Endangered and Threatened Wildlife and Plants; Proposed Reclassification of Yacare Caiman in South America From Endangered to Threatened, and the Listing of Two Other Caiman Species as Threatened by Reason of Similarity of Appearance
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD67
Endangered and Threatened Wildlife and Plants; Proposed
Reclassification of Yacare Caiman in South America From Endangered to
Threatened, and the Listing of Two Other Caiman Species as Threatened
by Reason of Similarity of Appearance
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 the yacare (Caiman yacare also known as Caiman crocodilus
yacare) from its present endangered status to threatened status under
the Endangered Species Act (Act) because the endangered listing does
not correctly reflect the present status of this animal. The Service
also proposes to list the common caiman (Caiman crocodilus crocodilus)
and the brown caiman (Caiman crocodilus fuscus) as threatened by reason
of similarity of appearance. The yacar is native to Argentina, Brazil,
Paraguay, and Bolivia, and the other two caiman occur in Mexico and
Central and South America. These three taxa are listed in Appendix II
of the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES). Listing the two taxa as threatened by reason
of similarity of appearance will assist in protecting the yacare caiman
from uncontrolled use.
A special rule is also proposed for these three species that would
allow U.S. commerce in caiman skins, other parts and products from
individual countries of origin and countries of re-export if certain
pre-trade conditions are satisfied for those countries
ting the two taxa as threatened by reason
of similarity of appearance will assist in protecting the yacare caiman
from uncontrolled use.
A special rule is also proposed for these three species that would
allow U.S. commerce in caiman skins, other parts and products from
individual countries of origin and countries of re-export if certain
pre-trade conditions are satisfied for those countries. The several
conditions largely pertain to the implementation of a CITES resolution
on the universal tagging of crocodilian skins (adopted at the ninth
meeting of the Conference of the Parties) as well as conditions
complementing the intent of this resolution and provisions to support
the sufficiency of management of yacar populations so that populations
will be sustained through time.
In the case where tagged caiman skins and other parts are exported
to a second country, usually for tanning and manufacturing purposes,
and the processed skins and finished products are exported to the
United States, the United States will prohibit imports of skins and
products if it determines that either the country of export or the
country or countries of re-export are engaging in practices that are
detrimental to the conservation of caiman populations.
The purpose of the special proposed rule is twofold. One is to
promote the conservation of the yacare caiman by ensuring proper
management of the commercially harvested caiman species in the range
countries and through implementation of trade controls as described in
the CITES tagging resolution to reduce commingling of caiman specimens.
The rule is also intended to relieve the burden on U.S. law enforcement
personnel who must screen difficult to distinguish caiman products to
exclude products from endangered or improperly identified species from
U.S. commerce.
DATES: Comments from all interested parties must be received by
December 22, 1998. Public hearing requests must be received by November
9, 1998.
of caiman specimens.
The rule is also intended to relieve the burden on U.S. law enforcement
personnel who must screen difficult to distinguish caiman products to
exclude products from endangered or improperly identified species from
U.S. commerce.
DATES: Comments from all interested parties must be received by
December 22, 1998. Public hearing requests must be received by November
9, 1998.
ADDRESSES: Comments, information, and questions should be submitted to
the Chief, Office of Scientific Authority; Mail Stop: Room 750,
Arlington Square; 4401 North Fairfax Drive; U.S. Fish and Wildlife
Service, Arlington, Virginia 22203. Fax number (703) 358-2276. Comments
and other information received will be available for public inspection,
by appointment, from 8:00 a.m. to 4:30 p.m., Monday through Friday, at
the Arlington, Virginia, address.
FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, Chief, Office of
Scientific Authority, at the above address, by phone at (703) 358-1708,
or by E-mail at: Susan__L[email protected].
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service (Service) recognizes that
substantial populations of crocodilians that are managed as a
sustainable resource can be utilized for commercial purposes while not
adversely affecting the survival of individual populations of the
species. When certain positive conservation conditions have been met,
the Service has acted to allow utilization and trade from managed
populations of the American alligator (Alligator mississippiensis), and
has allowed the importation of commercial shipments of Nile crocodile
(Crocodylus niloticus) skins, other parts, and products from several
southern and eastern African countries and similar shipments of
saltwater crocodile (Crocodylus porosus) specimens from Australia (61
FR 32356; June 24, 1996).
and trade from managed
populations of the American alligator (Alligator mississippiensis), and
has allowed the importation of commercial shipments of Nile crocodile
(Crocodylus niloticus) skins, other parts, and products from several
southern and eastern African countries and similar shipments of
saltwater crocodile (Crocodylus porosus) specimens from Australia (61
FR 32356; June 24, 1996).
Management activities were reviewed by the CITES Parties prior to
transferring certain populations from CITES Appendix I to Appendix II
(thereby allowing commercial trade) and included assessments of
population status, determination of sustainable harvest quotas (or
approval of ranching programs), and the control of the illegal harvest.
Management regulations imposed after harvest included the tagging of
skins and issuance of permits to satisfy the requirements for CITES
Appendix II species.
The Service is also proposing a special rule with this proposed
rule to ensure implementation of the CITES controls over trade in
skins, parts, and products of certain populations of the genus Caiman.
Populations of Caiman spp. are widespread in Mexico and Central and
South America, and have high reproductive potential; indeed, the
species have survived in spite of a past substantial legal and illegal
harvests. The Service believes that commercial utilization of yacar
caiman should involve trade from controlled harvest only from well
managed populations, and that trade controls need to be effective in
order to protect threatened crocodilian populations. If this proposed
rule and its accompanying special rule are finalized as proposed, the
Service believes that this will only allow commerce in yacar specimens
and products into the United States that will facilitate sound
management practices to regulate the legal harvest and control illegal
trade in range countries, so that caiman populations are being
sustained at biologically sound levels
If this proposed
rule and its accompanying special rule are finalized as proposed, the
Service believes that this will only allow commerce in yacar specimens
and products into the United States that will facilitate sound
management practices to regulate the legal harvest and control illegal
trade in range countries, so that caiman populations are being
sustained at biologically sound levels. Furthermore, the Service does
not intend to allow imports of caiman specimens and products with those
intermediary countries that do not properly control trade in
crocodilian skins, other parts, and products, so as to ensure that
illegal skins, other parts, and products are not exported to the United
States.
This rule proposes to reclassify the yacar (Caiman yacare = C.
crocodilus yacare) from endangered to threatened status under the Act,
and to list two additional taxa, the common caiman (C. crocodilus
crocodilus) and the brown caiman (C. crocodilus fuscus including C.
crocodilus chiapasius), as threatened by reason of similarity of
appearance. When traded as skin pieces in products, the yacare is
similar in appearance to the common caiman and the brown caiman that
are listed as CITES Appendix II species, but have no comparable status
under the Act. Other caiman species will be retained as endangered
under the Act, including the black caiman (Melanosuchus niger) and the
broad-snouted caiman (Caiman latirostris). This proposed rule does not
affect the endangered or threatened status, under the Act, of any other
crocodilian species in the Western Hemisphere.
The original listing for the yacar caiman (under the provisions of
the Endangered Species Conservation Act of 1969) was C. yacare, which
is the presently accepted taxonomic name for the species (King and
Burke 1989) and the name used throughout this proposed rule. Some
authors treat the taxon as a subspecies, C. c
us, under the Act, of any other
crocodilian species in the Western Hemisphere.
The original listing for the yacar caiman (under the provisions of
the Endangered Species Conservation Act of 1969) was C. yacare, which
is the presently accepted taxonomic name for the species (King and
Burke 1989) and the name used throughout this proposed rule. Some
authors treat the taxon as a subspecies, C. c. yacare, and this is the
taxonomic name presently included in the List of Endangered and
Threatened Wildlife (50 CFR part 17.11). King believes (in litt.) that
C. yacare should be considered biologically as a subspecies or at the
end of a morphological cline, but indicates that nomenclaturally it is
recognized as a full species.
A recent study, including an analysis of mitochondrial DNA
variation, indicates that the C. yacare of Argentina, Bolivia, Brazil,
and Paraguay comprise an taxonomic unit with substantial genetic,
morphological, and zoogeographical similarities (Brazaitis et al.
1993). Those authors indicate that C. yacare populations are
effectively separated from C. c. crocodilus populations by mountains
and highlands that limit nesting habitat and the migration of
individual animals between southern and northern river systems. Caiman
yacare, C. c. crocodilus and C. c. fuscus are considered, on the basis
of base changes in their DNA sequences, to be diagnostically distinct
populations of a widespread and related taxa (Amato 1992) with C.
yacare, apparently having greater genetic differences from C. c.
crocodilus than C. c. crocodilus has in relationship to C. c. fuscus
(Brazaitis et al. 1993). Additional analysis of DNA information by
Brazaitis and others supports the interpretation that ``Caiman yacare,
C. c. crocodilus, and C. c. chiapasius (probably C. c. fuscus) are each
phylogenetic species, as per the criteria of Davis and Nixon (1992)''
(Brazaitis et al. 1997a, Brazaitis et al. 1997b). However, recent work
(Busack and Pandya 1996) suggests that C. c. crocodilus and C. c
93). Additional analysis of DNA information by
Brazaitis and others supports the interpretation that ``Caiman yacare,
C. c. crocodilus, and C. c. chiapasius (probably C. c. fuscus) are each
phylogenetic species, as per the criteria of Davis and Nixon (1992)''
(Brazaitis et al. 1997a, Brazaitis et al. 1997b). However, recent work
(Busack and Pandya 1996) suggests that C. c. crocodilus and C. c.
fuscus comprise a single genetic population at the subspecies level,
while confirming that yacar is a distinct subspecies, C. c. yacare.
There is no biochemical evidence, at this time, that recognizable
subgroups of C. yacare occur within the distributional limits of C.
yacare in the river systems of Argentina, Bolivia, Brazil, or Paraguay
(Brazaitis et al. 1993) and no such subgroups are recognized in this
proposed rule.
Since the initial listing of the yacare caiman, there has been
controversy associated with defining the ranges of caiman species,
especially that of C. yacare in southern South America. To assist in
the clarification of the status of C. yacare, the CITES Secretariat, in
conjunction with the World Conservation Union/Species Survival
Commission (IUCN/SSC) Crocodile Specialist Group (CSG), undertook a
survey (starting in late 1986 and early 1987) and the development of a
conservation program for the crocodilians of the genus Caiman. These
surveys were conducted under the auspices of CITES and were carried out
by the CSG, and the Governments of Brazil, Bolivia, and Paraguay. The
available data from these studies (Brazaitis 1989A; Brazaitis et al.
1990; King and Videz Roca 1989; and Scott et al. 1988 and 1990) on the
distribution, ecology, and status of C. yacare indicate that this
species is not endangered in its entirety and is not in danger of
extinction in any significant portion of its range
t
by the CSG, and the Governments of Brazil, Bolivia, and Paraguay. The
available data from these studies (Brazaitis 1989A; Brazaitis et al.
1990; King and Videz Roca 1989; and Scott et al. 1988 and 1990) on the
distribution, ecology, and status of C. yacare indicate that this
species is not endangered in its entirety and is not in danger of
extinction in any significant portion of its range.
Caiman yacare is widely distributed throughout the lowland areas
and river systems of northeastern Argentina, southeastern and northern
Bolivia, Paraguay, and the western regions of the Brazilian States of
Rondonia, Mato Grosso, and Mato Grosso du Sol (Brazaitis et al. 1990).
The range includes: the entire Guapore River (= Itenes River) drainage,
including its head waters in the Brazilian State of Mato Grosso, and
its tributaries in northeastern Bolivia; eastern Bolivia and western
Brazil throughout the drainage of the Paraguay River and the Pantanal
of Brazil; Paraguay River and southern Pilcomayo River in Paraguay; and
the lower Salado River, the Parana River east to the Uruguay River, and
south to the mouth of the Parana River in Argentina (Brazaitis et al.
1993).
The common caiman, C. c. crocodilus, occurs in the drainage basins
of the Amazon and Orinoco Rivers in French Guiana, Surinam, Guyana,
Venezuela, eastern Ecuador, Colombia, Peru, and Brazil. A narrow zone
of intergradation exists between C. yacare and C. c. crocodilus along
the northern border of Bolivia and Brazil in the State of Acre in the
Acre River and Abuna drainages, northward to approximately Humaita on
the Madeira River in the Brazilian State of Amazonas (Brazaitis et al.
1990).
The brown caiman, C. c. fuscus (including C. c. chiapasius), occurs
from Mexico through Central America to Colombia (west of the Andes),
along the coastal and western regions of
he northern border of Bolivia and Brazil in the State of Acre in the
Acre River and Abuna drainages, northward to approximately Humaita on
the Madeira River in the Brazilian State of Amazonas (Brazaitis et al.
1990).
The brown caiman, C. c. fuscus (including C. c. chiapasius), occurs
from Mexico through Central America to Colombia (west of the Andes),
along the coastal and western regions of
Venezuela, and south through Ecuador to the northwestern border of
Peru. The CITES Secretariat and several authors consider C. c.
chiapasius a synonym of C. c. fuscus and it is so considered in this
proposed rule.
The yacare has been listed as endangered under the Act since 1970
and was placed in Appendix II of CITES on July 1, 1975. It has never
been listed in CITES Appendix I. The endangered listing under the Act
prohibited all commercial imports of the species into the United
States. However, the Appendix II listing allowed for regulated
commercial trade elsewhere in the world. A substantial U.S. law
enforcement problem has occurred because of the different listing
status under the Act and under CITES. All commercial imports of yacare
into the United States are prohibited under the Act, including
shipments originating from countries of origin with valid CITES export
documents. Commercial imports of products from the common and brown
caiman are legal, with appropriate CITES documents. Products
manufactured from the yacare, common caiman, and the brown caiman are
often indistinguishable as to species they are made from, and there is
evidence that products from the prohibited yacare have been commingled
with products from non-prohibited taxa among commercial shipments into
the United States. The unauthorized entry of prohibited yacare products
constitutes a violation of the Act, and if the yacare is legally
protected in individual range countries, then Lacey Act violations may
also have occurred
e made from, and there is
evidence that products from the prohibited yacare have been commingled
with products from non-prohibited taxa among commercial shipments into
the United States. The unauthorized entry of prohibited yacare products
constitutes a violation of the Act, and if the yacare is legally
protected in individual range countries, then Lacey Act violations may
also have occurred.
Argentina, Bolivia, Brazil, and Paraguay prohibited, until
relatively recently, the export of caiman products (Brazaitis in
comments on the October 29, 1990, Federal Register notice [55 FR
43389], see below). CITES Notification to the Parties No. 781, issued
on March 10, 1994, indicated that Brazil's CITES Management Authority
had registered 75 ranching operations for producing skins of C. c.
crocodilus and C. yacare. These ranching operations were established
under provisions of Article 6 B of Brazilian Wildlife Law No. 5.197, of
November 3, 1967. Some of the ranching operations have begun the export
of crocodilian products under CITES procedures including the use of
security tags. Caiman yacare from Brazilian ranches is now legally
traded in the international marketplace, except into the United States.
Paraguay has also expressed an interest in the legal marketing of C.
yacare skins, and a restricted legal hunt was held in 1994 (King et al.
1994).
The Service, on March 15, 1988, received a petition requesting the
reclassification of the yacare caiman (C. c. yacare) from endangered to
threatened status. The Service reviewed the petition and concluded that
it did not present sufficient scientific or commercial information to
indicate that a reclassification was warranted (55 FR 43387 published
October 29, 1990). However, the Service, in the October 29, 1990,
Federal Register notice, also solicited relevant data, comments, and
publications dealing with the current status and distribution,
biological information, and bioconservation measures pertaining to the
yacare caiman
t scientific or commercial information to
indicate that a reclassification was warranted (55 FR 43387 published
October 29, 1990). However, the Service, in the October 29, 1990,
Federal Register notice, also solicited relevant data, comments, and
publications dealing with the current status and distribution,
biological information, and bioconservation measures pertaining to the
yacare caiman. The Service also requested comments about the
advisability and necessity of treating the subspecies C. c. crocodilus
and C. c. fuscus as endangered or threatened due to its similarity of
appearance to the listed C. c. yacare. The Service noted that while
living yacare caiman are usually distinguishable from the common and
the brown caiman, portions of the skin and products manufactured from
cut skins of any of these taxa may be difficult to distinguish as to
taxon of origin.
Comments Received
Thirty-eight written comments, from 31 individuals and
organizations, were received in response to the October 29, 1990,
Federal Register notice, of which 24 were received during the formal
comment period. Ten received during the formal comment period were from
government officials or residents of South America (Argentina {3},
Brazil {4}, Colombia {1}, Peru {1}, and Paraguay {1}); 10 were from the
scientific community, including 4 from the IUCN/SSC Crocodile
Specialist Group (CSG); and one each was received from the trade
industry, the CITES Secretariat, the German Scientific Authority, and
TRAFFIC-USA. Some of the additional comments received outside the
formal comment period are also cited herein because they are believed
to provide important information relevant to this proposed listing
determination. The spectrum of interest expressed in the comments
received ranged from requests for the total removal of C. c
ustry, the CITES Secretariat, the German Scientific Authority, and
TRAFFIC-USA. Some of the additional comments received outside the
formal comment period are also cited herein because they are believed
to provide important information relevant to this proposed listing
determination. The spectrum of interest expressed in the comments
received ranged from requests for the total removal of C. c. yacare
from the ``List of Endangered and Threatened Wildlife'' to listing the
taxa as ``threatened or endangered.'' Many of the comments referred to
the presence of yacare caiman at various locations but did not provide
any field data or information on population levels, trends or
productivity. However, the Service acknowledges such anecdotal
information as being useful to reinforce its information on the
distribution of the species.
Dr. F. Wayne King, Deputy Chairman of the CSG, commented that the
original 1970 endangered listing was unjustified in that data available
at the time of listing indicated that C. yacare was under no greater
threat than C. c. crocodilus or C. c. fuscus, which were not listed. In
preparing his comments in response to the October 29, 1990, Federal
Register notice, King relied upon the status reports prepared for the
CITES Secretariat (Brazaitis 1989a; Brazaitis et al. 1990; King and
Videz Roca 1989; Scott et al. 1988 and 1990). He concluded that C.
yacare is neither endangered nor threatened and is not in danger of
extinction in any significant portion of its range.
King further concluded that the ``endangered'' listing denies
yacare range countries an opportunity to profit from implementing
successful management programs for the species. Mr. Juan Villalba-
Macias, Vice Chairman for Latin America section of the CSG, agreed with
King that this species should not be considered as endangered in the
different range countries and that it is not appropriate to keep yacare
listed under the Act. He considered its inclusion in Appendix II of
CITES the most appropriate listing
implementing
successful management programs for the species. Mr. Juan Villalba-
Macias, Vice Chairman for Latin America section of the CSG, agreed with
King that this species should not be considered as endangered in the
different range countries and that it is not appropriate to keep yacare
listed under the Act. He considered its inclusion in Appendix II of
CITES the most appropriate listing.
Mr. Dennis David, North American Deputy Vice Chairman of the CSG,
indicated that the species does not meet the criteria for listing as
endangered or threatened, and that a downlisting action would greatly
influence the ability of Latin American countries to pursue the
establishment of sound management programs. According to Mr. David,
many of these countries are actively seeking to establish regulated
harvests that would provide economic incentives for the conservation of
crocodilian species and their wetland habitats. The most destructive
action, in his view, would be to maintain or establish obstacles to the
development of regulated harvest programs in this region. He stated
that the CITES Appendix II classification provided ample control over
trade.
Dr. Valentine A. Lance, Vice Chairman for Science of the CSG,
opposed any decision to list other caiman species as endangered under
``similarity of appearance'' because of his belief that none of the
caiman species are endangered.
Dr. Obdulio Menghi, Scientific Coordinator of the CITES
Secretariat, commented that after having reviewed the comments made by
Latin American countries regarding the distribution of populations of
the species and based upon his own experience in the region,
er caiman species as endangered under
``similarity of appearance'' because of his belief that none of the
caiman species are endangered.
Dr. Obdulio Menghi, Scientific Coordinator of the CITES
Secretariat, commented that after having reviewed the comments made by
Latin American countries regarding the distribution of populations of
the species and based upon his own experience in the region,
he believed that yacare should be removed from the U.S. endangered
species list. This, he wrote, would improve compliance with CITES by
allowing legal trade. Dr. Menghi also opposed adding C. c. crocodilus
and C. c. fuscus to the list of endangered and threatened species under
the similarity of appearance provisions. Dr. Menghi noted that listing
C. c. crocodilus and C. c. fuscus would discourage an entire region
that has come a long and difficult way toward accomplishing the aims of
CITES.
Dr. Dietrich Jelden, Deputy Head of the CITES Scientific Authority
of Germany (currently Head of the Management Authority of Germany)
commented that, based on the status of yacare in its four range
countries, virtually all populations had suffered severely from
indiscriminate hunting. He recommended that any downlisting should be
combined with improvements to the general management of the species.
Furthermore, he believed that any downlisting should be combined with a
commitment from the governments of Bolivia, Brazil, and Paraguay, to
only ship tanned skins or flanks marked with self-locking tags, if they
intend to start legally exporting yacare skins.
Ms. Ginette Hemley of TRAFFIC-USA (now with World Wildlife Fund)
commented that, in her view, the species does not qualify as
endangered, and it is clearly not ``in danger of extinction throughout
all or a significant portion of its range.'' The high value of C.
crocodilus products and the relative abundance of the species,
including C. yacare, has prompted many range countries to develop, or
begin developing, sustained-use management programs
dlife Fund)
commented that, in her view, the species does not qualify as
endangered, and it is clearly not ``in danger of extinction throughout
all or a significant portion of its range.'' The high value of C.
crocodilus products and the relative abundance of the species,
including C. yacare, has prompted many range countries to develop, or
begin developing, sustained-use management programs. Whereas a policy
of strict protection once appeared to be the best way to conserve the
species, many range countries now see that the most appropriate means
of protecting the species is through farming, ranching, or controlled
harvest, and trade. She added that Service policy on conservation and
trade of the species, including C. yacare, should take these
developments into consideration, as they are fully consistent with the
purposes of CITES and the Act. Ms. Hemley stated that C. yacare should,
at a minimum, be downlisted from endangered to threatened under the
Act, and that the Service should use every resource and legal tool
available to combat and control the illegal trade.
Mr. Jorge Hernandez Camacho of the Institute for Natural Renewable
Resources (INDERENA) and the CITES Scientific Authority for Colombia,
commented that four subspecies of C. crocodilus (apaporiensis,
chiapasius, crocodilus, and fuscus) occur in Colombia and that the
Government has no interest in the commercialization of specimens or
hides of C. yacare. Mr. Camacho wrote that the formal inclusion of C.
c. chiapasius, C. c. crocodilus, and C. c. fuscus by similarity of
appearance under the Act could have a drastic negative impact on the
future of crocodilian management policies and practices in Colombia. He
stated that there is no commercial hunting of any crocodilian species
in Colombia and that management policy is oriented toward the
establishment of captive breeding farms. Reportedly, INDERENA
authorities allow the capture of animals from the wild for breeding
purposes only
ct could have a drastic negative impact on the
future of crocodilian management policies and practices in Colombia. He
stated that there is no commercial hunting of any crocodilian species
in Colombia and that management policy is oriented toward the
establishment of captive breeding farms. Reportedly, INDERENA
authorities allow the capture of animals from the wild for breeding
purposes only. The control system for ranched specimens includes the
marking of individuals and legally-produced hides.
Mr. Tomas Uribe, Director of the Colombian Government Trade Bureau,
on behalf of the Government of Colombia, submitted two responses
(letters of February 26, 1991, and March 8, 1991) to the Service's
notice. He observed that although C. yacare does not exist in Colombia,
a main concern was the prospective listing, as endangered or threatened
by similarity of appearance, of species native to their country,
particularly C. c. crocodilus and C. c. fuscus. Mr. Uribe wrote that
Colombia has a comprehensive and scientifically oriented system of
protection and conservation of its natural and wildlife resources. He
affirmed that the Government of Colombia recognized the importance of
the caiman trade and its contribution to regional welfare, and
instituted a program to ensure the conservation of the species
involved. All caiman skins exported must be accompanied by a CITES
export permit issued by the Institute for Natural Renewable Resources
(INDERENA), Ministry of Agriculture.
Three comments were received from scientists who work for the
Brazilian governmental agency, Embresa Brasiliera de Pesquisa
Agropecuaria/Centro de Pesquisas Agropecuarias do Pantanal (EMBRAPA/
CPAP), in the State of Mato Grosso do Sul. They contended that C.
yacare remains common throughout its range despite extensive
exploitation in the southern part of the Pantanal and in other regions.
They stated that there is no reason to have the C
ho work for the
Brazilian governmental agency, Embresa Brasiliera de Pesquisa
Agropecuaria/Centro de Pesquisas Agropecuarias do Pantanal (EMBRAPA/
CPAP), in the State of Mato Grosso do Sul. They contended that C.
yacare remains common throughout its range despite extensive
exploitation in the southern part of the Pantanal and in other regions.
They stated that there is no reason to have the C. yacare listed as
endangered, and that the Appendix II listing under CITES is sufficient
for the United States to support any management decisions by the
Brazilian Wildlife Management Authority (IBAMA). Mr. George Rebelo of
the Instituto Nacional de Pesquisas de Amazonia (INPA) commented that
C. yacare is common over all of its range in Brazil, but in many places
there are visibly depleted populations. He stated that C. yacare should
not be downlisted until a feasible management plan to harvest skins
under a sustained-yield model is developed, and until illegal hunting
is stopped or greatly reduced.
In Argentina, one governmental agency (Ministerio de Economia,
Buenos Aires) favored listing C. yacare as threatened to bring it in
line with the CITES listing; while two agencies (Ministerio de
Agricultura, Ganaderia and Industria y Comercio--Provincia de Santa Fe
and El Bagual Ecological Reserve--Formosa) opposed this listing until a
recovery program has been developed.
Ms. Aida Luz Aquino-Shuster, Scientific Authority CITES-Paraguay,
commented that C. yacare can still be found in large numbers in the
Pantanal, but that they are less common in the lower Chaco region of
Paraguay. Furthermore, in response to the October 1990 Federal Register
notice, Ms. Aquino-Shuster observed that the control systems in all the
range countries were very poor or non-existent at that time. She felt
that a good strategy to enhance the survival of the species in the
various range countries should be developed and implemented before the
United States downlists C. yacare.
Ms
of
Paraguay. Furthermore, in response to the October 1990 Federal Register
notice, Ms. Aquino-Shuster observed that the control systems in all the
range countries were very poor or non-existent at that time. She felt
that a good strategy to enhance the survival of the species in the
various range countries should be developed and implemented before the
United States downlists C. yacare.
Ms. Ana Maria Trelancia of Lima, Peru, a member of the CSG, wrote
that the 2-year survey on C. yacare conducted by competent researchers
shows that this species can support sustainable use, and that the
United States' prohibition on importation should be changed to bring it
in line with CITES.
Dr. Marinus S. Hoogmoed of the National Museum of Natural History
of Holland commented that the trade in products of caiman species
should be allowed, provided the skins are legitimately taken and marked
as such.
Three Zoological Institutions (Toledo Zoological Society,
Riverbanks Zoological Park, and Zoo Atlanta) recommended that the
Service list C. c. crocodilus and C. c. fuscus under the similarity of
appearance provisions of the Act because small pieces of hides or
finished products are difficult to distinguish from the listed species,
C. yacare.
Extensive comments were received from Mr. Peter Brazaitis of the
New York Zoological Society. Since 1985, Mr. Brazaitis has conducted
field investigations on Caiman species in Brazil. His primary research
focus has been the resolution of both taxonomic
nce provisions of the Act because small pieces of hides or
finished products are difficult to distinguish from the listed species,
C. yacare.
Extensive comments were received from Mr. Peter Brazaitis of the
New York Zoological Society. Since 1985, Mr. Brazaitis has conducted
field investigations on Caiman species in Brazil. His primary research
focus has been the resolution of both taxonomic
issues and the determination of the status and distribution of caimans.
In 1986, Mr. Brazaitis was Coordinator for the CITES Central/South
America caiman survey in Brazil.
Mr. Brazaitis stated that the rampant illegal trade in crocodilians
continued at an alarming rate. Due to the great similarity of
appearance among the Caiman species, he noted that it is difficult to
identify the species, especially when small pieces of skins and
products, or even whole skins are involved. According to Mr. Brazaitis,
the majority of skins involved in trade are C. yacare, and at the time
of his writing there were no legal sources for these skins because each
range country (Argentina, Bolivia, Brazil and Paraguay) had a ban on
the export of all caimans. He further noted that while no legal sources
existed for raw untanned skins, raw skins continually entered
commercial trade and found their way into the United States.
Mr. Brazaitis commented that the lack of adequate trade controls
and the lack of procedures for marking skins and products, compounded
the problem of distinguishing the taxa yielding hides and products,
because of the great similarity in appearance and morphology. He
observed that the extensive trade in items made from C. crocodilus may
include products made from the endangered species (C. c. apaporiensis
and C. c. yacare) that pass unhalted into the United States due to
similarity of appearance. According to King (pers. comm.), there have
been no reports of C. c. apaporiensis still occurring in the wild over
the last 20 years.
Mr. Brazaitis urged the Service to include listing C. c
rade in items made from C. crocodilus may
include products made from the endangered species (C. c. apaporiensis
and C. c. yacare) that pass unhalted into the United States due to
similarity of appearance. According to King (pers. comm.), there have
been no reports of C. c. apaporiensis still occurring in the wild over
the last 20 years.
Mr. Brazaitis urged the Service to include listing C. c.
crocodilus, C. c. fuscus and C. latirostris under the similarity of
appearance provision of the Act. [Note that C. latirostris is already
listed as endangered under the Act.] Apart from the similarity of
appearance issue, Mr. Brazaitis wrote that sufficient grounds exist to
elevate C. c. crocodilus in Brazil to endangered status.
A group of scientists (M. Watanabe, J. Mahony, W. Tramontano, and
E. Odierna) from Manhattan College in New York have assayed heavy metal
content in tissues taken from caimans (all species) in Brazil. These
scientists report that populations surveyed by the field team in Brazil
suggest very low numbers in many regions of the Amazon Basin, and
surveys in northern Brazil found few adult animals.
Summary of Factors Affecting Caiman Yacare
Section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations
promulgated to implement the listing provisions of the Act (50 CFR part
424) set forth five criteria to be used in determining whether to add,
reclassify, or remove a species from the list of endangered and
threatened species. These factors and their applicability to
populations of the yacare caiman in South America are as follows.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
ng provisions of the Act (50 CFR part
424) set forth five criteria to be used in determining whether to add,
reclassify, or remove a species from the list of endangered and
threatened species. These factors and their applicability to
populations of the yacare caiman in South America are as follows.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The yacare caiman may occur over 500,000 square kilometers (sq km)
in Brazil of which 175,000 sq km is in the Pantanal, which is a primary
habitat (Brazaitis et al. 1988). The Pantanal is a complex region which
lies in the basin of the Paraguay River in the Brazilian States of Mato
Grosso and Mato Grosso du Sol. The region is composed of permanent
swamp, seasonal swamp, gallery forest, marginal scrub, savannah, and
semi-deciduous forest. The yacare is the only caiman in the Pantanal
(Brazaitis 1989a). The yacare, in the Pantanal and elsewhere, is found
in a wide variety of habitats including those that are altered by
humans. The species occurs in vegetated and non-vegetated large open
rivers, secondary rivers and streams, flooded lowlands and forests,
roadside ditches and canals, oxbows, large and small lakes and ponds,
cattle ponds and streams (Brazaitis et al. 1988). The yacare is found
throughout the Bolivian Departments of Beni, Pando, and Santa Cruz, and
the lowland portions of Chuquisaca, Cochabamba, La Paz, and Tarija
(King and Videz Roca 1989). King and Videz Roca (1989) also indicate
that the yacare may occur in permanent wetland habitats that may total
over 60,000 sq km in area and in seasonal wetland habitats that may
total an additional 70,000 sq km in area. The yacare occurs throughout
the Chaco of western Paraguay wherever there are permanent water
refuges during the dry season (Scott et al. 1990)
(King and Videz Roca 1989). King and Videz Roca (1989) also indicate
that the yacare may occur in permanent wetland habitats that may total
over 60,000 sq km in area and in seasonal wetland habitats that may
total an additional 70,000 sq km in area. The yacare occurs throughout
the Chaco of western Paraguay wherever there are permanent water
refuges during the dry season (Scott et al. 1990). The species inhabits
the flat seasonally flooded lands west of the Paraguay River in the
southern Chaco, marshes and oxbows along the isolated streams and river
valleys in eastern Paraguay, and the extensive marshes at the
confluence of the Paraguay and Parana rivers in southern Paraguay
(Scott et al. 1990).
The expansion of cattle grazing and the concurrent construction of
permanent water sources for cattle has increased the dry season
freshwater habitats available to caiman in some areas, and has
diminished habitat in other areas by increasing the salinity of
waterways (King et al. 1994). Habitat destruction and deterioration has
taken place and continues to occur throughout the range of the yacare.
Transportation improvements destroy relatively small amounts of habitat
but increase the access of poachers to some yacare habitats. Increasing
human populations, the development of hydroelectric projects, the
draining of wetlands, and deteriorating water quality due to siltation
or the extensive dumping of pollutants has caused habitat degradation.
However, yacare habitat is very extensive and yacare habitation is so
widespread that it is very unlikely that the species is presently
endangered or threatened because of the destruction, modification, or
curtailment of its habitat or range.
B. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
the extensive dumping of pollutants has caused habitat degradation.
However, yacare habitat is very extensive and yacare habitation is so
widespread that it is very unlikely that the species is presently
endangered or threatened because of the destruction, modification, or
curtailment of its habitat or range.
B. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
The status of the yacare has been of concern. Each of the four
range countries has some populations that are adequate, and each has
other populations that are reported to be depleted or extirpated
(Groombridge 1982). Hunting for hides, both legal and illegal, has in
the past been the major threat to the survival of populations of the
species. The species is either provided protection by domestic
legislation (Paraguay, Argentina, and Brazil) or the legal harvest is
regulated by established hunting seasons and limits on the size of
animals that can be legally killed for the commercial trade (Bolivia).
Questions about the taxonomy, distribution, and population status of
the species prompted the CITES Secretariat in conjunction with the CSG
to undertake a survey (starting in late 1986 and early 1987) and to
help develop a conservation program for the crocodilians of the genus
Caiman. These surveys were conducted under the auspices of CITES and
were carried out by the CSG, and the Governments of Brazil, Bolivia,
and Paraguay. The available data from these studies (Brazaitis 1989a;
Brazaitis et al. 1990; King and Videz Roca 1989; and Scott et al. 1988
and 1990) on the distribution, ecology, and status of C. yacare are
reviewed below to assess Factor B under the Act.
In the past, large numbers of caiman per year, particularly those
of C. yacare, were taken from Brazil, in violation of Brazilian law
(Brazaitis et al. 1988). Yacare populations declined in many areas,
although the species can be found, in varying population densities in
most areas where suitable habitat remains
gy, and status of C. yacare are
reviewed below to assess Factor B under the Act.
In the past, large numbers of caiman per year, particularly those
of C. yacare, were taken from Brazil, in violation of Brazilian law
(Brazaitis et al. 1988). Yacare populations declined in many areas,
although the species can be found, in varying population densities in
most areas where suitable habitat remains. Yacare found in some surveys
almost a decade ago appeared small, extremely wary, and exhibited a
high male sex ratio. It was suggested that females might be more
heavily
harvested at a time when they might be very vulnerable while protecting
their nests (Brazaitis 1989a). Brazilian yacare have historically been
illegally taken by Bolivian and Paraguayan traders. Local landowners in
Bolivia and Paraguay, and the exotic foreign leather interests provided
a basis for illegal hunting and a market for skins. The illegal harvest
was the direct result of illegal hide buyers operating with the tacit
approval of authorities in Bolivia and Paraguay (King and Videz Roca
1989), although there is reason to believe that situation, prevalent
almost a decade ago, has improved recently. Habitats may be remote and
inaccessible during the wet season but easily accessible during the dry
season when most harvest occurs (Brazaitis 1989a).
The yacare remain widely distributed in Bolivia (King and Videz
Roca 1989), with management of populations improving in recent years.
The average length of certain measured caiman was about 1.25m which
suggests a disproportionately young age structure. Caiman populations
in some rivers were extirpated, but caiman survive in Bolivia due to
abundant habitat and their rapid growth to sexual maturity. Minimal
size lengths and legal hunt seasons have been established. A
sustainable harvest will occur, with effective enforcement of existing
laws governing the yacare
caiman was about 1.25m which
suggests a disproportionately young age structure. Caiman populations
in some rivers were extirpated, but caiman survive in Bolivia due to
abundant habitat and their rapid growth to sexual maturity. Minimal
size lengths and legal hunt seasons have been established. A
sustainable harvest will occur, with effective enforcement of existing
laws governing the yacare. Almost a decade ago , it was reported that
the long-term continuation of the status quo could lead to the
endangerment of the species in Bolivia (King and Videz Roca 1989); it
is believed that situation has improved, with new, more effective
management in Bolivia.
The yacare persists in good numbers throughout the Chaco region of
Paraguay, wherever there are permanent water refuges during the dry
season. The yacare is subject to intense hunting pressures for both
hides and meat in many locations, although populations may be dense
where the species is protected. Some caiman populations, until
recently, were heavily exploited. The fact that small residual
populations exist in many areas suggest that the yacare should be able
to recover where they and their habitats are protected (Scott et al.
1990). King et al. (1994) reported that large populations of yacare can
still be found in suitable habitats. In some cases, however,
populations consist of smaller animals suggesting that extensive
hunting occurred in the recent past.
The CSG did not conduct a survey and assessment in Argentina. Fitch
and Nadeau (1979) indicated that yacare were relatively abundant in
northern Argentina. Using a combination of census methods and
interviews with hunters and hide dealers, they estimated that 1,400,000
animals remained in the swamps of western Argentina. This preliminary
estimate was later revised downward to 200,000 (King in litt)
G did not conduct a survey and assessment in Argentina. Fitch
and Nadeau (1979) indicated that yacare were relatively abundant in
northern Argentina. Using a combination of census methods and
interviews with hunters and hide dealers, they estimated that 1,400,000
animals remained in the swamps of western Argentina. This preliminary
estimate was later revised downward to 200,000 (King in litt).
The Service believes there is sufficient cause to find, at this
time, that some populations of the yacare caiman still may be
threatened by trade in portions of its extensive range. In some cases,
harvest numbers could exceed the sustainable yield.
C. Disease or Predation
The eggs of C. yacare are eaten by a variety of predators, which in
some localities include humans, and hatchlings are consumed by a
variety of predators including crocodilians. However, there is no
evidence, at this time, that disease or predation are significant
factors affecting C. yacare populations.
D. The Inadequacy of Existing Regulatory Mechanisms
The yacare is protected in Argentina by a total ban on commercial
hunting, and on the export of raw and tanned hides, and other products.
Domestic laws ban the export of wildlife and wildlife products from
Brazil, except from approved ranching programs. The yacare is nominally
protected in Paraguay by Presidential decree which prohibits hunting,
commerce, and the import and export of all species of wildlife and
their parts and products, although a restricted harvest was held in
1994 (King et al. 1994). Bolivia permits the hunting of yacare from
January 1 to June 30, and imposes a 1.5m size limit on all harvested
caiman. The yacare was listed as endangered by the Pan American Union
in 1967 (Groombridge 1982). The yacare was additionally listed as
endangered under the U.S. Endangered Species Conservation Act of 1969
and was added to Appendix II of CITES in 1975
ld in
1994 (King et al. 1994). Bolivia permits the hunting of yacare from
January 1 to June 30, and imposes a 1.5m size limit on all harvested
caiman. The yacare was listed as endangered by the Pan American Union
in 1967 (Groombridge 1982). The yacare was additionally listed as
endangered under the U.S. Endangered Species Conservation Act of 1969
and was added to Appendix II of CITES in 1975.
The several pieces of domestic and international legislation and
individual Presidential decrees were meant to restrict the harvest and
commercial trade of yacare to a sustainable harvest from wild
populations of yacare legally killed in Bolivia. Yacare skins, other
parts and products from this legal harvest, with proper CITES export
permits from Bolivia, have been able to enter international trade with
countries other than the United States. In some cases, existing
legislation and decrees have been inadequately or unevenly enforced.
The yacare is apparently illegally killed in Argentina, Bolivia,
Brazil, and Paraguay, and reportedly may be illegally exported with
real or forged CITES export permits from some South American countries.
Furthermore, some countries of manufacture, knowingly or unknowingly,
apparently accepted illegally killed and illegally exported yacare,
used these materials in the production of leather goods, and shipped
the resulting finished products to the United States. Although a live
or whole yacare caiman can be distinguished from other caiman species,
the products from tanned or processed skins are often very difficult to
distinguish caiman species. U.S. Fish and Wildlife Service Wildlife
Inspectors, by clearing crocodilian products from these leather good
manufacturing countries, could inadvertently have allowed the import of
parts and products from illegally harvested yacare. Such imports would
constitute violation of the U.S
n species,
the products from tanned or processed skins are often very difficult to
distinguish caiman species. U.S. Fish and Wildlife Service Wildlife
Inspectors, by clearing crocodilian products from these leather good
manufacturing countries, could inadvertently have allowed the import of
parts and products from illegally harvested yacare. Such imports would
constitute violation of the U.S. Lacey Act and the Endangered Species
Act, and would be detrimental to the conservation of the yacare, by not
effectively promoting the management of the species.
The CITES Secretariat, in conjunction with the CSG, and with the
permission and cooperation of the range countries, conducted a survey
of the status of the yacare and discovered, during the course of those
surveys, major inadequacies associated with the existing regulatory
mechanisms. All available information indicates that some of the
regulations and laws have been improved since the survey.
The yacare in Paraguay is subject to intensive hunting pressures
for meat and hides (Scott et al. 1990). Until recently the level of
exploitation of caimans was uncontrolled and many populations were
over-exploited. The combination of increased difficulty in marketing
hides, an increased awareness of conservation needs, reduced caiman
populations, reduced prices, and increased action by government and
international agencies may have relieved some of the pressure on the
caiman resources (Scott et al. 1990). King et al. (1994) report that
the traffic in yacare skins was virtually nonexistent in Paraguay in
1993, and interest exists in developing sustainable harvest programs.
In the 1980s, the yacare in Bolivia supported a legal export trade
of 50,000-200,000 hides annually, and an illegal trade that brought
total exports to about 400,000 hides annually (King and Videz Roca
1989). The yacare was considered to be suffering from a lack of
conservation management because of a lack of enforcement of existing
wildlife laws
s in developing sustainable harvest programs.
In the 1980s, the yacare in Bolivia supported a legal export trade
of 50,000-200,000 hides annually, and an illegal trade that brought
total exports to about 400,000 hides annually (King and Videz Roca
1989). The yacare was considered to be suffering from a lack of
conservation management because of a lack of enforcement of existing
wildlife laws. The establishment and implementation of an adequate
bureaucracy to conduct wildlife
management and to enforce conservation laws was considered an
imperative if wildlife resources were to survive and flourish.
A 1961 Presidential decree prohibited the hunting of yacare less
than 1.5 meters (m) in length, and additional decrees closed the caiman
hunting seasons from July 1 to December 31. Unfortunately, there was no
effective enforcement of either the hunting season restriction or of
the minimum size limit restriction. About two-thirds of the hides
inspected in warehouses were less than the 1.5 m legal length. In 1986
and 1987, Bolivia reputedly sold CITES export permits, in the amount
equal to the annual CITES quotas, to skin exporters in Paraguay (King
and Videz Roca 1989). This provided an outlet for poached skins through
Paraguay which apparently enhanced the illegal kill and sanctioned and
encouraged the trans-national movement of illegal wildlife products in
violation of CITES. The Standing Committee of CITES recommended, in
October 1986, that the Parties to the Convention no longer accept
export permits from Bolivia, but further study would be required to
determine if effective regulatory mechanisms may presently be in place
in Bolivia.
Large numbers of caiman skins were illegally taken every year,
largely from south central Brazil, despite Brazilian laws (Law No.
5.197, January 3, 1967) which prohibit the commercial hunting of all
wildlife (Brazaitis et al. 1988). The illegal hunting of caiman in
south-central Brazil was well organized, well funded, and widespread
regulatory mechanisms may presently be in place
in Bolivia.
Large numbers of caiman skins were illegally taken every year,
largely from south central Brazil, despite Brazilian laws (Law No.
5.197, January 3, 1967) which prohibit the commercial hunting of all
wildlife (Brazaitis et al. 1988). The illegal hunting of caiman in
south-central Brazil was well organized, well funded, and widespread.
The endemic crocodilians, in some areas, however, are beginning to be
perceived as a valuable renewable natural resource and state
governments and the private sector have begun some conservation
initiatives. A Federal wildlife bureaucracy has been established, and
regional and local offices have been established in states and major
cities. Brazaitis et al. (1988) considered the Brazilian biologists and
law enforcement personnel as competent, interested, and eager to
participate in crocodilian wildlife conservation. These Brazilian
personnel, however, were ill equipped to face poachers that were both
better equipped and better armed. A further weakness has been that the
judiciary has not supported the enforcement of wildlife regulations
with appropriate penalties for violators. Presumably, the success and
effectiveness of future conservation programs for crocodilians will
depend on the cooperation and financial support of an interested
private sector.
The Service believes there is sufficient cause to find that the
yacare is presently threatened by the inadequacy of the existing
regulatory mechanisms. Sufficient laws and decrees may be published but
they have been insufficiently enforced to successfully promote the
conservation of the yacare.
E. Other Natural or Manmade Factors Affecting its Continued Existence
interested
private sector.
The Service believes there is sufficient cause to find that the
yacare is presently threatened by the inadequacy of the existing
regulatory mechanisms. Sufficient laws and decrees may be published but
they have been insufficiently enforced to successfully promote the
conservation of the yacare.
E. Other Natural or Manmade Factors Affecting its Continued Existence
Wildlife, such as the yacare caiman, can be advantageously utilized
in commerce if management is sufficient to maintain satisfactory
habitats, and harvest is at a level that allows maintenance of healthy
and sustainable populations. The yacare, under such conditions, can
provide revenue to pay for its own management and to stimulate local
economies. CITES works well to regulate exports under conditions where
all parties share the same conservation goals and provide adequate
resources to properly manage the species and control trade.
Currently, pressures exist to distort this ideal management model.
In many areas, within the range of the yacare, the goal has been to
exploit rather than conserve the species. Within the range countries,
there have been insufficient funds to protect, enhance, and manage
wildlife resources, and there are tremendous demands for land and the
products from that land to provide subsistence living to an increasing
human population. CITES implementation is challenging when countries do
not have the will or resources to prevent the over-exploitation of
natural resources. The unfortunate reality is that over exploitation
minimizes per item resource values in the short-term and may destroy
long-term resource values.
International trade in certain crocodilians has presented
significant problems for the CITES Parties; several resolutions have
been adopted at previous meetings of the Parties in an effort to
establish management regimes to benefit conservation of particular
species
lity is that over exploitation
minimizes per item resource values in the short-term and may destroy
long-term resource values.
International trade in certain crocodilians has presented
significant problems for the CITES Parties; several resolutions have
been adopted at previous meetings of the Parties in an effort to
establish management regimes to benefit conservation of particular
species. The United States, in conjunction with Australia, Germany, and
Italy, submitted a resolution (Conf. 8.14) for consideration at the
eighth meeting of the Conference of the Parties in Kyoto in 1992, which
called for a universal tagging system for the identification of
crocodilian skins in international trade. Additional controls were
incorporated into a revised resolution prepared by the CITES Animals
Committee and adopted by the CITES Parties at the ninth meeting of the
Conference of the Parties held in Fort Lauderdale, Florida, in November
1994. Resolution Conf. 8.14 was repealed with the adoption of the new
resolution Conf. 9.22 on the Universal Tagging of Crocodilians.
Requirements of this new resolution are incorporated into this proposed
rule and will also be incorporated into a future revision of 50 CFR
part 23 on CITES implementation in the United States. Adherence to the
new marking requirements should minimize the potential for substitution
of illegal skins and reduce the trade control problems with the
similarity in appearance of skins and products from different species
of crocodilians
e incorporated into this proposed
rule and will also be incorporated into a future revision of 50 CFR
part 23 on CITES implementation in the United States. Adherence to the
new marking requirements should minimize the potential for substitution
of illegal skins and reduce the trade control problems with the
similarity in appearance of skins and products from different species
of crocodilians.
The CITES resolution on the universal tagging system for the
identification of crocodilian skins requires, in part: (1) the
universal tagging of raw and processed crocodilian skins with non-
reusable tags for all crocodilian skins entering trade or being
reexported, unless they have been further processed and cut into
smaller pieces; (2) the tagging of transparent containers of
crocodilian parts; (3) that the non-reusable tags include as a minimum
the International Organization for Standardization two-letter code for
the country of origin, a unique serial identification number, a
standard species code and the year of production or harvest, and
further that such non-reusable tags be registered with the CITES
Secretariat and have the required information applied by permanent
stamping; (4) that the same information as is on the tags be given on
the export permit, re-export certificate or other Convention document,
or on a separate sheet which shall be considered an integral part of
the permit, certificate or document and which should be validated by
the same issuing authority; and (5) that re-exporting countries
implement an administrative system for the effective matching of
imports and re-exports and ensure that the original tags are intact
upon re-export unless the pieces are further processed and cut into
smaller pieces.
The Service has carefully assessed the best available biological
and conservation status information regarding the past, present, and
future threats faced by the yacare in proposing this rule
dministrative system for the effective matching of
imports and re-exports and ensure that the original tags are intact
upon re-export unless the pieces are further processed and cut into
smaller pieces.
The Service has carefully assessed the best available biological
and conservation status information regarding the past, present, and
future threats faced by the yacare in proposing this rule. Based on
this evaluation, the proposed action is to reclassify yacare caiman
populations from endangered to threatened. The Service has concluded
that an extensive but not yet completely adequately managed population
of yacare still exists over large and seasonally inaccessible areas
within the four South American range countries. There seems to be solid
and well-supported information documenting the extensiveness of the
distribution of this species. The Service recognizes that
little quantified field work has been performed to assess the
population trends over time, and this is due to the inaccessibility of
the habitat, the high costs of performing field work in such locations,
and physical risks to researchers in some areas. The best available
information does indicate that this species is surviving despite
unregulated harvests.
Criteria for reclassification of a threatened or endangered
species, found in 50 CFR 424.11(d) include extinction, recovery of the
species, or error in the original data for classification. The original
listing did not encompass the survey information, such as Medem's 1973
work, which documented an extensive range for this species. Given the
reproductive capabilities of crocodilians, this species should more
properly be considered as not in danger of extinction throughout all or
a significant portion of its vast range, but as threatened due to
inadequately regulated harvest and commercialization
ing did not encompass the survey information, such as Medem's 1973
work, which documented an extensive range for this species. Given the
reproductive capabilities of crocodilians, this species should more
properly be considered as not in danger of extinction throughout all or
a significant portion of its vast range, but as threatened due to
inadequately regulated harvest and commercialization. Therefore, if
measures to better regulate its harvest and commercialization are
successfully implemented, the yacare caiman should be able to achieve
stable and sustainable population levels.
Similarity of Appearance
In determining whether to treat a species as endangered or
threatened due to similarity of appearance, the Director shall consider
the criteria in section 4(e) of the Endangered Species Act. Section
4(e) of the Act and criteria of 50 CFR 17.50 set forth three criteria
in determining whether to list a species for reasons of similarity of
appearance. These criteria apply to populations of common caiman (C. c.
crocodilus) in South America, and the brown caiman (C. c. fuscus) in
Mexico and Central and South America.
The Service has intercepted numerous shipments of manufactured
items with documents identifying them as a lawfully tradable Appendix
II species (most often C. c. crocodilus and C. c. fuscus) and have
determined that they are, in fact, made from yacare caiman. There have
also been instances when products from other endangered species, such
as M. niger, have been declared as C. c. fuscus. One reason for this is
that many vendors, buyers and traders in South and Central America have
deliberately misidentified yacare caiman by obtaining documents
purporting to permit export of other Appendix II species. In addition,
representatives of the manufacturing industry and others have indicated
that it is a common practice in the trade to commingle skins at the
tanning, cutting and assembly stages of the manufacturing process so
that inadvertent commingling frequently occurs
ave
deliberately misidentified yacare caiman by obtaining documents
purporting to permit export of other Appendix II species. In addition,
representatives of the manufacturing industry and others have indicated
that it is a common practice in the trade to commingle skins at the
tanning, cutting and assembly stages of the manufacturing process so
that inadvertent commingling frequently occurs. While some affirmative
yacare identifications can be made in manufactured products, there are
numerous instances when proper identifications are not made and
significant quantities of yacare are probably being imported
unlawfully. This occurs because a positive yacare identification
depends upon whether certain indicator patterns are present on a piece
of skin and a large proportion of commercially useful pieces of skins
do not bear the key patterns.
In his comments submitted in response to the October 29, 1990,
Federal Register notice, Mr. Brazaitis provided extensive information
on the similarity of appearance amongst six caiman and crocodilian
species or subspecies as they occur in manufactured products and some
hides. He discussed in detail the indicator characteristics on live or
whole, untanned animals for C. yacare, C. c. crocodilus, C. c. fuscus,
C. c. apaporiensis, C. latirostris, and M. niger, the characteristics
remaining after tanning and cutting, and how frequently similar
characteristics found on pieces of skin preclude affirmative
identification.
The three criteria for listing of other caiman by similarity of
appearance are discussed below:
tics on live or
whole, untanned animals for C. yacare, C. c. crocodilus, C. c. fuscus,
C. c. apaporiensis, C. latirostris, and M. niger, the characteristics
remaining after tanning and cutting, and how frequently similar
characteristics found on pieces of skin preclude affirmative
identification.
The three criteria for listing of other caiman by similarity of
appearance are discussed below:
(1) The degree of difficulty enforcement personnel would have in
distinguishing the species, at the point in question, from an
endangered or threatened species (including those cases where the
criteria for recognition of a species are based on geographical
boundaries). Caiman yacare, C. c. crocodilus and C. c. fuscus
superficially resemble each other and are difficult to distinguish,
even for a trained herpetologist. They are distinguishable as live
animals because of different markings and coloration in the head
region, but manufactured products (shoes, purses, belts, or watchbands,
etc.) are extremely difficult even for an expert to identify as to the
species of origin (Brazaitis 1989b). Products from the three
crocodilians cannot readily be distinguished by law enforcement
personnel, which means that under present conditions commingled
products from U.S. listed and unlisted species may occur in U.S.
commerce.
(2) The additional threat posed to the endangered or threatened
species by loss of control occasioned because of the similarity of
appearance.
The inability to adequately control commerce in caiman products has
likely allowed losses to occur to other endangered species like C.
latirostris and M. niger. For example, the Service has records of
leather goods manufactured from M. niger being included in product
shipments declared as C. c. fuscus.
Another problem occurs when unlawfully harvested yacare enter
commerce in non-range South American countries and then are re-exported
with documents describing the export as native caiman
r to other endangered species like C.
latirostris and M. niger. For example, the Service has records of
leather goods manufactured from M. niger being included in product
shipments declared as C. c. fuscus.
Another problem occurs when unlawfully harvested yacare enter
commerce in non-range South American countries and then are re-exported
with documents describing the export as native caiman. Some non-yacare
countries have ineffective controls over their caiman exports. The
Service has intercepted a number of shipments of yacare from Colombia
despite domestic laws that only permit the export of caiman produced
through captive breeding programs, and despite the fact that the yacare
does not occur in Colombia. Other caiman countries have little control
over their domestic caiman harvests, and have exported yacare despite
the fact that the species does not occur in their country. The proposed
rule allows for cessation of commercial trade to the United States if
CITES bans are imposed for failure to implement appropriate trade
control measures.
A secondary effect of the proposed rule may be to enhance the
management of the three caiman species, to facilitate commerce in
products of caiman species that can tolerate a managed commercial
harvest, and to more effectively protect the endangered species of
caiman or of other taxa that cannot sustain a managed commercial
harvest.
(3) The probability that so designating a similar species will
substantially facilitate enforcement and further the purposes and
policy of the Act.
The Division of Law Enforcement presently inspects caiman shipments
to determine the validity of the proffered Appendix II CITES documents
and consults herpetologists to evaluate specimens when warranted. Due
to the problems of commingling and identification, a substantial number
of seizures, forfeitures and penalty assessments have been contested
further the purposes and
policy of the Act.
The Division of Law Enforcement presently inspects caiman shipments
to determine the validity of the proffered Appendix II CITES documents
and consults herpetologists to evaluate specimens when warranted. Due
to the problems of commingling and identification, a substantial number
of seizures, forfeitures and penalty assessments have been contested.
Judicial decisions have affirmed the validity of the Service's
identifications, but the expenditure of funds and resources is
disproportionate to that devoted to other species. An earlier judicial
forfeiture action was concluded after 6 years, a full trial, and the
employment, by both parties, of several expert witnesses. One of the
purposes of this proposed rule is to shift the inquiry from one of
evaluating a particular shipment, to one of supporting the
effectiveness of the CITES crocodilian skin control system and the
effectiveness of yacare management programs in countries of origin and
re-export, thereby enhancing the
management of the species while permitting other allocations of
enforcement resources.
The improved management of trade should enhance the conservation
status of each species, and the proposed listing action and the
proposed special rule should help CITES Parties control the illegal
trade in caiman skins, products, and parts.
Processing of this proposed rule conforms with the Service's
Listing Priority Guidance for Fiscal Years 1998 and 1999, published on
May 8, 1998 (63 FR 25502)
improved management of trade should enhance the conservation
status of each species, and the proposed listing action and the
proposed special rule should help CITES Parties control the illegal
trade in caiman skins, products, and parts.
Processing of this proposed rule conforms with the Service's
Listing Priority Guidance for Fiscal Years 1998 and 1999, published on
May 8, 1998 (63 FR 25502). The guidance clarifies the order in which
the Service will process rulemakings giving highest priority (Tier 1)
to processing emergency rules to add species to the Lists of Endangered
and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to
processing final determinations on proposals to add species to the
Lists; processing new proposals to add species to the Lists; processing
administrative findings on petitions (to add species to the Lists,
delist species, or reclassify listed species), and processing a limited
number of proposed or final rules to delist or reclassify species; and
third priority (Tier 3) to processing proposed or final rules
designating critical habitat. Processing of this proposed rule is a
Tier 2 action.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition of the degree of
endangerment, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing encourages and
results in conservation actions by Federal, State, private agencies and
groups, and individuals.
Section 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or on
the high seas, with respect to any species that is proposed to be
listed or listed as endangered or threatened and with respect to its
proposed or designated critical habitat, if any is being designated
n 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or on
the high seas, with respect to any species that is proposed to be
listed or listed as endangered or threatened and with respect to its
proposed or designated critical habitat, if any is being designated. No
critical habitat is being proposed for designation with this proposed
rule.
With respect to C. yacare, no Federal activities, other than the
issuance of CITES export permits, are known that would require
conferral or consultation.
Section 8(a) of the Act authorizes the provision of limited
financial assistance for the development and management of programs
that the Secretary of the Interior determines to be necessary or useful
for the conservation of endangered species in foreign countries.
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage
conservation programs for foreign endangered species, and to provide
assistance for such programs, in the form of personnel and the training
of personnel.
Sections 4(d) and 9 of the Act, and implementing regulations found
at 50 CFR 17.31, (which incorporate certain provisions of 50 CFR
17.21), set forth a series of prohibitions and exceptions that
generally apply to all threatened wildlife. These prohibitions, in
part, make it illegal for any person subject to the jurisdiction of the
United States to take (within U.S. territory or on the high seas),
import or export, ship in interstate commerce in the course of a
commercial activity, or sell or offer for sale in interstate or foreign
commerce any listed species. It also is illegal to possess, sell,
deliver, carry, transport, or ship any such wildlife that has been
taken illegally. Certain exceptions apply to agents of the Service and
State conservation agencies
ory or on the high seas),
import or export, ship in interstate commerce in the course of a
commercial activity, or sell or offer for sale in interstate or foreign
commerce any listed species. It also is illegal to possess, sell,
deliver, carry, transport, or ship any such wildlife that has been
taken illegally. Certain exceptions apply to agents of the Service and
State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving threatened wildlife species under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.32. With regard
to threatened wildlife, a permit may be issued for the following
purposes: scientific, enhancement of propagation or survival, economic
hardship, zoological exhibition or educational purposes, incidental
taking, or special purposes consistent with the Act. All such permits
must also be consistent with the purposes and policy of the Act as
required by section 10(d). Such a permit shall be governed by the
provisions of section 17.32 unless a special rule applicable to the
wildlife (appearing in sections 17.40 to 17.48) provides otherwise.
Threatened species are generally covered by all prohibitions
applicable to endangered species, under section 4(d) of the Act. The
Secretary, however, may propose special rules if deemed necessary and
advisable to provide for the conservation of the species. The special
rule proposed here for Sec. 17.42 would allow commercial importation
into the United States of certain farm-reared, ranch-reared, and wild-
collected specimens of threatened caiman species (which are listed in
CITES Appendix II). Importation could be restricted from a particular
country of origin or re-export if that country is not complying with
the CITES tagging resolution, or if that country has been singled out
for a recommended suspension of trade by the CITES Standing Committee
or Secretariat
reared, ranch-reared, and wild-
collected specimens of threatened caiman species (which are listed in
CITES Appendix II). Importation could be restricted from a particular
country of origin or re-export if that country is not complying with
the CITES tagging resolution, or if that country has been singled out
for a recommended suspension of trade by the CITES Standing Committee
or Secretariat. Interstate commerce within the United States in caiman
parts and reexport will utilize CITES Appendix II documents and will
not require additional U.S. threatened species permits.
Effects of the Proposed Rule
This proposed rule, if finalized, would revise Sec. 17.11(h) to
reclassify the yacare from endangered to threatened, so that the
regulations specifically pertaining to threatened species (50 CFR
17.31, 17.32, 17.51 and 17.52) would apply to it. The Apaporis River
caiman (C. c. apaporiensis), the black caiman (M. niger), and the
broad-snouted caiman (C. latirostris) will retain their endangered
status under the Act. C. c. crocodilus and C. c. fuscus including C. c.
chiapasius would be listed as threatened by reason of similarity in
appearance.
Consistent with the requirement of sections 3(3) and 4(d) of the
Act, this proposed rule also contains a special rule that would amend
50 CFR 17.42 to allow for the commercial importation, under the certain
conditions, of whole and partial skins, other parts and finished
products thereof of populations of yacare without a threatened species
import permit otherwise required by 50 CFR part 17, if all requirements
of the special rule are met and if proper CITES export permits or re-
export certificates accompany the shipments.
The proposed reclassification to ``threatened'' and accompanying
special rule that would allow commercial trade into the United States
without endangered species import permits does not end protection for
the yacare, which will remain on Appendix II of CITES
, if all requirements
of the special rule are met and if proper CITES export permits or re-
export certificates accompany the shipments.
The proposed reclassification to ``threatened'' and accompanying
special rule that would allow commercial trade into the United States
without endangered species import permits does not end protection for
the yacare, which will remain on Appendix II of CITES. Furthermore, the
special rule is proposed to complement the CITES resolution on
universal tagging of crocodilian skins by allowing imports only from
those range countries properly managing this species and controlling
exports, and only from those intermediary countries properly
implementing the tagging resolution. This special rule is proposed
because most yacare would enter the United States as finished products
that are largely indistinguishable from products from other caiman
taxa; thus, measures to discourage commingling of illegal caiman
specimens in the manufacturing process should be implemented in the
countries of re-export and manufacture.
Effects of the Proposed Special Rule
The proposed special rule will only allow importation into the
United States of caiman products from countries effectively
implementing the
crocodilian tagging resolution of CITES, and only from countries that
have not been singled out by the CITES Parties for inadequate
implementation of the CITES Convention. The intent of this proposed
special rule is to support those countries properly managing caimans
and to provide encouragement through open markets to range countries to
develop and maintain sufficient management so they can compete in the
caiman market of the United States.
The degree of endangerment of the many crocodilian species varies
by species and specific populations. Some caiman species are listed on
Appendix I of CITES, and the remaining species and populations are
included in Appendix II. Some species are listed as endangered on the
U.S
ntries to
develop and maintain sufficient management so they can compete in the
caiman market of the United States.
The degree of endangerment of the many crocodilian species varies
by species and specific populations. Some caiman species are listed on
Appendix I of CITES, and the remaining species and populations are
included in Appendix II. Some species are listed as endangered on the
U.S. List of Endangered and Threatened Wildlife, while other species
are not included. In addition, actions have been taken by several
countries to protect their wild populations but allow trade in
specimens bred or raised in captivity under appropriate management
programs.
Thus, trade in specimens from some properly managed populations is
not detrimental to the wild population, and commercial trade is allowed
under CITES with proper export permits from certain countries of origin
and intermediary or re-exporting countries. The Service's concern has
been that trade in non-endangered species has in the past provided the
opportunity for specimens of the endangered or threatened species or
populations to be commingled with legal trade, especially during the
manufacturing process. Numerous U.S. law enforcement actions as well as
past actions by the CITES Parties attest to this concern. The
underlying premise behind this special rule is that the current
management systems in some range countries of the yacare are being
sufficiently sustained or managed through ranching or captive breeding
programs to support controlled commercial use. The key risk to these
populations, as well as other similar-appearing crocodilians, is
inadequate controls in countries of re-export, especially in those
countries in which manufacturing occurs
hat the current
management systems in some range countries of the yacare are being
sufficiently sustained or managed through ranching or captive breeding
programs to support controlled commercial use. The key risk to these
populations, as well as other similar-appearing crocodilians, is
inadequate controls in countries of re-export, especially in those
countries in which manufacturing occurs.
The CITES Parties have adopted and are implementing provisions of a
universal tagging system for crocodilian skins, and the Service
supports these efforts, including the most recent clarifications of the
resolution resulting from the Animals Committee meeting held in
September 1996. Furthermore, at the CITES meeting of the Conference of
the Parties in Zimbabwe in 1997, the CITES Secretariat reported that to
its knowledge all range countries were effectively implementing the
universal tagging resolution. Adherence to the CITES tagging
requirements should reduce the potential for substitution of illegal
skins and reduce the trade control problems with the similarity of
appearance of skins and products among different species of
crocodilians. Further, this special rule contains other steps designed
to restrict or prohibit trade from countries that are not effectively
implementing the tagging resolution and thus to ensure that the United
States does not become a market for illegal trade in crocodilian
species and to encourage other nations to control illegal trade.
In summary, the proposed special rule allowing trade in yacare
specimens should provide incentives to maintain wild populations, as
well as encourage all countries involved in commerce in crocodilian
species to guard against illegal trade.
The United States will not allow the commercial import of skins,
products, and parts of CITES Appendix I crocodilian taxa or of
crocodilians listed as endangered under the Act, and will require
appropriate CITES permits or permits under the Act for non-commercial
imports of these species
ll as encourage all countries involved in commerce in crocodilian
species to guard against illegal trade.
The United States will not allow the commercial import of skins,
products, and parts of CITES Appendix I crocodilian taxa or of
crocodilians listed as endangered under the Act, and will require
appropriate CITES permits or permits under the Act for non-commercial
imports of these species.
Allowing the commercial import of specimens from properly managed
yacare populations is expected to benefit the conservation of wild
populations. Furthermore, the proposed special rule would complement
the CITES tagging requirements and would help ensure that only legally
taken specimens are traded, and thus benefiting the conservation of the
species.
Description of the Proposed Special Rule
The intent of the proposed special rule is to enhance the
conservation of the yacare and the other endangered and threatened
caiman species through support for properly designed and implemented
programs for yacare and for enforcement of tagging requirements in the
countries of origin and re-export.
Furthermore, as discussed earlier in this rule, the Service is
concerned about: (1) the illegal harvest and inadequate trade controls
for those caiman species, including the yacare, on Appendix II of
CITES; (2) the commingling and misidentification of legal and illegal
skins in intermediary trading, processing, and manufacturing countries;
and (3) the sustainable management of the yacare in those countries
allowing a legal harvest.
The proposed special rule is intended to support proper
implementation of the tagging resolution by restricting or prohibiting
importation of caiman skins and products from countries that are not
effectively implementing the CITES tagging resolution
trading, processing, and manufacturing countries;
and (3) the sustainable management of the yacare in those countries
allowing a legal harvest.
The proposed special rule is intended to support proper
implementation of the tagging resolution by restricting or prohibiting
importation of caiman skins and products from countries that are not
effectively implementing the CITES tagging resolution. Therefore, the
United States will not allow the import of CITES Appendix II caiman if
the countries of origin or the countries of manufacture or re-export
are not effectively implementing the CITES tagging resolution
including, but not limited to, the use of properly marked tamper-proof
tags on all skins and both halves of chalecos and on transparent parts
containers, with the same information that is on the tags also
appearing on the permit, an effective administrative system for
matching imports and re-exports; or have failed to designate Management
Authority or Scientific Authorities; 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 permits.
The proposed special rule is intended to complement and strengthen
the universal crocodilian tagging system in the CITES resolution
adopted at the 1994 Fort Lauderdale meeting (COP9). Proper
implementation of the CITES tagging system will represent a significant
step towards eliminating misidentification of skins. Measures to reduce
commingling within the countries of manufacture include effective
inspection of shipments to determine if the CITES country-of-origin tag
is intact for skin imports and exports and implementation of an
effective administrative system for tracking skins and pieces through
intermediary countries
ill represent a significant
step towards eliminating misidentification of skins. Measures to reduce
commingling within the countries of manufacture include effective
inspection of shipments to determine if the CITES country-of-origin tag
is intact for skin imports and exports and implementation of an
effective administrative system for tracking skins and pieces through
intermediary countries.
This special rule is proposed with the goal of ensuring adequate
control in the manufacturing countries to deter intermingling of the
protected species of caiman, as well as the endangered populations of
other crocodilians, without imposing the overburdensome requirement of
tracking each piece through the production process, and recording all
incoming tag numbers of the re-exporting permit for products.
It is the Service's understanding that Brazil is allowing the
export of yacare specimens from ranches and that the egg harvest
program is conservative and/or that periodic populations indices are
obtained. If Brazil limits the exports of yacare to those approved
facilities and does not allow export of wild-harvested specimens, the
United States will restrict import to those specimens from the approved
facilities and will judge any intermediary country accepting
unauthorized skins as a country not effectively implementing the
tagging
resolution and will prohibit/restrict parts and products from that
country.
Commerce with the United States in caiman products, if the proposed
special rule is adopted as final at the conclusion of the regulatory
process, will only be allowed with those exporting or re-exporting
countries provided that the specimens are properly tagged and
accompanied by proper CITES documents and the countries are effectively
implementing the CITES tagging resolution and have designated CITES
Management and Scientific Authorities, and the countries are not
subject to a Schedule III Notice of Information
e regulatory
process, will only be allowed with those exporting or re-exporting
countries provided that the specimens are properly tagged and
accompanied by proper CITES documents and the countries are effectively
implementing the CITES tagging resolution and have designated CITES
Management and Scientific Authorities, and the countries are not
subject to a Schedule III Notice of Information. In a limited number of
situations where the original tags from the country of export have been
lost in processing the skins, whole skins, flanks, and chalecos will be
allowed into the United States if CITES-approved re-export tags have
been attached in the same manner as the original tags, and provided
proper re-export certificates accompany the shipment. If a shipment
contains more than 25 percent replacement tags the re-exporting country
must consult with the U.S. Office of Management Authority prior to
clearance of the shipment, and such shipments may be seized, if the
Service cannot determine that the requirements of the tagging
resolution have been observed.
In the case where tagged caiman skins 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 Service will initially presume that
intermediary countries are effectively implementing the tagging
resolution, but the special rule has provisions to impose bans if
convincing evidence to the contrary is presented.
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 yacare skins, products, and
parts that can be utilized in products intended for U.S. commerce
ns if
convincing evidence to the contrary is presented.
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 yacare skins, products, and
parts that can be utilized in products intended for U.S. commerce. The
Management Authority of the country of manufacture should ensure that
re-export certificates provided for manufactured goods, intended for
the United States, are not for products and re-exports derived from
countries subject to a Schedule III Notice of Information. Commerce in
finished products from a re-export country, in compliance with these
rules, would be allowed with only the required CITES documentation and
without an endangered or threatened species permit for individual
shipments otherwise required under 50 CFR part 17.
Many parts of the proposed rule are modeled after the special rule
for the saltwater and Nile crocodiles published in the Federal Register
(61 FR 32356; June 24, 1996), including provisions for implementation
of the CITES universal tagging system. The special rule for the
saltwater and Nile crocodiles may be merged with the special rule for
the yacare when the final special rule is promulgated.
This proposed special rule allows trade through intermediary
countries. Countries are not considered as intermediary countries or
countries of re-export if the specimens remain in Customs control while
transiting or being transshipped through the country and provided those
specimens have not entered into the commerce of that country. However,
the tagging resolution presupposes a system for monitoring skins be
implemented by the countries of re-export.
Furthermore, this special rule is written to allow the Service to
respond quickly to changing situations that result in lessened
protection to crocodilians
eing transshipped through the country and provided those
specimens have not entered into the commerce of that country. However,
the tagging resolution presupposes a system for monitoring skins be
implemented by the countries of re-export.
Furthermore, this special rule is written to allow the Service to
respond quickly to changing situations that result in lessened
protection to crocodilians. Thus, the criteria described in the special
rule establish specific, non-discretionary bases for determining
whether CITES provisions are being effectively implemented. Therefore,
approval can be denied and imports into the United States can be
prohibited from any country that fails to comply with the requirements
of the special rule simply by the publication of such notice in the
Federal Register. Denial for subjective and discretionary reasons may
require proper notice and comment before implementing action can be
taken.
In a separate rule-making proposal, amending 50 CFR part 23, the
Service will propose implementation of the CITES tagging system for all
crocodilians. The rule proposed here will adopt the CITES-approved tags
as the required tag for all caiman skins, including chalecos and
flanks, being imported into or exported from any re-exporting country
if the skin is eventually imported into the United States. For the
reasons noted above, the Service finds that the proposed special rule
for caiman species, including the yacare, includes all of the
protection that is necessary and advisable to provide for the
conservation of such species.
Public Comments Solicited
The Service intends that any action resulting from this proposal be
as effective as possible. Therefore, any comments or suggestions from
the public, other concerned governmental agencies, the scientific
community, the trade industry, or any other interested party concerning
any aspect of this proposal are hereby solicited
ovide for the
conservation of such species.
Public Comments Solicited
The Service intends that any action resulting from this proposal be
as effective as possible. Therefore, any comments or suggestions from
the public, other concerned governmental agencies, the scientific
community, the trade industry, or any other interested party concerning
any aspect of this proposal are hereby solicited. Comments are
particularly sought concerning biological or commercial trade impacts
on any caiman population, or other relevant data concerning any threat
(or lack thereof) to the wild populations of caimans in Mexico and
Central and South America. Comments are also solicited on the question
of whether the listing of common caiman and brown caiman as threatened
by reason of similarity of appearance and the provisions of the special
rule will provide adequate protection to the yacare. Also, the Service
solicits comments as to whether the allowance of trade in yacare will
overstimulate the trade in other Caiman species thereby having a
detrimental effect on caiman populations that may not be properly
managed.
Final action on the proposed reclassification of the yacare, the
classification of the common and brown caiman, and the promulgation of
the special rule will take into consideration the comments and any
additional information received by the Service. Such communications may
lead to adoption of final regulations that differ from those in the
proposed rule.
National Environmental Policy Act
The Service has determined that Environmental Assessments and
Environmental Impact Statements, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared in
connection with regulations adopted pursuant to section 4(a) of the Act
of 1973, as amended. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
Regulatory Determinations
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, neither the
proposed downlisting from endangered to threatend nor the special rule
are significant regulatory actions subject to review by the Office of
Management and Budget.
References Cited
Amato, G. D. 1992. Expert Report. Yale University, New Haven, CT. 6
pp. Unpublished report.
Brazaitis, P. 1989a. The caiman of the Pantanal: Past, present, and
future, pp. 119-124, in Crocodiles. Proceedings of the 8th Working
Meeting of the Crocodile Specialist Group. IUCN, Gland, Switzerland.
204 pp.
Brazaitis, P. 1989b. The forensic identification of crocodilian
hides and products, pp. 17-43, in Crocodiles: Their ecology,
management and conservation. IUCN, Gland, Switzerland.
Brazaitis, P., R. Madden, G. Amato, G. Rabelo, C. Yamashita, and M.
Watanabe. 1997a. The South American and Central American caiman
(Caiman) complex. Unpublished report. 62 pp.
Brazaitis, P., C. Yamashita, and G. Rebelo. 1988. CITES central
South American caiman study: Phase I-central and southern Brazil. 62
pp.
Brazaitis, P., C. Yamashita, and G. Rebelo. 1990. A summary report
of the CITES central South American caiman study: Phase I: Brazil,
pp. 100-115, in Crocodiles. Proceedings of the 9th Working Meeting
of the Crocodile Specialist Group. Vol. I. IUCN, Gland, Switzerland.
300 pp.
Brazaitis, P., G. Amato, G. Rebelo, C. Yamashita, and J. Gatesy.
1993. Report to CITES on the biochemical systematics study of Yacare
caiman, Caiman yacare, of central South America. Unpublished report.
43 pp.
Brazaitis, P., R. Madden, G. Amato, and M. Watanabe. 1997b.
Morphological characteristics, statistics, and DNA evidence used to
identify closely related crocodilian species for wildlife law
enforcement. Presented at annual meeting of the American Academy of
Forensic Sciences. New York City, NY. Abstract.
Busack, S. D., and S. S. Pandya
are, of central South America. Unpublished report.
43 pp.
Brazaitis, P., R. Madden, G. Amato, and M. Watanabe. 1997b.
Morphological characteristics, statistics, and DNA evidence used to
identify closely related crocodilian species for wildlife law
enforcement. Presented at annual meeting of the American Academy of
Forensic Sciences. New York City, NY. Abstract.
Busack, S. D., and S. S. Pandya. 1996. Presented at 76th annual
meeting of the American Society of Ichthyologists and
Herpetologists. New Orleans, LA. Abstract.
Fitch, H., and M. Nadeau. 1979. An assessment of Caiman latirostris
and Caiman crocodilus yacare in northern Argentina. Unpublished
progress report to World Wildlife Fund-U.S., U.S. Fish and Wildlife
Service, and New York Zoological Society. 7 pp.
Groombridge, B. 1982. The IUCN Amphibia-Reptilia red data book. Part
I: Testudines, Crocodylia, Rhynchocephalia. IUCN, Gland,
Switzerland. 426 pp.
King, F. W., and Burke, R. L. 1989. Crocodilian, tuatara, and turtle
species of the world: A taxonomic and geographic reference.
Association of Systematic Collections, Washington, D.C.
King, F. W., and D. H. Videz-Roca. 1989. The caimans of Bolivia: A
preliminary report on a CITES and Centro Desarrollo Forestal
sponsored survey of species distribution and status, pp. 128-155, in
Crocodiles. Proceedings of the 8th Working Meeting of the Crocodile
Specialist Group. IUCN, Gland, Switzerland. 204 pp.
King, F. W., A. L. Aquino, N. J. Scott, Jr., and R. Palacios. 1994.
Status of the crocodiles of Paraguay: Results of the 1993 monitoring
surveys. Report from Biodiversity Services, Inc., to Paraguay's
Ministerio de Agricultura y Ganaderia and the Secretariat of the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES). 39 pp.
Scott, N. J., A. L. Aquino, and L. A. Fitzgerald. 1988.
Distribution, habitats, and conservation of the caiman
(Alligatoridae) of Paraguay. Unpublished report to the CITES
Secretariat, Lausanne, Switzerland. 30 pp.
Scott, N. J., A. L
Ministerio de Agricultura y Ganaderia and the Secretariat of the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES). 39 pp.
Scott, N. J., A. L. Aquino, and L. A. Fitzgerald. 1988.
Distribution, habitats, and conservation of the caiman
(Alligatoridae) of Paraguay. Unpublished report to the CITES
Secretariat, Lausanne, Switzerland. 30 pp.
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(Alligatoridae) of Paraguay. Vida Silvestre Neotropical, 43-51.
Authors
The primary author of this proposed rule is the Office of
Scientific Authority, U.S. Fish and Wildlife Service, Washington, D.C.
20240 (703-358-1708 or FTS 921-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
Recordkeeping requirements, Transportation.
Proposed 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. Amend Sec. 17.11(h) by revising the current entry for the yacare
caiman and by adding entries for the brown and the common caimans under
``Reptiles'' on the List of Endangered and Threatened Wildlife to read
as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
.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. Amend Sec. 17.11(h) by revising the current entry for the yacare
caiman and by adding entries for the brown and the common caimans under
``Reptiles'' on the List of Endangered and Threatened Wildlife to read
as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reptiles
* * * * * * *
Caiman, brown.................... Caiman crocodilus Mexico, Central Entire............. T(S/A) ____ NA 17.42(g)
fuscus (includes America, Colombia,
Caiman crocodilus Ecuador,
chiapasius). Venezuela, Peru.
* * * * * * *
Caiman, common................... Caiman crocodilus Brazil, Colombia, Entire............. T(S/A) ____ NA 17.42(g)
crocodilus. Ecuador French
Guiana, Guyana,
Surinam,
Venezuela,
Bolivia, Peru.
* * * * * * *
Caiman, yacare................... Caiman yacare....... Argentina, Bolivia, Entire............. T 3,____ N/A 17.42(g)
Brazil, Paraguay.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Section 17.42 is amended by adding a new paragraph (g) as
follows:
Sec. 17.42 Special rules--reptiles.
* * * * *
......... Caiman yacare....... Argentina, Bolivia, Entire............. T 3,____ N/A 17.42(g)
Brazil, Paraguay.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Section 17.42 is amended by adding a new paragraph (g) as
follows:
Sec. 17.42 Special rules--reptiles.
* * * * *
(g) Threatened Caiman. This paragraph applies to the following
species: Yacare caiman (Caiman yacare), the common caiman (Caiman
crocodilus crocodilus), and the brown caiman (Caiman crocodilus fuscus
including Caiman crocodilus chiapasius). These taxa will be
collectively referred to as ``caiman.''
(1) Definitions of terms for purposes of this paragraph (g).
(i) Caiman skin means whole or partial skins, flanks, bellies or
chalecos (whether salted, crusted, tanned or partially tanned or
otherwise processed).
(ii) Caiman product means fully manufactured products (including
curios), which are ready for retail sale without further processing or
manufacture and which are composed, totally or in part, of yacare
caiman, brown caiman or common caiman.
(iii) Caiman parts means body parts with or without skin attached
(including tails, throats, feet, and other parts, except skulls) and
small cut skins pieces.
(iv) Country of re-export means those intermediary countries that
import and re-export caiman skins, parts and/or products, except that
those countries through which caiman skins, parts and/or products are
transshipped while remaining under Customs control will not be
considered to be a country of re-export.
ng tails, throats, feet, and other parts, except skulls) and
small cut skins pieces.
(iv) Country of re-export means those intermediary countries that
import and re-export caiman skins, parts and/or products, except that
those countries through which caiman skins, parts and/or products are
transshipped while remaining under Customs control will not be
considered to be a country of re-export.
(v) Tagging resolution means the CITES resolution entitled
``Universal Tagging System for the Identification of Crocodilian
Skins'' and numbered Conf. 9.22 and any subsequent revisions.
(2) Prohibitions. The following prohibitions shall apply to yacare
caiman (Caiman yacare), the common caiman (Caiman crocodilus
crocodilus) and the brown caiman (Caiman crocodilus fuscus including
Caiman crocodilus chiapasius):
(i) Import, export, and re-export. Except as provided in paragraph
(g)(3) of this section it is unlawful to import, export, re-export, or
present for export or re-export any caiman or their skins, other parts
or products, without valid permits required under 50 CFR parts 17 and
23.
(ii) Commercial activity. Except as provided in paragraph (g)(3) of
this section, it is unlawful, in the course of a commercial activity,
to sell or offer for sale, deliver, receive, carry, transport, or ship
in interstate or foreign commerce any caiman, caiman skins or other
parts or products.
(iii) It is unlawful for any person subject to the jurisdiction of
the United States to commit, attempt to commit, solicit to commit, or
cause to be committed any acts described in paragraphs (g)(2)(i)-(ii)
of this section.
(3) General exceptions. The import, export, or re-export of, or
interstate or foreign commerce in caiman skins, meat, skulls and other
parts or products may be allowed without a threatened species permit
issued pursuant to 50 CFR 17.32 when the provisions in 50 CFR parts 13,
14, and 23, and the requirements of the applicable paragraphs set out
below have been met.
)(i)-(ii)
of this section.
(3) General exceptions. The import, export, or re-export of, or
interstate or foreign commerce in caiman skins, meat, skulls and other
parts or products may be allowed without a threatened species permit
issued pursuant to 50 CFR 17.32 when the provisions in 50 CFR parts 13,
14, and 23, and the requirements of the applicable paragraphs set out
below have been met.
(i) Import, export, or re-export of caiman skins and parts. The
import, export, or re-export into/from the United States of caiman
skins and parts must meet the following conditions:
(A) All caiman parts must be in a transparent, sealed container,
and each container imported into or presented for export or re-export
from the United States:
(1) Must have a parts tag attached in such a way that opening of
the container will preclude reuse of an undamaged tag;
(2) This parts tag must contain a description of the contents and
total weight of the container and its contents; and
(3) This parts tag must reference the number of the CITES permit
issued to allow the export or re-export of the container.
(B) Each caiman skin imported into or presented for export or re-
export from the United States after the effective date of the final
rule must bear: either an intact, uncut tag from the country of origin
meeting all the requirements of the CITES tagging resolution, or an
intact, uncut tag from the country of re-export where the original tags
have been lost or removed from raw, tanned, and/or finished skins. The
replacement tags must meet all the requirements of the CITES tagging
resolution, except showing the country of re-export in place of the
country of origin, provided those re-exporting countries have
implemented an administrative system for the effective matching of
imports and re-exports consistent with the tagging resolution. If a
shipment contains more than 25 percent replacement tags, the re-
exporting country must consult with the U.S
of the CITES tagging
resolution, except showing the country of re-export in place of the
country of origin, provided those re-exporting countries have
implemented an administrative system for the effective matching of
imports and re-exports consistent with the tagging resolution. If a
shipment contains more than 25 percent replacement tags, the re-
exporting country must consult with the U.S. Office of Management
Authority prior to clearance of the shipment, and such shipments may be
seized if the Service determines that the requirements of the tagging
resolution have not been observed;
(C) The same information that is on the tags must be given on the
export permit for all skins or re-export certificate for whole skins
including chalecos, which will be considered an integral part of the
document, carry the same permit or certificate number, and be validated
by the government authority designated by the CITES document-issuing
authority;
(D) The Convention permit or certificate must contain the following
information:
(1) The country of origin, its export permit number, and date of
issuance;
(2) If re-export, the country of re-export, its certificate number,
and date of issuance; and
(3) If applicable, the country of last re-export, its certificate
number, and date of issuance;
(E) The country of origin and any intermediary country(s) must be
effectively implementing the tagging resolution for this exception to
apply. If the Service receives persuasive information from the CITES
Secretariat or other reliable sources that the tagging resolution is
not being effectively implemented by a specific country, the Service
will prohibit or restrict imports from such country(s) as appropriate
for the conservation of the species.
(F) 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
ecretariat or other reliable sources that the tagging resolution is
not being effectively implemented by a specific country, the Service
will prohibit or restrict imports from such country(s) as appropriate
for the conservation of the species.
(F) 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 any members of the Order
Crocodylia 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, U.S.
Fish and Wildlife Service, ARLSQ Room 700, 4401 N. Fairfax Drive,
Arlington, Virginia 22203.
(ii) Import, export, or re-export of caiman products. Import,
export, or re-export into or from the United States of caiman products
will be allowed without permits required by 50 CFR 17 provided the
following conditions are met:
(A) The Convention permit or certificate must contain the following
information:
(1) The country of origin, its export permit number, and date of
issuance;
(2) If re-export, the country of re-export, its certificate number,
and date of issuance; and
(3) If applicable, the country of previous re-export, its
certificate number, and date of issuance.
(B) The country of origin and any intermediary country(s) must be
effectively implementing the tagging resolution for this exception to
apply. If the Service receives persuasive information from the CITES
Secretariat or other reliable sources that the tagging resolution is
not being effectively implemented by a specific country, the Service
will prohibit or restrict imports from such countries as appropriate
for the conservation of the species
y(s) must be
effectively implementing the tagging resolution for this exception to
apply. If the Service receives persuasive information from the CITES
Secretariat or other reliable sources that the tagging resolution is
not being effectively implemented by a specific country, the Service
will prohibit or restrict imports from such countries as appropriate
for the conservation of the species.
(C) 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 any member of
the Order Crocodylia 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.
(iii) Shipment of eggs, skulls, processed meat, and scientific
specimens. The import/re-export into/from the United States of eggs,
skulls, processed meat, and scientific specimens of yacare caiman,
common caiman, and brown caiman will be allowed without permits
otherwise required by 50 CFR 17, provided the requirements of 50 CFR
part 23 are met.
(iv) Noncommercial accompanying baggage. The conditions of
paragraphs (g)(3)(i) and (ii) for skins tagged in accordance with the
tagging resolution, skulls, meat, other parts, and products made of
specimens of yacare caiman, common caiman and brown caiman do not apply
to noncommercial accompanying personal baggage or household effects
unless the country from which the specimens were taken requires export
permits as per 50 CFR 23.13(d).
conditions of
paragraphs (g)(3)(i) and (ii) for skins tagged in accordance with the
tagging resolution, skulls, meat, other parts, and products made of
specimens of yacare caiman, common caiman and brown caiman do not apply
to noncommercial accompanying personal baggage or household effects
unless the country from which the specimens were taken requires export
permits as per 50 CFR 23.13(d).
(4) 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 banning or restricting trade in specimens of caiman
addressed in this paragraph (g) 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 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 or of any crocodilian
species listed in the CITES appendices.
(iii) The Service determines, based on information from the CITES
Secretariat or other reliable sources, that the country is not
effectively implementing the tagging resolution.
Dated: August 14, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife Parks.
[FR Doc. 98-25266 Filed 9-22-98; 8:45 am]
BILLING CODE 4310-55-P
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