[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Notices]
[Pages 45260-45264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15828]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES); Amendments
to Appendices I and II Adopted by the Conference of the Parties to
CITES at Its Fourteenth Regular Meeting (CoP14)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; request for comments.
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SUMMARY: This notice announces the amendments to Appendices I and II
adopted by the Conference of the Parties (CoP) to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) at its fourteenth regular meeting (CoP14). The meeting was held
in The Hague, The Netherlands, June 3-15, 2007. In this notice we list
those amendments that were adopted by the Parties at the meeting. We
also invite public input on whether the United States should take a
[[Page 45261]]
reservation on the amendments (with the exception of species deleted
from the Appendices) that were adopted at the meeting. To date, the
United States has entered no reservations to any CITES listing. The
amendments to CITES Appendices I and II described in this notice enter
into effect on September 13, 2007.
DATES: In determining whether the United States should take a
reservation on any of the amendments (with the exception of species
deleted from the Appendices) to the CITES Appendices adopted at CoP14,
we will consider written information and comments submitted by
September 12, 2007.
ADDRESSES: Comments: Submit your comments concerning whether the United
States should take a reservation on the amendments to the CITES
Appendices (with the exception of species deleted from the Appendices)
adopted at CoP14 by any one of the following methods:
By mail or hand-delivery to Division of Scientific
Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,
Room 750, Arlington, VA 22203;
By e-mail to scientificauthority@fws.gov; or
By fax to 703-358-2276.
Comments and materials we receive will be available for public
inspection, from 8 a.m. to 4 p.m., Monday through Friday, at the street
address given above.
Available Information: You may obtain information concerning the
resolutions and decisions adopted at CoP14, including the full text of
the CITES resolutions discussed in this notice:
On the official Web site of the CITES Secretariat at
http://www.cites.org (click on Conference of the Parties);
By mailing a request to Division of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700,
Arlington, VA 22203;
By e-mailing a request to cop14@fws.gov; or
By faxing a request to 703-358-2095.
FOR FURTHER INFORMATION CONTACT: For information pertaining to the
discussions of proposed resolutions, decisions, and agenda items at
CoP14 contact: Robert R. Gabel, Chief, Division of Management Authority
(see ADDRESSES, above). For more information pertaining to the
discussions of proposed amendments to the Appendices considered at
CoP14, contact: Acting Chief, Division of Scientific Authority (see
ADDRESSES, above).
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES or the Convention) is an international treaty
designed to control and regulate international trade in certain animal
and plant species that are now or potentially may become threatened
with extinction due to trade. These species are listed in the
Appendices to CITES, which are available on the CITES Secretariat's Web
site (http://www.cites.org/eng/app/index.shtml). Currently, 172
countries, including the United States, are Parties to CITES. The
Convention calls for regular meetings of the Conference of the Parties
(CoP) to review issues pertaining to 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 to make
recommendations to improve the effectiveness of CITES. Any country that
is a Party to CITES may propose and vote on amendments to Appendices I
and II (species proposals), draft resolutions and decisions, and agenda
items submitted for consideration by the Conference of the Parties.
Accredited nongovernmental organizations (NGOs) may participate in the
meeting as approved observers and may speak during sessions when
recognized by the meeting Chairperson, but they may not vote or submit
proposals.
In this notice we announce the amendments to Appendices I and II
adopted by the Parties at CoP14, held in The Hague, The Netherlands,
June 3-15, 2007, and also invite public input on whether the United
States should take a reservation on any of the amendments to the
Appendices (with the exception of species deleted from the Appendices)
adopted by the Parties at CoP14.
This is our fifth notice in a series of Federal Register notices
relating to CoP14. We published our first CoP14-related Federal
Register notice on January 20, 2006 (71 FR 3319), to request
information and recommendations on species proposals, draft resolutions
and decisions, and agenda items for the United States to consider
submitting for consideration at CoP14. We published our second Federal
Register notice on November 7, 2006 (71 FR 65126), to request public
comments and information on species proposals, draft resolutions and
decisions, and agenda items that the United States was considering
submitting for consideration at CoP14. On December 11, 2006, we held a
public meeting that was announced in our second Federal Register
notice; at that meeting, we discussed the issues contained in our
November 7, 2006, Federal Register notice and on our website posting on
the same topic. In our third Federal Register notice, published on
February 21, 2007 (72 FR 7904), we announced the provisional agenda for
CoP14, solicited public comments on items listed in the provisional
agenda, and announced a second public meeting to discuss the agenda
items. Our second public meeting was held on April 9, 2007. In our
fourth CoP14-related Federal Register notice published June 1, 2007 (72
FR 30606), we announced the tentative U.S. negotiating positions on
species proposals, draft resolutions and decisions, and agenda items
submitted by other countries and the CITES Secretariat for
consideration at CoP14. We also announced that we would publish a
notice after the conclusion of CoP14 inviting public input on whether
the United States should take a reservation on any of the amendments to
the CITES Appendices adopted at CoP14.
You may obtain information on the above Federal Register notices
from the following sources. For information on draft resolutions and
decisions, and agenda items, contact the Division of Management
Authority (see ADDRESSES, above); for information on species proposals,
contact the Division of Scientific Authority (see ADDRESSES, above).
Our regulations governing this public process are found in 50 CFR
23.31-23.39.
Amendments to the Appendices
Listed below are the amendments to CITES Appendices I and II
adopted at CoP14. These amendments include the inclusion of species in
Appendix I or Appendix II; the transfer of species from one Appendix to
another; the deletion of species from Appendix I or II; and amendment
of the annotations of certain CITES-listed species.
[[Page 45262]]
Table 1.--Amendments to CITES Appendix I and Appendix II Adopted at the CoP14
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Proposal Description of proposal Submitted by Comments
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1........................... Transfer of Nycticebus Cambodia 3 ...........................
species (slow lorises) from
Appendix II to Appendix I.
3........................... Transfer the Ugandan Uganda................. At CoP14, Uganda revised
population of leopard the proposal to retain
(Panthera pardus) from their leopard population
Appendix I to Appendix II in Appendix I with an
with an annotation that annual export quota of 28
trade is to be allowed for leopards as sport-hunted
the exclusive purpose of trophies.
sport hunting for trophies
and skins for personal use,
to be exported as personal
effects; and with an annual
export quota of 50 leopards
for the whole country.
Inf. 61..................... Amendment of the listing Chad and Zambia, on The new proposal (CoP14
annotation for African behalf of Africa. Inf. 61) was developed and
elephant (Loxodonta adopted by consensus on
africana). The three the agreement that no
African elephant proposals further proposals to allow
(4, 5, and 6) were trade in elephant ivory
withdrawn at the CoP, and from these populations may
replaced by a new proposed be submitted to the CoP
amendment (CoP14 Inf. 61) until 9 years following
that would annotate the the sale of the approved
listings of the populations ivory stocks, in
of African elephant in accordance with the
Appendix II to include provisions set forth in
trade in hunting trophies Inf. 61.
for non-commercial The Parties also decided
purposes; trade in live that the African elephant
animals to appropriate and range States shall develop
acceptable destinations for an overall African
Zimbabwe and Botswana, and elephant action plan to
for in situ conservation improve elephant
programs for Namibia and management, and that the
South Africa; trade in CITES Secretariat shall
hides; trade in hair; trade establish an African
in leather goods for elephant fund, to be
commercial and non- administered by the CITES
commercial purposes for Standing Committee, that
Botswana, Namibia, and will be applied to
South Africa and for non- implement the action plan.
commercial purposes for Import of ekipas and ivory
Zimbabwe; trade in marked carvings into the United
and certified ekipas States is prohibited.
(tourist souvenirs) for non-
commercial purposes for
Namibia and ivory carvings
for non-commercial purposes
for Zimbabwe; and trade in
registered raw ivory for
Botswana, Namibia, South
Africa, and Zimbabwe from
existing stockpiles
registered by January 31,
2007, subject to certain
conditions.
8........................... Amendment of the annotation Bolivia................ The proposal amends the
of the vicu[ntilde]a annotation to include the
(Vicugna vicugna) entire Bolivian
population of Bolivia for vicu[ntilde]a population
the exclusive purpose of for wool and products; the
allowing international rest of the annotation
trade in wool sheared from remains unchanged.
live vicu[ntilde]as, and in
cloth and items made
thereof, including luxury
handicrafts and knitted
articles.
10.......................... Inclusion of Cuvier's Algeria................ Since 1976, the species had
gazelle (Gazella cuvieri) been included in Appendix
in Appendix I. III at the request of
Tunisia.
12.......................... Inclusion of slender-horned Algeria................ Since 1976, the species had
gazelle (Gazella been included in Appendix
leptoceros) in Appendix I. III at the request of
Tunisia.
13.......................... Transfer of the Brazilian Brazil................. This species is currently
population of black caiman listed as endangered under
(Melanosuchus niger) from the U.S. Endangered
Appendix I to Appendix II. Species Act; therefore,
the import of specimens
into the United States for
commercial purposes is
still prohibited.
14.......................... Transfer Guatemalan beaded Guatemala ...........................
lizard (Heloderma horridum
charlesbogerti) from
Appendix II to Appendix I.
17.......................... Inclusion of the Family Kenya, Nicaragua and The proposal was amended to
Pristidae (7 species of the United States of include the species
sawfish) in Appendix I. America. Pristis microdon in
Appendix II with the
following annotation: For
the exclusive purpose of
allowing international
trade in live animals to
appropriate and acceptable
aquaria for primarily
conservation purposes. All
other species were
included in Appendix I.
18.......................... Inclusion of European eel Germany, on behalf of ...........................
(Anguilla anguilla) in the European Community
Appendix II. Member States.
22.......................... Deletion of Arizona agave United States.......... Scientific research has
(Agave arizonica) from determined that Arizona
Appendix I. agave is a randomly
occurring first-generation
hybrid and not a species.
[[Page 45263]]
23.......................... Transfer of Dehesa bear United States.......... Dehesa bear grass is listed
grass (Nolina interrata) as endangered under the
from Appendix I to Appendix California Endangered
II. Species Act; therefore,
the collection and sale of
wild-collected specimens
is prohibited under State
law.
24.......................... Deletion of leaf-bearing Argentina ...........................
cacti in the genera
Pereskia and Quiabentia
from Appendix II.
25.......................... Deletion of leaf-bearing Mexico ...........................
cacti in the genus
Pereskiopsis from Appendix
II.
27.......................... Amendment of the annotations Switzerland as the The proposal was produced
to Adonis vernalis, Depositary Government, by the Medicinal Plant
Guaiacum species, Hydrastis at the request of the Annotations Working Group
canadensis, Nardostachys Plants Committee. in consultation with the
grandiflora, Panax ginseng, CITES Plants Committee,
Panax quinquefolius, which was directed by the
Picrorhiza kurrooa, Parties to assess the
Podophyllum hexandrum, effectiveness of and
Pterocarpus santalinus, streamline the annotations
Rauvolfia serpentina, Taxus for CITES-listed medicinal
chinensis, T. fuana, T. plants.
cuspidata, T. sumatrana,
and T. wallichiana,
Orchidaceae species in
Appendix II, and all
Appendix-II and -III taxa
annotated with annotation
1.
28.......................... Deletion of Oconee bells United States ...........................
(Shortia galacifolia) from
Appendix II.
30.......................... Inclusion of pernambuco Brazil................. The proposed annotation was
(Caesalpinia echinata) in amended to exclude
Appendix II, including all finished bows and buttons
parts and derivatives. from CITES controls. The
adopted annotation states:
``designates logs, sawn
wood, veneer sheets,
including wood articles
used for the fabrication
of bows for stringed
musical instruments.''
35.......................... Amendment of the annotation Switzerland as the This proposal will replace
to exempt certain Depositary Government, confusing language in the
artificially propagated at the request of the existing taxon-specific
hybrids of Orchidaceae Plants Committee. orchid hybrid exemptions
(interspecific and (referred to as footnote
intergeneric hybrids of 8) with language proposed
Cymbidium, Dendrobium, and agreed upon by
Phalaenopsis, and Vanda) consensus of the Plants
included in Appendix II. Committee.
37.......................... Deletion of the current Switzerland as the The proposed annotation was
annotation for Taxus Depositary Government, amended to exempt from
chinensis, T. fuana, andT. at the request of the CITES controls
sumatrana, and a new Standing Committee. artificially propagated
annotation for artificially hybrids and cultivars of
propagated hybrids and T. cuspidata live in pots.
cultivars of T. cuspidata
in pots or other small
containers to be exempted
from CITES controls.
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Reservations
In addition to announcing the amendments to CITES Appendices I and
II that were adopted at CoP14, we invite public input on whether the
United States should take any reservations on the amendments to the
CITES Appendices (with the exception of species deleted from the
Appendices) that were adopted at the meeting. CITES provides a period
of 90 days from the close of a meeting of the CoP for any Party to
enter a reservation for a particular species listed in Appendix I or
II. Countries that choose not to recognize a listing and take a
reservation may continue trading in the species without CITES documents
with other Parties that have taken the same reservation or with non-
Parties, provided such shipments do not transit a Party country.
However, trade with Parties that have not taken the same reservation
requires CITES documents. While the reservation is in effect the Party
is formally treated as a non-Party with respect to trade in the
reserved species. A Party that has entered a reservation may withdraw
it at any time.
CITES Resolution Conf. 4.25 recommends that, when a species is
newly listed in Appendix I or is transferred from Appendix II to
Appendix I, Parties that take a reservation for that species should
treat the species as if it were listed in Appendix II, rather than not
listed, when trading with other reserving Parties or non-Parties.
Further, CITES Resolution Conf. 9.7 (Rev. CoP13) states that a shipment
containing specimens of CITES species traded between non-Parties or
reserving Parties or between a non-Party and a reserving Party must be
accompanied by CITES documents if it transits a Party country before
reaching its final destination. Therefore, if the United States entered
a reservation to the listing of a species in Appendix I, we would
require a CITES document that meets Appendix II permit criteria (i.e.,
legal acquisition and non-detriment finding) for international trade in
specimens of that species with a non-Party or a Party that has taken
the same reservation.
The United States has never entered a reservation on any CITES
listing because a reservation would do very little to relieve importers
in the United States from the need for foreign export permits. As
discussed in the Federal Register notice of November 17, 1987 (52 FR
43924), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make
it a Federal offense to import into the United States any ``fish or
wildlife'' taken, possessed, transported, or sold in violation of
foreign laws. If a foreign nation has enacted CITES, and has not taken
a reservation with regard to the particular species, part, or
derivative, the United States would continue to require CITES documents
as a condition of import. Regarding CITES-listed plants, the Lacey Act
does not provide the same protections for plants outside of the United
States. However, a reservation by the United States also would provide
exporters in this country
[[Page 45264]]
with little relief from the need for U.S. export documents. Unless the
receiving country had entered the same reservation or was a non-Party,
U.S. exporters of CITES-listed plants and animals would continue to be
required to obtain CITES-comparable documents because the Parties have
agreed to trade with non-Parties and reserving Parties only if they
issue permits and certificates that substantially conform with CITES
requirements and contain the required information outlined in CITES
Resolution Conf. 9.5 (Rev. CoP13). If the United States were to enter a
reservation for a particular species, it may confuse importers and
exporters because, as stated above, CITES permit requirements would
still be imposed by other Parties. This could lead persons to
inadvertently violate the laws of foreign countries that honor the
listing.
Author
This notice was prepared by Pat Ford, Division of Scientific
Authority, (see ADDRESSES, above).
Authority: This notice is issued under the authority of the U.S.
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 31, 2007.
H. Dale Hall,
Director.
[FR Doc. E7-15828 Filed 8-10-07; 8:45 am]
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