Pelly Amendment to the Fishermen's Protective Act; Petition for Certification of the Republic of Korea; Conservation of Bears

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Pelly Amendment to the Fishermen's Protective Act; Petition for

Certification of the Republic of Korea; Conservation of Bears

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: On February 7, 1997, the Department of the Interior received a

petition to certify the Republic of Korea (``South Korea'') under the

Pelly Amendment to the Fishermen's Protective Act for undermining the

effectiveness of the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES). The petition asserts that: (1)

The Republic of Korea is the world's primary consumer of bear parts and

its nationals are the most active in illegal trade in bear parts; (2)

Illegally imported bear gall bladder is widely available in the

Republic of Korea; (3) Republic of Korea authorities have failed to

take measures to suppress the illegal trade in bears and bear parts;

(4) The Republic of Korea's domestic legislation does not adequately

implement CITES; and (5) Despite having acceded to CITES in 1993, the

Republic of Korea has failed to implement CITES. This notice requests

comments and information from the public on the following: Existence of

poaching, taking, smuggling, and trade in bears and bear parts by

Republic of Korea nationals; whether or not actions by Republic of

Korea nationals are undermining the effectiveness of CITES; any illegal

trade in bears and bear parts by nationals of other countries; and any

measures taken by the Republic of Korea to implement CITES with respect

to trade in bears and bear parts. This information will be taken into

account by the Service in determining what recommendations it should

make to the Secretary of the Interior on the disposition of the

petition.

DATES: The Fish and Wildlife Service will consider written information

and comments on these issues received by August 4, 1997.

ADDRESSES: Comments should be sent to the Director, U.S. Fish and

Wildlife Service, c/o Office of Management Authority, 4401 N. Fairfax

Drive, Room 420C, Arlington, VA 22203. Comments may also be sent via

fax to: (703) 358-2280.

FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman or Theodora

Greanias, U.S. Fish and Wildlife Service, Office of Management

Authority, telephone (703) 358-2093.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing Address: [email protected]

Background

On February 7, 1997, the Department of the Interior received a

petition to certify the Republic of Korea (``South Korea'') under the

Pelly Amendment to the Fishermen's Protective Act for undermining the

effectiveness of the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES). The U.S. Fish and Wildlife

Service (Service) is the lead agency in the Department of the Interior

responsible for implementation of CITES. The Pelly Amendment to the

Fishermen's Protective Act of 1967, 22 U.S.C. 1978(a)(2), provides that

the Secretary of the Interior shall make a certification to the

President if he determines that nationals of a foreign country,

directly or indirectly, are engaged in trade or taking which diminishes

the effectiveness of any international program for the conservation of

endangered or threatened species. CITES, a multi-lateral convention to

regulate international wildlife trade, is such a program.

The February 7, 1997 petition (petition) was submitted by Sierra

Club Legal Defense Fund on behalf of four organizations. The petition

asserts the following: (1) Republic of Korea nationals are engaging in

the illegal trade in and taking of bears and bear parts in many areas

of the world; (2) Pharmacies and traditional medicine stores in the

Republic of Korea continue to obtain and openly offer bear gall bladder

from other nations' Appendix I bear species, in direct violation of

CITES trade restrictions; (3) Even the few bear gall bladders that pass

through official channels in the Republic of Korea are not traded in

accordance with CITES; (4) The government has failed to seize bear gall

bladder or prosecute bear gall bladder smuggling in the Republic of

Korea; (5) Republic of Korea officials charged with policing the trade

are alleged to be benefiting from its continuation; (6) Republic of

Korea domestic legislation implementing CITES is inadequate and has not

been bolstered by the creation or training of wildlife enforcement

authorities, crackdowns on illegal trade, or public education

campaigns; (7) Since their own bear population has been all but

destroyed, Republic of Korea nationals regularly travel to China, Sri

Lanka, Ecuador, Viet Nam, Thailand, Russia, Canada, and the United

States to buy bear gall bladders; (8) Citizens of the Republic of Korea

engage in extensive trading in Appendix I bears in direct violation of

the protective provisions of CITES; (9) In violation of domestic laws

of range countries, Republic of Korea nationals continue to buy, sell

and smuggle large numbers of Appendix II bear parts, and have been

involved in the majority of cases of illegal bear gall trade in North

America; and (10) Despite its accession to CITES in July 1993, the

Republic of Korea has undermined and continues to undermine CITES with

respect to trade in bears and bear parts.

All bear species are listed in either CITES Appendix I or II, which

means they are either threatened with extinction (Appendix I), or may

become so unless their trade is subject to strict regulation (Appendix

II). In the case of Appendix I species, all primarily commercial trade

is in violation of the Convention. Commercial trade in Appendix II

species is allowed only if a permit is issued attesting that the trade

is not detrimental to the species' survival in the wild and that the

specimens were lawfully obtained. Law enforcement efforts are hindered

by the fact that no forensic methodology exists to distinguish between

Appendix I and Appendix II bear viscera, including gall bladders. This

creates an opening for the laundering of Appendix I bear parts, which

undermines CITES enforcement.

Worldwide, bear populations are at risk due to habitat loss,

coupled with a vigorous, mostly illegal trade in bears and bear parts

driven largely by the demand for traditional medicinals, especially

those containing bear bile.

[[Page 24503]]

Bear gall bladders and bile are among the most coveted ingredients in

traditional Asian medicine. To address this situation, CITES member

countries focussed on the bear trade during recent meetings of the

Animals Committee and Standing Committee. At its September 1996 meeting

in the Czech Republic, the Animals Committee adopted a decision

regarding the continued illegal trade in bear parts and derivatives, to

direct the CITES Secretariat to request certain information from range

States of bears and from countries of import, re-export, and

consumption of bear parts and derivatives. The Standing Committee

subsequently agreed to accept the recommendation of the Animals

Committee, and referred it to the CITES Secretariat for action. The

Secretariat issued a Notification to the Parties (No. 946) requesting

that all range states supply all available information on the status of

their wild bear populations, trade threats, and legislative and

regulatory controls on the killing of bears and on trade in their parts

and derivatives; and that all countries of import, re-export, and

consumption of bear parts and derivatives supply all information on

their enforcement efforts to interdict illegal shipments of bear parts

and derivatives, legislative and regulatory controls on trade in these

parts and derivatives, prosecutions relating to illegal trade in bear

parts or derivatives, the kinds of bear derivatives available on the

market, efforts to promote the use of substitutes in traditional

medicine, and education programs. At the 10th meeting of the Conference

of the Parties in Zimbabwe in June 1997, the CITES Parties will

consider two very similar proposals to transfer all Asian and European

populations of the brown bear (Ursus arctos) from CITES Appendix II to

Appendix I.

As part of its ongoing responsibility to implement CITES, the

Office of Management Authority of the Service monitors the trade in

species protected by CITES to determine whether or not any country is

diminishing the effectiveness of CITES. The Service has been assessing

information on the international bear trade for a number of years,

particularly its impact on North American bear populations. The Service

is aware that poaching of wild specimens can be extremely detrimental

to bear populations, and is cognizant of the important role of bear

species within an ecosystem. Further, the U.S. government supported

recent actions taken by the CITES Animals and Standing Committees to

address the international bear trade problem. The Service is aware

that, upon acceding to CITES in July 1993, the Republic of Korea took a

three-year reservation on Appendix II bear species, effectively

allowing unrestricted trade with non-Party countries. In October 1996,

after that reservation had expired, domestic trade in bear species was

banned, according to Korean English-language press reports. The Service

fully intends to examine closely all evidence submitted during the

comment period in order to assess the accuracy and implications of

these reports. The Service is currently reviewing and analyzing the

petition, as well as other information in the Service's files on trade

in bears and bear parts. After the close of the public comment period,

the Service will review all of the data in its administrative record

before submitting its recommendation to the Secretary of the Interior.

Request for Information and Comments

This notice requests comments and information from the public on

the following: (1) Existence of poaching, taking, smuggling, or trade

in bears, bear parts or bear products/derivatives by Republic of Korea

nationals; (2) The effect of take or trade in bears, bear parts or bear

products/derivatives on bear species' conservation status in the

Republic of Korea or elsewhere; (3) Whether or not actions of Republic

of Korea nationals are undermining the effectiveness of CITES; (4) Any

illegal trade in bear species, bear parts, or bear products/derivatives

by nationals of other countries; (5) Any affirmative measures taken by

the Republic of Korea to enhance CITES implementation, especially

measures to regulate trade in bears, bear parts or bear products/

derivatives, as well as evidence regarding the efficacy of these

measures. This information will be used by the Department of the

Interior in determining what actions should be taken.

Authors: This notice was prepared by Dr. Susan S. Lieberman and

Theodora Greanias, Office of Management Authority, U.S. Fish and

Wildlife Service (703/358-2093; FAX 703/358-2280).

Dated: April 28, 1997.

John G. Rogers,

Acting Director.

[FR Doc. 97-11616 Filed 5-2-97; 8:45 am]

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