[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]
BILLING CODE 4310-55-M