21 December 2015, 22:46
KathiFrequently Asked Questions
Final Rule Listing Two Subspecies of Lion
under the Endangered Species Act
About the Decision
What action is the U.S. Fish and Wildlife Service taking?
Following review of the best available scientific and commercial information, the U.S. Fish and
Wildlife (Service) is listing the two subspecies of lion under the Endangered Species Act (ESA),
Panthera leo leo, located in India and western and central Africa, as an endangered species and
Panthera leo melanochaita, located in eastern and southern Africa, as a threatened species.
The Service is also finalizing a rule under section 4(d) of the ESA for P. l. melanochaita. The 4(d)
rule will provide conservation measures for this subspecies by establishing a permitting mechanism
for the importation of sport-hunted P. l. melanochaita trophies that will ensure hunting contributes to
the survival of the species in the wild. The Service found that sport-hunting may provide a benefit to
the subspecies if well managed, however, recent information received during the public comment
period indicates that not all trophy hunting programs are providing benefits to the subspecies. The
Service wants to ensure that U.S. trophy imports originate from countries with a scientifically sound
management program and provide funds that further lion conservation.
With an endangered listing, all imports of P. l. leo will be generally prohibited, except when it can be
found that the import will have a benefit to the species.
The final lion rule will publish in the Federal Register on December 23, 2015, and will go into effect
30 days after publication on January 22, 2016. For more information on the two subspecies of lion,
including a copy of the final rule, please visit:
http://www.fws.gov/endangered/what-we-do/lion.html.
What is different between the proposed and final rule to list lions?
The Service received new information from the International Union for Conservation of Nature
(IUCN) that the western and central populations of lions are genetically closely related to the
currently endangered Asiatic lion (formerly the endangered Panthera leo persica), and the IUCN has
named this subspecies Panthera leo leo. The IUCN also found that the southern and eastern
populations of lions are now their own subspecies, Panthera leo melanochaita. The Service has
determined the two subspecies of lion qualify for different statuses under the ESA.
About Lions: Range and Population
Why is the Service proposing to list one subspecies, P. l. leo, as endangered and the other
subspecies, P. l. melanochaita, as threatened?
The Service received new information on population numbers for both subspecies. There are only a
total of about 1,423 P. l. leo left: 900 in 14 populations in western and central Africa, and only 523 in
India. Conversely, there are approximately 17,000-19,000 P. l. melanochaita found in southern and
eastern Africa.
After reviewing the best scientific and commercial data available, the Service found the lion is
impacted by a number of factors actively contributing to its population decline throughout Africa and
Asia. The three main threats are habitat loss (fragmentation and degradation), loss of prey base and
human-lion conflict. The Service found that the only population of this subspecies found in India,
though currently stable, is still facing threats and is highly vulnerable to stochastic (random) events,
such as weather, fire, disease and other potentially devastating forces. If regional trends continue at its
current rate, western and central Africa will likely lose a third of its population in five years and half
the population in 10 years. Given the threats are acting on such a small number of P. l. leo the Service
has determined that this subspecies meets the definition of an endangered species under the ESA.
Between 1993 and 2014, the population of P. l. melanochaita in eastern Africa declined by 59
percent. In southern Africa the lion population increased by 8 percent during the same time period;
however, one of the largest populations, Okavango, and 6 unfenced reserves in Botswana, Namibia
and Zimbabwe declined. However, eastern Africa is likely to lose a third of its population in 20 years
and half the population in 30 years. Many of the increasing southern African populations are in small,
fenced and intensely managed areas that have already reached carrying capacity.
Additionally, the human population, and thus negative impacts to lion associated with it, is expected
to increase substantially by 2050; impacts of climate change are projected to manifest as early as
2040. Due to a larger population and greater number of populations, the Service believes this
subspecies is less vulnerable to threats and is not currently in danger of extinction. However, the
Service found that this subspecies is likely to become endangered within the foreseeable future.
Therefore, the agency is listing P. l. melanochaita as threatened.
About the 4(d) Rule
Why does P. l. melanochaita need a 4(d) rule?
The Service is adding a 4(d) rule for P. l. melanochaita in order to create a permitting mechanism.
During the public comment period the Service found that not all trophy hunting programs are
scientifically based or managed in a sustainable way. This 4(d) rule creates a permitting mechanism to
regulate the import of all P. l. melanochaita parts and products, including live animals and sporthunted
trophies, into the United States to ensure that imported specimens are legally obtained in a
manner that is consistent with the purposes of the ESA and the conservation of the subspecies in the
wild. It will allow for the importation of P. l. melanochaita provided they are permitted by the Service
as originating from countries with effective lion conservation programs.
This 4(d) rule is intended to promote additional conservation efforts by authorizing only activities that
would provide a direct or indirect benefit to lions in the wild. By providing incentives through the
permitting process to countries and individuals who are actively contributing to lion conservation, the
agency will be able to leverage a greater level of conservation than might otherwise be available.
The 4(d) rule will supersede the import exemption found in 50 CFR 17.8 for threatened wildlife listed
in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), such that a threatened species import permit under 50 CFR 17.32 is now required for
the importation of all P. l. melanochaita specimens.
Therefore, section 9(c)(2) of the ESA for the otherwise lawful importation of wildlife listed in
Appendix II of CITES that is not an endangered species does not apply to this subspecies. Under this
4(d) rule, all otherwise prohibited activities, including all imports of P. l. melanochaita specimens,
require prior authorization or permits under the ESA.
Will a permit be required to import a sport-hunted P. l. melanochaita trophy?
Yes. While there is evidence that many of the range countries have implemented or will implement
best management practices, the Service wants to promote those practices to the extent it can. By
requiring import permits, the agency can ensure these imports enhance the conservation of this lion
subspecies in the range countries by supporting well-managed, scientifically based conservation
programs that include trophy hunting of lions. For additional information on importing sport-hunted
trophies, please visit
http://www.fws.gov/internation...hunted-trophies.html.
African lions (includes all lions in Africa under the taxonomic classification currently used by
CITES) are also listed in Appendix II of CITES. As such, a CITES export permit is required from
the country where the trophy was taken. Contact the CITES authorities in that country for
additional information and instruction. Click here for a list of national CITES contacts.
What criteria must be met for the Service to consider issuing a permit for the import of a
sport-hunted P. l. melanochaita trophy?
The permitting program would allow importation of sport-hunted P. l. melanochaita trophies only
from range countries that have management programs that are based on scientifically sound data and
are being implemented to address the threats that are facing lions within that country.
Such management programs would be expected to address, but are not limited to: evaluating
population levels and trends; the biological needs of the species; quotas; management practices; legal
protection; local community involvement; and use of hunting fees for conservation. In evaluating these
factors, the Service will work closely with the range countries and interested parties to obtain the best
available scientific and commercial data. By allowing entry into the United States of P. l.
melanochaita sport-hunted trophies from range countries that have scientifically based management
programs, the range countries would be encouraged to adopt and financially support the sustainable
management of lions that benefits both the species and local communities.
Is the Service allowing hunting of threatened P. l. melanochaita?
The 4(d) rule does not regulate hunting of P. l. melanochaita, but rather prohibits imports of sporthunted
P. l. melanochaita. Hunting, or take, of a wholly foreign species in its native country is not
regulated by the ESA because the action is not subject to the jurisdiction of the United States.
Regardless of U.S. import regulations, sport hunters are able to participate in P. l. melanochaita hunts
in countries that allow it. However, many lions are taken by U.S. hunters, and conditioning the
continued importation of sport-hunted trophies upon a demonstration that they originate from a country
with a scientifically sound management program will encourage effective management for the species
in the wild. In addition, a scientifically based management program that includes sport hunting can
provide economic incentives for the range country and local communities to protect and expand lion
populations and habitat.
What measures are in place to ensure that P. l. melanochaita sport-hunted trophies would not
enter into illegal trade?
In the United States, CITES-implementing regulations clearly state that an Appendix-II, threatened
species sport-hunted trophy may only be used for non-commercial purposes. Selling such a trophy after
import constitutes a violation of the ESA. Import, export, re-export and foreign and interstate
commerce of lions is prohibited without a permit to ensure that any lions or their parts or products,
including hunting trophies, do not illegally enter into commerce. ESA violations carry a maximum
penalty of one year in prison and a $100,000 fine; conviction under the Lacey Act is punishable by a
prison term of up to five years and a $250,000 fine.
What does the Service consider in making enhancement findings for the import of sport-hunted
trophies?
To determine whether to allow such imports, the Service considers factors such as the biological needs
of the species; possible threats to the populations; current population estimates; management
programs; legal protection (for sport-hunted trophies this includes hunting regulations and any
applicable quotas); local community involvement; and, if any funds are generated by the import, how
those funds are used for conservation. This rigorous evaluation process ensures that sport hunting is
part of an overall conservation program supported by strong governance and management practices.
By allowing imports from countries that are making strong efforts to conserve their lions, the Service
will promote these countries’ programs over those less willing to address long-term lion conservation.
How long will it take to process an application for the import of a sport-hunted P. l.
melanochaita trophy?
Although the issuance of permits may initially be delayed because the Service lacks the necessary
information on which to judge whether a country’s management program for lions provides sufficient
enhancement, we are already seeking information on P. l. melanochaita management programs of the
range countries and will strive to make the required determinations as quickly as possible. If the agency
has the necessary information from the range country where the hunting will occur, we are generally
able to process permits within 45 to 60 days from the time of application.
About the Director’s Order
Concurrent with this listing rule, to protect lions and other foreign and domestic wildlife from criminal
activity, Service Director Dan Ashe is issuing a Director’s Order to strengthen enforcement of wildlife
permitting requirements. The order will ensure that violators of wildlife laws are not subsequently
granted permits for future wildlife-related activities, including the import of sport-hunted trophies.
On February 11, 2014, President Obama issued the first National Strategy for Combating Wildlife
Trafficking. One of the three strategic priorities of the strategy is to strengthen domestic and global
enforcement, including assessing related laws, regulations, and enforcement tools.
This order, consistent with the strategy, establishes policy and procedure for Service employees to
assert full legal and regulatory authority to deny wildlife violators the ability to obtain wildlife permits,
certificates and licenses issued under 50 CFR part 13.
The Service will consider all relevant facts or information available, including relevant violations of a
federal, state, foreign or tribal law or regulation related to or governing the activity for which they are
applying, and may make independent inquiry or investigation to verify information or substantiate
qualifications asserted by the applicant.
The Service’s general permitting regulations 50 CFR part 13 state, in part, in 50 CFR 13.21(b), that
upon receipt of a properly executed application for a permit, the Director shall issue the appropriate
permit unless:
1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any
statute or regulation relating to the activity for which the application is filed, if such assessment
or conviction evidences a lack of responsibility;
2) The applicant has failed to disclose material information required, or has made false statements
as to any material fact, in connection with his application;
3) The applicant has failed to demonstrate a valid justification for the permit and a showing of
responsibility;
4) The authorization requested potentially threatens a wildlife or plant population; or
5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is
not qualified.
In addition, 50 CFR 13.21(c) states in part, in 50 CFR 13.21(c)(1), a person is disqualified from
receiving or exercising the privileges of a permit under 50 CFR part 13 if there has been a conviction,
or entry of a plea of guilty or declining to contend, for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act, unless such disqualification
has been expressly waived by the Director in response to a written petition.
The Service will strictly implement and enforce all criteria under the general permitting requirements
in 50 CFR part 13, particularly the sections referenced above, and with special emphasis on permitting
associated with species listed as endangered or threatened under the Endangered Species Act or in
Appendix I of CITES.
For a copy of the Director’s Order, please visit:
http://www.fws.gov/policy/do212.html. This order is
effective immediately as of December 9, 2015.
About Permitting: Import, Export and Interstate Movement
Does the United States issue permits for the import of other sport-hunted trophies of endangered
or threatened species?
Yes. Under the ESA, otherwise prohibited activities may be permitted if the Service finds that the
activity will enhance the propagation or survival of the affected species and is found to be consistent
with the purpose of the law. The Service has found that the import of trophies of bontebok, an
endangered antelope from South Africa, and black rhinoceros from Namibia, also listed as endangered,
as well as African elephants, leopards and straight-horned markhor – all threatened species – can
benefit those species by supporting the overall species management programs established within the
species’ native range. As a result, the Service has issued import permits for these species.
Will a permit be required for the import of P. l. melanochaita for zoological or scientific
purposes? What about personal effects made of lion products?
Yes. Under this 4(d) rule any person wishing to import P. l. melanochaita specimens, including
live animals, parts and products, for any purpose, must first obtain a permit under the Service’s
regulations for threatened species, 50 CFR 17.32. Permits or authorization to carry out an
otherwise prohibited activity could be issued for scientific purposes, the enhancement of
propagation or survival of the species, economic hardship, zoological exhibitions, educational
purposes, or special purposes consistent with the purposes of the Act.
Will activities with P. l. melanochaita other than import require a permit?
Yes. Under this 4(d) rule, a permit under the ESA must be obtained from the Service’s Division of
Management Authority to conduct the following activities:
• import into the United States,
• export from the United States,
• take within the United States, and
• interstate and foreign commerce.
Under the Service’s regulations for threatened species, 50 CFR 17.32, permits or authorization to
carry out an otherwise prohibited activity could be issued for scientific purposes, the enhancement
of propagation or survival of the species, economic hardship, zoological exhibitions, educational
purposes, or special purposes consistent with the purposes of the Act.
What activities with P. l. leo will require a permit?
For foreign endangered species, a permit under the ESA must be obtained from the Service’s
Division of Management Authority to conduct any activities prohibited under the ESA. This
includes:
• import into the United States,
• export from the United States,
• take within the United States, and
• interstate and foreign commerce.
Permits for endangered species may be issued only for scientific purposes that benefit the species
in the wild, or to enhance the propagation or survival of the affected species. Beneficial actions that
have been shown to support or enhance survival of P. l. leo include habitat restoration and research
on the subspecies in the wild that contributes to improved management and recovery.
How do I apply for a permit for an exception to conduct otherwise prohibited activities
with P. l. leo or P. l. melanochaita for purposes consistent with the ESA?
For import, export, interstate and foreign commerce and take, submit application 3-200-37 to the
Division of Management Authority (address below), available from
http://www.fws.gov/forms/3-200-37.pdf.
For import of a P. l. melanochaita sport-hunted trophy, submit application 3-200-20 to the
Division of Management Authority (address below), available from
http://www.fws.gov/forms/3-200-20.pdf.
Will interstate movement of lions require a permit?
The ESA does not regulate the non-commercial movement (e.g., loans, transfers, donations) of
lawfully acquired ESA-listed species from one state to another. However, a prior authorization in
the form of a permit now will be required if interstate movement will take place in the course of
interstate commerce (selling a lion or their parts or products across state lines or to a resident of
another state).
Captive-Bred Wildlife Registration
What is a Captive-Bred Wildlife (CBW) registration?
CBW registration holders are authorized by the general permit at 50 CFR 17.21(g) to conduct
recurring interstate commerce and take activities that would otherwise be prohibited under the ESA
with living, exotic wildlife born and held in captivity in the United States for conservation breeding
purposes consistent with the ESA. The program was developed to streamline federal permit
requirements for eligible activities.
A CBW registration may be issued only when applicants demonstrate activities with covered
wildlife will serve the principal purpose of enhancing the propagation or survival of the species,
particularly through conservation breeding, and that they have appropriate qualifications,
experience, facilities and sufficient space. This includes those holding surplus stock as part of a
Species Survival Plan or other bona fide conservation breeding program. Authorized activities may
be conducted only with other registrants who are authorized for the same species. Registrants must
report activities and current ESA-listed inventory to the Service each year.
For more information, see the Service’s fact sheet on CBW registration:
http://www.fws.gov/internation...gered-speciesact.pdf.
What about zoos, sanctuaries and other facilities that hold lions? Will they need a permit to
continue to hold these animals?
Permits are not required to hold legally acquired lions in captivity or for normal husbandry
practices for maintaining the health of the animal. However, if a facility wishes to engage in
interstate or foreign commerce, take (such as research activities that may harass or harm the
animal), or import or export activities with lions, a prior authorization in the form of a permit will
be required (see below). Facilities seeking to engage in interstate commerce for the purpose of
conservation breeding may meet the criteria for a CBW registration.
How do I apply for CBW registration?
Submit application form 3-200-41, available from
http://www.fws.gov/forms/3-200-41.pdf , with
the processing fee. Instructions are on the form.
Should CBW registrants who hold lions apply to amend their CBW registration?
Some CBW holders have already been authorized for Felidae, which would include both
subspecies P. l. leo and P. l. melanochaita. If your CBW already authorizes Felidae, you do not
need to amend your CBW at this time. You will however need to include all activities carried out
with lions, such as births, deaths and transfers, on your annual report.
CBW registrants who currently hold lions but are not authorized for Felidae and intend to conduct
interstate commerce (e.g., buy or sell lions) should apply to amend their CBW registrations by
submitting application form 3-200-41 (see above) prior to the effective date of the ruling.
Applicants should provide documentation that demonstrates the lions in their collection meet the
criteria for CBW registration, and their staff expertise and facilities are appropriate for lion
conservation breeding. Applicants do not need to submit information about other species already
authorized under their CBW registration, however they may apply to add species beyond the lions
on the same amendment application. Wildlife must meet the criteria for the CBW program.
Applicants should not use form 3-200-52 to amend a CBW registration.
How do I apply for a permit and who do I contact for questions regarding permits?
Permit applications may be obtained from the Service’s website or by contacting the Service’s
Division of Management Authority. Applicants should allow at least 45 days for processing of any
application involving a threatened species and 90 days for any application involving an endangered
species.
For additional information on permits, or to submit an application, please contact:
U.S. Fish and Wildlife Service
Division of Management Authority
5275 Leesburg Pike
Falls Church, Virginia 22041
Phone: 703-358-2104 or 1-800-358-2104
Fax: 703-358-2281
Email: managementauthority@fws.gov
http://international.fws.govAbout Conservation Efforts
Why are foreign species listed under the ESA?
The ESA requires the Service to list species as endangered if they are in danger of extinction and
as threatened if they are likely to become endangered in the foreseeable future, regardless of the
country where the species is found.
For additional information on listing foreign species under the ESA, please see the Ecological Services
program’s Branch of Foreign Species fact sheet at:
http://www.fws.gov/endangered/.../foreign_species.pdf.
How does the ESA protect foreign species?
By regulating the activities of U.S. citizens and residents with regard to listed species whose native
range is outside the United States, the ESA helps ensure people under U.S. jurisdiction do not
contribute to the further decline of these species. Except by permit for specific purposes consistent
with the ESA, it is unlawful for any person subject to the jurisdiction of the United
States to:
• import into and export from the United States any listed species or its parts or products;
• take (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or to attempt any of
these activities) listed species within the United States, its territorial waters, or on the high seas;
• deliver, receive, carry, transport or ship listed species in interstate or foreign commerce in the
course of commercial activity;
• sell or offer for sale in interstate or foreign commerce; or possess, sell, deliver, carry, transport
or ship listed species taken in violation of the ESA.
What additional benefits does listing under the ESA afford a species?
In addition to the prohibitions on certain activities, the ESA authorizes the provisions of targeted
financial assistance for the development and management of programs necessary or useful to the
conservation of listed species in foreign countries. The ESA encourages conservation programs that
benefit foreign-listed species and may provide assistance through training or personnel. The ESA also
encourages international conservation of foreign listed species through its enhancement permits
provision.
What is the Service doing to help conserve wild populations of wild lions?
The Service is working on multiple levels to protect and restore lion populations across their range
through collaborative efforts. Since 2003, the Service has awarded five grants through its International
Affairs program, totaling $166,956, matched by $230,903 in leveraged funds, towards conservation
efforts to protect lions. Field projects were supported in four countries. These projects include:
• Establishing a training program for specialized “lion” guards to help stabilize and protect the
remaining lions and large carnivore populations in Cameroon in partnership with the Leo
Foundation.
• Supporting lion conservation in Cameroon in partnership with the Wildlife Conservation
Research Unit of the University of Oxford to address the threats of poaching of lions and their
prey, human-lion conflict, the trade in cubs and lion products and problems with legal hunting.
• Strengthening wildlife protection and law enforcement measures in the Democratic Republic of
Congo in partnership with the African Wildlife Foundation to support lion conservation and
other species to mitigate the impacts of poaching, bushmeat trade, mining and civil conflict.
