[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21994]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 23
Foreign Proposals To Amend Appendices to the Convention on
International Trade in Endangered Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of amendments to CITES appendices proposed by foreign
countries and public meeting.
-----------------------------------------------------------------------
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 proposals submitted by Parties other than the
United States and the Service's tentative negotiating positions, 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 ninth regular Meeting of the Conference of the
Parties (COP9) to be held in Fort Lauderdale, Florida, from November 7-
18, 1994.
DATES: The U.S. Fish and Wildlife Service (Service) will consider all
comments received by September 30, 1994, in developing negotiating
positions. The Service plans to publish a notice of its negotiating
positions prior to the meeting of the Parties.
A public meeting will also be held to receive comments from the
public on September 14, 1994.
ADDRESSES: Please send correspondence concerning this notice to Chief,
Office of Scientific Authority; Mail Stop: ARLSQ, room 725; U.S. Fish
and Wildlife Service; Washington, DC 20240. The fax number is 703-358-
2276. Express and messenger-delivered mail should be addressed to the
Office of Scientific Authority; 4401 North Fairfax Drive, room 750;
Arlington, Virginia 22203. Comments and other information received are
available for public inspection by appointment, from 8 a.m. to 4 p.m.,
Monday through Friday, at the Arlington, Virginia address.
The public meeting will be held in the Buffet Room adjacent to the
cafeteria of the Department of the Interior, 18th and C Streets, N.W.,
Washington, D.C.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Chief, 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 control and 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, 122 countries, including the United States, are
CITES Parties. CITES calls for biennial meetings of the Conference of
the Parties which review its implementation, make provisions enabling
the CITES Secretariat in Switzerland to carry out its functions,
consider amendments to the list of species in Appendices I and II,
consider reports presented by the Secretariat, and make recommendations
for the improved effectiveness of the Convention. The ninth regular
meeting of the Conference of the Parties to CITES (COP9) will be held
in Fort Lauderdale, Florida, November 7-18, 1994.
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 COP9. A Federal Register notice published on
July 15, 1993 (58 FR 38112) requested information and comments from the
public on animal or plant species the United States might consider as
possible amendments to the appendices. A Federal Register notice
published on November 18, 1993 (58 FR 60873) requested public comments
on possible revisions to the criteria for listing species in the CITES
Appendices. A Federal Register notice published on January 27, 1994 (59
FR 3832) requested additional comments from the public on animal or
plant species that the United States was considering submitting as
amendments to the appendices. A Federal Register notice published on
January 28, 1994 (59 FR 4094): (1) published the time and place for
COP9; (2) announced a public meeting for February 22, 1994, to discuss
the 31st meeting of the CITES Standing Committee; (3) detailed the
provisional agenda of the COP; and (4) requested information and
comments from the public on possible COP9 agenda items and resolutions
that the United States might submit. Five proposed species amendments,
three resolutions and two agenda items were submitted by the Service
and received by the CITES Secretariat on June 10, 1994, the deadline
for consideration at COP9. Additional information on these topics will
be published in a separate Federal Register notice.
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 its tentative negotiating
positions 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 criteria for adding or removing
species from the appendices would be especially helpful. The Service
will solicit comments on U.S. positions for the remaining items on the
agenda for COP9, other than proposed amendments to the appendices, in a
subsequent Federal Register notice.
The Service has based its present tentative negotiating positions
mainly on the review of information presented in the proposals
submitted by proponents and in terms of criteria adopted at previous
meetings of the Conference of the Parties of CITES. Some of the
proposals will have to be translated into English from Spanish (English
translation available) or French (also official languages under terms
of the Convention). 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.
Proposals
In accordance with the provisions of Article XV, paragraph 1(a) of
the Convention the following CITES Parties have submitted proposals for
changes to Appendices I and II of the Convention: Australia,
Bangladesh, Belgium, Benin, Chile, Denmark, Ecuador, Egypt, France,
Germany, Ghana, India, Italy, Kenya, Madagascar, Mexico, Netherlands,
New Zealand, Norway, Peru, Philippines, South Africa, Sudan,
Switzerland, Thailand, Tanzania, United Kingdom of Great Britain and
Northern Ireland, Uruguay, and Vietnam. Proposals submitted by the
United States will be discussed in a subsequent Federal Register
notice.
A total of 92 proposals on both plant and animal species were
submitted by countries other than the United States, including 10
proposals that were submitted based on the ``Ten Year Review'' concept
first adopted at the 1981 Conference of the Parties in New Delhi,
India. The Ten Year Review process seeks to correct or clarify the
inclusion of species listed at the Plenipotentiary and COPI 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) the possibility that their listing in the
appendices has appropriately inhibited trade, (3) 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 (4) 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 ``Ten Year 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.
In addition to the regular listing, delisting, and transfer
proposals, Switzerland, in carrying out its responsibility as the CITES
Depository Government, submitted proposals to transfer some populations
from Appendix II to Appendix I (as required by earlier COPs). These
proposals provide the basis for Parties to act on their previously
stated intentions to return species to Appendix I if range countries do
not submit, or Parties do not adopt, appropriate amendments to retain
designated populations of certain species on Appendix II under
provisions of Conf. 3.15 on ranching, Conf. 7.14 on export quotas, or
Conf. 8.22 on ranching for crocodilians. Such is the case for some
populations of crocodiles presently on Appendix II under special
provisions. However, for those populations for which ranching proposals
or export proposals have been submitted, and if adopted by the Parties,
Switzerland intends to withdraw its proposed amendment to transfer
these populations to Appendix I.
Proposals submitted by Parties other than the United States are
listed in the following table. Tentative negotiating positions and the
basis for making them also are indicated. These positions were taken
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 Service's position is usually to oppose the proposal,
pending the receipt of further information and a review of the relevant
scientific literature. 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 the Service's tentative position are as
follows:
----------------------------------------------------------------------------------------------------------------
Species Proposed amendment Proponent Tentative U.S. position
----------------------------------------------------------------------------------------------------------------
Mammalia
Order Chiroptera:
Acerodon jubatus Transfer from II to I. Philippines...................... Support (1)
(Golden-capped
fruit bat).
Acerodon lucifer Transfer from II to I. Philippines...................... Support (1)
(Panay giant fruit
bat).
Order Edentata:
Euphractus spp. Add to II............. Chile............................ Oppose (2)
(Armadillos).
Order Pholidota:
Manis spp. Add to II............. Switzerland...................... Support (3)
(Pangolins).
Manis temminckii Transfer from I to II. Switzerland...................... Support (4)
(Cape pangolin).
Order Rodentia:
Chinchilla spp. Remove from I Chile............................ Oppose (5)
(Chinchillas). (domesticated
specimens in South
America).
Order Cetacea:
Balaenoptera Transfer from I to II Norway........................... Oppose (6)
acutorostrata (Northeast Atlantic
(Minke whale). and the North
Atlantic central
stocks).
Order Carnivora:
Felis bengalensis Transfer from I to II. Switzerland...................... Support (1)
bengalensis
(Leopard cat).
Hyaena brunnea Transfer from I to II. Switzerland...................... Support (1)
(Brown hyaena).
Coepatus spp. (Hog- Add to II............. Chile............................ Oppose (7)
nosed skunks).
Ailurus fulgens Transfer from II to I. Netherlands...................... Support (1)
(Red panda).
Order Proboscidea:
Loxodonta africana Transfer from I to II South Africa..................... Under review (8a)
(African elephant). (South Africa's
population).
Loxodonta africana Transfer from I to II. Sudan............................ Oppose (9)
(African elephant).
Order Perissodactyla:
Ceratotherium simum Transfer from I to II South Africa..................... Oppose (8b)
simum (White (South Africa's
rhinoceros). population).
Order Artiodactyla:
Megamuntiacus Add to I.............. Vietnam.......................... Support (1)
vuquanghensis
(Giant muntjac).
Pseudoryx Add to I.............. Denmark.......................... Support (1)
nghetinhensis (Vu
Quang Ox).
Vicugna vicugna Transfer from I to II Peru............................. Oppose (10)
(Vicuna). (remaining Peruvian
Appendix I
populations).
Vicugna vicugna Amend annotation for Chile............................ Support (11)
(Vicuna). Appendix II
populations to allow
the trade in wool
sheared from live
vicun.6as.
Hippopotamus Add to II............. Belgium, Benin, and France....... Support (1)
amphibius
(Hippopotamus).
AVES
Order Apterygiformes:
Apteryx spp. Add to I.............. New Zealand...................... Support (1,3)
(Kiwis).
Order Tinamiformes:
Rhynchotus Remove from II........ Uruguay.......................... Oppose (12)
rufescens
maculicollis (Red-
winged tinamou).
Rhynchotus Remove from II........ Uruguay.......................... Oppose (12)
rufescens
pallescens
(Southern red-
winged tinamou).
Rhynchotus Remove from II........ Uruguay.......................... Oppose (12)
rufescens
rufescens (Western
red-winged
tinamou).
Order Anseriformes:
Anas aucklandica Transfer from II to I. New Zealand...................... Support (13)
(currently listed
as Anas
aucklandica
aucklandica).
Anas chlorotis Transfer from II to I. New Zealand...................... Support (13)
(currently listed
as Anas
aucklandica
chlorotis).
Anas nesiotis Retain in I........... New Zealand...................... Support (13)
(currently listed
as Anas
aucklandica
nesiotia).
Order Galliformes:
Xenoperdix Add to I.............. Denmark.......................... Oppose (2)
udzungwensis
(Udzangwa forest
partridge).
Order Gruiformes:
Balearica pavonina Transfer II to I...... Netherlands...................... Oppose (2)
(Black-crowned
crane).
Order Psittaciformes:
Cacatua goffini Transfer from I to II. Indonesia........................ Oppose (14)
(Goffin's
cockatoo).
Eos histrio (Red Transfer from II to I. Indonesia........................ Support (1)
and blue lory).
Cyanoramphus Transfer from II to I. New Zealand...................... Support (15)
malherbi (Orange-
fronted parakeet).
Cyanoramphus Transfer from I to II. New Zealand...................... Oppose (12)
novaezelandiae
(New Zealand or
Red-crowned
parakeet).
Psittacus erithacus Retain in I in lieu of United Kingdom................... Support (1)
(Sao Tome/Principe Psittacus erithacus
populations of princeps.
African gray
parrot).
Psittacus erithacus Transfer from I to II. United Kingdom................... Support (4)
princeps (African
gray parrot).
Order Cuculiformes:
Musophagidae spp. Add to II............. Netherlands...................... Support (3)
(Turacos).
Order Apodiformes:
Collocalia spp. Add to II............. Italy............................ Support (1)
(Edible-nest
swiftlets).
Order Passeriformes:
Agelaius flavus Add to I.............. Uruguay.......................... Support (1)
(Saffron-cowled
blackbird).
Reptilia
Order Crocodylia:
Melanosuchus niger Transfer from I to II Ecuador.......................... Support (16)
(Black caiman). (Ecuador's population
pursuant to Conf.
3.15 on ranching).
Crocodylus Change basis of Madagascar....................... Oppose (16)
niloticus (Nile maintenance of
crocodile). Malagasy population
on II from Conf. 7.14
to Conf. 3.15.
Crocodylus Change basis of South Africa..................... Support (18)
niloticus (Nile maintenance of South
crocodile). Africa's population
on II from Conf. 7.14
to Conf. 3.15.
Crocodylus Transfer from II to I Switzerland...................... Support (19)
niloticus (Nile (Madagascar and
crocodile). Somalia populations).
Crocodylus Maintain in II Tanzania......................... Support (18)
niloticus (Nile pursuant to Conf.
crocodile). 3.15, with export
quota.
Crocodylus porosus Change basis of Indonesia........................ Oppose (17)
(Saltwater maintenance of
crocodile). Indonesian population
on II from Conf. 7.14
to Conf. 3.15.
Crocodylus porosus Transfer from II to I Switzerland...................... Support (19)
(Saltwater (Indonesian
crocodile). population).
Crocodylus porosus Change basis of Australia........................ Support (1)
(Saltwater maintenance of
crocodile). Australian population
on II from Conf. 3.15
to Conf. 1.2.
Order Testudinata:
Lissemys punctata Add to II............. Switzerland...................... Support (1)
(Indian flap-shell
turtle).
Lissemys punctata Remove from I......... Switzerland...................... Support (4,20)
punctata (Indian
flap-shell turtle).
Terrapene spp. Add to II (retain T. Netherlands...................... Support (21)
(Box turtles). coahuila in I).
Testudo kleinmanni Transfer from II to I. Egypt............................ Support (22)
(Egyptian
tortoise).
Order Rhynchocephalia:
Sphenodon spp. Add to I.............. New Zealand...................... Oppose (23)
(Tuataras) or
Sphenodon guntheri
(Brother's Island
tuatara).
Order Sauria:
Phymaturus Add to II............. Chile............................ Oppose (2)
flagellifer
(Racerunner
lizard).
Pristidactylus Add to II............. Chile............................ Support (1)
alvarol.
Pristidactylus Add to II............. Chile............................ Support (1)
torquatus.
Pristidactylus Add to II............. Chile............................ Support (1)
valeriae.
Pristidactylus Add to II............. Chile............................ Support (1)
volcanensis.
Callopistes palluma Add to II............. Chile............................ Support (22)
Varanus bengalensis Transfer from I to II Bangladesh....................... Oppose (24)
(Indian monitor). (Bangladesh
population).
Varanus flavescens Transfer from I to II Bangladesh....................... Oppose (24)
(Yellow monitor). (Bangladesh
population).
Order Anura:
Bufo periglenes Add to I.............. Netherlands...................... Support (25)
(Monte Verde or
Golden toad).
Mantella aurantiaca Add to I.............. Netherlands and Germany.......... Support (22)
(Malagasy golden
frog).
Order
Osteoglossiformes:
Scleropages Transfer from II to I Indonesia........................ Oppose (26)
formosus (Asian (Indonesian
bonytongue). population).
Scleropages Transfer from II to I Switzerland...................... Support (19)
formosus (Asian (Indonesian
bonytongue). population).
Order Mollusca:
Charonia tritonis Add to II............. Australia........................ Support (1)
(Giant triton).
Placostylus spp. Add to II (New Zealand New Zealand...................... Support (1)
(New Zealand flax population).
snails).
Powelliphanta spp. Add to II (New Zealand New Zealand...................... Support (3)
(New Zealand land population).
snails).
Class Insecta:
Colophon spp. (Cape Add to I.............. Netherlands...................... Support (1)
stag beetles).
Order Arachnida:
Pandinus dictator Add to II............. Ghana............................ Support (3)
(Emperor scorpion).
Pandinus gambiensis Add to II............. Ghana............................ Support (3)
(scorpion).
Pandinus imperator Add to II............. Ghana............................ Support (22)
(scorpion).
Plants
Family Apocynaceae:
Pachypodium Transfer from II to I. Madagascar & Switzerland......... Support (1)
ambongense.
P. brevicaule...... Transfer from I to II. Madagascar & Switzerland......... Support (2)
P. namaquanum...... Transfer from I to II. Switzerland...................... Support (1)
Family Araceae:
Alocasia sanderiana Remove from II........ Switzerland...................... Support (1)
Family Balanophoraceae:
Dactylanthus Add to I.............. New Zealand...................... Under review (27)
taylorii.
Family Berberidaceae:
Berberis aristata Add to II............. India............................ Support (28,2)
de Candolle.
Family Cactaceae:
Astrophytum Transfer from I to II. Mexico & Switzerland............. Oppose (12)
asterias.
Leuchtenbergia Transfer from I to II. Mexico & Switzerland............. Support (1)
principis.
Mammilaria plumosa. Transfer from I to II. Mexico & Switzerland............. Support (2)
Family Ebenaceae:
Diospyros mun...... Add to II............. Germany.......................... Support (2)
Family Euphorbiaceae:
Euphorbia cremersii Transfer from II to I. Madagascar & Switzerland......... Support (1)
Euphorbia Transfer from I to II. Madagascar & Switzerland......... Oppose (29)
primulifolia.
Family Gentianaceae:
Gentiana kurroo.... Add to II............. India............................ Oppose (30,12,2)
Family Leguminosae
(Fabaceae):
Dalbergia Add to II............. Germany; Kenya................... Support (1,2,31)
melanoxylon.
Pterocarpus Add to II............. India............................ Support (2)
santalinus.
Family Liliaceae:
Aloe albiflora..... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe alfredii...... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe bakeri........ Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe barbadensis Remove from II........ Switzerland...................... Under review (33)
(syn. A. vera
[sic]).
Aloe bellatula..... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe calcairophila. Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe compressa Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
(inc. var.
rugosquamosa and
var. schistophila).
Aloe delphinensis.. Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe descoinqsii... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe fragilis...... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe haworthioides Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
(inc. var.
aurantiaca).
Aloe helenae....... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe laeta (inc. Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
var. maniensis).
Aloe parallelifolia Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe parvula....... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe rauhii........ Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe suzannae...... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Aloe versicolor.... Transfer from II to I. Madagascar & Switzerland......... Support (1,2)
Colchicum luteum... Add to II............. India............................ Oppose (30,12,2)
Family Meliaceae:
Entrandrophragma Add to II............. Germany.......................... Support (1,2,32)
spp.
Khaya spp.......... Add to II............. Germany.......................... Support (1,2,32)
Swietenia Add to II............. Netherlands...................... Under review (34)
macrophylla incl.
natural hybrid
with S. humilis,
and sic with S.
mahagoni.
Family Orchidaceae:
Cattleya skinneri.. Transfer from I to II. Switzerland & Mexico............. Support (1)
Cypripedium Transfer from II to I. India............................ Oppose (30,12)
cordigerum.
Cypripedium elegans Transfer from II to I. India............................ Oppose (30,12)
Cypripedium Transfer from II to I. India............................ Oppose (30,12)
himalaicum.
Cypripedium Transfer from II to I. India............................ Oppose (30)
tibeticum.
Dendrobium cruentum Transfer from II to I. Thailand......................... Support (2,32)
Didiciea Transfer from I to II. Switzerland...................... Support (1)
cunninghamii.
Lycaste skinneri Transfer from I to II. Switzerland & Mexico............. Support (1)
(var. alba).
Family Polygonaceae:
Rheum australe..... Add to II............. India............................ Oppose (30,12,2)
Family Ranunculaceae:
Aconitum Add to II............. India............................ Oppose (2)
deinorrhizum.
Aconitum ferox..... Add to II............. India............................ Oppose (2)
Aconitum Add to II............. India............................ Oppose (2)
heterophyllum.
Coptis teeta....... Add to II............. India............................ Support (2)
Family Rosaceae:
Prunus africana.... Add to II............. Kenya............................ Support (1,2)
Family
Scrophulariaceae:
Picrorhiza kurrooa. Add to II............. India............................ Oppose (30,12,2)
Family Taxaceae:
Taxus wallichiana.. Add to II............. India............................ Support (2)
Family Theaceae:
Camellia chrysantha Remove from II........ Switzerland...................... Support (1)
Family Thymelaeaceae:
Aguilaria Add to II............. India............................ Support (2)
malaccensis (syn.
A. agallocha).
Family Valerianaceae:
Nardostachys Add to II............. India............................ Oppose (30,12,2)
grandiflora.
Parts and Derivatives Proposal with respect to Germany.......................... Support
Appendix II plant taxa replace the standard
exclusions: ``tissue cultures and flasked
seedling cultures'' with ``seedlings or tissue
cultures obtained in vitro in sterile culture
media, either liquid or solid, transported in
containers commonly used for this type of
cultures, with different shapes and made of
different materials''.
----------------------------------------------------------------------------------------------------------------
\1\The listing, uplisting, downlisting, or delisting of the taxon, as proposed, appears to be justified by the
biological status and trade information in the proposal or currently available to the Service.
\2\Limited population status and trade information is given, but the United States will give strong
consideration to the positions of range State(s).
\3\The listing of this taxon, as proposed, appears to be justified by the trade information and/or the
similarity of appearance concern.
\4\Although this proposal was not formerly submitted pursuant to the ten-year review resolution for downlisting,
this proposal appears to be justified under such provisions.
\5\These species of chinchilla occurring in South America are presently listed in Appendix I and are classified
as rare, vulnerable or endangered by IUCN. Complete removal of protection for captive-bred forms of these
species potentially places wild populations at risk. However, a downlisting of the captive populations in
South America to Appendix II may be appropriate.
\6\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 the minke whale from Appendix I to II.
\7\Trade information considered insufficient, and trade of species occurring in the United States does not
appear to warrant listing the entire genus. Five species identified in Mammals Checklist of the World by
Wilson and Reeder (1993) including two, C. leuconotus and C. mesoleucus, that occur in southwestern part of
the United States.
\8\aThe Service believes that in order for the African countries to maintain sustainable populations of African
elephants, the people in those countries must realize both consumptive and nonconsumptive benefits from this
natural resource. The proposal as written, however, does not obligate South Africa to obtain approval from the
CITES Parties before trading in ivory after COP10, and the United States does not support reopening the ivory
trade. A Panel of Experts established under the provisions of resolution Conf. 7.9 is reviewing in-country
trade controls. The U.S. will develop its position after receipt of the Panel's report.
\8\bThis proposal would allow legal trade in rhino horn products, albeit with strict in-country controls, and
such trade is premature until illegal trade is under control.
\9\This proposal does not meet trade control provisions outlined in resolution Conf. 7.9.
\10\The Service is concerned that no information has been presented to show that the vicuna populations on
Appendix II have benefited from the harvest now proposed for all populations. The Service is also concerned
about a request in the proposal to market internationally both wool from live vicunas and wool from warehoused
stocks. No trade controls such as those proposed by Chile are proposed to ensure that illegal wool does not
enter trade.
\11\Export of fiber and reimport of processed fiber could be monitored to control inclusion of illegal fiber in
any significant amount. No downlisting of Appendix I populations is proposed, as with the Peruvian proposal.
\12\The population-status information is not sufficient to warrant the listing, uplisting, downlisting, or
delisting as proposed.
\13\These entities are listed as a single species Anas nesiotas in CITES-adopted checklist and the subspecies
Anas aucklandica nesiotas is already on Appendix I. Consider recommendation of the Nomenclature Committee as
to whether to list as a single or as three species.
\14\The Service is concerned with the methodology used in the study on which this proposal is based and
understands that this study is being reviewed by IUCN peer group.
\15\While the biological status and trade information supports this proposal, the ``species'' is considered to
be a color morph of C. auriceps in the CITES-adopted checklist. Therefore, consider the recommendation of the
Nomenclature Committee.
\16\While the Service has a tentative position to support this proposal, the final position will depend in part
upon the proponent providing specific procedures and regulations for licensing and inspection commitments and
specific details for long-term population monitoring program.
\17\The Service remains concerned about the management and enforcement, including but not limited to the
considerations presented in footnote 18a.
\18\aThe transfer of certain crocodilian populations from Appendix I to II was proposed pursuant to Conf. 3.15
(ranching) or Conf. 7.4 (export quota). The Service's initial support of these proposals is contingent upon
assurance that (1) annual reports are being regularly filed with the CITES Secretariat by the proponent, (2)
there is an adequate basis to monitor the status of wild populations, (3) animals will be returned to the wild
in numbers as appropriate, and (4) there is an implementable limit on the harvest of wild juveniles and
adults.
\18\bThe Service supports continuation of Appendix II listing under Conf. 3.15 but opposes expansion of wild
harvest quotas beyond currently authorized levels without additional justification.
\19\Switzerland, as depository government, proposed the transfer from Appendix II to I of those species that
were downlisted from Appendix I to II under the provisions of Conf. 7.14. If ranching or export quota
proposals are adopted by the Parties, Switzerland will withdraw its proposal for those populations.
\20\Support for this proposal is conditioned upon the inclusion of the entire species L. punctata in Appendix
II.
\21\The United States submitted a similar proposal for this genus, but was able to include more recent
information in its proposal, a copy of which is available from either the Office of Management Authority or
Office of Scientific Authority.
\22\Support for this proposal is based on trade levels and the historical effects of trade on other populations
or the reproductive characteristics of the species. However, the Service will consider any new population
information.
\23\The Service considers this species to be included in Appendix I already, based on the present listing. The
report of the Nomenclature Committee supports this position, and, if adopted, will render the New Zealand
proposal redundant. Should another species of tuatara be described, adding S. guntheri would add confusion to
any listing of all tuataras on Appendix I.
\24\Although this is proposed as a tentative transfer to Appendix II until the next COP, the Service's position
has been not to support the commercial sale of confiscated specimens of Appendix I species.
\25\The Service would support listing of this taxon in Appendix I on the basis of resolution Conf. 2.19 (i.e.,
due to the taxon's rarity, and because any trade in this taxon would be detrimental).
\26\Malaysia has had a captive breeding facility registered for this species in accordance with Article VII
paragraph 4 and pursuant to resolution Conf. 8.15. Indonesia is proposing to register similar facilities but
to date these have not been accepted by the CITES Secretariat. In the absence of the registration of one or
more facilities in Indonesia, this proposal by Indonesia would preclude commercial trade in this species.
Therefore, Indonesia may wish to consider modifying their proposal to continue the present downlisting to
Appendix II pursuant to Conf. 7.14 with an export quota.
\27\The trade concern is the export of the ``wood-rose,'' which may or may not be legally included under CITES
by listing Dactylanthus taylorii, because the ``wood-rose'' is tissue of various common host trees or shrubs
that has been wholly transformed by the action of D. taylorii.
\28\Berberis aristata of authors not de Candolle=B. chitria (and/or B. floribunda).
\29\The downlisting of this taxon appears to be unjustified, because of similarity-of-appearance concerns for
the remaining dwarf taxa of subgenus Lacanthis.
\30\Trade information considered insufficient.
\31\The United States would want this proposal amended to exclude musical instruments. This species is often
called African blackwood; although in the proposal one of the common names mentioned is African ebony, true
ebony including African ebony normally are regarded to be species of Diospyros.
\32\The listing of this taxon appears to be justified; similarity-of-appearance also is a concern.
\33\The proposal is in error in not treating Aloe barbadensis as a synonym of Aloe vera. The parts and
derivatives of artificially propagated Aloe vera already are not regulated by CITES. The Service is
considering whether artificially propagated whole plants of Aloe vera can be dealt with in a better way,
without putting wild Aloe taxa at increased risk.
\34\The United States expects to receive information regarding this species and its trade at a meeting of the
Linnean Society on September 8, 1994. Information from range States and import data are also being sought and
considered. Note that hybrids between Swietenia macrophylla and S. mahagoni are spontaneous but are not
natural hybrids in terms of Resolution Conf. 2.13; they sometimes occur where S. macrophylla has been
introduced by people into proximity with S. mahagoni. If the United States were to support this proposal, it
would want it amended to exclude parts and derivatives other than saw logs, sawn wood, veneer sheets, and
perhaps plywood sheets.
Future Actions
The Service will announce in the Federal Register the revised
provisional agenda and working program for COP9 and resolutions
submitted by the Parties. That Federal Register notice will present the
Service's tentative negotiating positions on these agenda items and
resolutions.
The Nomenclature Committee, in conjunction with the Wildlife trade
Monitoring Unit, has been working to review and resolve numerous
ambiguities in the Appendices that arose from the listing of taxa at
the plenipotentiary and first meetings of the Conference of the
Parties. Supporting documents were not a matter of record at these
initial meetings. In addition, accepted names for those originally
listed taxa have changed in some instances. The Nomenclature Committee
has submitted a list of such clarifications to the CITES Secretariat
for consideration by the Parties at COP9. A copy of this report is
available from the Office of Scientific Authority.
The next regular meeting of the Parties is scheduled to be held in
Fort Lauderdale, Florida from November 7-18, 1994. The Service will
develop final negotiating positions and announce these decisions prior
to the meeting of the Conference of Parties. These negotiating
positions will be based upon the best available biological and trade
information, taking into account comments received in response to this
notice. If further information is presented at the meeting in Fort
Lauderdale, the U.S. delegation to COP9 will also take it into account
in determining whether the Service's previous positions remain
appropriate.
Public Meeting
The Service announces a public meeting on September 14, 1994, from
9:30 a.m. to 1:00 p.m. in the Buffet Room adjacent to the cafeteria of
the Department of the Interior, 18th and C Streets, NW., Washington,
DC. This meeting is being held to provide information about COP9, and
to receive comments from the public on the proposed amendments to the
Appendices, the proposed resolutions, and other agenda items.
This notice was not subject to Office of Management and Budget
review under EO 12866. This notice was prepared by Drs. Charles W.
Dane, Bruce MacBryde, and Marshall Howe, Office of Scientific
Authority, under the authority of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq).
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Export, Imports, Transportation,
and Treaties.
Dated: August 30, 1994.
George R. Frampton, Jr.,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 94-21994 Filed 9-2-94; 8:45 am]
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