhold their home addresses from or ESA), is warranted. The best available ‘‘90-day finding’’) and published the rulemaking record, which we will information indicates that the total promptly in the Federal Register. If the honor to the extent allowable by law. In population of Tibetan antelope has 90-day finding is positive (i.e., the some circumstances, we would declined drastically over the past three petition has presented substantial withhold from the rulemaking record a decades. This decline has resulted information indicating that the respondent’s identity, as allowable by primarily from overutilization for requested action may be warranted), law. If you wish for us to withhold your commercial purposes and the Section 4(b)(3)(A) of the Act requires the name and/or address, you must state inadequacy of existing regulatory Service to commence a status review of this prominently at the beginning of mechanisms. Habitat impacts, especially the species if one has not already been your comments. However, we will not those caused by domestic livestock initiated under the Service’s internal consider anonymous comments. We grazing, appear to be a contributory candidate assessment process. In will make all submissions from factor in the decline, and could have addition, Section 4(b)(3)(B) of the Act organizations or businesses, and from potentially greater impacts in the near also requires the Service to make a individuals identifying themselves as future. Accordingly, we herein propose finding within 12 months following representatives or officials of to list the Tibetan antelope as receipt of the petition on whether the organizations or businesses, available endangered, pursuant to the Act. This requested action is warranted, not for public inspection in their entirety. proposed rule, if made final, would warranted, or warranted but precluded by higher priority listing actions (this We particularly seek comments extend the Act’s protection to this finding is referred to as the ‘‘12-month concerning: species. The Service seeks data and finding’’). The 12-month finding is also (1) Are there other types of activities, comments from the public on this proposal. to be published promptly in the Federal such as habitat conservation plans, Register. related to this proposed designation of DATES: Comments and information may critical habitat whose costs are not be submitted until January 5, 2004. Natural History reflected in the draft economic analysis? Public hearing requests must be The Tibetan antelope (Pantholops If so, please provide as much received by November 20, 2003. hodgsonii sensu Wilson and Reeder information as possible to enable us to ADDRESSES: Submit comments, 1993) is a medium-sized bovid endemic identify those activities and address information, and questions to the Chief, to the Tibetan Plateau in China ( those costs. Division of Scientific Authority, U.S. Autonomous Region, Xinjiang/Uygur

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Autonomous Region, and Qinghai by 140 individuals. All comments fully northern one of about 490,000 square Province) and small portions of India supported an endangered listing for the kilometers (km2) and a central one of (Ladakh) and western Nepal (although Tibetan antelope, although only five about 115,000 km2. Distribution there is no evidence that they still occur comments provided any new between the two areas was continuous in Nepal). The Tibetan antelope is also information on the status of or threats to until recent decades, and there may still known by its Tibetan name ‘‘chiru.’’ the species. Particularly important be rare contact near the western end. These two common names will be used among these was the letter from Mr. However, current chiru populations in interchangeably in this document. Zhen Rende, Director General of the the central Chang Tang of the Tibet Adult males are characterized by long, CITES Management Authority of China, Autonomous Region are highly slender, antelope-like black horns. in which he expressed strong support fragmented and occur in small, scattered Although the Tibetan antelope has been for an endangered listing for the Tibetan herds. The range has also contracted in placed in the subfamily Antilopinae, antelope under the ESA. eastern Qinghai Province (Schaller recent morphological and molecular In our 90-day finding, we stated that 1998). research indicates that it is most closely we had used all relevant literature and Changes in Chinese government allied to the goats and other members of information available at that time (April policy have led to increasing human the subfamily Caprinae (Gentry 1992, 2000) on current status of and threats to development and activity on the Tibetan Gatesy et al. 1992, both cited in the Tibetan antelope. Since then, a Plateau, including transportation Ginsberg et al.1999). The species is limited amount of relevant new development (roads and railways), uniquely adapted to the high elevation information has become available as a resource extraction activities (minerals, and cold, dry climate of the Tibetan result of the status review and public oil, and gas), permanent settlement of Plateau (Schaller 1998). The sexes comment period. That information has traditionally nomadic or semi-nomadic segregate almost completely during the been incorporated, as appropriate, in pastoralists, and rangeland use for spring and early summer (May and this 12-month finding. domestic livestock grazing (Ginsberg et June), when adult females and their Summary of Factors Affecting the al. 1999). These activities have already female young migrate north to certain Species adversely modified or destroyed Tibetan calving grounds and return south by late antelope habitat in some areas and July or early August, covering distances Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations threaten to modify or destroy habitat as far as 300 kilometers (km) each way over a large area in the near future. (Schaller 1998). Seasonal migrations promulgated to implement the listing constitute a critical aspect of the chiru’s provisions of the Act (50 CFR part 424) Nomadic and semi-nomadic ecology and help define the ecosystem set forth the procedures for adding pastoralists have grazed a mix of as a whole. species to the Federal lists. A species domestic livestock (primarily sheep, may be determined to be an endangered goats, yaks, and some horses) on the Previous Federal Action or threatened species on the basis of one Tibetan Plateau for millennia in relative On October 6, 1999, the Service or more of the five factors described in harmony with the environment (Miller received a petition from the Wildlife section 4(a)(1). These factors and their 2000, 2002). These livestock can Conservation Society (Joshua R. application to the Tibetan antelope are directly and indirectly compete with Ginsberg, Ph.D., Director, Asia Program, as follows: Tibetan antelope for available vegetation and George B. Schaller, Ph.D., Director resources, both within and outside of Science) and the Tibetan Plateau A. Present or Threatened Destruction, established protected areas (Schaller Project of Earth Island Institute (Mr. Modification, or Curtailment of its 1998, Ginsberg et al. 1999). In recent Justin Lowe, Director) requesting that Habitat or Range decades, as a result of government the Tibetan antelope (Pantholops Tibetan antelope are endemic to the policy changes, excessive livestock hodgsonii) be listed as endangered high Tibetan Plateau. Most of their grazing has degraded or destroyed chiru throughout its entire range. The petition range lies above 4,000 meters (m) in habitat in some areas, and could was actually dated October 7, 1999, but elevation, but they occur at elevations as eventually lead to the destruction of was received via e-mail the previous low as 3,250 m in parts of Xinjiang some portion of the species’ range day. (Schaller 1998). They prefer flat to through physical displacement and/or On April 14, 2000, the Service made rolling topography and alpine steppe or overgrazing, which may contribute to a positive 90-day finding on the Wildlife similar semiarid plant associations desertification (Ginsberg et al. 1999, Conservation Society/Tibetan Plateau (Schaller 1998). They occasionally occur Miller 2001). Recent changes in Chinese Project petition (i.e., the Service found in alpine desert steppe habitats, at least Government policy have resulted in an that the petition presented substantial on a seasonal basis, but are not known attempt to permanently settle many information indicating that the to have occurred in Qinghai’s Qaidam Tibetan pastoralists, with a resultant requested action may be warranted). Basin (Schaller 1998). They do not proliferation of rangeland fencing on That finding was published in the occur in alpine meadow areas receiving portions of the Plateau (Miller 2000, Los Federal Register on April 25, 2000 (65 greater than 400 millimeters (mm) Angeles Times 2002). Livestock FR 24171), thereby initiating a public annual precipitation (Schaller 1998). frequently graze year-round in antelope comment period and status review for Although the current east-west habitat, and increasingly, nomads are the species. The public comment period distribution of chiru appears much as it fencing for winter-spring grazing and remained open until June 26, 2000. We was described a century ago by Bower fodder production, thereby excluding received 272 comments during the (1894, cited in Schaller 1998), that chiru from the fenced grassland public comment period, including 1 distribution is now fragmented where resources. Tibetan antelope need open from a range country government previously it was continuous. Schaller range to survive (Miller and Schaller (People’s Republic of China), 4 from (1998) determined that chiru no longer 1997). Enclosure and conversion of non-governmental conservation occur, or occur in low numbers, in grasslands disrupt antelope habitat, organizations, 41 (letters) from several areas where early explorers posing a particular threat in the spring, individuals, 86 (postcards) from noted them to be abundant. The current when weakened chiru are attempting to individuals, and 1 letter-petition signed range is divided into two areas: A rebuild their energy reserves, and in the

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fall, as antelope are preparing for the (Global poaching and other threats to the harsh winter. Policy Forum 2001). The deposit could species (SFA 1998). Formerly nomadic The Tibetan Plateau has extensive potentially produce hundreds of pastoralists are establishing settlements gold deposits. Gold mining can have millions of tons of oil. within the Chang Tang Reserve, and significant impacts on chiru habitat and Construction of the Qinghai-Tibet immigrants from other parts of the lead to increased poaching. Mining Railway, currently in progress, threatens Plateau are moving into protected areas. degrades or destroys chiru habitat to destroy important Tibetan antelope Increased human presence, whether through environmental contamination habitat, and, perhaps more importantly, temporary nomadic aggregations or and disturbance, and through pollution significantly disrupt chiru migration permanent human settlements, can of surface waters [U.S. Embassy, China corridors in southwestern Qinghai adversely affect Tibetan antelope habitat (USEC) 1996]. Illegal mining activity Province. One news service report and be a detrimental disturbance factor. also opens another avenue for profiting mentioned that construction on the from poaching (USEC 1996). Bleisch railway, the first to link the Tibet B. Overutilization for Commercial, (1999) noted that illegal gold mining Autonomous Region with the rest of Recreational, Scientific, or Educational camps in the Arjin Shan Reserve in China, was temporarily suspended in Purposes Xinjiang have served as bases for June 2002 because up to 1,000 migrating There are no accurate estimates of poachers and have provided them with chiru were unable to cross the Tibetan antelope numbers from the past, essential logistical support and access. construction area (People’s Daily 2002, although the few early western Without this support, poachers would Xinhuanet 2002a). All activity was explorers who ventured onto the have a difficult time operating in these stopped and construction workers Tibetan Plateau noted the presence of remote regions. As a result, ‘‘poaching removed from the area until these large herds in many areas (Schaller has already had a profound impact on animals had passed the construction 1998). For example, Rawling (1905, the chiru population of the reserve. site. Although the news service report cited in Schaller 1998) noted: ‘‘Almost Several areas where calving females mentioned that ‘‘a passage specially for from my feet away to the north and east, formerly congregated are now empty of animals will be set aside when the as far as the eye could reach, were chiru during the calving season’’ railway is built, so as to ensure the free thousands upon thousands of doe (Bleisch 1999). In 2002, Rick Ridgeway migration for wildlife in the locality,’’ it antelope with their young***. and Galen Rowell spent 2 weeks on foot is not certain how successful such a Everyone in camp turned out to see this locating an unknown calving ground in passage would be in ensuring freedom beautiful sight, and tried, with varying the western Chang Tang only to of movement for thousands of migrating results, to estimate the number of discover that its location was less than chiru. animals in view. This was found very Three contiguous protected areas have 2 days’ overland drive from a new gold difficult*** as we could see in the been established to protect Tibetan mine that had sprung up in the previous extreme distance a continuous stream of antelope populations and habitat in few months (Ridgeway 2003). They fresh herds steadily approaching; there western China: Chang Tang Nature wrote: could not have been less than 15,000 or Reserve (approximately 334,000 km2 in That same dirt road [a 60-mile dirt road 20,000 visible at one time.’’ Bonvalot the Tibet Autonomous Region), Kekexili built by miners in the previous 3 months] (1892), Wellby (1898), Deasy (1901), and gives us an easy way home, as we cart toward (aka Kokoxili or Hoh Xil) National Reserve (approximately 45,000 km2 in Hedin (1903, 1922) made similar our waiting vehicle. But it could also give observations (all references cited in poachers easy access to the calving grounds. Qinghai Province), and Arjin Shan From the mine we estimate a four-wheel- Reserve (45,000 km2 in Xinjiang Schaller 1998). Schaller (1999) has drive vehicle could make it cross-country in Province). A fourth protected area, suggested that upwards of 1 million 2 days.... With the chiru’s calving grounds Xianza Reserve (40,000 km2 in the Tibet Tibetan antelope roamed the Tibetan suddenly vulnerable, we feel a new urgency Autonomous Region), also includes Plateau as recently as 40 to 50 years ago. to report our findings. some chiru habitat. These reserves are Historical population estimates of Governments may periodically enforce only partially effective in protecting the 500,000 to 1,000,000 appear to be mining bans in sensitive areas, and have chiru and its habitat due to a reasonable based on the limited done so in Tibet, but in general it is combination of inadequate management, information available. difficult to control illegal miners over limited enforcement capacity, an influx Although data on the current extensive areas of remote lands with of settlers, and domestic livestock population dynamics of chiru are poor road access. Tibet has reserves of grazing [International Fund for Animal fragmentary and preliminary (Schaller many other valuable minerals, among Welfare/Wildlife Trust of India (IFAW/ 1998), it is clear that the total them uranium, copper, and cesium, and WTI) 2001]. Miller (1997) has noted population has declined drastically in mining of these minerals may also that, while many of the protected areas the past 30 years and is continuing to impact chiru habitat and lead to in the Tibetan Plateau region encompass decline at an alarming rate. Schaller poaching. high-elevation rangelands, protected (1998) estimated that the total Oil exploration and some production areas at lower grassland elevations are population in the mid-1990s may have have commenced within the chiru’s scarce. It has been difficult for reserve been as low as 65,000–75,000 range, and pose threats of destroying staffs to keep poachers and illegal gold individuals. More recent estimates from habitat; polluting the environment with miners out, a fact that prompted the China quote a population figure of toxic production chemicals, effluents, Qinghai Provincial Government in late 70,000, although the scientific basis for and emissions; increasing disturbance 1999 to close the Kekexili Reserve to all the estimate is not given (Xinhuanet levels; and increasing the incidence of activities that were not expressly 2002b). If one assumes that the poaching by drawing additional settlers authorized in advance by the State historical population of chiru was into the region (Ginsberg et al. 1999). In Forestry Administration (SFA) (China 500,000 individuals (an apparently 2001, Chinese researchers announced Daily 1999). conservative estimate), then the most the discovery of a potentially huge oil The Chang Tang Reserve staff lacks recent estimate of 70,000 represents a and gas deposit, extending over 100 km the funding, experience, personnel, and population decline of greater than 85 in length, in the Qiangtang Basin of the equipment to adequately prevent chiru percent.

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The principal cause of the Tibetan release wool collection are known, nor into scarves and shawls (IFAW/WTI antelope population decline has been is naturally shed fiber collected from 2001). The scarves are sold throughout poaching on a massive scale for the shrubs and grass tufts, as is often India and smuggled abroad in violation species’ fur (wool), known in trade as claimed (primarily by people within the of Indian law, CITES, and domestic shahtoosh (‘‘king of wool’’), which is shahtoosh industry). Poachers shear the legislation in many of the importing one of the finest animal fibers known hides, and collect and clean the under- countries (Wright and Kumar 1997). (Ginsberg et al. 1999). Shahtoosh is fur of the antelope, or sell the hides to Shahtoosh products have been made in processed into high-fashion scarves and dealers who prepare the shahtoosh Jammu and Kashmir for centuries, but shawls in the Indian State of Jammu and (Wright and Kumar 1997). the current high levels of poaching are Kashmir; these items are greatly valued Schaller speculated that, during the a result of consumer demand in the by certain people of wealth and fashion 1980s and 1990s, tens of thousands of West, including the United States. around the world. The international chiru were killed for their wool Chiru are also killed for their horns demand for chiru fiber and shahtoosh (Ginsberg et al. 1999). One chiru carcass (used in traditional medicinal products is the most serious threat to yields about 125–150 grams (gm) of practices), hides, and meat (Ginsberg et the continued existence of the Tibetan fiber. In the winter of 1992, an estimated al. 1999), although these uses are antelope. Although overall mortality 2,000 kilograms (kg) of wool reached secondary to the use of fiber. India, and consignments of 600 kg were rates are not known, poaching mortality C. Disease or Predation was estimated to be as high as 20,000 seized (and released) in India during individuals per year (SFA 1998). 1993 and 1994 (Bagla 1995, cited in Schaller (1998) documented Tibetan Poaching appears to have declined in Ginsberg et al. 1999). This amount alone antelope mortality caused by disease some areas in recent years (Xinhuanet represents 17,000 chiru. In October and predators such as the wolf (Canis lupus), snow leopard (Uncia uncia), 2002a), most likely because there are not 1998, 14 poachers in the Tibet lynx (Lynx lynx), brown bear (Ursus enough animals to warrant an organized Autonomous Region were convicted of arctos), and domestic dog (Canis poaching effort. But Chinese officials collectively killing 500 chiru and familiaris). He suggested that wolf acknowledge that ‘‘poaching is still far purchasing 212 hides, and were predation may at one time have been a from being eradicated in China.’’ sentenced to 3 to 13 years imprisonment substantial mortality factor for chiru, (Xinhuanet 2002c). Annual recruitment (Xinhua 1998, cited in Ginsberg et al. particularly on the calving grounds. At of young has been estimated at around 1999). The largest enforcement action to the present time, neither disease nor 12 percent (Schaller 1998). If one date within China, involving several predation is considered to threaten or assumes that the total population of jurisdictions and dubbed the ‘‘Hoh Xil endanger the species in any portion of chiru is 70,000 individuals and that the Number One Action’’ by Chinese its range. However, one or both of these population is currently declining at a authorities, resulted in the arrest of 66 factors may become more significant as rate of 1,000–3,500 individuals per year poachers and the confiscation of 1,658 populations decline and become (admittedly a rough estimate, given chiru hides in April and May 1999 (Liu increasingly fragmented because of available data), then the species could 1999, cited in Ginsberg et al. 1999). The other mortality factors. go extinct within the next 20 to 70 IFAW/WTI (2001) report lists 77 known years. The species’ role as the dominant seizures of chiru hides, raw shahtoosh, D. Inadequacy of Existing Regulatory native grazing herbivore of the Tibetan and finished shahtoosh scarves. Recent Mechanisms documented seizures have been of 39 kg Plateau ecosystem has already been of raw fiber in March 2001 along the The Tibetan antelope was listed in significantly diminished, and its Tibet-Nepal border (IFAW/WTI 2001) Appendix II of CITES in 1975; it was influence on ecosystem structure and and 80 shahtoosh shawls in New Delhi transferred to Appendix I in 1979. All function would likely be substantially in March 2002 [Wildlife Protection three countries that comprise the reduced or eliminated well before the Society of India (WPSI) News 2002]. species’ natural geographic range— species actually goes extinct. Most recently, a consignment of 211 kg China, Nepal, and India—are CITES Although the shahtoosh trade has of raw shahtoosh was seized by wildlife Parties. The only reservation ever held existed for centuries, killing of Tibetan officials in Delhi in early April 2003 (A. on the species was taken by Switzerland antelope on a widespread, commercial Kumar, WTI, pers. comm. with K. in 1979 and withdrawn in October 1998. basis probably began only in the 1970s Johnson, Division of Scientific The Tibetan antelope is protected at a or 1980s, resulting from an increase in Authority, April 6, 2003). This quantity national level by China, Nepal, and international consumer demand and of raw wool represents the killing of India. increased availability of vehicles on the almost 1,800 chiru. In China, the chiru is a Class 1 Tibetan Plateau. Schaller and Gu (1994) Shahtoosh is smuggled out of China protected species under the Law of the noted that, with the increasing by truck or animal caravan, through People’s Republic of China on the availability of vehicles beginning three Nepal or India, and into the State of Protection of Wildlife (1989), which decades ago, ‘‘truck drivers, officials, Jammu and Kashmir in India. This is in prohibits all killing except by special military personnel and other outsiders violation of the Convention on permit from the central government. also began to shoot wildlife * * *.’’ International Trade in Endangered Although China has expended Most chiru poaching takes place in the Species of Wild Fauna and Flora considerable effort and resources in an Arjin Shan, Chang Tang, and Kekexili (CITES) as well as domestic laws of the attempt to control poaching, it has been Nature Reserves by a variety of hunters, countries involved. The shahtoosh unable to do so (SFA 1998) because of including local herders, residents, industry in the Srinagar region of the magnitude of the poaching, the officials, military personnel, gold Jammu and Kashmir is controlled by a extensive geographic areas involved, miners, and truck drivers (Schaller wealthy, influential group of 12 to 20 and the high value of shahtoosh, which 1993, Schaller and Gu 1994). Organized, families (Wright and Kumar 1997). gives poachers great incentive to large-scale poaching rings have There are about 100 to 120 family-run continue their illegal activities. On developed in some areas. Poachers manufacturing operations that employ several occasions, China has appealed to always kill Tibetan antelope to collect upwards of 20,000 people who prepare, other governments and organizations to their fiber. No cases of capture-and- weave, and finish the raw shahtoosh eliminate the demand for and

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production of shahtoosh products, most (Government of India 1999), the E. Other Natural or Manmade Factors recently at the 1999 International production and sale of shahtoosh Tibetan antelope are known to have Workshop on Conservation and Control shawls and other products have died from exposure and malnutrition of Trade in Tibetan Antelope held in continued in Jammu and Kashmir. On associated with severe winter weather Xining, China, in October 1999 and in May 1, 2000, in response to public (Schaller 1998). A blizzard in Qinghai a Resolution adopted at the 11th interest litigation filed by the Wildlife Province killed a disproportionate Meeting of the Conference of the Parties Protection Society of India (WPSI), the number of young and yearlings, and to CITES in Kenya in April 2000 High Court of Jammu and Kashmir ruled resulted in reproductive failure in the (Resolution Conf. 11.8). China re- that the shahtoosh trade was in following year. iterated its commitment to Tibetan violation of the J&K Act, CITES, and antelope conservation at the 12th India’s Export-Import Policy (IFAW/ Summary of Findings Meeting of the Conference of the Parties WTI 2001). The Government of Jammu The Service has reviewed the to CITES in Santiago, Chile, in and Kashmir set about to bring its law information presented in the original November 2002 (Resolution Conf. 11.8 into compliance with national petition, the literature cited in that Rev. COP12 and Decision 12.40). legislation and CITES, but that has not petition, all public comments received, In Nepal, the chiru is listed as an yet been completed, and the shahtoosh and other available literature and endangered species under Schedule I of trade has continued. In May 2001, WPSI information. On the basis of the best Nepal’s National Parks and Wildlife and WTI filed a contempt of court scientific and commercial information Conservation Act (1973) (Wright and petition against the Jammu and Kashmir available, the Service’s 12-month Kumar 1997). Smugglers use Nepal as a Government. transit route from China to India finding is that the petitioned action is (Government of Nepal 1999), and recent Sale of shahtoosh shawls occurs warranted. The best available investigations by WWF Nepal Program elsewhere in India as well, although information indicates that the total and TRAFFIC India have documented prohibited by national law. And, despite population of Tibetan antelope has the routes used. Although Nepal has the fact that CITES and India’s Customs declined drastically over the past three made some effort to stop the illegal Law prohibit the commercial import decades. This decline has resulted trade, including the confiscation of and export of shahtoosh and shahtoosh primarily from overutilization for several shahtoosh shipments, it has products, raw shahtoosh fiber still commercial purposes and the been unable to eliminate or control the enters India and finished products still inadequacy of existing regulatory trade. This has, in part, resulted from leave. Indian authorities have made a mechanisms. Habitat impacts, especially the lack of CITES-implementing number of seizures of raw fiber and those caused by domestic livestock legislation at a national level finished products over the years (Wright grazing, appear to be a contributory (Government of Nepal 1999). In its and Kumar 1997, Government of India factor in the decline, and could have national report to the International 1999), but, because of the conflict with potentially greater impacts in the near Workshop on Conservation and Control Jammu and Kashmir, have been unable future. Accordingly, we herein propose of Trade in Tibetan Antelope in October to end the production of shahtoosh to list the Tibetan antelope as 1999, the Government of Nepal products. endangered throughout its range, indicated that it had recently prepared pursuant to the Endangered Species Act In the United States, the Appendix-I of 1973, as amended. Public comments CITES-implementing legislation, which listing for the Tibetan antelope has not was awaiting approval by the on this proposed rule will be solicited, been adequate to control the import and as will peer review (see subsequent Government (Government of Nepal sale of shahtoosh products. Although 1999). That legislation apparently had sections of this Federal Register several investigations have revealed a document). not yet been enacted as of the 46th market for shahtoosh products in the Meeting of the CITES Standing United States, the first successful Available Conservation Measures Committee (SC) in March 2002 (SC46 prosecution was in 2001. On May 29, Conservation measures provided to Doc. 11.1). 2001, a Los Angeles-based clothier In India, the chiru is listed on species listed as endangered or agreed to pay a $175,000 civil Schedule I of the Wildlife Protection threatened under the Endangered settlement for importing and selling Act (1972), which prohibits hunting and Species Act include recognition, shahtoosh shawls in violation of the trade in any part of the species (Wright recovery actions, requirements for ESA and the Lacey Act (Press Release and Kumar 1997). The northern Indian Federal protection, and prohibitions from the U.S. Attorney’s Office, District State of Jammu and Kashmir has a against certain practices. Recognition of New Jersey, dated May 29, 2001). separate wildlife act, The Jammu and through listing results in public Kashmir Wild Life Protection Act (1978) CITES provisions of the Endangered awareness, and encourages and results (J&K Act), which is independent of Species Act prohibit engaging in trade in conservation actions by Federal and national law. Chiru are listed on contrary to CITES and the possession of State governments, private agencies and Schedule II of the J&K Act. Trade in any specimen traded contrary to CITES. groups, and individuals. Schedule II species, including Thus, once a shahtoosh shawl is Section 7(a) of the Act, as amended, shahtoosh, is permitted under certain successfully smuggled into the United and as implemented by regulations at 50 conditions. The J&K Act specifies that States, enforcement officers must prove CFR part 402, requires Federal agencies state permission is required to possess the unlawful import in order to seize to evaluate the impact of their actions Schedule II wildlife products, that that shawl. Listing the Tibetan antelope within the United States or on the high unlicensed dealers are prohibited from under the Act would prohibit the sale or seas on any species that is proposed or selling these products, and that licensed offering for sale of shahtoosh products listed as endangered or threatened, and dealers are required to report to the in interstate or foreign commerce. This on critical habitat of an endangered or government any import of Schedule II would give U. S. prosecutors additional threatened species, if any is designated. animal products (Ginsberg et al. 1999). means of fighting shahtoosh smuggling Because the Tibetan antelope is not Despite the fact that no shahtoosh and the illegal market within the United native to the United States, we are not dealers have ever been licensed States. proposing to designate critical habitat

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for the species, in accordance with 50 be based on the most accurate and up- National Environmental Policy Act CFR 424.12(h). With respect to the to-date information possible. Therefore, Tibetan antelope, no Federal activities, comments or suggestions from the We have determined that other than the issuance of CITES import public, other concerned governmental Environmental Assessments and and export permits, are currently agencies, the scientific community, Environmental Impact Statements, as defined under the authority of the required. Listing of the Tibetan antelope industry, or any other interested party National Environmental Policy Act of as endangered under the Act would concerning this proposed rule are 1969, need not be prepared in require the issuance of ESA import and hereby solicited. Comments particularly connection with regulations adopted export permits by the Service’s Division are sought concerning biological, pursuant to section 4(a) of the of Management Authority (DMA), and commercial trade, or other relevant data Endangered Species Act of 1973, as consequently a consultation with the concerning any threat to this species. amended. Service’s Division of Scientific Final action on this proposed rule will Authority (DSA) under Section 7 of the take into consideration the comments Paperwork Reduction Act of 1995 Act prior to the issuance of any permit. and any additional information received The Act and its implementing by the Service, and such This rule contains no new information collection requirements regulations set forth a series of communications may lead to a final under the Paperwork Reduction Act of prohibitions and exceptions that action that differs from this proposal. generally apply to all endangered 1995. An agency may not conduct or wildlife. The prohibitions, codified at Our practice is to make comments, sponsor, and a person is not required to 50 CFR 17.21, in part, make it illegal for including names and home addresses of respond to, a collection of information any person subject to the jurisdiction of respondents, available for public review unless it displays a currently valid OMB the United States to take (includes during regular business hours. Control Number. harass, harm, pursue, hunt, shoot, Commenters may request that we References Cited wound, kill, trap, capture, or collect; or withhold their home addresses, and we will honor these requests to the extent to attempt any of these), within U.S. Bagla, P. 1995. Sustainable tigers? BBC territory or on the high seas, import or allowable by law. In some Wildlife 15(5): 55. export, ship in interstate commerce in circumstances, we may also withhold a Bleisch, W. 1999. Pers. Comm. to the Tibetan the course of a commercial activity, or commenter’s identity, as allowable by Plateau Project via e-mail. sell or offer for sale in interstate or law. If you wish us to withhold your Bonvalot, G. 1892. Across Tibet. Cassell, New foreign commerce, any listed species. It name or address, you must state this York. also is illegal to possess, sell, deliver, request prominently at the beginning of Bower, H. 1894. Diary of a journey across carry, transport, or ship any such your comment. However, we will not Tibet. Macmillan, New York. wildlife that has been taken illegally. consider anonymous comments. To the China Daily. 1999. Qinghai closes nature reserve. December 30, 1999. Certain exceptions apply to employees extent consistent with applicable law, Deasy, H. 1901. In Tibet and Chinese or agents of the Service, and State we will make all submissions from Turkestan. Longmans Green, New York. conservation agencies. The interstate organizations or businesses, and from Gatesy, J., D. Yelon, R. DeSalle, and E. Vrba. commerce prohibitions will be individuals identifying themselves as 1992. Phylogeny of the Bovidae especially useful to the Service’s efforts representatives or officials of (Artiodactyla, Mammalia), based on to curtail any illegal shahtoosh trade organizations or businesses, available mitochondrial ribosomal DNA sequence. within the United States. for public comment in their entirety. Mol. Biol. Evol. 9: 433–446. Permits may be issued to carry out Comments and materials received will Gentry, A. 1992. The subfamilies and tribes otherwise prohibited activities be available for public inspection, by of the family Bovidae. Mammal Review 22: 1–32. involving endangered wildlife species appointment, during normal business under certain circumstances. Ginsberg, J. R., G. B. Schaller, and J. Lowe. hours at the above address. 1999. Petition to list the Tibetan antelope Regulations governing permits are The Endangered Species Act provides (Pantholops hodgsonii) as an endangered codified at 50 CFR 17.22 and 17.23. for one or more public hearings on this species pursuant to the U.S. Endangered Such permits are available for scientific proposal, if requested. Requests must be Species Act of 1973. Wildlife Conservation research purposes, for enhancement of received within 45 days of the date of Society and Tibetan Plateau Project. the propagation or survival of the Global Policy Forum. 2001. Potentially the publication of this proposal in the species, and/or for incidental take in the massive oil and gas find in Tibet. Federal Register. Such requests must be course of otherwise lawful activities. September 5, 2001. (http:// made in writing and be addressed to: Because the Tibetan antelope is listed in www.globalpolicy.org/security/natres/oil/ Chief, Division of Scientific Authority, Appendix I of CITES, a CITES permit is China/2001/0905disc.htm) 4401 North Fairfax Drive, Room 750, Government of India. 1999. Chiru and already required for import to or export Arlington, Virginia 22203. shahtoosh. Paper presented by S.C. Sharma from the United States. Under this at 1999 International Workshop on rulemaking, an ESA permit would also Peer Review Conservation and Control of Trade in be required for import or export of Tibetan Antelope, Xining, China. October Tibetan antelopes to the United States. In accordance with our policy 1999. Prior to issuance of a permit, DMA published on July 1, 1994 (59 FR Government of Nepal. 1999. Some facts, would need to consult with DSA under 34270), we will seek expert opinions of problems and working strategies of Section 7 of the Act, as well as make its at least three appropriate independent shahtoosh trade in Nepal. Paper presented own determination that the application specialists regarding this proposed rule. by T. Maskey at 1999 International Workshop on Conservation and Control of satisfies the permit-issuance criteria The purpose of such review is to ensure that listing decisions are based on Trade in Tibetan Antelope, Xining, China. (i.e., research or enhancement of October 1999. propagation or survival). scientifically sound data, assumptions, Hedin, S. 1903. Central Asia and Tibet. 2 and analysis. We will send copies of Public Comments Solicited vols. Hurst and Blackett, London. this proposed rule immediately Hedin, S. [1922]. 1991. Southern Tibet. Vols. The Service intends that any final following publication in the Federal 3 and 4. Reprinted by B. R. Publ. Corp., action resulting from this proposal will Register to these peer reviewers. Delhi.

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IFAW/WTI (International Fund for Animal Schaller, G. B. 1999. Natural history of held in Xining, China in October, 1999. Welfare and Wildlife Trust of India). 2001. Tibetan antelope. Paper presented by G.B. 147 pp. Wrap up the trade: An international Schaller at 1999 International Workshop campaign to save the endangered Tibetan on Conservation and Control of Trade in Author antelope. 79 pp. Tibetan Antelope, Xining, China. October Liu, J. 1999. China resolves to end chiru 1999. The primary author of this proposed poaching. China Daily, June 30, 1999. Schaller, G. B. and B. Gu. 1994. Comparative rule is Dr. Kurt A. Johnson, Division of Los Angeles Times. 2002. Progress hems in ecology of ungulates in the Aru Basin of Scientific Authority, U.S. Fish and nomadic herders of Tibet. August 10, 2002. northwest Tibet. National Geographic Wildlife Service, 4401 North Fairfax Miller, D. J. 1997. A photo essay of Research and Exploration 10: 266–293. Drive, Room 750, Arlington, Virginia Himalayan and Tibetan pastoralism. In: SFA (State Forestry Administration). 1998. 22203. Rangelands and pastoral development in Conservation status of the Tibet antelope. the Hindu Kush-Himalayas. International China State Forestry Administration. List of Subjects in 50 CFR Part 17 Centre for Integrated Mountain December 1998. 4 pp. Development, Kathmandu. USEC (United States Embassy China). 1996. Endangered and threatened species, Miller, D. J. 2000. Tough times for Tibetan Gold mining in China: Taming the wild Exports, Imports, Reporting and nomads in Western China: Snowstorms, west. USEC Web site (http:// recordkeeping requirements, settling down, fences, and the demise of www.usembassy-china.org.cn/english/ Transportation. traditional nomadic pastoralism. Nomadic sandt/goldw.htm). Peoples 4(1): 83–109. Wilson, D. E., and D. M. Reeder. 1993. Proposed Regulation Promulgation Miller, D. J. 2001. Poverty among Tibetan Mammal species of the world: A taxonomic Accordingly, we hereby propose to nomads in western China: Profiles of and geographic reference. 2nd ed. poverty and strategies for poverty Smithsonian Institution Press, Washington, amend part 17, subchapter B of chapter reduction. Paper prepared for Tibet DC 1206 pp. I, 50 of the Code of Federal Development Symposium, May 4–6, 2001, WPSI News (Wildlife Protection Society of Regulations, as set forth below: Brandeis University. India). 2002. 80 shahtoosh shawls seized in Miller, D. J. 2002. The importance of China’s Delhi. March 18, 2002. PART 17— [AMENDED] nomads. Rangelands 24(1): 22–24. Wright, B. and A. Kumar. 1997. Fashioned Miller, D. J., and G. B. Schaller. 1997. for extinction: An expose of the shahtoosh 1. The authority citation for part 17 Conservation threats to the Chang Tang trade. Wildlife Protection Society of India, continues to read as follows: wildlife reserve, Tibet. Ambio 26(3). New Delhi. 48 pp. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. People’s Daily. 2002. Railway construction Xinhua. 1998. Tibet punishes poachers. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– makes way for rare antelope. August 7, October 28, 1998. 625, 100 Stat. 3500; unless otherwise noted. 2002. Xinhuanet. 2002a. Railway suspended for Rawling, C. 1905. The great plateau. Edward Tibetan antelope migration. June 26, 2002. 2. Section 17.11(h) is amended by Arnold, London. Xinhuanet. 2002b. China curbs poaching of adding the following, in alphabetical Ridgeway, R. 2003. 275 miles on foot through Tibetan antelopes. October 29, 2002. order under MAMMALS, to the List of the remote Chang Tang. National Xinhuanet. 2002c. Extinction of Tibetan Endangered and Threatened Wildlife: Geographic Magazine 203: 104–125. antelopes ‘‘very possible’’ if poaching Schaller, G. B. 1993. In a high and sacred persists: expert. August 19, 2002. § 17.11 Endangered and threatened realm. National Geographic Magazine 184. Zhen, R. 2000. For future of [the] Tibetan wildlife. Schaller, G. B. 1998. Wildlife of the Tibetan antelope: Proceedings of the 1999 steppe. The University of Chicago Press, International Workshop on Conservation * * * * * Chicago. 373 pp. and Control of Trade in Tibetan Antelope (h) * * *

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

MAMMALS

******* Antelope, Tibetan Pantholops China, India, Nepal Entire ...... E ...... NA NA (Chiru). hodgsonii.

*******

Dated: August 21, 2003. Marshall P. Jones, Deputy Director, Fish and Wildlife Service. [FR Doc. 03–25207 Filed 10–3–03; 8:45 am] BILLING CODE 4310–55–P

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