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back to The Role and Value of Hunting INDEX
The Legally Structured Role of
Hunting and Fishing in the United States and Abroad
A Speech by John J. Jackson, III at the Fifth Annual Animal Law
Institute, Texas Law Center, Austin, Texas, April 8, 2005
The Convention in
Trade of Endangered Species, CITES, recognizes the special
role that recreational hunting and fishing can play by
giving such trade in wildlife favored treatment. CITES
prohibits all commercial trade of species listed on Appendix
I, but not hunting and fishing trophies. Those trophies are
taken for personal use, not commercial trade. The underlying
activity is licensed, regulated hunting, not poaching. As
early as the Second Conference of the Parties, COP 2, a
resolution was adopted by the Parties, Resolution 2.11, that
expressly favors trade in personal tourist hunting trophies.
It was revised as recently as the 9th Conference, COP 9,
Resolution 2.11 (rev.), to further facilitate and remove
unnecessary impediments to the export and import of hunting
trophies of Appendix "I" listed species. Importing countries
are requested by CITES to accept the export countries’
hunting trophies and related biological and
management-related decisions.
The required "non-detriment" determinations for trade in
hunting trophies of Appendix "I" species still have to be
made by exporting and importing countries, but that too has
been facilitated by the development of quotas set by the
Parties at the conferences. Quotas dispense with the need to
make non-detriment findings on a case-by-case basis. The
first such quota was for leopard, reflected in the current
Resolution 10.14. The leopard quota permitted tourist
hunters to bring their trophies home. It converted what was
perceived to be a vermin to a game animal. Leopard that
would inevitably have been shot, poisoned or snared became
trophies and hence one of the building blocks of the
conservation infrastructure of those developing nations. The
quota favored the limited, licensed regulated tourist
hunting of leopards and turned that species from a liability
into an asset that paid for its conservation and the
conservation of other species as well. Normally, the hunting
includes not just the leopard (a spotted cat that can
reproduce like a rabbit) but also license fees for the many
animals taken for bait that are very plentiful, minimum
number of hunting days and other legal requirements that
support the conservation infrastructure.
Similar quotas have been established by the Parties with the
underlying recognition of the benefits that can arise from
the sustainable use of species, particularly game species.
Other quotas, decisions, annotations and provisions have
been established for Nile Crocodile, Cheetah (COP 8),
Markhor (Res. 10.15), White Rhino and Elephant (Res. 10.10).
Hunting trophy quotas have been accepted and set when the
population of the affected species have been less than
2,000, as in the case of the Markhor in Pakistan’s Targhor
region. Such quotas have had remarkably positive
conservation consequences. As Aldo Leopold said, "We have
learned that it is necessary to positively produce as well
as negatively protect if we are to successfully conserve
wildlife".
The licensed, regulated trophy hunting of white rhino listed
on Appendix I has generated tens of millions of dollars.
When the hunting began, there were fewer than 2,000 white
rhino in existence. The white rhino population has grown
more than seven-fold since that time. The revenue from the
tourist hunting has provided the means to save the rhino and
the motive as well. White Rhino have been hunted to conserve
them. The management regime has been strategically designed
to conserve wildlife through its use.
Now, the critically
endangered black rhino has reached the population level of a
few thousand, just as the white rhino had decades ago. At
the last CITES Conference in Bangkok, COP 13, the 167
Parties to CITES adopted a trophy hunting quota for black
rhino (Resolution 13.5). Quotas of five for Namibia and five
for the Republic of South Africa were established. As a game
animal, that rhino species has an edge on its own survival -
i.e., a highly regulated second chance. The quota is
intended to capitalize on that contemporary conservation
strategy. As one African official recently told me: "I am
not a hunter myself. We do this to save our wildlife and
biodiversity." They hunt them to save them.
It remains to be seen if the black rhino can benefit from
tourist hunting as the White Rhino and other species have.
Why? Unlike the white rhino, the black rhino is listed on
the US Endangered Species list as "endangered," not just
CITES Appendix I. This poses an additional regulatory
impasse to their conservation use.
The USF&WS has had regulatory authority to permit
importation of species listed as "endangered" under the
Endangered Species Act from the inception of the Act, but
has had a practice not to grant such permit applications.
The Service’s practice has been contrary to the American
conservation experience and directly conflicts with modern
sustainable-use principles. It’s been a diplomatic insult to
developing nations and has obstructed those countries’ most
earnest efforts to use licensed, regulated, limited hunting
where it can do the greatest good. In the past, the Service
has permitted the import of trophies of "endangered"
bontebok taken in South Africa’s programs on the basis they
were captive-bred and the hunting activity "enhanced" the
survival of the population in the wild. That, in fact, has
provided the necessary revenue for game farmers to maintain
their bontebok populations, the incentive to positively
produce them and a constructive means of husbandry and
control.
The US Fish & Wildlife Service (USF&WS) has also permitted
the taking of ESA-listed "endangered" exotic species in
Texas when a share of the revenue has been directed back to
the species’ country of origin to enhance the species
recovery or restoration in the wild. As a practical
husbandry and management necessity, surplus animals have to
be controlled. Those permitted hunters from the US do indeed
provide the primary conservation revenue in India, Laos,
Cambodia and other distant countries for endangered species
such as barasingha, Eld’s Deer and Arabian oryx. Hunting
those listed species right here in Texas is funding most of
the conservation effort directed toward them. That is
another statutory and regulatory success arising from wise
use.
At last, the USF&WS has noticed in the Federal Register a
proposed change in practice to permit importation of
trophies of game species listed as "endangered" (Draft
Policy for Enhancement of Survival Permits for Foreign
Species Listed under the Endangered Species Act, 68 FR
49512, August 18, 2003). The purpose is to give those game
species the advantage they should enjoy as game species but
only in very select cases where the range nation has a
comprehensive program that is dependent upon trophy hunting
and the hunting is a net benefit to the species’ survival or
restoration. If fully put into practice, this will allow the
American hunting community (both hunters and their
conservation organizations) to show once again what
sustainable use can do. The very possibility has already
been the driving force underlying the conservation advances
of species such as the black rhino. Unfortunately, to this
date, the Service’s permitting practices have denied foreign
game species listed as "endangered" their greatest means and
hope of survival.
In summary, hunting and fishing are more than important
recreational activities. Hunting and fishing programs have
been crafted and designed to propagate game and non-game
species. Whether abundant or endangered, smartly crafted
programs can serve and save our wildlife around the world.