Endangered and Threatened Wildlife and Plants; Proposed Reclassification of Certain Vicuna Populations From Endangered to Threatened and a Proposed Special Rule
Federal RegisterSep 8, 1999
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE04
Endangered and Threatened Wildlife and Plants; Proposed
Reclassification of Certain Vicuna Populations From Endangered to
Threatened and a Proposed Special Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
reclassify vicuna (Vicugna vicugna) populations of Argentina, Bolivia,
Chile and Peru from endangered to threatened under the U.S. Endangered
Species Act (Act or ESA). The recently re-introduced population of
Ecuador, treated as a distinct population segment under the Act in
accordance with the Service's Policy on Distinct Vertebrate Population
Segments (61 FR 4722), will remain listed as endangered. The Service
also proposes to establish a special rule (under Section 4(d) of the
Act) allowing the importation into the United States of wool and legal
vicuna products produced with wool from vicuna populations listed both
as threatened under the Act and in Appendix II of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), except that the Appendix II semi-captive populations of
Catamarca, Jujuy, La Rioja, Salta, and San Juan Provinces in Argentina
are specifically excluded from the special rule until such time as
their conservation benefit for wild vicuna populations has been
demonstrated adequately. It is proposed that importation into the
United States of wool and legal vicuna products made from wool that
originated from threatened and approved Appendix II populations will
require valid CITES export permits from the country of origin and also
the country of re-export, when applicable. Should the conservation or
management status of threatened vicuna populations change in one or
more range countries, the potential would remain to repeal the special
rule or reclassify the population as endangered, should that become
necessary for the conservation of the vicuna. The Service invites
information and comments on this proposed rule. The analysis of the
information and comments received could lead to a final decision that
would differ substantially from this proposal.
DATES: Comments must be received by December 7, 1999. Public hearing
requests must be received by October 25, 1999.
ADDRESSES: Comments and relevant information concerning this proposal
should be sent to the Chief, Office of Scientific Authority; mail stop:
Arlington Square, room 750, U.S. Fish and Wildlife Service; Washington,
DC 20240, or via E-mail to: [email protected]. Comments and materials
received will be available for public inspection by appointment, from 8
a.m. to 4 p.m., Monday through Friday, in Room 750, 4401 North Fairfax
Drive, Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman, Chief, Office
of Scientific Authority, at the above address, or by phone (703-358-
1708), fax (703-358-2276), or E-mail ([email protected]).
SUPPLEMENTARY INFORMATION:
Background
The vicuna (Vicugna vicugna) was listed as endangered under the
U.S. Endangered Species Act on June 2, 1970. Among other things, the
effect of that listing was the prohibition of U.S. interstate or
international commerce in vicuna products. All populations of the
vicuna were included in Appendix I of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) on July 1,
1975 (the date of entry into force of the CITES Convention), which
thereby prohibited all primarily commercial, international trade in
vicuna products. Certain populations of vicuna in Chile and Peru were
subsequently transferred to CITES Appendix II at the sixth meeting of
the CITES Conference of the Parties (COP6) in 1987. The remaining
vicuna populations in Peru were transferred to Appendix II in 1994 at
CITES COP9, and certain populations in Argentina and Bolivia were
transferred to Appendix II in 1997 at CITES COP10. These transfers to
Appendix II, reflecting improved conservation status for specified
vicuna populations, allow the international trade under carefully
controlled conditions, of products manufactured from vicuna wool. This
international trade, however, is still excluded from the United States,
because of the species' listing under the Endangered Species Act. The
United States supported the CITES transfers of the populations to
Appendix II, based on the information received at the aforementioned
meetings of the Conference of the Parties, where the CITES Parties
voted to adopt the proposed transfers to Appendix II. The information
in the relevant CITES listing proposals is available on request from
the Office of Scientific Authority (see ADDRESSES Section).
We received a petition on October 5, 1995, from the President of
the International Vicuna Consortium, requesting that the vicuna be
removed from the U.S. list of endangered and threatened wildlife, or
reclassified with a special rule that would allow for a commercial
trade that would benefit the conservation of the species. The
petitioners cited the following as reasons for the requested ACTION:
(1) Improved management of vicuna populations, (2) improved enforcement
and trade controls, and (3) recognition that regulated commerce could
be beneficial to both rural communities that share landscapes with
vicunas and the vicunas themselves. The petitioners provided limited
supportive documentation.
Our 90-day finding on whether the petition presents substantial
scientific data is subsumed within this proposed rule, which finds
that: (1) Reclassification of the vicuna from endangered to threatened
is warranted for all range countries except Ecuador; and (2) that a
special rule (also referred to as a 4(d) rule) is warranted for all
Appendix II populations, with the exception of the Appendix II semi-
captive populations of Catamarca, Jujuy, La Rioja, Salta, and San Juan
Provinces
[[Page 48744]]
in Argentina, which are specifically excluded until such time as their
conservation benefit for wild vicuna has been demonstrated adequately.
We base this finding and the proposed rule on information provided
in the submissions of the petitioner, other documents including those
submitted in support of the aforementioned CITES listing proposals, and
the Service's status review for the vicuna, which included interviews
with knowledgeable personnel from the vicuna range states, responses to
questions asked of each range country, and a 1997 on-site assessment of
vicuna populations and management in Argentina, Bolivia, Chile and Peru
by a contractor working for the National Fish and Wildlife Foundation
(Dr. Henry L. Short, Amherst, Massachusetts). All personal
communications and responses to questions asked of range countries
cited in the text were received by Dr. Short, unless otherwise noted
(see References Cited Section). The Service contracted with the
National Fish and Wildlife Foundation in 1997 to evaluate the
conservation and management status of vicuna populations, and to make
recommendations about the species' status, through a fact-finding
mission to vicuna range countries.
The vicuna produces a wool that is of very fine texture (about 12
microns in diameter) that can be woven into luxury garments. Raw wool
from vicuna has been legally auctioned at $500 per kg ($200 per lb) and
an average vicuna fleece provides about 0.2 kg (0.5 lbs) of fiber.
Individual vicuna in the high Andean plateaus of South America thus
have a fleece that is worth many times that of a sheep and several
times that of other species in the family Camelidae, such as alpacas
and llamas. This high value, in a resource-poor area, can represent
both a threat to the species and an opportunity if the species is
managed sustainably. The threat comes from illegal hunting if
protection and incentives for management are poor; the opportunity
exists if proceeds from the sale of vicuna wool from live-shorn animals
are substantially used to enhance the status of native people in the
Andean uplands and to encourage them to conserve and protect vicuna.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Act and regulations implementing the listing
provisions of the Act (50 CFR part 424) set forth the procedures for
adding species to, changing the status of any listed species, or
deleting species from the list of endangered and threatened wildlife. A
species shall be listed or reclassified if the Secretary determines, on
the basis of the best scientific and commercial data available after
conducting a review of the species' status, that the species is
endangered or threatened because of any one or a combination of the
following factors: (A) The present or threatened destruction,
modification, or curtailment of its habitat or range; (B)
Overutilization for commercial, recreational, scientific, or
educational purposes; (C) Disease or predation; (D) The inadequacy of
existing regulatory mechanisms; or (E) Other natural or human-made
factors affecting its continued existence.
We base this proposed rule on an assessment of the five listing
factors within the Act. The assessment considers the present biological
status of the vicuna within the range countries of Argentina, Bolivia,
Chile and Peru. No assessment of the status of the species is made for
the small population that has recently been reintroduced into Ecuador.
That is a protected population, that will not be exploited in the
foreseeable future. We do not propose to change that population's
endangered classification under the Act.
Some scientists recognize two subspecies of vicuna--V. v. mensalis
in the northern portion of the range and V. v. vicugna to the south.
These are putative subspecies in that they have been described on the
basis of slight differences in size and color, and the lack of a
prominent chest fringe in V. v. vicugna (Canedi and Pasini 1996),
rather than on distinct, measured genetic differences between the two.
Because the distribution of the vicuna is more or less continuous from
north to south within its range, it is possible that these two
subspecies simply represent the endpoints of a continuum of physical
and genetic variation within the species from north to south. As a
consequence, it would be very difficult to draw a definite boundary
between the two subspecies for purposes of management or listing under
the Act. Therefore, the subspecies are not differentiated in this rule
and the term vicuna, used herein, refers to populations of both
putative subspecies throughout their total range.
(A) The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Approximately 190,000 vicuna are estimated to occur at varying
densities on approximately 20,500,000 ha of Andean highlands extending
in a rather narrow strip from central Peru through Bolivia, and into
northwest Argentina (between 8-30 degrees South latitude). The
historical range of the vicuna may have been twice the present
distributional area. A small, disjunct, recently-reintroduced
population also occurs in Ecuador.
Vicuna habitats occur in both the Altoandina and Puna Ecoregions.
The Altoandina Ecoregion comprises high Andean foothills, escarpments
and outcroppings and the Puna Ecoregion represents areas of high plains
or tablelands between mountain ranges. The habitats vary climatically
on both attitudinal and latitudinal scales but are generally arid and
cold, resulting in limited vegetation cover. The habitat of the vicuna
in the high Andean plateau region varies from 3,200 to 4,800 m above
sea level. This highland habitat has been somewhat degraded by humans
and their domesticated livestock, but still represents an extensive
habitat for vicuna. The low average density of 1 vicuna per 103 ha
reflects the limited carrying capacity of the high Andean habitats as
well as the fact that many vicuna habitats are understocked. National
Reserves, National Parks, Protected Areas, or Provincial Reserves where
vicuna are protected are scattered throughout vicuna habitat in each of
the four countries considered in this proposed rule.
Argentina
Vicuna distribution in Argentina includes portions of the
northwestern provinces of Jujuy, Salta, Catamarca, La Rioja, and San
Juan. Vicuna habitats in the Puna and Altoandina Ecoregions of
Argentina cover a surface area of about 10,000,000 ha (Canedi 1997,
pers. comm.). The area of available habitat has been reduced since the
arrival of Europeans in South America, because the species is no longer
present in the Patagonian regions of Argentina.
Vicuna habitat in Argentina is bounded to the west by the volcanic
chain of the Andean Cordillera in Chile, in the east by the eastern
Cordillera and the Sierra Pampeanas mountains, in the north by
contiguous vicuna habitat in Bolivia, and in the south, vicuna habitat
extends into the Province of San Juan. The general area is
characterized by blocks of uplifted mountains surrounding extensive
valleys featuring alkaline or saline flats and a rolling topography.
Aridity is a common and constant feature of the Puna. Many water
courses are temporary but there are occasional areas of damp ground
where surface water and green vegetation in the form of rushes, grasses
and a variety of succulent plants occur. Much of the thin vegetation
cover over most of the Puna consists of grasses and xerophilous half-
shrubs (Comision Regional de la Vicuna, 1994).
[[Page 48745]]
Temperatures are cold and frost can occur each day of the year. The
carrying capacity of the humid Puna may be as much as two vicuna per ha
but in the drier Puna habitats the carrying capacity may only be one
vicuna per 30 ha.
The Provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan
have created reserves and other protected areas for vicuna. In Jujuy
Province, Los Pozuelos Reserve was created in 1980 and consists of
308,000 ha. About 15,000 ha of this Reserve have been incorporated into
the UNESCO Man and Biosphere program as a natural area of international
significance. The vicuna population in the Reserve in 1997 was
estimated to be 2,750 (CITES 1997a). The Olaroz-Cauchari Flora and
Wildlife Reserve was created in 1981 to enhance vicuna populations and
consists of 543,300 ha. The vicuna population in the Reserve in 1994
was estimated to be 6,500 and growing (CITES 1997a). Other areas where
vicuna are protected in Jujuy Province include Vilama (97,000 ha),
Santa Victoria (54,600 ha), Palca de Aparzo (55,800 ha), Caballo Muerte
(18,500 ha), Casa Colorado (31,000 ha), Abra de Zenta (69,000 ha) and
Serranias del Chani (158,900 ha) (CITES 1997a; V. Lichtschein,
Management Authority of Argentina, pers. comm. with K. Johnson, Office
of Scientific Authority (OSA), 1999). These areas are not listed in the
WCMC Protected Areas Database, so we are unclear as to their actual
protective status (i.e., whether they are national, provincial, local
or private protected areas). The high altitude experimental station
(Campo Experimental de Altura or CEA) is located at Abra Pampa in Jujuy
Province. This experimental station of 3,000 ha is dedicated to the
development of appropriate management procedures to enhance fiber
production of vicuna, assure the survival of the species, and to
enhance the economic well-being of certain Puna ranchers. The human
population is very low throughout the Reserves and protected areas of
the Province.
In Salta Province, the Los Andes Wildlife Reserve of 1,440,000 ha
was created in 1980. The rigorous climate restricts the human
population to very low densities. Agriculture does not exist in this
area and the ranching of cattle, sheep, goats and llamas is
rudimentary. Although the carrying capacity for vicuna in the Reserve
is estimated to be one individual per 30 ha, a partial census in 1993
counted only 2,000 vicuna (CITES 1997a). In Catamarca Province, the
Laguna Blanca Wildlife Reserve was created in 1979 and enlarged in 1982
to 973,270 ha at which time it became recognized by the UNESCO Man and
Biosphere program as a natural area of international significance. The
human population is very sparse and scattered in the general area of
the Reserve. The 1993 vicuna population in Laguna Blanca Reserve was
estimated to be 3,505 (CITES 1997a). In La Rioja Province, the Laguna
Brava Reserve for Vicunas and the Protection of Ecosystems was created
in 1980 and consists of 405,000 ha. Human habitations do not exist in
the Reserve, which is contiguous with the San Guillermo Faunal Reserve
in San Juan Province. The 1996 vicuna population in the Reserve was
estimated to be 2,187 (CITES 1997a). San Guillermo Faunal Reserve was
created in 1972 and consists of 880,260 ha. In 1982 it became part of
the UNESCO Man and Biosphere program as a natural area of international
significance. This was the first Provincial Reserve dedicated primarily
to the protection of the vicuna. This area is devoid of human and
domestic animal populations. Although the area has a carrying capacity
estimated to be one vicuna per 7 ha of habitat, the 1992 vicuna
population in the Reserve was estimated to be only 7,100 (CITES 1997a).
We have virtually no quantitative information on the extent or
condition of vicuna habitats outside protected areas in Argentina.
Anecdotal information suggests that overgrazing by domestic livestock
(leading to soil compaction and desertification) and direct competition
for forage with domestic livestock may be important factors limiting
the growth of vicuna populations outside protected areas (CITES 1997a).
Other information indicates that some competition with domestic
herbivores occurs in the arid Puna where precipitation is <300 mm per
year but that competition is not as much of a problem in the humid Puna
where precipitation may exceed 500 mm per year. A program to combat
desertification has apparently been initiated in Jujuy Province (CITES
1997a).
The limited quantitative information presently available to us
indicates that vicuna populations throughout Argentina are not
endangered by the present or threatened destruction, modification, or
curtailment of habitat or range. However, they remain threatened by
this factor (especially overgrazing and direct competition with
domestic livestock) throughout Argentina. Through this proposed rule,
we seek additional, quantitative information on the status of vicuna
habitats throughout Argentina. We especially seek detailed information
on land use restrictions (for example, prohibitions on the grazing of
domestic livestock) and protective measures (for example, antipoaching
efforts) within protected areas, and on efforts to manage habitat
outside protected areas (including programs to combat desertification
and to reduce competition with domestic livestock).
Bolivia
Vicuna occur in western and southwestern Bolivia in the Departments
of La Paz, Oruro, Potosi, and Cochabamba (CITES 1997b). They have also
been reported from the Department of Tarija, but the reports have not
been confirmed (CITES 1997b). It has been suggested (DNCB 1997, pers.
comm.) that vicuna may once have ranged over 13,000,000 to 16,700,000
ha in the Puna and high plateau region of the Bolivian Andes, before
colonization by the Spaniards.
The Bolivian government has established Vicuna Conservation Units
(VCU) for administrative and management purposes (CNVB 1996). Eight
VCUs were originally established by the Instituto Nacional de Fomento
Lanero (INFOL 1985); a ninth unit was subsequently added as a result of
the National Vicuna Census of 1996 (CNVB 1996). These nine VCUs
encompass all of the vicuna's geographic range within Bolivia. The
National Vicuna Census of 1996 recorded vicuna populations in 76
``registered census areas'' totaling 3,428,356 ha within the nine VCUs.
These registered census areas are distributed throughout the Bolivian
highlands at an elevation range between 3,600 and 4,800 m. Thirty of
these registered census areas did not have any vicuna in the previous
national census (1986), indicating a significant increase in the
vicuna's distribution within Bolivia over a 10-year period. Sixty-nine
percent of the vicuna counted in 1996 (23,393 of 33,844) occurred in
the Conservation Units of Lipez-Chichas, Mauri-Desaguadero and Ulla
Ulla.
Vicuna are found in a number of protected areas in Bolivia. Within
the National System of Protected Areas (Sistema Nacional de Areas
Protegidas, or SNAP), vicuna occur in the Ulla Ulla National Fauna
Reserve (150,000), the Eduardo Avaroa National Andean Fauna Reserve
(714,000 ha), and Cerro Sajama National Park (100,230 ha) (information
from WCMC Protected Areas Database 1999). Other protected areas with
vicuna are the Huancaroma Vicuna Reserve (140,429 ha), Huancaroma
Wildlife Refuge (11,000 ha), Llica National Park (97,500 ha), Yura
National Fauna Reserve (96,853 ha), Altamachi Vicuna Reserve (100,000
ha), and the Incakasani-Altamachi Andean Fauna Reserve (23,000 ha)
[[Page 48746]]
(information from WCMC Protected Areas Database 1999).
The area where vicuna are presently found in Bolivia is expanding,
but will likely never equal the former distribution range because of
habitat changes caused by overgrazing by sheep and other domestic
livestock, and human-caused developments such as roads and cities.
Vicuna generally occur on communal property lands in Bolivia. In the
northern highlands vicuna share habitats mainly with alpacas, in the
central highlands with cattle, sheep, llamas, alpacas and agriculture,
and in the southern highlands with llamas (CITES 1997b). Overgrazing,
especially by sheep, has reduced range carrying capacity in many areas.
The limited quantitative information presently available to us
indicates that vicuna populations throughout Bolivia are not endangered
by the present or threatened destruction, modification, or curtailment
of habitat or range. However, overgrazing by domestic livestock and
direct competition for forage with domestic livestock are still
considered to threaten vicuna populations throughout Bolivia. Through
this proposed rule, we are seeking additional, quantitative information
on the status of vicuna habitats throughout Bolivia. We especially seek
detailed information on land use restrictions (for example,
prohibitions on the grazing of domestic livestock) and actual
protective measures (for example, antipoaching efforts) within
protected areas, on the status of development of Vicuna Management
Plans and Soil Use Plans in the three pilot areas of the National
Vicuna Conservation Program (Lipez-Chichas, Mauri Desauadero, and Ulla
Ulla), and on current efforts to manage habitat on lands which are not
within either the three aforementioned conservation units or
officially-designated protected areas. We also seek more information on
the National Program for the Fight Against Desertification and Drought.
Chile
The vicuna occurs in extreme northeastern Chile in the Regions of
Tarapaca, Antofagasta, and Atacama. Over 96 percent of the vicuna
(19,169 of 19,848) in Chile are found within the Caquena Management
Zone, Lauca National Park, and the Vicuna National Reserve within this
Province (Galaz 1997, pers. comm.). These areas have typical vicuna
habitats and limited human populations.
Most vicuna in Chile are found within protected areas. These
include the aforementioned Caquena Management Zone (90,146 ha), Lauca
National Park (137,883 ha) and the Vicuna National Reserve (209,131 ha)
within Parinacota Province. A few vicuna also occur in Salar de Surire
Natural Monument in Parinacota Province (11,298 ha), and Isluga Volcano
National Park in Iquique Province, Tarapaca Region (174,744 ha).
Information presently available to the Service indicates that
vicuna populations in Chile are probably not endangered by the present
or threatened destruction, modification, or curtailment of habitat or
range. This is because the overwhelming majority of vicuna in Chile
occur in protected areas where there is some measure of control over
domestic livestock grazing. However, overgrazing by domestic livestock
and direct competition for forage with domestic livestock may still
threaten vicuna populations in Chile. Through this proposed rule, we
seek additional, quantitative information on the status of vicuna
habitats throughout Chile. We especially seek detailed information on
land use restrictions (for example, prohibitions on the grazing of
domestic livestock) and protective measures (for example, antipoaching
efforts) within protected areas, and on effort to manage habitat
outside protected areas (including programs to combat desertification
and to reduce competition with domestic livestock).
Peru
Vicuna in Peru in 1997 were estimated to occur on about 6,361,000
ha throughout the 15,000,000 to 17,000,000 ha of suitable habitat in
the Peruvian high plains. Factors that could impact future areas of
vicuna habitat include increased urbanization, successful
reintroductions of vicuna into present areas of suitable but unoccupied
habitat, and the replacement of domestic livestock by vicuna. Vicuna
are better adapted to the rigorous climate and ecological conditions of
the Puna, than are many species of domestic livestock. Overgrazing by
domestic livestock remains the greatest threat to habitat conditions in
the Puna.
Vicuna occur in 782,186 ha of Peruvian protected areas, including
Huascaran National Park (340,000 ha), Pampa Galeras National Reserve
(75,250 ha) and the Salinas and Aguada Blanca National Reserve (366,936
ha) (Hoces R. 1997, pers. comm.).
Information presently available to the Service indicates that
vicuna populations in Peru are not endangered by the present or
threatened destruction, modification, or curtailment of habitat or
range. This assessment is based on the overall size of Peru's vicuna
population, plus the large number of community-based management
programs there. Overgrazing by domestic livestock and direct
competition for forage with domestic livestock may still threaten
certain vicuna populations in Peru. Through this proposed rule, we are
seeking additional, quantitative information on the status of vicuna
habitats throughout Peru. We especially seek detailed information on
land use restrictions (for example, prohibitions on the grazing of
domestic livestock) and protective measures (for example, antipoaching
efforts) within protected areas, and on efforts to manage habitat
outside protected areas (including programs to combat desertification
and to reduce competition with domestic livestock).
(B) Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Vicuna wool was valued by the Incas and estimates suggest there may
have been 1,000,000 to 1,500,000 vicunas in the region during the Incan
period. Although utilized by the Incas, there is no evidence that the
species was exploited at unsustainable levels. After destruction of the
Inca Empire by Europeans, vicunas were slaughtered in large numbers for
both their meat and wool. In the 1950's populations may still have
totaled 400,000, but hunting pressures and livestock competition may
have reduced the total population to about 6,000 individuals by 1965
(Nowak 1991). Other authors suggest somewhat different numbers but
similar trends.
Vicuna numbers in individual range countries have apparently
fluctuated as political and economic stability has fluctuated. For
example, vicuna numbers in Peru were low in 1965, gradually built to
high levels in 1990, were significantly reduced by illegal hunting
during the 1992-94 period of civil unrest, and have since recovered to
1990 levels. The major breakthroughs in the potential management of
vicuna in Peru were new laws transferring the custodianship of vicuna
to campesinos (peasants) and campesino communities, giving the
campesinos the responsibility to protect vicunas, the implementation of
protective measures, the determination that it was not necessary to
kill vicuna in order to obtain wool from their hides, and the
development of management techniques to herd, capture and shear living
vicuna (Wheeler and Hoces R. 1997). The key factor has been allowing
the benefits of vicuna management and utilization to accrue
collectively to campesino communities (rather than to middlemen
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or other individuals) (Wheeler and Hoces R. 1997).
The vicuna remains a potentially easily exploited resource. It has
great economic value and is a highly visible, diurnal occupant of open
landscape. Some poaching for skins or subsistence hunting for meat
probably still occurs, as does killing of vicunas because of perceived
competition with domestic livestock. This appears to be a source of
mortality that could potentially seriously impact vicuna numbers, as it
has done in the past.
Vicuna Population Status: Argentina
The vicuna population of Argentina is currently estimated to be
approximately 32,000 individuals and increasing, based on censuses
completed in various protected areas between 1992 and 1996 (CITES
1997a). Data appear to be most complete for Jujuy Province, where the
Olaroz-Cauchari Reserve has been surveyed regularly since 1973-74, and
estimates are available for a number of other areas where vicuna are
protected (CITES 1997a). The population of Jujuy Province was estimated
to be approximately 18,000 individuals in 1997 (CITES 1997a). A
population survey was recently completed in Salta Province (V.
Lichtschein, pers. comm. with K. Johnson, OSA, 1999), but the results
are not yet available to us. Data from other provinces are somewhat
dated and incomplete (CITES 1997a).
As previously mentioned, the vicuna population of Argentina is
believed to be increasing. Data from the Olaroz-Cauchari Reserve (where
numbers increased from about 330 individuals in 1973 to 6,500 in 1995)
Laguna Brava Reserve, and Laguna Blanca Reserve all show substantial
population increases over the past 10 to 20 years (CITES 1997a).
Possible causes for the population increases are the newly developed
support for vicuna by the campesino communities of the Puna, the
creation of protected areas and the control of illegal hunting
activities (Canedi 1997, pers. comm.). It is anticipated that some
transplanting will occur from certain areas if populations grow to
exceed carrying capacity.
Vicuna Utilization: Argentina
Poaching does not appear to be a major problem at present (V.
Lichtschein, pers. comm. with K. Johnson, OSA, 1999; E. Hoffman,
journalist, pers comm. with K. Johnson, OSA, 1999). Sport hunting of
vicuna is not permitted in Argentina and no permits have been issued
for the capture of wild vicuna for scientific or educational purposes.
The vicuna utilization scheme in Argentina consists of a developing
effort to sustainably use wild populations in Jujuy Province, and an
effort to develop semi-captive populations in the provinces of
Catamarca, Jujuy, La Rioja, Salta, and San Juan. This model has been
developed to be relevant to the conditions of the Argentine Puna where
lands are owned by individual ranchers, human populations are very
sparse and vast areas of potential habitat with limited vicuna
populations exist (CITES 1997a).
Experimental efforts to develop management programs under semi-
captive conditions are conducted at the National Institute of
Agriculture and Cattle Technology (INTA) at their High Altitude
Experiment Station (CEA) at Abra Pampa. Studies have emphasized
efficient fences to contain vicuna, the determination of the carrying
capacity of different range types, and the capturing and shearing of
vicuna and wool processing procedures.
The experimental results have direct applications because a limited
number of vicuna ranching operations have been established in Jujuy and
Salta Provinces. These ranch operations have used vicuna donated from
the Abra Pampa semi-captive herd and donated fencing materials. Vicuna
family units are placed into a fenced area. Individual ranchers who
have been trained in vicuna management have the responsibility to
protect and provide for the vicuna. Young vicuna, produced under these
semi-captive conditions, are either used as replacement stock or are
returned to CEA as compensation for the initial vicuna donation. The
semi-captive herds are sheared at two year intervals using the
techniques developed at CEA. At the time of shearing, representatives
of INTA, the Department of Renewable Natural Resources, the Gendarmes
(military police), a Doctor of Veterinary Medicine, and the wool buyer
are present to observe and/or supervise the operation. The wool buyer
in 1997 was an Argentine wool processing company that donated the
fencing materials. The wool purchase is used to retire the debt on the
fencing materials and to provide immediate payment to the individual
rancher. The wool, at the time of shearing, is weighed, bagged, marked,
sealed, recorded and stored in a sealed warehouse until all commercial
authorizations have been completed.
The production of vicuna wool under semi-captive conditions
benefits the individual campesino rancher and is a program growing in
popularity. It is claimed that this program enhances the status of
vicuna because the ranchers support the program and support the
presence of non-captive vicuna in the provinces, and it has enhanced
the gendarme-rancher relationship which has improved protective
measures for vicuna. However, we continue to have concerns over the
appropriateness and effectiveness of this approach as a conservation
tool for wild populations of vicuna. The captive population at Abra
Pampa has been developed from a limited number of founder animals (16
females and 6 males). As such, there is concern over the genetic
fitness of animals in this population. There is also concern about
possible genetic and disease consequences if vicuna from the Abra Pampa
population are translocated to different provinces and subsequently
escape to mingle with the wild population. We are concerned that semi-
captive populations may be established in the most favorable vicuna
habitat areas, thus potentially depriving wild vicuna populations of
important resources such as water or forage. Finally, we have no
information showing a demonstrable link between establishment of semi-
captive vicuna populations and improved conservation status of wild
populations (for example, a demonstrable reduction in poaching of wild
vicuna in areas with semi-captive populations, or a demonstrable
improvement in habitat conditions as a result of decreased domestic
livestock numbers in areas with semi-captive populations). The Appendix
II semi-captive populations of Catamarca, Jujuy, La Rioja, Salta, and
San Juan Provinces are specifically excluded from the proposed special
rule until their conservation benefit for wild vicuna is demonstrated
adequately. With this proposed rule, we seek substantive information
demonstrating the conservation value (for wild vicuna) of semi-captive
vicuna populations.
The vicuna is not considered to be endangered by previous or
current overutilization in Argentina. It is, however, considered to be
threatened by overutilization throughout Argentina, and will continue
to be threatened until appropriate conservation mechanisms are fully
implemented and the populations fully recover, based on successful
conservation and management. Through this proposed rule, we seek
additional information on the status of wild vicuna populations
throughout Argentina.
Vicuna Population Status: Bolivia
Vicuna populations in Bolivia were recorded as 33,844 in the
country-wide census of 1996 and current populations are estimated at
about 35,500 (DNCB 1997, pers. comm.). The population is
[[Page 48748]]
generally thought to be increasing, and perhaps has reached carrying
capacity in a few areas. Population data determined by direct and total
counts of individuals on selected habitat areas are best for the three
experimental pilot areas--Ulla Ulla, Mauri-Desaguadero and Lipez
Chichas whose populations were transferred to CITES Appendix II in
1997. Periodic censuses have occurred over a 30-year period for Ulla
Ulla, and over a 15-year period for the other two pilot areas. The
growth in the total vicuna population has been both in density within
well-known habitat areas and in the number of habitat areas with
vicuna. It is believed that the principal reason for the growth in the
general vicuna population is the protection provided by the campesino
communities, especially those that have government supported game
wardens.
Vicuna Utilization: Bolivia
Some campesino communities are hostile to vicunas because of crop
depredation or perceived competition with domestic livestock and the
fact that no economic benefits are presently realized from vicuna. This
may result in the killing of vicuna, although we have no substantive
information which directly supports this conclusion. The granting of
custodianship to the local communities and the delegation of monitoring
to the provincial governments is expected to provide the mechanism to
address this issue.
Poaching of vicuna is known to occur in Bolivia (CITES 1997b), and
may be at a level that is of concern. One individual was recently
arrested outside La Paz with 324 vicuna skins in his possession (E.
Hoffman, pers. comm. with K. Johnson, OSA, 1999). Vicuna products,
including rugs made from many skins, can be seen for sale in the San
Francisco Plaza in La Paz (E. Hoffman, pers. comm. with K. Johnson,
OSA, 1999). Local traditional authorities use vicuna ponchos, scarves
and blankets, especially at traditional celebrations (CITES 1997b). The
wool used in these products comes from animals killed illegally (CITES
1997b). Tour operators in remote areas claim to encounter skinned
vicuna carcasses on a regular basis (E. Hoffman, pers. comm. with K.
Johnson, OSA, 1999).
Vicuna are not captured in Bolivia for educational or scientific
purposes. There is no intent to have commercial meat operations as the
only authorized commerce will be in wool and wool products from live-
shorn vicunas from wild populations. At present, there is no trade in
wool as Bolivia has a zero quota under CITES.
Bolivia, as well as the other signatory countries to the Conveno
para la Conservacion y Manejo de la Vicuna (Convention for the
Conservation and Management of the Vicuna, or the Vicuna Convention),
has agreed not to export fertile specimens of vicuna. The sole
exception has been a 1993 export of 100 vicunas to the Republic of
Ecuador to aid in their vicuna recovery efforts. This was accomplished
within the multilateral frameworks of both the Vicuna Convention and
the CITES Convention.
Bolivia's National Program for the Conservation of Vicuna is in
very early stages of implementation. Bolivia is developing pilot
programs for harvesting and marketing wool from live-shorn vicuna that
borrow significantly on the successful management program in Peru. The
initial step of the National Vicuna Conservation Program was to
transfer three substantial vicuna populations in areas where campesino
interest and commitments were high (Ulla Ulla, Mauri-Desaguadero, Lipez
Chichas) from CITES Appendix I to II, so that pilot management and
shearing programs could be perfected prior to expanding the management
programs to other vicuna habitats. The second step has been the
development of an agreement between the Programma Quinua Potosi
(PROQUIPO) and the DNCB to operate the Pilot Center of Sud Lipez to
actually develop and demonstrate those management and shearing programs
to enable the sustainable use of the vicuna through live shearing to be
realized eventually.
Vicuna population trends throughout Bolivia are encouraging, and
populations appear to have recovered to the extent that they are no
longer endangered by previous and current overutilization. We consider
that the vicuna is threatened by overutilization throughout Bolivia,
and will continue to be threatened until appropriate conservation
mechanisms are fully implemented and the populations fully recover,
based on successful conservation and management. Through this proposed
rule, we seek additional information on the status of wild vicuna
populations throughout Bolivia. We especially seek information on the
magnitude of poaching.
Vicuna Population Status: Chile
Over 96 percent of the vicuna (19,200 of 19,850) in Chile occur in
Parinacota Province in the extreme northeastern portion of the country.
The populations in the Caquena Management Zone (3,700 vicuna on 101,380
ha) and in the National Vicuna Reserve (8,050 vicuna on 288,970 ha) in
this Province were transferred to CITES Appendix II in 1987, and would
be the only populations utilized commercially should a program to
capture and shear live vicuna be instigated (Galaz 1997, pers. comm.).
The adjacent population in Lauca National Park (7,410 vicuna on 153,380
ha) was retained on Appendix I to provide further control over vicuna
in this protected natural area. The vicuna population in Parinacota
Province is believed to be at or near carrying capacity in typical
vicuna habitat. The remaining four percent of Chile's vicunas occur
elsewhere in the upper Andean tablelands in northeastern Chile. About
650 vicuna are believed to occur in small scattered groups over about
215,000 ha elsewhere in the Tarapaca Region and in the neighboring
Antofagasta and Atacama Regions.
Vicuna Utilization: Chile
The hunting, capture and sale of vicuna and vicuna products is
unlawful in Chile and, at present, there is no national or
international trade in vicuna fiber, no exports of living vicuna and no
known illegal trade in vicuna products. Poaching is not considered to
be a problem in Chile (E. Hoffman, pers. comm. with K. Johnson, OSA,
1999). In summary, protected areas have been established in locations
with a high density of vicunas, a conservation and management plan has
been developed for vicuna, legal provisions have been developed to
protect the species and adequate protection is being provided for the
species, especially in Lauca National Park and the National Vicuna
Reserve.
The vicuna is not considered to be endangered by previous or
current overutilization in Chile. However, as a vicuna wool industry
could potentially be approved in Chile, overutilization is still
considered to threaten the Chilean population until such time as
control mechanisms for harvest and commercialization are demonstrated
to be adequate.
Vicuna Population Status: Peru
The 1997 census in Peru estimated a population of 103,650 vicuna on
6,361,000 ha of habitat (Hoces R. 1997, pers. comm.) in the high Andean
tablelands of the departments of Ancash, Apurimac, Arequipa, Ayacucho,
Cajamarca, Cusco, Huancavelica, Huanuco, Junin, La Libertad, Lima,
Moquegua, Pasco, Puno and Tacna. Vicuna populations have been
increasing since 1994. This is believed to be due to the increased
efforts to control vicuna poaching and
[[Page 48749]]
the development of a vicuna wool utilization program. Several campesino
communities now participate in the protection, management and
utilization of vicuna in cooperation with the National Council of South
American Camelids (CONACS) and the National Institute of Natural
Resources (INRENA), which is the designated CITES Management Authority
for Peru.
Vicuna Utilization: Peru
As mentioned previously, vicuna numbers in Peru have fluctuated
greatly in recent years as a result of political and economic
instability. Vicuna numbers were low in 1965, gradually built to high
levels in 1990, were significantly reduced by illegal hunting during
the 1992-94 period of civil unrest, and have since recovered to 1990
levels.
At present, legislation in Peru permits the taking of vicuna if
properly authorized and technically supported. Some culling of vicunas
(about 1,000 per year) did occur from 1977 to 1983 but no quotas have
been declared and little if any legal take has occurred since that
date. Any take for scientific studies is rare and, when authorized, is
tightly controlled. There is no legal utilization of vicuna for meat or
parts.
Commercialization of vicuna wool products will likely not result in
overutilization of vicuna because of the system of controls that exist
in monitoring wool collections, governmental supervision by CONACS and
INRENA, and the involvement of local campesino communities. CONACS and
INRENA have the responsibility to protect and monitor vicunas within
protected areas such as Huascaran National Park, Pampa Galeras National
Reserve and the Salinas and Aguada Blanca National Reserve. The
protection and monitoring of vicunas in the rural communities is a
major responsibility of participating campesino communities in
coordination with CONACS and INRENA.
CONACS has developed techniques, at Pampa Galeras, for capturing
and harvesting wool from living wild vicuna. Capture methods are based
on the traditional ``chaku, a surround technique used by the Incas to
capture and shear vicunas (Wheeler and Hoces R. 1997). CONACS has
taught and supervised campesino communities in this technique and other
aspects of vicuna management. At Pampa Galeras and in other areas of
the Peruvian Puna, vicunas occur on communal lands and campesinos
represent an abundant and important work force.
The process used to capture and shear vicunas was observed in
August 1997 by Dr. Short (on behalf of the National Fish and Wildlife
Foundation). Vicunas to be shorn were slowly herded across a wide
habitat area and ``pushed'' into a V-shaped funnel trap. The vicuna
were eventually crowded into a corral where they were sorted by hand to
identify adults with adequate fleeces; this is a consideration because
it takes about 18 months to grow a fleece that will yield shorn fibers
that are 2 cm (0.78 in) long. All animals were ear-tagged, identified,
weighed and cursorily examined for general condition. Each animal to be
clipped was restrained and the fleece along the back and flanks was
removed in a single mass, using electric clippers. That portion of the
fleece was placed in a plastic bag. The shoulder, rump and leg wool was
then clipped and placed in a separate bag. Both bags of wool from an
individual animal were tagged, sealed, weighed and recorded at the
field location immediately after clipping was completed. Belly and
chest hair were left intact on the animal in the belief that it would
subsequently insulate the animal when it was resting on cold ground.
The capture, handling, clipping and the securing of the vicuna fleece
was accomplished by campesinos under the supervision of personnel from
CONACS and the Sociedad Nacional de la Vicuna (SNV). Upon the
completion of the clipping effort the shorn animal was released.
Clipping took about two minutes per animal. No significant injuries
were observed from the capture, handling or clipping of the live wild
vicunas under these observed conditions.
Cleaning of guard hairs and dirt from vicuna fleeces is usually
accomplished by women from the campesino communities. Such cleaning
takes about 2-3 woman-days per 250-gram (9 ounce) fleece. Up to 100
women from the Lucanas campesino community near Pampa Galeras may be
employed during the time period required to process an annual harvest
of up to 2,000 fleeces. Careful weights are kept as fleeces are
unsealed, cleaned, re-bagged and resealed prior to auction. A single
auction supervised by CONACS serves all campesino communities producing
vicuna wool.
Vicuna management essentially provides full-time employment for
many members of the Lucanas community--building fences, obtaining and
cleaning fleeces, providing protection to vicuna and providing
instruction to other communities wishing to establish a vicuna
industry. It was reported that as part of the arrangement between the
Lucanas community and the government, 500 vicunas are used to restock
vicuna habitats in neighboring communities, in exchange for both a
hydro-electric project and other economic assistance.
The Pampa Galeras experience is the model for other campesino
communities in Peru and will likely be the model for similar efforts in
Bolivia. Campesino communities in both countries benefit by having some
initial funds to develop a vicuna management infrastructure--either
from the national government, as in Peru, or the European Community in
aid to Bolivia.
Efforts are apparently underway in Peru to develop ranching of
vicuna (i.e., fencing of natural areas to produce semi-captive
populations) (Wheeler and Hoces R. 1997). Although translocation of
animals does not appear to be involved in this case, we still have many
of the same concerns as previously expressed for the semi-captive
populations in Argentina. We reiterate our desire to receive
substantive information demonstrating the conservation value (for wild
vicuna) of semi-captive vicuna populations.
The vicuna is not considered to be endangered by previous or
current overutilization in Peru. It is, however, considered to be
threatened by overutilization, and will continue to be threatened until
appropriate conservation mechanisms are fully implemented and the
populations fully recover, based on successful conservation and
management.
(C) Disease or Predation
Vicunas, like most mammals, suffer from a variety of endo-and ecto-
parasites. Mange caused by parasitic mites can result in skin lesions
and loss of hair, especially in those populations that coexist with
domestic livestock, especially during drought conditions. Drought
conditions or extremely degraded ranges adversely impact vicuna by
causing movements to new habitats with the possible dissolution of some
family groups and reductions in reproductive rates and successes, and
perhaps increased mortalities. Major predators on vicuna include the
puma (Felis concolor), the Andean fox or zorro (Dusicyon culpaeus) and
perhaps the Andean condor (Vultur gryphus), which may kill newborn and
very sick animals.
Vicuna populations in the four range countries are not believed to
be endangered from the impacts of disease or predation, in part because
the numbers of individuals within each population are considered to be
increasing. Likewise the vicuna populations are not likely to be
threatened by these factors if the benefits from the commercialization
of vicuna wool products are used to
[[Page 48750]]
enhance the standard of living in campesino communities, with
concomitant effective protection and enforcement. We remain concerned
about the potential for disease transmission from animals that are
translocated for the development of semi-captive populations or for
release to the wild to supplement wild populations, and seek additional
information on this issue.
(D) The Inadequacy of Existing Regulatory Mechanisms
The regulatory mechanisms in place vary significantly among the
four range countries. Those in Peru are very substantive and involve
the establishment of new governmental agencies, new mechanisms to
enhance inter-community coordination, enhanced vicuna management
procedures and a regulated and active vicuna wool industry that
currently returns economic benefits to campesino communities. Argentina
has also developed regulatory mechanisms to allow the development of a
vicuna wool industry that currently benefits a small number of local
ranchers. Bolivia is currently developing mechanisms to develop a wool
industry and is building on many of the procedures that are apparently
successful in Peru. Chile has no current plans for developing a wool
industry but has conceptualized how such an industry might be
successfully managed.
Regulatory Mechanisms: Argentina
In Argentina, the First Interprovincial Technical Conference on the
Conservation of the Vicuna met in 1972 and agreed to develop methods to
capture, transport and recolonize vicuna habitats and develop a plan
for the management, shearing and the manufacture of handicrafts from
vicuna fiber. Additional meetings integrated the provincial vicuna
programs, established a national program, and established the ``Vicuna
Regional Commission'' as a mechanism to attain national coordination on
the vicuna management program (Comision Regional de la Vicuna, 1994).
Argentina ratified the CITES Convention in 1981. In 1988 Argentina
signed the Vicuna Convention and has since carried out its programs
within the context of this agreement. Argentine National Law for the
Conservation of Wildlife 22.421 and its Regulatory Decree No. 691,
provides for vicuna protection. The Constitution of Argentina, reformed
in 1994, assures the rights of the provinces over their respective
natural resources, assures the rights of indigenous people to use these
natural resources in traditional ways, and embraces the conservation of
biological diversity and the sustainable development of natural
resources.
Several laws and decrees within the various Provinces list the
vicuna as a protected species, establish protected areas for the
species, prohibit hunting, and prohibit commercialization,
transportation, or manufacturing of parts or products from hunted
animals, regardless of origin. Laws and decrees also allow the
installation of captive breeding operations and the commercialization
and industrialization of products from captive-bred animals (Canedi
1997, pers. comm.).
The Departments of Renewable Natural Resources for Jujuy, Salta,
Catamarca and La Rioja Provinces have signed agreements with the
Secretariat of Natural Resources and Human Environment and the National
Gendarmes, a Federal Law Enforcement group, to enforce provisions of
Provincial and National laws that prohibit illegal hunting and
smuggling. The Gendarmes conduct extensive patrols in rural areas and
on the borders, and have officers at the ports, airports and borders.
They are capable of conducting inspections and investigations involving
the illegal trafficking of vicuna wool. They also have an environmental
division which meets with campesinos and tries to promote the vicuna
program. Although both the Department of Renewable Natural Resources
and the Gendarmes may not have adequate resources at their disposal,
they are thought to be working effectively with the campesino
communities of the Puna as evinced in the increase of vicuna
populations of the Puna (Canedi 1997, pers. comm).
The only legal wool at the present time is that obtained from the
shearing of live vicuna at the officially authorized semi-captive
population facilities. We understand that a registry of authorized
semi-captive populations is maintained by the national Direccion de
Fauna y Flora Silvestres (V. Lichtschein, pers. comm. with K. Johnson,
OSA, 1999). Wool from shorn fleeces is bagged, tagged, weighed, sealed,
recorded, and the government agency that supervised the shearing is
identified on the bag. Wool from officially authorized breeders
(ranchers) can be directly auctioned for direct export, or the ranchers
(if artisans) can retain the wool, and make and sell cloth. Either the
wool buyer or the rancher-artisan would need a transport permit and
that transport permit would need to be presented when the CITES export
permit is requested. Fabric or products manufactured by rancher-
artisans will need to be marked with the official seals or stamps. Such
fabrics or products, expected to be limited in numbers, can only be
sold to licensed outlets recognized and approved by the government. The
check on whether fabrics or products are made from legal vicuna wool is
determined by comparing weights of fleeces harvested under supervised
shearing operations, the weight of raw wool that is retained by the
authorized rancher-artisan and the weights of woolen products produced
by that artisan. At present it is not clear to us which government
agency supervises shearing, which approves licensed outlets for vicuna
products, and which conducts checks of producers to ensure that only
legal wool is used in artesanal products. There is apparently no
national legislation that covers all aspects relating to the trade in
vicuna or the administrative aspects relating to this trade (CITES
1997a).
Wild populations of vicuna in the Province of Jujuy and semi-
captive populations of vicuna in the Provinces of Jujuy, Salta,
Catamarca, La Rioja and San Juan were transferred from CITES Appendix I
to Appendix II at CITES COP10, effective September 18, 1997. Exports
are limited to wool shorn from live animals, cloth and articles made
from that cloth, luxury handicrafts and knitted articles. The reverse
side of cloth and cloth products must bear the logo adopted by
countries signatory to the Vicuna Convention and the words ``VICUNA-
ARGENTINA-ARTESANIA.'' All specimens not meeting the above conditions
are subject to the prohibition against primarily commercial trade.
Articles bought by a foreign tourist at a government authorized store
will be exportable as personal accompanying baggage only after a CITES
export permit has been obtained. The only apparent control of artisan
goods sold to residents of Argentina and later resold to foreign
tourists is the requirement that the tourist have a CITES export permit
upon his/her return to his/her country of origin. This is a requirement
for importation of any personal effects or personal accompanying
baggage by U.S. residents, under the conditions of the special rule
accompanying this petition finding. If the wool from an authorized
captive breeder is sold at auction, the buyer, presumably a wool
processing company, would get a permit from the Provincial Natural
Resources Department which the buyer would present to the National
Secretary for Natural Resources and Human Environment to obtain the
required CITES permit for export.
The National Police (Gendarmes) are expected to aid provincial
authorities in the control of poaching, illegal trade and
[[Page 48751]]
transport of unauthorized products within the country and the routine
inspection of products of legal origin to certify their origin.
Collaboration will also be provided by the National Aeronautical Police
at the country's airports to intensify inspections of commercial
products and passengers.
The vicuna does not appear to be endangered by inadequate
regulatory mechanisms in Argentina. The species, however, is considered
to be threatened by this factor because many of the regulatory
mechanisms are in early stages of implementation, and we are still
unclear about several aspects related to the control of trade in raw
vicuna wool and artesanal products. The vicuna will remain threatened
by this factor until appropriate conservation mechanisms are fully
implemented and the populations fully recover. Through this proposed
rule, we seek detailed information on the control of trade in vicuna
wool and wool products in Argentina, and on the status of national
legislation to control trade.
Regulatory Mechanisms: Bolivia
Bolivia's National Program for the Conservation of Vicuna is in
very early stages of implementation. Bolivia is developing pilot
programs for harvesting and marketing wool from live-shorn vicuna that
borrow significantly on the successful management program in Peru. The
Ministry of Sustainable Development and the Environment is the
organization responsible for planning and coordinating the conservation
of natural resources with the major plans for national development. The
DNCB (Direccion Nacional de Conservacion de la Biodiversidad Unidad de
Vida Silvestre) is located within this Ministry and is the technical
body whose objective is the conservation and sustainable use of
biological resources. The wildlife unit with responsibilities for
executing the National Vicuna Conservation Program is located within
the DNCB.
Several laws and decrees are relevant to vicuna management in
Bolivia. Bolivia and Peru signed the Treaty of La Paz in 1969 to
provide a measure of international protection for vicuna and this
treaty was a precursor to what is presently known as the Vicuna
Convention. Bolivia has also been a signatory to CITES since 1979. The
Agrarian Reform Act of 1953 enabled some rural communities to have
private lands and other rural communities to have unfenced communal
lands which are advantageous to free-roaming vicunas. Law 1654
decentralized executive power to regional departments. Law 1715, passed
in 1996, created the National Institute for Agrarian Reform and
promoted the sustainable use of land, the promotion of practices
favoring conservation and the protection of biodiversity, and the
concept that lands where conservation is practiced would not be subject
to expropriation. Other laws legalized traditional social
organizations, authorized rights for using renewable natural resources
and authorized the establishment of the Secretariat for Sustainable
Development in each Bolivian Department to enhance vicuna management at
regional levels.
Supreme Decree 24529 passed in March 1997, authorized regulations
for the protection and management of vicunas in Bolivia. The Decree
grants custodianship of vicuna populations to the rural communities and
gives the rural communities the exclusive rights to use vicuna fibers,
subject to the listed regulations (DNCB 1997, pers. comm.). Regulations
promulgated under this Decree will affect all activities dealing with
the management, protection, capture, shearing and the commercialization
of vicuna products (as described in subsequent paragraphs). The
regulations are similar to existing legislation in the other countries
that also signed the Vicuna Convention. At present, we are unclear if
these regulations have been approved and fully implemented, although we
were previously told that the DNCB had begun implementation of
regulations by holding workshops in campesino communities to explain
the regulations, by publishing print media guides describing the
regulations and by helping campesino communities begin their compliance
with the regulations (DNCB 1997, pers. comm.). We were also told that
the DNCB had begun coordinating with the National Police and military
to help curb illegal activities dealing with vicuna and their products.
The National Program for Vicuna Conservation emphasizes the management
of wild free-ranging populations of vicuna and emphasizes a desire to
improve habitat quality.
Any vicuna wool presently in commerce in Bolivia is considered
illegal wool. Under the regulations, all existing vicuna wool products
including those in the domestic market are to be inventoried and
registered and all new products or wool fibers will also be registered.
Any non-registered vicuna products will in the future be considered
illegal. The only wool that will be allowed for commercial purposes
will be that obtained from live-shorn vicuna that have been captured
according to regulations. Only raw wool for the manufacture of cloth
will be exported. Bolivia does not have a textile industry with the
capability to manufacture vicuna wool cloth (DNCB 1997, pers. comm.).
Under the regulations, the harvesting of vicuna wool will only be
allowed in organized campesino communities which (1) have the rights to
capture and shear vicuna and utilize vicuna wool and (2) have delegated
authority to work with government authorities in the management and
conservation of the vicuna. These campesino communities are the only
legal benefactors of the sale of vicuna wool. The National Vicuna
Conservation Program will be carried out in these communities and will
contain habitat and vicuna management plans and vicuna census and
distribution data. This information will be basic to decisions to
conduct vicuna drives, and in the conduct of capture and shearing
operations. Monitoring information will be provided by game guards and
recommendations for management actions will be produced in the
campesino communities. Government authorities will be present when
vicuna capturing and shearing occurs. The authorities will register the
number of vicuna captured, the number shorn, the weights of fleeces,
etc., and supervise the bagging, weighing, marking and sealing of
vicuna wool. This information is provided to the CITES authorities for
reference purposes and information later provided in support of export
permit applications must correspond to the on-site records. The
Netherlands government has provided financial support to underwrite
initial efforts to implement the National Vicuna Conservation Program.
The initial effort of the National Vicuna Conservation Program will
be at the Pilot Center of Sud Lipez and its objective will be to
demonstrate the potential worth of the vicuna. The pilot project will
include the capture and shearing of live vicunas and the manufacture of
fabric and eventually the sale of vicuna fiber for the manufacture of
textiles to demonstrate the potential economic benefit to campesino
communities. The vicuna populations of the Conservation Units of Mauri-
Desaguadero, Ulla Ulla and Lipez Chichas were transferred from CITES
Appendix I to Appendix II at COP10, effective September 18, 1997. A
zero annual export quota presently exists. Future exports will be
limited to wool shorn from live animals and to cloth and articles made
from such cloth, including luxury handicrafts and knitted articles. The
reverse side of cloth and cloth products must bear the
[[Page 48752]]
logo adopted by countries signatory to the Vicuna Convention and the
words ``VICUNA-BOLIVIA-ARTESANIA.'' All specimens not meeting any of
the above conditions will be deemed to be subject to the prohibition
against primarily-commercial trade.
The regulations also establish the System for the Protection of the
Vicuna (SVV) which provides for the development of an inter-community
network for the management and protection of the species. These persons
will have direct control over activities such as wool sales, and will
also have responsibilities for determining status and trends in vicuna
populations. The SVV will be composed of game guards who will be
responsible for the protection and control of vicuna in each
conservation unit, made up of local vicuna protection officers and Park
Rangers who are the enforcement officers within protected areas such as
National Parks. Protection and control efforts will also be supported
by special units of the National Police. The military will also assist
in patrols, inspections and the seizures of illegal products. Customs
will assist in the control of the export and import of wool at the
ports of entry, border posts and airports to assure that CITES
requirements are fulfilled. The Secretariat for Natural Resources and
the Environment (SNRNMA) will regulate and coordinate the activities
and participants within the SVV.
The vicuna does not appear to be endangered by inadequate
regulatory mechanisms in Bolivia. The species, however, should be
considered threatened by this factor because many of the regulatory
mechanisms are in early stages of implementation, and we are still
unclear about the status of proposed regulations dealing with the
management, protection, capture and shearing of vicuna, and the
commercialization of vicuna products. The vicuna will remain threatened
by this factor until appropriate conservation mechanisms are fully
implemented and the populations fully recover. Through this proposed
rule, the Service seeks information on the status of proposed
regulations and the implementation of other regulatory mechanisms, such
as SVV, within Bolivia.
Regulatory Mechanisms: Chile
The existing regulatory mechanisms in Chile are presently dedicated
to the protection of vicuna. Chile has not yet authorized the capture
of vicunas to develop a vicuna wool industry and the only exports of
raw wool have been to obtain analyses of the wool's physical
properties. It is illegal to possess vicuna parts and products so no
mechanisms have been developed for registering or identifying raw wool,
or for establishing warehouses for storing wool (SAG 1997, pers.
comm.).
Law No. 4.601 passed in 1929, modified by law No. 19.473 passed in
1996, indefinitely closed the hunting season for vicuna throughout the
Republic of Chile. The hunting, capturing and selling of vicuna (and
vicuna parts) is outlawed. Persons possessing, transporting or involved
in commercial operations with vicuna products need to prove their
actions are authorized by these laws. The Servicio Agricola y Ganadero
(SAG) of the Ministry of Agriculture is the CITES Management Authority,
and has a Department for the Protection of Renewable Natural Resources
and a Wildlife Division. Authorized customs officers (uniformed
police), accredited officials from SAG, and representatives of the
National Forest Corporation provide protection to vicunas within the
National System of Protected Wild Areas.
Preliminary plans, should a vicuna wool industry become authorized,
indicate that the responsible party would need to provide an
application to SAG indicating, among other things, the likely number of
animals to be captured and sheared, the expected yield of the wool
harvest, the logistics of the capture and shearing operation, where and
how the wool would be stored and its eventual destination. SAG, should
they approve the application, would oversee the capture process,
register the quantity of harvested wool, and seal the warehouse where
the wool is stored. SAG would also provide the necessary export
permits, after determining that the quantities for export correspond to
quantities authorized and actually harvested. Preliminary plans also
suggest that a mechanism would be established to deal with the
production and sale of luxury handicrafts and knitted articles. That
organization would be responsible for receiving the wool, registering
and offering the wool products for sale, for recording the sale of
registered craft items and providing an accounting of the sale of
registered craft items (SAG 1997, pers. comm.).
Chile has succeeded in having certain vicuna populations in the
Paranicota Province, Region of Tarapaca (specifically, the populations
in the Caquena Management Zone and the Vicuna National Reserve)
transferred from CITES Appendix I to Appendix II in 1987 (at COP6). Any
future export of vicuna products would be limited to wool sheared from
live animals in Appendix II populations and to cloth and items made
from that cloth including luxury handicrafts, and knitted articles. The
reverse side of cloth and cloth products would need to bear the logo
adopted by countries signatory to the Vicuna Convention and the words
``VICUNA-CHILE-ARTESANIA.'' All specimens not meeting any of the above
conditions would be deemed to be subject to the prohibition against
primarily-commercial trade.
The vicuna is not considered to be endangered by inadequate
regulatory mechanisms in Chile. However, as a vicuna wool industry
could potentially be approved in Chile, the vicuna remains threatened
by this factor until such time as regulatory mechanisms for harvest and
commercialization are demonstrated to be adequate.
Regulatory Mechanisms: Peru
A complex regulatory mechanism exists for Peru and it controls
commerce in vicuna wool products. The infrastructure promoting vicuna
management includes the National Council of South American Camelids
(CONACS) which is a public decentralized organization of the Ministry
of Agriculture in charge of the promotion, standardization, and control
of activities with the South American camelids. CONACS has offices in
Lima and throughout the vicuna range, and is the proprietor of the
trademarks ``VICUNA-PERU'' and ``VICUNA-PERU-ARTESANIA.'' The Institute
of Natural Resources (INRENA) is also a public decentralized
organization of the Ministry of Agriculture, and is in control of all
renewable natural resources in Peru, and is the CITES Management
Authority for Peru. The National Society of the Vicuna (SNV) is a
private organization which represents the 660 campesino communities and
coordinates vicuna management within and between campesino communities
(``Communal Committees of the Vicuna'') and with CONACS at both
regional and national levels (Hoces R. 1997, pers comm.).
Several national laws protect vicuna and regulate its management.
Law 26496 is especially important as it promotes protection and
provides penalties for the illegal hunting of vicuna, gives the
custodianship of vicuna herds that occupy campesino community lands to
those campesino communities and allows the campesinos to be responsible
for the conservation, management and the utilization of the species.
The law also establishes the Official Registry of the Vicuna which
provides a record keeping process that
[[Page 48753]]
controls and tracks volumes of wool from the time of vicuna shearing in
the field to the time that fiber is sold as cloth or merchandise on the
international market. Other laws recognize the Vicuna Convention and
the CITES Convention.
Pertinent laws are implemented through the 660 ``Communal
Committees of the Vicuna'' which form the basis for the National System
of Conservation. There is a system of park rangers shared by groups of
communities and these park rangers can access the National Ecological
Police and Peruvian Army units to help control the illegal killing of
vicuna. CONACS and INRENA authorize and control management activities,
including vicuna capture; since 1996 they manage a limited captive
breeding program where enclosures of approximately 1,000 ha (``Modules
of Sustainable Use''), each with about 250 vicuna, are developed or are
to be developed within individual campesino communities.
The shearing, collecting, processing and commercialization of
vicuna wool from wild vicunas or from groups contained within the
permanent enclosures, is controlled by CONACS and INRENA. The
processing and commercialization of the wool is done by a single
company that obtained that right through a competitive bidding process
at a supervised auction. A cooperative agreement exists between the SNV
and the company winning the competitive bid, apparently to ensure that
campesino communities will be correctly represented in the distribution
of monies from the sale of vicuna wool and wool products. There is an
authorized season for shearing and the act of shearing is supervised by
personnel representing CONACS, SNV and INRENA. Pertinent information is
gathered at the time of shearing and a report describing the shearing
operation (numbers of animals, wool weights per animal, etc.) signed by
representative of the Communal Committee and CONACS, becomes part of
the record at the Official Registry of the Vicuna. A second source of
legal wool is from vicuna that die from natural causes or are found or
obtained by campesinos or park rangers, or from skins that are seized
in successful anti-poaching operations. Such specimens, to become
legal, must be declared to SNV and CONACS and entered into the vicuna
registry. Legal wool is gathered and stored in private warehouses
belonging to the campesino communities, registered in the vicuna
registry, and is under the control of CONACS. Illegal wool is prevented
from entering commerce because it is not registered with the vicuna
registry, and consequently not included in the wool stores represented
in the single legal auction. The vicuna registry records weights of
wool sheared or collected, carded or cleaned, and these weights are
used by CONACS and SNV throughout the processing and commercialization
process to indicate whether final products likely only contain legal
wool. The CITES Management Authority controls commerce by requiring
records of wool weights and opinions from CONACS before any products
(fiber, cloth or articles) can be legally either imported or exported
from Peru.
The processing of vicuna fiber and the commercialization of vicuna
products involves a joint venture ``Association in Participation''
between SNV and the consortium that won the auction for vicuna wool.
The SNV provides the wool to the consortium which includes a Peruvian
company that fabricates cloth from the vicuna fibers, which is then
sent to an Italian manufacturing plant where luxury clothing items are
produced. A second Italian firm then handles the promotion and
marketing of the finished vicuna products (Hoces R. 1997, pers. comm.).
CONACS supervises production to guarantee that all articles will
contain 100 percent vicuna wool. This process is designed to maximize
the financial returns from the vicuna fibers; the profits from the
final sales are distributed, under the supervision of CONACS and
INRENA, to the campesino participants. Raw vicuna wool currently sells
for $500/kg of fiber and additionally a percentage of the final sale
price on the completed product goes to the campesino communities.
The vicuna populations of Pampa Galeras National Reserve and
Nuclear Zone, Pedregal, Oscconta and Sawacocha (Province of Lucanas),
Sais Picotani (Province of Azangaro), Sais Tupac Amaru (Province of
Junin), and Salinas Aguada Blanca National Reserve (Provinces of
Arequipa and Cailloma) were transferred from CITES Appendix I to
Appendix II in 1987 (at COP6). All remaining Peruvian vicuna
populations were transferred to Appendix II in 1994 (COP9), effective
February 16, 1995. All exports are limited to cloth fabricated from the
3,294 kg (7,260 lbs) of stored wool present in November 1994 or from
the wool stores obtained from the recent authorized shearing of live
animals or from dead animals listed in the vicuna registry, and items
made from that cloth and to certain luxury handicrafts and knitted
articles produced in Peru. The reverse side of cloth and cloth products
must bear the logo adopted by countries signatory to the Vicuna
Convention and the words ``VICUNA-PERU-ARTESANIA.'' This trademark will
also occur on all luxury artisan products and knitted articles of
vicuna wool. Peru also plans to add to the produced articles, a seal or
identification tag with codes indicating the origin of the product, the
assigned trademark or label and the CITES permit number. All specimens
not meeting any of the above conditions will be subject to the
prohibition against primarily commercial trade.
The vicuna is not considered to be endangered by inadequate
regulatory mechanisms in Peru. The species is, however, considered to
be threatened by this factor, and will continue to be threatened until
appropriate conservation mechanisms are fully implemented and the
populations fully recover.
E. Other Natural or Human-Made Factors Affecting Its Continued
Existence
The great potential threat to the vicuna is that pelts can be
easily obtained from poached animals and that the wool industry may
actually prefer the longer fibers that can be obtained by soaking and
pulling hairs from pelts, rather than the clipped hairs from legal
fleeces (Canedi 1997, pers. comm). The vulnerability of the vicuna to
political instability is well documented. For example, vicuna
populations in Peru were estimated at about 60,000 in 1980 and 1981 but
were overexploited and in 1982 populations were reduced to about
25,000. A slow recovery was observed until 1988 when populations were
again estimated at about 60,000. Vicuna populations were again reduced
to low levels from 1989 to 1993 when vicuna wool from poached animals
was used to help finance guerilla activities in some countries.
The vicuna represents one of the most significant economic
resources available in many Andean highlands that have limited human
populations with limited economic resources at their disposal.
Indigenous people fully realize that a poached vicuna can be used once
but that the managed, live-sheared vicuna can be used repeatedly
(Wheeler and Hoces R. 1997). Assigning the responsibility of vicuna
management to campesino ranchers and/or campesino communities and
granting those people the opportunity to legally realize economic gains
from their management and protection efforts represents a significant
bio-political decision. It is also significant that governments in four
range countries have cooperated in the development of a vicuna wool
industry and that scarce resources have been
[[Page 48754]]
devoted to the management of this species. Vicuna management, as
described herein, is one of the better examples of the economic gains
to be realized from the sustainable use of a biological resource.
Distinct Vertebrate Population Segment
The definition of ``species'' in section 3(16) of the Act includes
``any distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature.'' Distinct vertebrate
population segments for purposes of listing under the Act are defined
in the Service's February 7, 1996, Policy Regarding the Recognition of
Distinct Vertebrate Population Segments (61 FR 4722). For a population
to be listed under the Act as a distinct vertebrate population segment,
three elements are considered: (1) The discreteness of the population
segment in relation to the remainder of the species to which it
belongs; (2) the significance of the population segment to the species
to which it belongs; and (3) the population segment's conservation
status in relation to the Act's standards for listing (i.e., is the
population segment, when treated as if it were a species, endangered or
threatened?). International borders may be used to delineate discrete
population segments where there are significant differences in: (1) The
control of exploitation; (2) management of habitat; (3) conservation
status; or (4) regulatory mechanisms on each side of the border (61 FR
4722). Discrete population segments can also be defined by marked
physical, physiological, ecological, or behavioral separation from
other populations of the same taxon.
We recognize the vicuna population of Ecuador as a distinct
vertebrate population segment for purposes of listing under the ESA.
The vicuna population of Ecuador is geographically isolated and
separate from other vicuna in Argentina, Bolivia, Chile, and Peru.
Historically, the vicuna was eliminated from Ecuador. A small, disjunct
population has been recently reintroduced to Ecuador. The population
was established from 100 animals exported from Bolivia in 1993. This
was accomplished within the multilateral frameworks of both the Conveno
para la Conservacion y Manejo de la Vicuna (Convention for the
Conservation and Management of the Vicuna, or the Vicuna Convention)
and the CITES Convention. It should be noted that Ecuador is also a
Party to the Vicuna Convention. Ecuador's population remains listed in
CITES Appendix I, and there is no plan to commercially utilize the
species in the near future. Furthermore, the Parties to the Vicuna
Convention view this as a separate population, worthy of special
recovery efforts. Although the countries of the region that are Parties
to the Vicuna Convention view this as an ``experimental'' population,
that should not be seen in the domestic U.S. context of experimental
populations under the Act, where criteria and definitions differ. For
these reasons, the Ecuadoran population of vicuna satisfies the
discreteness and significance criteria of the DVPS Policy, and,
therefore, merits treatment as a distinct population segment under the
ESA.
In contrast to the rather strict requirements for listing entities
(species, subspecies, or distinct vertebrate population segments) under
the ESA, CITES has retained a degree of flexibility in the listing
process through the use of annotations. There is no specific
requirement that populations be delimited by national borders or marked
biological differences. CITES Article I defines a species as ``any
species, subspecies, or geographically separate population thereof'',
and different populations of a species can be listed in different CITES
Appendices. Thus, it has been possible to transfer sub-national
populations of vicuna in Argentina, Bolivia, and Chile from Appendix I
to Appendix II. This accounts for the lack of perfect symmetry between
populations proposed for threatened status and those currently listed
in Appendix II of CITES.
Summary of Findings
The Service finds that the vicuna is a highly vulnerable species
whose populations are generally increasing over a large area of very
specific habitat--the high Andean tablelands of Argentina, Bolivia,
Chile and Peru. The current status of the vicuna and its future
potential seems directly attributable to recent bio-political decisions
made in the range countries to turn over the custodianship of the
species to the native people sharing these landscapes. Laws, decrees
and infrastructures have been or are being developed to help the
campesinos manage and protect the species. In return the campesinos are
or are likely to receive critical financial benefits from that
management that will benefit both individuals and their communities.
The management and protection accorded to the vicunas, by campesinos in
cooperation with governmental entities, provides the best opportunity
for the vicuna to survive as a species and as a very important part of
the Puna and Altoandina ecosystems.
Specifically, we find that the vicuna is threatened by the (1)
present or threatened destruction, modification, or curtailment of its
habitat or range, (2) previous or current overutilization, and (3) the
possibility of inadequately controlled illegal harvest pressures
including poaching, in Argentina, Bolivia, Chile, and Peru. A
reclassification of the vicuna from endangered to threatened under the
Act will, with the attendant special rule, allow carefully regulated
commerce of vicuna products into the United States. Funds generated by
opening the United States market will help provide the resources
necessary to further manage the species.
In response to the petition submitted by the International Vicuna
Consortium, we find that: (1) Reclassification of the vicuna from
endangered to threatened is warranted for all range countries except
Ecuador; and (2) that a special rule is warranted for all Appendix II
populations, with the exception of the Appendix II semi-captive
populations of Catamarca, Jujuy, La Rioja, Salta, and San Juan
Provinces in Argentina, which are specifically excluded until such time
as their conservation benefit for wild vicuna is demonstrated
adequately. The present publication provides a 12-month finding on that
petition and includes a proposed special rule.
Description of the Proposed Special Rule
The intent of the proposed special rule is to enhance the
conservation of the vicuna through support for properly designed and
implemented programs for vicuna conservation throughout their native
range. The proposed special rule is intended to support the
conservation efforts of the four range states of Argentina, Bolivia,
Chile, and Peru, by acknowledging and deferring to certain of their
management programs that allow utilization of vicuna wool from wild,
live-sheared animals, with benefits accruing to indigenous communities.
The proposed special rule clarifies that only properly identified
vicuna products can be imported into the United States. The vicuna
products that can be imported are only those items of either raw
(unprocessed) vicuna wool or cloth, or items made from that wool,
including luxury handicrafts and knitted articles, that are properly
identified, and have accompanying valid, legal CITES Appendix II export
permits or re-export certificates. Under the proposed special rule, an
endangered or threatened species permit for individual shipments would
not be required under 50 CFR part 17. To be
[[Page 48755]]
imported, vicuna products must originate in populations that are listed
both as threatened under the Act and in Appendix II of CITES, with the
exception that Appendix II semi-captive populations in Catamarca,
Jujuy, La Rioja, Salta, and San Juan Provinces in Argentina are
excluded from the proposed special rule until such time as their
conservation benefit for wild vicuna populations is demonstrated
adequately. If adequate information is presented during the public
comment period, these populations may be included under the final
special rule.
We are aware that there have been poaching and illegal trade
problems with this highly valuable species in the past, and any loss of
control would seriously undermine the conservation programs of these
countries, thereby potentially jeopardizing vicuna populations.
Therefore, we propose not to allow the import of vicuna products from
threatened and approved Appendix II populations if the countries of
origin or the countries of manufacture or re-export have been
determined by the CITES Conference of the Parties or the CITES Standing
Committee to be not effectively implementing the Convention.
Specifically, the proposed special rule would prohibit importation from
countries of export or re-export that have either failed to designate a
Management Authority or Scientific Authority, or have been identified
by the Conference of the Parties to the Convention, the Convention's
Standing Committee or in a Notification from the Secretariat as a
country from which Parties should not accept CITES permits.
Commerce with the United States in vicuna products, if the proposed
special rule is adopted as final at the conclusion of the regulatory
process, will only be allowed with countries that have both designated
CITES Management and Scientific Authorities, and that are not subject
to a Schedule III Notice of Information for all wildlife or all CITES-
listed species. In the case where vicuna products are exported to a
second country, for manufacturing purposes, and the finished products
are re-exported to the United States, then neither the country of
origin nor the country of re-export can be subject to Schedule III
Notice of Information based on the criteria described in the special
rule if imports are to be allowed. The U.S. Management Authority will
provide on request the list of those countries subject to a Schedule
III Notice of Information to those manufacturers in the country of re-
export and to importers so that they may be advised of restrictions on
vicuna products. At present, no countries are subject to a Schedule III
Notice of Information for all wildlife or all CITES-listed species.
For vicuna and vicuna products, there is no personal effects
exemption in the proposed special rule. That is, items purchased by
travelers overseas or personal items owned by people moving to the
United States will require appropriate CITES export documents (permits
or re-export certificates) to be imported legally into the United
States. This is based on analysis of the annotation for the vicuna in
the official CITES Secretariat list of the CITES Appendices, and
dialogue with the CITES Secretariat in Geneva. The vicuna annotations
in the CITES Appendices are unique, and require that only certain
products be exported from the range countries, under very strict
conditions. For Peru, for example, the only products that can be
exported (even non-commercially) are those manufactured from the
stockpile held at the time of the ninth meeting of the Conference of
the Parties, in November 1994, and they all require CITES Appendix II
export permits. In Argentina, for example, articles bought by a foreign
tourist at a government authorized store can be exported as personal
accompanying baggage only after a CITES export permit has been
obtained. In countries of re-export as well, very strict controls are
required. The items manufactured from vicuna wool are very expensive
luxury articles, and illegal trade poses a serious risk to the species
and the conservation programs of the range states. Furthermore, all
range countries require CITES permits for export of vicuna products,
and do not recognize any personal effects exemption. It would be
inappropriate and unfair to require export documents from range
countries but not from countries of manufacture (re-export). Therefore,
in this proposal, tourist souvenirs or other personal items require a
CITES export document from the country of export or re-export in order
to be legally imported into the United States.
All products must comply with all product annotations as described
in the CITES Secretariat's official annotated list of the CITES
Appendices. If those product annotations change at a future meeting of
the Conference of the Parties (COP) to CITES, the Service will have to
re-evaluate its 4(d) finding. The criteria for determining if a vicuna
product is properly identified are drawn from the CITES Appendices, and
the product annotations for vicuna contained therein. For cloth and
cloth products, the only products that can be imported are those where
the reverse side of cloth and cloth products bear the logo adopted by
countries signatory to the Conveno para la Conservacion y Manejo de la
Vicuna (Vicuna Convention), and the words ``VICUNA--(Country of
Origin)--ARTESANIA'' (country of origin is the name of the original
exporting country where the vicuna wool in the products originated,
either Argentina, Bolivia, Chile, or Peru). For finished vicuna
products (including luxury handicrafts and knitted articles) and any
bulk shipments of raw wool, the product or shipment must have a seal or
identification tag with codes describing the origin of the vicuna
product, the trademark or label (``VICUNA--(Country of Origin)--
ARTESANIA'') and the CITES export permit number. This proposed special
rule, and these criteria for properly identified vicuna products, are
derived from the CITES Appendices themselves. The product annotations
were proposed by the range countries and adopted by the CITES
Conference of the Parties. Therefore, we are proposing to align U.S.
importation practices with those approved by the CITES Parties, in
order to facilitate effective conservation of the vicuna in range
countries. In our judgment the protective regulations set out in the
proposed rule contain all of the measures that are necessary and
advisable to provide for the conservation of the vicuna in Argentina,
Bolivia, Chile, and Peru.
Public Comments Solicited
We intend that any action resulting from this proposal be as
effective as possible. Therefore, we are soliciting 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. We are particularly seeking
comments concerning biological or commercial trade impacts on any
vicuna population, or other relevant data concerning any threat (or
lack thereof) to the wild populations of vicuna in South America.
Final action on the proposed reclassification of the vicuna, and
the promulgation of the special rule will take into consideration the
comments and any additional information we receive. Such communications
may lead to adoption of final regulations that differ from those in the
proposed rule.
National Environmental Policy Act
We have determined that Environmental Assessments and Environmental
Impact Statements, as defined under the authority of the National
Environmental Policy Act of
[[Page 48756]]
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 our reasons for this determination was
published in the Federal Register on October 25, 1983 (48 FR 49244).
Paperwork Reduction Act of 1995
This rule does not contain any new information collection
requirements under the Paperwork Reduction Act of 1995. The existing
OMB information collection control number is 1018-0012. An Agency may
not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number. This rule does not alter that information collection
requirement.
Required Determinations
We invite comments on the anticipated direct and indirect costs and
benefits or cost savings associated with this proposed special rule,
for vicuna. In particular, we are interested in obtaining information
on any significant economic impact of the proposed special rule on
small public and private entities. Once we have reviewed the available
information, we will determine whether we need to prepare an initial
regulatory flexibility analysis for the special rule. We will make any
such analysis or determination available for public review. Then, we
will revise, as appropriate, and incorporate the information in the
final rule preamble and in the record of compliance (ROC) certifying
that the special rule complies with the various applicable statutory,
Executive Order, and Departmental Manual requirements. Under the
criteria in Executive Order 12866, the proposed special rule is not a
significant regulatory action subject to review by the Office of
Management and Budget.
References Cited
All personal communications mentioned below were received by Dr. Henry
L. Short, Amherst, Massachusetts, a contractor working for the National
Fish and Wildlife Foundation.
Canedi, A. A. 1997. pers. comm. Argentina responses to questions.
August 25, 1997.
Canedi, A. A. and P. S. Pasini. 1996. Repoblamiento y bioecologia de la
vicuna silvestre en la Provincia de Jujuy, Argentina. pp. 7-24 in
Animal Genetic Resources Information. United Nations Environment
Programme. Food and Agriculture Organization of the United Nations.
Rome.
CITES. 1997a. Proposal: Transfer of the vicuna (Vicugna vicugna)
population in the province of Jujuy (21 47'S-24 38'S; 64 80'W-67 19'W)
from Appendix I to Appendix II and of the populations in semi-captivity
in the provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan,
with the sole purpose of permitting international trade in wool fibre
from live vicuna, in cloth and manufactured products, under the
trademark ``VICUNA-ARGENTINA.'' Republic of Argentina.
CITES. 1997b. Proposal: Transfer of the populations (Vicugna vicugna)
of the Conservation Units: Mauri-Desaguadero (17 30'S-18 30'S and 68
30'W-69 30'W), Ulla Ulla (14 45'S-15 25''S and 69 00'W-69 20'W) and
Lipez-Chichas (21 30'S-23 00'S and 66 20'W-68 10''W) from CITES
Appendix I to Appendix II for the sole purpose of allowing
international trade of fabrics made with fiber from the shearing of
live animals under the trademark ``VICUNA-BOLIVIA.'' Republic of
Bolivia.
CNVB. 1996. Censo Nacional de la Vicuna en Bolivia: Gestion 1996.
Direccion Nacional de Conservacion de la Biodiversidad.
Comision Regional de la Vicuna. 1994. Acciones de las Provincias
Argentinas para su Conservacion y Uso Sustentable. Republica Argentina,
Salta. 25pp.
DNCB (Direccion Nacional de Conservacion de la Biodiversidad, Unidad de
Vida Silvestre). 1997. pers. comm. Bolivia responses to questions.
August 1997.
Galaz, J. 1997. pers. comm. August 1997.
Hoces, R.D. 1997. pers. comm. Peru responses to questions. September
1997.
INFOL. 1985. Memoria VI Reunion Ordinaria de la Comision Tecnico
Administradora del Convenio para la Conservacion de la Vicuna. La Paz,
Bolivia.
Nowak, R. N. 1991. Vicuna. pp. 1353-1357 in Walker's Mammals of the
World. Fifth edition. Volume II. The Johns Hopkins University Press.
Baltimore and London.
SAG (Servicio Agricola y Ganadero). 1997. pers. comm. Chile responses
to questions. August 22, 1997.
Wheeler, J.C., and D. Hoces R. 1997. Community participation,
sustainable use, and vicuna conservation in Peru. Mountain Research and
Development 17(3): 283-287.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulations Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the 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(h) is amended by revising the entry for the
vicuna, under ``Mammals'', on the list of Endangered and Threatened
Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Vicuna........................... Vicugna vicugna..... Argentina, Bolivia, Entire, except T 3, ____ NA 17.40 (k)
Chile, Ecuador, Ecuador.
Peru.
Do ......do ......do Ecuador............ E 3, ____ NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 48757]]
3. Paragraph (k) is added to Sec. 17.40 and reads as follows:
Sec. 17.40 Special rules--mammals.
* * * * *
(k) Vicuna (Vicugna vicugna)--(1) Prohibitions. All provisions of
Sec. 17.31 (a) and (b) and Sec. 17.32 of this part shall apply to
vicuna and vicuna products from both populations listed in Appendix I
of the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) and the Appendix II semi-captive populations of
Catamarca, Jujuy, La Rioja, Salta, and San Juan Provinces in Argentina.
Except as provided in paragraph (k)(2) of this section, it is unlawful
for any person to commit, attempt to commit, solicit to commit, or
cause to be committed any acts described in paragraphs (k)(1)(i)-(ii)
of this section with vicuna from all other populations listed in
Appendix II of CITES:
(i) Import, export, and re-export.
(ii) Sell or offer for sale, deliver, receive, carry, transport, or
ship in interstate or foreign commerce in the course of a commercial
activity.
(2) Exceptions. The import, export, or re-export of, or interstate
or foreign commerce in vicuna products, consisting of either raw wool
or items and cloth made, or partially made, from vicuna wool, may be
allowed without a threatened species permit issued pursuant to 50 CFR
17.32 when the provisions in parts 13, 14, and 23 and the applicable
paragraphs set out below have been met:
(i) The vicuna product must comply with all CITES product
annotations as given in the CITES Secretariat's official list of the
CITES Appendices and found at 50 CFR 23.23, and be identified as
follows:
(A) Cloth and cloth products: The reverse side of cloth and cloth
products must bear the logo adopted by countries signatory to the
``Conveno para la Conservacion y Manejo de la Vicuna'', and the words
``VICUNA-(Country of Origin)-ARTESANIA'', where country of origin is
the name of the original exporting country where the vicuna wool in the
products originated.
(B) Finished vicuna products (including luxury handicrafts and
knitted articles) and any bulk shipments of raw wool: The product or
shipment must have a seal or identification tag with codes describing
the origin of the vicuna product, the trademark or label (``VICUNA-
(Country of Origin)-ARTESANIA'') and the CITES export permit number,
where country of origin is the name of the original exporting country
where the vicuna wool in the products originated.
(ii) The accompanying CITES permit or certificate must contain the
following information:
(A) The country of origin, its export permit number, and date of
issuance.
(B) If re-export, the country of re-export, its certificate number,
and date of issuance.
(C) If applicable, the country of last re-export, its certificate
number, and date of issuance.
(iii) At the time of import, for each shipment covered by this
exception, the country of origin and each country of re-export involved
in the trade of a particular shipment must not be subject to a Schedule
III Notice of Information pertaining to all wildlife or to all CITES-
listed wildlife that may prohibit or restrict imports. A listing of all
countries that are subject to such a Schedule III Notice of Information
will be available by writing: The Office of Management Authority, ARLSQ
Room 700, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service,
Arlington, Virginia, 22203.
(3) Notice of Information. Except in rare cases involving
extenuating circumstances that do not adversely affect the conservation
of the species, the Service will issue a Schedule III Notice of
Information that identifies a restriction on trade in specimens of
vicuna addressed in this paragraph (k) if any of the following criteria
are met:
(i) The country is listed in a Notification to the Parties by the
CITES Secretariat as lacking both designated Management and Scientific
Authorities that issue CITES documents or their equivalent.
(ii) The country is identified in any action adopted by the
Conference of the Parties to the Convention, the Convention's Standing
Committee, or in a Notification issued by the CITES Secretariat,
whereby Parties are asked to not accept shipments of specimens of any
CITES-listed species from the country in question.
Dated: August 23, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-23333 Filed 9-7-99; 8:45 am]
BILLING CODE 4310-55-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.