[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6793-6795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3366]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
RIN 1018-AD61
Addition of Bigleaf Mahogany to Appendix III of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule announces the addition to Appendix III of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES or Convention) of bigleaf mahogany (Swietenia
macrophylla) from the Americas and its saw-logs, sawn wood and veneers
only, as submitted by the Government of Costa Rica. A list of the
species contained in the CITES appendices is presented for
informational purposes in the U.S. Code of Federal Regulations at 50
CFR 23.23. The Service will consider any comments received on whether
to enter a reservation on the addition of this species to Appendix III.
Second, a phrase is revised in 50 CFR 23.23(d) to clarify that the
regulated parts and derivatives of plants are in some cases presented
categorically, and in others set out with the particular entry on the
species in the list.
DATES: This rule is effective on February 22, 1996. The recent change
to Appendix III set forth in this rule entered into force on November
16, 1995, under the terms of the Convention.
ADDRESSES: Please send correspondence concerning the amendment
announced in this rule to Chief, Office of Scientific Authority, ARLSQ
725, U.S. Fish and Wildlife Service, Washington, DC 20240; fax number
703-358-2276. Express and messenger deliveries should be addressed to
Chief, Office of Scientific Authority, Room 750, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Arlington, Virginia 22203.
The text of the Appendix III notification from the Convention's
Secretariat is available on request, and related materials are
available for public inspection by appointment, from 8 a.m. to 4 p.m.
Monday through Friday, at the above address in Arlington, Virginia.
Please send certificate/permit questions or any applications
concerning this regulation to Chief, Office of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420c,
Arlington, Virginia 22203, fax number 703-358-2281. Express and
messenger deliveries should be addressed to Chief, Office of Management
Authority, at that Arlington address.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Chief, Office of Scientific Authority (telephone
703-358-1708), or the Branch of Permits, Office of Management Authority
(telephone 800-358-2104).
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (TIAS 8249) regulates international trade in certain
animal and
[[Page 6794]]
plant species. The species for which trade in particular specimens is
controlled are listed in Appendices I, II, and III to the Convention.
Appendix III comprises the list of species subject to regulation within
any CITES Party country that has requested the cooperation of the other
Parties in regulating international trade in the specified specimens of
the species.
This rule updates the list of CITES species that is reproduced in
the U.S. Code of Federal Regulations (CFR) at 50 CFR 23.23(f) (see the
latest revision in the Federal Register of October 6, 1995 [60 FR
52450]) by adding Swietenia macrophylla (bigleaf mahogany) in the
Americas (i.e., South America, Central America, the Caribbean, and
North America) to Appendix III as advanced by the Government of Costa
Rica pursuant to Article XVI paragraph 1 of the Convention, including
only its saw-logs, sawn wood, and veneers as the parts or derivatives
covered by the provisions of the Convention. Thus, products such as
finished furniture are excluded. Moreover, export of specimens from
plantations located outside the Americas is not regulated. The CITES
Secretariat notified all Party countries on August 18, 1995, of the
addition to Appendix III of the populations of this species in the
Americas. (the species is native from Bolivia and Brazil to Mexico.) In
accordance with Article XVI paragraph 2, such an amendment becomes
effective 90 days after notification, in this case on November 16,
1995. All shipments exported on or after that date must be accompanied
by appropriate documentation in compliance with CITES, which is to be
presented upon import to the Party countries.
International trade in Appendix III species and their parts and
derivatives that are specified as being included requires the issuance
of either an export permit, a certificate of origin, a re-export
certificate, or a pre-Convention certificate, by the exporting or the
re-exporting Party. An export permit, which signifies that the
specimens were not obtained in contravention of the laws of that
country for conservation, is required if the shipment originates from
the Party that added the species to Appendix III, in this case Costa
Rica. Export from the other Party countries in the Americas requires
the issuance of either a certificate from the country of origin, a
certificate from the country of re-export, or a pre-Convention
certificate (from the country of export); these documents legally
verify either (1) that the specimens that were acquired since the date
of the species' listing originated in a non-listing country; (2) that
they are being re-exported after an importation in accordance with
CITES; or (3) that they were acquired before the provisions of the
Convention applied to them. All the countries of South America, Central
America, and North America and some countries in the Caribbean are
Parties to the Convention. Beginning in 1976 with Resolution Conf. 1.5,
the Parties have recommended that Article X of CITES be applied so that
equivalent documentation is required from non-Parties to the
Convention.
The Convention's Secretariat as well as the United States Office of
Management Authority have made inquiries regarding the certificates of
origin that exporting range countries plan to issue for shipments of
the specimens of this species (e.g., saw-logs, sawn wood, or veneer
sheets). By February 9, 1996, responses had been received from Mexico,
Guatemala, Belize, Honduras, Nicaragua, Venezuela, Bolivia, and Brazil.
For information on the types of documents required for such importation
into the United States, as well as requests for any documents needed
for such re-export or export from the United States, contact the
Service's Office of Management Authority (address and phone number
above).
Any Party at any time may enter a reservation on a species added to
Appendix III. A Party that has entered a reservation is treated as a
country that is not party to the Convention with respect to the trade
in the species concerned (until such time as that Party withdraws its
reservation). The limited effects of a reservation in alleviating
importers and exporters from documentation requirements with the other
CITES Parties were thoroughly discussed in a Federal Register notice on
November 17, 1987 (52 FR 43924). In a subsequent Federal Register
notice of March 28, 1988 (53 FR 9945; see also 53 FR 12497, April 14,
1988), the Service made a procedural change in requesting comments
about such reservations for species added to Appendix III. Because the
effects of such a reservation are limited, and there is also no time
limit for reserving on a species added to Appendix III, a proposed rule
is not published at the time the list in Sec. 23.23 is amended.
Regardless of any U.S. decision to enter a reservation, this particular
amendment to Appendix III entered into force on November 16, 1995,
under terms of the Convention. Publishing this rule informs the public
of this international action while still affording those interested the
opportunity and time to assess the merits of entering a reservation.
Therefore, good cause exists to omit a proposed-rule and public-comment
process, since it is unnecessary and contrary to the public interest [5
U.S.C. 553(b)]. Because bigleaf mahogany in the Americas was added to
Appendix III of the Convention effective on November 16, 1995, and
because of the other reasons stated herein, the Service finds that good
cause exists for making this rule effective upon its date of
publication [5 U.S.C. 553(d)]. Accordingly, paragraph (f) of Sec. 23.23
of 50 CFR is amended at the conclusion of this document.
At the ninth meeting of the Conference of the Parties to the
Convention, the United States was among 50 of 83 Parties that voted in
favor of including this species in Appendix II, which fell short of the
two-thirds majority needed for adoption (see the Federal Register
notices of November 8, 1994 [59 FR 55617] and January 3, 1995 [60 FR
73]). The Service has not recommended entering a reservation on this
Appendix III listing. Consideration for doing so would be given if
valid and compelling reasons are shown that implementation of this
listing would be contrary to the interests or laws of the United
States. The Service now solicits comments on whether to enter a
reservation, and particularly seeks any new information that becomes
available. The Service will consider all comments received, and if
appropriate, will recommend that the United States submit a reservation
to the depositary government (which is Switzerland).
Revision in CFR Based on Previous Changes to Appendices
The first sentence of 50 CFR 23.23(d) stipulates that the readily
recognizable parts and derivatives of the animals and plants included
in the CITES appendices are subject to the regulations of this part,
unless specified otherwise for particular species in certain appendices
(see 60 FR 50477, September 29, 1995 and 60 FR 52450, October 6, 1995).
The present rule provides the opportunity for a minor corrective change
to that sentence to clarify that exclusions of parts or derivatives for
certain plant species are presented with the particular entry on that
species, whereas for other plant taxa the exclusions or exemptions are
presented categorically in the text of 50 CFR 23.23(d).
The opening language of Sec. 23.23(d) in those recent Federal
Register notices mistakenly omitted reference to Appendices II and III
listings of plant species that may contain exclusions of certain
readily recognizable parts and derivatives that are not addressed by
the categorical exclusions specified in
[[Page 6795]]
paragraph (d). This ambiguity is corrected in this rule in order to
explicitly eliminate possible perception of additional regulation of
certain Appendix II or Appendix III plant products. Absent compelling
biological reasons, the United States should not be regulating parts or
derivatives of Appendix II or III species that have not been specified
by the Parties as in need of trade control. This amendment thus
relieves unnecessary potential import restriction and avoids potential
inconsistent application of CITES requirements for Appendix II or III
plant shipments. For the reasons set out above, the Service finds that
good cause exists to omit the public notice-and-comment procedure of 5
U.S.C. 553(b), since such public process would be unnecessary and
contrary to the public interest by continuing a potential needless
regulatory burden and by potentially leading to inconsistent
administration of CITES for some Appendix II or III plant shipments.
For these same reasons, the Service finds that good cause exists for
making this change effective upon publication of this notice [5 U.S.C.
553(d) (1) & (3)].
Other Procedural Requirements
The Department has determined that changes to the Convention
appendices, which result from actions of the Parties to the treaty, do
not require preparation of Environmental Assessments as defined under
authority of the National Environmental Policy Act (42 U.S.C. 4321-
4347). Since this Appendix III action has been taken by Costa Rica and
communicated by the CITES Secretariat, the Department also has
determined that the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
does not apply to this listing process. This rule was not subject to
review by the Office of Management and Budget under Executive Order
12866.
This document was prepared by Drs. Bruce MacBryde and Charles W.
Dane, Office of Scientific Authority, under the authority of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 87
Stat. 884, as amended).
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, and Treaties.
Regulation Promulgation
PART 23--ENDANGERED SPECIES CONVENTION
Accordingly, for the reasons set out above in this document, Part
23, Subpart C of Title 50 (Chapter I, Subchapter B) of the Code of
Federal Regulations is amended as set forth below:
1. The authority citation for Part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
2. Section 23.23 is amended by revising paragraph (d) introductory
text to read as follows:
Sec. 23.23 Species listed in Appendices I, II, and III.
* * * * *
(d) Unless specified otherwise, all living or dead animals and
plants in Appendix I, II or III, and all their readily recognizable
parts and derivatives, are subject to the regulations of this Part.
Excluded are specified parts or derivatives of particular Appendix III
animal species and Appendix II and Appendix III plant species as
indicated in the listings of those taxa in subsection (f) below;
furthermore, the following specified parts or derivatives of certain
plants are categorically excluded or exempted:
* * * * *
3. Section 23.23(f) is amended by adding the following entry
between the entries for Swietenia humilis and Swietenia mahagoni under
the plant family Meliaceae:
* * * * *
(f) * * *
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First listing date
Species Common name Appendix (month/day/year)
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Plant kingdom--Family meliaceae: Plants--Mahogany family.
* * * * * *
*
Swietenia macrophylla populations Bigleaf mahogany........ III (Costa Rica)......... 11/16/95
in the Americas (including saw-
logs, sawn wood, and veneers,
but no other parts or
derivatives, e.g., products).
* * * * * *
*
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Dated: January 22, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-3366 Filed 2-21-96; 8:45 am]
BILLING CODE 4310-55-M
