Federal Register/Vol. 71, No. 60/Wednesday, March 29, 2006

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15620 Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations

Control No. 3060–0057. Accordingly, address; or by telephone, 703–358– warranted, or warranted but precluded the information collection requirement 1708; fax, 703–358–2276; or e-mail, by higher-priority listing actions (this contained in theses rule became [email protected]. finding is referred to as the ‘‘12-month effective on December 7, 2005. The SUPPLEMENTARY INFORMATION: finding’’). The 12-month finding is also expiration date for the information to be published promptly in the Federal collection requirement will be Background Register. On October 6, 1999, the December 31, 2008. The Tibetan antelope (Pantholops Service received a petition from the Federal Communications Commission. hodgsonii sensu Wilson and Reeder Wildlife Conservation Society (Joshua R. Marlene H. Dortch, 1993) is a medium-sized bovid endemic Ginsberg, Ph.D., Director, Asia Program, and George B. Schaller, Ph.D., Director Secretary. to the Tibetan Plateau in China (Tibet Autonomous Region, Xinjiang—Uygur of Science) and the Tibetan Plateau [FR Doc. 06–2971 Filed 3–28–06; 8:45 am] Project of Earth Island Institute (Justin BILLING CODE 6712–01–P Autonomous Region, and Qinghai Province) and small portions of India Lowe, Director) requesting that the (Ladakh) and western Nepal (although Tibetan antelope be listed as there is no evidence that they still occur endangered throughout its entire range. DEPARTMENT OF THE INTERIOR in Nepal). The Tibetan antelope is also The petition was actually dated October 7, 1999, but was received via electronic Fish and Wildlife Service known by its Tibetan name ‘‘chiru.’’ Adult males are characterized by long, mail the previous day. On April 14, 2000, the Service made a positive 90- 50 CFR Part 17 slender, antelope-like black horns. Although the Tibetan antelope has been day finding on the Wildlife RIN 1018–AF49 placed in the subfamily Antilopinae, Conservation Society—Tibetan Plateau recent morphological and molecular Project petition (i.e., the Service found Endangered and Threatened Wildlife research indicates that it is most closely that the petition presented substantial and Plants; Final Rule To List the allied to the goats and other members of information indicating that the Tibetan Antelope as Endangered the subfamily Caprinae (Gentry 1992; requested action may be warranted). Throughout Its Range Gatesy et al. 1992; both cited in That finding was published in the Federal Register on April 25, 2000 (65 AGENCY: Fish and Wildlife Service, Ginsberg et al. 1999). The species is FR 24171), thereby initiating a public Interior. uniquely adapted to the high elevation comment period and status review for ACTION: Final rule. and cold, dry climate of the Tibetan Plateau (Schaller 1998). Seasonal the species. The public comment period SUMMARY: We, the U.S. Fish and migrations constitute a critical aspect of remained open until June 26, 2000. Wildlife Service (Service), determine the Tibetan antelope’s ecology and help In our 90-day finding, we stated that that the classification of the Tibetan define its ecosystem as a whole. The we had reviewed and considered all antelope (Pantholops hodgsonii) as sexes segregate almost completely known relevant literature and endangered throughout its range is during the spring and early summer information available at that time (April warranted, pursuant to the Endangered (May and June), when adult females and 2000) on the current status of and Species Act of 1973, as amended (Act, their female young migrate north to threats to the Tibetan antelope. Since 16 U.S.C. 1531 et seq.). The best calving grounds. They return south by then, a limited amount of relevant new available information indicates that the late July or early August, covering information has become available as a total population of Tibetan antelope has distances up to 300 kilometers (km) result of the status review and public declined drastically over the past three each way (Schaller 1998). comment period. That information was incorporated, as appropriate, in the 12- decades such that it is in danger of Previous Federal Action extinction throughout all or a significant month finding, which was published on portion of its range. This decline has Section 4(b)(3)(A) of the Act requires October 6, 2003 (68 FR 57646). Together resulted primarily from overutilization the Service to make a finding known as with the 12-month finding, in that for commercial purposes and the a ‘‘90-day finding’’ on whether a document we proposed to list the inadequacy of existing regulatory petition to list, delist, or reclassify a Tibetan antelope as endangered mechanisms. Habitat impacts, especially species has presented substantial throughout its range, and we sought those caused by domestic livestock information indicating that the public comments until January 5, 2004. grazing, appear to be a contributory requested action may be warranted. To In accordance with the Interagency factor in the decline, and could have the maximum extent practicable, the Cooperative Policy for Peer Review in potentially greater impacts in the near finding shall be made within 90 days Endangered Species Act Activities future. Accordingly, we are listing the following receipt of the petition and published on July 1, 1994 (59 FR Tibetan antelope as endangered, published promptly in the Federal 34270), we selected three appropriate pursuant to the Act. Register. If the 90-day finding is independent specialists to review the DATES: This rule is effective April 28, positive (i.e., the petition has presented proposed rule. The purpose of such 2006. substantial information indicating that review is to ensure that listing decisions the requested action may be warranted), are based on scientifically sound data, ADDRESSES: The complete supporting Section 4(b)(3)(A) of the Act requires the assumptions, and analysis. We selected file for this rule is available for public Service to commence a status review of three appropriate independent inspection, by appointment, during the species if one has not already been specialists to review the proposed rule normal business hours at the Division of initiated under the Service’s internal who have considerable knowledge and Scientific Authority, U.S. Fish and candidate assessment process. In field experience in Tibetan antelope Wildlife Service, 4401 N. Fairfax Drive, addition, Section 4(b)(3)(B) of the Act biology and conservation. We also sent Room 750, Arlington, Virginia 22203. also requires the Service to make a letters requesting comments from the FOR FURTHER INFORMATION CONTACT: finding within 12 months following Management and Scientific Authorities Robert R. Gabel, Chief, Division of receipt of the petition on whether the for CITES (Convention on International Scientific Authority, at the above requested action is warranted, not Trade in Endangered Species of Wild

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Fauna and Flora) in the range countries Issue 1: The private individual fragmentation or desertification of China, India, and Nepal. claimed that the proposed rule relied on throughout the range of the Tibetan anecdotal population information and antelope. We described some specific Summary of Comments and lacked quantitative trend data necessary projects and how they have obstructed Recommendations to determine whether or not the Tibetan antelope migration routes to We received 272 comments during the population is declining. This person calving grounds (See Factor A below). public comment period on the 90-day also noted that, even if a decline is Issue 3: It is unclear what finding, including 1 comment from a determined, it may be indicative of a conservation benefits will accrue to the range country government (People’s natural long-term population cycle. Tibetan antelope from listing under the Republic of China), 4 comments from Service Response 1: In making our Act. The species is listed in CITES non-governmental organizations, 41 determination, the Service relied on the Appendix-I, yet current laws within letters from individuals, 86 postcards best available scientific information. range countries do not seem to from individuals, and 1 letter of petition Thorough population censuses are effectively deter poaching or habitat signed by 140 individuals. All difficult with this species due to its loss. comments fully supported an relative isolation and the harsh Service Response 3: Listings under the endangered listing for the Tibetan environment of the Tibetan Plateau. We Act are not restricted to species that will antelope, although only five comments have received population information benefit from the protections of the Act. provided any new information on the from experts, such as Dr. George B. Rather, the Act calls for listing if the status of or threats to the species. Schaller, who has observed the Tibetan species meets the definitions of Particularly important among these was antelope throughout its range and has endangered or threatened, following an the letter from Zhen Rende, Director estimated and compared current and analysis of threats factors. In addition, General of the CITES Management historical population numbers and the protections of the Act, along with Authority of China, in which he distribution. Based on our review of the the current protections under CITES, expressed strong support for listing the literature and comments we received, may provide a conservation benefit by species as endangered. The comments Dr. Schaller’s 1998 estimate remains the further limiting import and export from were used in the development of the best scientific estimate of the Tibetan the United States. Upon listing, import proposed rule to list the species. antelope population. and export into and from the United During the comment period for the Additional quantification of a decline States as well as movement and sale in proposed rule, we received 11 was provided by a reviewer and another interstate or foreign commerce of comments: 2 from range countries, 3 commenter. The reviewer commented Tibetan antelope, including parts and from peer reviewers, 4 from non- that the Service failed to include the products, will be prohibited under the governmental organizations, and 2 from quantitative trend assessment of Tibetan Act unless authorized. Such activities private individuals. Except for one antelope in Yeniugou, Qinghai can be authorized, but only for scientific reviewer and a private individual, all Province, China (Harris et al. 1999). purposes or to enhance the propagation comments were strongly supportive of Observations made on foot and or survival of the species. Thus, for the endangered listing. horseback as well as interviews with example, if the Service receives an A range country Scientific Authority local and provincial officials indicated application to import a live Tibetan response was received from Mr. Wang that the population of Tibetan antelope antelope or Tibetan antelope parts or Sung, Research Professor, Institute of declined from over 2,000 animals in products, the import can only occur if Zoology, Chinese Academy of Sciences, 1991 to 2 animals (observed) in 1997. the Service determines that the activity and Executive Vice Chairman, The authors concluded that an entire is for scientific purposes or will Endangered Species Scientific subpopulation of the Tibetan antelope enhance the propagation or survival of Commission, Beijing, China. We also can be extirpated in the short term. the species. received a response from The Wildlife They hypothesized that the decline may Trust of India (WTI), a non- be due to increased poaching or the Support for the Proposed Listing of the governmental organization, in New antelope moving to alternative areas, or Tibetan Antelope as Endangered Delhi, India. These commenters both. The commenter provided Issue 1: One reviewer noted that the supported the listing rule. population estimates that indicated a only quantitative trend assessment of With the exceptions of the peer decline from 13.6 individuals/km2 to any Tibetan antelope population (Harris reviewers, range country contacts, a 5.9 individuals/km2 between 1991 and et al. 1999) was not cited in the private individual, and William Bleisch, 2001 in the summer calving grounds proposed rule. The commenter provided PhD, China Programme Manager, Fauna north of Mount Muztagh Ulugh in a copy of the article. and Flora International, Beijing, China, Xinjiang Province, China (Bleisch et al. Service Response 1: We acknowledge all other comments were submitted by unpublished). The decline was the oversight and are including the the following organizations: American attributed solely to poaching. It should assessment in our Summary of Factors Zoo and Aquarium Association (AZA), be noted that a decline caused by Affecting the Species (Factor B) Earth Island Institute (EII), The Humane natural, non-anthropogenic factors analysis. The article strengthens our Society of the United States (HSUS), could also place a species in danger of conclusion that wild populations have and International Fund for Animal extinction throughout all or a significant declined precipitously in the short term. Welfare (IFAW). Most of the comments portion of its range. Issue 2: In the proposed rule, we had supported listing the Tibetan antelope Issue 2: The Service provided few concluded that fences will have the as endangered. details regarding the threat of habitat effect of excluding Tibetan antelope destruction. from grassland needed for forage (68 FR Opposition to the Proposed Listing of Service Response 2: We disagree. The 57647). One reviewer claimed that the Tibetan Antelope as Endangered Service has reviewed the scientific although this may be a legitimate There were two opponents to listing literature and explained that human concern, there is no data to support the the Tibetan antelope as endangered. activities, such as resource extraction, statement for this species. These were one private individual and livestock grazing, and road or railway Service Response 2: We reported that one peer reviewer. construction, have resulted in habitat changes in Chinese Government policy

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have resulted in an attempt to amendment conforms to the national effective, the Service’s Office of Law permanently settle many Tibetan wildlife protection act, the Government Enforcement will seek information on pastoralists. This has led to a of Jammu and Kashmir is not the legal origin of shawls (for example, proliferation of rangeland fencing on implementing the new provision, and if the shawl qualifies under the pre-Act portions of the Tibetan Plateau (Miller the manufacture of shahtoosh shawls exemption) if there is evidence of a 2000, Los Angeles Times 2002). and trade continues in that State. The violation of the Act. Increasingly, nomads are fencing reviewer provided photographs, a Issue 7: New information that grasslands for livestock grazing and testimonial letter from a visitor from the strengthens our argument for listing the fodder production, thereby excluding United States, and a newspaper article Tibetan antelope as endangered was Tibetan antelope from the fenced areas. attesting to the weaving and sale of the provided by Dr. William Bleisch, China Tibetan antelope need open range to shawls in the State. Indeed, the WTI has Programme Manager, Fauna and Flora survive (Miller and Schaller 1997). filed a case in the Supreme Court of International, Beijing, China. Since Thus, fencing reduces habitat that India against the State of Jammu and 1998, Dr. Bleisch has been working on would otherwise be available to Tibetan Kashmir to force the implementation of a Tibetan antelope conservation project antelope. the amended wildlife law. The CITES in the Arjin Mountain Nature Reserve Issue 3: The same reviewer added that Secretariat prepared a document for the and has recently been involved in gold mining in Qinghai Province, China, 13th Meeting of the Conference of the community-based wildlife conservation is declining. Another reviewer stated Parties to CITES in which the Parties in the Qinghai Province of China. To that itinerant gold mining in China has were asked to support new language in our list of protected Tibetan antelope until recently been legal. Resolution Conf. 11.8 (Rev. CoP12) populations and habitat in western Service Response 3: Professor Wang of ‘‘* * * that the State of Jammu and China (68 FR 57648), Dr. Bleisch added the Chinese Academy of Sciences Kashmir in India halts the processing of the recent approval by the Chinese agreed with the proposed rule and such wool and the manufacture of Government of the Snowlands Three emphasized that human activity, shahtoosh products’’ (CITES Secretariat Rivers Source National Nature Reserve including road construction and mining 2004). However, the new language was (158,000 km2 in Qinghai Province) and (legal and illegal), is detrimental to the rejected by the Conference of the Parties the Mid-Kunlun Mountains Nature species’ survival. These activities are (October 2–14, 2004). So culturally Reserve (size not provided, in Xinjiang discussed in the proposed rule and entrenched is shahtoosh shawl Province). He noted that the five Factor A (below). manufacturing in Jammu and Kashmir Issue 4: A reviewer indicated that contiguous reserves protect most of the that a recent WTI–IFAW census of remaining habitat for Tibetan antelope. there has been increased coordination of shahtoosh workers indicated that 14,293 anti-poaching activities in Qinghai, Based on his experience, Dr. Bleisch individuals were directly involved in commented that the reserves are only Xinjiang, and Tibet, which included a shahtoosh production (Gopinath et al. workshop in Xinjiang in 2002. partially effective in protecting the 2003, submitted during the comment Tibetan antelope because of the impact According to one organization, period). This number appears to be workshop participants included of illegal mining operations, lower than expected and declining due inconsistencies in governmental national and local agencies from China to legal restrictions and alternative and the Tibet Autonomous Region. The jurisdiction, and lack of environmental employment for pashmina production safeguards. He also provided workshop resulted in a resolution (cashmere from the domesticated unpublished population information on calling for increased habitat protection, mountain goat Capra hircus). Tibetan antelope observed from vehicle- in situ conservation of the Tibetan One reviewer noted that a study antelope, and international conducted by the WTI in partnership based transects through summer calving collaboration to eliminate illegal trade. with IFAW in December 2003 found grounds north of Mount Muztagh Ulugh In addition, the CITES Management shahtoosh shawls available illegally to in Xinjiang Province. In 1999, he Authority of China and the CITES tourists in New Delhi and other towns observed a density of 13.6 individuals/ Secretariat convened an enforcement km2. The same transects revealed 5.9 in India. From his study of the 2 workshop in Lhasa, Tibet Autonomous shahtoosh trade since 1992, Dr. Ashok individuals/km in 2001 (Bleisch et al. Region, in August 2003. The workshop Kumar, Senior Advisor and Trustee, unpublished). The decline is believed to covered international and national WTI, observed that methods of have been caused by poaching, which wildlife law enforcement, intelligence concealment and porous borders reduced the density of females by about techniques, and collaboration with other between Tibet, India, and Nepal have 50 percent in just 2 years. international law enforcement agencies made enforcement of Tibetan antelope Service Response 7: We have added as well as national agencies. protection laws difficult. Indeed, in the areas mentioned by Dr. Bleisch to Service Response 4: The workshop 2004, the Dubai Government seized 100 our list of protected Tibetan antelope information has been considered in the shahtoosh shawls from Kahmiri traders populations and habitat in western Factor D analysis of this rule. (Bindra 2004). The shawls are believed China discussed under Factor A. The Issue 5: One reviewer noted that the to have been manufactured in India. new population and threats information Service erred in saying that the Jammu Service Response 5: The new was also considered in the analysis of and Kashmir Wildlife Protection Act has information about the Jammu and this rule. not been amended to comply with Kashmir shahtoosh trade was Issue 8: Dr. Bleisch disagreed with our India’s national wildlife protection law considered in the Factor D analysis of assertion in the proposed rule that (68 FR 57650). The reviewer stated that this rule. poaching has declined in some areas the Jammu and Kashmir Wildlife Issue 6: One reviewer recommended because there are not enough animals to Protection Act was amended in June that the United States adopt a warrant an organized poaching effort (68 2002 so that the Tibetan antelope has registration scheme for privately owned FR 57649). He said that poaching has been elevated from Schedule II to shahtoosh shawls as India has done. decreased even where Tibetan antelopes Schedule I of the Act, thus providing Service Response 6: Such a process are still abundant and believes this is complete protection to the species, would be difficult to administer. due to increased law enforcement parts, and products. While the However, once the listing becomes within China and in other countries

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coupled with a lower international will continue to use the terms ‘‘chiru’’ receiving greater than 400 millimeters demand for shahtoosh wool. or ‘‘Tibetan antelope.’’ (mm) annual precipitation (Schaller Service Response 8: Although there Issue 12: This commenter also 1998). may be evidence of less poaching at the pointed out that the World Conservation Although the current east-west summer calving grounds since the peak Union (IUCN) lists the Tibetan antelope distribution of Tibetan antelope appears in 1999 when 909 carcasses were as endangered due to the sharp decrease much as it was described a century ago observed, we do not have enough in animal numbers and distribution as by Bower (1894, cited in Schaller 1998), information to determine whether or not a result of commercial killing for the the distribution is now fragmented poaching declined due to better law shahtoosh underfur (IUCN 2003). where previously it was continuous. enforcement, lower demand, or our Service Response 12: This information Schaller (1998) determined that Tibetan original assertion that there may not be has been added to the Factor B analysis. antelope no longer occur, or occur in enough animals to warrant an organized Issue 13: The same commenter low numbers, in several areas where poaching effort. It may be due to any or provided additional information about early explorers noted them to be all of these factors. the number of Tibetan antelope in abundant. The current range is divided Issue 9: Two commenters representing Ladakh, India, and poaching and into two areas: a northern area of about two non-governmental organizations commercial killing in China, and 490,000 km2 and a central area of about commented that a specific threat to the reiterated the information provided by 115,000 km2. Distribution between the Tibetan antelope in southwestern other commenters regarding the two areas was continuous until recent Qinghai Province is the construction of regulation of shahtoosh trade in Jammu decades, and there may still be rare the Qinghai-Tibet Railway, which began and Kahmir, India. The commenter contact near the western end. However, in 2001. The railway and the highway noted that listing the Tibetan antelope current Tibetan antelope populations in that runs parallel to it bisect the as endangered will encourage U.S. law the central Chang Tang of the Tibet migratory route of the antelope in that enforcement personnel to more Autonomous Region are highly region. The ideal construction season effectively control and prosecute fragmented and occur in small, scattered coincides with the peak migration. shahtoosh-related crimes. herds. The range has also contracted in Population of the area with construction Two other commenters representing eastern Qinghai Province (Schaller personnel and eventual further human non-governmental organizations also 1998). settlement along the railway and agreed with the proposal. One Changes in Chinese government highway may further destroy antelope organization offered its assistance to the policy have led to increasing human habitat and may reduce the antelope Service should we consider long-term development and activity on the Tibetan population size, particularly if females captive breeding, reintroduction, and Plateau, including transportation cannot migrate to calving grounds. recovery programs for the Tibetan development (roads and railways), Service Response 9: The Service antelope. resource extraction activities (minerals, acknowledged this threat in the Service Response 13: We thank the oil, and gas), permanent settlement of proposed rule. commenters for their comments and traditionally nomadic or semi-nomadic Issue 10: The same two commenters offer of assistance. pastoralists, and rangeland use for also provided the Service with recent domestic livestock grazing (Ginsberg et examples of seizures of Tibetan antelope Summary of Factors Affecting the al. 1999). These activities have already wool and shahtoosh shawls. Of Species adversely modified or destroyed Tibetan particular concern is the continued Section 4(a)(1) of the Act (16 U.S.C. antelope habitat in some areas and poaching in Kekexili Nature Reserve in 1531 et seq.) and regulations threaten to modify or destroy habitat Qinghai Province at which most of the promulgated to implement the listing over a large area in the near future. animals killed were pregnant females en provisions of the Act (50 CFR part 424) Nomadic and semi-nomadic route to the calving grounds. One set forth the procedures for adding pastoralists have grazed a mix of commenter noted that John Sellar, species to the Federal lists. A species domestic livestock (primarily sheep, Senior Enforcement Officer at the CITES may be determined to be an endangered goats, yaks, and some horses) on the Secretariat, told the Workshop on or threatened species on the basis of one Tibetan Plateau for millennia in relative Enforcement of Tibetan Antelope that, or more of the five factors described in harmony with the environment (Miller despite international and national section 4(a)(1). These factors and their 2000, 2002). Livestock can directly and initiatives, ‘‘* * * we seem to still be application to the Tibetan antelope are indirectly compete with Tibetan disappointingly far away from as follows: antelope for available vegetation resources, both within and outside eliminating the poaching of the Chiru A. Present or Threatened Destruction, and the illegal trade in its parts (Sellar established protected areas (Schaller Modification, or Curtailment of Its 1998; Ginsberg et al. 1999). In recent 2003).’’ Habitat or Range Service Response 10: Although we decades, as a result of government addressed law enforcement issues in the Tibetan antelope are endemic to the policy changes, excessive livestock proposed rule, we have included the high Tibetan Plateau. Most of their grazing has degraded or destroyed assessment by John Sellar in our Factor range lies above 4,000 meters (m) in Tibetan antelope habitat in some areas, D analysis of this rule. elevation, but they occur at elevations as and could eventually lead to the Issue 11: One commenter suggested low as 3,250 m in parts of Xinjiang destruction of some portion of the that the Service use the term ‘‘tsod’’ (Schaller 1998). They prefer flat to species’ range through physical instead of ‘‘chiru’’ or ‘‘Tibetan antelope’’ rolling topography and alpine steppe or displacement, overgrazing, or both, because it is the term recognized by similar semi-arid plant associations which may contribute to desertification native Tibetan speakers. (Schaller 1998). They occasionally occur (Ginsberg et al. 1999; Miller 2001). Service Response 11: While we try to in alpine desert steppe habitats, at least Recent changes in Chinese Government be sensitive to local or native names, on a seasonal basis, but are not known policy have resulted in an attempt to due to the pervasiveness of ‘‘chiru’’ and to have occurred in the Qaidam Basin of permanently settle many Tibetan ‘‘Tibetan antelope’’ and the absence of Qinghai Province (Schaller 1998). They pastoralists, with a resultant ‘‘tsod’’ in the international literature, we do not occur in alpine meadow areas proliferation of rangeland fencing on

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portions of the Plateau (Miller 2000; Los of movement for thousands of migrating destruction, modification, or Angeles Times 2002). Livestock Tibetan antelope. curtailment of its habitat or range. frequently graze year-round in antelope Five contiguous protected areas have B. Overutilization for Commercial, habitat, and increasingly, nomads are been established to protect Tibetan Recreational, Scientific, or Educational fencing for winter-spring grazing and antelope populations and habitat in Purposes fodder production, thereby excluding western China: Chang Tang Nature Tibetan antelope from the fenced Reserve (approximately 334,000 km2 in The World Conservation Union grassland resources. Tibetan antelope the Tibet Autonomous Region), Kekexili (IUCN) lists the Tibetan antelope as need open range to survive (Miller and (aka Kokoxili or Hoh Xil) National endangered due to the sharp decrease in Schaller 1997). Although not studied Reserve (approximately 45,000 km2 in animal numbers and distribution as a specifically for this species, enclosure Qinghai Province), Arjin Shan Reserve result of commercial hunting for the and conversion of grasslands may (45,000 km2 in Xinjiang Province), shahtoosh underfur (IUCN 2003). There disrupt antelope habitat, posing a Snowlands Three Rivers Source are no accurate estimates of Tibetan particular threat in the spring, when National Nature Reserve (158,000 km2 antelope numbers from the past, weakened Tibetan antelope are in Qinghai Province), and the Mid- although the few early western attempting to rebuild their energy Kunlun Mountains Nature Reserve (size explorers who ventured onto the reserves, and in the fall, as antelope are not provided, in Xinjiang Province). The Tibetan Plateau noted the presence of preparing for the harsh winter. five reserves protect most of the large herds in many areas (Schaller The Tibetan Plateau has extensive remaining habitat for Tibetan antelope. 1998). For example, Rawling (1905, gold deposits. Gold mining can have A sixth protected area, Xianza Reserve cited in Schaller 1998) wrote, ‘‘Almost significant impacts on Tibetan antelope (40,000 km2 in the Tibet Autonomous from my feet away to the north and east, habitat. Mining degrades or destroys Region), also includes some Tibetan as far as the eye could reach, were habitat through environmental antelope habitat. These reserves are only thousands upon thousands of doe antelope with their young. * * * contamination and disturbance, and partially effective in protecting the Everyone in camp turned out to see this through pollution of surface waters Tibetan antelope and its habitat due to beautiful sight, and tried, with varying (U.S. Embassy, China [USEC] 1996). a combination of inadequate results, to estimate the number of Oil exploration and some production management, limited enforcement have commenced within the Tibetan animals in view. This was found very capacity, illegal mining operations, antelope’s range, and pose threats of difficult. * * * as we could see in the inconsistencies in governmental destroying habitat; polluting the extreme distance a continuous stream of jurisdiction, lack of environmental environment with toxic production fresh herds steadily approaching; there safeguards, an influx of settlers, and chemicals, effluents, and emissions; could not have been less than 15,000 or domestic livestock grazing (Bleisch in increasing disturbance levels; and 20,000 visible at one time.’’ Bonvalot litt. Jan. 2004; WTI–IFAW 2001). increasing the incidence of poaching by (1892), Wellby (1898), Deasy (1901), and Whereas many of the protected areas in drawing additional settlers into the Hedin (1903, 1922) made similar the Tibetan Plateau region encompass region (Ginsberg et al. 1999). In 2001, observations (all references cited in high-elevation rangelands, protected Chinese researchers announced the Schaller 1998). Schaller (1999) has discovery of a potentially huge oil and areas at lower grassland elevations are suggested that upwards of 1 million gas deposit, extending over 100 km in scarce (Miller 1997). Tibetan antelope roamed the Tibetan length, in the Qiangtang Basin of the It has been difficult for reserve staffs Plateau as recently as 40–50 years ago. Tibet Autonomous Region (Global to keep poachers and illegal gold miners Historical population estimates of Policy Forum 2001). The deposit could out, a fact that prompted the Qinghai 500,000 to 1,000,000 appear to be potentially produce hundreds of Provincial Government in late 1999 to reasonable based on the limited millions of tons of oil. close the Kekexili Reserve to all information available. Construction of the Qinghai-Tibet activities that were not expressly Although data on the current Railway, currently in progress, threatens authorized in advance by the State population dynamics of Tibetan to destroy important Tibetan antelope Forestry Administration (SFA) (China antelope are fragmentary and habitat and, perhaps more importantly, Daily 1999). preliminary (Schaller 1998), it is clear significantly disrupt Tibetan antelope The Chang Tang Reserve staff lacks that the total population has declined migration corridors in southwestern the funding, experience, personnel, and drastically in the past 30 years and is Qinghai Province. One news service equipment to adequately prevent continuing to decline. Schaller (1998) report mentioned that construction on Tibetan antelope poaching and other estimated that the total population in the railway, the first to link the Tibet threats to the species (SFA 1998). the mid-1990s may have been as low as Autonomous Region with the rest of Formerly nomadic pastoralists are 65,000–75,000 individuals. More recent China, was temporarily suspended in establishing settlements within the estimates from China quote a population June 2002 because up to 1,000 migrating Chang Tang Reserve, and immigrants figure of 70,000, although the scientific Tibetan antelope were unable to cross from other parts of the Plateau are basis for the estimate is not given the construction area (People’s Daily moving into protected areas. Increased (Xinhuanet 2002b). A recent survey of 2002; Xinhuanet 2002a). All activity human presence, whether temporary Tibetan antelope in Yeniugou, Qinghai was stopped and construction workers nomadic aggregations or in permanent Province, China (Harris et al. 1999), removed from the area until these settlements, can adversely affect Tibetan based on observations made on foot or animals had passed the construction antelope habitat and be a detrimental horseback as well as interviews with site. Although the news service report disturbance factor. local and provincial officials, indicated mentioned that a passage specifically for Therefore, based on the best available that the population of Tibetan antelope animals will be set aside when the information, we find that the Tibetan declined from over 2,000 animals in railway is built, so as to ensure the free antelope is in danger of extinction 1991 to 2 animals observed in 1997. The migration for wildlife in the locality, it within the foreseeable future throughout authors hypothesized that the decline is not certain how successful such a all or a significant portion of its range may be due to increased poaching or the passage would be in ensuring freedom from the present or threatened antelope moving to alternative areas, or

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both. The authors concluded that an international consumer demand and was seized by wildlife officials in New entire subpopulation on the Tibetan increased availability of vehicles on the Delhi in early April 2003 (A. Kumar, Plateau can disappear in the short term. Tibetan Plateau. Schaller and Gu (1994) WTI, pers. comm. with K. Johnson, On the summer calving grounds north noted that, with the increasing Division of Scientific Authority, April 6, of Mount Muztagh Ulugh in Xinjiang availability of vehicles beginning three 2003). This quantity of raw wool Province, the population of Tibetan decades ago, truck drivers, government represents the killing of almost 1,800 antelope declined from 13.6 officials, military personnel, and other Tibetan antelope. In June 2005, Swiss individuals/km2 to 5.9 individuals/km2 outsiders had greater access to shoot customs confiscated 537 shahtoosh between 1999 and 2001 (Bleisch et al. wildlife. Most Tibetan antelope shawls, the largest seizure of shahtoosh unpublished, Schaller 1998, Harris et al. poaching takes place in the Arjin Shan, in Europe (IFAW 2005). Tibetan 1999). The decline was attributed solely Chang Tang, and Kekexili Nature antelope are also killed for their horns to poaching. If one assumes that the Reserves by a variety of people, (used in traditional medicinal historical population of Tibetan including local herders, residents, practices), hides, and meat (Ginsberg et antelope was 500,000 individuals (an military personnel, gold miners, truck al. 1999), although these uses are apparently conservative estimate), then drivers, and others (Schaller 1993; secondary to the use of fiber. the most recent estimate of 70,000 Schaller and Gu 1994). Organized, large- Illegal mining activity also opens represents a population decline of scale poaching rings have developed in another avenue for profiting from greater than 85 percent. some areas. Poachers always kill poaching (USEC 1996). Bleisch (1999) The principal cause of the Tibetan Tibetan antelope to collect their fiber. noted that illegal gold mining camps in antelope population decline has been No cases of capture-and-release wool the Arjin Shan Reserve in Xinjiang have poaching on a massive scale for the collection are known, nor are naturally served as bases for poachers and have species’ fur (wool) (Bleisch et al. shed fibers collected from shrubs and provided them with essential logistical unpublished), known in trade as grass tufts, as is often claimed (primarily support and access. Without this shahtoosh (‘‘king of wool’’), which is by people within the shahtoosh support, poachers would have a difficult one of the finest animal fibers known industry). Poachers shear the hides, and time operating in these remote regions. (Ginsberg et al. 1999). Shahtoosh is collect and clean the underfur of the As a result, poaching has already had a processed into high-fashion scarves and antelope, or sell the hides to dealers profound impact on the Tibetan shawls in the Indian State of Jammu and who prepare the shahtoosh (Wright and antelope population of the reserve Kashmir. These items are greatly valued Kumar 1997). (Bleisch 1999). by certain people of wealth and fashion Several areas where calving females around the world. The international Schaller speculated that, during the formerly congregated are now empty of demand for Tibetan antelope fiber and 1980s and 1990s, tens of thousands of shahtoosh products is the most serious Tibetan antelope were killed for their Tibetan antelope during the calving threat to the continued existence of the wool (Ginsberg et al. 1999). One Tibetan season (Bleisch 1999). In 2002, Tibetan antelope. Although overall antelope carcass yields about 125 to 150 researchers spent 2 weeks on foot mortality rates are not known, mortality grams (g) of fiber. In the winter of 1992, locating an unknown calving ground in due to poaching was estimated to be as an estimated 2,000 kg of wool reached the western Chang Tang only to high as 20,000 individuals per year in India, and consignments of 600 kg were discover that its location was less than China (SFA 1998). Poaching appears to seized (and released) in India during 2 days’ overland drive from a new gold have declined in some areas in recent 1993 and 1994 (Bagla 1995, cited in mine that had sprung up in the previous years (Xinhuanet 2002a), most likely Ginsberg et al. 1999). This amount alone few months (Ridgeway 2003). They because there are not enough animals to represents 17,000 Tibetan antelope. In wrote, ‘‘That same dirt road [a 60-mile warrant an organized poaching effort. October 1998, 14 poachers in the Tibet (96.6 kilometer) dirt road built by But Chinese officials acknowledge that Autonomous Region were convicted of miners in the previous 3 months] gives poaching is still far from being collectively killing 500 Tibetan antelope us an easy way home, as we cart toward eradicated in China (Xinhuanet 2002c). and purchasing 212 hides, and were our waiting vehicle. But it could also Annual recruitment of young has been sentenced to 3 to 13 years imprisonment give poachers easy access to the calving estimated at around 12 percent (Schaller (Xinhua 1998, cited in Ginsberg et al. grounds. From the mine we estimate a 1998). If one assumes that the total 1999). The largest enforcement action to four-wheel-drive vehicle could make it population of Tibetan antelope is 70,000 date within China, involving several cross-country in 2 days * * *. With the individuals and that the population is jurisdictions and dubbed the ‘‘Hoh Xil chiru’s calving grounds suddenly currently declining at a rate of 1,000 to Number One Action’’ by Chinese vulnerable, we feel a new urgency to 3,500 individuals per year (admittedly a authorities, resulted in the arrest of 66 report our findings.’’ rough estimate, given available data), poachers and the confiscation of 1,658 Governments may periodically then the species could go extinct within Tibetan antelope hides in April and enforce mining bans in sensitive areas, the next 20 to 70 years. The species’ role May 1999 (Liu 1999, cited in Ginsberg and have done so in Tibet, but in as the dominant native grazing et al. 1999). The WTI–IFAW (2001) general it is difficult to control illegal herbivore of the Tibetan Plateau report lists 77 known seizures of miners over extensive areas of remote ecosystem has already been significantly Tibetan antelope hides, raw shahtoosh, lands with poor road access. Tibet has diminished, and its influence on and finished shahtoosh scarves. Recent reserves of many other valuable ecosystem structure and function would documented seizures have been of 39 kg minerals, among them uranium, copper, likely be substantially reduced or of raw fiber in March 2001 along the and cesium, and mining of these eliminated well before the species Tibet-Nepal border (WTI–IFAW 2001) minerals may also impact Tibetan actually goes extinct. and 80 shahtoosh shawls in New Delhi antelope habitat and lead to poaching. Although the shahtoosh trade has in March 2002 (Wildlife Protection Therefore, based on the best available existed for centuries, killing of Tibetan Society of India [WPSI] News 2002). In information, we find that the Tibetan antelope on a widespread, commercial Dubai, 100 shawls were seized from antelope is in danger of extinction basis probably began only in the 1970s Kashmiri traders (Bindra 2004). A throughout all or a significant portion of or 1980s, resulting from an increase in consignment of 211 kg of raw shahtoosh its range from overutilization for

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commercial, recreational, scientific, or support new language in Resolution as well as national agencies. Despite educational purposes. Conf. 11.8 (Rev. CoP12) ‘‘* * * that the these efforts, John Sellar, Senior State of Jammu and Kashmir in India Enforcement Officer, CITES Secretariat, C. Disease or Predation halts the processing of such wool and told the participants that international Schaller (1998) has documented the manufacture of shahtoosh products and national initiatives have done little Tibetan antelope mortality caused by (CITES Secretariat 2004).’’ However, the to stop the poaching of the Tibetan disease and predators such as the wolf Parties rejected the proposed language. antelope and the illegal trade in its parts (Canis lupus), snow leopard (Uncia The Tibetan antelope is protected at a (Sellar 2003). uncia), lynx (Lynx lynx), brown bear national level by China, Nepal, and In Nepal, the Tibetan antelope is (Ursus arctos), and domestic dog (Canis India. In China, the Tibetan antelope is listed as an endangered species under familiaris). He suggested that wolf a Class 1 protected species under the Schedule I of Nepal’s National Parks predation may at one time have been a Law of the People’s Republic of China and Wildlife Conservation Act (Wright substantial mortality factor for Tibetan on the Protection of Wildlife (1989), and Kumar 1997). Smugglers use Nepal antelope, particularly on the calving which prohibits all killing except by as a transit route from China to India grounds. At the present time, neither special permit from the central (Government of Nepal 1999), and recent disease nor predation is considered to government. Although China has investigations by WWF Nepal Program significantly threaten or endanger the expended considerable effort and and TRAFFIC India have documented species in any portion of its range. resources in an attempt to control the routes used. Although Nepal has However, one or both of these factors poaching, it has been unable to do so made some effort to stop the illegal may become more significant as (SFA 1998) because of the magnitude of trade, including the confiscation of populations decline and become the poaching, the extensive geographic several shahtoosh shipments, it has increasingly fragmented because of areas involved, and the high value of been unable to eliminate or control the other mortality factors. Therefore, based shahtoosh, which gives poachers great trade. This has, in part, resulted from on the best available information, we incentive to continue their illegal the lack of CITES-implementing find that the Tibetan antelope does not activities. On several occasions, China legislation at a national level appear to be in danger of extinction has appealed to other governments and (Government of Nepal 1999). In its within the foreseeable future from organizations to eliminate the demand national report to the International disease or predation. for and production of shahtoosh Workshop on Conservation and Control D. Inadequacy of Existing Regulatory products, most recently at the 1999 of Trade in Tibetan Antelope in October Mechanisms International Workshop on 1999, the Government of Nepal Conservation and Control of Trade in indicated that it had recently prepared The Tibetan antelope was listed in Tibetan Antelope held in Xining, China, CITES-implementing legislation, which Appendix II of CITES in 1975; it was in October 1999 and in a Resolution was awaiting approval by the transferred to Appendix I in 1979. All adopted at the 11th Meeting of the Government (Government of Nepal three countries that constitute the Conference of the Parties to CITES in 1999). That legislation apparently had species’ natural geographic range, April 2000 which was revised at the not yet been enacted as of the 53rd China, Nepal, and India, are CITES 13th Meeting of the Conference of the Meeting of the CITES Standing Parties. The only reservation ever held Parties to CITES in October 2004 Committee (SC) in June 2005 (SC53 Doc on the species was taken by Switzerland (Resolution Conf. 11.8 [Rev. COP13], 31, http://www.cites.org/eng/com/SC/ in 1979 and withdrawn in October 1998. http://www.cites.org/eng/res/11/11- 53/E53-31.pdf). Shahtoosh is smuggled out of China 08R13.shtml). China re-iterated its In India, the Tibetan antelope is listed by truck or animal caravan, through commitment to Tibetan antelope on Schedule I of the Wildlife Protection Nepal or India, and into the State of conservation at the 12th Meeting of the Act (1972), which prohibits hunting and Jammu and Kashmir in India. This is in Conference of the Parties to CITES in trade in any part of the species (Wright violation of CITES as well as of November 2002 (Decision 12.40, http:// and Kumar 1997). The northern Indian domestic laws of the countries involved. www.cites.org/eng/dec/valid12/12- State of Jammu and Kashmir has a The shahtoosh industry in the Srinagar 40.shtml). separate wildlife act, The Jammu and region of Jammu and Kashmir is There has been increased Kashmir Wild Life Protection Act (J&K controlled by a wealthy, influential coordination of anti-poaching activities Act), which is independent of national group of 12–20 families (Wright and in Qinghai, Xinjiang, and Tibet, law. Prior to June 2002, the Tibetan Kumar 1997). There are about 100–120 including a workshop in Xinjiang, antelope was listed in Schedule II of the family-run manufacturing operations China, in 2002. Participants included J&K Act which permitted the that employ more than 20,000 people national and local agencies from China manufacture of and trade in shahtoosh who prepare, weave, and finish the raw and the Tibet Autonomous Region. The under certain conditions. Under shahtoosh into scarves and shawls workshop resulted in a resolution Schedule II, shahtoosh dealers had to be (WTI–IFAW 2001). The scarves are sold calling for increased habitat protection, licensed and were required to report to throughout India and smuggled abroad in situ conservation of the Tibetan the government any import of Schedule in violation of Indian law, CITES, and antelope, and international II animal products (Ginsberg et al. domestic legislation in many of the collaboration to eliminate illegal trade. 1999). The J&K Act was amended in importing countries (Wright and Kumar In addition, the CITES Management June 2002 to elevate the species from 1997). Shahtoosh products have been Authority of China and the CITES Schedule II to Schedule I, which made in Jammu and Kashmir for Secretariat convened the Workshop on provides complete protection to the centuries, but the current high levels of Enforcement of Tibetan Antelope in species. poaching are a result of consumer Lhasa, Tibet Autonomous Region, in Despite the fact that no shahtoosh demand in the West, including the August 2003. The workshop covered dealers had ever been licensed United States. The CITES Secretariat international and national wildlife law (Government of India 1999), the prepared a document for the 13th enforcement, intelligence techniques, production and sale of shahtoosh Meeting of the Conference of the Parties and collaboration with other shawls and other products occurred in which the Parties were asked to international law enforcement agencies under Schedule II and continue to occur

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under Schedule I in Jammu and shahtoosh shawls in violation of the commercial purposes and inadequacy of Kashmir. In response, the Wildlife Trust Endangered Species Act (which is the existing regulatory mechanisms. Habitat of India (WTI) has filed a case in the U.S. CITES implementing legislation) impacts, especially those caused by Supreme Court of India against the State and the Lacey Act (press release from domestic livestock grazing, appear to be of Jammu and Kashmir to force the the U.S. Attorney’s Office, District of a contributory factor in the decline, and implementation of the amended wildlife New Jersey, dated May 29, 2001). could have potentially greater impacts law. So culturally entrenched is CITES provisions of the Endangered in the near future. Because these threats shahtoosh shawl manufacturing in Species Act prohibit engaging in trade place the species in danger of extinction Jammu and Kashmir that a recent WTI– contrary to CITES and the possession of throughout all or a significant portion of IFAW census of shahtoosh workers any specimen traded contrary to CITES. its range (in accordance with the indicated that 14,293 individuals were Thus, once a shahtoosh shawl is definition of ‘‘endangered species’’ in directly involved in shahtoosh successfully smuggled into the United section 3(6) of the Act), we have production (Gopinath et al. 2003). This States, enforcement officers must determined that the Tibetan antelope is number appears to be lower than currently prove the unlawful import in endangered throughout its range, expected and declining due to legal order to seize that shawl. Listing the pursuant to the Act. This action will restrictions and alternative employment Tibetan antelope under the Act would result in the classification of this species for pashmina production (cashmere prohibit the sale or offering for sale of as endangered, throughout its entire from the domestic mountain goat Capra shahtoosh products in interstate or range. hircus). According to Dr. Ashok Kumar, foreign commerce as well as delivery, Available Conservation Measures Senior Advisor and Trustee, WTI, a receipt, transport, or shipment in study conducted by WTI in partnership interstate or foreign commerce in the Conservation measures provided to with IFAW in December 2003 found course of a commercial activity. This species listed as endangered or shahtoosh shawls available illegally to would give U.S. prosecutors additional threatened under the Act include tourists in New Delhi and other towns means of fighting shahtoosh smuggling recognition of conservation status, in India (A. Kumar, WTI, in litt. January and the illegal market within the United requirements for Federal protection, and 5, 2004). From his study of the States. In addition, penalties can be prohibitions against certain practices. shahtoosh trade since 1992, Dr. Kumar greater for species that are listed under Recognition through listing encourages observed that methods of concealment both CITES and the Endangered Species and results in conservation actions by and porous borders between Tibet, Act. Federal, State, and private agencies and India, and Nepal have made Therefore, based on the best available groups, and individuals. The protection enforcement of Tibetan antelope information, we find that the Tibetan required of Federal agencies and the protection laws difficult. antelope is in danger of extinction prohibitions against take and harm are Sale of shahtoosh shawls occurs throughout all or a significant portion of discussed, in part, below. elsewhere in India as well, although sale its range from inadequate existing Section 7(a) of the Act, as amended, is prohibited by national law. Despite regulatory mechanisms. and as implemented by regulations at 50 the fact that CITES and Indian Customs CFR part 402, requires Federal agencies E. Other Natural or Manmade Factors Law prohibit the commercial import to evaluate their actions that are to be and export of shahtoosh and shahtoosh Tibetan antelope are known to have conducted within the United States or products, raw shahtoosh fiber still died from exposure and malnutrition upon the high seas, with respect to any enters India and finished products still associated with severe winter weather species that is proposed to be listed or leave. Indian authorities have made a (Schaller 1998). A blizzard in Qinghai is listed as endangered or threatened number of seizures of raw fiber and Province killed a disproportionate and with respect to its proposed or finished products over the years (Wright number of young and yearlings, and designated critical habitat, if any is and Kumar 1997; Government of India resulted in reproductive failure in the being designated. Because the Tibetan 1999), but because of the conflict with following year. Although, at the present antelope is not native to the United Jammu and Kashmir, they have been time, inclement weather does not States, no critical habitat is being unable to end the production of significantly threaten or endanger the designated with this rule. shahtoosh products. species in any portion of its range, it Section 8(a) of the Act authorizes the In the United States, the Appendix-I may become more significant as provision of limited financial assistance listing of the Tibetan antelope has not populations decline and become for the development and management of completely prevented the illegal import increasingly fragmented because of programs that the Secretary of the and sale of shahtoosh products. Besides other mortality factors such as poaching. Interior determines to be necessary or CITES, the United States has an Therefore, based on the best available useful for the conservation of additional domestic measure that information, we find that the Tibetan endangered species in foreign countries. regulates the trade of this species. The antelope does not appear to be in danger Sections 8(b) and 8(c) of the Act Lacey Act (16 U.S.C. 3371 et seq.) makes of extinction within the foreseeable authorize the Secretary to encourage it unlawful to import, export, transport, future from other natural or manmade conservation programs for foreign sell, receive, acquire or purchase factors. endangered species, and to provide mammals or their products that were assistance for such programs, in the taken, possessed, transported, or sold in Conclusion form of personnel and the training of violation of State, Federal, or foreign In developing this rule, we have personnel. laws or regulations. carefully assessed the best scientific and The Act and its implementing Although several investigations have commercial information available regulations set forth a series of general revealed a market for shahtoosh regarding the threats facing this species. prohibitions and exceptions that apply products in the United States, the first This information indicates that the total to all endangered wildlife. As such, successful prosecution was in 2001. On population of Tibetan antelope has these prohibitions are applicable to the May 29, 2001, a Los Angeles-based declined significantly over the past Tibetan antelope. These prohibitions, clothier agreed to pay a $175,000 civil three decades. This decline has resulted pursuant to 50 CFR 17.21, in part, make settlement for importing and selling primarily from overutilization for it illegal for any person subject to the

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jurisdiction of the United States to north of Mount Muztagh Ulugh, Xinjiang Los Angeles Times. 2002. Progress hems in ‘‘take’’ (includes harass, harm, pursue, Province, China, 1999–2001. nomadic herders of Tibet. August 10, hunt, shoot, wound, kill, trap, capture, Bonvalot, G. 1892. Across Tibet. Cassell, New 2002. York. Miller, D. J. 1997. A photo essay of or to attempt any of these) within the Himalayan and Tibetan pastoralism. In: United States or upon the high seas; Bower, H. 1894. Diary of a journey across Tibet. Macmillan, New York. Rangelands and pastoral development in import or export; deliver, receive, carry, China Daily. 1999. Qinghai closes nature the Hindu Kush-Himalayas. International transport, or ship in interstate or foreign reserve. December 30, 1999. Centre for Integrated Mountain commerce in the course of commercial CITES Secretariat. 2004. Conservation of and Development, Kathmandu. activity; or sell or offer for sale in control in Tibetan antelope. Document Miller, D. J. 2000. Tough times for Tibetan interstate or foreign commerce any 31 for the 13th Convention of the Parties. nomads in Western China: Snowstorms, endangered wildlife species. It also is http://www.cites.org/eng/cop/13/docs/ settling down, fences, and the demise of traditional nomadic pastoralism. illegal to possess, sell, deliver, carry, E13–31.pdf. Deasy, H. 1901. In Tibet and Chinese Nomadic Peoples 4(1):83–109. transport, or ship any such wildlife that Miller, D. J. 2001. Poverty among Tibetan Turkestan. Longmans Green, New York. has been taken in violation of the Act. nomads in western China: Profiles of Gatesy, J., D. Yelon, R. DeSalle, and E. Vrba. Certain exceptions apply to agents of the poverty and strategies for poverty 1992. Phylogeny of the Bovidae reduction. Paper prepared for Tibet Service and State conservation agencies. (Artiodactyla, Mammalia), based on Permits may be issued to carry out Development Symposium, May 4–6, mitochondrial ribosomal DNA sequence. 2001, Brandeis University. otherwise prohibited activities Molecular Biology and Evolution 9:433– Miller, D. J. 2002. The importance of China’s involving endangered wildlife species 446. nomads. Rangelands 24(1):22–24. under certain circumstances. Gentry, A. 1992. The subfamilies and tribes Miller, D. J., and G. B. Schaller. 1997. Regulations governing permits are of the family Bovidae. Mammal Review Conservation threats to the Chang Tang codified at 50 CFR 17.22. With regard to 22:1–32. wildlife reserve, Tibet. Ambio 26(3). endangered wildlife, a permit may be Ginsberg, J. R., G. B. Schaller, and J. Lowe. People’s Daily. 2002. Railway construction 1999. Petition to list the Tibetan antelope issued for the following purposes: for makes way for rare antelope. August 7, (Pantholops hodgsonii) as an endangered 2002. scientific purposes, to enhance the species pursuant to the U.S. Endangered Rawling, C. 1905. The great plateau. Edward propagation or survival of the species, Species Act of 1973. Wildlife Arnold, London. and for incidental take in connection Conservation Society and Tibetan Ridgeway, R. 2003. 275 miles on foot through with otherwise lawful activities. Plateau Project. the remote Chang Tang. National Global Policy Forum. 2001. Potentially Geographic Magazine 203:104–125. National Environmental Policy Act massive oil and gas find in Tibet. Schaller, G. B. 1993. In a high and sacred We have determined that September 5, 2001. http:// realm. National Geographic Magazine Environmental Assessments and www.globalpolicy.org/security/natres/ 184. Schaller, G. B. 1998. Wildlife of the Tibetan Environmental Impact Statements, as oil/China/2001/0905disc.htm. Gopinath, R., R. Ahmed, A. Kumar, and A. steppe. The University of Chicago Press, defined under the authority of the Mookerjee. 2003. Beyond the Ban: A Chicago. 373 pp. National Environmental Policy Act of Census of Shahtoosh Workers in Jammu Schaller, G. B. 1999. Natural history of 1969, need not be prepared in & Kashmir. Wildlife Trust of India and Tibetan antelope. 1999 International connection with regulations adopted International Fund for Animal Welfare, Workshop on Conservation and Control pursuant to section 4(a) of the Act. A New Delhi. of Trade in Tibetan Antelope, Xining, notice outlining our reasons for this Government of India. 1999. Chiru and China. October 1999. determination was published in the shahtoosh. Paper presented by S.C. Schaller, G. B., and B. Gu. 1994. Comparative Sharma at 1999 International Workshop ecology of ungulates in the Aru Basin of Federal Register on October 25, 1983 northwest Tibet. National Geographic (48 FR 49244). on Conservation and Control of Trade in Tibetan Antelope, Xining, China. Research and Exploration 10:266–293. Paperwork Reduction Act of 1995 October 1999. Sellar, J. M. 2003. Opening address. Proceedings of Workshop on Government of Nepal. 1999. Some facts, Enforcement of Tibetan Antelope. CITES, The Office of Management and Budget problems and working strategies of Geneva. approved the information collection in shahtoosh trade in Nepal. Paper SFA (State Forestry Administration). 1998. part 17 and assigned OMB Control presented by T. Maskey at 1999 Conservation status of the Tibet International Workshop on Conservation numbers 1018–0093 and 1018–0094. antelope. China State Forestry This final rule does not impose new and Control of Trade in Tibetan Administration. December 1998. 4 pp. reporting or recordkeeping requirements Antelope, Xining, China. October 1999. USEC (United States Embassy China). 1996. on State or local governments, Harris, R. B., D. H. Pletscher, C. O. Loggers, Gold mining in China: Taming the wild individuals, businesses, or and D. J. Miller. 1999. Status and trends west. http://www.usembassy- organizations. We cannot conduct or of Tibetan plateau mammalian fauna, china.org.cn/english/sandt/goldw.htm. Yeniugou, China. Biological sponsor and you are not required to Wilson, D. E., and D. M. Reeder. 1993. Conservation 87:13–19. Mammal species of the world: A respond to a collection of information Hedin, S. 1903. Central Asia and Tibet. 2 unless it displays a currently valid OMB taxonomic and geographic reference. 2nd vols. Hurst and Blackett, London. ed. Smithsonian Institution Press, control number. Hedin, S. [1922]. 1991. Southern Tibet. Vols. Washington, DC. 1206 pp. References Cited 3 and 4. Reprinted by B. R. Publ. Corp., WPSI News (Wildlife Protection Society of Delhi. India). 2002. 80 shahtoosh shawls seized Bagla, P. 1995. Sustainable tigers? BBC IFAW–WTI (International Fund for Animal in Delhi. March 18, 2002. Wildlife 15(5):55. Welfare and Wildlife Trust of India). Wright, B., and A. Kumar. 1997. Fashioned Bindra, P. S. 2004. 100 shahtoosh shawls 2001. Wrap up the trade: An for extinction: An expose of the seized in Dubai. The Pioneer. August 7, international campaign to save the shahtoosh trade. Wildlife Protection 2004. endangered Tibetan antelope. 79 pp. Society of India, New Delhi. 48 pp. Bleisch, W. 1999. Pers. Comm. to the Tibetan IFAW 2005. Poaching remains main threat to Xinhua. 1998. Tibet punishes poachers. Plateau Project via email. Tibetan antelope. http://www.ifaw.org/ October 28, 1998. Bleisch, W. V., H. B. Zhang, D. H. Xu, and ifaw/general/default.aspx?oid=139700. Xinhuanet. 2002a. Railway suspended for H. M. Wong. Unpublished population Liu, J. 1999. China resolves to end chiru Tibetan antelope migration. June 26, density estimates for Tibetan antelope poaching. China Daily, June 30, 1999. 2002.

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Xinhuanet. 2002b. China curbs poaching of Wildlife Service (see ADDRESSES section; PART 17—[AMENDED] Tibetan antelopes. October 29, 2002. telephone 703–358–1708). Xinhuanet. 2002c. Extinction of Tibetan I 1. The authority citation for part 17 antelopes very possible if poaching List of Subjects in 50 CFR Part 17 continues to read as follows: persists: expert. August 19, 2002. Endangered and threatened species, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Zhen, R. 2000. For future of [the] Tibetan 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– antelope: Proceedings of the 1999 Exports, Imports, Reporting and 625, 100 Stat. 3500; unless otherwise noted. International Workshop on Conservation recordkeeping requirements, I and Control of Trade in Tibetan Transportation. 2. Amend § 17.11(h) by adding the following, in alphabetical order under Antelope held in Xining, China in Regulation Promulgation October, 1999. 147 pp. Mammals, to the List of Endangered and Threatened Wildlife: Author I Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the § 17.11 Endangered and threatened The primary author of this notice is Code of Federal Regulations, as follows: wildlife. Michael Kreger, Ph.D., Division of * * * * * Scientific Authority, U.S. Fish and (h) * * *

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

MAMMALS

******* Antelope, Tibetan .... Panthalops China, India, Nepal Entire ...... E ...... NA hodgsonii.

*******

Dated: March 23, 2006. 13 to the NE Multispecies Fishery upon Vessel Monitoring System (VMS) Marshall P. Jones, Jr., Management Plan and is intended to reports and other available information, Deputy Director, Fish and Wildlife Service. prevent under-harvesting of the Total the Regional Administrator has [FR Doc. 06–3034 Filed 3–28–06; 8:45 am] Allowable Catch (TAC) for GB determined that the current rate of BILLING CODE 4310–55–P yellowtail flounder while ensuring that harvest will result in the under-harvest the TAC will not be exceeded during the of the GB yellowtail flounder TAC 2005 fishing year. This action is being during the 2005 fishing year. Based on DEPARTMENT OF COMMERCE taken to provide additional this information, the Regional opportunities for vessels to fully harvest Administrator is removing the 15,000–lb National Oceanic and Atmospheric the GB yellowtail flounder TAC under (6,804.1–kg) trip limit for NE Administration the authority of the Magnuson-Stevens multispecies DAS vessels fishing in the Fishery Conservation and Management U.S./Canada Management Area, 50 CFR Part 648 Act (Magnuson-Stevens Act). effective March 24, 2006, through April [Docket No. 04011–2010–4114–02; I.D. DATES: Effective March 24, 2006, 30, 2006. Accordingly, there is no limit 032406B] through April 30, 2006. on the amount of GB yellowtail flounder FOR FURTHER INFORMATION CONTACT: that can be harvested or landed for the Magnuson-Stevens Fishery Mark Grant, Fishery Management remainder of the fishing year for vessels Conservation and Management Act Specialist, (978) 281–9145, fax (978) subject to these regulations. Provisions; Fisheries of the 281–9135. Classification Northeastern United States; Northeast SUPPLEMENTARY INFORMATION: (NE) Multispecies Fishery; Modification Regulations governing the GB yellowtail This action is authorized by 50 CFR of the Yellowtail Flounder Landing flounder landing limit within the U.S./ part 648 and is exempt from review Limit for the U.S./Canada Management Canada Management Area are found at under Executive Order 12866. Area 50 CFR 648.85(a)(3)(iv)(C) and (D). The Pursuant to 5 U.S.C. 553(b)(B), the AGENCY: National Marine Fisheries regulations authorize vessels issued a Assistant Administrator (AA) finds good Service (NMFS), National Oceanic and valid limited access NE multispecies cause to waive prior notice and Atmospheric Administration (NOAA), permit and fishing under a NE opportunity for public comment for this Commerce. multispecies DAS to fish in the U.S./ action, because notice and comment ACTION: Temporary rule; landing limit. Canada Management Area, as defined at would be impracticable and contrary to § 648.85(a)(1), under specific the public interest. The regulations at SUMMARY: NMFS announces that the conditions. The TAC for GB yellowtail § 648.85(a)(3)(iv)(D) grant the Regional Administrator, Northeast (NE) Region, flounder for the 2005 fishing year (May Administrator the authority to adjust the NMFS (Regional Administrator), is 1, 2005 - April 30, 2006) is 4,260 mt. GB yellowtail flounder trip limits to removing the Georges Bank (GB) The regulations at § 648.85(a)(3)(iv)(D) prevent over-harvesting or under- yellowtail flounder trip limit for NE authorize the Regional Administrator to harvesting the TAC allocation. Given multispecies days-at-sea (DAS) vessels increase or decrease the trip limits in that approximately 25 percent of the GB fishing in the U.S./Canada Management the U.S./Canada Management Area to yellowtail flounder TAC remains Area. This action is authorized by the prevent over-harvesting or under- unharvested and the 2005 fishing year regulations implementing Amendment harvesting the TAC allocation. Based ends on April 30, 2006, the time

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