United States Department of the Interior
FISH AND WILDLIFE SERVICE

In Reply Refer To:
AIA/DMA/BOP/Animal Species

Memorandum
To:

Assistant Director, International Affairs, U.S. Fish and Wildlife Servic

From:

Principal Deputy Director, U.S. Fish and Wildlife Service

Date:

March 1, 2018

Subject:

Withdrawal of Certain Findings for ESA-listed Species Taken as Sport­
hunted Trophies.

,

�

In response to the D.C. Circuit Court's opinion in Safari Club Int'!, et al. v. Zinke, et al.,
No. 16-5358 (D.C. Cir., Dec. 22, 2017), the Service hereby withdraws, effective
immediately, the 2014 and 2015 Endangered Species Act (ESA) enhancement findings
for trophies of African elephants taken in Zimbabwe. The findings are no longer
effective for making individual permit determinations for imports of sport-hunted African
elephant trophies. Consistent with this approach, the Service hereby also withdraws,
effective immediately, the following findings: ESA enhancement findings for trophies of
African elephants taken in Zimbabwe signed in 1997 and 2017; ESA enhancement
finding for trophies of lions taken in Zimbabwe signed in 2017; ESA enhancement
findings signed in 1997, 2014, and 2015, and CITES non-detriment findings signed in
2014, 2015, and 2017 for trophies of African elephants taken in Tanzania; ESA
enhancement finding for trophies of African elephants taken in South Africa signed in
1995; ESA enhancement finding for trophies of bontebok taken in South Africa signed in
1997; ESA enhancement findings for trophies of lions taken in South Africa signed in
2016 and 2017; ESA enhancement finding for trophies of African elephants taken in
Botswana signed in 1997; ESA enhancement finding for trophies of African elephants
taken in Namibia signed in 1995; ESA enhancement finding for trophies of African
elephants taken in Zambia signed in 2012; ESA enhancement finding for trophies of lions
taken in Zambia signed in 2017; and the ESA enhancement and CITES non-detriment
findings for trophies of African elephants taken in Zambia signed in 2017.
All of the above referenced findings are no longer effective for making individual permit
determinations for imports of those spo11-hunted ESA-listed species. However, the
Service intends to use the information cited in these findings and contained in its files as

 appropriate, in addition to the information it receives and has available when it receives
each application, to evaluate individual permit applications.
The Service is continuing to monitor the status and management of these species in their
range countries. At this time, when the Service processes these permit applications, the
Service intends to do so on an individual basis, including making ESA enhancement
determinations, and CITES non-detriment determinations when required, for each
application. The Service intends to grant or deny permits to import a sport-hunted
trophy on a case-by-case basis pursuant to its authorities under the ESA and CITES. As
part of the permitting process, the Service reviews each application received for import
of such trophies and evaluates the information provided in the application as well as
other information available to the Service as to the status of and management program
for the species or population to ensure that the program is promoting the conservation of
the species. Each application must also meet all other applicable permitting
requirements before it may be authorized.