Endangered and Threatened Wildlife and Plants; Reclassification of Certain Vicuña Populations From Endangered to Threatened With a Special Rule

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the vicu[ntilde]a Vicugna vicugna) in Argentina, Bolivia, Chile, and Peru from endangered to threatened under the U.S. Endangered Species Act (Act or ESA) of 1973, as amended. The recently introduced population of Ecuador, treated as a distinct population segment under the Act in accordance with the Service's Policy on Distinct Vertebrate Population Segments (61 FR 4722), will remain listed as endangered. We also establish a special rule (under Section 4(d) of the Act) allowing the importation into the United States of legal fiber and legal products produced with fiber from vicu[ntilde]a populations listed as threatened under the Act and in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), if certain conditions are satisfied by the exporting (i.e., range country) or re-exporting country. Importation into the United States of legal fiber and legal products made from fiber that originated from threatened, Appendix II vicu[ntilde]a populations will require valid CITES export permits from the country of origin and also the country of re-export, when applicable. We are aligning U.S. importation practices with those approved by the CITES Parties, in order to facilitate effective conservation of the vicu[ntilde]a in range countries, and the enforcement and management efforts of those countries. This rule requests range countries to submit a country-wide Management Plan prior to exporting to the United States. The special rule requires range countries exporting specimens of vicu[ntilde]a to the United States for commercial purposes to provide the Service with an annual report. The Service will conduct a review every two years, using information in the annual reports and other available information, to determine whether range country management programs are effectively achieving conservation benefits for the vicu[ntilde]a. Failure to submit an annual report could result in a restriction or suspension of trade. Based on the results of its review, the Service may administratively restrict or suspend trade from a range country if it determines that the conservation or management status of the threatened vicu[ntilde]a population in that range country has changed, such that continued recovery of that population may be compromised. If, at any time after the effective date of the special rule, the conservation or management status of threatened vicu[ntilde]a populations changes in one or more range countries such that those vicu[ntilde]a populations are not continuing to recover, the potential exists to administratively suspend the approval of imports under the special rule.