Proposed Import Prohibitions on Wildlife Specimens and Products of Taiwan Pursuant to the Pelly Amendment; Request for Public Comment

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Proposed Import Prohibitions on Wildlife Specimens and Products

of Taiwan Pursuant to the Pelly Amendment; Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of Presidential determination to prohibit the

importation of wildlife specimens and products of Taiwan pursuant to

section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978)

(the ``Pelly Amendment''); request for public comment.

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SUMMARY: The President has determined to apply import prohibitions

against Taiwan pursuant to section 8 of the Fishermen's Protective Act

of 1967 (22 U.S.C. 1978)(the ``Pelly Amendment'') in response to

Taiwan's failure to undertake sufficient actions to stop illegal trade

in internationally recognized endangered species. The President has

proposed to apply the import prohibitions against wildlife specimens

and products of Taiwan. The Trade Policy Staff Committee (TPSC) seeks

public comment concerning the proposed action, in particular the

specific product coverage of the import prohibitions.

DATES: Written comments from interested persons are requested by May

31, 1994.

ADDRESSES: Office of the U.S. Trade Representative, 600 17th Street

NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: For general information, Diane

Wildman, Director for Press Relations (202) 395-3350, or Jane Earley,

Director for Natural Resources (202) 395-7320. For technical

information concerning product coverage, and wildlife enforcement and

import clearance procedures, contact Jerome Smith or Frank Shoemaker,

Division of Law Enforcement, United States Fish and Wildlife Service,

at (703) 358-1949. For information on the reasons for the Pelly

Amendment certification of Taiwan contact Mr. Marshall Jones, or Dr.

Susan Lieberman, Office of Management Authority, United States Fish and

Wildlife Service, at (703) 358-2093.

SUPPLEMENTARY INFORMATION: On November 8, 1993, the President reported

to the Congress pursuant to section 8(b) of the Fishermen's Protective

Act of 1967 (22 U.S.C. 1978)b)) (the ``Pelly Amendment'') on the issue

of trade by the People's Republic of China (PRC) and Taiwan in

rhinoceros and tiger parts and products. The report followed the

certification by the Secretary of the Interior that this trade was

diminishing the effectiveness of the Convention on International Trade

in Endangered Species of Wild Fauna and Flora (CITES). Five rhinoceros

species and the tiger are listed in Appendix I of CITES, which means

that the species are threatened with extinction and no trade for

primarily commercial purposes is allowed.

The President reported that although ``recent actions by the PRC

and Taiwan show that some progress has been made in addressing their

rhinoceros and tiger trade, the record demonstrates that they still

fall far short of the international conservation standards of CITES.''

The President suggested actions that the PRC and Taiwan could take that

would demonstrate their commitment to the elimination of the trade and

stated that the United States is prepared, through close dialogue and

technical aid, to assist them in their efforts. However, the report

concluded that, if measurable, verifiable and substantial progress were

not made by March 1994, import prohibitions will be necessary, as

recommended by the CIGES Standing Committee at its September 1993

meeting.

The suggested actions in the November 8 report, based on criteria

established by CITES for adequate legislative measures and enforcement

that effectively eliminates the trade, were further amplified in

letters dated December 21, 1993, to the Chairman of the Council of

Agriculture and the Minister of Economic Affairs in Taipei from the

Secretary of the Interior, and by CITES and U.S. delegation visits to

the PRC and Taiwan in January, February and March 1994. However, at its

March 1994 meeting, the CITES Standing Committee noted the progress

made by the PRC while pointing out that further actions are still

needed. With respect to Taiwan, CITES expressed ``concern that the

actions agreed by the authorities in Taiwan, * * * towards meeting the

minimum requirements have not yet been implemented.''

Although Taiwan has made efforts to address the problem, as a

result of the lack of sufficient progress in the key areas identified

in the November 8 report, the President decided to direct the Secretary

of the Treasury, working with the Secretary of the Interior, to

prohibit the bringing or the importation into the United States of

wildlife specimens and products of Taiwan, and that the precise

products subject to the import prohibition will be determined after

viewing public comments received.

While the Pelly Amendment provides the authority to impose a

greater level of import prohibitions, this level was deemed appropriate

at this time. The situation in Taiwan will continue to be reviewed and

U.S. authorities will continue to try to assist Taiwan in effecting

meaningful results in the effort to eliminate the illegal trade. The

import prohibitions, once imposed, will remain in effect until the

President determines that sufficient progress has been made by Taiwan

in securing significant reductions in the illegal commerce in the

species, taking into account relevant findings of the CITES Standing

Committee.

The products eligible for the import prohibitions were chosen based

on the CITES Standing Committee recommendation, and cover wildlife

specimens, parts and products thereof, that are products of Taiwan and

are defined below. All imports from Taiwan which are eligible products

will be prohibited unless otherwise indicated upon completion of the

review of public comments. In making the determination of final product

coverage, public comments submitted in accordance with the requirements

set forth below will be considered.

It is expected that a final notice of the wildlife and wildlife

products subject to the import prohibitions will be published in the

Federal Register within approximately two weeks of the close of the

public comment period, and that the import prohibitions will apply to

wildlife and their parts and products exported from Taiwan beginning

ten days after the date of publication of the final notice.

Public Comment Requirements for Submission

The TPSC invites all interested persons to provide written comments

concerning the proposed action, specifically regarding economic and

environmental effects of the proposed import prohibitions, including:

(1) The appropriateness of prohibiting the importation of any

particular product;

(2) The degree to which prohibiting the importation of any

particular product might have an adverse effect upon U.S. consumers of

the product; and

(3) Additional actions, not limited to trade restrictions, that

would help bring about an end to illegal trade in these endangered

species.

Comments must be filed in English and provided in ten copies to:

Carolyn Frank, Secretary, Trade Policy Staff committee, Office of the

United States Trade Representative, 600 17th Street, NW., room 414,

Washington, DC 20506.

Submissions will be available for public inspection by appointment

with the staff of the USTR Public Reading Room, except for confidential

business information exempt from public inspection in accordance with

15 CFR 2003.6. Confidential business information must be clearly marked

``Business Confidential'' at the top of the cover letter or page and

each succeeding page in each of the 10 copies, and must be accompanied

by a nonconfidential summary of the confidential information. The

nonconfidential summary will be placed in the file that is open to

public inspection.

Product Coverage

Import prohibitions will apply to ``wildlife specimens and parts

and products'' of Taiwan. For purposes of this action, the term

``wildlife specimens and parts and products'' includes ``fish or

wildlife'' or products of ``fish or wildlife'' as defined in the

``Lacey Act'' (16 U.S.C. 3371);

The term ``fish or wildlife'' means any wild animal, whether

alive or dead, including without limitation any wild mammal, bird,

reptile, amphibian, fish, mollusk, crustacean, arthropod,

coelenterate, or other invertebrate, whether or not bred, hatched,

or born in captivity, and includes any part, product, egg, or

offspring thereof.

The wildlife and wildlife parts and products covered by this

definition are those whose importation, exportation and transportation

is governed by regulations administered by the Fish and Wildlife

Service at 50 CFR part 14. These items are those for which a Fish and

Wildlife Declaration is required (Form 3-177, ``Declaration for

Importation or Exportation of Fish or Wildlife'').

For purposes of this action, ``plants, alive or dead, and their

products'' will not be covered, nor will ``shellfish and fishery

products imported for human or animal consumption,'' as they are

exempted from the wildlife importation and declaration requirements by

50 CFR 14.21.

An analysis of wildlife and its parts and products of Taiwan

falling within the above definition, using import records compiled by

the U.S. Fish and Wildlife Service from completed Forms 3-177 indicate

the total declared value of wildlife imports from Taiwan was

approximately $22 million in 1992, the most recent year for which these

data are available. The major categories of wildlife and wildlife parts

and products imported from Taiwan include:

(1) Reptile leather shoes, handbags, etc.

(2) Jewelry made from coral, mussel shells and bone:

(3) Edible frogs' legs;

(4) Live goldfish and tropical fish for the aquarium trade; and

(5) Bird feathers, down, and specimens.

Although an exhaustive listing of the tariff headings of the

Harmonized Tariff Schedule of the United States (HTS) corresponding to

the Lacey Act definition is not available, the Department of Interior

(Fish and Wildlife Service) is able to provide indicative information

to interested parties. Since the HTS and Lacey Act definitions do not

correspond, even indicative listings of HTS item numbers must be

examined carefully in light of the Lacey Act definition to obtain an

accurate assessment of product coverage.

Frederick L. Montgomery,

Chairman, Trade Policy Staff Committee.

[FR Doc. 94-10166 Filed 4-26-94; 8:45 am]

BILLING CODE 3190-01-M