94-24513. Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Ninth Regular Meeting  

  • [Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-24513]
    
    
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    [Federal Register: October 4, 1994]
    
    
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    DEPARTMENT OF THE INTERIOR
    Fish and Wildlife Service
    
     
    
    Conference of the Parties to the Convention on International 
    Trade in Endangered Species of Wild Fauna and Flora; Ninth Regular 
    Meeting
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice.
    
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    SUMMARY: This notice sets forth summaries of the proposed United States 
    negotiating positions on agenda items and resolutions for the ninth 
    regular meeting of the Conference of the Parties (COP9) to the 
    Convention on International Trade in Endangered Species of Wild Fauna 
    and Flora (CITES). Comments or other relevant information concerning 
    these proposed negotiating positions are solicited. Public meetings to 
    discuss these proposed negotiating positions also have been held.
    
    DATES: The Fish and Wildlife Service (Service) will consider 
    information and comments received by October 19, 1994. in formulating 
    its final negotiating positions.
    
    ADDRESSES: Comments should be sent to the Director, U.S. Fish and 
    Wildlife Service, c/o Marshall P. Jones, Chief, Office of Management 
    Authority, 4401 N. Fairfax Drive, Room 420-C, Arlington, VA 22203.
    
    FOR FURTHER INFORMATION CONTACT: Marshall P. Jones or Susan S. 
    Lieberman, Office of Management Authority, at the above address; 
    telephone 703/358-2093; fax 703/358-2280.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Convention on International Trade in Endangered Species of Wild 
    Fauna and Flora, hereinafter referred to as CITES or the Convention, is 
    an international treaty designed to control international trade in 
    certain animal and plant species which are or may become threatened 
    with extinction, and are listed in Appendices to the treaty. Currently, 
    123 countries, including the United States, are CITES Parties. CITES 
    calls for biennial meetings of the Conference of the Parties which 
    review its implementation, make provisions enabling the CITES 
    Secretariat (in Switzerland) to carry out its functions, consider 
    amending the list of species in Appendices I and II, consider reports 
    presented by the Secretariat, and make recommendations for the improved 
    effectiveness of the Convention.
        This is part of a series of notices which, together with public 
    meetings, provide the public with an opportunity to participate in the 
    development of the U.S. positions for the ninth regular meeting of the 
    Conference of the Parties (COP9) to CITES. A Federal Register notice 
    published on July 15, 1993 (58 FR 38112), requested information and 
    comments from the public on animal or plant species the United States 
    might consider as possible amendments to the Appendices. A Federal 
    Register notice published on November 18, 1993 (58 FR 60873), requested 
    public comments on possible revisions to the criteria for listing 
    species in the CITES Appendices. A Federal Register notice published on 
    January 27, 1994 (59 FR 3832), requested additional comments from the 
    public on animal or plant species the United States was considering 
    submitting as amendments to the Appendices. A Federal Register notice 
    published on January 28, 1994 (59 FR 4096): (1) published the time and 
    place for COP9; (2) announced a public meeting for February 22, 1994, 
    to discuss the 31st meeting of the CITES Standing Committee; (3) 
    detailed the provisional agenda of the COP; and (4) requested 
    information and comments from the public on possible COP9 agenda items 
    and resolutions that the United States might submit. A Federal Register 
    notice published on September 1, 1994 (59 FR 45307), announced a public 
    meeting to take place on September 14, 1994. A Federal Register notice 
    published on September 6, 1994 (59 FR 46023), set forth summaries of 
    proposed U.S. negotiating positions on species proposals that were 
    submitted by other countries to amend the CITES Appendices and 
    requested public comment on these proposals. A Federal Register notice 
    published on September 7, 1994 (59 FR 46266), announced an additional 
    public meeting to take place on September 16, 1994. The present notice 
    complements the previous notices by setting forth proposed U.S. 
    negotiating positions on other agenda items and resolutions for COP9, 
    and requests public comments on these positions, which were also 
    presented at the September 14 and 16 public meetings. Another Federal 
    Register notice will also announce the proposed species amendments, 
    resolutions, and agenda topics submitted by the United States. The 
    Service's regulations governing this public process are found in Title 
    50 of the Code of Federal Regulations Secs. 23.31-23.39.
    
    Proposed Negotiating Positions
    
        In this notice, the Service summarizes proposed negotiating 
    positions on agenda items and resolutions for COP9 (other than 
    proposals to amend the Appendices, which are presented in the September 
    6, 1994, Federal Register notice discussed above). Numerals next to 
    each agenda item correspond to the numbers used in the provisional 
    agenda [COP9 Document 9.1 (revised)] received from the CITES 
    Secretariat. However, documents for a number of the agenda items have 
    not yet been received from the CITES Secretariat; they will be 
    available on request from the Service after they have been received.
        A list of documents received to date were made available at the 
    public meetings of September 14 and 16, 1994, and copies will be made 
    available to the public on request. When information and comments on 
    the agenda items were submitted in writing to the Service or received 
    at the February 22, 1994 public meeting, they are included with the 
    proposed negotiating position. Each proposed position includes a brief 
    rationale explaining the basis of the position. The Service will 
    endeavor to publish a Federal Register notice in October 1994 that 
    details final negotiating positions on all issues pertaining to COP9, 
    with the understanding that new information that becomes available 
    during discussions at a COP can often lead to modifications in these 
    positions. At COP9, the U.S. delegation will fully disclose all 
    position changes and rationale explaining them.
    
    AGENDA (Provisional)
    
    I. Opening Ceremony by the Authorities of the United States of America
    
        The United States is arranging for a suitable ceremony in 
    cooperation with the CITES Secretariat. Details of the ceremony will 
    not be finalized until October, 1994.
    
    II. Welcoming Addresses
    
        The United States is arranging for welcoming addresses from 
    appropriate officials in cooperation with the CITES Secretariat.
    
    III. Adoption of the Rules of Procedure
    
    See Doc. 9.1 (Rev)--Provisional Agenda for COP9
        Oppose modifications to the Rules of Procedure; support retention 
    of the Rules of Procedure from COP8 in Kyoto, Japan.
        The Provisional Rules of Procedure have been circulated by the 
    CITES Secretariat to the Parties. The Rules of Procedure must be 
    adopted by the Plenary of the COP at the outset. The only difference 
    between the Rules of Procedure for COP8 and the Provisional Rules 
    circulated by the Secretariat are in Rule 15, paragraph 3, which was 
    modified by the Standing Committee at its thirty-first meeting in 
    Geneva, 21-25 March 1994. The modifications recommended by the Standing 
    Committee, and indeed all of the Rules of Procedure, are not official 
    until they are adopted by the COP. Rule 15, paragraph 3, refers to 
    secret ballots. According to the Rules of Procedure adopted at COP8 
    (which did not differ from those at COP7), when a delegation proposes 
    that a vote be taken by secret ballot, an open vote is required to 
    approve this proposal; a majority of all Parties voting must approve a 
    secret ballot before it is implemented. The revised Rules of Procedure 
    recommended by the Standing Committee, amended at the suggestion of the 
    observer from Zimbabwe at that meeting, require that only six parties 
    (the proposer and five seconds) request a secret ballot for it to be 
    implemented for a particular vote.
        At the Standing Committee meeting, the United States delegation 
    opposed modifying the Rules of Procedure. The proposed COP9 position of 
    the United States remains in opposition to this modification of the 
    Rules of Procedure, which operated effectively at both COP7 and COP8. 
    In numerous international fora (e.g., GATT, UNCED), it has been the 
    position of the United States to promote openness in the dealings of 
    intergovernmental organizations. The United States believes that since 
    a delegation at a COP is accountable to its government, it should not 
    need to vote in secret.
        The United States is also very concerned that making secret ballots 
    too easy will unnecessarily delay the work of the COP. The United 
    States also believes that it is inappropriate for the minority 
    (possibly only six countries) to dictate to the majority how votes 
    should proceed. The United States believes that a rule allowing a few 
    countries to require use of the secret ballot could lead to excessive 
    use of this option. Secret ballots are extremely slow and time 
    consuming. For budgetary and other reasons, electronic voting cannot be 
    provided at the COP, which would have minimized the time necessary to 
    conduct a secret vote. Regardless of how few or many secret ballots are 
    taken at the COP, however, all U.S. positions and votes on issues will 
    be publicly disclosed.
    
    IV. Election of Chair and Vice-Chair of the Meeting and of Committees I 
    and II and of the Budget Committee
    
        No documents will be prepared for this item. Support election of a 
    Conference Chair from the United States, and highly qualified Committee 
    and Vice Chairs representing the geographic diversity of CITES.
        The Chair of the CITES Standing Committee (New Zealand) will serve 
    as temporary Chair of the Conference until a permanent Conference Chair 
    is elected. It is traditional for the host country to provide the 
    Conference Chair, and the United States will propose a person with 
    substantial executive skills and international negotiating experience 
    to be nominated as Chair. This person, if elected by the parties, will 
    serve as Presiding Officer of the Conference and also of the Conference 
    Bureau, the executive body which manages the business of the 
    Conference; other members of the Bureau include the Committee Chairs 
    (discussed below), the nine members of the Standing Committee (see 
    Agenda Item IX), and the Secretariat.
        The major technical work of CITES is done in the Committees, and 
    thus Committee chairs must have great technical knowledge and skill. In 
    addition, CITES benefits from active participation and leadership of 
    representatives of every region of the world. The United States will 
    support election of Committee Chairs and Vice Chairs of the Conference 
    having requisite technical knowledge and skills and also reflecting the 
    geographic and cultural diversity of CITES. The United States is now 
    consulting with the Secretariat and the Standing Committee regarding 
    suitable candidates.
    
    V. Adoption of the Agenda and Working Programme
    
        See Doc. 9.1 (Rev)--Provisional Agenda for COP9; Doc. 9.2 (Rev)-- 
    Provisional Working Programme for COP9; Doc. 9.2.1 (Rev)--Provisional 
    Working Program for COP9 Committee I; and Doc. 9.2.2 (Rev)--Provisional 
    Working Program for COP9 Committee II. Support adoption of an agenda 
    and working program that guarantees a smoothly operating meeting that 
    addresses all species and implementation issues; the U.S. nominee to 
    serve as Conference Chair, if accepted by the parties, will be 
    responsible for management of the overall agenda, in consultation with 
    the Bureau.
    
    VI. Establishment of the Credentials Committee and Committees I and II
    
        No document has been received from the CITES Secretariat yet.
        Support the establishment of the Credentials Committee and 
    Committees I and II.
        Establishment of the Credentials Committee is a pro forma matter. 
    The Credentials Committee approves the credentials of delegates to the 
    COP, by confirming that they are official representatives of their 
    government, thereby affording them the right to vote in Committee and 
    Plenary sessions. The United States supports the establishment of 
    Committees I and II, provided most participating Parties have been able 
    to send at least two delegates, or that the rules governing debate of 
    the Committees ensure that most delegations will have an opportunity to 
    debate recommendations before a final decision is made.
    
    VII. Report of the Credentials Committee
    
        No document has been received from the CITES Secretariat yet.
        Support adoption of the report of the Credentials Committee if it 
    does not recommend the exclusion of legitimate representatives of 
    countries that are Parties to CITES. Representatives whose credentials 
    are not in order should be afforded observer status as provided for 
    under Article XI. If credentials have been delayed, representatives 
    should be allowed to vote on a provisional basis. A liberal 
    interpretation of the Rules of Procedure on credentials should be 
    adhered to in order to permit clearly legitimate representatives to 
    participate.
        Adoption of the report is generally pro forma. Exclusion of Party 
    representatives whose credentials are not in order could undermine 
    essential cooperation among Parties.
    
    VIII. Admission of Observers
    
        No document has been received from the CITES Secretariat yet.
        Support admission to the meeting of all technically qualified non-
    governmental organizations and oppose unreasonable limitations on their 
    full participation at COP9.
        Non-governmental organizations representing a broad range of 
    viewpoints and perspectives play an important role in CITES activities 
    and have much to offer to the debates and negotiations at a COP. Their 
    participation is specifically provided by Article XI of CITES. The 
    United States supports the opportunity for all technically qualified 
    observers to fully participate at COPs.
    
    IX. Matters Related to the Standing Committee
    
        No documents have been received yet. This agenda item consists of 
    three subitems:
        1. Report of the Chairman. The United States strongly supports the 
    active role which the current Standing Committee, under the leadership 
    of New Zealand, has played in carrying out the many functions given to 
    it by resolutions adopted by Conferences of the Parties. This includes 
    the review of compliance with these resolutions by the Parties and 
    making decisions for appropriate action when Parties are not in 
    compliance.
        2. Regional representation on the Standing Committee: Support an 
    increase in Standing Committee membership if budgetary implications can 
    be resolved. The Standing Committee is currently composed of six 
    Regional voting representatives of North America (Canada), Central and 
    South America and the Caribbean (Trinidad and Tobago, the Vice Chair), 
    Asia (Thailand), Oceania (New Zealand, the Chair), Africa (Senegal), 
    and Europe (Sweden). There are also three ex officio, nonvoting 
    members: Switzerland (depositary country), Japan (past host country), 
    and the United States (current host country). Each CITES Region 
    currently has one representative on the Standing Committee, regardless 
    of how large or small the number of Parties (Africa has 43 CITES 
    parties, for example, while North America has only 3 and Oceania only 
    4). A proposal submitted by Malawi but not yet actually reviewed would 
    increase the number of Regional representatives from Regions having 
    larger numbers of Parties. The United States will consider support for 
    such proposals depending on their exact nature and only after full 
    consideration by the Budget Committee of their financial effects.
        3. Election of new members and alternate regional members: 
    Encourage membership which will continue the active role of the 
    Standing Committee. The Regional representatives of North America, 
    Europe, and Oceania are open for review by their respective Regions at 
    COP9. The United States, as host of COP9, will continue on the Standing 
    Committee as past host country until COP10. A new Chair will be 
    selected by the new Standing Committee during a meeting to be held at 
    the close of COP9; while the United States will not have a vote, the 
    U.S. position is to encourage selection of a Chair with a strong 
    commitment to a proactive Standing Committee role in the management of 
    CITES affairs, as New Zealand has done during the past two years.
    
    X. Report of the Secretariat
    
        The Report of the Secretariat has not yet been received by the 
    Service. When received, the Service will carefully review issues 
    pertaining to: success of procedures for Parties to set budgetary and 
    work priorities; setting of new short-term and long-term objectives for 
    the Secretariat; evaluation of the performance of the Secretariat; and 
    progress in assisting Parties to more forcefully implement the 
    Convention.
        The biennial report provides the major way for the Secretariat, and 
    the Secretary General, to report priorities, accomplishments, and 
    problems to the Parties. These are critical management issues facing 
    CITES which need to be addressed in the Secretariat's report.
    
    XI. Financing and budgeting of the Secretariat and of meetings of the 
    Conference of the Parties
    
    1. Financial Report for 1992-1993
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time. The United States continues to 
    advocate fiscal responsibility and accountability.
    2. Anticipated expenditures for 1994 and 1995
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time. The United States continues to 
    advocate fiscal responsibility and accountability.
    3. Budget for 1996-1998 and Medium-term Plan for 1996-2000
        See Doc. 9.10--Budget Estimates for the CITES Trust Fund for 1996-
    1997 and for the Medium-term Plan for 1996-2000. This document was only 
    received a short time ago by the Service, and is still undergoing 
    review.
        Oppose any substantial increase in the Secretariat's budget 
    representing a significant increase in its work plan. Support budget 
    increases requested by the Secretariat in cases where the growing 
    membership is placing increasing burdens on staff, without any 
    commitment to an increased U.S. contribution. Support an evaluation of 
    priorities and possible reprogramming of budget items into underfunded 
    or unfunded areas of higher priority.
        The United States cannot at present commit to a larger contribution 
    to the CITES budget. The United States is the largest single 
    contributor; under the United Nations scale, the United States is asked 
    to provide 25 percent of the annual operating budget. In Fiscal Year 
    1994, Congress appropriated approximately $1 million to the Department 
    of State for this purpose. However, the United States recognizes the 
    heavier workload being imposed on the Secretariat, Standing Committee, 
    and both the Animals and Plants Committees.
    4. External Funding
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        External funding refers to the financial support by Party 
    governments and non-governmental organizations for projects that have 
    been approved by the Standing Committee. The CITES Parties have 
    established a process whereby the Standing Committee approves projects 
    and approves donors, to avoid even the appearance of a conflict of 
    interest. The Secretariat's report on this issue is expected to 
    summarize approved donors, approved projects, projects that have been 
    funded, and approved projects that are awaiting funding. The Service, 
    the Department of State, and the National Marine Fisheries Service have 
    made substantial contributions to externally funded projects, including 
    travel of delegates from developing countries to COPs, support for 
    committee meetings, facilitating a meeting of the Working Group on the 
    Transport of Live Specimens, biological studies of significantly traded 
    species, review of national laws for the implementation of the 
    Convention, numerous enforcement-related projects, and other similar 
    projects.
    
    XII. Committee Reports and Recommendations
    
    1. Animals Committee
        No document has been received from the CITES Secretariat yet. This 
    agenda item has two subitems in the provisional agenda:
        (a) Report of the Chairman
        (b) Regional representation on the Animals Committee
        The United States supports the active role of the Animals Committee 
    in scientific and management issues pertaining to animal species listed 
    in the CITES Appendices. Encourage membership which will continue the 
    active role of the Animals Committee, and selection of a Chair with a 
    strong commitment to a proactive Animals Committee.
        The Animals Committee report may contain information or 
    recommendations dealing with Appendix II species subject to significant 
    trade, marking techniques, crocodilian tagging, sea turtle ranching, 
    care for and reintroduction of seized live animals, and various other 
    issues. The United States has actively participated in the work of the 
    Animals Committee since COP8, and will continue to be an active 
    participant in Animals Committee functions.
        The Animals Committee is currently composed of individuals 
    representing the six CITES geographic regions: North America, Central 
    and South America and the Caribbean, Asia, Oceania, Africa, and Europe. 
    Each CITES Region currently has one representative on the Animals 
    Committee. The Regional representatives are selected by their 
    respective regional caucuses, at the COP. A new Chair will be selected 
    by the new Animals Committee, most likely during a meeting to be held 
    at the close of COP9.
    2. Plants Committee
        No document has been received from the CITES Secretariat yet. The 
    United States supports the continued activities of the Plants Committee 
    to improve the effectiveness of CITES for plants, with a focus on the 
    following: publication of checklists and identification guides; 
    significant trade in orchids, succulents, and other species; review of 
    the timber trade; and trade in artificially propagated plants. 
    Encourage membership which will continue the active role of the Plants 
    Committee, and selection of a Chair with a strong commitment to a 
    proactive Plants Committee.
        The Plants Committee is currently composed of individuals 
    representing the six CITES geographic regions: North America, Central 
    and South America and the Caribbean, Asia, Oceania, Africa, and Europe. 
    Each CITES Region currently has one representative on the Plants 
    Committee. Dr. Bruce MacBryde of the Service's Office of Scientific 
    Authority serves as Vice-Chair of the Plants Committee (representing 
    North America). The Regional representatives are selected by their 
    respective regional caucuses, at the COP. A Chair will be selected by 
    the new Plants Committee, most likely during a meeting to be held at 
    the close of COP9.
    3. Identification Manual Committee
        No document has been received from the CITES Secretariat yet.
        Continue to support the Identification Manual Committee and 
    development of animal and plant identification manuals for use by port 
    and border enforcement officers, in providing a standard of reference 
    for the identification of CITES species, within available resources and 
    priorities.
        The enforcement officers of the Parties must be equipped with 
    guides which are accurate, realistic, and helpful in the identification 
    of the many CITES species and products found in trade throughout the 
    world.
    4. Nomenclature Committee
        No document has been received from the CITES Secretariat yet. This 
    agenda item has two subitems in the provisional agenda:
        (a) Report of the Chairman
        (b) Recommendations of the Committee
        Encourage the development and adoption of checklists for all taxa, 
    within budgetary limits and priorities to be decided upon by the 
    Parties. Support revisions of existing checklists for fauna prior to 
    development of new ones. Because of the expense in developing 
    checklists for taxa, the United States supports recognition of existing 
    checklists for remaining taxa when suitable. Implementation of the 
    Convention is strengthened by the use of uniform names of listed 
    species.
        The Service understands that the report of the Chair presents 
    technical nomenclatural corrections and recommended revisions to names 
    included in the Appendices at the Plenipotentiary Conference and at 
    COP1. Those revisions will require adoption by the Parties at COP9.
    
    XIII. Evolution of the Convention
    
    1. Strategic Plan of the Secretariat
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
    2. How To Improve the Effectiveness of the Convention
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        This agenda item was suggested by the delegate from Canada at the 
    March 1994 Standing Committee meeting; the Standing Committee agreed 
    that a review of the general evolution and implementation of CITES 
    should by done by an independent body, and that a project proposal for 
    this review should be developed by the Secretariat. The main concern of 
    the United States is what funding will be available for such a project, 
    and that it not impair the ability of other functions in the 
    Secretariat budget to receive necessary funding.
    
    XIV. Interpretation and Implementation of the Convention
    
    1. Review of the Resolutions of the Conference of the Parties
        Support the effort begun by the Secretariat immediately following 
    COP8, at the direction of the Standing Committee, to review all of the 
    resolutions of the Conference of the Parties with the goal of assisting 
    Parties in the effective utilization of the resolutions, in order to 
    more effectively implement the Convention, by: (1) Deleting resolutions 
    that have been superseded or whose purpose has been accomplished; and 
    (2) consolidating resolutions that deal with the same subject.
        At every Standing Committee meeting since COP8, the United States 
    delegation has strongly urged (and the Committee has adopted this 
    recommendation of the United States) that any consolidation of 
    resolutions retain the text of the original, including the preamble, so 
    as to: (1) assist the Parties, while retaining the original intent of 
    the resolution; and (2) reduce unnecessary or unproductive debate at 
    COP9 on ``old'' issues. Therefore, the United States supports deleting 
    only out-of-date resolutions that are truly non-controversial, and 
    retaining the text of the original for any consolidations. The Standing 
    Committee reiterated its support for this approach at its March 1994 
    meeting. The United States supports an expedited approval of these 
    consolidations in Plenary Session at COP9, which will only be possible 
    if the original text of resolutions (preamble and operative paragraphs) 
    are retained, so that any consolidations will be structural and not 
    substantive.
        (a) Deletion of Resolutions that are out of date. See Doc. 9.19.1--
    Deletion of Resolutions that are Out of Date.
        Support the deletion of resolutions that are out of date, if they 
    have been superseded by other resolutions or have been overtaken by 
    events. Likely to support the deletion of all resolutions proposed by 
    the Secretariat and circulated to the Parties, with the following 
    exceptions: Conf. 2.8, 3.13, and those relating to certain parts and 
    derivatives of plants--Conf. 2.18, 4.24, 6.18, and 8.17 (b) and (c). 
    Certain other resolutions on plants remain pertinent unless they are 
    superseded by new resolutions coming from COP9, e.g., Conf. 5.15 in 
    relation to Doc. 9.30 on nursery registration.
        Technical review of Doc. 9.19.1 will continue and the U.S. may 
    offer further comment on the affected resolutions before or during the 
    COP. The United States supports deletions of resolutions that are out 
    of date or no longer relevant. However, recent discussions in the 
    International Whaling Commission (IWC) highlight the fact that illegal 
    trade in whale products continues, in spite of the IWC's moratorium on 
    commercial whaling.
        The United States has requested that this item be discussed at COP9 
    (see agenda item 15). The IWC has not yet completed an observation, 
    inspection and enforcement program which would certify that the 
    products of any commercial whaling which occurs in the future are taken 
    in compliance with IWC regulations. Therefore, the admonitions 
    contained in Resolutions Conf. 2.8 and 3.13 appear to the United States 
    to be as pertinent today as when they were adopted by the Parties. 
    These resolutions are neither out of date, nor have they been 
    superseded. Therefore, the United States opposes deletion of these 
    resolutions.
        The United States opposes deletion of the aspects pertaining to 
    plants in Conf. 2.18, 4.24, 6.18, and 8.17(b) and 8.17(c), which 
    provide an important legal basis, which is different from using a 
    limited departure from Conf. 5.9 on what is readily recognizable, to 
    guide the standard exclusion or exemption from CITES provisions of 
    certain specified parts and derivatives of certain plants, e.g., the 
    cut flowers of artificially propagated Appendix I hybrids and the 
    flasked seedlings of all artificially propagated orchids.
        Future germane proposals on taxa for Appendix I simply can be 
    directed by Conf. 8.17(b) and 8.17(c), without subsequent proposals on 
    the standard exemptions. Future proposals to uplist orchid taxa thus 
    would be routinely guided by Conf. 8.17(c) and their flasked seedlings 
    would be exempt. A similar process has been in effect for the proposals 
    on Appendix II plant taxa, where routinely certain parts or derivatives 
    are standard exclusions, as specified through Conf. 4.24 (e.g., for 
    tissue cultures) and Conf. 6.18 (e.g., for flasked seedling cultures).
        (b) Consolidation of valid resolutions. No document has been 
    received from the CITES Secretariat yet. However, documents have been 
    received at several Standing Committee meetings. The United States 
    essentially supports those consolidations prepared thus far by the 
    Secretariat; a review finds them to be a diligent and accurate 
    consolidation of a complex array of resolutions dealing with the same 
    subject. Proposed consolidations have been discussed at Standing 
    Committee meetings and approved for transmission to the Parties on the 
    following issues (final text has not yet been received from the 
    Secretariat, however): Transport of live specimens (consolidate Conf. 
    3.16, 4.20, 5.18, 7.13, and 8.12); Disposal of illegally traded 
    specimens (consolidate Conf. 2.15, 3.9, 3.14, 4.17, 4.18, 5.14, and 
    7.6); Trade in elephant ivory (consolidate Conf. 3.12, 6.12, 6.14, 
    6.15, 6.16, and 7.8); Annual reports and trade monitoring (consolidate 
    Conf. 2.16, 3.10, 5.5, 5.6, 5.14, and 8.7); Trade in readily 
    recognizable parts and derivatives (consolidate Conf. 4.8, 5.9, 5.22, 
    and 6.22); Permits and certificates (consolidate Conf. 3.6, 3.7, 4.9, 
    4.16, 5.7, 5.8, 5.15, 6.6, 8.5); Trade in plants (12 prior resolutions: 
    consolidate Conf. 2.13, 5.14, 5.15, 8.17, propose to repeal all or part 
    of Conf. 2.18, 4.24, 5.14, 6.18, and 6.20, and deal with Conf. 2.14, 
    4.16, and parts of 5.14, 8.18, 8.19 in a separate consolidation); Trade 
    with non-Parties and reserving Parties (consolidate Conf. 3.8, 8.8); 
    and Transit and transhipment (consolidate Conf. 4.10, 7.4).
    2. Establishment of a List of the Other Decisions of the Conference of 
    the Parties
        No document has been received from the CITES Secretariat yet. 
    Support ongoing Standing Committee and Secretariat efforts to 
    differentiate between Resolutions of the Conference of the Parties 
    which provide guidance and interpretation of the Convention, or call 
    for continuing activities of indefinite duration, and decisions of the 
    COP that direct the Secretariat or permanent committees to perform 
    certain specific activities of limited duration.
        The Standing Committee has recommended that decisions of the 
    Parties at the COP be distributed in a manner similar to that for 
    resolutions. The United States supports this procedure, utilizing 
    guidelines to be adopted by the COP, that have been approved by the 
    Standing Committee. Often, recommendations to the Secretariat or 
    permanent committees are included in resolutions, when these 
    recommendations are relevant for a particular committee only, or for a 
    short time period between two COPs only. The United States supports 
    separating these specific and/or short-term decisions from resolutions, 
    wherein resolutions should refer to recommendations for implementation 
    of the Convention, and interpretations of the Convention.
    3. Report on National Reports Under Article VIII, Paragraph 7, of the 
    Convention
        No document has been received from the CITES Secretariat yet.
        Support efforts to encourage all Parties to submit annual reports, 
    for all species of flora and fauna, consistent with their domestic 
    legislation. Support efforts whereby proposals for transfer of certain 
    species from Appendix I to II with an export quota or pursuant to 
    ranching only be considered for Parties that are current with their 
    annual report submissions.
        Each Party is required by the Convention to submit an annual report 
    containing a summary of the permits it has granted, and the types and 
    numbers of specimens of species in the CITES Appendices that it has 
    imported and exported. Accurate report data are essential to measure 
    the impact of international trade on species, and can be a useful 
    enforcement tool.
    4. Review of Alleged Infractions and Other Problems of Implementation 
    of the Convention
        See Doc. 9.22--Draft Infractions Report for COP9.
        Support the Secretariat's review of alleged infractions by the 
    Parties, and necessary and appropriate recommendations to obtain wider 
    compliance with the terms of the Convention. Support an open discussion 
    at COP9 of major infractions, and a greater emphasis by the Parties on 
    the enforcement of the laws and regulations implementing the 
    Convention.
        Article XIII of the Convention provides for COP review of alleged 
    infractions. The Secretariat prepares an Infractions Report for each 
    COP, which details instances that the Convention is not being 
    effectively implemented, or where trade is adversely affecting a 
    species. The first draft of the Infractions Report contains numerous 
    such alleged infractions. The United States has commented on the draft 
    Infractions Report. A cursory review of the alleged infractions 
    indicates a great difference in the depth of the reporting on 
    infractions over previous reports. The United States considers this to 
    be an excellent, well-researched and well-prepared Secretariat 
    document. A large number of infractions are caused by lack of training, 
    lack of personnel, or lack of knowledge on the workings of CITES. The 
    majority of the alleged infractions should be a major cause of concern 
    to the Parties. When the final Infractions Report (incorporating the 
    comments of Parties) is circulated by the Secretariat, it will be 
    available to the public upon request.
    5. Implementation of the Convention in the European Community
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        This issue was discussed extensively at COP8; absent any document, 
    the United States cannot formulate a position at this time.
    6. National Laws for Implementation of the Convention
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        The United States was strongly supportive at COP8 of a review of 
    national laws for the implementation of the Convention; such laws are 
    required by Article VIII of the Convention. The Service provided 
    funding for this project, and has already received reviews of national 
    legislation for several countries. The United States believes that the 
    Convention's effectiveness is undermined when Party states do not have 
    national laws implementing the Convention, including laws and 
    regulations that authorize seizure and/or forfeiture of specimens 
    imported or exported in contravention of the Convention, and laws and 
    regulations that provide appropriate penalties for such violations.
    7. Enforcement of the Convention
        No document has been received from the CITES Secretariat yet; no 
    complete position is possible at this time. Support establishment of a 
    Law Enforcement Network.
        Notification to the Parties number 776 asked the Parties for their 
    comments on a proposal for establishment of a Law Enforcement Network. 
    The United States supported establishment of such a network at that 
    time, and continues to do so. The United States will continue its 
    support for the provision of law enforcement training to assist Parties 
    in implementing and enforcing the Convention.
        Nine Parties responded to Notification 776, which asked the Parties 
    for their comments on the proposed Law Enforcement Network, as follows: 
    five countries (Australia, South Africa, Switzerland, the United 
    Kingdom, and the United States) supported the proposal; three countries 
    (Belgium, France and Uruguay) opposed the proposal; and one country 
    (Spain) was neutral. Although it was not adopted by the Standing 
    Committee, it was agreed that the Parties should discuss the issue at 
    the COP. The United States considers effective enforcement of the 
    Convention to be a critical element that is lacking for many countries, 
    for a number of reasons, including: lack of training, inadequate 
    legislation or regulations, lack of funding, lack of infrastructure, 
    and inadequate communications and networking with other countries and 
    entities. The United States believes that establishment of a Law 
    Enforcement Network, comparable to other committees or working groups 
    established by the Parties, will begin the process of alleviating these 
    deficiencies.
    8. Trade in Hunting Trophies of Species Listed in Appendix I
        No document has been received from the CITES Secretariat. The 
    United States continues to support implementation of Resolution Conf. 
    2.11 by all Parties.
    9. Exports of Leopard Hunting Trophies and Skins
        No document has been received from the CITES Secretariat yet.
        However, the United States opposes any increases in quotas without 
    adequate supporting data.
        The Service does not know whether this document will involve only a 
    report on exports, or whether it will be similar to Resolution Conf. 
    8.10, which refers to the trade in leopard skins, including hunting 
    trophies, under a quota system approved by the COP. Trade in leopard 
    skins for noncommercial purposes is allowed under CITES Resolution 
    Conf. 8.10, which recognizes killing in defense of life and property 
    and to enhance the survival of the species.
    10. Interpretation and Application of Quotas
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
    11. Trade in Specimens of Species Transferred to Appendix II Subject to 
    Annual Export Quotas
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time. In the past, this agenda item has 
    involved a report noting compliance with provisions of quota systems.
    12. Trade in Rhinoceros Specimens
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        The United States continues to be an advocate for strong 
    enforcement of the Convention, and use of all possible measures to 
    encourage countries to effectively implement the Convention. The United 
    States continues to support decisions of the Standing Committee that 
    illegal trade in rhinoceros specimens undermines the effectiveness of 
    CITES.
    13. Conservation of Rhinoceros in Asia and Africa
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        The United States continues to be supportive of efforts to benefit 
    the conservation of rhinoceros species in Asia and Africa, while 
    realizing that such conservation efforts are seriously undermined by 
    any trade in rhinoceros specimens in contravention of the Convention.
    14. Trade in Tiger Specimens
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
        The United States continues to be an advocate for strong 
    enforcement of the Convention, and use of all possible measures to 
    encourage countries to effectively implement the Convention. The United 
    States continues to support decisions of the Standing Committee that 
    illegal trade in tiger specimens undermines the effectiveness of CITES. 
    The United States is also exploring the possibility of having a special 
    evening program on tiger conservation during the Conference.
    15. Illegal Trade in Whale Meat
        The United States requested that this item be included on the 
    agenda for COP9, and will submit a paper to the CITES Secretariat for 
    transmission to the Parties prior to COP9.
        There was extensive discussion at the May, 1994 meeting in Mexico 
    of the International Whaling Commission (IWC) regarding illegal 
    international trade in whale meat, including involvement by CITES 
    Parties. All whales subject to the IWC moratorium on commercial harvest 
    are listed in CITES Appendix I. A resolution was adopted by IWC 
    (introduced by the United States and other Parties) on this topic, and 
    the issue is discussed in the IWC Infractions Report. The Service 
    submitted the information in the IWC Infractions Report on 
    international trade in whale meat to the CITES Secretariat. The United 
    States is concerned that illegal trade in whale meat undermines the 
    effectiveness of CITES for whale species, and will submit a paper on 
    this topic for discussion at COP9. Several IWC member countries raised 
    concerns at the IWC meeting that it was inappropriate to discuss trade 
    in whale specimens outside of CITES. While a CITES COP is the 
    appropriate venue for such discussions, the U.S. paper will encourage 
    IWC to continue to explore this issue, and to report on progress to 
    both the CITES Standing Committee and COP10.
    16. Trade in Shark Products
        The United States requested that this item be included on the 
    agenda for COP9, and will submit a paper to the CITES Secretariat for 
    transmission to the Parties prior to COP9. The United States will 
    request in that paper that this agenda item be renamed ``Trade in Shark 
    Parts and Products'', in order to more accurately frame the debate. It 
    is not the intent of that document to discuss shark management regimes, 
    including catch quotas, minimum sizes, time and area closures, or gear 
    restrictions.
        As was discussed in the January 27, 1994 Federal Register notice, 
    the United States considered whether or not to submit a proposal to 
    COP9 to include several taxa (families or genera) of sharks in Appendix 
    II. There is limited information about a recent increase in 
    international trade in shark parts and products, particularly in fins 
    for the food market. The United States considered there to be 
    insufficient scientific and trade data on which to base a listing 
    proposal. The United States believes that this is an important issue 
    for the Parties to discuss. The United States is considering requesting 
    that the Animals Committee be called upon to recommend methods and 
    processes for assessing the biological and trade status of shark 
    species in international trade. The paper that the United States will 
    submit may request action by the Animals Committee.
        The intent of the United States in asking that this issue be 
    discussed by the Conference of the Parties is twofold: (1) To encourage 
    discussion of how best to collect data on international trade in shark 
    parts and products, particularly how to document catches by species; 
    and (2) to collect data that will provide the best information about 
    the impact of international trade (including introduction from the sea) 
    in shark parts and products on both shark populations and the 
    ecosystems on which they depend.
    17. Trade in Plant Specimens
        (a) Nursery registration for artificially propagated Appendix I 
    species. See Doc. 9.30--Nursery Registration for Artificially 
    Propagated Appendix I Species.
        Tentatively oppose the resolution establishing a stipulated 
    registration system within the CITES Secretariat for plant nurseries 
    artificially propagating specimens of species included in Appendix I. 
    The United States supports a system that would improve the credibility 
    of the existing system for determining which plant specimens are 
    artificially propagated.
        The registration system proposed in this draft resolution is 
    complex and would be costly to implement by many Parties. Furthermore, 
    it may place too much of a burden with nurseries themselves in 
    determining what constitutes artificially propagated specimens, and 
    thereby be counterproductive. The current draft of this resolution is 
    an improvement over previous versions, and the United States encourages 
    the Secretariat to continue to make progress in this important area.
        (b) Revision of the consolidated Resolution. No document has been 
    received from the CITES Secretariat yet; no position is possible at 
    this time.
        (c) Standard reference for Orchidaceae. No document has been 
    received from the CITES Secretariat yet. The United States supports 
    continued work toward a standard reference for traded orchid species.
        (d) Implementation of the Convention for timber species. No 
    document has been received from the CITES Secretariat yet; no position 
    is possible at this time.
        However, the United States notes that the provisions of CITES apply 
    to all species of wild fauna and flora, including tree species used as 
    timber; some timber species are already listed in the CITES Appendices. 
    CITES' purview is in addition to the fact that the trade in timber 
    species may come under the competence of another international treaty, 
    convention, or agreement.
        (e) Ramin (Gonystylus bancanus). No document has been received from 
    the CITES Secretariat yet; no position is possible at this time.
    18. Significant Trade in Appendix II Species
        No document has been received from the CITES Secretariat yet.
        However, the United States continues its long-standing support for 
    the continued focus of the Parties on Appendix II species identified as 
    subject to significant trade and the proper implementation of Article 
    IV, as critical to the implementation of the treaty and species 
    conservation. Support the provision of funding for the coordination and 
    implementation of significant trade study projects, with oversight by 
    the Animals, Plants, and Standing Committees.
        This topic refers to the trade in those Appendix II species 
    identified as subject to significant trade, for which a review is 
    necessary to determine if there exists sufficient biological 
    information to warrant trade at current levels. Many of these species 
    may have been traded at levels detrimental to their survival. The CITES 
    Parties have provided funds to the World Conservation Union (IUCN) and 
    the Conservation Monitoring Centre to assess priorities in studying 
    these species. The United States has provided funds for field projects 
    involving several of these species.
        This process has worked effectively since COP8, with the 
    implementation of Conf. 8.9. The Animals and Standing Committees have 
    taken a very active role in this process, with net benefit for the 
    conservation of some species and for improvements in the implementation 
    of the Convention. The United States supports continuation of this 
    process, for both animals and plants, with a high priority being placed 
    on implementation of studies by Parties, scientific assessments, 
    implementation of scientifically-based quotas when appropriate, and 
    effective implementation of Article IV.
    19. Standardization of CITES Permits and Certificates
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
    20. Non-commercial Samples of Skins
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
    21. Marking of Crocodilian Specimens
        No document has been received from the CITES Secretariat yet.
        At COP8, the United States advocated adoption of a resolution that 
    it submitted jointly with Australia, to require the skins of all 
    crocodilian species to be tagged before being allowed to be traded by 
    CITES Parties (whether or not a reservation has been entered by a 
    Party).
        Resolution Conf. 8.14, submitted by both the United States and 
    Australia, established the framework for a system of universal marking 
    for all crocodilian skins in trade, as a response to serious problems 
    of illegal trade in crocodilian skins, parts, and products. The Animals 
    Committee was charged with setting up the system for the Parties. The 
    Animals Committee has prepared a revision of Resolution Conf. 8.14 on 
    this topic, due to problems with implementation of portions of the 
    resolution. The draft resolution of the Animals Committee has not yet 
    been received from the CITES Secretariat.
    22. Transport of Live Specimens
        Support the adoption by the COP of the report of the Chair of the 
    Working Group on the Transport of Live Specimens (TWG). The United 
    States will remain an active participant in the TWG, and with all 
    aspects of the transport of live wild animals.
        Dr. Susan Lieberman of the Service's Office of Management Authority 
    has served as Chair of the TWG since COP8. Copies of all reports of the 
    Chair of the TWG to the Standing Committee are available on request, 
    including the Terms of Reference of the TWG. The Chair submitted a 
    report to the Standing Committee Chair and to the Secretariat, for 
    transmission to the Parties and discussion at COP9. That report makes 
    recommendations for the future of the TWG. The Service fully supports 
    the report, and recommends its adoption, with the exception of 
    reserving its position on adoption of budgetary and personal 
    recommendations of the Chair contained therein. Those budgetary 
    recommendations would facilitate increased training efforts and greater 
    involvement of exporting Parties in TWG activities and deliberations, 
    which the Service supports. The Service also supports the provision of 
    time near the beginning of the first week of COP9 for those interested 
    in the TWG to meet and discuss transport issues, prior to full 
    discussion in Committee II. Several past participants in TWG activities 
    have inquired as to whether such a meeting of the TWG would be 
    possible; the Service believes that it would be in the best interest of 
    CITES implementation and of the transport of live animals.
        The humane transport of live wild animals remains a significant 
    concern of the United States. The TWG's Terms of Reference with the 
    Standing Committee include working to improve implementation of the 
    Convention and relevant resolutions, training, improvement of 
    international standards, coordination with the International Air 
    Transport Association Live Animals Board, and the transport of live 
    wild birds.
    23. Implementation of Article XIV, Paragraphs 4 and 5
        Support adoption of the resolution submitted by the United States, 
    which deals with the implementation of Article XIV, paragraphs 4 and 5 
    of the Convention. The U.S. goal in submitting this resolution is to 
    clarify how an Appendix II listing could be implemented expeditiously 
    for a marine species whose management is under the competency of a pre-
    existing treaty.
        The provisions of CITES apply to all species of wild fauna and 
    flora, including marine species. The management of many marine species 
    comes under the jurisdiction or competence of another international 
    treaty, convention, or agreement. International trade in any species of 
    marine fauna or flora is also within the purview and competence of 
    CITES. Therefore, even if a marine species is subject to management 
    under another international treaty, convention, or agreement, if it is 
    listed in any CITES Appendix, international trade and introduction from 
    the sea in the species is regulated by CITES.
        CITES made preparation for such situations when the treaty was 
    written. Article XIV, paragraph 4, of the Convention provides that a 
    State party to CITES, which is also a party to any other treaty, 
    convention, or international agreement which was in force at the time 
    of the coming into force of CITES and under the provisions of which 
    protection is afforded to marine species included in Appendix II, is 
    relieved of the obligations imposed on it under CITES with respect to 
    trade in specimens included in Appendix II that are taken by ships 
    registered in that State and in accordance with the provisions of such 
    other treaty, convention, or international agreement.
        This relief from CITES obligations does not apply to specimens of 
    species included in Appendix I. For example, several whale species are 
    managed under the competence of the International Convention for the 
    Regulation of Whaling, but all those species are listed in Appendix I.
        Currently no marine species whose management is under the 
    competence of another treaty, convention, or agreement is listed in 
    Appendix II. Therefore, this provision of the Convention in Article XIV 
    has never been used, and standards for its implementation have not been 
    developed. The United States has determined that it would be wise to 
    plan for the need to implement Article XIV, by specifying requirements 
    for certificates issued pursuant to Article XIV, paragraph 5, of the 
    Convention, even if its use is not necessary at this time. The Service 
    notes that Appendix II allows for international commercial trade. The 
    resolution provides for the utilization as a valid certificate under 
    Article XIV, paragraph 5, of a certificate of origin or statistical 
    document issued on the authority of the other treaty, convention, or 
    international agreement, with certain stipulations of minimum 
    information and validation as required by CITES.
        Such certificates are only an option for CITES Parties that are 
    also parties to the other treaty, convention, or agreement.
    24. Disposal of Confiscated Live Animals
        No document has been received from the CITES Secretariat yet.
        This issue was discussed at the Animals Committee, and the Service 
    believes that the Animals Committee prepared a draft resolution that 
    will be discussed at COP9. The Service has not yet received the final 
    draft resolution prepared by the Animals Committee. However, the 
    Service is supportive of uniform guidelines for the Parties on how to 
    deal with confiscated live animals, that will benefit both the welfare 
    of the individual animals and the conservation of their species in the 
    wild. The Service is supportive of such guidelines, consistent with 
    U.S. law. The Service is concerned about the risk of introduction of 
    disease to wild populations from confiscated live animals being 
    considered for reintroduction programs. The Service believes that 
    transport and handling concerns for live animals should be coordinated 
    with the Working Group on the Transport of Live Animals.
        Interest in what Parties should do with confiscated specimens, 
    particularly live animals, goes back to the drafting of the Convention. 
    The re-export of Appendix II specimens does not require a Scientific 
    Authority finding. The Parties have spoken quite clearly on the issue 
    of return of confiscated specimens to the country of origin, when 
    feasible.
    25. Disposal of Skins of Illegal Origin
        No document has been received from the CITES Secretariat yet; no 
    position is possible at this time.
    26. New Criteria for Amendment of Appendices I and II
        See Doc. 9.41--New Criteria for Amendment of Appendices I and II.
        Support adoption of the alternative Annexes submitted by the United 
    States on this issue, rather than those prepared by the Standing 
    Committee (as pertain to Annexes 1 and 2 of the draft resolution). The 
    United States basically supports the other annexes of the Standing 
    Committee resolution.
        The existing CITES listing criteria, known as the ``Berne 
    Criteria'' (Resolutions Conf. 1.1 and 1.2) were developed at the first 
    CITES Conference in 1976 in Berne, Switzerland. The United States 
    agrees that the Convention will be strengthened by reevaluating the 
    Berne Criteria for listing species in the Appendices, and that the 
    Berne Criteria need to be reviewed and adapted to address a broader 
    array of taxa and to be more descriptive and definitive, to the extent 
    possible. At the same time, the United States notes that an inherent 
    strength of CITES, which must be safeguarded, is its ability to seek 
    balanced conservation-based solutions for a broad range of species and 
    populations being considered. Thus, if any revision of the Berne 
    Criteria is to be adopted at COP9, the United States is supportive of 
    retaining maximal flexibility while firmly maintaining scientific 
    credibility.
        The move to revise the Berne Criteria originated at the 1992 CITES 
    Conference, in Japan (COP8). At COP8 the Parties agreed to start a 
    process, coordinated by the Standing Committee, to develop a 
    scientifically sound revision for consideration at COP9 in 1994. The 
    World Conservation Union (IUCN) was asked to do a first draft, which 
    would first be reviewed at a joint meeting of the Standing, Animals and 
    Plants Committees, and put into CITES resolution form. The United 
    States participated in a joint meeting of the Standing, Animals, and 
    Plants Committees in Brussels in August-September 1993, which reviewed 
    the IUCN draft and produced a draft resolution that was circulated to 
    the Parties.
        The Service submitted comments to the Standing Committee, after 
    consultation with other Federal agencies and reviewing extensive public 
    comments received. The U.S. comments maintained that much of the draft 
    resolution was not valid scientifically, and was not acceptable from 
    management or practical perspectives. The United States believed that 
    the criteria as proposed met neither the CITES treaty's requirements 
    for the conservation of species in their ecosystems, nor the diverse 
    needs of the CITES Parties. The U.S. comments and those of other 
    Parties were discussed at the 31st meeting of the Standing Committee, 
    in Geneva in March 1994. Some of the U.S. comments were taken into 
    consideration in developing the final Standing Committee draft 
    resolution. The Standing Committee resolution was not available to the 
    United States or other CITES Parties until after the June 10 deadline 
    for submission of resolutions and proposals to the CITES Secretariat. 
    The Standing Committee resolution contains six annexes, several of 
    which the United States looks forward to discussing further with the 
    CITES Parties at COP9. In particular, the United States believes the 
    Standing Committee draft is an improvement on the Berne Criteria as 
    regards precautionary measures. However, the United States believes 
    that Annex 1 (Biological criteria for Appendix I) and Annex 2 (Criteria 
    for inclusion of species in Appendix II) are in need of major revision, 
    particularly from a scientific perspective. The United States is 
    particularly concerned about the utility and scientific validity of 
    arbitrary numerical cutoffs for decision-making on which Appendix a 
    species should be included in. After detailed review of the scientific 
    literature and consultation with other Federal agencies, the United 
    States has submitted alternatives to those Annexes to the Secretariat, 
    along with some additional material for inclusion in the resolution. 
    The U.S. intent is to urge the CITES Parties to substitute the Annexes 
    1 and 2 it submitted for those prepared by the Standing Committee.
        The United States could have waited to present these alternative 
    Annexes 1 and 2 at COP9. However, the United States preferred to 
    provide ample time to Parties to review this proposed alternative to 
    the document submitted to the Parties by the Standing Committee. The 
    United States believes that increased flexibility must be included in 
    any revised listing criteria.
        The biological criteria submitted by the United States for 
    inclusion of species in Appendix I (Annex 1) are grounded in the 
    scientific literature, and are based on the concept that determination 
    of whether a species is threatened with extinction should be risk 
    averse, utilizing the best available scientific and trade information, 
    and assessment of a series of biological factors and criteria. The 
    proposed Annex 1 lists a series of interdependent factors to be 
    included in an assessment of the status of a species, and thereby the 
    determination that it is threatened with extinction. The criteria for 
    inclusion of species in Annex 2 (in accordance with Article II 
    paragraph 2(a)) of the Convention involve a determination of whether a 
    species may become threatened with extinction, in order to avoid 
    utilization incompatible with its survival.
        The Service received numerous comments recommending that the United 
    States submit an alternative to the Standing Committee draft 
    resolution. Several comments provided detailed analyses of the IUCN 
    submission to the Secretariat, and of the resolution submitted to the 
    Parties prior to the 31st meeting of the Standing Committee. These 
    comments were taken into consideration by the Service and other Federal 
    agencies.
    27. Inclusion of Species in Appendix III
        No document has been received from the CITES Secretariat yet. 
    However, the Service is aware that a resolution on this issue has been 
    prepared by the Animals Committee. The Service is supportive of urging 
    of more judicious use of Appendix III, including recommending direct 
    consultation with the Animals or Plants Committee and a review of 
    existing Appendix III listings.
        The CITES Secretariat has been working to screen Appendix III 
    proposals and consult with the submitting Party.
    28. Guidelines for Evaluating Marine Turtle Ranching Proposals
        No document has been received from the CITES Secretariat yet. 
    However, the United States participated in a working group at the ninth 
    meeting of the Animals Committee in Brussels in September, 1993 which 
    developed draft guidelines for recommendation to the Animals Committee 
    on this issue. The ninth meeting of the Animals Committee adopted a 
    requirement for ``regional management on the basis of genetically 
    defined populations''. The United States strongly supported that 
    element, which may have been removed by a subsequent meeting of the 
    Animals Committee. The United States remains supportive of regional 
    cooperation in the management of such widely migratory endangered 
    species as marine turtles.
    29. Proposals To Register the First Commercial Captive-breeding 
    Operation for an Appendix I Animal Species
        No document has been received from the CITES Secretariat yet.
    30. Standard Nomenclature
        Support adoption of the resolution submitted by the United States, 
    which was submitted at the request of the Nomenclature Committee.
        This resolution was submitted at the request of the CITES 
    Nomenclature Committee, and deals with nomenclature and taxonomy of 
    CITES species. The resolution submitted was discussed and agreed upon 
    by the Nomenclature Committee at its May, 1994 meeting in Beijing, 
    China. The names of the genera and species of several families are in 
    need of standardization and the current lack of a standard reference 
    with adequate information creates an implementation problem for some 
    species. The United States also recognizes that the taxonomy used in 
    the appendices to the Convention will be most useful to the Parties if 
    standardized and correlated by nomenclatorial references.
        This resolution makes several recommendations dealing with the 
    inclusion of subspecies in the Appendices, use of references in 
    proposals, synonyms, and the role of the Scientific Authorities in 
    nomenclature issues. The resolution also recommends several standard 
    references for species listed in the CITES Appendices, for mammals, 
    birds, amphibians, cacti, cycads, tree ferns, and other plants.
    
    XV. Consideration of Proposals for Amendment of Appendices I and II
    
        See the Federal Register notice published on September 6, 1994 (59 
    FR 46023), which sets forth summaries of the proposed U.S. negotiating 
    positions on the proposals for amendment to the CITES Appendices for 
    COP9 and requests information and comments from the public on these 
    proposed U.S. positions.
    
    XVI. Conclusion of the meeting
    
    1. Determination of the Time and Venue of the Next Regular Meeting of 
    the Conference of the Parties
        No documents have been received indicating requests from possible 
    host governments. Favor holding COP10 in a country where all Parties 
    will be admitted without political difficulties. Support the holding of 
    COPs on a biennial basis, or, as in the case of COP9, after an interval 
    of two and one half years.
        COP meetings energize governmental and nongovernmental 
    organizations concerned with CITES issues to examine its 
    implementation, and the conservation of affected species. The United 
    States recognizes that the financial burdens of hosting a Conference of 
    the Parties may serve to discourage developing countries from offering 
    to serve as host, unless innovative ways can be found to provide them 
    with financial assistance.
    
    Request for Information and Comments
    
        The Service invites information and comments on the proposed 
    negotiating positions on COP9 agenda items, excluding item XV, 
    ``Consideration of proposals for amendment of Appendices I and II,'' 
    which is the subject of a separate Federal Register notice. Information 
    and comments on this present notice should be submitted to the Service 
    no later than October 19, 1994.
    
    Observers
    
        Article XI, paragraph 7 of the Convention provides that: ``Any body 
    or agency technically qualified in protection, conservation or 
    management of wild fauna and flora, in the following categories, which 
    has informed the Secretariat of its desire to be represented at 
    meetings of the Conference by observers, shall be admitted unless at 
    least one-third of the Parties object: (a) International agencies or 
    bodies, either governmental or non-governmental, and national 
    governmental agencies and bodies; and (b) national non-governmental 
    agencies or bodies which have been approved for this purposes by the 
    State in which they are located. Once admitted, these observers shall 
    have the right to participate but not to vote.''
        Persons wishing to be observers representing national non-
    governmental organizations in the United States must receive prior 
    approval of the U.S. Fish and Wildlife Service. Requests for such 
    approval should include evidence of technical qualification in 
    protection, conservation or management of wild fauna or flora, on the 
    part of both the organization and the individual representative. Such 
    requests should be sent to the Office of Management Authority (see 
    ADDRESSES, above). Copies of the letters of approval from the Office of 
    Management Authority should be used by these organizations to inform 
    the CITES Secretariat of their wish to send observers to the meeting. 
    The Secretariat requires such information to be received at least one 
    month prior to the meeting (October 6, 1994).
        Approved observers should send copies of their letters of approval 
    to the following address: CITES Secretariat, 15 chemin des Anemones, 
    Case postale 456, CH-1219 Chatelaine-Geneve, Switzerland.
    
        Authors: This notice was prepared by Susan S. Lieberman, 
    Marshall P. Jones, and Mark Albert, Office of Management Authority, 
    U.S. Fish and Wildlife Service (703/358-2093).
    
        Dated: September 28, 1994.
    Bruce Blanchard,
    Acting Director.
    [FR Doc. 94-24513 Filed 10-3-94; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
10/04/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-24513
Dates:
The Fish and Wildlife Service (Service) will consider information and comments received by October 19, 1994. in formulating its final negotiating positions.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 4, 1994