Export of Box Turtles From the United States in 1996

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

Export of Box Turtles From the United States in 1996

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Request for Information and Comment.

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SUMMARY: Information is solicited to assist the Fish and Wildlife

Service in (1) making an export finding for box turtles for 1996, as

required under The Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES), and (2) evaluating the

feasibility of breeding of box turtles in captivity for export.

International Air Transport Association (IATA) Live Animals

Regulations, as they apply to shipment of box turtles, are described,

and comment is invited on IATA shipping container requirements for live

box turtles.

DATES: Comments and information must be received by March 4, 1996.

ADDRESSES: Please send correspondence concerning this notice to the

Office of Scientific Authority; Mail Stop 725, Arlington Square; U.S.

Fish and Wildlife Service; Department of the Interior; Washington, D.C.

20240. The fax number is (703) 358-2276. Express and messenger-

delivered mail should be addressed to the Office of Scientific

Authority; 4401 North Fairfax Drive, Room 750; Arlington, Virginia

22203. Comments and other information received are 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: Scientific Authority finding--Dr.

Marshall A. Howe, Office of Scientific Authority, phone (703) 358-1708;

fax (703) 358-2276; e-mail [email protected]. Management

Authority finding and export permits--Mr. Scott Hicks, Office of

Management Authority, phone (800) 358-2104; fax (703) 358-2281.

SUPPLEMENTARY INFORMATION: Publication of this notice has occurred

later than planned, because of the unexpected furlough of most

Department of the Interior employees in December, 1995 and January,

1996. Nevertheless, the Fish and Wildlife Service (Service) believes

that public input is important and has allowed for a 30-day public

comment period. The Service realizes that the collecting period for

turtles by commercial dealers in Louisiana is highly seasonal and will

therefore issue its advice as promptly as possible after all public

input has been thoroughly considered. It is the Service's intent to be

able to issue export permits, if warranted, by March 15, 1996.

The Convention on International Trade in Endangered Species of Wild

Fauna and Flora (CITES) regulates import, export, re-export, and

introduction from the sea of certain animal and plant species. Species

for which trade is controlled are included in one of three Appendices.

Appendix I includes species threatened with extinction that are or may

be affected by international trade. Appendix II includes species that,

although not necessarily now threatened with extinction, may become so

unless the trade is strictly controlled. Appendix III includes species

that any Party country identifies as being subject to regulation within

its jurisdiction for purposes of preventing or restricting

exploitation, and for which it needs the cooperation of other Parties

to control trade.

International trade in Appendix II species is permitted only if

shipments are accompanied by either an export permit issued by the

country-of-origin, or a re-export certificate issued by an intermediary

country. Before such

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export permits can be issued, the designated Scientific Authority of

the country-of-origin must make a finding that the exports will not be

detrimental to the survival of the species (``non-detriment finding'');

and the designated Management Authority of the country-of-origin must

determine that the specimens to be exported were obtained legally and,

for live specimens, that they are treated and shipped so as to minimize

the risk of injury, damage to health, or cruel treatment [50 CFR

23.15(d)]. The Scientific Authority is also charged with monitoring the

export permits and actual exports of Appendix II species on an ongoing

basis, to ensure that the export remains at a level well below that

which might make the species eligible for inclusion in Appendix I.

Non-Detriment Findings for Species Exported in Large Numbers

In making non-detriment export findings for Appendix II animal

species traded in large numbers, Scientific Authorities consider such

factors as whether take of the species or similar species in the past

may have contributed to a reduction in its numbers or distribution, or

whether life history traits indicate a potential vulnerability to

current levels of take and export. Findings are usually based upon

existing biological information derived from scientific studies and/or

professionally accepted wildlife or fishery management programs. For

species bred-in-captivity, a key element of the finding is an

evaluation of the extent to which the captive population is self-

sustaining, without need for augmentation from the wild.

Information desirable for making a non-detriment finding includes

the total offtake of the species; the geographical source of the

animals; an independent measure of population status (or an index to

population change over time) for the species; and the presence of an

enforceable program for managing take and commerce. Also desirable, and

sometimes necessary, is information on recruitment potential,

demographic structure of the collected population, status of the

habitat base, and an assessment of market factors likely to influence

commercial demand in the future.

For Appendix II species traded in large numbers, the Service, as

Scientific Authority for the United States, has generally found it to

be impractical to develop findings for each export application. A

general finding, which defines minimum criteria that future

applications must meet for approval, is the preferred approach. One

type of general finding used by the Service is a determination that all

exports allowed by a program professionally managed by a State wildlife

agency will be non-detrimental. This approach has been taken in certain

special cases, where the primary management responsibility for heavily

traded Appendix II species (e.g., alligators) rests with the States,

and the State program has been determined to collect the requisite

information on population status and trends and otherwise meet

professionally accepted standards for wildlife management programs.

Other general findings may establish restrictive conditions, such

as a quota (maximum allowable number) or other export limitation

mechanism, to ensure that exports from the United States remain non-

detrimental. Under a quota system, for example, all valid applications

for export permits that meet Management Authority criteria for legal

acquisition and humane transport would be approved, until the

cumulative number of specimens exported reached the established quota

level. Subsequent applications would be denied. General export findings

will be conservative (zero or minimal export permitted) when the

quality and comprehensiveness of biological and management information

are weak, or when substantial information suggests a possible

detrimental impact of take. Similarly, liberal advices (high levels of

export permitted) will be issued only when comprehensive information of

high quality indicates the species can likely sustain intensive

collection.

International Trade in Box Turtles

At the ninth meeting of the Conference of the Parties to CITES in

1994, the Parties adopted proposals submitted by the United States and

the Netherlands to add to Appendix II all species of box turtles

(Terrapene spp.) not already listed on a CITES Appendix. Two of these

species are native to the United States: the eastern box turtle (T.

carolina) and the ornate box turtle (T. ornata). The listing proposals

were based on several sources of information. First, long-term

population declines had been documented in most well studied

populations in the United States (T. carolina: Maryland, Indiana,

Missouri; T. ornata: Wisconsin, Kansas). Second, analysis of Service

export statistics revealed a substantial increase in export of wild T.

carolina and T. ornata for the pet trade in recent years, coincident

with declining availability of certain popular tortoise species.

According to Service data, the number of T. carolina reported to be

exported was approximately 26,000 in both 1992 and 1993 and 22,000 in

1994. Reported export of box turtles identified as T. ornata totalled

approximately 10,500 in 1993 and 12,300 in 1994. Finally, population

modelling of other turtle and tortoise species with similar longevity,

survival, and reproductive characteristics (e.g. Blanding's turtle,

Emydoidea blandingii) suggest that box turtle populations may be

unusually vulnerable to elevated mortality of adults or juveniles.

Removal of adult box turtles from the wild for commercial trade could

have the effect of being an additive mortality factor.

In considering how to manage trade in these newly listed species,

the Service first reviewed State laws and regulations pertaining to

commerce in reptiles and discussed management capabilities with

representatives of wildlife agencies in those States interested in

maintaining an export market for box turtles. On the basis of these

reviews and discussions, the Service determined, for 1995 only, that

only the State of Louisiana was interested in export and had the

regulatory and management (including enforcement) infrastructure for

managing collection of reptiles in a manner that could potentially

allow the appropriate CITES findings to be made.

Key elements of the Louisiana regulations included the following:

(1) requirement of a collector's license for anyone collecting or

selling box turtles; (2) requirement of a dealer's license for anyone

buying, acquiring, or handling native reptiles for resale or shipping

out of State; (3) Department of Wildlife and Fisheries (hereinafter

``Department'') authority to inspect the premises, holding facilities,

and records of dealers, and require data from dealers on the total

number of box turtles taken within each of the State's wildlife

districts; (4) establishment of a standing advisory committee (the

Louisiana Reptile and Amphibian Task Force) that consists of university

herpetologists, State personnel, and commercial interests; and (5)

provision for penalties for violations of State laws related to trade

in reptiles.

In this management context, the following information was

considered in determining whether a non-detriment finding could be made

for export of box turtles taken in Louisiana in 1995:

1. The Department provided the following assessment with respect to

population status of T. carolina: ``After consultation with the

Louisiana Reptile and Amphibian Task Force * * * there is no evidence

to indicate that native (eastern) box turtles are endangered or

threatened in Louisiana.'' (It is recognized that this statement

represents a professional

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opinion rather than a quantitative assessment of population status.)

2. The primary target of turtle dealers in Louisiana appeared to be

the Gulf coast subspecies, T. carolina major, which, according to the

scientific literature, may be more commonly multiple-brooded than more

northern subspecies and therefore possibly less vulnerable to take than

turtle/tortoise species that have been the focus of recent population

modelling efforts.

3. The Department was in the process of seeking funding for

initiating studies of (1) the status of box turtle populations in

Louisiana and (2) a comparison of box turtle demographic

characteristics in protected and unprotected areas.

4. The Department would be collecting statistically representative

data on the sizes (carapace length) of animals collected for commercial

purposes. Such data are important for determining whether commercial

take is size-selective or negatively affecting the demographic

structure of box turtle populations.

5. The Department stated its intention to develop these data

collection efforts into an operational box turtle management program

that will include, if necessary, such standard management protocols as

quotas, seasons, and size limits. The Department provided a written

commitment to the goal of assuring ``a sustainable and perpetual

harvest of box turtles.''

On the basis of this available information, the Service's

Scientific Authority made a general, non-detriment finding for 1995

establishing a precautionary export quota of 9,750 specimens of T.

carolina taken in the State of Louisiana. This number represents 50% of

the number of Louisiana-collected T. carolina believed, on the basis of

export records, to have been exported from the United States in 1993

(the most recent year for which complete export figures were

available). Based on studies of eastern box turtle population

densities, this represents the adult population of approximately 4

square miles of suitable habitat. The Service believed then and

continues to believe that this level of export for 1995 will not

significantly affect populations, but that a much more substantial

database on population status and impacts of take, and full

implementation of a management program, would be necessary before any

increase in the quota could be considered. The Service was unable to

make a non-detriment finding for T. ornata, or for T. carolina

collected in States other than Louisiana.

Given the paucity of biological information currently available,

the 1995 advice is subject to the following additional conditions:

1. It is limited to those animals held in captivity at the end of

1994 or collected in 1995.

2. Studies of (a) the status of box turtle populations in Louisiana

and (b) a comparison of box turtle demographic characteristics in

protected and unprotected (i.e., potentially subject to collection)

areas will be initiated by the Department, in cooperation with

Louisiana box turtle exporters, as soon as funding is secured. A study

proposal, approved by the Louisiana Amphibian and Reptile Task Force,

to assess the population status of box turtles must be received before

any export applications for 1996 will be considered.

3. Because the impact of exports on populations cannot be

thoroughly assessed without knowledge of the total commercial offtake

of turtles (domestic use + export), issuance of permits for export will

be further conditional upon collection of information by the Department

on (a) the total number of box turtles collected for commercial markets

in Louisiana, and (b) certain physical characteristics of all turtles

(or a statistically representative sample), collected.

4. Collectors will be required to record the wildlife district (as

defined by the Department) in which each turtle is collected and to

provide this information to the wholesaler/retailers. The wholesaler/

retailer will be required to provide such information to State

authorities upon request and to retain the records for 3 years. Before

export permits will be issued by the Service, dealers will have to

certify that box turtles for which export permits are requested were

taken in the State of Louisiana. The Department will review these

certifications.

5. The limited quota will remain in effect until such time as (1)

either analysis of data on turtle measurements or other information

suggests that a change in the quota in either direction is warranted,

or (2) field studies develop baseline information sufficient for

modelling parameters of a sustainable level of take.

6. Advice on export applications for 1996 will not be issued before

(1) data on sizes and locations of animals collected in 1995 are

analyzed and the animals appear to be representative of a

demographically healthy population; (2) the State's management program

and the process of initiating the required field studies is determined

to be on track; and (3) the existing information and proposed advice is

made available for public review.

Developments Subsequent to 1995 Export Decision

After export advice was issued for specimens taken in Louisiana in

1995, the Department prepared a draft study plan for assessing the

population status of box turtles and the impact of box turtle

collection in Louisiana. After approval by the Louisiana Amphibian and

Reptile Task Force, this plan was submitted to the Service for review.

The Service found that the study design was appropriate for obtaining

the information necessary for development of a sound management

program.

The plan describes an approach to field-sampling of box turtles

that should yield comparative data on populations and demographic

structure between collected and uncollected areas. It also describes

procedures State personnel will use for collecting demographic data on

turtles in the possession of dealers prior to export. Funding for the

study has been secured. However, because study plan development was not

completed until late summer, field studies will not commence until

1996. Data on physical characteristics of a sample of turtles in the

possession of dealers were summarized and provided to the Service in an

October 1995 interim report.

A survey of Louisiana dealers reported by the Department in

December 1995 yielded a total estimated collection in Louisiana in 1995

of 11,950 box turtles, of which 9,500 were ascribed to the Gulf coast

race, T. c. major, and 2,450 to the three-toed race, T. c. triunguis.

Service export records up to the time of this notice show that 6,115 of

these (4,365 major and 1,750 triunguis) were exported from the United

States. It is not known what proportion of the 5,835 animals not

exported were marketed domestically, released, or maintained in

captivity.

Samples of 437 major and 394 triunguis were selected for

morphological analysis. Juveniles constituted 23.3 percent of the

sample of triunguis and 9.6 percent of the sample of major. (For these

purposes juveniles were defined as animals in size classes smaller than

the first size class that, in a frequency distribution of collected

animals by size class, exhibited a sudden increase). The sex ratio

(male:female, all ages included) in the sample of collected animals was

1.0:0.78 for triunguis and 1.0:0.52 for major. Sex ratio varied

substantially as a function of the time of year that animals were

collected. Average carapace length was 123.2 mm for adult

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triunguis and 164.9 mm for adult major. There was no sexual size

dimorphism in triunguis, but carapaces of major males averaged 7.4 mm

longer than female carapaces. Although there appeared to be no

deliberate selectivity on the part of collectors with respect to size

class of either race, the sex ratio bias toward males may be an

artifact of a market or collector preference for males, which are, on

average, more brightly colored and more active than females (fide

Department staff).

According to the Department, the area from which box turtles were

collected commercially in Louisiana in 1995 ranged from Lafayette and

Baton Rouge east to the Mississippi border and southeast to the

vicinities of New Iberia, Thibodeaux, and the Mississippi River delta.

The range of collected triunguis extends along the northern border of

this zone from the neighborhood of Baton Rouge across the northern

border of Lake Pontchartrain and east to Mississippi. Maps provided by

the Department indicate a narrow zone of overlap between the range of

this race and that of major to the south. The Department believes that

the great majority of box turtles are being taken along the margins of

extensive swampland and bottomland hardwood forests and along just a

few cleared corridors within this zone. They further state that 75

percent of the habitat of major is inaccessible.

The Service solicits comments on the information presented above

and any additional information relevant to the issuance of export

advice for box turtles from Louisiana for 1996.

Captive-Bred Box Turtles

The Service has received several inquiries and five permit

applications (from Arkansas) concerning export of captive-bred box

turtles. The Service considers captive-bred animals to be animals that

are both conceived and hatched within the confines of a controlled

environment physically isolated from wild populations. Offspring

hatched in captivity from eggs collected from the wild or produced from

eggs laid in captivity by gravid females collected from the wild are

not considered to be captive-bred. Unless a captive-breeding program

meets the rigorous standards of CITES Resolution Conf. 2.12, captive-

bred Appendix II animals are subject to the same CITES permit

requirements and non-detriment findings as wild-caught animals, as

described above. For many species, however, properly managed captive-

breeding programs can provide a sustainable supply of animals with

minimal impact on wild populations.

The Service is not convinced of the feasibility of breeding box

turtles in captivity in commercial quantities. The Service is also

concerned about the difficulty of distinguishing captive-bred turtles

from wild turtles, especially when wild specimens are readily available

in the vicinity of the captive-breeding operation. To substantiate that

individual box turtles are captive-bred and to allow the Service to

make the necessary determinations, the breeder must be able to document

the source and disposition of all box turtles that enter into the

breeder's possession. This necessitates physical separation of the

breeding stock from wild-caught turtles or marking each turtle

individually, and providing detailed records of the captive-breeding

operation. Such records must include the source of the parent stock,

age and sex composition of the population, annual egg production,

hatching success, mortality rate of breeder stock and hatchlings, and

disposition of any turtles sold. To understand more fully the potential

for both sustainable and verifiable captive-breeding of box turtles,

the Service solicits additional information.

Transport Requirements

CITES requires that ``any living specimen will be so prepared and

shipped as to minimize the risk of injury, damage to health or cruel

treatment.'' Specifically, to export species listed in Appendix II,

such as the box turtle, Article IV, paragraph (c) of the treaty

requires that, to issue an export permit, the Management Authority of

the exporting country must be satisfied that the animals in the

shipment will be ``so prepared and shipped as to minimize the risk of

injury, damage to health or cruel treatment.'' The CITES party

countries have agreed that compliance with the International Air

Transport Association (IATA) Live Animal Regulations is the standard

for meeting the treaty's humane transport requirements for air

transport. The CITES party countries have also agreed that all CITES

permits should state that for live animal shipments a permit is only

valid if the shipment complies with the IATA Live Animal Regulations

(Resolution Conf. 9.3). All U.S. CITES permits contain this provision

as a permit condition to comply with this CITES requirement. If a

shipment of box turtles is transported that is not in compliance with

the IATA Live Animals Regulations, the export permit being used is not

valid, and may not be accepted by the importing country.

All U.S. exporters who obtain CITES export permits for live box

turtles are informed of the requirement to comply with the IATA Live

Animals Regulations. Prior to export, CITES export permits must be

endorsed by the Service's Division of Law Enforcement. If the shipment

is not in compliance with IATA, Law Enforcement officials can refuse to

endorse the export permit. Such shipments are also subject to refusal

of clearance on import. Improperly transported containers, in addition

to being subject to seizure or enforcement actions upon import, also

increase the risk of disease or mortality to the animals contained

therein.

It is therefore obligatory that all exports of box turtles from the

United States comply with the IATA Live Animal Regulations, for air

transport. Shipments may comply with either the 21st or 22nd Edition of

the Live Animals Regulations, copies of which may be ordered directly

from IATA, at 2000 Peel Street, Montreal, Quebec, Canada H3A 2R4.

These shipping standards are internationally accepted by all

airlines that are members of IATA (the majority of all U.S. and world

carriers, and all carriers shipping turtles internationally from the

United States), and by the CITES party governments. The IATA Live

Animals Regulations are multilateral and internationally accepted.

In addition to complying with the general requirements of the IATA

Live Animals Regulations, shipments of box turtles are also required to

comply with the specific container requirement applicable to box

turtles, which is Container Requirement 43 in the 22nd Edition of the

IATA Live Animals Regulations.

The Service notes the mandatory nature of the requirements that

turtles not be overcrowded in the containers, that sufficient

ventilation must be provided, and that the containers be sufficiently

strong. For all shipments of live animals, the IATA Live Animals

Regulations state that the container ``must be able to withstand other

freight potentially damaging it or causing the structure to buckle or

bend.'' A container used for box turtles must be manufactured from

fibreboard, hardboard, plywood, or rigid plastics that can withstand

crushing if other freight falls upon it. Containers must also have

ventilation holes that are large enough to allow for air circulation.

In some cases during very cold weather, styrofoam can be used to line

the container as an insulating layer, as long as ventilation is not

impeded. Fine wire or nylon mesh should be used to screen the

ventilation openings, but should not have jagged edges that may injure

the

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animals or loose pieces that may be ingested. Box turtles should not

under any circumstances be stacked or be shipped in containers that are

deep enough to allow them to clamber on top of one another.

The Service also notes the requirement to comply with other aspects

of Container Requirement 43 and the general IATA Live Animals

Regulations, which are industry standards accepted internationally by

air carriers and governments. The Service attends the IATA Live Animals

Board meetings, which are also attended by air carriers, the CITES

Secretariat, veterinary experts, and non-governmental organizations.

The Service welcomes comments from industry, veterinary, and

conservation experts on whether or not the IATA Container Requirement

for box turtles could be refined in any way in order to facilitate more

healthful or more humane transport of box turtles.

Future Actions

If possible, advice will be issued within a week of the closing

period for comment and published in the Federal Register.

The primary authors of this request for information were Dr.

Marshall A. Howe and Mr. Tim Van Norman, Office of Scientific

Authority, and Mr. Scott Hicks and Dr. Susan Lieberman, Office of

Management Authority, under authority of the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.).

Dated: January 25, 1996.

John G. Rogers,

Director.

[FR Doc. 96-2208 Filed 2-1-96; 8:45 am]

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