[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Notices]
[Pages 23479-23480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11092]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Termination of the Pelly Amendment Certification of Taiwan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The Secretary of the Interior has determined that the reasons
for the certification of Taiwan, under the Pelly Amendment to the
Fisherman's Protective Act, for actions undermining the effectiveness
of an international program for endangered or threatened species, no
longer prevail. Therefore, the certification of Taiwan has been
terminated.
DATES: This notice is effective on April 30, 1997, and will be
effective until further notice.
ADDRESSES: U.S. Fish and Wildlife Service, Office of Management
Authority, 1849 C Street, N.W. (MS 430 ARLSQ), Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, U.S. Fish and
Wildlife Service, Office of Management Authority, 703-358-2095.
SUPPLEMENTARY INFORMATION: Under the Pelly Amendment to the Fisherman's
Protective Act of 1978, the Secretary of Interior is responsible for
determining if nationals of a foreign country, directly or indirectly,
are engaging in trade or taking which diminishes the effectiveness of
any international program for endangered or threatened species. If the
Secretary so determines, the Secretary shall certify such fact to the
President. On September 7, 1993, Secretary Bruce Babbitt certified to
President Clinton that nationals of Taiwan were diminishing the
effectiveness of the Convention on International Trade in Endangered
Species (CITES) by trading in rhinoceros and tiger parts and products.
He based his determination on the following: (1) The failure of Taiwan
to end its participation in rhinoceros horn trade despite a June 1992
resolution of the
[[Page 23480]]
CITES Standing Committee calling upon Taiwan to end such trade or face
the possibility of CITES calls for trade sanctions; (2) evidence
contained in a 1992 petition from both the World Wildlife Fund and
National Wildlife Federation asking Secretary Babbitt to certify Taiwan
for its involvement in rhinoceros horn trade; (3) public comment
received as a result of a Federal Register notice and public meeting in
December 1992 and January 1993, respectively, providing evidence to
support including trade in tiger bone in the contemplated Pelly
certification; (4) a decision in March 1993 by the 29th Meeting of the
CITES Standing Committee to censure the continued involvement of Taiwan
and three consuming countries in the rhinoceros horn and tiger bone
trades, and encouragement by the Standing Committee for CITES party
countries to use appropriate stricter domestic measures against Taiwan
and the three consuming countries; and finally (5) the failure of
Taiwan to demonstrate to Secretary Babbitt at his request in June 1993
that Pelly certification was not warranted. After careful consideration
of the facts, on April 11, 1994, President Clinton decided to impose
trade sanctions generally prohibiting all wildlife imports from Taiwan.
On August 2, 1994, President Clinton directed the Secretary of the
Treasury, in consultation with the Secretary of the Interior, to
prohibit the importation of fish or wildlife, as defined in 16 U.S.C.
3371 and 50 CFR 10.12, and their parts and products of Taiwan, to which
the import declaration requirements in 50 CFR 14.61 would apply. On
June 29, 1995, after the authorities on Taiwan had demonstrated
sufficient improvement, the President revoked those sanctions.
After making a Pelly certification to the President, the Secretary
is required to conduct periodic reviews to determine whether the
reasons for the certification still prevail, and if they no longer
prevail, the Secretary is required to terminate the certification.
During the period since trade sanctions were revoked in June 1995, the
authorities on Taiwan have: (1) passed amendments and regulations to
the Taiwan Wildlife Conservation Law establishing more severe penalties
for illegal trade in endangered species; (2) significantly improved
wildlife smuggling interdiction efforts through enhanced law
enforcement training, infrastructure, and forensic capabilities; and
(3) decreased market availability on Taiwan of products containing
rhinoceros and tiger parts. Given that the reasons for certification of
Taiwan no longer prevail, the Secretary has terminated the
certification of Taiwan under the Pelly Amendment to the Fisherman's
Protective Act of 1967 (22 U.S.C. 1978).
Dated: December 23, 1996.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-11092 Filed 4-29-97; 8:45 am]
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