Notice of Continued Suspension of Imports of Zimbabwe Elephant Trophies Taken On or After April 4, 2014, 42524-42527 [2015-17537]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42524-42527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17537]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-IA-2015-N077; FXIA16710900000-145-FF09A30000]


Notice of Continued Suspension of Imports of Zimbabwe Elephant 
Trophies Taken On or After April 4, 2014

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: On March 26, 2015, the U.S. Fish and Wildlife Service 
(Service) made a determination that the suspension on the import of 
sport-hunted African elephant trophies taken in Zimbabwe on or after 
April 4, 2014, would be continued until further notice. The decision to 
continue the suspension on importation of African elephant trophies 
taken in Zimbabwe through the 2015 hunting season and future hunting 
seasons is due to the Service's inability to determine that the killing 
of the animal whose trophy is intended for import into the United 
States would enhance the survival of the species in the wild. The 
suspension on importation of trophies taken during calendar year 2015 
or future hunting seasons could be lifted if additional information on 
the status and management of elephants in Zimbabwe becomes available 
which satisfies the conditions of the 4(d) special rule under the 
Endangered Species Act (Act).

ADDRESSES: Timothy J. Van Norman, Chief, Branch of Permits, Division of 
Management Authority, U.S. Fish and Wildlife Service, MS: IA, 5275 
Leesburg Pike, Falls Church, VA 22041-3803; fax (703) 358-2280; or 
email DMAFR@fws.gov.

FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, (703) 358-2104 
(telephone); (703) 358-2280 (fax); or DMAFR@fws.gov (email).

SUPPLEMENTARY INFORMATION: The African elephant (Loxodonta africana) is 
listed as threatened under the Endangered Species Act (Act), 16 U.S.C. 
1531 et seq., and is regulated under a special rule found at 50 CFR 
17.40(e). The special rule includes specific requirements for the 
import of sport-hunted trophies. Under paragraph 17.40(e)(3)(iii)(C), 
in order for the Service to authorize the import of a sport-hunted 
elephant trophy, the Service must find that the killing of the animal 
whose trophy is intended for import would enhance the survival of the 
species in the wild (an ``enhancement finding'').

[[Page 42525]]

    Zimbabwe has had an active elephant hunting program for over 20 
years, and imports into the United States have occurred at least since 
1997, when the Zimbabwe elephant population, along with populations in 
Botswana and Namibia, was downlisted to Appendix II of the Convention 
on International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) (South Africa's population was downlisted at a later date). 
When the population was downlisted, the Service published a notice in 
the Federal Register regarding the downlisting that acknowledged that, 
because elephants in Zimbabwe were an Appendix-II population, no U.S. 
import permit would be required to import trophies, but we did state 
that, in accordance with the special rule under the Act, the 
requirement for an enhancement finding would continue to apply (62 FR 
44627; August 22, 1997). In that notice, we stated that, in making the 
required enhancement finding for the import of sport-hunted trophies, 
the Service would review the status of the elephant population and the 
total management program for elephants in each country to ensure that 
the program was promoting the conservation of the species.
    On April 4, 2014, the Service announced an interim suspension of 
imports of sport-hunted elephant trophies taken in Zimbabwe during the 
2014 season. This finding was revised on April 17, 2014, primarily to 
clarify that the suspension applied only to elephants hunted on or 
after April 4, 2014. This determination was announced in the Federal 
Register on May 12, 2014 (79 FR 26986). The decision to establish an 
interim suspension of imports of elephant trophies from Zimbabwe was 
due to the Service having insufficient information on the status of 
elephants in Zimbabwe and on Zimbabwe's current elephant management 
program to make an enhancement finding. On July 17, 2014, the Service 
found that the import of elephant trophies taken in Zimbabwe in 2014 on 
or after April 4, 2014, would be suspended; this finding was revised on 
July 22 to make non-substantive corrections. This determination was 
announced in the Federal Register on July 31, 2014 (79 FR 44459). The 
decision to uphold the suspension on July 17, 2014, was due to the 
Service being unable to make an enhancement finding even after 
receiving additional materials from Zimbabwe's Parks and Wildlife 
Management Authority (ZPWMA) and others. The Service decided on March 
26, 2015, to continue the July 2014 suspension until such time as the 
Service can determine that the importation of sport-hunted elephant 
trophies from Zimbabwe meet the criteria under the regulations at 50 
CFR 17.40(e)(3)(iii)(C). The Service's March 26, 2015, decision was 
again due to the Service being unable to make an enhancement finding 
even after receiving additional materials from Zimbabwe's Parks and 
Wildlife Management Authority (ZPWMA) and others.
    Prior to April 4, 2014, the Service had limited information 
regarding the elephant population in Zimbabwe, its management, and how 
U.S. hunters were contributing to the enhancement of the species within 
Zimbabwe. Due to this limited information, the Service determined that 
it did not have sufficient information to make the required 
determination under paragraph 17.40(e)(3)(iii)(C), and therefore 
announced an interim suspension on April 4, 2015 (revised on April 17), 
until such time as sufficient information was obtained that would allow 
the Service to make the required finding. On April 4, 2014, the Service 
also sent a letter to Zimbabwe requesting information regarding the 
status of elephants in Zimbabwe and the hunting program. On April 17, 
2014, the Director-General of ZPWMA sent a response to the Service 
inquiry. Several weeks later, the Service received a number of 
documents, copies of Zimbabwean laws, and other supporting 
documentation that was referenced in the ZPWMA response. In addition, 
since that time, the Service has received additional supporting 
information from individuals and associations connected to the hunting 
industry in Zimbabwe or southern Africa and U.S.-based conservation and 
hunting nongovernmental organizations (NGOs). The Service also 
delivered a second letter, dated October 31, 2014, to ZPWMA while 
attending the 13th Annual African Wildlife Consultative Forum in 
Ethiopia. This letter requested clarification of information submitted 
to the Service, and also requested additional information to address 
questions that were raised from our review of available information. 
The Service received a response to this inquiry on December 10, 2014.
    Based on the information provided, Zimbabwe's current national 
elephant management plan consists primarily of two documents: The 
Policy and Plan for Elephant Management in Zimbabwe (1997) and Elephant 
Management in Zimbabwe, third edition (July 1996). Although the 
documents provide a well-developed list of goals and objectives, there 
is no information in these documents on how to achieve or fulfill these 
goals and objectives, nor do there appear to be any subsequent updates 
of the documents or reports that provide any indication of progress on 
fulfilling these management goals and objectives. Without management 
plans with specific goals and actions that are measurable and reports 
on the progress of meeting these goals, the Service cannot determine if 
ZPWMA is implementing the general goals and objectives that appear in 
Elephant Management in Zimbabwe and The Policy and Plan for Elephant 
Management in Zimbabwe. In December 2014, a workshop, hosted by ZPWMA, 
was held at the Hwange Safari Lodge, Zimbabwe, to discuss revisions to 
the management plans, particularly to establish clearer goals and 
measurable outcomes. It appears that the participants of the workshop 
agreed on a framework for a revised management plan that maintained the 
original 1997 long-term vision and the three target goals (i.e., 
maintain at least four demographically and genetically viable 
populations; maintain or increase elephant range; maintain numbers/
densities of elephants at levels that do not adversely impact 
biodiversity conservation goals while contributing to economically 
viable and sustainable wildlife-based land uses). The participants also 
began work on identifying strategic objectives and outputs, as well as 
recognizing some key activities, and starting to identify key 
performance indicators. Additional work is required to finalize the 
revised management plan. Once this work is completed, the Service will 
have an opportunity to evaluate the revised plan to determine if, in 
conjunction with other management actions, the criteria under 50 CFR 
17.40(e)(3)(iii)(C) have been met. However, based on the information 
available to the Service, there is not currently any information 
indicating that Zimbabwe is implementing, on a national scale, 
appropriate management measures for its elephant populations.
    One concern expressed in the April 2014 and July 2014 findings was 
whether management of elephants in Zimbabwe was based on accurate 
population estimates. According to the IUCN SSC African Elephant 
Database report 2013 Africa, the elephant population in Zimbabwe in 
2007 was estimated to be 99,107, and in 2012, it was estimated at 
100,291. However, these estimates were primarily based on older 
surveys, some of which dated back to 2001. In 2014, a nationwide survey 
was conducted in Zimbabwe as part of the Pan African Elephant Aerial 
Survey.

[[Page 42526]]

Preliminary results from the survey indicate that the overall estimated 
population of elephants in Zimbabwe was 82,000 to 83,000, approximately 
20 percent lower than the 2012 estimate. There was an increase in two 
of the subpopulations within Zimbabwe (North West Matabeleland Region--
2001 estimate of 49,312 elephants, and 2014 estimate of 53,949; 
Gonarezhou National Park--2013 estimate of 10,151 elephants, and 2014 
estimate of 10,722), but a decline in the other two subpopulations (Mid 
Zambezi Valley--2014 estimate of 12,211 elephants, down from 19,297 in 
2001; Sebungwe Region--2014 estimate of 3,634, compared to 13,988 in 
2001). With the recent survey, ZPWMA should have more accurate 
population estimates for each subpopulation to establish appropriate 
off-take levels to maintain a healthy population of elephants.
    According to information provided to the Service, Zimbabwe has a 
methodology, including participation from a number of stakeholders, for 
establishing annual hunting quotas for all areas of the country. 
However, while the described methodology appears to be based on sound 
wildlife management principles, the Service continues to have 
fundamental questions regarding how quotas are specifically established 
and how overall off-take, such as poaching and problem animal control, 
were taken into account, or to what degree biological factors are taken 
into consideration (as opposed to economic and societal 
considerations). The current quota setting process utilized by ZPWMA 
may take into consideration the issues raised in the Service's finding; 
however, without documentation of the system providing an explanation 
of the system used and describing the calculations, the Service cannot 
determine if sport-hunting quotas are reasonable or beneficial to 
elephant populations and, therefore, whether sport-hunting is enhancing 
the survival of the species.
    The Zimbabwean Parks and Wild Life Act has established the 
regulatory mechanism for the ZPWMA and its programs, and also provides 
for substantial penalties for the unlawful possession of or trading in 
ivory. In addition, the General Laws Amendment Act (No. 5) of 2010 
provides for mandatory imprisonment of not less than 9 years for 
poaching. If properly enforced, it appears these penalties would be a 
sufficient deterrent for poachers. However, based on the information 
available to the Service, we do not have a good understanding of the 
ZPWMA's annual operational budget, how much money is generated by 
elephant hunting, or how these funding levels impact the ability of 
ZPWMA to adequately implement the Parks and Wild Life Act or to carry 
out day-to-day management activities or anti-poaching efforts. In 
January 1996, the Government of Zimbabwe approved the establishment of 
the Parks and Wild Life Conservation Fund, a statutory fund responsible 
for financing operations directly from wildlife revenues. However, 
revenues generated through sport-hunting conducted on State and private 
lands are primarily used to finance ZPWMA, and only limited additional 
funding is available from appropriated funds from the Zimbabwe 
government or outside funding from NGOs. While the Service did receive 
additional information from ZPWMA and other sources on the revenue 
generated through hunting (in general) and other sources (in general), 
we still lack sufficient information on revenue generated through 
elephant hunting, particularly from U.S. hunters. It is possible that 
additional documentation could be provided to substantiate claims that 
revenue from U.S. hunters generated through elephant hunting provides a 
significant benefit to elephants in the wild, but until such time, we 
are unable to determine if these claims are accurate.
    In 1989, Zimbabwe established the Communal Areas Management 
Programme for Indigenous Resources (CAMPFIRE) to encourage reduction in 
human-elephant conflicts through conservation-based community 
development and to provide an economic incentive to improve community 
tolerance of wildlife, including elephants. In the past, the CAMPFIRE 
program has been the model for community-based conservation efforts in 
several other African countries and was identified as an innovative 
program. Under a community-based conservation program, like CAMPFIRE, 
rural communities should benefit from revenue generated by sport-
hunting. With increased human-elephant conflicts on Communal lands, 
sport-hunting may be an important tool that gives these communities a 
stake in sustainable management of the elephant as a natural and 
economic resource and provides the enhancement that would meet the U.S. 
criteria for authorizing imports of trophies. Much of the information 
provided to the Service over the past year focused on the benefits U.S. 
hunters provided to CAMPFIRE activities and community-based wildlife 
management. However, the information did not provide a clear connection 
between hunting revenues coming from U.S. hunters (e.g., how much is 
generated for communities), and indicated that over time, the 
management of wildlife and benefits provided through CAMPFIRE may have 
declined. It appears that these concerns were expressed during the 
November 2014 CAMPFIRE Stakeholder's Workshop held in Zimbabwe. The 
discussions and recommendations touched on the effectiveness of the 
CAMPFIRE concept and its relationship to tourist hunting. Participants 
at the workshop appeared to have made a good start at addressing issues 
raised by representatives of Rural Development Councils (RDCs), as well 
as the need for CAMPFIRE to face challenges with limited resources and 
capacity. It was recognized that there needed to be strong involvement 
with ZPWMA and safari operators since CAMPFIRE is in areas where there 
have been both elephant population declines and increased poaching. 
While the Service's concerns expressed in our earlier findings 
regarding community-based wildlife management have not been 
sufficiently addressed in the information provided to the Service to 
date, there does appear to be movement in better defining the role that 
CAMPFIRE and community-based wildlife management can play in elephant 
management, particularly in association with U.S. hunters.
    As was stated in the July 2014 and March 26, 2015, findings, there 
are clearly ``bright spots'' of elephant conservation efforts being 
carried out by non-governmental entities and individuals in Zimbabwe 
that are providing a benefit to elephants. Individual safari outfitters 
and landowners have established their own management efforts, including 
anti-poaching activities, on areas under their control, either through 
ownership of the land or leases. These entities have made significant 
strides to ensure the long-term survival of elephants on their lands. 
These efforts, however, have been adversely affected by unilateral or 
seemingly arbitrary actions taken by the central government or RDC, 
such as land redistribution activities, which minimize conservation 
efforts, and reduced lease durations. These ``bright spots'' are not 
numerous enough, in and of themselves, to overcome the problems 
currently facing Zimbabwe elephant populations or to support a finding 
that sport hunting throughout Zimbabwe would enhance the survival of 
the species. While additional information was provided since the July 
findings, much of this information only expanded on areas already 
identified in

[[Page 42527]]

previous submissions. It should be noted, however, that two workshops 
involving multiple safari outfitters and leaseholders are scheduled for 
the beginning of 2015 to identify and address outstanding issues faced 
by the safari outfitters. It is the hope of the Service that these 
workshops are successful and can act as a springboard for similar 
workshops throughout Zimbabwe.
    Therefore, based on the information currently available to the 
Service on government efforts to manage elephant populations, efforts 
to address human-elephant conflicts and poaching, and the state of the 
hunting program within the country, and without current data on 
population numbers and trends being incorporated into a national 
management strategy or plan, the Service is unable to make a finding 
that sport-hunting in Zimbabwe is enhancing the survival of the species 
and that imports of trophies would meet the criteria established under 
the Act for African elephants. The March 26, 2015, enhancement finding 
has been posted at https://www.fws.gov/international/pdf/enhancement-finding-March-2015-elephant-Zimbabwe.pdf. In addition, the press 
release announcing the suspension and frequently asked questions is 
available on the Service's Web page (www.fws.gov/international).
    This suspension does not prohibit U.S. hunters from traveling to 
Zimbabwe and participating in an elephant hunt. The Act does not 
prohibit take (e.g., hunting) outside the United States; it only 
prohibits import of trophies taken during such hunts without 
authorization under the Act.

    Dated: July 2, 2015.
Timothy J. Van Norman,
Chief, Branch of Permits, Division of Management Authority, U.S. Fish 
and Wildlife Service.
[FR Doc. 2015-17537 Filed 7-16-15; 8:45 am]
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