94-20050. Changes in List of Species in Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora  

  • [Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
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    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20050]
    
    
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    [Federal Register: August 16, 1994]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 23
    
    RIN 1018-AC31
    
     
    
    Changes in List of Species in Appendices to the Convention on 
    International Trade in Endangered Species of Wild Fauna and Flora
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Convention on International Trade in Endangered Species of 
    Wild Fauna and Flora (CITES or the Convention) regulates international 
    trade in certain animals and plants. Species for which such trade is 
    controlled are listed in Appendices I, II, and III to the Convention. 
    The countries participating in this treaty, including the United 
    States, have adopted species amendments to Appendices I and II. The 
    United States did not enter a reservation on any of these listing 
    amendments approved at the eighth meeting of the Conference of the 
    Parties. This document incorporates these amendments into the U.S. Fish 
    and Wildlife Service's regulations implementing the Convention.
    
    DATES: The amendments set forth in this rule entered into effect and 
    became enforceable on June 11, 1992, under the terms of the Convention. 
    Therefore, this rule is effective August 16, 1994.
    
    ADDRESSES: Please send correspondence concerning this document to 
    Chief, Office of Scientific Authority; Mail stop: Room 725, Arlington 
    Square Building; U.S. Fish and Wildlife Service; 1849 C St., NW.; 
    Washington, DC 20240; fax number 703-358-2276. Express and messenger 
    deliveries should be addressed to the Office of Scientific Authority; 
    4401 North Fairfax Drive, room 750; Arlington, Virginia 22203. 
    Materials received will be available for public inspection by 
    appointment, from 8:00 a.m. to 4:00 p.m. Monday through Friday at the 
    above address in Arlington, Virginia (room 750).
    
    FOR FURTHER INFORMATION CONTACT:
    Dr. Charles W. Dane, Chief, Office of Scientific Authority, U.S. Fish 
    and Wildlife Service, at telephone 703-358-1708.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Convention 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. Their 
    inclusion in Appendix I or II is by agreement of CITES Party countries. 
    Appendix I include species threatened with extinction that are or may 
    be affected by trade. Appendix II includes species that although not 
    necessarily now threatened with extinction may become so unless trade 
    in them is strictly controlled. It also lists species that must be 
    subject to regulation in order that trade in other currently or 
    potentially threatened species may be brought under effective control 
    (e.g., because of difficulty in distinguishing specimens of the 
    currently or potentially threatened species from the specimens of other 
    species). Appendix III includes species that any Party country 
    unilaterally designates as being subject to regulation within its 
    jurisdiction for purposes of restricting or preventing exploitation, 
    and for which cooperation of other Parties is needed to control trade.
        Any CITES Party may propose amendments to Appendices I and II for 
    consideration at meetings of the Conference of the Parties. The text of 
    proposals must be communicated to the CITES Secretariat at least 150 
    days before a meeting. The Secretariat must then consult the other 
    Parties and appropriate intergovernmental agencies, and communicate 
    responses to all Parties no later than 30 days before the meeting. 
    Amendments are adopted by consensus or a two-thirds majority of the 
    Parties present and voting.
    
    Actions of the Parties
    
        The eighth meeting of the Conference of the Parties to CITES was 
    held on March 2-13, 1992, in Kyoto, Japan. At the meeting (COP8), the 
    Parties considered 81 different proposals to amend the appendices for 
    animals and 27 different proposals for plants. The 108 proposals were 
    described in earlier Federal Register notice; and addressed in the 
    Federal Register on March 4, 1992, for proposals submitted by the 
    United States (57 FR 7719) and by other Parties (57 FR 7713). the 
    proposals that were approved by this Conference of the Parties were 
    announced in a May 13, 1993, Federal Register notice (57 FR 20443); 
    note this clarifying correction to 57 FR 20445, that the Anthracoceros 
    spp. (hornbills) also were proposed for addition to Appendix II by the 
    Netherlands (and approved). As also announced in that May 13, 1992, 
    notice, some proposals were withdrawn by their proponents or rejected 
    by the Parties.
        That notice (57 FR 20443) requested comments from the public on 
    whether the U.S. Fish and Wildlife Service (Service) should recommend 
    that the United States enter reservations on any of the listing 
    amendments. The effect of a reservation would be to exempt this country 
    from completely implementing the Convention for the particular species. 
    More comprehensive discussions of any practical effects of entering a 
    reservation and reasons for or against entering reservations are 
    contained in November 22, 1985, and December 15, 1989, Federal Register 
    notices (50 FR 48212 and 54 FR 51432, respectively). Changes to the 
    CITES appendices as a result of the eighth meeting of the Conference of 
    the Parties that are incorporated into the U.S. Code of Federal 
    Regulations are printed as the conclusion of this notice.
    
    Related Considerations
    
        Namibia and Zimbabwe proposed to transfer the cheetak (Acinonyx 
    jubatus) populations of Botswana, Malawi, Namibia, Zambia, and Zimbabwe 
    from Appendix I to Appendix II, with export quotas. In the March 4, 
    1992, Federal Register (57 FR 7713), the United States opposed this 
    amendment, since the Service had not received the proponents' 
    supporting statement from the CITES Secretariat prior to COP8. The 
    proposal was redrafted at COP8 as a resolution [see Doc. 8.22 (Rev.)] 
    retaining the species in Appendix I and establishing the following 
    quotas (for trophies and skins: 2 per person): Botswana, 5; Namibia, 
    100; and Zimbabwe, 50. However, such a resolution was deemed to be 
    unnecessary, and the quotas have been reflected in the Secretariat's 
    annotations to the appendices.
        The original proposal to transfer the sub-Saharana population of 
    leopards (Panthera pardus) from Appendix I to appendix II, with export 
    quotas, was redrafted as a revision of resolution Conf. 7.7, with the 
    quotas (for trophies and skins: 2 per person) increased for Malawi (50) 
    and South Africa (75), and initiated (new quota) for Namibia (100). the 
    Service supports the continuation of this quota system for leopard 
    trophies and skins for personal use as previously provided for in 
    resolution Conf. 7.7 and now in Conf. 8.10.
        Resolution Conf. 8.18 adopted a nomenclatorial reference as a 
    guideline for cacti (Cactaceae); therefore, several less familiar names 
    are added to the existing listings. Also, by an amendment at COP5 and 
    Resolution Conf. 6.18, the flasked artificially propagated seedlings of 
    all Appendix II species are excluded from regulation. Resolution Conf. 
    8.17(c), by interpretation of CITES Article VII(4) and Article 
    I(b)(iii), exempts the flasked artificially propagated seedlings of 
    Appendix I orchid species (details are in the March 4, 1992, Federal 
    Register; 57 FR 7774). A subsequent postal-procedures amendment also 
    addresses this topic (details are in the November 6, 1992, Federal 
    Register; 57 FR 53090). All the flasked artificially propagated orchid 
    seedlings (Orchidaceae) thus are not regulated by CITES.
    
    Comments Received and U.S. Decisions
    
        The Service received 26 public comments in response to the May 13, 
    1992, Federal Register notice: one requested that the United States 
    enter a reservation on the listing of the American black bear (Ursus 
    americanus); one requested the entering of a reservation on the listing 
    of the paddlefish (Polyodon spathula); and 24 expressed concern over 
    the permitting consequence for pre-CITES specimens from the listing of 
    Brazilian rosewood (Dalbergia nigra).
        The International Association of Fish and Wildlife Agencies urged 
    the United States to take a reservation on the listing of the American 
    black bear in Appendix II, which had been for reasons of similarity of 
    appearance [CITES Article II(2)(b)]. At the eighth meeting of the 
    Conference of the Parties to CITES, the other Party countries 
    recognized that the North American black bear populations are not 
    threatened by trade, but the sale of undocumented gall bladders 
    threatens the existence of Asian bear species that are listed in 
    Appendix I. With either an Appendix II or Appendix III listing of the 
    American black bear, all the parts of bears in international trade 
    require CITES documentation, thus eliminating undocumented parts from 
    legitimately entering the trade. Although the U.S. delegation felt that 
    Canada's previous listing of this species in Appendix III was adequate, 
    the action by the Parties in listing this black bear in Appendix II may 
    help to reduce the illegal trade in the similar-appearing parts of 
    endangered bears.
        Former Congressman Ron Marlenee of Montana requested that the 
    United States enter a reservation on the listing of the paddlefish in 
    Appendix II. He contended that the listing would seriously jeopardize a 
    non-profit paddlefish roe operation in Montana. The U.S. Fish and 
    Wildlife Service's North Central Regional Office (Region 6) had 
    prepared a proposal to add this species to Appendix I of CITES. The 
    United States submitted the proposal to the CITES Secretariat to 
    include the paddlefish in Appendix I, but with a notation that the 
    Service was seeking additional information, and might revise the 
    proposal to recommend listing in Appendix II. The United States 
    ultimately did change to propose that the paddlefish be included in 
    Appendix II, inasmuch as an Appendix II listing allows for legitimate 
    exports determined not to be detrimental to the survival of the 
    species, yet imposes the same penalties for violations of the 
    requirements for export from the United States, and establishes the 
    same trade-reporting conditions as an Appendix I listing.
        The Service received 24 comments within the comment period about 
    Brazilian rosewood (Dalbergia nigra). Nearly all supported the listing 
    of this species in Appendix I, and none requested a reservation, but 
    all expressed concern about CITES regulation of the already acquired 
    wood of this tree presently embodied in musical instruments, especially 
    guitars. The commenters were from the music industry (including 
    associations, periodical publishers, a computer bulletin-board network, 
    etc.); dealers especially in vintage guitars and including guitar-show 
    producers; and manufacturers of stringed musical instruments 
    (luthiers), especially of guitars.
        CITES provides a personal-effects exemption for such items that an 
    international traveler exports and then imports when returning home, 
    although it may be useful to declare the item to U.S. Customs at export 
    to facilitate its re-entry. First, as a precaution, travelers should 
    determine whether the countries to which they are going allow this 
    CITES exemption.
        For international commercial trade (export and re-export), CITES 
    requires certification that parts and derivatives of the species were 
    acquired before June 11, 1992 (i.e., that the wood is pre-Convention). 
    Over the last several centuries and especially in this century (until 
    1970), most guitars (as well as several other fretted musical 
    instruments such as banjos, basses, mandolins, and ukuleles) have been 
    comprised of some to much Brazilian rosewood, and many of these musical 
    instruments are in international commerce.
        The Service reviewed Brazil's proposal to include Dalbergia nigra 
    (the Brazilian rosewood) in Appendix I. The species occurs naturally 
    only in fragmented populations in remnants of the Mata Atlantica 
    (Atlantic Coast Tropical Rainforest) of Brazil. A substantial amount of 
    new information and data on trade in the wood of this species were 
    received from persons in the music industry. The United States 
    continues to agree that the species in the wild needs strong 
    conservation measures, and did not enter a reservation on the listing 
    of the species in Appendix I. The United States has had experience in 
    the pre-CITES certification of articles (including musical instruments) 
    with elephant ivory, tortoise shell, or hard coral, and will continue 
    to endeavor to make the pre-CITES certification process efficient.
    
    Procedural Requirements
    
        This Federal Register notice simply implements changes in the list 
    of species in the Convention's appendices that have already been 
    approved by the Conference of the Parties at their eighth meeting, and 
    that the United States is bound to accept unless it entered 
    reservations. The Service does not believe that implementation of any 
    of these adopted amendments would be contrary to the interests or laws 
    of the United States. The period of time during which the United States 
    could have entered a reservation on any of these amendments ended on 
    June 10, 1992. The Service did not recommend the entry of any 
    reservations, and none were taken by the United States. Therefore, 
    these amendments to the CITES Appendices have been in effect for the 
    United States since June 11, 1992. This notice brings the information 
    in 50 CFR 23.23(f) into agreement with the current species listings in 
    the CITES appendices. Earlier Federal Register notices informed the 
    public about these amendments and provided opportunity for comment on 
    them, and they were included in a public meeting on May 26, 1992 (see 
    the May 11, 1992, Federal Register, 57 FR 20126). Therefore, the 
    Department of the Interior has determined 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 has been 
    amended at the conclusion of this rule.
        The Department has determined that amendments to the Convention's 
    appendices, which result from actions of the Parties to the Convention, 
    did not require the preparation of Environmental Assessments as defined 
    under authority of the National Environmental Policy Act (42 U.S.C. 
    4321-4347). This rule was not subject to Office of Management and 
    Budget review under Executive Order 12866. The Regulatory Flexibility 
    Act (5 U.S.C. 601) does not apply to this listing process. This final 
    rule does not contain information-collection requirements that require 
    approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
    seq.
        An editorial clarification for 50 CFR 23.23(f) under Class Aves 
    (Birds) in the Order Psittaciformes (Parrots, etc.) emphasizes that 
    Psittacula krameri (rose-ringed or ring-necked parakeet) remains in 
    Appendix III and was not included in Appendix II in 1981 at the third 
    meeting of the Conference of the Parties.
        This document was prepared by Drs. Charles W. Dane, Richard M. 
    Mitchell, 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. and 87 Stat. 884, as amended).
    
    List of Subjects in 50 CFR Part 23
    
        Endangered and threatened species, Exports, Fish, Imports, Marine 
    mammals, Plants (agriculture), Transportation, and Treaties.
    
    Regulation Promulgation
    
    PART 23--ENDANGERED SPECIES CONVENTION
    
        Accordingly, for the reasons set out in the preamble of this 
    document, Part 23 of Title 50, Code of Federal Regulations is amended 
    as follows:
        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. 108; and Endangered 
    Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
    
    
    Sec. 23.23  [Amended]
    
        2. Amend paragraph (f) of Sec. 23.23 by adding to the list the 
    following species or other groups of animals and plants, in 
    alphabetical order under the appropriate taxonomic categories:
    
    
    Sec. 23.23  Species listed in Appendices I, II, and III.
    
    * * * * *
        (f) *  *  * 
    
    ------------------------------------------------------------------------
                                                                 Date listed
           Species              Common name         Appendix     (month/day/
                                                                    year)   
    ------------------------------------------------------------------------
    CLASS MAMMALIA:        MAMMALS:                                         
                                                                            
                                  * * * * * * *                             
    Order Carnivora:.....  Carnivores: Cats,                                
                            Bears, etc.:                                    
                                                                            
                                  * * * * * * *                             
    Dusicyon (=Cerdocyon)  Crab-eating fox......  II                 6/11/92
     thous.                                                                 
                                                                            
                                  * * * * * * *                             
    Felis geoffroyi......  Geoffroy's cat.......  I                   2/4/77
                                                                            
                                  * * * * * * *                             
    Ursidae spp. (all      Bears................  II                 6/11/92
     species in family                                                      
     except those in App.                                                   
     I or with earlier                                                      
     date in App. II;                                                       
     includes U. arctos                                                     
     populations in                                                         
     former USSR                                                            
     countries.                                                             
                                                                            
                                  * * * * * * *                             
    U. arctos              Asian brown bear.....  I                  6/11/92
     (populations of                                                        
     Bhutan, China, and                                                     
     Mongolia, except for                                                   
     subspecies with                                                        
     earlier date).                                                         
    CLASS AVES:            BIRDS:                                           
                                                                            
                                  * * * * * * *                             
    Order Anseriformes:..  Ducks, Geese, Swans,                             
                            Screamers:                                      
                                                                            
                                  * * * * * * *                             
    Anas formosa.........  Baikal teal..........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    Order Psitaciformes..  Parrots, Parakeets,                              
                            Macaws', Lories',                               
                            etc.                                            
                                                                            
                                  * * * * * * *                             
    Cacatua goffini......  Goffin's cockatoo....  I                   6/8/81
    Cacatua                Red-vented cockatoo..  I                   6/8/81
     haematuropygia.                                                        
                                                                            
                                  * * * * * * *                             
    Order Coraciiformes:   Hornbills,                                       
                            Kingfishers,                                    
                            Rollers, Bee-eaters,                            
                            Motmots:                                        
    Aceros spp. (except    Hornbills............  II                 6/11/92
     those in App. I or                                                     
     with earlier date in                                                   
     App. II).                                                              
                                                                            
                                  * * * * * * *                             
    Aceros nipalensis....  Rufous-necked          I                  6/11/92
                            hornbill.                                       
    Aceros subruficollis.  Plain-pouched          I                  6/11/92
                            hornbill.                                       
    Anorrhinus (includes   Hornbills............  II                 6/11/92
     Ptilolaemus) spp.                                                      
    Anthracoceros spp....  Hornbills and Pied-    II                 6/11/92
                            hornbills.                                      
    Buceros spp. (except   Hornbills............  II                 6/11/92
     those in App. I or                                                     
     with earlier dates                                                     
     in App. II).                                                           
                                                                            
                                  * * * * * * *                             
    Penelopides spp......  Hornbills............  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    Order Piciformes:      Woodpeckers, Toucans,                            
                            Jacamars, Barbets:                              
                                                                            
                                  * * * * * * *                             
    Pteroglossus aracari.  Black-necked aracari.  II                 6/11/92
                                  * * * * * * *                             
    Pteroglossus viridis.  Green aracari........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    Ramphastos toco......  Toco toucan..........  II                 6/11/92
    Ramphastos tucanus...  Red-billed toucan....  II                 6/11/92
    Ramphastos vitellinus  Channel-billed toucan  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    CLASS REPTILIA:        REPTILES:                                        
                                                                            
                                  * * * * * * *                             
    Order Testudinata:...  Turtles, Tortoises:                              
                                                                            
                                  * * * * * * *                             
    Clemmys insculpta....  Wood turtle..........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    Order Squamata:        Lizards, Snakes:                                 
                                                                            
                                  * * * * * * *                             
    Corucia zebrata......  Prehensile-tailed      II                 6/11/92
                            skink.                                          
                                                                            
                                  * * * * * * *                             
    Phrynosoma coronatum   Coastal horned lizard  II                 6/11/92
     (except subspecies                                                     
     listed below).                                                         
                                                                            
                                  * * * * * * *                             
    Vipera wagneri.......  Wagner's viper.......  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    CLASS OSTEICHTHYES:    BONY FISHES:                                     
    Order                  Sturgeons:                                       
     Acipenseriformes:.                                                     
                                                                            
                                  * * * * * * *                             
    Polyodon spathula....  Paddlefish...........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    PHYLUM MOLLUSCA:       MOLLUSCS:                                        
                                                                            
                                  * * * * * * *                             
    CLASS Gastropoda:      Snails:                                          
                                                                            
                                  * * * * * * *                             
    Strombus gigas.......  Queen conch..........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    PLANT KINGDOM:         PLANTS:                                          
                                  * * * * * * *                             
    Family Bromeliaceae:   Pineapple family:                                
    Tillandsia harrisii..  Harris tillandsia....  II                 6/11/92
    Tillandsia kammii....  Kamm tillandsia......  II                 6/11/92
    Tillandsia kautskyi..  Kautsky tillandsia...  II                 6/11/92
    Tillandsia mauryana..  Maury tillandsia.....  II                 6/11/92
    Tillandsia             Sprengel tillandsia..  II                 6/11/92
     sprengeliana.                                                          
    Tillandsia sucrei....  Sucre tillandsia.....  II                 6/11/92
    Tillandsia             Xeographic tillandsia  II                 6/11/92
     xerographica.                                                          
                                                                            
                                  * * * * * * *                             
    Family Cactaceae:      Cactus family:                                   
                                                                            
                                  * * * * * * *                             
    Ariocarpus spp.        Living-rock cacti....  I                   7/1/75
     (includes Neogomesia                                                   
     sp. and Roseocactus                                                    
     spp.).                                                                 
                                                                            
                                  * * * * * * *                             
    Discocactus spp......  Discocacti...........  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    Melocactus conoideus.  Conelike Turk's-cap    I                   7/1/75
                            cactus.                                         
    Melocactus             Wonderfully bristled   I                   7/1/75
     deinacanthus.          Turk's-cap cactus.                              
    Melocactus             Wooly waxy-stemmed     I                   7/1/75
     glaucescens.           Turk's-cap cactus.                              
    Melocactus             Few-spined Turk's-cap  I                   7/1/75
     paucispinus.           cactus.                                         
                                                                            
                                  * * * * * * *                             
    Turbinicarpus spp      Turbinicarps.........  I                   7/1/75
     [includes                                                              
     Gymnocactus supp.,                                                     
     most Neolloydia spp.                                                   
     (in sense of E.F.                                                      
     Anderson 1986),                                                        
     Normanbokea spp.,                                                      
     and Rapicatus spp.].                                                   
                                                                            
                                  * * * * * * *                             
    Uebelmannia spp......  Uebelmann cacti......  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    Family Droseraceae:    Sundew family:                                   
                                                                            
                                  * * * * * * *                             
    Dionaea muscipula....  Venus flytrap........  II                 6/11/92
                                                                            
                                  * * * * * * *                             
    Family Leguminosae     Pea family:                                      
     (=Fabaceae):                                                           
                                                                            
                                  * * * * * * *                             
    Dalbergia nigra......  Brazilian rosewood...  I                  6/11/92
    Pericopsis elata       Afrormosia...........  II                 6/11/92
     (including saw-logs,                                                   
     sawn wood, and                                                         
     veneers, but no                                                        
     other parts or                                                         
     derivatives -i.e.,                                                     
     products).                                                             
                                                                            
                                  * * * * * * *                             
    Family Meliaceae:      Mahogany family:                                 
                                                                            
                                  * * * * * * *                             
    Swietenia mahagoni     Carribean mahogany...  II                 6/11/92
     (including saw-logs,                                                   
     sawn wood, and                                                         
     veneers, but no                                                        
     other parts or                                                         
     derivatives--i.e.,                                                     
     products).                                                             
                                                                            
                                  * * * * * * *                             
    Family                 Creosote-bush family:                            
     Zygophyllaceae:                                                        
    Guaiacum officinale..  Commoner lignum vitae  II                 6/11/92
                                                                            
                                 * * * * * * *                              
    ------------------------------------------------------------------------
    
        3. Amend paragraph (f) of Sec. 23.23 by revising the present 
    entries for particular species or other groups of animals and plants in 
    the list to read as follows:
    
    
    Sec. 23.23  Species listed in Appendices I, II, and III.
    
    * * * * *
        (f) * * *
    
    ------------------------------------------------------------------------
                                                                 Date listed
           Species              Common name          Appendix    (month/day/
                                                                    year)   
    ------------------------------------------------------------------------
    CLASS MAMMALIA:        MAMMALS:                                         
                                                                            
                                  * * * * * * *                             
    Order Carnivora:       Carnivores: Cats,                                
                            Bears, etc.:                                    
                                  * * * * * * *                             
    Felidae spp. (all      Cats (not including    II                  2/4/77
     those in family        House cat).                                     
     except Felis catus                                                     
     or those in App. I                                                     
     or with earlier date                                                   
     in App. II).                                                           
                                                                            
                                  * * * * * * *                             
    Felis (=Lynx) rufa     Mexican bobcat.......  II                  7/1/75
     escuinapae.                                                            
                                                                            
                                  * * * * * * *                             
    Ursus americanus.....  American black bear..  II                 9/18/91
                                                                            
                                  * * * * * * *                             
    U. arctos (Asian       Brown bear...........  II                 1/18/90
     populations,                                                           
     including                                                              
     populations of Iran,                                                   
     Iraq, Syria, and                                                       
     Turkey, except                                                         
     populations and                                                        
     subspecies in App.                                                     
     I, and populations                                                     
     in former USSR                                                         
     countries which were                                                   
     listed 6/11/92).                                                       
    U. arctos (European    European brown bear..  .............      7/29/83
     populations except                                                     
     populations in                                                         
     former USSR                                                            
     countries which were                                                   
     listed 6/11/92).                                                       
    U. arctos (Italian     Brown bear...........  II                  7/1/78
     population).                                                           
                                                                            
                                  * * * * * * *                             
    Order Artiodactyla:    Even-toed ungulates:                             
                                  * * * * * * *                             
    Capra falconeri......  Markhor..............  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    CLASS AVES:            BIRDS:                                           
                                                                            
                                  * * * * * * *                             
    Order Rheiformes:      Rheas:                                           
                                                                            
                                  * * * * * * *                             
    Rhea americana         Greater rhea, Common   II                 7/14/76
     (except subspecies     rhea.                                           
     listed below).                                                         
                                                                            
                                  * * * * * * *                             
    Order Psittaciformes:  Parrots, Parakeets,                              
                            Macaws, Lories,                                 
                            etc.:                                           
    All species in order   All parrots and their  II                  6/6/81
     except those in App.   relatives, unless in                            
     I or with earlier      App. I or already in                            
     date in App. II, or    App. II, and also                               
     Psittacula krameri     not the Rose-ringed                             
     in App. III, and       parakeet in App.                                
     excluding              III, Budgerigar or                              
     Melopsittacus          Cockatiel.                                      
     undulatus and                                                          
     Nymphicus                                                              
     hollandicus.                                                           
                                                                            
                                  * * * * * * *                             
    Psittacula echo (=P.   Mauritius parakeet...  I                   7/1/75
     krameri echo).                                                         
    Psittacula krameri...  Rose-ringed parakeet,  III (Ghana)        2/26/76
                            Ring-necked parakeet.                           
                                                                            
                                  * * * * * * *                             
    Order Coraciiformes:   Hornbills,                                       
                            Kingfishers,                                    
                            Rollers, Bee-eaters,                            
                            Motmots:                                        
                                                                            
                                  * * * * * * *                             
    Buceros bicornis.....  Great hornbill.......  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    Buceros (=Rhinoplax)   Helmeted hornbill....  I                   7/1/75
     vigil.                                                                 
    Order Piciformes:      Woodpeckers, Toucans,                            
                            Jacamars, Barbets:                              
                                                                            
                                  * * * * * * *                             
    Ramphastos sulfuratus  Keel-billed toucan...  II                 4/23/81
                                                                            
                                  * * * * * * *                             
    CLASS REPTILA:         REPTILES:                                        
    Order Crocodylia:      Crocodiles,                                      
                            Alligators, Caimans,                            
                            Gavials:                                        
                                                                            
                                  * * * * * * *                             
    Crocodylus niloticus   Nile crocodile.......  II                  7/1/75
     (populations of                                                        
     Madagascar, Somalia,                                                   
     South Africa, and                                                      
     Uganda subject to                                                      
     export quotas                                                          
     described by the                                                       
     CITES Secretariat).                                                    
    Crocodylus niloticus   Nile crocodile.......  II                  7/1/75
     (populations of                                                        
     Botswana, Ethiopia,                                                    
     Kenya, Malawi,                                                         
     Mozambique,                                                            
     Tanzania, Zambia,                                                      
     and Zimbabwe subject                                                   
     to ranching).                                                          
                                                                            
                                  * * * * * * *                             
    Osteolaemus tetraspis  Dwarf crocodile......  I                   2/4/77
     (except subspecies                                                     
     listed below).                                                         
                                                                            
                                  * * * * * * *                             
    Order Testudinata:     Turtles, Tortoises:                              
                                                                            
                                  * * * * * * *                             
    Clemmys muhlenbergii.  Bog turtle...........  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    PLANT KINGDOM:         PLANTS:                                          
                                                                            
                                  * * * * * * *                             
    Family Araceae:        Arum family:                                     
    Alocasia sanderiana..  Sander's alocasia....  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    Family Juglandaceae:   Walnut family:                                   
    Oreomunnea             Gavila.1n............  II                  7/1/75
     (=Engelhardia)                                                         
     pterocarpa.                                                            
                                                                            
                                  * * * * * * *                             
    Family Zingiberaceae:  Ginger family:                                   
    Hedychium              Philippine garland     II                  7/1/75
     philippinense.         flower.                                         
                                                                            
                                  * * * * * * *                             
    ------------------------------------------------------------------------
    
        4. Amend paragraph (f) of Sec. 23.23 by removing the present 
    entries that are listed below for particular species, subspecies, and 
    populations of animals and plants, and remove ``Order Tubulidentata,'' 
    ``Order Atheriniformes,'' ``Family Fagaceae,'' ``Family Humiriaceae,'' 
    and ``Family Moraceae.''
    
    ------------------------------------------------------------------------
                                                                 Date listed
           Species              Common name          Appendix    (month/day/
                                                                    year)   
    ------------------------------------------------------------------------
    CLASS MAMMALIA:        MAMMALS:                                         
                                                                            
                                  * * * * * * *                             
    Order Edentata:        Anteaters, Sloths,                               
                            Armadillos:                                     
                                                                            
                                  * * * * * * *                             
    Tamandua tetradactyla  Tamandua, Collared     II                  7/1/75
     chapadensis.           anteater.                                       
                                                                            
                                  * * * * * * *                             
    Order Pinnipedia:      Seals, Sea lions:                                
    Mirounga               Northern elephant      II                  7/1/75
     angustirostris.        seal.                                           
                                                                            
                                  * * * * * * *                             
    Order Tubulidentata:   Aardvarks:                                       
    Orycteropus afer.....  Aardvark.............  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    Order Artiodactyla:    Even-toed ungulates:                             
                                                                            
                                  * * * * * * *                             
    Antilocapra americana  Mexican pronghorn....  II                  7/1/75
     mexicana.                                                              
    Antilocapra americana  Baja pronghorn.......  I                   7/1/75
     peninsularis.                                                          
    Antilocapra americana  Sonoran pronghorn....  I                   7/1/75
     sonoriensis.                                                           
                                                                            
                                  * * * * * * *                             
    Capra falconeri        Chialtan markhor.....  I                   7/1/75
     chialtanensis.                                                         
    Capra falconeri        Straight-horned        I                   7/1/75
     jerdoni.               markhor.                                        
    Capra falconeri        Kabul markhor,         I                   7/1/75
     megaceros.             Straight-horned                                 
                            markhor.                                        
                                                                            
                                  * * * * * * *                             
    Hippotragus equinus..  Roan antelope........  II                 2/26/76
                                                                            
                                  * * * * * * *                             
    CLASS AVES:            BIRDS:                                           
                                                                            
                                  * * * * * * *                             
    Order Anseriformes:    Ducks, Geese, Swans,                             
                            Screamers:                                      
                                                                            
                                  * * * * * * *                             
    Cygnus columbianus     Jankowski's swan.....  II                  7/1/75
     (=bewickii)                                                            
     jankowskii.                                                            
                                                                            
                                  * * * * * * *                             
    Order Galliformes:     Pheasants, Curassows,                            
                            Megapodes, Hoatzins:                            
                                                                            
                                  * * * * * * *                             
    Cyrtonyx montezumae    Mearn's harlequin      II                  7/1/75
     mearnsi (Mexican       quail.                                          
     population).                                                           
    Cyrtonyx montezumae    Harlequin quail......  II                  7/1/75
     montezumae.                                                            
                                                                            
                                  * * * * * * *                             
    Order Coraciiformes:   Hornbill,                                        
                            Kingfishers,                                    
                            Rollers, Bee-eaters,                            
                            Motmots:                                        
                                                                            
                                  * * * * * * *                             
    Buceros bicornis       Great Indian           I                   7/1/75
     homrai.                hornbill, Great pied                            
                            hornbill.                                       
                                                                            
                                  * * * * * * *                             
    CLASS REPTILIA:        REPTILES:                                        
    Order Crocodylia:      Crocodiles,                                      
                            Alligators, Caimans,                            
                            Gavials:                                        
                                                                            
                                  * * * * * * *                             
    Crocodylus             African slender-       I                   7/1/75
     cataphractus (except   snouted crocodile.                              
     Congo population).                                                     
    Crocodylus             African slender-       II                  7/1/75
     cataphractus (Congo    snouted crocodile.                              
     population).                                                           
                                                                            
                                  * * * * * * *                             
    Osteolaemus tetraspis  Dwarf crocodile......  II                  2/4/77
     (Congo population).                                                    
                                                                            
                                  * * * * * * *                             
    CLASS OSTEICHTHYES:    BONY FISHES:                                     
                                                                            
                                  * * * * * * *                             
    Order Atheriniformes:  Livebearers:                                     
    Cynolebias             Annual tropical        II                  7/1/75
     constanciae.           killfish.                                       
    Cynolebias marmoratus  Annual tropical        II pe               7/1/75
                            killfish.                                       
    Cynolebias minimus...  Annual tropical        II                  7/1/75
                            killfish.                                       
    Cynolebias opalescens  Annual tropical        II pe               7/1/75
                            killfish.                                       
    Cynolebias splendens.  Annual tropical......  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    PLANT KINGDOM:         PLANTS:                                          
                                                                            
                                  * * * * * * *                             
    Family Cactaceae:      Cactus family:                                   
                                                                            
                                  * * * * * * *                             
    Ariocarpus agavoides.  Agave living-rock      I                   7/1/75
                            cactus.                                         
    Ariocarpus             Living-rock cactus...  I                   7/1/75
     scaphorostrus.                                                         
    Ariocarpus trigonus..  Chaute...............  I                   7/1/75
                                                                            
                                  * * * * * * *                             
    Backebergia militaris  Teddy-bear cactus,     I                   7/1/75
                            Military cap.                                   
                                                                            
                                  * * * * * * *                             
    Echinomastus           .....................  I                   7/1/75
     (=Neolloydia)                                                          
     erectocentrus.                                                         
    E. (=Neolloydia)       Mariposa cactus......  I                   7/1/75
     mariposensis.                                                          
                                                                            
                                  * * * * * * *                             
    Nopalxochia            MacDougall's cactus..  I                   7/1/75
     (=Lobeira)                                                             
     macdougallii.                                                          
                                                                            
                                  * * * * * * *                             
    Pediocactus            Gamma-grass cactus...  I                   7/1/75
     papyracanthus.                                                         
                                                                            
                                  * * * * * * *                             
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia) laui.                                                    
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia)                                                          
     lophophoroides.                                                        
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia)                                                          
     pseudomacrochele.                                                      
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia)                                                          
     pseudopectinatus.                                                      
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia)                                                          
     schmiedickeanus.                                                       
    Turbinicarpus          Turbinicarpus........  I                   7/1/75
     (=Neolloydia)                                                          
     valdezianus.                                                           
                                                                            
                                  * * * * * * *                             
    Family Fagaceae:       Beech family:                                    
    Quercus copeyensis...  Roble, Copy oak......  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    Family Humiriaceae:    Humiria family:                                  
    Vantanea barbourii...  Ira chiricana........  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    Family Leguminosae     Pea family:                                      
     (=Fabaceae):                                                           
    Cynometra              Guapinol negro.......  II                  7/1/75
     hemitomophylla.                                                        
                                                                            
                                  * * * * * * *                             
    Tachigali versicolor.  Can.6a fi.1stula.....  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    Family Moraceae:       Mulberry family:                                 
    Batocarpus             Ojoche macho,          II                  7/1/75
     costaricensis.         Ni.1spero colorado.                             
                                                                            
                                  * * * * * * *                             
    Family Palmae          Palm family:                                     
     (=Arecaceae):                                                          
    Areca ipot...........  .....................  II                  7/1/75
                                                                            
                                  * * * * * * *                             
    ------------------------------------------------------------------------
    
        5. Amend paragraph (f) of Sec. 23.23 by adding to the list the 
    following species or other groups of animals and plants, in 
    alphabetical order under the appropriate taxonomic categories:
    
    
    Sec. 23.23  Species listed in Appendices I, II, and III.
    
    * * * * *
        (f) * * *
    
    ------------------------------------------------------------------------
                                                                 Date listed
           Species              Common name         Appendix     (month/day/
                                                                    year)   
    ------------------------------------------------------------------------
    MAMMALIA               MAMMALS                                          
                                                                            
                                  * * * * * * *                             
    Order Artiodactyla     Even-toed ungulates:                             
                                                                            
                                  * * * * * * *                             
    Antilocapra ameriana   Mexican pronghorn....  I                   7/1/75
     (Mexican population).                                                  
                                                                            
                                  * * * * * * *                             
    Order Crocodylia:      Crocodiles,                                      
                            Alligators Caimans,                             
                            Gavials:                                        
                                                                            
                                  * * * * * * *                             
    Crocodylus             African slender-       I                   7/1/75
     cataphractus.          snouted crocodile.                              
                                                                            
                                  * * * * * * *                             
    Family Cactacea:       Cactus family:                                   
                                                                            
                                  * * * * * * *                             
    Disocactus (=Lobeira,  MacDougall's cactus..  I                   7/1/75
     =Nopalxochia)                                                          
     macdougallii.                                                          
                                                                            
                                  * * * * * * *                             
    Pachycereus            Teddy-bear cactus,     I                   7/1/75
     (=Backebergia)         Military cap.                                   
     militaris.                                                             
                                                                            
                                  * * * * * * *                             
    Pediocactus            Grama-grass cactus...  I                   7/1/75
     (=Sclerocactus,                                                        
     =Toumeya)                                                              
     papyracanthus.                                                         
                                                                            
                                  * * * * * * *                             
    Sclerocactus           Needle-spined          I                   7/1/75
     (=Echinomastus,        pineapple cactus.                               
     Neolloydia)                                                            
     erectocentrus.                                                         
                                                                            
                                  * * * * * * *                             
    Sclerocactus           Mariposa cactus......  I                   7/1/75
     (=Echinomastus,                                                        
     =Neolloydia)                                                           
     mariposensis.                                                          
    ------------------------------------------------------------------------
    
        Dated: May 9, 1994.
    George T. Frampton, Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 94-20050 Filed 8-15-94; 8:45 am]
    BILLING CODE 4310-55-M
    
    
    

Document Information

Effective Date:
6/11/1992
Published:
08/16/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-20050
Dates:
The amendments set forth in this rule entered into effect and became enforceable on June 11, 1992, under the terms of the Convention. Therefore, this rule is effective August 16, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 16, 1994
RINs:
1018-AC31
CFR: (1)
50 CFR 23.23