[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 73-80]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32271]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 23
RIN 1018-AD07
Changes in List of Species in Appendices to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) regulates international trade in certain
animals and plants. Species for which such trade is controlled are
listed in Appendices I, II, and III to CITES.
This document announces decisions by the Conference of the Parties
to CITES on amendments to Appendices I and II, and repeats a previous
opportunity (59 FR 55617) to comment on whether the United States
should enter reservations on any of the amendments. The effect of a
reservation would be to exempt this country from
[[Page 74]] implementing CITES for a particular species. However, even
if a reservation were taken, many importing countries would require
comparable documents, and many importers to the United States would be
required, under the Lacey Act Amendments of 1981, to obtain permits
issued by foreign countries. The CITES amendments to Appendices I and
II described in this document will enter into effect on February 16,
1995.
DATES: The amendments to Appendices I and II adopted at the recent
meeting of the Conference of the Parties become effective 90 days after
their adoption under terms of CITES and therefore are enforceable as of
February 16, 1995. The Service will consider all comments received by
January 17, 1995 in determining whether the United States should enter
any reservations.
ADDRESSES: Please send correspondence concerning this document to the
Office of Scientific Authority; Mail Stop; Arlington Square, room 725;
U.S. Fish and Wildlife Service; Washington, DC 20240 (FAX number 703-
358-2276). Express and messenger-delivered mail should be addressed to
the Office of Scientific Authority; room 750, 4401 North Fairfax Drive;
Arlington, Virginia, 22203. Comments and materials received will be
available for public inspection, by appointment, from 8 a.m. to 4 p.m.,
Monday through Friday, at the Arlington, Virginia, address.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Office of Scientific Authority, U.S. Fish and
Wildlife Service, Washington, DC 20240, telephone (703) 358-1708.
SUPPLEMENTARY INFORMATION:
Background
CITES regulates import, export, reexport, and introduction from the
sea of certain animal and plant species. Species for which the trade is
controlled are included in three Appendices. Appendix I includes
species threatened with extinction that are or may be affected by
trade. Appendix II includes species that, although not necessarily now
threatened with extinction, may become so unless trade in them is
strictly controlled. It also lists species that must be subject to
regulation in order that trade in other currently or potentially
threatened species may be brought under effective control (e.g.,
because of difficulty in distinguishing specimens of currently or
potentially threatened species from those of other species). Appendix
III includes species that any Party identifies as being subject to
regulation within its jurisdiction for purposes of prevention or
restricting exploitation, and for which it needs the cooperation of
other Parties to control trade.
Any Party may propose amendments to Appendices I and II for
consideration at meetings of the Conference of Parties. The text of any
proposal must be communicated to the CITES Secretariat at least 150
days before the meeting. The Secretariat must then consult the other
Parties and appropriate intergovernmental agencies, and communicate
their responses to all Parties no later than 30 days before the
meeting.
Recent Decisions
The ninth meeting of the Conference of Parties to CITES (COP9) was
held on November 7-18, 1994, in Fort Lauderdale, Florida. At the
meeting, the Parties considered 79 different animal proposals and 42
different plant proposals to amend the Appendices. These were described
in the Federal Register on November 4, 1994, for proposals submitted by
the United States (59 FR 55235), and on November 8, 1994, for proposals
by other Parties (59 FR 55617). All proposed amendments were discussed
and decided on by Committee I during the Conference, with each
accredited attending Party having one vote. Amendments were adopted by
a two-thirds majority of the Parties present and voting or by
consensus. Action by Committee I was accepted by the Plenary Session
unless one-third of the Parties voting expressed the desire to reopen
discussion on any species proposal. Debate was reopened only on the
proposal by India to list Pterocarpus santalinus, a tree known commonly
as redsanders, on Appendix II. The proposal had been one vote short of
the required two-thirds majority for acceptance by Committee I. The
Parties reversed that decision in Plenary Session.
The Parties also accepted a report by the Nomenclature Committee, a
draft of which was described briefly in 59 FR 55617. The adoption of
the recommendations of this report will result in some changes in the
scientific names and/or listing sequences of animals and possibly
plants listed in Appendices I, II, and III. These changes result
primarily from a completed review of taxa listed in Appendix I prior to
adoption of the Berne Criteria in 1977, or from the adoption of new
taxonomic references for certain animal or plant taxa. Although many of
these changes are taxonomically significant, their impact on
implementation and enforcement of CITES will be minimal. A copy of the
report of the Nomenclature Committee is available from the Office of
Scientific Authority (see Addresses). The Fish and Wildlife Service
(Service) will effect these taxonomic changes in the Final Rule
incorporating the amendments to Appendices I and II as decided at COP
9, and modified as necessary as a result of public comment on the
present notice, into Sec. 23.23 of title 50 of the Code of Federal
Regulations.
Results of actions by the Conference of Parties on the proposed
amendments are given in the table below:
------------------------------------------------------------------------
Proposed Final decision
Species amendment Proponent of the parties
------------------------------------------------------------------------
MAMMALS
Order Chiroptera:
Acerodon Transfer from II Philippines..... Approved.
jubatus to I.
(Golden-
capped fruit
bat).
Acerodon Transfer from II Philippines..... Approved with
lucifer to I. the annotation
(Panay giant ``possibly
fruit bat). extinct.''
Order Edentata:
Euphractus Add to II........ Chile........... Rejected.
spp.
(Armadillos).
Order Pholidota:
Manis spp. Add to II........ Switzerland..... Approved.
(Pangolins).
Manis Transfer from I Switzerland..... Approved.
temminckii to II.
(Cape
pangolin).
Order Rodentia:
Chinchilla Remove from I Chile........... Approved.
spp. (domesticated
(Chinchillas specimens in
). South America).
[[Page 75]]
Order Cetacea:
Balaenoptera Transfer from I Norway.......... Rejected.
acutorostrat to II (Northeast
a (Minke Atlantic and the
whale). North Atlantic
central stocks).
Order Carnivora:
Felis Transfer from I Switzerland..... Approved except
bengalensis to II (except for populations
bengalensis Chinese of India,
(Leopard population, Bangladesh, and
cat). which is already Thailand, which
on II). remain on
Appendix I.
Hyaena Transfer from I Switzerland..... Approved.
brunnea to II.
(Brown
hyena).
Conepatus Add to II........ Chile........... Withdrawn.
spp. (Hog-
nosed
skunks).
Ailurus Transfer from II Netherlands..... Approved.
fulgens (Red to I.
panda).
Order
Proboscidea:
Loxodonta Transfer from I South Africa.... Withdrawn.
africana to II (South
(African Africa's
elephant). population).
Loxodonta Transfer from I Sudan........... Withdrawn.
africana to II (Sudan's
(African population).
elephant).
Order
Perissodactyla:
Ceratotherium Transfer from I South Africa.... Approved as
simun simun to II (South amended to
(White Africa's incorporate new
rhinoceros). population). wording ``for
the sale of
live animals to
appropriate and
acceptable
destinations,
and hunting
trophies
only.'' The
down-listing
will be
reviewed at
COP10.
Order
Artiodactyla:
Megamuntiacus Add to I......... Vietnam......... Approved.
vuquanghensi
s (Giant
muntjac).
Pseudoryx Add to I......... Denmark......... Approved.
nghetinhensi
s (Vu Quang
Ox).
Saiga Add to II........ United States... Approved as
tatarica amended to
(Saiga include the
antelope). entire species,
Saiga tatarica
in Appendix II
Saiga Add to I......... United States... Rejected.
tatarica
mongolica
(Saiga
Antelope).
Ovis vignei Interpret listing United States... Withdrawn
(Urial on Appendix I of (referred to
sheep). Ovis vignei to the Animals and
include only O. Nomenclature
v. vignei, and Committees for
add other further study).
subspecies of
Ovis vignei to
Appendix II.
Vicugna Transfer from I Peru............ Approved.
vicugna to II (remaining Approval
(Vicuna). Peruvian includes
Appendix I authority to
populations). trade in wool
from sheared,
live vicunas
and authority
to sell 3249
kilograms of
stockpiled
wool.
Vicugna Amend annotation Chile........... Approved.
vicugna for Appendix II
(Vicuna). populations to
allow the trade
in wool sheared
from live
vicunas.
Hippopotamus Add to II........ Belgium, Benin, Approved.
amphibius and France.
(Hippopotamu
s).
BIRDS
Order
Apterygiformes:
Apteryx spp. Add to I......... New Zealand..... Rejected.
(Kiwis).
Order
Tinamiformes:
Rhynchotus Remove from II... Uruguay......... Approved.
rufescens
maculicollis
(Red-winged
tinamou).
Rhynchotus Remove from II... Uruguay......... Approved.
rufescens
pallescens
(Southern
red-winged
tinamou).
Rhynchotus Remove from II... Uruguay......... Approved.
rufescens
rufescens
(Western red-
winged
tinamou).
Order
Anseriformes:
Anas Transfer from II New Zealand..... Approved within
aucklandica to I. the Appendix I
(currently listing of the
listed as species. Anas
Anas aucklandica.
aucklandica
aucklandica.
Anas Transfer from II New Zealand..... Approved within
chlorotis to I. the Appendix I
(currently listing of the
listed as species. Anas
Anas aucklandica.
aucklandica
chlorotis).
Anas nesiotis Retain in I...... New Zealand..... Approved within
(currently the Appendix I
listed as listing of the
Anas species. Anas
aucklandica aucklandica.
nesiotis .
Order
Galliformes:
Xenoperdix Add to I......... Denmark......... Withdrawn.
(Udzungwa
forest
partridge).
Order Gruiformes:
Balearica Transfer from II Netherlands..... Withdrawn.
pavonina to I.
(Black-
crowned
crane).
Order
Psittaciformes:
Cacatua Transfer from I Indonesia....... Withdrawn.
goffini to II.
(Goffin's
cockatoo).
Eos histrio Transfer from II Indonesia....... Approved.
(Red and to I.
blue lory).
[[Page 76]]
Cyanoramphus Transfer from II New Zealand..... Withdrawn.
malherbi to I. Review of
(Orange- status referred
fronted to the Animals
parakeet). Committee.
Cyanoramphus Transfer from I New Zealand..... Withdrawn.
novaezelandi to II.
ae (New
Zealand or
Red-crowned
parakeet.
Psittacus Transfer from I United Kingdom.. Approved.
erithacus to II.
princeps
(African
gray parrot).
Psittacus Retain in I in United Kingdom.. Withdrawn.
erithacus lieu of
(Sao Tome/ Psittacus
Principe erithacus
populations princeps.
of African
gray parrot).
Order
Cuculiformes:
Musophagidae Add to II........ Netherlands..... Approved as
spp. amended from
(Turacos). Musophagidae
spp. to all
Tauraco spp.
Order
Apodiformes:
Collocalia Add to II........ Italy........... Withdrawn. (A
spp. (Edible- resolution to
nest sponsor a
swiftlets. workshop on
sustainable use
of edible-nest
swiftlets was
approved).
Order
Passeriformes:
Agelaius Add to I......... Uruguay......... Approved.
flavus
(Saffron-
cowled
blackbird).
REPTILES
Order Crocodylia:
Melanosuchus Transfer from I Ecuador......... Approved with
niger (Black to II (Ecuador's zero export
caiman). population quota for 2
pursuant to years and
Conf. 3.15 on review by the
ranching. IUCN Crocodile
Specialist
Group after 2
years.
Crocodylus Change basis of Madagascar...... Approved. Under
niloticus maintenance of Conf. 7.14,
(Nile Malagasy with export
crocodile). population on II quotas of
from Conf. 7.14 ranched animals
to Conf. 3.15. set at 4,500 in
1995, and 5,000
in 1996 and
1997. An
additional
export quota of
200 nuisance
animals per
year was also
approved.
Crocodylus Change basis of South Africa.... Approved.
niloticus maintenance of
(Nile South Africa's
crocodile). population on II
from Conf. 7.14
to Conf. 315.
Crocodylus Transfer from II Switzerland..... Approved for
niloticus to I (Madagascar Somalia
(Nile and Somalia population.
crocodile). populations). Proposal for
Madagascar
population
withdrawn.
Crocodylus Maintain in II Tanzania........ Approved as
niloticus with significant amended to
(Nile increase in allow harvest
crocodile). export quota quotas of 1,000
pursuant to per year for
Conf. 7.14. 1995 and 1996,
plus an
additional 100
per year for
sport trophies
from 1995-1997.
Quota for 1997
to be
determined by
the Secretariat
in consultation
with the IUCN
Crocodile
Specialist
Group.
Crocodylus Change basis of Indonesia....... Approved.
porosus maintenance of Approval based
(Saltwater Indonesian on Indonesia's
crocodile). population on II self-imposed
from Conf. 7.14 zero export
to Conf. 315. quota until
their ranching
programs are
inspected and
approved by the
IUCN Crocodile
Specialist
Group and the
Secretariat.
Crocodylus Transfer from II Switzerland..... Withdrawn.
porosus to I (Indonesian
(Saltwater population).
crocodile).
Crocodylus Change basis of Australia....... Approved.
porosus maintenance of
(Saltwater Australian
crocodile). population on II
from Conf. 3.15
to Conf. 1.2.
Order
Testudinata:
Lissemys Add to II........ Switzerland..... Approved.
punctata
Indian flap-
shell
turtle).
Lissemys Remove from I.... Switzerland..... Approved.
punctata
Indian flap-
shell
turtle).
Terrapene Add to II (retain Netherlands, Approved.
spp. (Box T. coahuila in United States.
turtles). I).
Testudo Transfer from II Egypt........... Approved.
kleinmanni to I.
(Egyptian
tortoise).
Order
Rhynchocephalia:
Sphenodon Add to I......... New Zealand..... Approved, as
spp. Sphenodon spp.
(Tuataras)
or Sphenodon
quntheri
(Brother's
Island
tuatara).
Order Sauria:
Phymaturus Add to II........ Chile........... Rejected.
flagellifer
(Racerunner
lizard).
[[Page 77]]
Pristidactylu Add to II........ Chile........... Withdrawn.
s alvaro.
Pristidactylu Add to II........ Chile........... Withdrawn.
s torquatus.
Pristidactylu Add to II........ Chile........... Withdrwan.
s valeriae.
Pristidactylu Add to II........ Chile........... Withdrawn.
s
volcanensis.
Callopistes Add to II........ Chile........... Withdrawn.
pallum.
Varnus Transfer from I Bangladesh...... Withdrawn
bengalensis to II
(Indian (Bangladesh
monitor). population).
Varanus Transfer from I Bangladesh...... Withdrawn.
flavescens to II
(Yellow (Bangladesh
monitor). population.
AMPHIBIANS
Order Anura:
Bufo Add to I......... Netherlands..... Approved.
periglenes
(Monte Verde
or Golden
toad).
Mantella Add to I Netherlands and Approved
aurantiaca (Netherlands, Germany. (inclusion in
(Malagasy Add to II Appendix II).
golden frog). (Germany).
FISH
Order
Osteoglossiforme
s:
Scleropages Transfer from II Indonesia....... Approved.
formosus to I (Indonesian
(Asian population).
bonytongue).
Scleropages Transfer from II Switzerland..... Withdrawn.
formosus to I (Indonesian
(Asian population).
bonytongue).
MOLLUSCS
Charonia Add to II........ Austalia........ Withdrawn.
tritonis
(Giant
triton).
Placostylus Add to II (New New Zealand..... Withdrawn.
spp. (New Zealand
Zealand flax population).
snails).
Powelliphanta Add to II (New New Zealand..... Withdrawn.
spp. (New Zealand
Zealand land population).
snails).
INSECTS
Colophon spp. Add to I......... Netherlands..... Withdrawn.
(Cape stag
beetles).
ARACHNIDS
Brachypelma Add to II........ United States... Approved.
spp. (Red-
knee
tarantulas).
Pandinus Add to II........ Ghana........... Approved.
imperator
(Emperor
scorpion).
Pandinus Add to II........ Ghana........... Approved.
gambiensis
(scorpion).
Pandinus Add to II........ Ghana........... Approved.
dictator
(scorpion).
PLANTS
Family
Apocynaceae:
Pachypodium Transfer from II Madagascar & Approved.
ambongense. to I. Switzerland.
P. brevicaule Transfer from I Madagascar & Approved. No
to II. Switzerland. adult wild
plants to be
exported before
COP10 (in
1997).
P. namaquanum Transfer from I Switzerland..... Approved.
to II.
Family Araceae:
Alocasia Remove from II... Switzerland..... Approved.
sanderiana.
Family
Balanophoraceae:
Dactylanthus Add to I......... New Zealand..... Rejected.
taylorii.
Family
Berberidaceae:
Berberis Add to II........ India........... Rejected.
aristata de
Candolle.
Family Cactaceae:
Astrophytum Transfer from I Mexico & Withdrawn.
asterias. to II. Switzerland.
Leuchtenbergi Transfer from I Mexico & Approved.
a principis. to II. Switzerland.
Mammillaria Transfer from I Mexico & Approved.
plumosa. to II. Switzerland.
Family Ebenaceae:
Diospyros mun Add to II........ Germany......... Withdrawn.
Family
Euphorbiaceae:
Euphorbia Transfer from II Madagascar & Approved.
cremersii. to I. Switzerland.
Euphorbia Transfer from I Madagascar & Approved.
primulifolia. to II. Switzerland.
Family
Gentianaceae:
Gentiana Add to II........ India........... Withdrawn.
kurroo.
Family
Leguminosae
(Fabaceae):
Dalbergia Add to II........ Germany: Kenya.. Both proposals
melanoxylon. withdrawn.
Pterocarpus Add to II........ India........... Approved, with
santalinus. amendment to
exclude
finished
musical
instruments,
formulations
and chemical
derivatives.
[[Page 78]]
Family Liliaceae:
Aloe Transfer from II Madagascar & Approved.
albiflora. to I. Switzerland.
Aloe alfredii Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe bakeri.. Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe Transfer from II Madagascar & Approved.
bellatula. to I. Switzerland.
Aloe Transfer from II Madagascar & Approved.
calcairophil to I. Switzerland.
a.
Aloe Transfer from II Madagascar & Approved.
compressa to I. Switzerland.
(inc. var.
rugosquamosa
and var.
schistophila
).
Aloe Transfer from II Madagascar & Approved.
delphinensis. to I. Switzerland.
Aloe Transfer from II Madagascar & Approved.
descoingsii. to I. Switzerland.
Aloe fragilis Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe Transfer from II Madagascar & Approved.
haworthioide to I. Switzerland.
s (inc. var.
aurantiaca).
Aloe helenae. Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe laeta Transfer from II Madagascar & Approved.
(inc. var. to I. Switzerland.
maniensis).
Aloe Transfer from II Madagascar & Approved.
paralleliofo to I. Switzerland.
lia.
Aloe parvula. Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe rauhii.. Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe suzannae Transfer from II Madagascar & Approved.
to I. Switzerland.
Aloe vera Remove from II... Switzerland..... Approved, with
(syn. A. problems
barbadensis). referred to
Plants
Committee.
Aloe Transfer from II Madagascar & Approved.
versicolor. to I. Switzerland.
Colchicum Add to II........ India........... Withdrawn.
luteum.
Family Meliaceae:
Entandrophgra Add to II........ Germany......... Withdrawn.
gma spp.
Khaya spp.... Add to II........ Germany......... Withdrawn.
Swietenia Add to II........ Netherlands..... Rejected, as
macrophylla amended at COP9
in the to read
neotropics, ``including
incl. natural hybrids
natural with S.
hybrids with humilis, and
S. humilis, excluding all
and sic with parts and
S. mahagoni. derivatives
except logs,
sawn wood,
veneer sheets
and plywood
sheets.''
Family
Orchidaceae:
Cattleya Transfer from I Switzerland & Approved.
skinneri. to II. Mexico.
Cypripedium Transfer from II India........... Rejected.
cordigerum. to I.
Cypripedium Transfer from II India........... Rejected.
elegans. to I.
Cypripedium Transfer from II India........... Rejected.
himalaicum. to I.
Cypripedium Transfer from II India........... Rejected.
tibeticum. to I.
Dendrobium Transfer from II Thailand........ Approved.
cruentum. to I.
Didiciea Transfer from I Switzerland..... Approved.
cunninghamii. to II.
Lycaste Transfer from I Switzerland & Approved.
skinneri to II. Mexico.
var. alba.
Family
Polygonaceae:
Rheum Add to II........ India........... Withdrawn.
australe.
Family
Ranunculaceae:
Aconitum Add to II........ India........... Withdrawn.
deinorrhizum.
Aconitum Add to II........ India........... Withdrawn.
ferox.
Aconitum Add to II........ India........... Withdrawn.
heterophyllu
m.
Coptis teeta. Add to II........ India........... Withdrawn.
Family Rosaceae:
Prunus Add to II........ Kenya........... Approved.
africana.
Family
Scrophulariaceae
:
Picrorhiza Add to II........ India........... Withdrawn.
kurrooa.
[[Page 79]]
Family Taxaceae:
Taxus Add to II........ India........... Approved with
wallichiana amendment to
(= T. exclude
baccata ssp. finished
wallichiana). pharmaceutical
products (i.e.,
end-point
medicines such
as taxol).
Family Theaceae:
Camellia Remove from II... Switzerland..... Withdrawn.
chrysantha.
Family
Thymelaeaceae:
Aquilaria Add to II........ India........... Approved.
malaccensis
(syn. A.
agallocha).
Family
Valerianaceae:
Nardostachys Add to II........ India........... Withdrawn.
grandiflora.
Parts and With respect to Germany......... Approved.
Derivatives Appendix II
Proposal. plant replace
the standard
exclusions.
``tissue cultures
and flasked
seedlings
cultures'' with
``seedling or
tissue cultures,
obtained in
vitro, in solid
or liquid media,
transported in
containers''.
------------------------------------------------------------------------
Consequences of Amendments to Appendices I and II
All proposals in the preceding table that were approved by the
Conference of the Parties will enter into effect 90 days after the
meeting (February 16, 1995) under terms of CITES. Article XV of CITES
enables any Party to exempt itself from implementing CITES for any
particular species, if it enters a reservation with respect to that
species. A Party desiring to enter a reservation must do so during the
90-day period immediately following the close of the meeting at which
the Parties voted to include the species in Appendix I or II. If the
United States should decide to enter any reservation, this action must
be transmitted to the Depositary Government (Switzerland) by February
16, 1995.
The Service now repeats its opportunity (see November 8, 1994,
Federal Register Notice) for public comment/recommendations concerning
reservations to be taken by the United States on any amendments to the
Appendices adopted by the Parties at COP9. Recommendations or comments
regarding reservations must be received by January 17, 1995, so that
the Secretariat can be informed by February 16, 1995. The Service
proposes not to recommend any reservations. It will consider doing so
only if evidence is presented to show that implementation of an
amendment would be contrary to the interests or law of the United
States. If the United States should enter any reservations, they will
be announced, along with a request for public comment, in a Federal
Register notice as soon as possible after the decisions are made. Any
reservations announced would be tentative, pending full consideration
of public comments.
Reservations, if entered, may do little to relieve importers in the
United States from the need for foreign export permits, because the
Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make it a Federal
offense to import into the United States any animals taken, possessed,
transported, or sold in violation of foreign conservation laws. If a
foreign country has enacted CITES as part of its positive law, and that
country has not taken a reservation with regard to the animal or plant,
or its parts or derivatives, the United States (even if it had taken a
reservation on a species) would continue to require CITES documents as
a condition of import. Any reservation by the United States would
provide exporters in this country with little relief from the need for
U.S. export documents. Importing countries that are party to CITES
would generally require CITES-equivalent documentation from the United
States, even if it enters a reservation, because the Parties have
agreed to allow trade with non-Parties (including reserving Parties)
only if they issue documents containing all the information required in
CITES permits or certificates. In addition, if a reservation is taken
on a species listed in Appendix I, the species should still be treated
by the reserving Party as in Appendix II according to Resolution Conf.
4.25, thereby still requiring CITES documents for export. The United
States has never entered a reservation to a CITES listing. It is the
policy of the United States that commercial trade in Appendix I species
for which a country has entered a reservation undermines the
effectiveness of CITES.
Note: The Department has determined that amendments to CITES
Appendices, which result from actions of the Parties to the
Convention, do not require the preparation of Environmental
Assessments as defined under authority of the National Environmental
Policy Act (42 U.S.C. 4321-4347). This rule was not subject to
Office of Management and Budget review under Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601) does not apply to this
listing process. The proposed adjustments to the list in 50 CFR
Sec. 23.23 are solely informational to provide the public with
accurate data on the species covered by CITES. The listing changes
adopted by the Parties will take effect on February 16, 1995, under
the terms of CITES. This proposed rule does not contain information
collection requirements that require approval by the Office of
Management and Budget under 44 U.S.C. 3501 et seq.
The Service finds that good cause exists to terminate the public
comment period on January 17, 1995, in order to provide the necessary
time to review and, if appropriate, act on any comments requesting the
entering of reservations. Any such reservations must be submitted to
the CITES Secretariat by February 16, 1995.
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Fish, Imports, Marine
mammals, Plants (agriculture), Treaties.
This document is issued under authority of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq. and 87 Stat. 884, as amended). It
was prepared by Drs. Charles W. Dane, Marshall A. Howe, and Bruce
MacBryde, Office of Scientific Authority.
Proposed Regulation Promulgation
The Service proposes to amend the list of species contained in
Sec. 23.23 of title 50 of the Code of Federal Regulations by
incorporating all changes in CITES Appendices I and II that were
approved by the Conference of the Parties, as set forth in the
supporting statement of the present notice and [[Page 80]] modified as
necessary to conform to recommendations contained in the approved
Report of the Nomenclature Committee.
Dated: December 16, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-32271 Filed 12-30-94; 8:45 am]
BILLING CODE 4310-55-P
