[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Proposed Rules]
[Pages 18731-18737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9924]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
Foreign Proposals To Amend Appendices to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of amendments to CITES Appendices proposed by foreign
countries and public meeting.
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SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES or Convention) regulates international
trade in certain animals and plants. Species for which trade is
controlled are listed in Appendices I, II, and III to CITES. Any
country that is a party to CITES may propose amendments to Appendix I
or II for consideration by the other Parties.
This notice announces the tentative negotiating positions of the
United States on proposals submitted by Parties other than the United
States and invites information and comments on these proposals in order
to develop negotiating positions for the U.S. delegation. The proposals
will be considered at the tenth regular Meeting of the Conference of
the Parties (COP10) to be held in Harare, Zimbabwe, June 9-20, 1997.
DATES: The U.S. Fish and Wildlife Service (Service) will consider all
comments received through May 9, 1997, in developing negotiating
positions. In addition the public will have opportunity for input at a
public meeting to be held on April 25, 1997 (see elsewhere in this
notice). The Service plans to publish a notice of its negotiating
positions prior to COP10.
ADDRESSES: Please send correspondence concerning this notice to Chief,
Office of Scientific Authority; 4401 North Fairfax Drive, Room 750;
Arlington, Virginia 22203. Fax number 703-358-2276. Comments and other
information received will be available for public inspection by
appointment, from 8 a.m. to 4 p.m. Monday through Friday, at the above
address.
FOR FURTHER INFORMATION CONTACT: Dr. Marshall A. Howe (animal
proposals) or Dr. Bruce MacBryde (plant proposals), Office of
Scientific Authority, at the above address; telephone 703-358-1708.
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 regulate international trade in
certain animal and plant species which are or may become threatened
with extinction and are listed in Appendices to the Convention.
Currently, 135 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 for the
Parties, consider amendments to the list of species in Appendices I and
II, consider reports presented by the Secretariat, and make
recommendations for improving the effectiveness of the Convention. The
tenth regular meeting of the Conference of the Parties (COP10) will be
held in Harare, Zimbabwe, June 9-20, 1997.
This notice is part of a series of notices which, together with
public meetings, encourage the public to participate in the development
of the U.S. positions for COP10. In a March 1, 1996 Federal Register
notice (61 FR 8019), the Service requested public recommendations or
draft proposals to amend Appendix I or II that the United States might
consider proposing at COP10. That notice described the provisions of
CITES for listing species in the Appendices and set forth information
requirements for proposals, based on new listing criteria adopted by
the Parties at COP9. Federal Register notices on August 28, 1996 (61 FR
44324) and December 20, 1996 (61 FR 67293) requested additional
comments from the public on species proposals still being considered
after review of materials received in response to the March 1, 1996,
notice. On the basis of a thorough review of comments received, the
Service identified those proposals that met the listing criteria and
presented the most compelling bases for amending the Appendices. These
proposals to amend the Appendices were submitted to the CITES
Secretariat on January 10, 1997, to be considered and voted upon by the
Parties at COP10. The decisions on the various proposals and the
rationale for each will be published in another Federal Register
notice.
[[Page 18732]]
This notice announces proposals submitted by Parties other than the
United States for consideration at the forthcoming meeting of the
Parties and sets forth tentative negotiating positions of the United
States on foreign proposals. CITES regulates import, export, re-export,
and introduction from the sea of certain animal and plant species.
Species for which 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 includes 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 nation identifies as being
subject to regulation within its jurisdiction for purposes of
preventing or restricting exploitation, and for which it needs the
cooperation of other Parties in controlling trade.
Any Party nation may propose amendments to Appendices I and II for
consideration at the meetings of the Conference of the 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 and the Secretariat's own findings and
recommendations to all Parties no later than 30 days before the
meeting. Amendments to the Appendices are adopted by a two-thirds
majority of the Parties present and voting.
Information Sought
The Service solicits comments on tentative negotiating positions
for the United States on proposed species amendments submitted by
Parties other than the United States. Information is also sought on the
biological status of the affected species, on the amount and type of
trade in specimens of the species, and on the impact of trade on their
populations, especially as it relates to any potential effects on
survival of the species in all or parts of its range. Comments that
provide this information based on the new criteria for adding or
removing species from the Appendices (Resolution Conf. 9.24) would be
especially helpful. The Service will solicit comments on tentative U.S.
positions for items on the COP10 agenda other than proposed amendments
to the Appendices, in another Federal Register notice.
The present, tentative negotiating positions for the United States
are based mainly on review of information presented in the proposals
submitted by proponents and in terms of the criteria in Resolution
Conf. 9.24, adopted at COP9. Several proposals have not yet been fully
translated into English from the Spanish or French. Because information
provided in some of the proposals or otherwise available to the Service
is too incomplete to allow a thorough review of their merits, several
of the tentative negotiating positions presented may be revised as
additional biological and trade data are obtained. Final guidance for
the delegation is to be based on the best available biological and
trade information, including comments received in response to this
notice and discussions at COP10 with other governments, scientists, and
technical experts.
Proposals
In accordance with the provisions of Article XV, paragraph 1(a) of
the Convention the following CITES Parties, in addition to the United
States, have submitted proposals for changes to Appendices I and II of
the Convention: Argentina, Australia, Bangladesh, Bolivia, Botswana,
Bulgaria, Canada, China, Cuba, Denmark, Finland, Germany, India, Japan,
Jordan, Madagascar, Mexico, Namibia, Netherlands, New Zealand, Norway,
Peru, South Africa, Switzerland, Tanzania, Thailand, Uganda, Venezuela,
and Zimbabwe.
A total of 63 proposals on plant and animal species were submitted
by countries other than the United States, including 9 proposals that
were submitted based on the ``Periodic Review'' concept first adopted
at the 1981 Conference of the Parties in New Delhi, India. The Periodic
Review process seeks to correct or clarify the inclusion of species
listed at the Plenipotentiary Conference and COP1, before listing
criteria were adopted. Some of the proposals submitted by Switzerland
under this process recommend the deletion from the Appendices of those
species that have not been reported in trade, unless the species should
be included in Appendix II because of similarity in appearance to
related taxa that do appear in trade.
It is the U.S. position (and has been at earlier COPs) that the
lack of reported trade for some species should not be the sole basis
for their deletion from the Appendices. The lack of reported trade for
some species proposed for deletion from the Appendices may be due to
(1) their rarity, (2) effective limits on trade by range States for the
benefit of the species in that the range States may determine that
trade would be detrimental to the survival of the species, or (3) the
lack of proper documentation on the reporting of trade. Consequently,
the Service does not believe that lack of appearance in trade is, by
itself, a sufficient reason to warrant the removal of a taxon from the
Appendices. In establishing a tentative negotiating position on these
``Periodic Review'' delisting proposals, the Service considered the
degree of vulnerability of the species and the likelihood of it
entering trade, and the net conservation effect of delisting.
Proposals submitted by Parties other than the United States are
listed in the following table. Tentative negotiating positions and the
basis for making them are indicated. These tentative positions were
developed largely on the basis of the information contained in the
proposals unless the Service has information on the species in its
files, particularly from earlier COPs or meetings of permanent CITES
committees. If insufficient population and/or trade information was
provided, the United States' current position is to either oppose the
proposal or consider it still under review, depending upon the
particular circumstances, pending receipt of additional information.
The complete text of each proposal received is available for public
inspection at the Service's Office of Scientific Authority (see
Addresses above). The text of any referenced resolution from previous
meetings of the Conference of the Parties is available from the
Service's Office of Scientific Authority or Office of Management
Authority.
Proposed amendments and tentative United States negotiating
positions are as follows:
[[Page 18733]]
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Species Proposed amendment Proponent Tentative U.S. position
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Mammals
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Order Diprotodontia:
Burramys parvus (Mountain Deletion from Australia........... Support.\1\
pygmy possum). Appendix II.
Dendrolagus bennettianus Deletion from Australia........... Support.\1\
(Bennett's tree kangaroo). Appendix II.
Dendrolagus lumholtzi Deletion from Australia........... Support.\1\
(Lumholtz's tree kangaroo). Appendix II.
Order Xenarthra:
Chaetophractus nationi (Hairy Inclusion in Appendix Bolivia............. Support.\1\
armadillo). I.
Order Cetacea:
Eschrichtius robustus (Gray Transfer of the Japan............... Oppose.\2\
whale). Eastern Pacific
stock from Appendix
I to II.
Balaenoptera acutorostrata Transfer of the Japan............... Oppose.\2\
(Minke whale). Okhotsk Sea West
Pacific and the
Southern Hemisphere
stocks from Appendix
I to II.
Balaenoptera acutorostrata Transfer of the Norway.............. Oppose.\2\
(Minke whale). Northeast Atlantic
and the North
Atlantic Central
stocks from Appendix
I to II.
Balaenoptera edeni (Bryde's Transfer of the North Japan............... Oppose.\2\
whale). Pacific Western
stock from Appendix
I to II.
Order Carnivora:
Ursus arctos (Brown bear)..... Transfer of all Asian Bulgaria and Jordan. Under review.\3\
and European
populations from
Appendix II to I.
Ursus arctos (Brown bear)..... Transfer of all Asian Finland............. Under review.\3\
and European
populations from
Appendix II to I.
Panthera onca (Jaguar)........ Establishment of Venezuela........... Oppose.\4\
annual export quotas
for hunting trophies
of zero in 1997,
1998, and 1999 and
of 50 thereafter.
Order Proboscidea:
Loxodonta africana (African Transfer of the Botswana, Namibia, Under review.\6\ \7\ \8\
elephant). Botswanan population and Zimbabwe.
from Appendix I to
II, with certain
annotations.\5\
Loxodonta africana (African Transfer of the Botswana, Namibia, Under review.\6\ \8\ \10\
elephant). Namibian population and Zimbabwe.
from Appendix I to
II, with certain
annotations.\9\
Loxodonta africana (African Transfer of the Botswana, Namibia, Under review.\6\ \8\ \12\
elephant). Zimbabwean and Zimbabwe.
population from
Appendix I to II,
with certain
annotations.\11\
Order Perissodactyla:
Ceratotherium simum simum Amendment to South Africa........ Oppose.\13\
(Southern white rhinoceros). annotation 503 in
the CITES Appendices
to allow trade in
parts and
derivatives but with
a zero export quota.
Order Artiodactyla:
Pecari tajacu (Collared Deletion from Mexico.............. Oppose.\14\
peccary). Appendix II (Mexican
population).
Vicugna vicugna (Vicuna)...... Annotated transfer of Argentina........... Under review.\16\
certain populations
to Appendix II \15\.
Vicugna vicugna (Vicuna)...... Annotated transfer of Bolivia............. Support.1 18
certain populations
to Appendix II \17\.
Vicugna vicugna (Vicuna)...... Amendment to Peru................ Support.\19\
annotation 504 in
the CITES Appendices
to replace the words
``VICUNANDES-CHILE''
and ``VICUNANDES-
PERU'' with the
words ``VICUNA-
COUNTRY OF ORIGIN''.
Vicugna vicugna (Vicuna)...... Amendment to Peru................ Support.\19\
annotation 504 (in
the CITES Appendices
list) to allow also
the countries that
are members of the
Vicuna Convention to
utilize the term
VICUNA-PAIS DE
ORIGEN-ARTESANIA,
along with the
authorized
trademark, on luxury
handicrafts and
knitted articles
made of wool sheared
from live vicunas
from Appendix II
populations.
Elaphurus davidianus (Pere Inclusion in Appendix Argentina and China. Support.\1\
David's deer). II.
Bison bison athabascae (Wood Transfer from Canada.............. Under review.\20\
bison). Appendix I to II in
accordance with
precautionary
measure B.2.b of
Resolution Conf.
9.24, Annex 4.
[[Page 18734]]
Bos javanicus (Banteng)....... Inclusion in Appendix Thailand............ Support.1 21
I.
Bubalus arnee (Water buffalo). Include in Appendix I Thailand............ Support.\1\
Ovis ammon nigrimontana (Kara Transfer from Germany............. Support.\1\
Tau argali). Appendix II to I.
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Birds
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Order Galliformes
Pauxi pauxi (Northern helmeted Inclusion in Appendix Netherlands......... Oppose.\22\
curassow). II.
Pauxi unicornis (Horned Inclusion in Appendix Netherlands......... Oppose.\22\
curassow). II.
Order Gruiformes
Turnix melanogaster (Black- Deletion from Australia........... Oppose.\23\
breasted button-quail). Appendix II.
Pedionomus torquatus (Plains Deletion from Australia........... Support.\1\
wanderer). Appendix II.
Gallirallus australis hectori Deletion from New Zealand......... Support.\1\
(Eastern weka rail). Appendix II.
Order Psittaciformes
Amazona agilis (Black-billed Transfer from Germany............. Support.\1\
parrot). Appendix II to I.
Amazona viridigenalis (Red- Transfer from Germany............. Support.\1\
crowned parrot). Appendix II to I.
Cacatua sulphurea (Lesser Transfer from Germany............. Support.\1\
sulphur-crested cockatoo). Appendix II to I.
Eunymphicus cornutus uvaeensis Transfer from Germany............. Oppose.\24\
(Ouvea horned parakeet). Appendix II to I.
Vini kuhlii (Kuhl's lorikeet). Transfer from Germany............. Support.\1\
Appendix II to I.
Vini peruviana (Tahitian Transfer from Germany............. Support.\1\
lorikeet). Appendix II to I.
Vini ultramarina (Ultramarine Transfer from Germany............. Support.\1\
lorikeet). Appendix II to I.
Order Coraciiformes:
Aceros waldeni (Writhed-billed Transfer from Germany............. Support.\1\
hornbill). Appendix II to I.
Order Passeriformes:
Leiothrix argentauris (Silver- Inclusion in Appendix Netherlands......... Support.\1\
eared mesia). II.
Leiothrix lutea (Red-billed Inclusion in Appendix Netherlands......... Support.\1\
leiothrix). II.
Liocichla omeiensis (Omei Shan Inclusion in Appendix Netherlands......... Support.\1\
liocichla). II.
Tangara fastuosa (Seven- Inclusion in Appendix Germany and the Support.\1\
colored tanager). II. Netherlands.
Amandava formosa (Green Inclusion in Appendix Netherlands......... Support.\1\
avadavat). II.
Padda oryzivora (Java sparrow) Inclusion in Appendix Netherlands......... Support.\1\
II.
Gracula religiosa (Hill mynah) Include in Appendix Netherlands and the Support.\1\
II. Phillipines.
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Reptiles
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Order Testudinata:
Callagur borneoensis (Painted Inclusion in Appendix Germany............. Support.\1\
terrapin). II.
Eretmochelys imbricata Transfer of the Cuban Cuba................ Oppose.\14\
(Hawksbill sea turtle). population from
Appendix I to II
with certain
annotations \25\.
Order Crocodylia:
Caiman latirostris (Broad- Transfer of the Argentina........... Under review.\26\
snouted caiman). Argentine population
from Appendix I to
II, pursuant to
resolution on
ranching.
Crocodylus niloticus (Nile Maintenance of the Madagascar.......... Under review.\26\
crocodile). Malagasy population
in Appendix II,
pursuant to
resolution on
ranching.
Crocodylus niloticus (Nile Establishment of an Tanzania............ Under review.\26\
crocodile). annual export quota
of 1000 skins and
100 hunting trophies
from wild animals
for the years 1998-
2000.
Crocodylus niloticus (Nile Maintenance of the Uganda.............. Under review.\26\
crocodile). Ugandan population
in Appendix II,
pursuant to
resolution on
ranching.
Order Sauria:
Varanus bengalensis (Indian Transfer of the Bangladesh.......... Oppose.14
monitor). population of
Bangladesh from
Appendix I to II
subject to annual
export quotas of
150,000 skins in
1997 and 225,000 in
1998 and 1999.
[[Page 18735]]
Varanus flavescens (Yellow Transfer of the Bangladesh.......... Oppose.14
monitor). population of
Bangladesh from
Appendix I to II
subject to annual
export quotas of
100,000 skins in
1997, 1998, and 1999.
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Amphibians
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Order Anura:
Mantella bernhardi (Golden Inclusion in Appendix Netherlands......... Support.1
mantella). II.
Mantella cowani (Golden Inclusion in Appendix Netherlands......... Support.1
mantella). II.
Mantella haraldmeieri (Golden Inclusion in Appendix Netherlands......... Support.1
mantella). II.
Mantella viridis (Golden Inclusion in Appendix Netherlands......... Support.1
mantella). II.
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Mollusks
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Class Gastropoda:
Paryphanta spp. (New Zealand Deletion from Switzerland......... Support.1
amber snails). Appendix II.
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Other Animal Proposals
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Any Appendix II species annotated Amendment to the Switzerland......... Support.27
to limit the trade to certain relevant annotations
types of specimens. of Appendix II
species annotated to
limit the trade to
certain types of
specimens, to
include the
following wording:
``All other
specimens shall be
deemed to be
specimens of species
included in Appendix
I and the trade in
them shall be
regulated
accordingly''.
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Plants--General
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Araliaceae: Panax quinquefolius Amend the Appendix II Switzerland......... Support.28 29
(American ginseng). listing of this
species (cf. current
annotation #3), to
include only the
following parts:
``Roots and
specimens
recognizable as
being parts of
roots''.
Cactaceae spp. (Cacti): Mexican Amend the Appendix II Mexico.............. Support.1 6 30
cacti. listing for this
family (cf. current
annotation #4), to
include seeds of
cacti from Mexico,
except those seeds
obtained from
artificial
propagation in
Production Units.
Leguminosae (Fabaceae): Pericopsis Amend the Appendix II Switzerland......... Support.31
elata (Afrormosia), and listing of these two
Meliaceae: Swietenia mahagoni species (cf. current
(Caribbean mahogany). annotation #5), to
include only the
following parts:
``Logs, sawn wood,
and veneer sheets''.
Proteaceae:
Orothamnus zeyheri (Marsh- Transfer from South Africa........ Support.1
rose). Appendix I to
Appendix II, in
accordance with
precautionary
measure B.2.b) of
Resol. Conf. 9.24,
Annex 4.
Protea odorata (Ground-rose or Transfer from South Africa........ Oppose.14 23 32
Swartland sugarbush). Appendix I to
Appendix II, in
accordance with
precautionary
measure B.2.b) of
Resol. Conf. 9.24,
Annex 4.
Scrophulariaceae: Picrorhiza Include in Appendix India............... Support.1 29
kurrooa (Kutki). II, along with only
the following parts
33: ``Roots
[i.e.,rhizomes/
rootstocks] and
readily recognizable
parts thereof''.
Theaceae: Camellia chrysantha, Delete from Appendix China............... Support.1
which is Camellia petelotii in II..
part (Golden-flowered camellia).
Valerianaceae: Nardostachys Include in Appendix India............... Support.1 29
grandiflora (=Nardostachys II, along with only
jatamansi misapplied) (Himalayan the following parts
nard or spikenard). 33: ``Roots
[i.e.,rhizomes/
rootstocks] and
readily recognizable
parts thereof''.
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Plants--Artificial Propagation
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Families other than Orchidaceae Amend the listings of Switzerland......... Oppose 14 34
(Orchids). most plant families
now in Appendix II
(current annotations
#1, #2, #4, and #8),
to also exclude the
following part:
``Cut flowers of
artificially
propagated plants''.
[[Page 18736]]
Cactaceae spp. (Cacti): (1) Hybrid Amend the Appendix II Denmark............. Under review.\37\
Easter cactus; (2) Christmas listing for this
cactus, or Crab cactus; (3) Red family (cf. current
cap cactus, Oriental moon cactus; annotation #4), to
and (4) Bunny ears cactus.. exclude artificially
propagated specimens
of the following
hybrids and/or
cultivars: (1)
Hatiora graeseri (=
H. gaertneri H.
rosea); (2)
Schlumbergera (=
Zygocactus) hybrids
and cultivars [sic]
\35\ (S. truncata
cultivars, and its
hybrids with S.
opuntioides [= S.
exotica], S.
orssichiana, and S.
russelliana [= S.
buckleyi]); (3)
Gymnocalycium
mihanovichii
cultivars (those
lacking chlorophyll,
grafted \36\); and
(4) Opuntia
microdasys.
Euphorbiaceae: Succulent Euphorbia Amend the Appendix II Denmark............. Under review.\37\
spp. (Succulent euphorbs): Three- listing of succulent
ribbed milk tree. Euphorbia spp., with
an annotation to
exclude artificially
propagated specimens
of Euphorbia trigona
cultivars.\38\.
Primulaceae: Cyclamen spp. Amend the Appendix II Denmark............. Under review.\37\
(Cyclamens): Florist's cyclamen. listing of Cyclamen
spp., with an
annotation to
exclude artificially
propagated specimens
of the hybrids and
cultivars of
Cyclamen persicum,
except when traded
as dormant tubers.
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\1\ The listing, uplisting, downlisting, or delisting of this taxon (or parts in the case of some plants)
appears to be consistent with the relevant biological, trade, and precautionary criteria of Resolution Conf.
9.24.
\2\ The United States continues to support the 1978 request from the International Whaling Commission (IWC) to
take all possible measures to support the IWC ban on commercial whaling for certain species and stocks of
whales and therefore opposes the transfer of this species from Appendix I to Appendix II.
\3\ The proposal from Bulgaria and Jordan defers to the details presented in the proposal from Finland. Although
it is clear that the European populations of this species not presently included in Appendix I meet the
criteria for Appendix I, the United States is not presently convinced by the proposal or other information
that the remaining populations proposed for transfer to Appendix I qualify. Russian populations are subject to
a managed sport harvest that appears to be in itself sustainable, but these populations in particular are
prone to illegal take for medicinal products. The proposal remains under review, while the United States seeks
additional information on the magnitude of the threat of illegal trade in Russian and eastern Asian
populations to determine if the proposal is warranted in its entirety.
\4\ The proposal acknowledges that the jaguar population proposed for phased-in trophy-hunting may be the most
threatened population in the country. The United States opposes this proposal without (a) a more convincing
case that trophy hunting will not add to existing pressure on the jaguar population and (b) a management plan
involving comprehensive population monitoring in the affected area.
\5\ Annotated to allow: (a) The direct export of registered stocks of wholeraw tusks of Botswana origin to one
trading partner (Japan) subject to annual quotas of 12.68 t. in 1998 and 1999; (b) international trade in
hunting trophies; and (c) international trade in live animals to appropriate and acceptable destinations.
\6\ The proposal presents biological information that supports the proposed action.
\7\ The Panel of Experts report on this proposal noted deficiencies in the record-keeping system for the ivory
stockpile and showed there is no clear plan for use of ivory revenues to benefit elephant conservation. It
also noted the existence of some movement of ivory through the country. The United States has concerns about
these reported deficiencies and about the adequacy of trade controls in the importing country.
\8\ The United States is consulting other African elephant range states to determine whether adoption of this
proposal by the Parties would cause conservation concerns in other portions of the species' range.
\9\ Annotated to allow: (a) The direct export of registered stocks of whole raw tusks of Namibian origin owned
by the government of Namibia to one trading partner (Japan) that will not re-export, subject to annual quotas
that will not exceed 6900 kg. between September 1997 and August 1998 and between September 1998 and August
1999; (b) international trade in live animals to appropriate and acceptable destinations for non-commercial
purposes; and (c) international trade in hunting trophies for non-commercial purposes.
\10\ Although noting there is probably some movement of ivory through the country, the Panel of Experts reported
satisfactory to excellent internal management controls in Namibia and an excellent legal structure for
establishing a conservation fund with ivory stock sale revenues. The Panel concluded that the proposal would
likely benefit elephant conservation in Namibia. The United States has concerns about the adequacy of trade
controls in the importing country.
\11\ Annotated to allow: (a) The direct export of registered stocks of whole raw tusks to one trading partner
(Japan) subject to annual quotas of 10 t. in 1998 and 1999; b) international trade in hunting trophies; c)
international trade in live animals to appropriate and acceptable destinations; d) international trade in non-
commercial shipments of leather articles and ivory carvings; and e) export of hides.
\12\ The Panel of Experts noted deficiencies in trade enforcement controls in Zimbabwe, including failure to
prevent illegal exports of large commercial shipments of worked ivory, and showed there is no clear plan for
use of ivory revenues to benefit elephant conservation. It also noted the existence of significant movement of
ivory through the country. The United States has concerns about these reported deficiencies and about the
adequacy of trade controls in the importing country.
\13\ While acknowledging the excellent record of the government of South Africa in restoring populations of this
species, the United States is concerned about potential detrimental effects of re-opening a legal
international trade in rhinoceros horn. The United States has invested considerable effort into encouraging
use of alternatives to rhinoceros horn derivatives in traditional Asian medicines.
\14\ The proposal does not present sufficient biological information to justify the listing, uplisting,
downlisting, or delisting as proposed, based on the criteria in Resolution Conf. 9.24.
\15\ Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of
Jujuy, Salta, Catamarca, La Rioja, and San Juan, Argentina, from Appendix I to II, with an annotation to allow
only the international trade in wool sheared from live vicunas, and in cloth and manufactured items made
thereof, under the mark, ``VICUNAA-ARGENTINA.''
\16\ Although the population may no longer meet the biological criteria for Appendix I, more detailed
information on population inventory methods for wild herds and on management and transparency of the
conservation fund are desirable in light of the precautionary measures of Annex 4 of Resolution Conf. 9.24.
The proposal remains under review while the United States seeks clarification.
\17\ Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas,
Bolivia, from Appendix I to II, with an annotation to allow only the international trade in cloth and
manufactured items made thereof, under the mark, ``VICUN-BOLIVIA.''
\18\ The proposal presents excellent population data and a well conceived approach to development of management
plans and follow-through monitoring of the effectiveness of vicuna management in different socio-economic
regimes.
\19\ The United States sees no difficulties with such a change in the labeling of approved products.
[[Page 18737]]
\20\ Although the United States believes that trade in wood bison presently in captivity would have no negative
impact on the wild population, the species, based on information in the proposal, still appears to meet the
criteria for retention in Appendix I. The proposal remains under review, while the United States consults with
Canada to obtain clarification on the species' status.
\21\ The United States supports the exclusion from this proposal of introduced populations remote from the
natural range, e.g., the introduced population of Australia.
\22\ The species does not appear to be subject to international trade.
\23\ Although trade is not recorded, the population is so small that retention in the Appendices would seem
advisable as a precautionary measure in the event illegal trade should ever occur.
\24\ Because the subspecies are extremely similar and occur in the same jurisdiction, the proposed split-listing
would be practically unenforceable and would be inconsistent with Annex 3 of Resolution Conf. 9.24.
\25\ Annotated to allow: (a) trade in current registered stocks of shell with one trading partner (Japan) that
will not re-export; and b) export in one shipment per year, to the same partner, of shell marked in compliance
with Resolution Conf. 5.16, which allows definitive identification of origin, from a traditional harvest
(maximum 500 individuals per year) or from an experimental ranching program (anticipated: 50 individuals in
the first year; 100 in the second year; and 300 in the third year).
\26\ The transfer of certain populations of crocodilians from Appendix I to II is possible pursuant to
Resolution Conf. 3.15, 5.16, and 8.22 (ranching) and 9.24 (export quota). The United States is seeking
information on whether (1) annual reports will be filed regularly with the CITES Secretariat by the proponent;
(2) there is an adequate basis for monitoring the status of wild populations; (3) management plans provide for
the return of animals to the wild in numbers as appropriate; and (4) there is an implementable limit on the
harvest of wild juveniles and adults.
\27\ The United States believes the recommended language would clarify annotated downlistings, such as that of
the South African population of the white rhinoceros, and eliminates the possibility of misinterpretation or
abuse of the downlisting provisions. The United States looks forward to a detailed discussion of annotated
downlistings from legal and technical perspectives at COP10.
\28\ The current listing includes ``Roots and readily recognizable parts thereof''. The proposed revision is
considered to be a minor change, which would clarify and keep the intent of the 1985 proposal (at COP5) to
include whole roots and the larger parts thereof, and to exclude minor pieces and processed products. Some
importing Parties have found that the current annotation can be interpreted too broadly.
\29\ The United States will recommend standardization of the inclusion of the parts for Panax quinquefolius
(American ginseng), Picrorhiza kurrooa (Kutki), and Nardostachys grandiflora (Himalayan nard), with the
annotation ``Roots, rhizomes or rootstocks, and specimens recognizable as being parts thereof''. This would
keep the intent of the proposal of Switzerland for Panax quinquefolius, and the intent of the proposals of
India for the other two species, while accommodating those two species' different morphology of having
rhizomes or rootstocks.
\30\ This proposal is considered necessary to assist enforcement of Mexican law that regulates the export of
seeds collected in the wild from cacti in Mexico. The Government of Mexico, at the November 1996 meeting of
the CITES Plants Committee, presented information on recent violations of Mexican law and over-collection of
cactus seeds of various taxa for export to various Party countries. The United States is discussing with
Mexico how they intend to administer the differentiation of seeds collected in the wild from seeds produced by
artificial propagation in their Production Units (i.e., nurseries). We understand that this proposal only
covers the populations of cacti in Mexico; it does not cover populations of Mexican cacti native beyond
Mexico, or specimens of Mexican cacti artificially propagated elsewhere than in Mexico.
\31\ These two current listings include ``Saw-logs, sawn wood, and veneers''. The proposed revision is
considered to be a minor change, which would correspond to the categories and definitions of HS codes 44.03
(logs), 44.06 and 44.07 (sawn wood), and 44.08 (veneer sheets) in the Harmonized System of the World Customs
Organization. The change was recommended by the CITES Timber Working Group.
\32\ There are so few individuals and populations of this species known in the wild, and so few artificially
propagated individuals available in cultivation, that continued inclusion of the species in Appendix I is
considered to be a needed precaution.
\33\ The proposal for this species discusses its rhizomes or rootstocks rather than botanical roots.
\34\ The proposal apparently seeks to establish a new standard exclusion for Appendix II taxa, but does not
provide information to show that there presently is an unnecessary regulatory burden on a cut-flower trade in
the listed Appendix II taxa (or actual complications in any trading of their hybrids with Appendix I taxa).
Furthermore, the proposal did not address the taxa of Nepal in Appendix III, which also have their listings
standardized with the current annotation #1. The conservation of species in the wild is considered to be
better served with the present standard listing for Appendix II (and Appendix III), to which exceptions could
be made if warranted in future proposals for particular taxa (as was done for the Orchidaceae or orchids).
\35\ This proposal is considered to not include all taxa (or hybrids and cultivars) of Schlumbergera, but just
those listed in detail in the proposal and in this Federal Register notice.
\36\ The proposal stated that the artificially propagated grafting stocks are mostly specimens of Hylocereus
species and Harrisia ``Jusbertii'', but these taxa (and any other cactus taxa that might be used as grafting
stock) were not directly presented for similar exclusion.
\37\ Although the stipulated taxa are artificially propagated extensively, the risk either to other taxa in the
wild or to pertinent natural taxa needs further consideration. The burden for enforcement may be complicated
rather than relieved by excluding these artificially propagated specimens. Nevertheless, minimizing or
reducing regulation of artificially propagated specimens, when there is no risk to taxa in the wild, is a
worthy goal.
\38\ This proposal is considered not to include Euphorbia hermentiana, which we understand is not a synonym of
Euphorbia trigona.
Future Actions
Prior to COP10, the Service will announce in the Federal Register
its negotiating positions for COP10 on proposed amendments to the
Appendices by foreign countries. In that notice the Service will
solicit comments or recommendations on whether the United States should
consider taking a reservation on any of the proposed amendments to the
Appendices that are adopted by the Parties. Unless the United States
enters a reservation by September 18, 1997, any amendments adopted by
the Parties will become effective on that date. The Service will
publish a notice of proposed rulemaking that would implement such
amendments. In addition to considering proposed amendments to the
Appendices at COP10, the Parties may also consider certain
recommendations by the Nomenclature Committee that seek to clarify the
current listing status of certain species.
A public meeting will be held on Friday, April 25, 1997 from
10:00--1:00 at the Department of the Interior: Room 7000, 18th and C
Street, NW, Washington, DC. Please note that this room is accessible to
the handicapped. This meeting will provide the public an opportunity to
comment on U.S. positions leading up to COP10. In addition to foreign
species proposals, the Service will be prepared to discuss U.S.
positions on the Agenda for COP10, resolutions submitted by other
countries, and any other item of interest to the public in relation to
CITES COP10.
This notice was prepared by Drs. Marshall Howe and Bruce MacBryde,
Office of Scientific Authority, under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Date: April 11, 1997.
Jay L. Gerst,
Director.
[FR Doc. 97-9924 Filed 4-16-97; 8:45 am]
BILLING CODE 4310-55-P
