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DOI/FWS

RIN: 1018-BG66

Publication ID: Fall 2023

Title: Revision to the Section 4(d) Rule for the African Elephant, Final rule
Abstract: This rule will revise the current regulations for the African elephant (Loxodonta africana) promulgated under section 4(d) of the Endangered Species Act (ESA). The purposes are to: (1) Increase protection for African elephants in response to the recent rise in international trade of live African elephants from range countries by establishing ESA permit requirements and enhancement standards for trade in live African elephants, (2) clarify the existing enhancement requirement during our evaluation of the application for a permit to import African elephant sport-hunted trophies, and (3) incorporate a Party’s designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decisionmaking process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products. FWS conducted a virtual public hearing on January 5, 2023. The virtual public hearing was conducted in multiple languages, and several foreign countries expressed comments. The comment period for the proposed rule was extended due to comments expressed during the virtual public hearing. In addition to the public hearing, the agency has conducted several calls with foreign countries that have a stake in the proposed rulemaking.
Agency: Department of the Interior(DOI)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 17.40(e)
Legal Authority: 16 U.S.C. 1361 to 1407 16 U.S.C. 1531 to 1544 16 U.S.C. 4201 to 4245

Legal Deadline: None

Statement of Need:

This rule will revise the current regulations for the African elephant ( Loxodonta africana ) promulgated under section 4(d) of the Endangered Species Act (ESA). The purpose is to: (1) Increase protection for African elephants in response to the recent rise in international trade of live African elephants from range countries by establishing ESA permit requirements and enhancement standards for trade in live African elephants, (2) clarify the existing enhancement requirement during our evaluation of the application for a permit to import African elephant sport-hunted trophies, and (3) incorporate a Party’s designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) National Legislation Project into the decisionmaking process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory.

Summary of the Legal Basis:

16 U.S.C. 1361 to 1407, 16 U.S.C. 1531 to 1544, and 16 U.S.C. 4201 to 4245.

Timetable:

Action	Date	FR Cite
NPRM	11/17/2022	87 FR 68975
NPRM Comment Period End	01/23/2023
NPRM Comment Period Extended	01/17/2023	88 FR 2597
NPRM Comment Period Extended End	03/30/2023
Final Action	01/00/2024

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Naimah Aziz Manager, Division of Management Authority Department of the Interior United States Fish and Wildlife Service International Affairs, 5275 Leesburg Pike, MS: IA, Falls Church, VA 22041-3808 Phone:571 218-5019 Email: naimah_aziz@fws.gov