Endangered and Threatened Wildlife and Plants; Proposed Reclassification of Saltwater Crocodile Population in Australia From Endangered to Threatened and Listing of Saltwater Crocodile Population in Papua New Guinea as Threatened by Reason of Similarity of Appearance; Special Rule for the Saltwater and Nile Crocodiles

SUMMARY: The Fish and Wildlife Service (Service) proposes reclassifying

the saltwater crocodile (Crocodylus porosus) in Australia from

endangered to threatened, and the Papua New Guinea population as

threatened by reason of similarity of appearance under the provisions

of the U.S. Endangered Species Act (ESA) of 1973. The saltwater

crocodile has been listed as endangered throughout its range since

1979, except the Papua New Guinea population, which has never been

listed. A special rule is also proposed that would allow for the

importation of certain specimens of saltwater crocodiles from Australia

and Papua New Guinea into the United States in the course of a

commercial activity provided that such import is consistent with the

requirements of the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES) and certain other provisions.

This proposal also reproposes the special rule for the Nile crocodile

(Crocodylus niloticus) and will be consistent with the proposed special

rule for the saltwater crocodile. When the Service previously proposed

reclassifying the Nile crocodile from endangered to threatened status,

the comments received on the proposed special rule that accompanied

that proposed reclassification led the Service to repropose the special

rule.

DATES: Comments from all interested parties must be received by July

18, 1994. Public hearing requests must be received by June 3, 1994.

ADDRESSES: Comments, information, and questions should be submitted to

the Chief, Office of Scientific Authority; Mail Stop: Room 725,

Arlington Square; U.S. Fish and Wildlife Service; Washington, DC 20240.

Fax number (703) 358-2276. Express and messenger delivered mail should

be addressed to the Office of Scientific Authority; room 750, 4401

North Fairfax Drive; Arlington, Virginia, 22203. Comments and other

information received will be available for public inspection, by

appointment, from 8 a.m. to 4 p.m., Monday through Friday, at the

Arlington, Virginia, address.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of

Scientific Authority, at the above address, or by phone at (703) 358-

1708.

SUPPLEMENTARY INFORMATION:

Background

This proposal is organized by first presenting a full discussion of

the saltwater crocodile, then a brief listing history on the Nile

crocodile reclassification, followed by a review of available

conservation measures including a description of and effects of the

proposed special rule for both the saltwater and the Nile crocodiles.

I. The Saltwater Crocodile

A. Status and Listing History

The saltwater or estuarine crocodile (Crocodylus porosus) ranges

from southwest India and along its eastern coast, throughout Southeast

Asia and through the Pacific Islands as far east as Fiji and south to

the northern coast of Australia. The majority of populations have been

reported from the following countries:

Australia, Bangladesh, Burma, Cambodia, India, Indonesia, Malaysia,

Papua New Guinea, Sri Lanka, Thailand, the Philippines, and Vietnam. It

is the largest crocodilian species, reaching lengths well over 20 feet

(6.1 meters). The species inhabits estuaries, mangrove swamps, and

tidal reaches of rivers (The World Conservation Union (IUCN) 1975).

At the 1979 meeting of the Parties to CITES, the saltwater

crocodile was transferred from Appendix II to Appendix I, except for

the population in Papua New Guinea which was retained on Appendix II.

On December 16, 1979 (44 FR 75074), the Service listed all saltwater

crocodile populations outside of Papua New Guinea as endangered. Both

of these actions were taken because the species had suffered serious

losses of habitat throughout most of its range and it had been subject

to extensive poaching for its hide. At their 1985 meeting, the CITES

Parties voted to transfer the Australian population from Appendix I to

Appendix II of CITES pursuant to resolution Conf. 3.15 (ranching) and

to transfer the Indonesian population from Appendix I to Appendix II

pursuant to resolution Conf. 5.21, making Indonesia subject to export

quotas approved by the Parties. Under current Australian law, the

effect of this action was to allow trade in captive-bred specimens and

specimens taken from approved crocodile farm operations based on

controlled collecting of eggs or hatchlings or nuisance animals from

the wild.

In June 1990, the Service received a petition from the Australian

National Parks and Wildlife Service (ANPWS) requesting the

reclassification of the captive (i.e., captive-bred and ranched)

populations of saltwater crocodile in Australia from endangered to

threatened. The petition contained information on the management of

wild and captive populations, population surveys, and legal status. The

Service had previously reviewed almost the same information, which was

considered substantial, and the Service was in the process of preparing

a proposed rule based on the earlier information when the petition was

received. On September 27, 1990, the Service, acting on this assessment

but without issuing a formal finding, published a proposed rule (55 FR

39489) to reclassify the Australian population of the saltwater

crocodile to threatened status. The proposed rule included a special

rule which allowed for the commercial import of parts and products of

ranched saltwater crocodiles from Australia directly into the United

States, or through a third party if that receiving country was a CITES

member that filed annual CITES trade reports and any re-exporting

country was also a CITES member. In the absence of a required universal

tagging system for crocodilian skins, however, trade controls were

considered insufficient to justify uncontrolled trade through third

parties.

Publication of the final rule was delayed beyond the 12 months

normally allowed because of concerns about allowing trade in products

of one crocodilian species without adequate control of trade in other

crocodilians and pending acceptance of universal tagging procedures for

crocodilian skins in international trade. Resolution Conf. 8.14 adopted

at the 1992 Meeting of the Conference of the Parties in Kyoto, Japan,

established a new marking system that will provide for strict

regulation of trade in all crocodilian skins. The new marking program

should be in place as of January 1995.

B. Summary of Comments on the Earlier Proposed Rule on the Saltwater

Crocodile

In the Federal Register of September 27, 1990, (55 FR 39489) the

Service announced that available information indicated that both wild

and captive populations of saltwater crocodiles in Australia should be

reclassified from endangered to threatened, and issued a proposed rule

to that effect. In that proposal, all interested parties were requested

to submit comments and information that might contribute to the

development of a final rule.

Nine comments were received: two from ANPWS; one from the

Australian Commonwealth Scientific Industrial Research Organization

(CSIRO), Division of Wildlife and Ecology; three from the trade

industry; and one each from the IUCN Crocodile Specialist Group for

Eastern Asia, the World Wide Fund for Nature-Australia, and TRAFFIC-

USA. All supported the proposed reclassification, but some had

objections to the proposed special rule.

The ANPWS fully supported the reclassification of the Australian

population of Crocodylus porosus. Dr. Graeme Caughley, Chief Research

Scientist of CSIRO, stated that he saw no reason that ESA and CITES

should necessarily coincide, but in the case of the Australian

saltwater crocodile, he favored the controls on trade that were

established under CITES.

Dr. Grahame Webb, Vice Chairman for Eastern Asia--Crocodile

Specialist Group, supported the proposed changes. He reported that

crocodile populations within Australia are particularly well-managed

and that all skins exported are tagged and clearly identified as having

come from Australia. Several crocodile farmers and traders (Crocodile

Farmers Association of Australia, G. Webb Pty. Ltd., and Mainland

Holding Pty. Ltd.) all supported the reclassification of the saltwater

crocodile in Australia to threatened status. They stated that the

detailed survey work confirming the expansion of populations and

monitoring of habitat justifies this action. The recovery of the

population in Australia since protection and the present management of

and research on the species was said to warrant the proposed change in

regulation by the Service.

World Wide Fund for Nature (WWF-Australia) wrote that it had no

objections to the reclassification of Crocodylus porosus populations in

Australia from endangered to threatened, bringing the designation in

line with the current CITES listing. This was only supported, however,

in full recognition of the conservation status (vulnerable) recently

assigned to the species by the IUCN (IUCN 1990). TRAFFIC USA furnished

helpful comments on the special rule and the reporting requirements as

called for under Article VIII of CITES.

C. Explanation of Proposed Rule for the Saltwater Crocodile

This proposed rule, if made final, would revise Sec. 17.11(h) to

reclassify the Australian population of the saltwater crocodile from

endangered to threatened. Since it is difficult to distinguish between

the skins and products derived from different saltwater crocodile

populations, the Service also proposes to revise Sec. 17.11(h) to list

the saltwater crocodile population of Papua New Guinea as threatened by

similarity of appearance.

The Australian and Papua New Guinea populations are defined by

distinct geo-political boundaries that delineate an area representing a

significant portion of the range of the species. In addition, both

populations are biologically significant in maintaining variability of

the species and in preventing the further decline of the species.

Consistent with the requirements of sections 3(3) and 4(d) of the

ESA, this proposed rule also would amend Sec. 17.42 by adding a new

paragraph to allow for the commercial importation of certain specimens

from Australia and Papua New Guinea into the United States without a

threatened species permit but pursuant to CITES trade controls and

marking requirements and certain other specified criteria (provisions

of the proposed special rule are described later in this notice). Under

CITES, Australia may export saltwater crocodile skins, meat, or

products only if the specimen is captively bred in a breeding system

that is generally maintained without augmentation from the wild, or the

specimen is derived from a crocodile farm operation following CITES

ranching provisions and under an approved management program.

D. Summary of Factors Affecting the Australian Population of Saltwater

Crocodile

Section 4(a)(1) of the ESA (16 U.S.C. 1531 et seq.) and regulations

promulgated to implement the listing provisions of the ESA (50 CFR part

424) set forth five factors to be used in determining whether to add,

reclassify, or remove a species from the list of endangered and

threatened species. These factors and their applicability to

populations of the saltwater crocodile in Australia are as follows:

1. The present or threatened destruction, modification, or

curtailment of its habitat or range. The saltwater crocodile occupies a

variety of tidal and non-tidal habitats across northern Australia from

Maryborough on the Queensland east coast to Broome on the Western

Australian west coast. The Northern Territory has more extensive areas

of prime saltwater crocodile habitat than either Queensland or Western

Australia (report from the Australian National Parks and Wildlife

Service (ANPWS) 1990, titled, ``Evidence in Support of a Petition by

Australia to the U.S. Fish and Wildlife Service to Remove Captive

Populations of the Saltwater Crocodile, Crocodylus porosus, in

Australia from the Endangered Species List under the U.S. Endangered

Species Act 1973''--copy on file with the Office of Scientific

Authority). Exploitation of crocodiles in Australia began on a large

scale in the late 1940's and extended into the early 1970's. During

this time, populations in the rivers along the north coast were nearly

extirpated with only small scattered populations remaining (King et al.

1979). Export of saltwater crocodiles and their parts from Australia

was prohibited in 1972. Today, the habitats are largely intact across

the whole of northern Australia, and the species occupies the whole of

its known historical range within the country. The species is protected

in the three states where it occurs (the Northern Territory,

Queensland, and Western Australia). Management programs allowing

limited utilization of wild stocks for crocodile farm operations have

been implemented by the states in light of the crocodile's increasing

population size.

According to the ANPWS (ANPWS 1990, op. cit.), the Northern

Territory population of saltwater crocodiles has undergone significant

recovery since protection from hunting in 1972. Analysis of all

available monitoring results from 1975 to 1987 shows that the density

of wild saltwater crocodiles in tidal rivers has tripled since

surveying began. In 1984, Webb et al. (1989) estimated the total

Northern Territory population of the saltwater crocodile to be at least

40,000 individuals. Between 1984 and 1987, monitoring results indicated

that the tidal population increased by 16.5 percent. Assuming that this

rate of increase can be applied to the population as a whole, the

minimum estimate for 1989 would be 46,000 crocodiles in the Northern

Territory.

Extensive helicopter surveys across the entire range of habitat

types present in Cape York Peninsula, Queensland, resulted in the

sighting of some 2,400 animals. Actual population numbers are likely to

be considerably higher. It is not possible to derive an estimate of

absolute numbers for Queensland, but sampling of potentially suitable

habitats yielded an average density index of 0.77 crocodile/km of

waterway. Surveys in 1977-78 resulted in a population estimate of about

2,000 crocodiles beyond the hatchling stage for Western Australia. The

population was estimated at 2,500 crocodiles beyond the hatchling stage

when it was resurveyed in 1986.

2. Over-utilization for commercial, recreational, scientific, or

educational purposes. Population estimates of saltwater crocodiles in

Australia were not made prior to 1970. Over- exploitation for the skin

trade and persecution as undesirable wildlife began in the late 1940's

and did not subside until hunting was banned in 1972. The export of

saltwater crocodiles and their parts from Australia was prohibited in

1972 by an amendment of the customs regulations. By that time, many

accessible populations had become seriously threatened with

extirpation. With the enactment of state and territorial protection

laws [Wildlife Conservation and Control Ordinance (1962)--Northern

Territories; the Fauna Conservation Act (1974)--Queensland; and the

Wildlife Conservation Act (1950)--Western Australia], the populations

showed an immediate response and have tripled in numbers since

surveying began in the late 1970's (ANPWS 1990, op. cit)

At the 1985 meeting of the Conference of the Parties to CITES, the

Australian saltwater crocodile population was transferred from Appendix

I to Appendix II, pursuant to resolution Conf. 3.15 on ranching. This

provides for trade in saltwater crocodiles bred in captivity or raised

on farms under approved management plans. The transfer was recommended

by the Australian Council of Nature Conservation Ministers and IUCN

Crocodile Specialist Group. The Australian CITES proposal to transfer

the Australian population of saltwater crocodile to Appendix II to

allow trade under the ranching provision was based on a series of

experimental egg harvests and quantification of the impacts of those

harvests. No discernible impact of this egg harvest has been detected

on the number of crocodiles in subsequent age classes. Australia allows

a regulated annual harvest of crocodile eggs for farm operations under

approved management plans. The effects of the egg harvests are

quantified and assessed through monitoring programs in the harvested

areas. Approval to harvest eggs incorporates a commitment that if any

decline in the wild population were to occur, a larger number of 1-year

old crocodiles would be returned to the wild than would have survived

had no eggs or hatchlings been removed from the wild. At the present

time, only the Northern Territory and Western Australia have approved

management plans under which the harvest of eggs is allowed for

ranching operations.

According to information provided by the Australian National Parks

and Wildlife Service (ANPWS 1990, op. cit.), the capture and relocation

of nuisance crocodiles can only be authorized by State government

personnel.

In the Northern Territories, nuisance animals are caught alive and

relocated to farms whenever practical. In other cases, they are

destroyed by Northern Territory Conservation Commission personnel. In

Western Australia, problem crocodiles are captured and removed, or

where the level of risk to humans is unacceptable, permission to kill

the crocodile may be given. In both States, those problem animals

relocated to farms are individually marked and, if not required for

captive breeding, are available for harvest after they have been

maintained in captivity for a minimum of 30 days. In Queensland,

crocodiles may be removed to provide breeding stock for closed-cycle

farms. Nuisance animals may be removed to provide breeding stock or

destroyed where other options are not available.

Traditional harvest of crocodiles and crocodile eggs for food by

Aborigines of the Northern Territory is allowed. However, the low level

of traditional harvests is not considered a threat to the populations.

Traditional use does not include commercial trade.

Ranched and captive-bred crocodile parts and products are exported

from three establishments under an approved management program in the

Northern Territory. A management program that would allow ranching

operations in Western Australia is under development. One farm in

Queensland exports products derived solely from captive-bred

crocodiles.

3. Disease or predation. None known at this time.

4. The inadequacy of existing regulatory mechanisms. The saltwater

crocodile is recognized as a valuable resource in Australia, where laws

and regulations are in place to prevent over- exploitation of these

animals. Since the ban on hunting in 1972, saltwater crocodile

populations have substantially increased in numbers. State wildlife

laws govern the take, possession, and trade in saltwater crocodiles.

Also, the Commonwealth Wildlife Protection (Regulation of Exports and

Imports) Act of 1982, administered by the ANPWS, helps to protect

wildlife that might otherwise be threatened by unregulated export.

Under this Act, export of saltwater crocodiles, their parts and

products requires an export permit. Permits may be issued only for

scientific purposes, or for specimens derived from captive-bred

animals, or animals taken under an approved management program. Maximum

penalties for violations of the Act are a AUS$100,000 fine and/or 5

years imprisonment for individuals, and AUS$200,000 for corporations.

The substantial increase in maximum penalties for attempting to

illegally export saltwater crocodile skins from Australia (from $1,000

up to $200,000) is considered to be an effective deterrent. In addition

to legislation and policies regulating take within Australia, export of

saltwater crocodiles is regulated by CITES, to which Australia is a

party.

Regulation of take has been a factor in the continued improvement

of Australia's saltwater crocodile populations in the wild. This

significant improvement has prompted the Service to propose

reclassification of the saltwater crocodile in Australia from

endangered to threatened.

5. Other natural or manmade factors affecting its continued

existence. A comprehensive system of nature conservation reserves has

been developed, so that approximately 40 million hectares of all

habitats throughout Australia, or 5.5 percent of the total land

surface, is reserved under different categories. Parks, reserves, and

sanctuaries in Northern Australia provide a mosaic of areas in which

crocodiles and their habitats are protected. Significant areas of

crocodile habitat are contained in at least six parks or nature

reserves. In addition, nearly 37 million hectares are protected under

various state and national marine and estuarine protected area

categories. The Cobourg Peninsula Marine National Park was declared in

1983 to protect, among other species, the saltwater crocodile.

The Service has carefully assessed the best biological and

commercial information with respect to past, present, and future

threats faced by the species in issuing this proposed rule. Criteria

for reclassification of a threatened or endangered species (50 CFR

424.11 (c) and (d)) are the same as for listing a species as endangered

or threatened. The proposed action is to reclassify Australia's

saltwater crocodile populations from endangered to threatened, based on

continuing recovery of the species. A special rule amending 50 CFR

17.42 to allow for the importation of specimens into the United States

without a threatened species permit is also proposed. This proposed

rule is based on substantial evidence that Australia's populations of

the saltwater crocodile have made a remarkable recovery and are no

longer in imminent danger of extinction.

Surveys conducted in the late 1980's indicated populations of at

least 50,000. Populations are estimated to have increased three-fold

between 1975 and 1987. The species is protected in the three

jurisdictions in which it occurs and there are closely regulated

crocodile farm operations. In light of increasing populations,

Australia's strict regulation of harvest, and the requirement of a

management program prior to approval of crocodile farm operations,

several threats to the existence of the saltwater crocodile in

Australia have been ameliorated. Therefore, the Service believes that

reclassification to threatened best fits the current status of

saltwater crocodile populations in Australia.

Other populations throughout the species' range are still in danger

of extinction, to varying degrees, by taking. Penalties for illegal

exports and enforcement activities will help ensure that illegal skins

or products do not enter into commercial trade. Because crocodiles of

the Australian population cannot be distinguished from saltwater

crocodiles of other populations and from other endangered crocodilians

once made into manufactured products, the Service is proposing a

special rule to strengthen the implementation of the CITES skin-tagging

program (see description presented later in this notice).

The proposed reclassification to a threatened status and adoption

of a special rule allowing commercial trade under certain conditions

would not end trade controls for the species. The species remains on

Appendix II of CITES with export permits required, and the special rule

would require adherence to the CITES marking scheme for crocodilian

skins, among other things discussed later in this document when

provisions of the special rule are described. Trade in legally

harvested saltwater crocodile skins, meat, and products, when

controlled as specified in the special rule, will provide an incentive

for conserving the species without posing significant risks to wild

populations.

E. Summary of Criteria To List the Papua New Guinea Populations as

Threatened by Similarity of Appearance

The Papua New Guinea population of the saltwater crocodile is not

listed at present under the ESA. In determining whether to treat a

species as endangered or threatened due to similarity of appearance,

the Director must consider the criteria in section 4(e) of the ESA.

Section 4(e) of the ESA (16 U.S.C. 1534(e)) and 50 CFR 17.50(b) set

forth three criteria in determining whether to list a species for

reasons of similarity of appearance. These factors and their

applicability to populations of the saltwater crocodile in Papua New

Guinea are as follows:

1. The degree of difficulty enforcement personnel would have in

distinguishing the species, at the point in question, from an

endangered or threatened species (including those cases where the

criteria for recognition of a species are based on geographical

boundaries). The different populations of saltwater crocodile are

morphologically indistinguishable. It is impossible to distinguish the

different geographical populations as live animals, skins or finished

products. Thus, Papua New Guinea saltwater crocodiles, their parts and

products cannot be distinguished as to origin by law enforcement

personnel.

2. The additional threat posed to the endangered or threatened

species by loss of control occasioned by similarity of appearance. The

primary threat to other saltwater crocodile populations is the

difficulty of identifying skins and products by geographic region as

discussed above.

3. The probability that so designating a similar species will

substantially facilitate enforcement and further the purposes and

policy of the ESA. The populations of saltwater crocodiles in

Australia, Indonesia, and Papua New Guinea are listed on CITES Appendix

II and are traded in international commerce. The Indonesian population,

although listed as endangered by the United States, is traded among

other CITES parties subject to a CITES export quota. International

protection has not resulted in complete cessation of illegal trade in

other populations. Only specimens and parts and products from Papua New

Guinea (and under this proposal, from Australia) may be imported into

the United States. Designation of the Papua New Guinea population as

threatened by similarity of appearance will help the United States to

control illegal trade of other protected saltwater crocodile

populations. Due to the difficulty in distinguishing crocodiles from

the Papua New Guinea population from other populations of saltwater

crocodiles and from other endangered crocodilians once made into

manufactured products, the Service is proposing rules to strengthen the

implementation of the new CITES skin tagging program (see description

presented later in this notice).

Special Rule for Nile and Saltwater Crocodiles

A. Nile Crocodile Listing History

Historically, the Nile crocodile (Crocodylus niloticus) was

widespread throughout Africa and Middle East as far north as Syria.

Presently, it is confined chiefly to the upstream regions of the Nile

River, tropical and southern Africa, and Madagascar. The Nile crocodile

was listed as endangered in 1970 (35 FR 8495) and on Appendix I of the

CITES in 1975 (when CITES came into force) because of the widespread

decline of the species. Since that time, a number of African countries

have recognized the value of the Nile crocodile for its ecological role

and as a source of sustainable economic benefit under proper

management, especially through ranching for a controlled harvest of

skins.

Of the countries that have started ranching operations, Zimbabwe

appears to have the best information on wild crocodile populations.

Improvements in the status of Nile crocodile populations and their

management have prompted the CITES Parties to transfer 11 national

populations to Appendix II, allowing commercial trade either under

provisions of the ranching resolutions Conf. 3.15 and 8.22 or subject

to export quotas established by agreement of the Parties as per

resolutions Conf. 5.21, 6.17, and 7.14. Populations in Botswana,

Ethiopia, Kenya, Malawi, Mozambique, Tanzania, Zambia, and Zimbabwe

have been transferred to Appendix II based on ranching provisions,

while populations in Madagascar, South Africa, and Uganda are permitted

under CITES approved export quotas. However, commercial trade is not

allowed from the remaining Nile crocodile range countries.

In the August 3, 1992, Federal Register (57 FR 34095), the Service

proposed reclassifying the Nile crocodile from endangered to threatened

status with a special rule allowing for commercial importation of skins

and finished products thereof. Two organizations, the IUCN Crocodile

Specialist Group, and SAVE African Endangered Wildlife Foundation

supported the reclassification of the Nile crocodile from endangered to

threatened. The ANPWS, the Crocodile Farmers Association of Zimbabwe

(CFAZ) and TRAFFIC USA also supported the reclassification but

expressed concern about a provision of the proposed special rule.

Therefore, the Service proceeded to downlist the Nile crocodile to

threatened status on September 23, 1993, (58 FR 49870) but without any

change in the special rule, which presently applies only to Zimbabwe.

B. Comments Received on Proposed Special Rule With Nile Crocodile

Proposal

ANPWS, CFAZ, and TRAFFIC USA especially objected to the proposed

paragraph (c)(1)(ii)(C) of Sec. 17.42 that would require crocodile skin

products to either be tagged or to be accompanied by CITES documents

containing the same information as is on the tags for the crocodiles

from which the manufactured products were obtained. ANPWS stated that

the control of skins removes the need to require every manufactured

product to be marked, and also indicated that since Australian skins

used in product production in Australia are not tagged it would not be

possible to record the tag numbers of these products on the CITES

permits. CFAZ raised the same concerns as ANPWS. It also expressed the

concern that the requirements of this paragraph were unenforceable and

urged that it be deleted. TRAFFIC USA also supported the

reclassification but expressed the belief that proposed paragraph

(c)(1)(ii)(C) is impractical and unenforceable. It noted that ``because

of the complexities of the crocodilian product manufacturing industry,

and the regular movement of skins, skin parts, and product parts

between manufacturers, this requirement. . . . will be impossible to

meet.'' Furthermore, TRAFFIC USA expressed support for establishing ``a

water-tight system of controlling trade in the raw material.''

The Service recognizes the concerns presented by ANPWS, CFAZ, and

TRAFFIC USA, and agrees with TRAFFIC USA in seeking to strengthen the

control in the trade in whole and partial skins. Therefore, the Service

is proposing in this notice a revised special rule that would replace

the present Sec. 17.42(c) and that is significantly different from the

proposed special rule accompanying the proposed rule to reclassify the

Nile crocodile. The presently proposed special rule removes the

requirement to keep track of each CITES crocodilian skin tag number

through the product manufacturing process and to record the CITES tag

numbers on the export permits issued for crocodilian products, but adds

provisions designed to supplement the provisions of the universal

tagging system being implemented by the CITES Parties. A discussion of

the special rule and of the CITES tagging resolution is presented in a

later paragraph on ``Description of Proposed Special Rule.''

C. Available Conservation Measures for Nile and Saltwater Crocodiles

Conservation measures provided to foreign species listed as

endangered or threatened under the ESA include recognition,

requirements for Federal protection, and prohibitions against certain

practices. Recognition through listing encourages and results in

conservation actions by governments, private agencies and groups, and

individuals.

Section 7(a) of the ESA, as amended, requires Federal agencies to

evaluate their actions that are to be conducted within the United

States or on the high seas, with respect to any species that is

proposed or listed as endangered or threatened and with respect to its

critical habitat, if any is being designated. Regulations implementing

this interagency cooperation provision of the ESA are codified at 50

CFR part 402.

Section 7(a)(2) of the ESA, as amended, requires Federal agencies

to ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or to

destroy or adversely modify its critical habitat. If a proposed Federal

action may affect a listed species, the responsible Federal agency must

enter into formal consultation with the Service. With respect to the

Nile crocodile or to the saltwater crocodile in Australia, no Federal

activities are known that would require conferral or consultation.

In general, sections 4(d) and 9 of the ESA and implementing

regulations found at 50 CFR 17.31 (which incorporate certain provisions

of 50 CFR 17.21) set forth a series of prohibitions and exceptions that

generally apply to all threatened wildlife. These prohibitions, in

part, make it illegal for any person subject to the jurisdiction of the

United States to take, import or export, ship in interstate commerce in

the course of a commercial activity, or sell or offer for sale in

interstate or foreign commerce any listed species. It also is illegal

to possess, sell, deliver, carry, transport, or ship any such wildlife

that has been taken illegally. Certain exceptions apply to agents of

the Service, the National Marine Fisheries Service, and State

conservation agencies.

In general, permits may be issued to carry out otherwise prohibited

activities involving threatened wildlife species under certain

circumstances. Regulations governing permits are codified at 50 CFR

17.32. With regard to threatened wildlife, a permit may be issued for

the following purposes: scientific, enhancement of propagation or

survival, economic hardship, zoological exhibition or educational

purposes, incidental taking, or special purposes consistent with the

ESA. All such permits must also be consistent with the purposes and

policy of the ESA as required by section 10(d). Such a permit shall be

governed by the provisions of Sec. 17.32 unless a special rule

applicable to the wildlife (appearing in Secs. 17.40 to 17.48) provides

otherwise.

Although threatened species are generally covered by all

prohibitions applicable to endangered species, under section 4(d) of

the ESA, the Secretary may propose special rules if deemed necessary

and advisable to provide for the conservation of the species. The rule

proposed to be included in Sec. 17.42 would allow commercial

importation into the United States of certain farm-raised specimens of

Australia's saltwater crocodile population, specimens of this species

from Papua New Guinea, and certain specimens of Nile crocodile

populations downlisted to Appendix II by CITES Parties under ranching

or quota provisions as provided for by CITES.

D. Description of Proposed Special Rule

The United States would allow import only of those specimens or

parts or products authorized to be exported under CITES. In addition,

the proposed special rule would not allow trade in such species with

countries that are not parties to CITES, that have taken reservations

for crocodilian species under CITES, that do not make required annual

reports to the CITES Secretariat, that have failed to designate

Management Authority(s) and Scientific Authorities, or that do not

adequately control illegal trade in crocodilian species. Importation of

parts of saltwater crocodiles directly from Australia or Papua New

Guinea, or parts of Nile crocodiles directly from countries with

Appendix II populations would also be allowed under certain

circumstances, if the country of origin implements provisions of the

universal tagging system.

1. Marking. International trade in certain crocodilians has

presented significant problems for the Parties; several resolutions

have been adopted at previous meetings of the Parties in an effort to

establish management regimes to benefit the conservation of the

species. The United States, in conjunction with Australia, Italy, and

Germany submitted a resolution to the CITES Secretariat that was

adopted at the eighth meeting of the Conference of the Parties in

Kyoto, Japan (March 2-13, 1992). This resolution (Conf. 8.14) calls for

a universal tagging system for the identification of crocodilian skins

in international trade. Furthermore, in accordance with resolution

Conf. 8.14, the Animals Committee at its July 1992 and September 1993

meetings adopted resolutions recommending additional practices for

tracking and monitoring tags.

Aspects of this resolution dealing with imports into the United

States are incorporated into this proposed rule, and U.S.

implementation of this resolution for import, export, and re-export for

all crocodilian species will be incorporated into a future revision of

50 CFR part 23. Adherence to the new marking requirements should reduce

the potential for substitution of illegal skins and reduce the trade

control problems with the similarity in appearance of skins and

products among different species of crocodilians.

Prior to implementation of Conf. 8.14. certain taxa listed in

Appendix II could be traded internationally without qualification or

assurance of their identification. The CITES resolution on the

universal tagging system for the identification of crocodilian skins

(Conf. 8.14) requires, in part: (1) The universal tagging of raw and

processed crocodilian skins with non-reusable tags for all crocodilian

skins entering trade or being re-exported, unless substantial

processing and manufacturing has taken place;

(2) That such non-reusable tags include as a minimum the

International Organization for Standardization two-letter code for the

country of origin, a unique serial identification number, a species

code and the year of production, and further that such non-reusable

tags have as a minimum the following characteristics: a self-locking

system, heat resistance, inertia to chemical and mechanical processing,

information that has been applied by permanent stamping [These

requirements have been further specified by the CITES Animals Committee

and, as a result, the Secretariat has identified manufacturers in three

countries that are producing CITES-acceptable tags] and,

(3) That the same information as is on the tags [for whole skins,

flanks, bellies, and ``chalecos''] be given on the export permit, re-

export certificate or other Convention document, or on a separate sheet

which shall be considered an integral part of the permit, certificate

or document and which should be validated by the same issuing

authority;

(4) That each Party in which tags are applied maintain records

accounting for tags issued and maintain records that relate each

Convention document number to the tags of the crocodilian specimens

traded thereunder and vice versa, and include this information in its

annual report; and

(5) That Parties establish, where legally possible, a system of

registration or licensing, or both, for importers and exporters of

crocodilian skins and parts thereof.

2. Special Rule. This proposed rule allows trade through

intermediary countries, i.e., all countries of re-export by definition,

for Nile and saltwater crocodiles as long as such countries are

effectively implementing CITES and they have adopted certain management

measures to control trade in crocodilian skins and products. Countries

are not considered as countries of re-export if the specimen remains in

customs control while transiting or being transshipped through the

country and provided those specimens have not entered into the commerce

of that country. The special rule is intended to complement and

strengthen the universal crocodilian tagging system as presently

envisioned in CITES resolution Conf. 8.14 and the implementing

resolutions prepared by the CITES Animals Committee. These measures

include effective inspection of shipments to determine if the CITES

country-of-origin tag is intact for skin imports and exports and

implementing a monitoring system that relates goods produced to tagged

skins received.

The purpose of this special rule is to address the monitoring

measures in the countries of re-export in order to have a more

accountable system for the transfer and processing of skins and

products in the commercial crocodilian trade. The United States is a

major importer of crocodilian products produced by countries of re-

export. The Service inspections of importations have revealed a

continuing pattern of commingling and misidentification of crocodilian

leathers. Accompanying CITES documents have often declared the

merchandise as American alligator when the product contains some

species of crocodile, or as crocodile, when the goods are made from

American alligator hide. The new CITES tagging system will represent a

significant step towards eliminating misidentification of skins as they

leave the country of origin. Since all American alligator skins are

tagged upon export from the country of origin, the problems of

commingling of alligator and crocodile clearly arise during the tanning

and manufacturing process.

In addition, there are several species of crocodiles throughout

Africa and Asia that remain listed as endangered. While identification

of crocodile versus alligator can be made consistently in manufactured

products, species identification of crocodile products is more

difficult. Despite these difficulties, various species of endangered

crocodilians have been identified in products declared as American

alligator or non-endangered crocodiles.

This special rule is proposed with the goal of ensuring adequate

control in the manufacturing countries to deter intermingling of the

protected populations of the Nile and saltwater crocodiles, as well as

the endangered populations of other crocodiles and alligators without

imposing the overburdensome requirement of tracking each piece through

the production process, and recording all incoming tag numbers on the

re-exporting permit for products. The new CITES tagging system does not

require that country of origin tags remain intact up to the point of

manufacture. Since the commingling problems described above principally

arise in the re-exporting countries, the special rule is designed to

address these problems, to fulfill the ESA's criteria for the

protection of threatened species and those with similar appearance, and

to allow trade within the parameters outlined below.

The proposed special rule requires that a system for monitoring

skins be implemented by the countries of re-export, so that the

transaction history is provided, that inventory controls are maintained

by the manufacturer, and that unmarked skins in re-exporting countries

will not be allowed in trade after a specific period of time.

Furthermore, this special rule is written to allow the Service to

respond quickly to changing situations that result in lessened

protection to the crocodilians. Thus, the criteria described in the

special rule establish non-discretionary bases for determining whether

CITES provisions are being effectively implemented. Therefore, imports

into the United States can be prohibited after publication of a notice

of information on any country that fails to comply with the

requirements of the special rule. For those additional situations

outside of the ones set forth in the special rule, which involve a

judgment as to whether necessary trade controls are being implemented,

the Service will go through a separate proposed rule and comment

process before reaching a final decision on any trade bans.

In a separate rule-making proposal, the Service will propose

implementation of the CITES tagging system for all crocodilians. The

rule proposed here will adopt the CITES-approved tags as the required

tag for all saltwater and Nile crocodile skins or partial skins being

imported into or exported from any re-exporting country if the skin is

eventually imported into the United States.

The proposed rule is designed to allow trade in saltwater and Nile

crocodile skins and products from designated populations without the

need to obtain a threatened species import permit. Tagged skins may be

imported from the country of origin or any CITES-member country of re-

export as long as the involved countries comply with certain criteria.

Crocodilian products may be imported without individual tags, provided

the involved countries comply with criteria described for products. The

proposed rule provides several criteria for ensuring that countries of

origin and re-export have implemented controls to monitor transactions

in crocodilian skins and products and have a satisfactory enforcement

and CITES implementation history. If a country fails to meet the

criteria in the proposed rule, notice to that effect will be published

in the Federal Register, and skins and products from Nile and saltwater

crocodiles will not be able to be imported into the United States

without the threatened species import permits required in Part 17.

3. Section-by-Section Description. The proposed rule at

Sec. 17.42(c)(1) contains definitions of ``crocodilian skin'' and

``crocodilian product.'' A ``crocodilian product'' is an item that is

fully manufactured and ready for retail sale without further

processing. A ``crocodilian skin'' is any whole or partial skin, and

thus includes skins that have been salted, crusted, tanned or partially

tanned or otherwise processed, e.g., dyed, shaved, polished, or filled.

Paragraph 17.42(c)(2) stipulates those ESA prohibitions that apply

to the saltwater crocodile from Australia and Papua New Guinea and the

Nile crocodile. All ESA prohibitions apply to other saltwater crocodile

populations. In addition, primarily commercial trade is prohibited for

specimens from those saltwater crocodile and Nile crocodile populations

listed in CITES Appendix I, and non-commercial imports or exports of

specimens from Appendix I populations require a CITES permit issued by

the Service's Office of Management Authority.

Paragraph 17.42(c)(3) describes exceptions to prohibitions

stipulated in Sec. 17.42(c)(2); specifically subparagraphs (i) and (ii)

describe the exceptions for skins and products, respectively, provided

the country of origin and all countries of re-export are in compliance

with the criteria described in subparagraph (iii).

Paragraph 17.42(c)(3)(i)(A) provides that each crocodilian skin

bear an intact, uncut tag from the country of origin, with the CITES-

required number in compliance with 50 CFR part 23. When chalecos are

traded, the two halves of any individual chaleco shall be tagged so

that if the halves are separated each half bears a tag. Skins may be

cut in the country of origin (for instance into flanks or tail and body

pieces) but each piece must be separately tagged when it leaves the

country of origin. Since it is impossible for skins currently present

in re-exporting countries to be tagged by their country of origin, the

special rule provides for a period of twelve months after publication

of the final rule, for such skins to be imported as skins or products

without the trading history requirement.

Paragraph 17.42(c)(3)(i)(B) requires that the information on each

tag in a shipment be given on the accompanying CITES export permit, re-

export certificate or other Convention document, or on a separate sheet

validated by the same issuing authority as described in CITES Animals

Committee's resolution adopted at its September 1993 meeting.

Paragraph 17.42(c)(3)(i)(C) requires that for each crocodilian skin

the importer or exporter shall provide a copy of each CITES permit or

certificate or identify the CITES permit/certificate number from the

country of origin and each country of re-export on the permit or on a

separate sheet. The transaction history will assist in verifying that

the skins have moved through countries meeting the criteria of

paragraphs (c)(3)(iii). Such information is now available only through

the time-consuming process of querying each country in turn to trace

its document files to determine the underlying importation record for

any CITES document it has issued. Since commercial traders of skins and

products record and reflect the country of origin for all shipments at

present and will have to keep track of skin tag numbers under the CITES

resolution, this provision simply requires that the sellers track the

CITES certificate numbers or transmit copies of these documents from

their buyers. This provision is in keeping with the Animals Committee

resolutions calling on re-exporting countries to implement an

administrative system for the effective matching of imports and re-

exports.

Paragraph 17.42(c)(3)(i)(D) requires that the country of origin and

the countries of re-export be in compliance with the criteria of

paragraphs (c)(3)(iii)(A)-(iii)(F) and provides that countries meeting

these criteria will be named in a Notice of Information published by

the Service.

Paragraph 17.42(c)(3)(ii) sets forth the conditions for import,

export, and re-export of crocodilian products. While it has frequently

been suggested that the only absolutely reliable method for ``cradle to

grave'' or ``harvest to consumer'' control is individual product

tagging, the Service is not proposing such measures at this time. If

the skin tagging inspection programs and criteria for evaluating

whether party countries are implementing CITES responsibly are

followed, and inventory controls are conscientiously implemented by the

re-exporting country government and/or private sector, the Service

hopes that more stringent measures for manufactured products will not

be necessary to control commingling of illegal crocodilians.

Paragraph 17.42(c)(3)(ii)(A) requires that for each crocodilian

product the importer or exporter shall provide a copy of each CITES

permit or certificate or identify the CITES permit/certificate number

from the country of origin and each country of re-export of the skins

included in the product, except that such importation history does not

need to be provided for any portions of a product which is 9 square

inches or smaller. This provision is similar to the provision for skins

in paragraph (c)(3)(i)(C), except that this provision exempts small

pieces of skin from the importation history requirement. The exception

for pieces 9 square inches or smaller will permit items generally made

from scraps, such as watch bands, pieced belts, or trim, to be exempt

from the importation history requirement. It must be emphasized,

however, that manufacturers still must accurately identify all species

of wildlife contained in any importation. Since many violations have

been detected with the misuse of crocodilian skins on the gussets of

handbags or trim on shoes, manufacturers are still urged to maintain

vigilance over their inventory.

Paragraph 17.42(c)(3)(ii)(B) requires that the country of origin

and the countries of re-export be in compliance with the criteria in

subparagraphs (c)(3)(iii)(A)-(F) and provides that countries meeting

these criteria will be named in a Notice of Information published by

the Service.

The Service believes that to achieve a reliable system for the

manufacture of crocodilian products from lawful skins and to be able to

accurately identify what crocodilian the product was produced from,

there must be effective CITES implementation by the party countries,

including rigorous inspection of the tagged skins at each international

transaction and removal from commerce of any skins not bearing an

intact tag from the country of origin, and requirements for

manufacturers who receive the tagged skins (regardless of the number of

intermediaries the skins have passed through) to maintain sufficient

internal production controls over their inventory so they can account

for the quantity of items they produce from each tagged skin.

Paragraphs (c)(3)(iii)(F)(1)-(F)(4) set forth such criteria.

Paragraph 17.42(c)(3)(iii)(A) provides that each country of origin

and each country of re-export be a member of CITES and not have entered

into any reservations for any species within the Order Crocodylia.

Paragraphs 17.42(c)(3)(iii) (B) and (C) require that no notices

have been received by the Service indicating that the CITES Parties or

the CITES Secretariat (based on action by the Convention's Standing

Committee) has determined that the country of origin or any country of

re-export does not have adequate domestic legislation to enforce the

Convention, that it has failed to properly implement the Convention, or

that a moratorium on trade with that country is recommended.

Paragraph 17.42(c)(3)(iii)(D) requires that the countries of origin

and re-export submit their annual reports within the prescribed time

period. This CITES requirement enables a cross check of trade records

from both exporting and importing countries.

Paragraph 17.42(c)(3)(iii)(E) requires that they have named their

Management Authority and Scientific Authority, a CITES requirement that

designates the competent authorities to issue appropriate no-detriment

findings and proper issuance of export or re-export permits.

Paragraphs 17.42(c)(3)(iii)(F)(1)-(F)(3) require each country of

origin and country of re-export to certify to the Service's Office of

Management Authority that it has the legal authority to inspect and

seize or refuse entry for unlawful shipments of crocodilian skins and

products imported into or exported from that country and that it

actually inspects no less than 40 percent of the crocodilian shipments

imported into the country for compliance with the CITES tagging and

document requirements. Further, these countries must certify that they

require that crocodilian skins cannot be imported or exported without

intact, uncut tags from the country of origin. If a tag has become

separated during processing or tanning, that skin may be utilized in

that country's domestic market. The premise behind this provision is

the recognition that the CITES tagging requirement will work only if it

is strictly enforced by the re-exporting countries. Therefore, every

piece of crocodilian skin which is not manufactured into a finished

product (and which exceeds 9 square inches in area) must bear an intact

country of origin tag upon import and export. If the tags are intact

through all re-exporting countries, then they should be intact at the

point of manufacture so that the manufacturer can maintain an accurate

inventory control system.

Paragraph 17.42(c)(3)(iii)(F)(4) requires that if the country

exporting or re-exporting is a country of manufacture, it must certify

that it requires a monitoring system that records tag numbers of skins

received and relates the goods produced to the skins received. The

proposed rule does not specify the exact parameters of a particular

inventory control system. The Service encourages Party countries and

the industry to explore established programs that have been in place

for a number of years, as well as innovative technologies, such as bar

code marking, or other approaches, to develop workable means to

maintain accountability for products manufactured from tagged skins.

Paragraph 17.42(c)(3)(iv) allows for the importation of crocodilian

skins and parts directly from those countries where the Nile crocodile

populations are on Appendix II of CITES or for saltwater crocodile

populations in Australia or Papua New Guinea, provided the requirements

of 50 CFR parts 13, 14, and 23, including those provisions implementing

the CITES resolution on the universal tagging system, are complied

with. A direct import does not require routing directly from the

country of origin, as long as the specimen remains under customs

control and merely transits through a third country. Airway bills or

shipping documents should indicate that the consignee/purchaser is

located in the United States, as shipments that enter the stream of

commerce in a third country are not included under this provision of

the special rule.

Paragraph 17.42(c)(3)(v) stipulates that no 50 CFR part 17 permits

will be required for products of Nile crocodile and saltwater crocodile

from Australia and Papua New Guinea when imported into or exported from

the United States as non-commercial accompanying personal baggage.

However, trophies, skins, parts, and products acquired in those

countries whose populations of saltwater or Nile crocodile populations

are on CITES Appendix I, will require CITES import permits, issued by

the Service's Office of Management Authority.

Paragraph 17.42(c)(4) stipulates that if a country of origin or re-

export fulfills the criteria in paragraphs (c)(3)(iii)(A-F), the

Service will publish a notice in the Federal Register informing the

public to this effect, and the Service will implement these criteria by

requiring compliance with the Part 17 permit requirements for any skins

or products that originated in or have been imported or exported

through any country not included on the approved list. A list of those

countries that have met all criteria will be available from the

Service's Office of Management Authority.

E. Effects of the Special Rule

The degree of endangerment of the many crocodilian species varies

by species and specific populations. Some crocodilian species and

populations are listed on Appendix I of CITES, and the remaining

species and populations are included in Appendix II. Some species are

listed as threatened or endangered on the U.S. List of Endangered and

Threatened Wildlife, while other species are not included. In addition,

actions have been taken by several countries to protect their wild

populations but allow trade in specimens bred or raised in captivity

under appropriate management programs.

Thus, trade in specimens from some populations is not detrimental

to the wild population, and commercial trade is allowed under CITES

with proper export permits from certain countries of origin and re-

exporting countries. The Service's concern has been that trade in non-

endangered species has in the past provided the opportunity for

specimens of the endangered species or populations to be commingled

with legal trade, especially during the manufacturing process. Numerous

U.S. law enforcement actions as well as past actions by the CITES

Parties attest to this concern. The underlying premise behind this

special rule is that the current management systems for the Appendix II

populations of Nile crocodile with assigned export quotas and the

Australia and Papua New Guinea populations of saltwater crocodile are

being sufficiently sustained to support controlled commercial use; the

key risk to these populations as well as other similar-appearing

crocodilians, is inadequate controls in the countries of re-export,

especially in those countries in which manufacturing occurs.

The CITES Parties have adopted and are in the process of

implementing provisions of a universal tagging system for crocodilian

skins, and the Service supports these efforts. Adherence to the new

marking requirements should reduce the potential for substitution of

illegal skins and reduce the trade control problems with the similarity

in appearance of skins and products among different species of

crocodilians. Further, this proposed special rule contains other steps

designed to ensure that the United States does not become a market for

illegal trade in crocodilian species and to encourage other nations to

control illegal trade. With the requirement that all skins are to be

tagged up to the country of manufacture, and that manufacturers

maintain records concerning the products produced from the tagged skins

they receive, as well as document the chain of transactions preceding

their acquisition of the skins, it is hoped that there will be greater

accountability and accuracy in the manufacturing of crocodilian skins.

In summary, the proposed special rule allowing limited trade in

these saltwater crocodile and Nile crocodile populations should provide

incentives to maintain wild populations, as well as encourage all

countries involved in commerce in crocodilian species to guard against

illegal trade.

1. Saltwater Crocodile. Allowing import of farm-raised specimens is

expected to benefit the conservation of wild populations. Under

Australia's conservation program, eggs or hatchlings are removed from

the wild for crocodile farm operations under an approved management

program, and wild populations are carefully monitored. Should any

decline occur in the wild populations, the program would return a

greater number of 1-year-old captive raised crocodiles to the wild than

would have survived to that age in the wild had no eggs or hatchlings

been removed. Limited trade with the United States would provide

economic incentives for conserving wild populations and their habitats,

owing to the dependence on them as the source of eggs. Careful

regulation of take and the prescription of specific corrective actions

ensure that crocodile farming activities will not cause declines of

wild populations, and have the added potential of reversing declines

caused by other factors.

In addition, under this proposed special rule, parts or products of

both the Australian and Papua New Guinea crocodile populations imported

into the United States must be identified in accordance with the CITES

marking system for crocodile skins and parts (refer to section on

marking, and provisions of special rule). These marking requirements

should ensure that only legally taken specimens are traded, and thus

should also benefit the conservation of the species.

2. Nile crocodile. The appropriateness of the original endangered

listing under the ESA and Appendix I listing under CITES has been the

subject of much international debate. However, improvements in the

status of Nile crocodile populations and their management have prompted

the CITES Parties to transfer 11 national populations to Appendix II.

The proposed downlisting to a ``threatened'' status does not end trade

controls for the species. The species remains in Appendix II of CITES

with export permits required. The proposed special rule should

strengthen adherence to the CITES marking scheme for crocodilian skins

as well as compliance with other CITES trade control provisions.

Allowing commercial importation into the United States from CITES-

approved countries is expected to benefit the species by encouraging

proper conservation practices and by promoting adherence to the CITES

marking system.

Effects of the Proposed Rules

This proposed rule, if made final, would change the status of the

saltwater crocodile in Australia from endangered to threatened, and

treat the saltwater crocodile in Papua New Guinea as threatened because

of similarity of appearance so that the regulations specifically

pertaining to threatened species (50 CFR 17.31, 17.32, 17.51, and

17.52) would apply to it. A special rule is proposed with this rule to

amend 50 CFR 17.42 to allow the importation, under certain conditions,

of whole and partial skins, and finished products thereof of Nile

crocodile, which was previously reclassified as threatened (58 FR

49870), and saltwater crocodile that originate in Australia and Papua

New Guinea, without a threatened species import permit for individual

shipments otherwise required by 50 CFR part 17, if all requirements of

the special rule are met.

Importation of skins and other parts of Nile crocodile from

countries where this species is listed in Appendix II of CITES and of

the saltwater crocodile from Australia and Papua New Guinea will be

allowed without part 17 permits only in the case of shipments imported

directly from respective range countries to the United States.

Otherwise, the provisions of the proposed special rule, when

applicable, or all provisions of subpart D of 50 CFR part 17 shall

apply to Nile and saltwater crocodiles, and their eggs, meat, skins,

and other parts and products.

Information Collection Requirements

The proposed special rule contains no information collection

requirements for which Office of Management and Budget (OMB) approval

under 44 U.S.C. 4401 et seq. The import/export permits and other

documentation requirements are those currently required in parts 17 and

23 of this title 50, which are currently approved by OMB clearance

number 1018-0022.

Public Comments Solicited

The Service intends that any action resulting from this proposal be

as accurate and as effective as possible. Therefore, any comments or

suggestions from the public, other concerned governmental agencies, the

scientific community, the trade industry, or any other interested party

concerning any aspect of this proposal are hereby solicited. Comments

are particularly sought concerning biological or commercial trade

impacts on any saltwater crocodile populations, or other relevant data

concerning any threat (or lack thereof) to the wild populations

throughout their range.

Final promulgation of the regulation on Australian and Papua New

Guinea populations of saltwater crocodiles will take into consideration

the comments and any additional information received by the Service.

Such communications may lead to adoption of final regulations that

differ from those in the proposed rule.

In addition, comments are solicited on the proposed special rule to

accompany any downlisting of the Australian population of the saltwater

crocodile or the Nile crocodile and the listing of the Papua New Guinea

population of the saltwater crocodile. Comment is especially sought on

the value, practicality, and enforceability of the proposed special

rule.

The ESA provides for a public hearing on this proposal, if

requested. All requests must be filed within 45 days of the date of

publication of this proposal. Comments must be in writing and addressed

to the Office of Scientific Authority (see ADDRESSES section).

National Environmental Policy Act

The Service has determined that an Environmental Assessment, as

defined under the authority of the National Environmental Policy Act of

1969, need not be prepared in connection with regulations adopted

pursuant to section 4(a) of the Endangered Species Act of 1973, as

amended. A notice outlining the Service's reasons for this

determination was published in the Federal Register (48 FR 49244) on

October 25, 1983.

Literature Cited

International Union for Conservation of Nature and Natural Resources

(IUCN). 1975. Red Data Book: Amphibia and Reptilia. Morges,

Switzerland.

International Union for Conservation of Nature and Natural

Resources. 1990. IUCN Red List of Threatened Animals. IUCN

Conservation Monitoring Center. Cambridge, England.

King, F.W., H.W. Campbell, H. Messel, and R. Whitaker. 1979. Review

of the status of the estuarine or saltwater crocodile, Crocodylus

porosus. Unpub. Report. 33 pp.

Webb, G.J.W., M.L. Dillon, G.E. McLean, S.C. Manolis and B. Ottley.

1989. Monitoring the recovery of the saltwater crocodile (Crocodylus

porosus) population in the Northern Territory of Australia. In:

Proceedings of the 9th working meeting of the Crocodile Specialist

Group of the Species Survival Commission of the International Union

for Conservation of Nature and Natural Resources. October, 1989.

Lae, Papua New Guinea.

Author

The primary author of this proposed rule is Dr. Charles W. Dane,

Office of Scientific Authority, U.S. Fish and Wildlife Service,

Washington, D.C. 20240 (703-358-1708).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

Accordingly, the Service hereby proposes to amend part 17

subchapter B of chapter I, title 50 of the U.S. Code of Federal

Regulations, as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.11 is amended by revising the entry for the

``Crocodile, saltwater (=estuarine)'' under ``Reptiles'' on the List of

Endangered and Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate population

--------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Reptiles

* * * * * * *

Crocodile, saltwater Crocodylus porosus...... Southeast Asia, Entire, except Papua E 87,____ NA NA

(=estuarine). Australia, Papua New New Guinea and

Guinea, Pacific Islands. Australia.

Do...................... ......do................ ......do................ Australia.............. T 87,____ NA 17.42(c)

Do...................... ......do................ ......do................ Papua New Guinea....... T(S/A) ____ NA 17.42(c)

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Paragraph (c) of Sec. 17.42 is revised to read as follows:

Sec. 17.42 Special rules--reptiles.

* * * * *

(c) Threatened crocodilians. This paragraph applies to the

following species: Saltwater crocodile (Crocodylus porosus) originating

in Australia or Papua New Guinea and Nile crocodile (Crocodylus

niloticus).

(1) Definitions of terms for purposes of this paragraph (c).

(i) Crocodilian skin shall mean whole or partial skins, flanks,

bellies, or chalecos (whether salted, crusted, tanned or partially

tanned or otherwise processed) from any reptile within the Order

Crocodylia, which includes the families Alligatoridae (including

caiman), Gavialidae, and Crocodylidae.

(ii) Crocodilian product shall mean fully manufactured products

which are ready for retail sale without further processing or

manufacture and which are composed, totally or in part, from any

reptile within the Order Crocodylia, which includes the families

Alligatoridae (including caiman), Gavialidae, and Crocodylidae.

(iii) Crocodilian parts shall mean eggs, meat, body parts other

than crocodilian skins and products, and whole specimens, from any

reptile within the Order Crocodylia, which includes the families

Alligatoridae (including caiman), Gavialidae, and Crocodylidae.

(iv) Country of origin shall mean the country from which the

crocodilian skins or parts were originally exported.

(v) Country of re-export shall mean those intermediary countries

that import and re-export crocodilian skins and/or products, except

that those countries through which crocodilian skins and/or products

are transmitted or transhipped while remaining under Customs control

shall not be considered to be imported or re-exported from the country.

(2) Prohibitions. The following prohibitions shall apply to the

Nile crocodile (Crocodylus niloticus) and saltwater crocodile

(Crocodylus porosus) originating in Australia or Papua New Guinea:

(i) Unlawful importation and exportation. Except as provided in

paragraph (c)(3) of this section, it shall be unlawful to import,

export, or present for export or re-export any Nile crocodile

(Crocodylus niloticus) or saltwater crocodile (Crocodylus porosus) or

their parts or products from a population listed as endangered,

threatened, endangered or threatened by similarity of appearance, or

listed on Appendix I or II of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES or Convention),

without appropriate permits required under parts 17 and 23.

(ii) Commercial importation. It shall be unlawful, in the course of

a commercial activity, to deliver, receive, carry, transport, or ship

in interstate or foreign commerce any Nile or saltwater crocodile

skins, products or parts imported unlawfully.

(iii) Commercial transactions. It shall be unlawful to sell or

offer for sale in interstate or foreign commerce any Nile or saltwater

crocodile skins, products or parts imported unlawfully.

(iv) All offenses defined in this paragraph (c) shall include the

attempt to commit, solicitation of another to commit, or cause to be

committed any such offense.

(3) Exceptions. The importation, exportation or re- exportation of

crocodilian skins, products or parts pursuant to exceptions listed in

this paragraph (c)(3) shall be in compliance with regulations in 50 CFR

parts 13, 14, and 23.

(i) Import, export or re-export of crocodilian skins. The import,

export or re-export into the United States of crocodilian skins of Nile

crocodiles listed in Appendix II of the Convention, and of saltwater

crocodiles originating in Australia and Papua New Guinea will be

allowed without permits required by 50 CFR part 17 provided the

following conditions are met:

(A) Each crocodilian skin, including both halves of a chaleco,

imported into or presented for export or re-export from the United

States after [date to be 1 year after effective date of the final rule]

must bear an intact, uncut tag from the country of origin in compliance

with 50 CFR part 23 including those provisions implementing the CITES

resolution on the universal tagging system;

(B) The same information as is on the tags shall be given on the

export permit, re-export certificate or other Convention document, or

on a separate sheet which shall be considered an integral part of the

permit, certificate or document and which shall be validated by the

same issuing authority.

(C) The importer or exporter shall include a copy of each

Convention permit or certificate or identify the Convention permit/

certificate number and date of such permit/certificate from the

involved country of origin and each involved country of re-export for

each crocodilian skin imported or presented for export or re-export on

the permit or certificate, or on a separate sheet accompanying the

permit/certificate; and

(D) The Service has published a Notice of Information listing each

of the involved countries of origin and each involved country of re-

export indicating that each such country meets the criteria in

paragraphs (c)(3)(iii)(A) through (F) of this section.

(ii) Import, export or re-export of crocodilian products. Import,

export or re-export into the United States of crocodilian products of

Nile crocodiles listed in Appendix II of the Convention, and saltwater

crocodiles originating in Australia and Papua New Guinea will be

allowed without permits required by 50 CFR part 17 provided the

following conditions are met:

(A) For each crocodilian product imported into or presented for

export or re-export from the United States after [date to be 1 year

after the effective date of the final rule], the importer or exporter

shall include a copy of each Convention permit or certificate or

identify the Convention permit/certificate number and date of such

permit/certificate from the involved country of origin and each

involved country of re-export on the permit or certificate or on a

separate sheet accompanying the permit or certificate, except that such

importation history does not need to be provided for any portions of a

product which is 9 square inches, e.g., 3 inches on a side, or smaller;

and

(B) The Service has published a Notice of Information listing each

of the involved countries of origin and each involved country of re-

export indicating that each such country meets the criteria in

paragraphs (c)(3)(iii)(A) through (F) of this section.

(iii) Criteria. The Office of the Management Authority shall

identify the countries that meet the following criteria:

(A) The country of origin, at the time of export, and each re-

exporting country is, at the time of the import and re-export, a Party

of CITES and has not entered a reservation with respect to any species

of the Order Crocodylia;

(B) The country of origin, at the time of export, and each re-

exporting country, at the time of the import and re-export, has not

been identified in a resolution or action adopted by the Parties to the

Convention or a notification issued by the CITES Secretariat based on

action by the Convention's Standing Committee with an accompanying

recommendation to impose recommending a general (or crocodile-specific)

trade moratorium because of failure to properly implement the

Convention;

(C) The country of origin, at the time of export, and each re-

exporting country, at the time of import and re-export, has not been

identified in a resolution or action adopted by the Parties to the

Convention or a notification issued by the CITES Secretariat based on

action by the Convention's Standing Committee with an accompanying

recommendation to impose a general (or crocodile-specific) trade

moratorium because the country of origin or any country or re-export

does not have adequate domestic legislation to prohibit trade in

specimens in violation of the Convention, to penalize such trade, or to

confiscate illegally traded or possessed crocodilian skins or products;

(D) The country of origin, at the time of export, and each re-

exporting country, at the time of the import and re-export, has

submitted an annual report to the CITES Secretariat concerning its

international trade in species included in the appendices to the

Convention not later than October 31 of the year following the year for

which a report was due or has received an extension of time by the

CITES Secretariat;

(E) The country of origin at the time of export, and each re-

exporting country, at the time of the import and export, has provided

the CITES Secretariat with the name and address of the competent

Management Authority(s) and Scientific Authority(s) for their country;

and

(F) The country of origin has certified to the Office of Management

Authority that the country fulfills the criteria set forth as follows:

(1) It has the legal authority to inspect and seize or refuse entry

for unlawful shipments of crocodilian skins and products imported into

or exported from that country and has provided copies of such laws or

other authority to the Office of Management Authority;

(2) It has a legal requirement that crocodilian skins may not be

imported or exported without an attached, intact, uncut tag from the

country of origin which conforms to the CITES-adopted tag manufacture

and marking requirements;

(3) It physically inspects no less than 40 percent of the

crocodilian skin and product shipments imported into that country to

verify compliance with the CITES marking and tagging requirements and

to ensure proper identification of specimens indicated on CITES

documents; and

(4) If it is a country of manufacture, it requires its

manufacturers to maintain an inventory control system which accounts by

tag number for each crocodilian skin received and the type and quantity

of the crocodilian products produced, and has provided copies of laws,

regulations or decrees implementing such a control system to the Office

of Management Authority.

(iv) Importation of crocodilian skins directly from country of

origin. The importation of Nile crocodile skins for commercial purposes

from countries where the Nile crocodile is listed in Appendix II of

CITES, and the importation of skins of the saltwater crocodile from

Australia and Papua New Guinea, will be allowed without permits for

individual shipments otherwise required by 50 CFR part 17, if imported

directly from the country of origin (including shipments transited or

transshipped through a third country while under customs control) into

the United States if the crocodilian skin bears an intact, uncut tag

from the country of origin in compliance with 50 CFR part 23, including

those provisions implementing the CITES resolution on the universal

tagging system.

(v) Noncommercial accompanying baggage. The conditions of

paragraphs (c)(3)(ii) (A) and (B) of this section for products made of

Nile crocodile or of saltwater crocodile from Australia or Papua New

Guinea shall not apply to noncommercial accompanying personal baggage.

Furthermore, no permits required by 50 CFR part 17 will be required for

import of crocodilian skins and parts of Nile crocodile listed on

Appendix II or of saltwater crocodile from Australia or Papua New

Guinea when imported as non-commercial accompanying personal baggage.

(4) Publication of information. The Service shall publish

appropriate notices of information in the Federal Register that shall

list the countries that meet the conditions described in paragraph

(c)(3)(iii) of this section. Based on the notices published pursuant to

this section, the Service will maintain a current list of countries

that meet the conditions described in paragraph (c)(3)(iii) of this

section, and from which import or re-export of Nile crocodile from

countries where this species is listed in Appendix II of CITES and the

saltwater crocodile from Australia and Papua New Guinea will be allowed

with proper CITES export permits. A list of these countries is

available by writing: The Office of Management Authority, ARLSQ Room

420, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service, Arlington,

Virginia, 22203.

Dated: March 23, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-9395 Filed 4-18-94; 8:45 am]

BILLING CODE 4310-55-P