[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Proposed Rules]
[Page 57646-57652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-20]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF49
Endangered and Threatened Wildlife and Plants; 12-Month Petition
Finding and Proposed Rule To List the Tibetan Antelope as Endangered
Throughout Its Range
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
12-month finding that a petition to list the Tibetan antelope
(Pantholops hodgsonii) as endangered throughout its range pursuant to
the Endangered Species Act of 1973, as amended (Act, or ESA), is
warranted. The best available information indicates that the total
population of Tibetan antelope has declined drastically over the past
three decades. This decline has resulted primarily from overutilization
for commercial purposes and the inadequacy of existing regulatory
mechanisms. Habitat impacts, especially those caused by domestic
livestock grazing, appear to be a contributory factor in the decline,
and could have potentially greater impacts in the near future.
Accordingly, we herein propose to list the Tibetan antelope as
endangered, pursuant to the Act. This proposed rule, if made final,
would extend the Act's protection to this species. The Service seeks
data and comments from the public on this proposal.
DATES: Comments and information may be submitted until January 5, 2004.
Public hearing requests must be received by November 20, 2003.
ADDRESSES: Submit comments, information, and questions to the Chief,
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401
N. Fairfax Drive, Room 750, Arlington, VA 22203 USA; or by fax, 703-358-2276; or by e-mail, Scientificauthority@fws.gov. Comments and
supporting information will be available for public inspection, by
appointment, from 8 a.m. to 4 p.m. at the above address.
To request copies of the regulations regarding listed wildlife or
inquire about prohibitions or permits, write to: Division of Management
Authority, 4401 North Fairfax Drive, Room 700, Arlington, VA 22203 USA.
Alternatively, you may contact us by telephone, 703-358-2104 or toll
free at 1-800-358-2104; or by fax, 703-358-2276; or by e-mail, Managementauthority@fws.gov.
FOR FURTHER INFORMATION CONTACT: Eleanora Babij at the above address;
or by telephone, 703-358-1708; or by fax, 703-358-2276; or by e-mail, Scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973 (Act), as
amended (16 U.S.C. 1531 et seq.), requires the U.S. Fish and Wildlife
Service (Service) to make a finding on whether a petition to list,
delist, or reclassify a species has presented substantial information
indicating that the requested action may be warranted. To the maximum
extent practicable, the finding shall be made within 90 days following
receipt of the petition (this finding is referred to as the ``90-day
finding'') and published promptly in the Federal Register. If the 90-
day finding is positive (i.e., the petition has presented substantial
information indicating that the requested action may be warranted),
Section 4(b)(3)(A) of the Act requires the Service to commence a status
review of the species if one has not already been initiated under the
Service's internal candidate assessment process. In addition, Section
4(b)(3)(B) of the Act also requires the Service to make a finding
within 12 months following receipt of the petition on whether the
requested action is warranted, not warranted, or warranted but
precluded by higher priority listing actions (this finding is referred
to as the ``12-month finding''). The 12-month finding is also to be
published promptly in the Federal Register.
Natural History
The Tibetan antelope (Pantholops hodgsonii sensu Wilson and Reeder
1993) is a medium-sized bovid endemic to the Tibetan Plateau in China
(Tibet Autonomous Region, Xinjiang/Uygur
[[Page 57647]]
Autonomous Region, and Qinghai Province) and small portions of India
(Ladakh) and western Nepal (although there is no evidence that they
still occur in Nepal). The Tibetan antelope is also known by its
Tibetan name ``chiru.'' These two common names will be used
interchangeably in this document.
Adult males are characterized by long, slender, antelope-like black
horns. Although the Tibetan antelope has been placed in the subfamily
Antilopinae, recent morphological and molecular research indicates that
it is most closely allied to the goats and other members of the
subfamily Caprinae (Gentry 1992, Gatesy et al. 1992, both cited in
Ginsberg et al.1999). The species is uniquely adapted to the high
elevation and cold, dry climate of the Tibetan Plateau (Schaller 1998).
The sexes segregate almost completely during the spring and early
summer (May and June), when adult females and their female young
migrate north to certain calving grounds and return south by late July
or early August, covering distances as far as 300 kilometers (km) each
way (Schaller 1998). Seasonal migrations constitute a critical aspect
of the chiru's ecology and help define the ecosystem as a whole.
Previous Federal Action
On October 6, 1999, the Service received a petition from the
Wildlife Conservation Society (Joshua R. Ginsberg, Ph.D., Director,
Asia Program, and George B. Schaller, Ph.D., Director of Science) and
the Tibetan Plateau Project of Earth Island Institute (Mr. Justin Lowe,
Director) requesting that the Tibetan antelope (Pantholops hodgsonii)
be listed as endangered throughout its entire range. The petition was
actually dated October 7, 1999, but was received via e-mail the
previous day.
On April 14, 2000, the Service made a positive 90-day finding on
the Wildlife Conservation Society/Tibetan Plateau Project petition
(i.e., the Service found that the petition presented substantial
information indicating that the requested action may be warranted).
That finding was published in the Federal Register on April 25, 2000
(65 FR 24171), thereby initiating a public comment period and status
review for the species. The public comment period remained open until
June 26, 2000. We received 272 comments during the public comment
period, including 1 from a range country government (People's Republic
of China), 4 from non-governmental conservation organizations, 41
(letters) from individuals, 86 (postcards) from individuals, and 1
letter-petition signed by 140 individuals. All comments fully supported
an endangered listing for the Tibetan antelope, although only five
comments provided any new information on the status of or threats to
the species. Particularly important among these was the letter from Mr.
Zhen Rende, Director General of the CITES Management Authority of
China, in which he expressed strong support for an endangered listing
for the Tibetan antelope under the ESA.
In our 90-day finding, we stated that we had used all relevant
literature and information available at that time (April 2000) on
current status of and threats to the Tibetan antelope. Since then, a
limited amount of relevant new information has become available as a
result of the status review and public comment period. That information
has been incorporated, as appropriate, in this 12-month finding.
Summary of Factors Affecting the Species
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 the procedures for adding species to the Federal lists.
A species may be determined to be an endangered or threatened species
on the basis of one or more of the five factors described in section
4(a)(1). These factors and their application to the Tibetan antelope
are as follows:
A. Present or Threatened Destruction, Modification, or Curtailment of
its Habitat or Range
Tibetan antelope are endemic to the high Tibetan Plateau. Most of
their range lies above 4,000 meters (m) in elevation, but they occur at
elevations as low as 3,250 m in parts of Xinjiang (Schaller 1998). They
prefer flat to rolling topography and alpine steppe or similar semiarid
plant associations (Schaller 1998). They occasionally occur in alpine
desert steppe habitats, at least on a seasonal basis, but are not known
to have occurred in Qinghai's Qaidam Basin (Schaller 1998). They do not
occur in alpine meadow areas receiving greater than 400 millimeters
(mm) annual precipitation (Schaller 1998).
Although the current east-west distribution of chiru appears much
as it was described a century ago by Bower (1894, cited in Schaller
1998), that distribution is now fragmented where previously it was
continuous. Schaller (1998) determined that chiru no longer occur, or
occur in low numbers, in several areas where early explorers noted them
to be abundant. The current range is divided into two areas: A northern
one of about 490,000 square kilometers (km2) and a central one of about
115,000 km2. Distribution between the two areas was continuous until
recent decades, and there may still be rare contact near the western
end. However, current chiru populations in the central Chang Tang of
the Tibet Autonomous Region are highly fragmented and occur in small,
scattered herds. The range has also contracted in eastern Qinghai
Province (Schaller 1998).
Changes in Chinese government policy have led to increasing human
development and activity on the Tibetan Plateau, including
transportation development (roads and railways), resource extraction
activities (minerals, oil, and gas), permanent settlement of
traditionally nomadic or semi-nomadic pastoralists, and rangeland use
for domestic livestock grazing (Ginsberg et al. 1999). These activities
have already adversely modified or destroyed Tibetan antelope habitat
in some areas and threaten to modify or destroy habitat over a large
area in the near future.
Nomadic and semi-nomadic pastoralists have grazed a mix of domestic
livestock (primarily sheep, goats, yaks, and some horses) on the
Tibetan Plateau for millennia in relative harmony with the environment
(Miller 2000, 2002). These livestock can directly and indirectly
compete with Tibetan antelope for available vegetation resources, both
within and outside established protected areas (Schaller 1998, Ginsberg
et al. 1999). In recent decades, as a result of government policy
changes, excessive livestock grazing has degraded or destroyed chiru
habitat in some areas, and could eventually lead to the destruction of
some portion of the species' range through physical displacement and/or
overgrazing, which may contribute to desertification (Ginsberg et al.
1999, Miller 2001). Recent changes in Chinese Government policy have
resulted in an attempt to permanently settle many Tibetan pastoralists,
with a resultant proliferation of rangeland fencing on portions of the
Plateau (Miller 2000, Los Angeles Times 2002). Livestock frequently
graze year-round in antelope habitat, and increasingly, nomads are
fencing for winter-spring grazing and fodder production, thereby
excluding chiru from the fenced grassland resources. Tibetan antelope
need open range to survive (Miller and Schaller 1997). Enclosure and
conversion of grasslands disrupt antelope habitat, posing a particular
threat in the spring, when weakened chiru are attempting to rebuild
their energy reserves, and in the
[[Page 57648]]
fall, as antelope are preparing for the harsh winter.
The Tibetan Plateau has extensive gold deposits. Gold mining can
have significant impacts on chiru habitat and lead to increased
poaching. Mining degrades or destroys chiru habitat through
environmental contamination and disturbance, and through pollution of
surface waters [U.S. Embassy, China (USEC) 1996]. Illegal mining
activity also opens another avenue for profiting from poaching (USEC
1996). Bleisch (1999) noted that illegal gold mining camps in the Arjin
Shan Reserve in Xinjiang have served as bases for poachers and have
provided them with essential logistical support and access. Without
this support, poachers would have a difficult time operating in these
remote regions. As a result, ``poaching has already had a profound
impact on the chiru population of the reserve. Several areas where
calving females formerly congregated are now empty of chiru during the
calving season'' (Bleisch 1999). In 2002, Rick Ridgeway and Galen
Rowell spent 2 weeks on foot locating an unknown calving ground in the
western Chang Tang only to discover that its location was less than 2
days' overland drive from a new gold mine that had sprung up in the
previous few months (Ridgeway 2003). They wrote:
That same dirt road [a 60-mile dirt road built by miners in the
previous 3 months] gives us an easy way home, as we cart toward our
waiting vehicle. But it could also give poachers easy access to the
calving grounds. From the mine we estimate a four-wheel-drive
vehicle could make it cross-country in 2 days.... With the chiru's
calving grounds suddenly vulnerable, we feel a new urgency to report
our findings.
Governments may periodically enforce mining bans in sensitive areas,
and have done so in Tibet, but in general it is difficult to control
illegal miners over extensive areas of remote lands with poor road
access. Tibet has reserves of many other valuable minerals, among them
uranium, copper, and cesium, and mining of these minerals may also
impact chiru habitat and lead to poaching.
Oil exploration and some production have commenced within the
chiru's range, and pose threats of destroying habitat; polluting the
environment with toxic production chemicals, effluents, and emissions;
increasing disturbance levels; and increasing the incidence of poaching
by drawing additional settlers into the region (Ginsberg et al. 1999).
In 2001, Chinese researchers announced the discovery of a potentially
huge oil and gas deposit, extending over 100 km in length, in the
Qiangtang Basin of the Tibet Autonomous Region (Global Policy Forum
2001). The deposit could potentially produce hundreds of millions of
tons of oil.
Construction of the Qinghai-Tibet Railway, currently in progress,
threatens to destroy important Tibetan antelope habitat, and, perhaps
more importantly, significantly disrupt chiru migration corridors in
southwestern Qinghai Province. One news service report mentioned that
construction on the railway, the first to link the Tibet Autonomous
Region with the rest of China, was temporarily suspended in June 2002
because up to 1,000 migrating chiru were unable to cross the
construction area (People's Daily 2002, Xinhuanet 2002a). All activity
was stopped and construction workers removed from the area until these
animals had passed the construction site. Although the news service
report mentioned that ``a passage specially for animals will be set
aside when the railway is built, so as to ensure the free migration for
wildlife in the locality,'' it is not certain how successful such a
passage would be in ensuring freedom of movement for thousands of
migrating chiru.
Three contiguous protected areas have been established to protect
Tibetan antelope populations and habitat in western China: Chang Tang
Nature Reserve (approximately 334,000 km2 in the Tibet
Autonomous Region), Kekexili (aka Kokoxili or Hoh Xil) National Reserve
(approximately 45,000 km2 in Qinghai Province), and Arjin
Shan Reserve (45,000 km2 in Xinjiang Province). A fourth
protected area, Xianza Reserve (40,000 km2 in the Tibet
Autonomous Region), also includes some chiru habitat. These reserves
are only partially effective in protecting the chiru and its habitat
due to a combination of inadequate management, limited enforcement
capacity, an influx of settlers, and domestic livestock grazing
[International Fund for Animal Welfare/Wildlife Trust of India (IFAW/
WTI) 2001]. Miller (1997) has noted that, while many of the protected
areas in the Tibetan Plateau region encompass high-elevation
rangelands, protected areas at lower grassland elevations are scarce.
It has been difficult for reserve staffs to keep poachers and illegal
gold miners out, a fact that prompted the Qinghai Provincial Government
in late 1999 to close the Kekexili Reserve to all activities that were
not expressly authorized in advance by the State Forestry
Administration (SFA) (China Daily 1999).
The Chang Tang Reserve staff lacks the funding, experience,
personnel, and equipment to adequately prevent chiru poaching and other
threats to the species (SFA 1998). Formerly nomadic pastoralists are
establishing settlements within the Chang Tang Reserve, and immigrants
from other parts of the Plateau are moving into protected areas.
Increased human presence, whether temporary nomadic aggregations or
permanent human settlements, can adversely affect Tibetan antelope
habitat and be a detrimental disturbance factor.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
There are no accurate estimates of Tibetan antelope numbers from
the past, although the few early western explorers who ventured onto
the Tibetan Plateau noted the presence of large herds in many areas
(Schaller 1998). For example, Rawling (1905, cited in Schaller 1998)
noted: ``Almost from my feet away to the north and east, as far as the
eye could reach, were thousands upon thousands of doe antelope with
their young * * *. Everyone in camp turned out to see this beautiful
sight, and tried, with varying results, to estimate the number of
animals in view. This was found very difficult * * * as we could see in
the extreme distance a continuous stream of fresh herds steadily
approaching; there could not have been less than 15,000 or 20,000
visible at one time.'' Bonvalot (1892), Wellby (1898), Deasy (1901),
and Hedin (1903, 1922) made similar observations (all references cited
in Schaller 1998). Schaller (1999) has suggested that upwards of 1
million Tibetan antelope roamed the Tibetan Plateau as recently as 40
to 50 years ago. Historical population estimates of 500,000 to
1,000,000 appear to be reasonable based on the limited information
available.
Although data on the current population dynamics of chiru are
fragmentary and preliminary (Schaller 1998), it is clear that the total
population has declined drastically in the past 30 years and is
continuing to decline at an alarming rate. Schaller (1998) estimated
that the total population in the mid-1990s may have been as low as
65,000-75,000 individuals. More recent estimates from China quote a
population figure of 70,000, although the scientific basis for the
estimate is not given (Xinhuanet 2002b). If one assumes that the
historical population of chiru was 500,000 individuals (an apparently
conservative estimate), then the most recent estimate of 70,000
represents a population decline of greater than 85 percent.
[[Page 57649]]
The principal cause of the Tibetan antelope population decline has
been poaching on a massive scale for the species' fur (wool), known in
trade as shahtoosh (``king of wool''), which is one of the finest
animal fibers known (Ginsberg et al. 1999). Shahtoosh is processed into
high-fashion scarves and shawls in the Indian State of Jammu and
Kashmir; these items are greatly valued by certain people of wealth and
fashion around the world. The international demand for chiru fiber and
shahtoosh products is the most serious threat to the continued
existence of the Tibetan antelope. Although overall mortality rates are
not known, poaching mortality was estimated to be as high as 20,000
individuals per year (SFA 1998). Poaching appears to have declined in
some areas in recent years (Xinhuanet 2002a), most likely because there
are not enough animals to warrant an organized poaching effort. But
Chinese officials acknowledge that ``poaching is still far from being
eradicated in China.'' (Xinhuanet 2002c). Annual recruitment of young
has been estimated at around 12 percent (Schaller 1998). If one assumes
that the total population of chiru is 70,000 individuals and that the
population is currently declining at a rate of 1,000-3,500 individuals
per year (admittedly a rough estimate, given available data), then the
species could go extinct within the next 20 to 70 years. The species'
role as the dominant native grazing herbivore of the Tibetan Plateau
ecosystem has already been significantly diminished, and its influence
on ecosystem structure and function would likely be substantially
reduced or eliminated well before the species actually goes extinct.
Although the shahtoosh trade has existed for centuries, killing of
Tibetan antelope on a widespread, commercial basis probably began only
in the 1970s or 1980s, resulting from an increase in international
consumer demand and increased availability of vehicles on the Tibetan
Plateau. Schaller and Gu (1994) noted that, with the increasing
availability of vehicles beginning three decades ago, ``truck drivers,
officials, military personnel and other outsiders also began to shoot
wildlife * * *.'' Most chiru poaching takes place in the Arjin Shan,
Chang Tang, and Kekexili Nature Reserves by a variety of hunters,
including local herders, residents, officials, military personnel, gold
miners, and truck drivers (Schaller 1993, Schaller and Gu 1994).
Organized, large-scale poaching rings have developed in some areas.
Poachers always kill Tibetan antelope to collect their fiber. No cases
of capture-and-release wool collection are known, nor is naturally shed
fiber collected from shrubs and grass tufts, as is often claimed
(primarily by people within the shahtoosh industry). Poachers shear the
hides, and collect and clean the under-fur of the antelope, or sell the
hides to dealers who prepare the shahtoosh (Wright and Kumar 1997).
Schaller speculated that, during the 1980s and 1990s, tens of
thousands of chiru were killed for their wool (Ginsberg et al. 1999).
One chiru carcass yields about 125-150 grams (gm) of fiber. In the
winter of 1992, an estimated 2,000 kilograms (kg) of wool reached
India, and consignments of 600 kg were seized (and released) in India
during 1993 and 1994 (Bagla 1995, cited in Ginsberg et al. 1999). This
amount alone represents 17,000 chiru. In October 1998, 14 poachers in
the Tibet Autonomous Region were convicted of collectively killing 500
chiru and purchasing 212 hides, and were sentenced to 3 to 13 years
imprisonment (Xinhua 1998, cited in Ginsberg et al. 1999). The largest
enforcement action to date within China, involving several
jurisdictions and dubbed the ``Hoh Xil Number One Action'' by Chinese
authorities, resulted in the arrest of 66 poachers and the confiscation
of 1,658 chiru hides in April and May 1999 (Liu 1999, cited in Ginsberg
et al. 1999). The IFAW/WTI (2001) report lists 77 known seizures of
chiru hides, raw shahtoosh, and finished shahtoosh scarves. Recent
documented seizures have been of 39 kg of raw fiber in March 2001 along
the Tibet-Nepal border (IFAW/WTI 2001) and 80 shahtoosh shawls in New
Delhi in March 2002 [Wildlife Protection Society of India (WPSI) News
2002]. Most recently, a consignment of 211 kg of raw shahtoosh was
seized by wildlife officials in Delhi in early April 2003 (A. Kumar,
WTI, pers. comm. with K. Johnson, Division of Scientific Authority,
April 6, 2003). This quantity of raw wool represents the killing of
almost 1,800 chiru.
Shahtoosh is smuggled out of China by truck or animal caravan,
through Nepal or India, and into the State of Jammu and Kashmir in
India. This is in violation of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) as well as domestic
laws of the countries involved. The shahtoosh industry in the Srinagar
region of Jammu and Kashmir is controlled by a wealthy, influential
group of 12 to 20 families (Wright and Kumar 1997). There are about 100
to 120 family-run manufacturing operations that employ upwards of
20,000 people who prepare, weave, and finish the raw shahtoosh into
scarves and shawls (IFAW/WTI 2001). The scarves are sold throughout
India and smuggled abroad in violation of Indian law, CITES, and
domestic legislation in many of the importing countries (Wright and
Kumar 1997). Shahtoosh products have been made in Jammu and Kashmir for
centuries, but the current high levels of poaching are a result of
consumer demand in the West, including the United States.
Chiru are also killed for their horns (used in traditional
medicinal practices), hides, and meat (Ginsberg et al. 1999), although
these uses are secondary to the use of fiber.
C. Disease or Predation
Schaller (1998) documented Tibetan antelope mortality caused by
disease and predators such as the wolf (Canis lupus), snow leopard
(Uncia uncia), lynx (Lynx lynx), brown bear (Ursus arctos), and
domestic dog (Canis familiaris). He suggested that wolf predation may
at one time have been a substantial mortality factor for chiru,
particularly on the calving grounds. At the present time, neither
disease nor predation is considered to threaten or endanger the species
in any portion of its range. However, one or both of these factors may
become more significant as populations decline and become increasingly
fragmented because of other mortality factors.
D. Inadequacy of Existing Regulatory Mechanisms
The Tibetan antelope was listed in Appendix II of CITES in 1975; it
was transferred to Appendix I in 1979. All three countries that
comprise the species' natural geographic range--China, Nepal, and
India--are CITES Parties. The only reservation ever held on the species
was taken by Switzerland in 1979 and withdrawn in October 1998. The
Tibetan antelope is protected at a national level by China, Nepal, and
India.
In China, the chiru is a Class 1 protected species under the Law of
the People's Republic of China on the Protection of Wildlife (1989),
which prohibits all killing except by special permit from the central
government. Although China has expended considerable effort and
resources in an attempt to control poaching, it has been unable to do
so (SFA 1998) because of the magnitude of the poaching, the extensive
geographic areas involved, and the high value of shahtoosh, which gives
poachers great incentive to continue their illegal activities. On
several occasions, China has appealed to other governments and
organizations to eliminate the demand for and
[[Page 57650]]
production of shahtoosh products, most recently at the 1999
International Workshop on Conservation and Control of Trade in Tibetan
Antelope held in Xining, China, in October 1999 and in a Resolution
adopted at the 11th Meeting of the Conference of the Parties to CITES
in Kenya in April 2000 (Resolution Conf. 11.8). China re-iterated its
commitment to Tibetan antelope conservation at the 12th Meeting of the
Conference of the Parties to CITES in Santiago, Chile, in November 2002
(Resolution Conf. 11.8 Rev. COP12 and Decision 12.40).
In Nepal, the chiru is listed as an endangered species under
Schedule I of Nepal's National Parks and Wildlife Conservation Act
(1973) (Wright and Kumar 1997). Smugglers use Nepal as a transit route
from China to India (Government of Nepal 1999), and recent
investigations by WWF Nepal Program and TRAFFIC India have documented
the routes used. Although Nepal has made some effort to stop the
illegal trade, including the confiscation of several shahtoosh
shipments, it has been unable to eliminate or control the trade. This
has, in part, resulted from the lack of CITES-implementing legislation
at a national level (Government of Nepal 1999). In its national report
to the International Workshop on Conservation and Control of Trade in
Tibetan Antelope in October 1999, the Government of Nepal indicated
that it had recently prepared CITES-implementing legislation, which was
awaiting approval by the Government (Government of Nepal 1999). That
legislation apparently had not yet been enacted as of the 46th Meeting
of the CITES Standing Committee (SC) in March 2002 (SC46 Doc. 11.1).
In India, the chiru is listed on Schedule I of the Wildlife
Protection Act (1972), which prohibits hunting and trade in any part of
the species (Wright and Kumar 1997). The northern Indian State of Jammu
and Kashmir has a separate wildlife act, The Jammu and Kashmir Wild
Life Protection Act (1978) (J&K Act), which is independent of national
law. Chiru are listed on Schedule II of the J&K Act. Trade in Schedule
II species, including shahtoosh, is permitted under certain conditions.
The J&K Act specifies that state permission is required to possess
Schedule II wildlife products, that unlicensed dealers are prohibited
from selling these products, and that licensed dealers are required to
report to the government any import of Schedule II animal products
(Ginsberg et al. 1999). Despite the fact that no shahtoosh dealers have
ever been licensed (Government of India 1999), the production and sale
of shahtoosh shawls and other products have continued in Jammu and
Kashmir. On May 1, 2000, in response to public interest litigation
filed by the Wildlife Protection Society of India (WPSI), the High
Court of Jammu and Kashmir ruled that the shahtoosh trade was in
violation of the J&K Act, CITES, and India's Export-Import Policy
(IFAW/WTI 2001). The Government of Jammu and Kashmir set about to bring
its law into compliance with national legislation and CITES, but that
has not yet been completed, and the shahtoosh trade has continued. In
May 2001, WPSI and WTI filed a contempt of court petition against the
Jammu and Kashmir Government.
Sale of shahtoosh shawls occurs elsewhere in India as well,
although prohibited by national law. And, despite the fact that CITES
and India's Customs Law prohibit the commercial import and export of
shahtoosh and shahtoosh products, raw shahtoosh fiber still enters
India and finished products still leave. Indian authorities have made a
number of seizures of raw fiber and finished products over the years
(Wright and Kumar 1997, Government of India 1999), but, because of the
conflict with Jammu and Kashmir, have been unable to end the production
of shahtoosh products.
In the United States, the Appendix-I listing for the Tibetan
antelope has not been adequate to control the import and sale of
shahtoosh products. Although several investigations have revealed a
market for shahtoosh products in the United States, the first
successful prosecution was in 2001. On May 29, 2001, a Los Angeles-
based clothier agreed to pay a $175,000 civil settlement for importing
and selling shahtoosh shawls in violation of the ESA and the Lacey Act
(Press Release from the U.S. Attorney's Office, District of New Jersey,
dated May 29, 2001).
CITES provisions of the Endangered Species Act prohibit engaging in
trade contrary to CITES and the possession of any specimen traded
contrary to CITES. Thus, once a shahtoosh shawl is successfully
smuggled into the United States, enforcement officers must prove the
unlawful import in order to seize that shawl. Listing the Tibetan
antelope under the Act would prohibit the sale or offering for sale of
shahtoosh products in interstate or foreign commerce. This would give
U. S. prosecutors additional means of fighting shahtoosh smuggling and
the illegal market within the United States.
E. Other Natural or Manmade Factors
Tibetan antelope are known to have died from exposure and
malnutrition associated with severe winter weather (Schaller 1998). A
blizzard in Qinghai Province killed a disproportionate number of young
and yearlings, and resulted in reproductive failure in the following
year.
Summary of Findings
The Service has reviewed the information presented in the original
petition, the literature cited in that petition, all public comments
received, and other available literature and information. On the basis
of the best scientific and commercial information available, the
Service's 12-month finding is that the petitioned action is warranted.
The best available information indicates that the total population of
Tibetan antelope has declined drastically over the past three decades.
This decline has resulted primarily from overutilization for commercial
purposes and the inadequacy of existing regulatory mechanisms. Habitat
impacts, especially those caused by domestic livestock grazing, appear
to be a contributory factor in the decline, and could have potentially
greater impacts in the near future. Accordingly, we herein propose to
list the Tibetan antelope as endangered throughout its range, pursuant
to the Endangered Species Act of 1973, as amended. Public comments on
this proposed rule will be solicited, as will peer review (see
subsequent sections of this Federal Register document).
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing results in
public awareness, and encourages and results in conservation actions by
Federal and State governments, 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
the impact of their actions within the United States or on the high
seas on any species that is proposed or listed as endangered or
threatened, and on critical habitat of an endangered or threatened
species, if any is designated. Because the Tibetan antelope is not
native to the United States, we are not proposing to designate critical
habitat
[[Page 57651]]
for the species, in accordance with 50 CFR 424.12(h). With respect to
the Tibetan antelope, no Federal activities, other than the issuance of
CITES import and export permits, are currently required. Listing of the
Tibetan antelope as endangered under the Act would require the issuance
of ESA import and export permits by the Service's Division of
Management Authority (DMA), and consequently a consultation with the
Service's Division of Scientific Authority (DSA) under Section 7 of the
Act prior to the issuance of any permit.
The Act and its implementing regulations set forth a series of
prohibitions and exceptions that generally apply to all endangered
wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these), 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 employees or
agents of the Service, and State conservation agencies. The interstate
commerce prohibitions will be especially useful to the Service's
efforts to curtail any illegal shahtoosh trade within the United
States.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.22 and 17.23.
Such permits are available for scientific research purposes, for
enhancement of the propagation or survival of the species, and/or for
incidental take in the course of otherwise lawful activities. Because
the Tibetan antelope is listed in Appendix I of CITES, a CITES permit
is already required for import to or export from the United States.
Under this rulemaking, an ESA permit would also be required for import
or export of Tibetan antelopes to the United States. Prior to issuance
of a permit, DMA would need to consult with DSA under Section 7 of the
Act, as well as make its own determination that the application
satisfies the permit-issuance criteria (i.e., research or enhancement
of propagation or survival).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be based on the most accurate and up-to-date information
possible. Therefore, comments or suggestions from the public, other
concerned governmental agencies, the scientific community, industry, or
any other interested party concerning this proposed rule are hereby
solicited. Comments particularly are sought concerning biological,
commercial trade, or other relevant data concerning any threat to this
species. Final action on this proposed rule will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final action that
differs from this proposal.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Commenters may request that we withhold their home
addresses, and we will honor these requests to the extent allowable by
law. In some circumstances, we may also withhold a commenter's
identity, as allowable by law. If you wish us to withhold your name or
address, you must state this request prominently at the beginning of
your comment. However, we will not consider anonymous comments. To the
extent consistent with applicable law, we will make all submissions
from organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public comment in their entirety. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at the above address.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days of the date of the publication of this proposal in the Federal
Register. Such requests must be made in writing and be addressed to:
Chief, Division of Scientific Authority, 4401 North Fairfax Drive, Room
750, Arlington, Virginia 22203.
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we will seek expert opinions of at least three appropriate
independent specialists regarding this proposed rule. The purpose of
such review is to ensure that listing decisions are based on
scientifically sound data, assumptions, and analysis. We will send
copies of this proposed rule immediately following publication in the
Federal Register to these peer reviewers.
National Environmental Policy Act
We have determined that Environmental Assessments and Environmental
Impact Statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended.
Paperwork Reduction Act of 1995
This rule contains no new information collection requirements under
the Paperwork Reduction Act of 1995. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB Control Number.
References Cited
Bagla, P. 1995. Sustainable tigers? BBC Wildlife 15(5): 55.
Bleisch, W. 1999. Pers. Comm. to the Tibetan Plateau Project via e-
mail.
Bonvalot, G. 1892. Across Tibet. Cassell, New York.
Bower, H. 1894. Diary of a journey across Tibet. Macmillan, New
York.
China Daily. 1999. Qinghai closes nature reserve. December 30, 1999.
Deasy, H. 1901. In Tibet and Chinese Turkestan. Longmans Green, New
York.
Gatesy, J., D. Yelon, R. DeSalle, and E. Vrba. 1992. Phylogeny of
the Bovidae (Artiodactyla, Mammalia), based on mitochondrial
ribosomal DNA sequence. Mol. Biol. Evol. 9: 433-446.
Gentry, A. 1992. The subfamilies and tribes of the family Bovidae.
Mammal Review 22: 1-32.
Ginsberg, J. R., G. B. Schaller, and J. Lowe. 1999. Petition to list
the Tibetan antelope (Pantholops hodgsonii) as an endangered species
pursuant to the U.S. Endangered Species Act of 1973. Wildlife
Conservation Society and Tibetan Plateau Project.
Global Policy Forum. 2001. Potentially massive oil and gas find in
Tibet. September 5, 2001. (http://www.globalpolicy.org/security/natres/oil/China/2001/0905disc.htm
)
Government of India. 1999. Chiru and shahtoosh. Paper presented by
S.C. Sharma at 1999 International Workshop on Conservation and
Control of Trade in Tibetan Antelope, Xining, China. October 1999.
Government of Nepal. 1999. Some facts, problems and working
strategies of shahtoosh trade in Nepal. Paper presented by T. Maskey
at 1999 International Workshop on Conservation and Control of Trade
in Tibetan Antelope, Xining, China. October 1999.
Hedin, S. 1903. Central Asia and Tibet. 2 vols. Hurst and Blackett,
London.
Hedin, S. [1922]. 1991. Southern Tibet. Vols. 3 and 4. Reprinted by
B. R. Publ. Corp., Delhi.
[[Page 57652]]
IFAW/WTI (International Fund for Animal Welfare and Wildlife Trust
of India). 2001. Wrap up the trade: An international campaign to
save the endangered Tibetan antelope. 79 pp.
Liu, J. 1999. China resolves to end chiru poaching. China Daily,
June 30, 1999.
Los Angeles Times. 2002. Progress hems in nomadic herders of Tibet.
August 10, 2002.
Miller, D. J. 1997. A photo essay of Himalayan and Tibetan
pastoralism. In: Rangelands and pastoral development in the Hindu
Kush-Himalayas. International Centre for Integrated Mountain
Development, Kathmandu.
Miller, D. J. 2000. Tough times for Tibetan nomads in Western China:
Snowstorms, settling down, fences, and the demise of traditional
nomadic pastoralism. Nomadic Peoples 4(1): 83-109.
Miller, D. J. 2001. Poverty among Tibetan nomads in western China:
Profiles of poverty and strategies for poverty reduction. Paper
prepared for Tibet Development Symposium, May 4-6, 2001, Brandeis
University.
Miller, D. J. 2002. The importance of China's nomads. Rangelands
24(1): 22-24.
Miller, D. J., and G. B. Schaller. 1997. Conservation threats to the
Chang Tang wildlife reserve, Tibet. Ambio 26(3).
People's Daily. 2002. Railway construction makes way for rare
antelope. August 7, 2002.
Rawling, C. 1905. The great plateau. Edward Arnold, London.
Ridgeway, R. 2003. 275 miles on foot through the remote Chang Tang.
National Geographic Magazine 203: 104-125.
Schaller, G. B. 1993. In a high and sacred realm. National
Geographic Magazine 184.
Schaller, G. B. 1998. Wildlife of the Tibetan steppe. The University
of Chicago Press, Chicago. 373 pp.
Schaller, G. B. 1999. Natural history of Tibetan antelope. Paper
presented by G.B. Schaller at 1999 International Workshop on
Conservation and Control of Trade in Tibetan Antelope, Xining,
China. October 1999.
Schaller, G. B. and B. Gu. 1994. Comparative ecology of ungulates in
the Aru Basin of northwest Tibet. National Geographic Research and
Exploration 10: 266-293.
SFA (State Forestry Administration). 1998. Conservation status of
the Tibet antelope. China State Forestry Administration. December
1998. 4 pp.
USEC (United States Embassy China). 1996. Gold mining in China:
Taming the wild west. USEC Web site (http://www.usembassy-china.org.cn/english/sandt/goldw.htm
).
Wilson, D. E., and D. M. Reeder. 1993. Mammal species of the world:
A taxonomic and geographic reference. 2nd ed. Smithsonian
Institution Press, Washington, DC 1206 pp.
WPSI News (Wildlife Protection Society of India). 2002. 80 shahtoosh
shawls seized in Delhi. March 18, 2002.
Wright, B. and A. Kumar. 1997. Fashioned for extinction: An expose
of the shahtoosh trade. Wildlife Protection Society of India, New
Delhi. 48 pp.
Xinhua. 1998. Tibet punishes poachers. October 28, 1998.
Xinhuanet. 2002a. Railway suspended for Tibetan antelope migration.
June 26, 2002.
Xinhuanet. 2002b. China curbs poaching of Tibetan antelopes. October
29, 2002.
Xinhuanet. 2002c. Extinction of Tibetan antelopes ``very possible''
if poaching persists: expert. August 19, 2002.
Zhen, R. 2000. For future of [the] Tibetan antelope: Proceedings of
the 1999 International Workshop on Conservation and Control of Trade
in Tibetan Antelope held in Xining, China in October, 1999. 147 pp.
Author
The primary author of this proposed rule is Dr. Kurt A. Johnson,
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Room 750, Arlington, Virginia 22203.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we hereby propose to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17-- [AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under MAMMALS, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Antelope, Tibetan (Chiru)........ Pantholops hodgsonii China, India, Nepal Entire............. E ........... NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: August 21, 2003.
Marshall P. Jones,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 03-25207 Filed 10-3-03; 8:45 am]
BILLING CODE 4310-55-P