Last edited Fri Dec 25, 2015, 04:48 PM - Edit history (4)
Lions in Central and West Africa were classified as "Endangered" but lions in Southern Africa, including Namibia where Cecil lived, are only listed as "Threatened".
The difference is important, you can NOT take an endangered Species if that Species is in the US AND can not import one taken overseas into the US (There are exception, for example if a Grizzly bear attacks you, you can defend yourself and kill it).
On the other hand "Threatened" species CAN be taken in the US and if taken oversea imported, if such a "taking" meets the terms for such a "taking" in the listing OR under the terms of any permit issued under the listing.
Here is the actual listing for African Lions:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-31958.pdf
Please note, even with the killing of Cecil, Lion Population in Southern African have increase 8% in the last ten years, unlike Western African which saw a 56% drop in the numbers of Lions (and today just over 50% of all Lions live in Southern Africa). See page 25 of the above listing.
From the same listing, as to Southern Africa Lions(P. l. melanochaita):
Management programs for P. l. melanochaita would be expected to address, but are not limited to, evaluating population levels and trends; the biological needs of the species; quotas; management practices; legal protection; local community involvement; and use of hunting fees for conservation. In evaluating these factors, we will work closely with the range countries and interested parties to obtain the information. By allowing entry into the United States of P. l. melanochaita trophies from range countries that have science-based management programs, we anticipate that other range countries would be encouraged to adopt and financially support the sustainable management of lions that benefits both the species and local communities. In addition to addressing the biological needs of the subspecies, a scientifically based management program would provide economic incentives for local communities to protect and expand P. l. melanochaita habitat.
As stated, under this 4(d) rule any person wishing to conduct an otherwise prohibited activity, including all imports of P. l. melanochaita specimens, must first obtain a permit under 50 CFR 17.32. As with all permit applications submitted under 50 CFR 17.32, the individual requesting authorization to import a sport-hunted trophy of P. l. melanochaita bears the burden of providing information in their application showing that the activity meets the requirements for issuance criteria under 50 CFR 17.32. In some cases for imports, such as sport-hunted trophies, it is not always possible for the applicant to provide all of the necessary information needed by the Service to make a positive determination under the Act to authorize the activity. For the import of sport-hunted trophies of P. l. melanochaita, the Service will typically consult with the range country to the extent practicable and other interested parties to obtain necessary information. The Service has the discretion to make the required findings on sport-hunted trophy imports of P. l. melanochaita on a country-wide basis, although individual import permits will be evaluated and issued or denied for each applicant. While the Service may make enhancement findings for sport-hunted trophy imports of P. l. melanochaita on a country-wide basis, the Service encourages the submission of information from individual applicants. We would rely on the information available to the Service and may rely on information from sources other than the applicant when making a permitting decision.
The difference is important, see 50 CFR § 17.32:
Now the regulations go on and mention "scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or special purposes consistent with the purposes of the Act." but that is vague enough for any hunter to get a permit to import an "Threatened Species" except those under special rules 17.40 through 17.48 (Which includes the "Special Rules" for Elephants, Grizzly bears and some other "Threatened" Species but NOT lions).
Special Rules 50 CFR § 17.40:
https://www.law.cornell.edu/cfr/text/50/17.40
In simple terms, the Dentist may be able to import his trophy, if it was legally taken in Namibia, into the US even under this new listing for Lions.
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