REFERENCES

1 "Convention on International Trade in Endangered Species of Wild Fauna and Flora," signed March 1973, implemented 1 July 1975, 12 ILM 1085; TIAS no. 8249; 27 UST 1087 (hereinafter "CITES"), Article II.

2 C. Servheen, "The Status and Conservation of the Bears of the World." Paper presented at the Eighth Conference of the Parties (COP8) on Bear Research and Management, Monograph Series No. 2 (1990) (hereinafter Bears of the World); and J. Mills, "Milking The Bear Trade," International Wildlife (May/June 1992): 41, 43, and 45.

3 C. G. McPherson, Conservation Hotline; "Follow the (Yellow) Brick Road." Wildlife Conservation (November/December1992): 8.

4 J. Mills, "I Want to Eat Sun Bear," International Wildlife. (January/February 1991): 41 (hereinafter "Sun Bear").

5 Amendments to Appendices I and II to CITES at COP8, proposal for the Inclusion of Ursus Americanus in Appendix II at 2.22.

6 Bears of the World, supra note 2, 6.

7 Milking the Bear Trade, supra note 2, 43.

8 Milking the Bear Trade, supra note 2, 45.

9 G. Turbak, "Getting Along with Griz." Wildlife Conservation Magazine, (November/December 1993): 48.

10 Ibid.

11 Ibid.

12 Bears of the World, supra note 2, 1.

13 I.M. Cowan, "The Status and Conservation of Bears (Ursidae) of the World" ­p; 1970. Int. Conf. Bear Res. and Manage. 2:343­p;367, 1972 (as cited in Bears of the World, supra note 2, 1).

14 Bears of the World, supra note 2, 1­p;2.

15 R.M. Nowak, Mammals of the World, 5th ed., vol. 2. (Baltimore: The Johns Hopkins University Press, 1991).

16 Bears of the World, supra note 2, 1­p;2.

17 "Getting Along with Griz," supra note 9, 79.

18 Bears of the World, supra note 2; J. Mills and C. Servheen, The Asian Trade in Bears and Bear Parts. World Wildlife Fund USA, 1991 (hereinafter Asian Trade in Bears).

19 Bears of the World, supra note 2, 6.

20 Proposal to include in CITES' Appendix II all populations of Ursus arctos not included in Appendix I or II, submitted by Denmark at CITES COP8, March 1992.

21 Bears of the World, supra note 2.

22 Bears of the World, supra note 2, 9.

23 Asian Trade in Bears, supra note 18, 67.

24 Author communications with anonymous Thai source, 1991.

25 A.J. Rice, A Bear's Right to Dine. City?: Profile Press, 1992.

26 "Farm Raising Wildlife for Sale to Restaurants Raided," The Bangkok Post, 3 July 1991; "Wildlife Farm Seen as Part of Wide Network," The Bangkok Post, July 1991.

27 Ibid.

28 "Sun Bear," supra note 4.

29 Asian Trade in Bears, supra note 18, 28.

30 Ibid.

31 A. DeStefano, Title unknown, Wall Street Journal, 6 February 1985.

32 "52 Arrested for Illegal Trafficking in Black Bear Body Parts," Las Vegas Sun, 2 March 1988.

33 "NY Detectives Link Killing to Bogus Bear Bladders," Washington Times, 6 November 1991.

34 "New England Poaching Ring Smashed; 11 Suspects Arrested," Union­p;News, 18 March 1989.

35 D. Williams, 199__? "Bears Under Seige," News Sentinel, Knoxville, Tennessee, 29 March.

36 "20 Seized for Big Game Poaching After Three­p;Year Operation in Nine States," New York Times, 5 October 1984.

37 Supra note 32.

38 California Department of Fish and Game news release, undated.

39 M. Cone, "Man Arrested for Allegedly Trafficking in Bear Parts," Los Angeles Times, 24 June 1994.

40 C. J. Poten, "A Shameful Harvest; America's Illegal Wildlife Trade," National Geographic, September 1991, 112.

41 G. Martin, "State Can't Keep Up with Boom in Poaching," San Francisco Chronicle, 29 November 1993.

42 W.M. Au Yeung, An Assessment of Trade in Bear Parts Between North America and Hong Kong (hereinafter Assessment of Trade). Natural Resources Institute, University of Manitoba, February 1992, 77.

43 B. Turnbull, "Bears Die to Supply Herbal Market," The Toronto Star, 24 January 1992, A1.
44 Ibid.

45 IUCN Analyses of Proposals to Amend the CITES Appendices at COP8, Kyoto Japan, 2­p;13 March 1992, 54 (hereinafter IUCN Analyses).

46 Ibid.

47 Daniel J. Catt, Park Planning Coordinator, Kootenay National Park, British Columbia, personal communication with author (10 August 1994).

48 Jim Deckard, wildlife documentary maker, personal communication with author (15 April 1994).

49 Ibid.; Joe Campbell, personal communication with author (1 July 1994).

50 Supra note 48.

51 Debra Rose, TRAFFIC USA, facsimile to author (21 July 1994).

52 Ibid.

53 R. Cole, "Asian Gangs May Be Biggest Threat," China News, 2 July 1994.

54 E. Sievers, Russian "Perestroika" Creates Slaughter on Kamchatka, unknown source, no date.

55 Ibid.

56 Ibid.

57 Ibid.

58 Deckard, supra note 48.

59 Asian Trade in Bears, supra note 18, 8.

60 Wang Sung, personal communication with author (16 May 1994).

61 Bears of the World, supra note 2, 3.

62 Law of Wild Animal Protection of the Peoples Republic of China, adopted 8 November 1988, effective 1 March 1989. The Conservation Atlas of China, Beijing: Science Press, Distribution of Endangered Rare Animals of China, 76­p;77.

63 "Asiatic Black Bear Population and Habitat Viability Assessment," workshop briefing book for a Formosan black bear PHVA, Taipei, Taiwan, 14­p;16 June 1994 (hereinafter "Viability Assessment"). PRC Proposal to Register Breeding Asiatic Black Bear in Captivity and Bile Drainage for Commercial Trade. Proponents are the PRC and the Deer Farm of Sichuan Provincial Chinese Traditional Medicine Corporation. The proposal was not submitted for consideration at COP9 of CITES.

64 On November 12, 1992, the World Wildlife Fund (WWFUS) and the National Wildlife Federation (NWF) formally petitioned the U.S. Department of the Interior (DOI) to invoke the Pelly Amendment to the Fishermen's Protective Act of 1967. The two organizations wanted DOI to "certify" to the President that citizens of Taiwan and China, along with South Korea and Yemen, were "engaging in trade or taking which diminishes the effectiveness of an international program for [the protection of] endangered or threatened species," in this case, CITES. The petition was filed specifically for the four nations' roles in the rhino horn trade. In November of 1993 DOI Secretary Bruce Babbitt added tigers to the petition. Secretary Babbitt "certified" Taiwan and China on September 7 and, almost a year and a half after the Pelly petition was filed, on April 11 President Clinton announced a prohibition on imports of wildlife specimens and products from Taiwan-but not China. During the entire Pelly process, CITES also threatened to suspend trade in all CITES­p;listed wildlife with Taiwan and China.

65 Text of an English­p;language handout of a December 22, 1993 press conference titled The Great Efforts Made by China in the Establishment of Wildlife Paradise and Conservation of the World's Endangered Species (hereinafter "Great Efforts"), para. 6.

66 L. Kaye, "Disorder Under Heaven," Free China Review, and three other stories concerning law and order in the PRC, 9 June 1994, 22­p;30; D. Biers, "Beijing Losing Grip as Graft, Vice Soar," China Post, 23 April 1994.

67 "Sun Bear," supra note 4, 40.

68 Ibid.

69 D. Melville, "Wildlife Trade-Hong Kong Is Still China's Back Door?," About Life, WWF Hong Kong, Spring 1994, 8.

70 Bones of Contention, Part 2; The Tiger Trade Continues. Report by the Tiger Trust (July 1993), 4.

71 "Commercial Raising Saves Bears," Beijing Review, 7­p;13 March 1994, 34.

72 Asian Trade in Bears, supra note 18, 12.

73 "Commercial Raising Saves Bears," supra note 71.

74 "Great Efforts," supra note 65, section on "Captive Bears," para. 29.

75 IUCN Analyses of Proposals to Amend the CITES Appendices at COP8, Kyoto, Japan, 2­p;13 March 1992, 55.

76 "Commercial Raising Saves Bears," supra note 71.

77 Jill Robinson, IFAW, personal communication with author, 12 August 1994.

78 P. Knights, "Doom in the Marketplace," Defenders (Winter 1993/94): 27.

79 Ibid.

80 "Commercial Raising Saves Bears,"supra note 71.

81 "Great Efforts," supra note 65, para. 29.

82 Asian Trade in Bears, supra note 18, 31.

83 "Zhang's" real name is not being used.

84 "Viability Assessment," supra note 63, 2.2.4.

85 Asian Trade in Bears, supra note 18, 13.

86 Names of bear farms and the pharmaceutical factories that process bile are slightly confusing. It may be that some farms and processing centers are separate entities. To the best of our knowledge the Ruili Pharmaceutical Factory houses bears and processes extracted bile.

87 Bears of the World, supra note 2, 9.

88 Proposal submitted by Denmark for the Inclusion in Appendix II of all populations of Ursus arctos not included in Appendix I or II, 43. submitted at COP8, Kyoto, Japan, March 1992.

89 T. Domico and M. Newman, "Asian Black Bears: Moon Bear in the Mountains," in Bears of the World, no date, 120.

90 Bears of the World, supra note 2, 9.

91 Asian Trade in Bears, supra note 18, 12.

92 Ibid.

93 Trip report of a joint IFAW/Earthcare investigation in Chengdu, 31 October­p;2 November 1993 (hereinafter "Chengdu Investigation").

94 Asian Trade in Bears, supra note 18, 12.

95 E.B. Martin, "Report on the Trade in Rhino Products in Eastern Asia and India," Pachyderm, no. 11 (1989) 14.

96 S. Galster, "The Illegal Rhino Horn Trade: The Case for Sanctions Against Taiwan and China; The Need for New Enforcement Action in Hong Kong." An EIA, World Society for the Protection of Animals (WSPA) report to the CITES Standing Committee, 6 September 1993, inside cover page.

97 Wang Sung, personal communication with author (16 May 1994).

98 Bears of the World, supra note 2, 9.

99 Ibid.

100 Asian Trade in Bears, supra note 18, 11.

101 Ibid.

102 J. Low, "The Smuggling of Endangered Wildlife Across the Taiwan Strait," TRAFFIC International and TRAFFIC USA, 1991, 22.

103 "Chengdu Investigation," supra note 93.

104 Nigel Hicks, personal communication with author (20 February 1994).

105 N. Wang, "Taking Steps to Save Our Wildlife," China Daily, 9 November 1988.

106 "Black Bears Saved from Cooking Pots," Reuters, 17 April 1993.

107 IFAW report of an October 1993 visit to the Wei Zhou Technology Development Centre for Bears.

108 IFAW trip report on a visit to Nan Ping Bear Farm, 17 April 1993.

109 Jill Robinson, personal communication with author (6 June 1994).

110 "Foreigner Angered by the Bile Extraction Method" (in Chinese­p;Mandarin). No source, no date.

111 Ibid.

112 "Commercial Raising Saves Bears," supra note 71.

113 A. Lau, C. Ngai, and D. Melville, "Study on Bear Gall Bladders for Sale in Hong Kong," TRAFFIC Bulletin, vol. 14, no. 2. (1994): 60.

114 E.O. Espinoza, J.A. Shafer, and L.R. Hagey, "International Trade in Bear Gall Bladders: Forensic Source Inference," Journal of Forensic Sciences, 38, no. 6 (November 1993): 1363­p;1371 (hereinafter "International Trade"). Results showed that the main bile acids in farmed bears consist of ursodeoxycholyl­p;taurine, chenodeoxycholyl taurine and little or no cholyl­p;taurine while cholyl­p;taurine is present in much higher levels in wild bears. No wild Asiatic black bear gall bladders were available for the study and suspected farmed bear gall bladders were compared against four other species, the polar, grizzly, North American black and unknown NA bears.

115 Asian Trade in Bears, supra note 18, 12.

116 IUCN Analyses, supra note 45, 55.

117 E. B. Martin and L. Vigne, "Taiwan: The Greatest Threat to the Survival of Africa's Rhinos," Pachyderm, no. 11 (1989): 23­p;25.

118 "Chinese tiger slaughtered; auctioned off in Pingtung," China Post, 27 January 1986; "The Market for Tiger Products on Taiwan: A Survey," Earthtrust (January 1993).

119 "Five Accused of Whale Meat Smuggling," Yomiuri Daily (Tokyo), 7 March 1985; unpublished Earthtrust reports from 1985.

120 L. Petrucelli, "Banned: Driftnetting's Wanton Slaughter," Earth Journal (Fall 1993): 25­p;28.

121 While detailed information on the illegal harvest of the giant mollusc by Taiwanese nationals isn't available, two separate guide books and anecdotal information provided by divers frequenting Palau and neighboring islands point to poaching by Taiwanese nationals as the main reason for the giant clam's decline.

122 C.K. Chang, "Rare Animals Popular with Pet Lovers," Deutsche Presse­p;Agentur, 22 June 1992.

123 Baby Kong was one of three gorillas dubbed the "Taiwan Three." (Taiwanese media reports at the time claimed there were four). The trio were shipped out of Cameroon to Taiwan in 1987 by notorious gorilla smuggler Walter Sensen. Only Baby Kong survived the flight from Cameroon to Zaire and, eventually, air travel to Taiwan. Source: IPPL Primate Infractions 1989­p;1992.

124 C.J. Chang, "Against Free Trade ­p; In Wild Animals," Sinorama (August 1987).

125 Wildlife Conservation Law (Law No. l­p;3266), 23 June 1989, Taiwan ROC.

126 The Council of Agriculture is one of a number of commissions subordinate to the Executive Yuan. Within the Council of Agriculture, the Forestry Department's Resources Conservation Division is responsible for all wildlife conservation matters.

127 "Results of Species Proposals ­p; CITES 1992." The brown bear had already received total protection under Taiwan's WCL so this particular addition meant little in terms of bringing all bears under regulation to do away with the "look­p;alike" problem present in bear gall bladders.

128 "Rhino Horn Toting Princess Out on Bail," China News, 29 September 1993. Numerous other articles also appeared in the China Post and China News.

129 "Princess Jailed for Smuggling," China News, 19 March 1994, front page. As of 1 September 1994 a verdict on the appeal had not yet been handed down.

130 Hong Guang­p;xun, former Taoyuan District Prosecutor, personal communication with author (20 May 1994).

131 Meeting with DOH Special General Chang Hong­p;jen and other DOH personnel on 18 August 1994. A notice banning medicinal use of Appendix I bear gall bladders has yet to be issued because of the difficulty in identifying bear galls by species and because of the loophole created by Ursus americanus not being listed on the WCL.

132 "Study on Bear Gall Bladders for Sale in Hong Kong," supra note 113, 59.

133 Chiang Shuang­p;mei, DOH Section Chief, Bureau of Pharmaceutical Affairs, personal communication with author, 18 August 1994.

134 Supra note 64. The limited import restrictions, on wildlife goods, announced by President Clinton on April 11 represent a potential annual loss of approximately $25 million dollars in trade, a drop in the bucket of Taiwan's overall exports to the United States, worth $23.48 billion dollars in 1993.

135 "Rhinoceros & Tiger Conservation in Taiwan, ROC." A report published by the Council of Agriculture, Executive Yuan (October 1993), 29 and 30.

136 Ibid., 33. (By September 1993 out of 4,368 traditional Chinese medicine pharmacies inspected, only eight violations were noted.)

137 Two studies conducted by Earthtrust Taiwan, in 1992 and 1994, showed that tiger bone (or what pharmacists purported to be tiger bone) was available in roughly 60 percent of 141 pharmacies surveyed. The Environmental Investigation Agency obtained similar results in several surveys concerning rhino horn availability in 1993 and, most recently, in February 1994.

138 C. Bodheen, "Chien, Sun Urged to Resign," China Post, 14 May 1994, other local media.

139 MJIB case history document detailing investigations conducted in 1993/4 (in Chinese), undated.
140 Ibid.

141 "Customs Man Charged in Ivory Smuggling," Japan Times, 17 May 1990.

142 "Customs Agents Jailed in Smuggling Caper," China Post, 20 March 1993.

143 "CKS Customs in Work­p;to­p;Rule," China News, 14 August 1993.

144 Legislator Hsu Tain­p;tsai and members of the Ecological Alliance, a consortium of Taiwanese conservation NGOs, personal communication with author, February 1994.

145 U.S. Federal Register, vol. 59, no. 37, 24 February 1994, 8,998­p;9,000.The other organizations are: Animal Welfare Institute, Society for Animal Protective Legislation, Defenders of Wildlife, International Primate Protection League, and World Society for the Protection of Animals. The petition covers trade in Appendix I bears, three species of leopard, gibbons and orangutans.

146 K. Highley and S. Highley, Taiwan Survey: The Tiger Bone Trade, (February 1994); K. Highley, "The Market for Tiger Products on Taiwan: A Survey." A report by Earthtrust (January 1993).

147 Asian Trade in Bears, supra note 18.

148 C.J. Chang, "Don't 'Pet' the Animals," Sinorama (May 1990).

149 Rare Animals, supra note 122.

150 Asian Trade in Bears, supra note 18, 49.

151 Pei Jia­p;qi, personal communication with author, 10 July 1994.

152 Wang Ying, personal communication with author, 15 June 1994.

153 J.L. Chang, "Bear Dies Brings Chinese Medicine Business," United Daily News, 26 April 1994.

154 Y.S. Ta, "A Meal Fit for the Emperor," China Post, December 1992.

155 "The Market for Tiger Products on Taiwan," supra note 146, 8.

156 Assessment of Trade, supra note 42, 28.

157 Republic of China Yearbook, 1993, Tourism section. ROC Government Information Office, 444.

158 Ibid.

159 L. Kaye, "Disorder Under Heaven," Far Eastern Economic Review (9 June 1994): 23.
160 C. Goldstein, "Cuisine and Cure: Brisk Trade in Wild Animals for Food and Medicine," Far Eastern Economic Review (9 August 1993): 26.

161 G. Hoff, "The Wildlife Graveyard," Taiwan Church News (1990).

162 "The Black Market Wildlife Trade in Vietnam." A report by Earth Island Institute's Endangered Species Project (1993).

163 R.L. Chen, "All the Bears No Longer Have Paws," China Post, 8 June 1994.

164 C. Ling, "Bureau: Stop All Wildlife Eating Tours," China News, 9 June 1994.

165 Leonie Vejjajiva of the Thailand Wild Animal Rescue Foundation (WAR), letter to author, 29 June 1994.

166 P.P.H. But, L.C. Lung, and Y.K. Tam, "Ethnopharmacology of Rhinoceros Horn. I: Antipyretic Effects of Rhinoceros Horn and Other Animals Horns," Journal of Ethnopharmacology 30 (1990): 165­p;166.

167 Assessment of Trade, supra note 42, 26, citing L.B.Kan, "Introduction to Chinese Medical Literature," Bulletin of the Medical Library Association, vol. 53, no. 1 (January 1965).
168 H.Y. Hsu, Oriental Materia Medica: A Concise Guide, Oriental Healing Arts Institute of the United States (1986) 4.

169 "The Herbal Alternatives to Bear Bile in Chinese Medicine," IFAW Report, written by the Association of Chinese Medicine and Philosophy and the Earth Care Society of Hong Kong (1994) (hereinafter Herbal Alternatives).

170 D. Bensky and A. Gamble, Chinese Herbal Medicine Metaria Medica, (Seattle: Eastland Press, 1986) 91 (hereinafter Chinese Herbal Medicine).

171 Oriental Materia Medica, supra note 168, 129.

172 S. Dharmananda, "Chinese Patent Formulas," in Chinese Herbal Patent Formulas: A Practical Guide. (Boulder, Colo., 1986) 43.

173 Chinese Herbal Medicine, supra note 170.

174 Oriental Materia Medica, supra note 168, 129.

175 Herbal Alternatives, supra note 169, 31­p;32.

176 Assessment of Trade, supra note 42, 30.

177 H.Y. Hsu, Treating Cancer with Chinese Herbs, Oriental Healing Arts Institute (1982) 309.
178 "International Trade," supra note 114, 1364.

179 Asian Trade in Bears, supra note 18, 76, citing A.C. MacDonald and C.N. Williams, "Studies of Bile Lipids and Bile Acids of Wild North American Black Bears in Nova Scotia, Showing a High Content of Ursodeoxycholic Acid," J. Surg. Res, 38 (1985): 173­p;179.

180 Herbal Alternatives, supra note 169, 34­p;88.

181 Chinese Herbal Medicine, supra note 170, 92.

182 Asian Trade in Bears, supra note 18, 76.

183 Ibid.

184 Herbal Alternatives, supra note 169, 12.

185 Asian Trade in Bears, supra note 18, 49.

186 Peter Knights, personal communication with author, 15 March 1994.

187 "Asiatic Black Bear Population & Habitat Viability Assessment Workshop," Taipei, Taiwan, 14­p;16 June 1994.

188 Assessment of Trade, supra note 42, 80.

189 Taiwan Department of Health, June 1994.

190 Asian Trade in Bears, supra note 18, 52.

191 Asian Trade in Bears, supra note 18, 28.

192 Asian Trade in Bears, supra note 18, 67.

193 Y. Yuan, "The Rhino Redressed," Free China Review, vol. 44, no. 8 (August 1994) 36.

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