Guys,

Below is the full response (given in PDF form) of what I received in reply to my inquiry to the USFWS regarding the recent CITES scare. Not sure it addresses why they're doing it, but this is what I've got at the moment:


February 24, 2012
Subject: Import of Sport-hunted Trophies Subject to Quotas, Tagging and Marking

Background: The U.S. Fish and Wildlife Service (Service) is aware of confusion and miscommunication
regarding the import of sport-hunted trophies that are subject to quotas under the Convention on
International Trade in Endangered Species of Fauna and Flora (CITES). The Service wishes to remind
the trade that under U.S. CITES regulations at 50 CFR Part 23, CITES specimens must be appropriately
marked and be accompanied by valid original CITES documents. These CITES regulations, revised in
2007, incorporate CITES resolutions affecting international trade in sport-hunted trophies and are not new
requirements. In addition, the special rule for the African elephant under the Endangered Species Act
provides for CITES marking requirements. The Service has encountered problems with CITES
specimens subject to quotas and marking including leopard, Nile crocodile and African elephant.

Leopard tagging requirements for skins and mounted sport-hunted trophies:
 Each raw or tanned skin must have a self-locking tag inserted through the skin and permanently
locked in place using the locking mechanism of the tag. The tag must indicate the country of
origin, the number of the specimen in relation to the annual quota, and the calendar year in which
the specimen was taken in the wild.
 A mounted sport-hunted trophy must be accompanied by the tag from the skin used to make the
mount.

African elephant tusk marking requirements:
 The trophy (tusks) must be legibly marked by means of punch dies including: Country of origin
using ISO codes followed by the last two digits of the year of registration and the weight of raw
ivory to the nearest kilogram. Any mark must be placed on the lip mark area and indicated by a
flash of color which serves as a background for such mark.

Nile crocodile tagging requirements for skins and mounted sport-hunted trophies:
 Each raw or tanned skin must have a non-reusable tag inserted through the skin and locked in
place using the locking mechanism of the tag. The tag must be permanently stamped with the
two-letter ISO code for the country of origin, a unique serial number, a standardized species code,
and the year of production or harvest.
 A mounted sport-hunted trophy must be accompanied by the tag from the skin used to make the
mount.


The tag information or tusk marking as noted above must be recorded on the accompanying CITES
document. This information is generally placed in the description block or special conditions block of the
CITES document.

In addition, for leopard and African elephant, the number of the specimen to be exported in relation to the
current year quota must be shown on the CITES export document (in block 11 of the CITES standardized
document). If the specimen was harvested and/or registered in a different year than the year in which it
was exported, this information will be different than the information on the CITES tag or tusk marking.
If the permit is issued in a different year than the year of export, this information must reflect the year of
export. Export quota information is not required on CITES re-export certificates.

Action : Sport-hunted trophies imported into the United States that do not comply with the marking,
tagging or CITES document requirements are subject to refusal of entry or seizure.



Contact:
U.S. Fish and Wildlife Service
Office of Law Enforcement
703-358-1949; 703-358-2271 (fax)
lawenforcement@fws.gov (e-mail)


Regards,

Greg

Thanks Greg!!

Greg,

Thank you

So,

Just to be clear - what do I, if anything, need to do?

We took leopard and elephant in November 2011.

I applied for and received my CITES permit for the leopard in 2011 immediately upon returning from Namibia in December 2011. That has all of the correct information based upon the dates, locations, PH, exporter etc. for 2011.

I have notified my PH who has in turn notified the taxidermist who will be doing the exportation of these new requirements.


I use Flora and Fauna for importation.

Do I need to do anything else on this side?

Thanks

quote:

Originally posted by CCMDoc:
Greg,

Thank you

So,

Just to be clear - what do I, if anything, need to do?

We took leopard and elephant in November 2011.

I applied for and received my CITES permit for the leopard in 2011 immediately upon returning from Namibia in December 2011. That has all of the correct information based upon the dates, locations, PH, exporter etc. for 2011.

I have notified my PH who has in turn notified the taxidermist who will be doing the exportation of these new requirements.


I use Flora and Fauna for importation.

Do I need to do anything else on this side?

Thanks

PM me your email address and I can forward you the actual PDF from fish and wildlife. What I would suggest is that you send that form to your outfitter so they know and are aware of Fish and Game's stance on this (if they aren't already). If you can send it to the taxidermist as well all the better.

I can assure you John Meehan at Fauna and Flora is all over this, so you're in good hands on this side.

Thanks!

Greg

Thanks Greg - PM sent.

Paul

Thanks Paul, you have an email waiting from me.

Greg

Please correct me if I am wrong.

In this paragraph it appears that an elephant taken in 2010 and not exported until 2012 will be counted against the 2012 CITIES quota.

quote:

n addition, for leopard and African elephant, the number of the specimen to be exported in relation to the
current year quota must be shown on the CITES export document (in block 11 of the CITES standardized
document). If the specimen was harvested and/or registered in a different year than the year in which it
was exported, this information will be different than the information on the CITES tag or tusk marking.
If the permit is issued in a different year than the year of export, this information must reflect the year of
export. Export quota information is not required on CITES re-export certificates.

Greg,

Problems getting trophies out of Zambia?

Jeff

quote:

Originally posted by Dulcinea:
Please correct me if I am wrong.

In this paragraph it appears that an elephant taken in 2010 and not exported until 2012 will be counted against the 2012 CITIES quota.

quote:

n addition, for leopard and African elephant, the number of the specimen to be exported in relation to the
current year quota must be shown on the CITES export document (in block 11 of the CITES standardized
document). If the specimen was harvested and/or registered in a different year than the year in which it
was exported, this information will be different than the information on the CITES tag or tusk marking.
If the permit is issued in a different year than the year of export, this information must reflect the year of
export. Export quota information is not required on CITES re-export certificates.

I may be wrong but that is the way I read it also. It appears to me the USFWS is applying the quota against the year it is shot and again against the year it is exported.

For example: Say the quota for 2011 and 2012 is 500 each year. You must shoot it as #500 or less in 2011 and then export it as #500 or less in 2012, assuming export in a different year than shot.

That is how I interpreted it as well. And it is completely wrong as it counts a single Elephant as two Ele against the CITES country quotas.

I hope I am wrong. We have an Ele currently being held in Chicago because of this screw-up. Not sure how it's gonna play out but we are trying to keep USF&W from sending it back, along with the Lion and Duiker that are also in the crate!

Our tax $$ at work under the Obama administration.

quote:

Originally posted by Bwana Bunduki:
Greg,

Problems getting trophies out of Zambia?

Jeff

Jeff,

Unfortunately, yes. Zambia, Mozambique and Tanzania are the ones having the most trouble.

The fact that the quota for the year exported has to go on the forms in addition to the quota for the year harvested (should the two years be different), it WILL NOT effect the quota for the year the animal is exported if it was shot in a previous year. The problem is, Tanzania and Zambia are having difficulty with this because they don't really understand what's going on at the moment, so the permits are not filled out accordingly. If you look at the back of a CITES permit, they have "quota for year shot(example 500-1000)" and "quota for year exported (example: 100-1000)" on them, but the countries not exporting them at the moment are the ones not filling the forms out correctly. I don't blame them for the confusion, it's confusing some USFWS guys as well (and everyone else effected by this) but the forms must be filled out that way.

From what I gather, Botswana, RSA, Namibia and Zimbabwe have all sorted this out and trophy shipments are going to continue shortly, but the others are ironing out the details before shipping. Unless these countries just decide to say "screw it", the trophies SHOULD still be exported (I'm only saying should instead of "will be" because I am not the USFWS and don't have final (or any) jurisdiction over importation of trophies).

This is how I've come to understand the situation after speaking with a few contacts at USFWS and some shipping agents who are extremely knowledgeable in this field. It's not the USFWS having trouble with the forms, they just seem to be the only one's currently enforcing the law for incorrectly filled out forms.


Greg

They don't count twice.

Havest quota vs Export quota

Two different things, two different numbers

I undertand that the rule has always been there, it is just now being enforced.

Sucks for all of us that are affected, including me.

quote:

Originally posted by safari-lawyer:
They don't count twice.

Havest quota vs Export quota

Two different things, two different numbers

I undertand that the rule has always been there, it is just now being enforced.

Sucks for all of us that are affected, including me.

Agreed.

I understand what you guys are saying about them not counting for both years. But I think you are giving the officials at the USFWS more credit than they deserve. Should a local officer attempt to interpret it as counting against both, who is going to stop them and set them straight and through what channels? I predict this will be an issue needing further clarification in the future. I just hope no one gets their shipment seized as a result.

What in the hell are punch dies for tusks?

Once again, I agree with Todd. If you believe that the average USF&W officer is gonna understand, interpret and apply this correctly on a 100% basis, you are certainly giving them more credit than I. My limited experience with them has convinced me they are only one step above your average TSA agent, who we all know is an otherwise unemployable government functionary.

Just wait until the Export Quota exceeds the Harvest Quota, which it will eventually, and you will see an immediate meltdown of the system.

quote:

Originally posted by safari-lawyer:
They don't count twice.

Havest quota vs Export quota

Two different things, two different numbers

I undertand that the rule has always been there, it is just now being enforced.

Sucks for all of us that are affected, including me.

Will is correct as I understand it too regarding both the import and the application of the pre-existing rule. I will bet it flows through pretty quickly for you guys.

quote:

Originally posted by jeff h:
What in the hell are punch dies for tusks?

Elephant Ivory are "engraved" with the necessary identifying markings with punch dies. It puts an indention into the tusks, similar to the way an old Notary Seal did on paper.

Mike,

I fear you are correct. We'll see what happens the first time the Export Q exceeds the Harvest Q for a particular year.

Jeff,
They are like a wood or metal punch that you strike with a hammer, but have a number on the end. They are used to permenantly imprint a unique serial number onto the tusks.

i know i sleep better at night knowing the USFWS is doing everything possible to protect the entire planet's endangered species all by itself---NOT!!! and as far as the tagging process, what happens when you import a tanned and tagged hide AND ALSO THE SKULL? generally African countries only tag the hide and not the skull, since the tag has a unique number and they may only have 1 tag for each unique number( ask me how i know about this little problem- hint, i brought home a croc skull and a tanned belly skin from a Moz hunt 2 years ago. BIG PROBLEMA BECAUSE OF THE SINGLE TAG ON THE HIDE ONLY)

Problem here is USFWS did not communicate their new (and unilateral) decision to move the goalposts re. year of harvest/year exported to either Zambia, Mozambique or Tanzania wildlife departments! Talk about arrogant!

Here in Tanzania our Wildlife Division CITES people have written to both Geneva CITES HQ and USFWS asking for clarification and instruction. They are bewildered by this total blindside in the part of USFWS. They do not have a "block 11a" on our CITES forms.

To add to the confusion we have had some leopards and elephants cleared this year no problem in some ports, while in other ports the same species that landed at the same time have been seized.

It is an utter nightmare and is resulting in a huge number of seized trophies. Please all pile onto your local representatives, support John Jackson who is busting a gut to get to the bottom of it, and if you are expecting trophies be sure to communicate with BOTH your outfitter and your clearing agent.

quote:

Originally posted by Greg Brownlee:

quote:

Originally posted by Bwana Bunduki:
Greg,

Problems getting trophies out of Zambia?

Jeff

Jeff,

Unfortunately, yes. Zambia, Mozambique and Tanzania are the ones having the most trouble.

The fact that the quota for the year exported has to go on the forms in addition to the quota for the year harvested (should the two years be different), it WILL NOT effect the quota for the year the animal is exported if it was shot in a previous year. The problem is, Tanzania and Zambia are having difficulty with this because they don't really understand what's going on at the moment, so the permits are not filled out accordingly. If you look at the back of a CITES permit, they have "quota for year shot(example 500-1000)" and "quota for year exported (example: 100-1000)" on them, but the countries not exporting them at the moment are the ones not filling the forms out correctly. I don't blame them for the confusion, it's confusing some USFWS guys as well (and everyone else effected by this) but the forms must be filled out that way.

From what I gather, Botswana, RSA, Namibia and Zimbabwe have all sorted this out and trophy shipments are going to continue shortly, but the others are ironing out the details before shipping. Unless these countries just decide to say "screw it", the trophies SHOULD still be exported (I'm only saying should instead of "will be" because I am not the USFWS and don't have final (or any) jurisdiction over importation of trophies).

This is how I've come to understand the situation after speaking with a few contacts at USFWS and some shipping agents who are extremely knowledgeable in this field. It's not the USFWS having trouble with the forms, they just seem to be the only one's currently enforcing the law for incorrectly filled out forms.


Greg

My stuff is being held up from Zambia also.

Jeff

quote:

Originally posted by Bwana Bunduki:

quote:

Originally posted by Greg Brownlee:

quote:

Originally posted by Bwana Bunduki:
Greg,

Problems getting trophies out of Zambia?

Jeff

Jeff,

Unfortunately, yes. Zambia, Mozambique and Tanzania are the ones having the most trouble.

The fact that the quota for the year exported has to go on the forms in addition to the quota for the year harvested (should the two years be different), it WILL NOT effect the quota for the year the animal is exported if it was shot in a previous year. The problem is, Tanzania and Zambia are having difficulty with this because they don't really understand what's going on at the moment, so the permits are not filled out accordingly. If you look at the back of a CITES permit, they have "quota for year shot(example 500-1000)" and "quota for year exported (example: 100-1000)" on them, but the countries not exporting them at the moment are the ones not filling the forms out correctly. I don't blame them for the confusion, it's confusing some USFWS guys as well (and everyone else effected by this) but the forms must be filled out that way.

From what I gather, Botswana, RSA, Namibia and Zimbabwe have all sorted this out and trophy shipments are going to continue shortly, but the others are ironing out the details before shipping. Unless these countries just decide to say "screw it", the trophies SHOULD still be exported (I'm only saying should instead of "will be" because I am not the USFWS and don't have final (or any) jurisdiction over importation of trophies).

This is how I've come to understand the situation after speaking with a few contacts at USFWS and some shipping agents who are extremely knowledgeable in this field. It's not the USFWS having trouble with the forms, they just seem to be the only one's currently enforcing the law for incorrectly filled out forms.


Greg

My stuff is being held up from Zambia also.

Jeff

Good move Jeff, I know some guys got their Zambian Leopards through customs as recently as Monday, but that's kind of when all this stuff really came to fruition so it's best to hold them until further notice.