USFWS denial in 2022 of 2018 Elephant import permit from Namibia (email string)

[pigsticker]

I feel that this is something that needs to be made aware of for anyone traveling to Namibia, or any other country for that matter, to hunt for a legally sport hunted elephant. This is a major problem, and from my experience and correspondence with the agency, they are trying their hardest to find loopholes to NOT issue permits for legally sport hunted elephants. I applied in 2018 for a permit previous to my hunt and was dismayed that four months later I still had no reply. I continued on with my hunt as planned in September of 2018 and had not heard any information with exception of having to migrate my application to a new electronic system with the USFWS until August 31, 2022. Here is the following transcripts of the exchange between myself and the reviewing biologist. Keep in mind that the requests he asked for were unreasonable as the permit I had filled out and applied for importation did not require any of the additional data he was requesting, but I still did my best to accommodate his requests honestly and to the best of my ability. Some of the information he asks for initially was already sent into them upon harvest of my elephant in 2018, but they did not acknowledge receipt of the information. Keep in mind that the 2018 permit did not ask questions regarding molar tooth wear or have an outfitter operating addendum.

Here is the email string, I will post more of it as replies to this thread as it is somewhat lengthy but is telling to the situation for current and prospective hunters when applying for a permit with the USFWS. USFWS in Blue, My reply in Red.


07/22/2022
Hello Mr. W,

I have reviewed your application (950XXX), requesting to import an African elephant sport hunted trophy from Namibia. The Dallas Safari Club and others filed a lawsuit in December 2019 regarding the Service's processing of pending elephant trophy import applications. On August 31, 2021, the Service and Dallas Safari Club, et. al., reached a settlement agreement, whereby, deadlines were established for processing some applications that have been pending for several years and were the subject of this lawsuit. Please provide responses to the below requests in order to complete the processing of your application.

1. Please provide the following;

• Country and location (e.g., area, region, GIS coordinates, ranch, conservancy, management area, or hunting block, AND nearest city) where trophy was removed from the wild:
• Date wildlife was hunted:
• Approximate age of animal:
• Name of hunting outfitter, safari company, and/or professional hunter you hunted with:
• The current location of the trophy (address and country) [the U.S. CITES import permit will identify this country as the country of export/re-export and must match with the CITES export/re-export document]:

1. Please provide a copy of any applicable foreign government permits, licenses, or tags, that were required to remove this animal from the wild.
2. Please provide the total fee for your hunt as well as the amount/percentage of this fee which was used for each of the following: To assist anti-poaching efforts, community investment, or other conservation efforts.
3. Please provide a copy of a Operator Enhancement Questionnaire (Annex I in attached application) completed by the professional hunter or operator.

In accordance with 50 CFR 13.ll(e), if the requested information is not received by this office by 05-September-22, your application will be abandoned and administratively closed. Once a file is closed, you will need to submit a new application, and all required fees, for the Service to consider your proposed activity.



Thank you,

Jacob Mesler

Biologist

Division of Management Authority

U.S. Fish and Wildlife Service

5275 Leesburg Pike, MS: IA
Falls Church, Virginia, 22041-3803, USA



08/31/2022
Hello Jacob,

I have received your email correspondence and I have been working on gathering all of the information but it has been difficult timing to get the proper information from the outfitters and other entities who are currently in the field or not readily available. Is it possible to get a slight extension without abandoning my permit so I can thoroughly complete and remit all the information you have requested? If that is not possible, you have the deadline set for September 5th 2022 (which is labor day) and I assume all government offices are closed…would the due date then be the 6th? Thank you in advance for your time and consideration.

Regards,


W

 

[pigsticker]

08/31/2022
Hello Mr. W,

Thank you for your email. I am happy to give you an extension of 45 days. However, this will be the only extension I am able to grant.

If for any reason you are unable to provide the information prior to the abandonment date, you will be able to re-apply once you have acquired the information requested.

Please let me know if you have any questions.

In accordance with 50 CFR 13.ll(e), if the requested information is not received by this office by 20-October-22, your application will be abandoned and administratively closed. Once a file is closed, you will need to submit a new application, and all required fees, for the Service to consider your proposed activity.

Thank you,

Jacob Mesler
Biologist
Division of Management Authority
U.S. Fish and Wildlife Service
5275 Leesburg Pike, MS: IA
Falls Church, Virginia, 22041-3803, USA


08/31/2022
Thank you Jacob, that is much appreciated. I don’t think it will take that long. We have a majority of the components, just waiting on a couple more. Thanks again!



W

 

[pigsticker]

09/12/2022
Hi Jacob,

I will be submitting the information to you soon and will send it by post. Do I send it to the address listed below, attention to you? Thank you in advance.

W


09/13/2022
Hello Mr. W,

Yes, please feel free to send the materials as you described.

Thank you,
Jacob Mesler


11/01/2022:
Good morning Mr. W,

Apologies, but I have a couple additional questions regarding your application. You indicated that the elephant you harvested was approximately 30 years old. Could you confirm how this age estimate was made? Please confirm if the following is true: the remaining fraction of Molar 5 (M5) does not make up more than 25% of the molar toothrow consisting of Molar 6 (M6).

In accordance with 50 CFR 13.ll(e), if the requested information is not received by this office by 15-November-22, your application will be abandoned and administratively closed. Once a file is closed, you will need to submit a new application, and all required fees, for the Service to consider your proposed activity.

Thank you,
Jacob Mesler
Biologist
Division of Management Authority
U.S. Fish and Wildlife Service
5275 Leesburg Pike, MS: IA
Falls Church, Virginia, 22041-3803, USA


11/02/2022
Hi Jacob,

The estimated age was information provided from the safari operator and PH. I have no idea how they determined an estimated age, except I assume from their experience and working with Namibia’s MET, since they deal with the harvest of these animals on a regular basis.

I do not know how we would be able to provide you any information about the Molar wear, as I was not made aware that this was a requirement for the application process and we are no longer in possession of, or have access to the skull or jaw since this harvest took place over four years ago. Am I mistaken to believe that molar information is not a requirement for importation?

Regards,

W

 

[pigsticker]

11/02/2022
Hello Mr. W,

The language I sent you regarding the tooth wear and aging process is taken directly out of the 2021 Namibian government document "An Overview of Elephant Conservation and Management in Namibia". The document specifies that the method I described is the scientifically supported method for determining the age of an elephant in Namibia with the goal of only harvesting elephants that are approximately 40 years old and older. As you said, this method may not have been used at the time of your hunt; in order to determine the accurate age of the elephant I require the information I requested.

In accordance with 50 CFR 13.ll(e), if the requested information is not received by this office by 15-November-22, your application will be abandoned and administratively closed. Once a file is closed, you will need to submit a new application, and all required fees, for the Service to consider your proposed activity.

Thank you,

Jacob Mesler


11/02/2022
in order to determine the accurate age of the elephant I require the information I requested.

I will reach out to the outfitter to try to gather information, but what if this information that you require is no longer attainable, then what is the next course of action?

W

11/02/2022
Hello Mr. W,

If you are unable to provide the information I requested, it is unlikely that I will be able to make a positive finding regarding your application. If you need additional time, you may always re-submit your application when you have acquired the information I have requested.

Thank you,

Jacob Mesler

Biologist

 

[pigsticker]

11/03/2022
Hello Jacob,

I have contacted the PH/Outfitter in regards to your request. The information you are requiring is based off of recommendations contained in a elephant management plan that was published and implemented in 2021 and saw it’s initial working and creations dating back to 2019 which was after the date of harvest of the subject elephant. This current “guide” is Namibia’s master plan for elephant moving forward, but it should be noted, is not law. In the current manual, the harvest of a 40 year old elephant is the intended goal, but it is not a standard or required by Namibian law. The elephant I hunted was a legally sport hunted animal (with significant monetary funding on my part to help provide current and future conservation of the species) and did not require these bits of information you are requesting at the time it was harvested. If you are so adamant that my application will be processed without a positive finding without this information, then it would be misleading of the US Fish and Wildlife to produce a wildlife import permit application that was lacking in the pertinent required information needed to successfully apply for an import permit at the time the application was made. I have been more than reasonable waiting for you to process my permit which was filed more than four years ago, and if you needed this “dire” information then your division’s due diligence was lacking in requesting it in a timely manner. I urge you to process the application under the requirements that were current in 2018, during the initial application request. I will not accept the option of resubmitting my application as this current one was diligently completed to the level of the USFWS requirements when it was originally made.

Regarding the elephants estimated age, the assessment was determined by the outfitter and the PH by analyzing the molars and was determined to be approximately 30 years old according to my conversation with the PH. The game guard from the Balyerwa Conservancy also agreed on this assessment. The elephant was a completely legal animal to harvest within the laws of Namibia and had the appropriate permits and legal documents filed with MET to indicate that. To deny my permit application on information that is no longer attainable (measuring of the molars) due to your untimely request, but also was not required at the time of application is unreasonable and misleading by the USFWS. Sufficient information has been provided to you to allow for the importation permit to commence. You have the framework of the original permit application (form 3-200-19) to abide by and not make up additional requirements at your discretion, especially from a Namibian management plan that was implemented years post harvest. Please move forward with the process after considering the information I have just provided you.

W

11/07/2022
Hello Mr. W,

Thank you for your response. It has been received and I will continue processing your application.

Thank you,

Jacob Mesler

 

[KWALATA SAFARIS]

Hi @pigsticker
Thanks for the post, we legally hunted 8 Elephant the following year (in April 2018 if memory serves) USFWS indicated that they will on a case by case basis allow entry. Our clients still have not been able to import their trophies, subsequently we have indicted the latter to all our clients that booked Elephant hunts since then we have followed USFWS “guidelines or requests and to date have either not received an answer or denial (our clients).
USFWS had not a concern in the world that the above mentioned Elephants were hunted prior to their political agenda “regulation” being put in place.

It is disturbing, infuriating and an indication of a complete lack of knowledge with regards to the realities of African Wildlife.
I believe that SCI also got involved as well as several renowned (Africa wise) ecologists but to no avail.

USFWS have proven their complete inability to make conservation minded decisions and have fallen to lobbyists and under the table dealings. They are a facade a smoke screen for animal rightist groups.

Once again as an operator I inform my clients of the situation so that they can make an informed decision.
Sad indeed.

My very best always

 

[pigsticker]

12/16/2022
Hello Mr. W,

Please see the attached letter regarding the status of your application.

Thank you,
Jacob Mesler
Biologist
Division of Management Authority
U.S. Fish and Wildlife Service
5275 Leesburg Pike, MS: IA
Falls Church, Virginia, 22041-3803, USA


In Reply Refer To: FWS/AIA/DMA/950XXX W XXXXX

Dear Mr. W: This letter responds to your application dated May 9, 2018, received in our office on June 11 2018, to import under the U.S. Endangered Species Act (Act), a personal sport-hunted African elephant (Loxodonta africana), approximately 30 years of age, trophy taken in Namibia in the area of the Balyerwa Conservancy during the 2018 hunting season. After careful review of your request for a permit, and after reviewing all available data and information on activities and circumstances occurring in Namibia at the time you conducted your hunt, your application is being denied for the reasons outlined below.

The African elephant is listed as threatened under the Act with a rule under Section 4(d) of the Act, which is set forth in regulations found at 50 CFR 17.40(e). Under the 4(d) rule, issuance of an import permit can only occur if the U.S. Fish and Wildlife Service (Service) finds that the killing of the trophy animal intended for import would enhance the survival of the species [50 CFR 17.40(e)(6)(i)(B)], and the trophy is accompanied by a threatened species permit issued under 50 CFR 17.32. To enhance the survival of the species, the importation must be associated with activities that provide a direct or indirect benefit to the species in the wild. In evaluating whether the killing of the trophy animal intended for import into the United States contributes to the enhancement of African elephant populations within a given country, the Service looks at a number of factors. Such factors may include: elephant population estimates and trends in a given country, whether said county has a valid national and/or regional management plan, is the plan currently being implemented and does it contain achievable and measurable objectives, does the plan take an adaptive management approach and how often is it reviewed and/or updated, the designated authorities responsible for overseeing elephant management and how they are funded, the level of human-wildlife conflict taking place and how it is being addressed, any antipoaching efforts undertaken, habitat conservation measures currently in place, as well as the amount of revenue generated by elephant hunting and how it is used in supporting conservation projects and/or managing the species.

The best available scientific and management data, as well as information provided to the Service by Namibia’s Ministry of Environment, Forestry, and Tourism (MET), was used in our evaluation. Namibia implements an age-based minimum standard, which recommends that hunted individuals be limited to those with less than approximately 25% of the molar tooth row occupied by molar 5, which correlates to an approximately 40 (±3 years) year old elephant. This minimum standard prevents individuals from being hunted before they have reached an age where they may have the opportunity to reproduce.

After considering all of the information, because the elephant you hunted was estimated to be 30 years old, and, in accordance with the issuance criteria, the Service was unable to determine that the killing of the African elephant in Namibia would enhance the survival of the species. We were unable to determine that your requested activity enhanced the survival of the species in the wild. Therefore, the import of your sport-hunted elephant trophy taken in Namibia during the 2018 hunting season cannot be authorized and we are unable to issue a permit for the import of your personal sport hunted trophy.

As provided in 50 CFR 13.29(a), you may request reconsideration of our decision to deny your application. Such a request must be submitted in writing with the original signature of the person requesting reconsideration or by that person’s legal representative, must contain a certification statement as provided at 50 CFR 13.12(a)(5), should refer to your file number, 95067C, and must be received in this office within 45 calendar days of the date of this letter. In accordance with 50 CFR 13.29(b), the request for reconsideration shall state the decision for which reconsideration is being requested and shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration.

If you have any questions, please contact Biologist Jacob Mesler of this office: Division of Management Authority, Branch or Permits, MS:IA, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (703-358-2104 or Jacob_Mesler@fws.gov). Sincerely, Mary Cogliano, PhD Branch of Permits Manager Division of Management Authorit

 

[pigsticker]

Hi @pigsticker
Thanks for the post, we legally hunted 8 Elephant the following year (in April 2018 if memory serves) USFWS indicated that they will on a case by case basis allow entry. Our clients still have not been able to import their trophies, subsequently we have indicted the latter to all our clients that booked Elephant hunts since then we have followed USFWS “guidelines or requests and to date have either not received an answer or denial (our clients).
USFWS had not a concern in the world that the above mentioned Elephants were hunted prior to their political agenda “regulation” being put in place.

It is disturbing, infuriating and an indication of a complete lack of knowledge with regards to the realities of African Wildlife.
I believe that SCI also got involved as well as several renowned (Africa wise) ecologists but to no avail.

USFWS have proven their complete inability to make conservation minded decisions and have fallen to lobbyists and under the table dealings. They are a facade a smoke screen for animal rightist groups.

Once again as an operator I inform my clients of the situation so that they can make an informed decision.
Sad indeed.

My very best always

Yes, very sad indeed. Jacob is the biologist however. I am W, the one who applied for the permit.

 

[KWALATA SAFARIS]

Hi @pigsticker,
Apologies, as for local African communities the USFWS approach as well as the UK one is seen as a recolonization of Africa…. This time it’s wildlife.

I can assure you it does not sit well with them and does not bode well for the survival of this and other African species not to mention so often referred to “iconic species”

PS I stand under correction as to the date this “ban” was put in place but as mentioned the 8 Ele we hunted the year previously were all denied.

My best always.

 

[CoElkHunter]

Wow!

 

[BnC 04]

Perfect example of how agencies bend and twist policies/findings to THEIR liking. Sad

 

[Jfet]

Don’t Quit! Don’t yell at them. Keep giving them information. This is the second part of your elephant hunt. You got busted. Go drink your favorite beverage by the campfire and get ready to resubmit your application. You may get busted again. Then you start the process over again. This is a game of endurance. They make it hard so that you will quit. They make it hard so that others will not start down this road. Elephants are getting into the country. Keep working hard.

 

[WAB]

Contact Conservation Force. Don’t try to go this alone.

 

[Tucketed]

Yes, Conservation Force

 

[godwincp]

this is a tragedy but your biggest problem was going it alone with the USFW-you need to contact John Jackson of Conservation Force if you want any chance of ever receiving your elephant.

 

[Jfet]

Aging the individual | CITES

Knowing the age of an animal at the time of death is another important data point. There are two ways of ageing a dead elephant: Broad age class: classify

cites.org

This is the CITES document that describes how to age elephant by its teeth. Quote this document on your new import documentations for determining age. This type of documentation makes goverment officials happy.

 

[Jfet]

this is a tragedy but your biggest problem was going it alone with the USFW-you need to contact John Jackson of Conservation Force if you want any chance of ever receiving your elephant.

Even in a Sci-Fi movie one needs help to get through the red tape. I would not recommend bribing U.S. officials but being very nice is helpful.

 

[Philip Glass]

From the first correspondence, where he ignorantly asked for much information that had to be on the ititial application, it was clear he was set on denying your application for import.
Get with Conservation Force or SCI on this and try again. These people lost in court and are required to issue these permits!

 

[mark-hunter]

Another point that I caught: the wise action in the future, would be to hunt ele, 40 years old or older. And to confirm with outfitter in advance, to have records of molar tooth age estimate after the hunt. (just in case)

Then,
- Action 1: Conservation force, as suggested above
- Action 2: consider to make tusk replica (this is not in conflict with import of true trophy)

Wish you success.

 

[mikecatt13]

Is it correct in assuming you tried to do this import paperwork yourself and not through an import broker?

I totally understand where you're coming from and why, but unfortunately when your frustration is obvious and you try to tell a government entity what to do or that they're wrong, they tend to only push back. No matter how right you actually are.

Makes me wonder how this wouldve gone with an import specialist that is experienced in how to handle these situations/officials. Maybe the same though.

Very much hope one of these suggestions by other members can end in a positive ending to this story. Dont give up, but definitely get someone on your side that may be able to have more "pull" or know the arguments to make to get it done!