[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27731]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

 

Foreign Proposals to Amend Appendices to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of decision.

-----------------------------------------------------------------------

SUMMARY: The Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES) regulates international trade in certain 
animals and plants. Species for which such 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 decisions by the Fish and Wildlife Service 
(Service) on negotiating positions to be taken by the United States 
delegation with regard to proposals submitted by Parties other than the 
United States. The proposals will be considered at the ninth regular 
meeting of the Conference of the Parties (COP9) to be held in Fort 
Lauderdale, Florida, November 7-18, 1994. It also announces a deadline 
for public recommendations regarding potential reservations that should 
be taken by the United States on any listing decisions by the Parties 
at COP9.

DATES: Proposals mentioned in this notice are scheduled to be discussed 
along with preliminary votes by Party countries in committee on the 
weekdays from approximately November 9 to 15, 1994. Final votes in 
plenary sessions are likely on November 16 and 17, 1994, without 
discussion unless one-third of the Parties support the reopening of 
discussion on specific proposals. Any of these proposals that are 
adopted will enter into effect 90 days after the close of COP9 (i.e., 
on February 16, 1995). Public comments regarding potential reservations 
to be taken by the United States on listings adopted by the Parties at 
COP9 need to be received by the Service's Office of Scientific 
Authority by January 17, 1995.

ADDRESSES: Please send correspondence concerning this notice to the 
Office of Scientific Authority; Mail Stop 725, Arlington Square; U.S. 
Fish and Wildlife Service; Department of the Interior; Washington, D.C. 
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.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of 
Scientific Authority, U.S. Fish and Wildlife Service, Washington, D.C. 
telephone: (703) 358-1708; fax: (703) 358-2276.

SUPPLEMENTARY INFORMATION:

Background

    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 one of three Appendices. Appendix I includes 
species threatened with extinction that are or may be affected by 
international trade. Appendix II includes species that, although not 
necessarily now threatened with extinction, may become so unless the 
trade is strictly controlled. It also lists species that must be 
subject to regulation in order that trade in other currently or 
potentially threatened species may be brought under effective control 
(e.g., because of difficulty in distinguishing specimens of currently 
or potentially threatened species from those other species). Appendix 
III includes species that any Party country 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 to control trade.
    Any Party country may propose amendments to Appendices I and II for 
consideration at meetings of the Conference of the Parties. The 
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 to all Parties no later than 30 days before the 
meeting. Proposals submitted to the Secretariat are subsequently 
distributed to all Parties. After preliminary review of proposals 
received for consideration at COP9, the Service announced the proposals 
and invited comments on tentative negotiating positions in the 
September 6, 1994, Federal Register (59 FR 46023).
    This notice announces the negotiating positions to be taken by the 
United States delegation on proposals submitted by Parties other than 
the United States for consideration at the forthcoming meeting of the 
Parties. The decisions announced in this notice represent formal 
guidance to the delegation. Although it is neither practical nor in the 
best interests of the United States to establish inflexible negotiating 
positions, the delegation will seek to obtain agreement of the 
Conference of the Parties with these positions unless new information 
becomes available (see Summary of Positions).

Report of the Nomenclature Committee

    The Nomenclature Committee, in conjunction with the World 
Conservation Monitoring Centre, 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; similar names may have had more than one 
interpretation, or the scientific name used may not have been the 
preferred or commonly accepted name. The Nomenclature Committee has 
submitted a list of such clarifications for consideration by the 
Parties at COP9. These include (a) the addition of taxonomic authority 
references for all Appendix I species included in the appendices prior 
to 1977, (b) revision of various spellings and the addition of 
taxonomic notes to certain Appendix I species included in the 
appendices prior to 1977, and (c) changes in some names of listed taxa 
in accordance with the latest taxonomic revision. The United States 
supports these changes except for the name changes recommended for 
unionid mussels, because those names are inconsistent with the U.S List 
of Endangered and Threatened Wildlife. The report also identifies taxa 
that require such substantial taxonomic clarification that a regular 
amendment to the appendices is warranted. A copy of this report is 
available from the Office of Scientific Authority (see Addresses).

Comments Received

    Public meetings held on September 14 and 16, 1994, provided 
opportunities for comments from organizations and the general public on 
the tentative positions published in the September 6, 1994, Federal 
Register (59 FR 46023). These meetings were attended by 48 non-Federal-
government individuals, representing 27 non-government organizations, 
three embassies, one news service, and one private business. Some of 
these attendees did not comment, and some followed up their verbal 
comments with written statements. Twelve additional organizations 
provided only written comments during the comment period on species 
proposals.
    With respect to proposals on animal listings, 15 non-government 
organizations and one private individual provided substantive written 
comments, and three additional organizations provided oral comments 
only. Most of the animal proposals received comment from at least one 
organization. Norway's minke whale proposal (eight comments) and South 
Africa's elephant proposal (nine comments) generated the most interest, 
followed by the leopard cat, black-crowned crane, Goffin's cockatoo, 
and black caiman (five comments each). Although there were few comments 
on the box turtle listing proposal from the Netherlands, a similar 
proposal from the United States generated considerable public comment.
    Written comments on plant species were received from 12 
organizations, 17 commercial businesses, five members of Congress, two 
foreign governments, one foreign government agency, three specialists 
in certain aspects of plants, and over 300 members of the general 
public; no organization provided only oral comments. Proposals on 
timber-tree species and succulents received the most comments, and no 
comments were received regarding orchids and some of the medicinal 
species.
    The Service has prepared a summary of public comments entitled 
``Assessment of Comments on Species Listing Proposals,'' which includes 
notes on the negotiating positions of the United States. The separate 
development of this document, in keeping with past practice of the 
Service, allows for more timely and less expensive publication in the 
Federal Register. Although biological and trade information received 
from individuals and organizations after the comment period expired is 
not referenced in this document, all such information was considered on 
the basis of its scientific and/or quantitative merit. The ``Assessment 
of Comments on Species Listing Proposals'' is available upon request 
from the Office of Scientific Authority.

Summary of Positions

    As a consequence of (a) careful review and analysis of public 
comments and (b) new information that has become available from a 
variety of other sources since publication of tentative positions in 
the earlier Federal Register (59 FR 46023), some positions have been 
changed. Seven changes involve animal listing proposals. Four of these 
(related to tinamous, Udzungwa forest partridge, black-crowned crane, 
and black caiman) were made as a result of reviewing new information. 
Three (related to the Tanzanian Nile crocodile, tuataras, and Asian 
bonytongue fish) were made to clarify the U.S. position in cases where 
the original proposals contained ambiguities. Four changes involve 
plant listing proposals and were made as a result of receiving new 
information on Pachypodium brevicaule, Berberis aristata, Coptis teeta, 
and Dactylanthus taylorii.
    The negotiating positions presented in the following table are 
based upon (a) the best available biological and trade information 
available to the Service at this time, (b) the criteria for listing 
species in the Appendices (Conf. 1.1 and 1.2 of the first meeting of 
the Conference of Parties to the Convention, as interpreted by past 
listing discussions and actions of the Parties), and (c) other 
provisions for listing species, including Conf. 2.19 on extremely rare 
species, Conf. 2.23 and Conf. 3.20 on delistings under special 10-year 
review procedures, Conf. 3.15 and 8.22 on ranching, Conf. 5.14 on 
uplisting plant species, Conf. 5.21 and 7.14 on special criteria for 
the transfer of taxa from Appendix I to Appendix II with concurrent 
establishment of export quotas, and Conf. 2.12 and 8.15 on captive-
breeding facilities. Rationale for (and/or commentary on) each current 
position is presented in footnotes referenced in the table. In some 
cases, only the rationale for a position has changed from that 
presented in the previous notice. The bases for some positions, 
particularly those that have changed since the previous notice, are 
further explained in the separate ``Assessment of Comments on Species 
Listing Proposals.''
    Although this notice sets forth the negotiating positions of the 
United States at COP9, new information that becomes available during a 
COP can often lead to modifications in positions. Support or opposition 
to particular proposals may depend on whether certain questions about 
them are answered satisfactorily at the meeting. At COP9, the U.S. 
delegation will disclose all position changes and the rationale for 
them.

----------------------------------------------------------------------------------------------------------------
           Species                   Proposed amendment               Proponent               U.S. position     
----------------------------------------------------------------------------------------------------------------
Mammals:                                                                                                        
Order Chiroptera.............                                                                                   
Acerodon jubatus (Golden-      Transfer from II to I........  Philippines.............  Support.\1\             
 capped fruit bat).                                                                                             
Acerodon lucifer (Panay giant  Transfer from II to I........  Philippines.............  Support.\1\             
 fruit bat).                                                                                                    
Order Edentata...............                                                                                   
Euphractus spp. (Armadillos).  Add to II....................  Chile...................  Oppose.\2\              
Order Pholidota..............                                                                                   
Manis spp. (Pangolins).......  Add to II....................  Switzerland.............  Support.\3\             
Manis temminckii (Cape         Transfer from I to II........  Switzerland.............  Support.\4\             
 pangolin).                                                                                                     
Order Rodentia...............                                                                                   
Chinchilla spp. (Chinchillas)  Remove from I (domesticated    Chile...................  Oppose.\5\              
                                specimens in South America).                                                    
Order Cetacea................                                                                                   
Balaenoptera acutorostrata     Transfer from I to II          Norway..................  Oppose.\6\              
 (Minke whale).                 (Northeast Atlantic and the                                                     
                                North Atlantic central                                                          
                                stocks).                                                                        
Order Carnivora..............                                                                                   
Felis bengalensis bengalensis  Transfer from I to II........  Switzerland.............  Support.\1\,\7\         
 (Leopard cat).                                                                                                 
Hyaena brunnea (Brown hyena).  Transfer from I to II........  Switzerland.............  Support.\1\             
Conepatus spp. (Hog-nosed      Add to II....................  Chile...................  Oppose.\8\              
 skunks).                                                                                                       
Ailurus fulgens (Red panda)..  Transfer from II to I........  Netherlands.............  Support.\1\             
Order Proboscidea............                                                                                   
Loxodonta africana (African    Transfer from I to II (South   South Africa............  Under review.\9\        
 elephant).                     Africa's population).                                                           
Loxodonta africana (African    Transfer from I to II          Sudan...................  Oppose.\10\             
 elephant).                     (Sudan's population).                                                           
Order Perissodactyla.........                                                                                   
Ceratotherium simum simum      Transfer from I to II (South   South Africa............  Oppose.\11\             
 (White rhinoceros).            Africa's population).                                                           
Order Artiodactyla...........                                                                                   
Megamuntiacus vuguanghensis    Add to I.....................  Vietnam.................  Support.\1\             
 (Giant muntjac).                                                                                               
Pseudoryx nghetinhensis (Vu    Add to I.....................  Denmark.................  Support.\1\             
 Quang Ox).                                                                                                     
Vicugna vicugna (Vicuna).....  Transfer from I to II          Peru....................  Oppose.\12\             
                                (remaining Peruvian Appendix                                                    
                                I populations).                                                                 
Vicugna vicugna (Vicuna).....  Amend annotation for Appendix  Chile...................  Support.\13\            
                                II populations to allow the                                                     
                                trade in wool sheared from                                                      
                                live vicun.6as.                                                                 
Hippopotamus amphibius         Add to II....................  Belgium, Benin, and       Support.\1\             
 (Hippopotamus).                                               France.                                          
Birds:                                                                                                          
Order Apterygiformes.........                                                                                   
Apteryx spp. (Kiwis).........  Add to I.....................  New Zealand.............  Support.\1\,\3\         
Order Tinamiformes...........                                                                                   
Rhynchotus rufescens           Remove from II...............  Uruguay.................  Support.\4\             
 maculicollis (Red-winged                                                                                       
 tinamou).                                                                                                      
Rhynchotus rufescens           Remove from II...............  Uruguay.................  Support.\4\             
 pallescens (Southern red-                                                                                      
 winged tinamou).                                                                                               
Rhynchotus refescens           Remove from II...............  Uruguay.................  Support.\4\             
 rufescens (Western red-                                                                                        
 winged tinamou).                                                                                               
Order Anseriformes...........                                                                                   
Anas aucklandica (currently    Transfer from II to I........  New Zealand.............  Support.\14\            
 listed as Anas aucklandica                                                                                     
 aucklandica).                                                                                                  
Anas chlorotis (currently      Transfer from II to I........  New Zealand.............  Support.\14\            
 listed as Anas aucklandica                                                                                     
 chlorotis).                                                                                                    
Anas nesiotis (currently       Retain in I..................  New Zealand.............  Support.\14\            
 listed as Anas aucklandica                                                                                     
 nesiotis).                                                                                                     
Order Galliformes............                                                                                   
Xenoperdix udzungwensis        Add to I.....................  Denmark.................  Support.\1\             
 (Udzungwa forest partridge).                                                                                   
Order Gruiformes.............                                                                                   
Balearica pavonina (Black-     Transfer II to I.............  Netherlands.............  Support.\1\,\3\         
 crowned crane).                                                                                                
Order Psittaciformes.........                                                                                   
Cacatua goffini (Goffin's      Transfer from I to II........  Indonesia...............  Oppose.\15\             
 cockatoo).                                                                                                     
Eos histrio (Red and blue      Transfer from II to I........  Indonesia...............  Support.\1\             
 lory).                                                                                                         
Cyanoramphus malherbi (Orange- Transfer from II to I........  New Zealand.............  Support.\16\            
 fronted parakeet).                                                                                             
Cyanoramphus novaezelandiae    Transfer I to II.............  New Zealand.............  Oppose.\17\             
 (New Zealand or Red-crowned                                                                                    
 parakeet).                                                                                                     
Psittacus erithacus princeps   Transfer from I to II........  United Kingdom..........  Support.\4\             
 (African gray parrot).                                                                                         
Psittacus erithacus (Sao Tome/ Retain in I in lieu of         United Kingdom..........  Support.\18\            
 Principe populations of        Psittacus erithacus princeps.                                                   
 African gray parrot).                                                                                          
Order Cuculiformes...........                                                                                   
Musophagidae spp. (Turacos)..  Add to II....................  Netherlands.............  Support.\3\             
Order Apodiformes............                                                                                   
Collocalia spp. (Edible-nest   Add to II....................  Italy...................  Support.\1\             
 swiftlets).                                                                                                    
Order Passeriformes..........                                                                                   
Agelaius flavus (Saffron-      Add to I.....................  Uruguay.................  Support.\1\             
 cowled blackbird).                                                                                             
Reptiles:                                                                                                       
Order Crocodylia.............                                                                                   
Melanosuchus niger (Black      Transfer from I to II          Ecuador.................  Oppose.\19\             
 caiman).                       (Ecuador's population                                                           
                                pursuant to Conf. 3.15 on                                                       
                                ranching).                                                                      
Crocodylus niloticus (Nile     Change basis of maintenance    Madagascar..............  Oppose.\20\             
 crocodile).                    of Malagasy population on II                                                    
                                from Conf. 7.14 to Conf.                                                        
                                3.15.                                                                           
Crocodylus niloticus (Nile     Change basis of maintenance    South Africa............  Support.\21\            
 crocodile).                    of South Africa's population                                                    
                                on II from Conf. 7.14 to                                                        
                                Conf. 3.15.                                                                     
Crocodylus niloticus (Nile     Transfer from II to I          Switzerland.............  Support.\22\            
 crocodile).                    (Madagascar and Somalia                                                         
                                populations..                                                                   
Crocodylus niloticus (Nile     Maintain in II with            Tanzania................  Oppose.\23\             
 crocodile).                    significant increase in                                                         
                                export quota pursuant to                                                        
                                Conf. 7.14.                                                                     
Crocodylus porosus (Saltwater  Change basis of maintenance    Indonesia...............  Oppose.\20\             
 crocodile).                    of Indonesia population on                                                      
                                II from Conf. 7.14 to Conf.                                                     
                                3.15.                                                                           
Crocodylus porosus (Saltwater  Transfer from II to I          Switzerland.............  Support.\22\            
 crocodile).                    (Indonesian population).                                                        
Crocodylus porosus (Saltwater  Change basis of maintenance    Australia...............  Support.\1\             
 crocodile).                    of Australian population on                                                     
                                II from Conf. 3.15 to Conf.                                                     
                                1.2.                                                                            
Order Testudinata............                                                                                   
Lissemys puncata (Indian flap- Add to II....................  Switzerland.............  Support.\1\             
 shelll turtle).                                                                                                
Lissemys punctata punctata     Remove from I................  Switzerland.............  Support\4\,\24\         
 Indian flap-shell turtle).                                                                                     
Terrapene spp. (Box turtles).  Add to II (retain T. coahuila  Netherlands.............  Support.\25\            
                                in I).                                                                          
Testudo kleinmanni (Egyptian   Transfer from II to I........  Egypt...................  Support.\26\            
 tortoise).                                                                                                     
Order Rhynchocephalia........  .............................  ........................  ........................
Sphenodon spp. (Tuataras) or   Add to I.....................  New Zealand.............  Support.\27\            
 Sphenodon guntheri                                                                                             
 (Brother's Island tuatara).                                                                                    
Order Sauria.................  .............................  ........................  ........................
Phymaturus flagellifer         Add II.......................  Chile...................  Oppose.\2\              
 (Racerunner lizard).                                                                                           
Pristidactylus alvarol.......  Add to II....................  Chile...................  Support.\1\             
Pristidactylus torquatus.....  Add to II....................  Chile...................  Support.\1\             
Prestidactylus valreiae......  Add to II....................  Chile...................  Support.\1\             
Pristidactylus volcanensis...  Add to II....................  Chile...................  Support.\1\             
Callopistes palluma..........  Add to II....................  Chile...................  Support.\26\            
Varanus bengalensis (Indian    Transfer from I to II          Bangladesh..............  Oppose.\28\             
 monitor).                      (Bangaledesh population).                                                       
Varanus flavescens (Yellow     Transfer from I to II          Bangladesh..............  Oppose.\28\             
 monitor).                      (Bangladesh population).                                                        
Amphibians:                                                                                                     
Order Anura..................  .............................  ........................  ........................
Bufo periglenes (Monte Verde   Add to I.....................  Netherlands.............  Support.\29\            
 or Golden toad).                                                                                               
Mantella aurantiaca (Malagasy  Add to I.....................  Netherlands and Germany.  Support.\26\            
 golden frog).                                                                                                  
Fish:                                                                                                           
Order Osteoglossiformes......  .............................  ........................  ........................
Scleropages formosus (Asian    Transfer from II to I          Indonesia...............  Support.\30\            
 bonytongue).                   (Indonesian population).                                                        
Scleropages formosus (Asian    Transfer from II to I          Switzerland.............  Support.\22\            
 bonytongue).                   Indonesian population.                                                          
Molluscs:                                                                                                       
Charonia tritonis (Giant       Add to II....................  Australia...............  Support.\1\             
 triton).                                                                                                       
Placostylus spp. (New Zealand  Add to II (New Zealand         New Zealand.............  Support.\1\             
 flax snails).                  population).                                                                    
Powelliphanta spp. (New        Add to II (New Zealand         New Zealand.............  Support.\3\             
 Zealand land snails).          population).                                                                    
Insects:                                                                                                        
Colophon spp. (Cape stage      Add to I.....................  Netherlands.............  Support.\1\             
 beetles.                                                                                                       
Arachnids:                                                                                                      
Pandinus dictator (Emperor     Add to II....................  Ghana...................  Support.\3\             
 scorpion).                                                                                                     
Pandinus gambienis (scorpion)  Add to II....................  Ghana...................  Support.\3\             
Pandinus imperator (scorpion)  Add to II....................  Ghana...................  Support.\26\            
Plants:                                                                                                         
Family Apocynaceae...........  .............................  ........................  ........................
Pachypodium ambondgenese.....  Transfer from II to I........  Madagascar & Switzerland  Support.\1\             
P. brevicaule................  Transfer from I to II........  Madagascar & Switzerland  Oppose.17,31,32)        
P. namaquanum................  Transfer from I to II........  Switzerland.............  Support.\2\             
Family Araceae...............  .............................  ........................  ........................
Alocasia sanderiana..........  Remove from II...............  Switzerland.............  Support.\1\             
Family Balanophoraceae.......  .............................  ........................  ........................
Dactylanthus taylorii........  Add to I.....................  New Zealand.............  Support.\33\,\2\        
Family Berberidaceae.........  .............................  ........................  ........................
Berberis aristata de Candolle  Add to II....................  India...................  Oppose.\34\,\17\,\31\   
Family Cactaceae.............  .............................  ........................  ........................
Astrophytum asterias.........  Transfer from I to II........  Mexico & Switzerland....  Oppose.\17\             
Leuchtenbergia principis.....  Transfer from I to II........  Mexico & Switzerland....  Support.\1\             
Mammillaria 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 primulifolia.......  Transfer from I to II........  Madagascar & Switzerland  Oppose.\35\             
Family Gentianaceae..........  .............................  ........................  ........................
Gentiana kurroo..............  Add to II....................  India...................  Oppose.\17\,\31\,\2\    
Family Leguminosae (Fabaceae)  .............................  ........................  ........................
Dalbergia melanoxylon........  Add to II....................  Germany; Kenya..........  Support.\2\,\36\        
Pterocarpus santalinus.......  Add to II....................  India...................  Support.\2\,\37\        
Family Liliaceae.............  .............................  ........................  ........................
Aloe albiflora...............  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe alfredii................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe bakeri..................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe barbadensis (syn. A.      Remove from II...............  Switzerland.............  Under review.\39\       
 vera [sic]).                                                                                                   
Aloe bellatula...............  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe calcairophila...........  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe compressa (inc. var.      Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
 rugosquamosa and var.                                                                                          
 schistophila).                                                                                                 
Aloe delphinensis............  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe descoingsii.............  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe fragilis................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe haworthioides (inc. var.  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
 aurantiaca).                                                                                                   
Aloe helenae.................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe laeta (inc. var.          Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
 maniensis).                                                                                                    
Aloe parallelifolia..........  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Aloe parvula.................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe rauhii..................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe suzannae................  Transfer from II to I........  Madagascar & Switzerland  Support.\2\,\38\        
Aloe versicolor..............  Transfer from II to I........  Madagascar & Switzerland  Support.\2\             
Colchicum luteum.............  Add to II....................  India...................  Oppose.\17\,\31\        
Family Meliaceae.............  .............................  ........................  ........................
Entandrophragma spp..........  Add to II....................  Germany.................  Support.\2\,\40\        
Khaya spp....................  Add to II....................  Germany.................  Support.\2\,\40\        
Swietenia macrophylla of the   Add to II....................  Netherlands.............  Under review.\41\       
 neotropics, 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 cordigerum ......  Transfer from II to I........  India...................  Oppose.\17\,\31\        
Cypripedium elegans..........  Transfer from II to I........  India...................  Oppose.\17\,\31\        
Cypripedium himalaicum.......  Transfer from II to I........  India...................  Oppose.\17\,\31\        
Cypripedium tibeticum........  Transfer from II to I........  India...................  Oppose.\31\             
Dendrobium cruentum..........  Transfer from II to I........  Thailand................  Support.\2\,\42\        
Didiciea cunninghamii........  Transfer from I to II........  Switzerland.............  Support.\1\             
Lycaste skinneri var. alba...  Transfer from I to II........  Switzerland & Mexico....  Support.\1\             
Family Polygonaceae..........  .............................  ........................  ........................
Rheum australe...............  Add to II....................  India...................  Oppose.\17\,\31\,\2\    
Family Ranunculaceae.........  .............................  ........................  ........................
Aconitum deinorrhizum........  Add to II....................  India...................  Oppose.\2\              
Aconitum ferox...............  Add to II....................  India...................  Oppose.\2\              
Aconitum heterophyllum.......  Add to II....................  India...................  Oppose.\2\              
Coptis teeta.................  Add to II....................  India...................  Oppose.\2\              
Family Rosaceae..............  .............................  ........................  ........................
Prunus africana..............  Add to II....................  Kenya...................  Support.\1\,\2\         
Family Scrophulariaceae......  .............................  ........................  ........................
Picrorhiza kurrooa...........  Add to II....................  India...................  Oppose.\17\,\31\,\2\    
Family Taxaceae..............  .............................  ........................  ........................
Taxus wallichiana............  Add to II....................  India...................  Support.\2\,\43\        
Family Theaceae..............  .............................  ........................  ........................
Camellia chrysantha..........  Remove from II...............  Switzerland.............  Support.\1\             
Family Thymelaeaceae.........  .............................  ........................  ........................
Aquilaria malaccensis (syn.    Add to II....................  India...................  Support.\2\             
 A. agallocha).                                                                                                 
Family Valerianaceae.........  .............................  ........................  ........................
Nardostachys grandiflora.....  Add to II....................  India...................  Oppose.\17\,\31\,\2\    
Parts and Derivatives          .............................  Germany.................  Support.                
 Proposal.                                                                                                      
----------------------------------------------------------------------------------------------------------------
With respect to 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 these types of cultures, with different shapes and made of different          
  materials''.                                                                                                  
The bases for the final U.S. negotiating positions on the proposals are:                                        
\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 statements of range State(s) and looks forward to discussions with them at the COP.      
\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 formally submitted pursuant to the ten-year review resolution for downlisting,
  this action appears to be justified under such provisions.                                                    
\5\These species of chinchillas are presently listed in Appendix I in South America 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, at least until it is determined that there is no risk to wild forms, would be both    
  appropriate and consistent with the position of the CITES Standing Committee on proposed changes in listing   
  criteria (Annex 4).                                                                                           
\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 opposes the transfer of the minke whale from Appendix I to Appendix II.                            
\7\The United States will support the position of India (where the status of the subspecies may be more         
  precarious) that the subspecies remain in Appendix I within india.                                            
\8\Trade and population information is considered insufficient, and neither population status nor trade levels  
  of species occurring in the United States appears to warrant listing the entire genus. Five species are       
  identified in Mammals Checklist of the World by Wilson and Reeder (1993) including two (C. leuconotus and C.  
  mesoleucus) that occur in the southwestern part of the United States. The United States will give strong      
  consideration to the opinions of range States regarding listing of those species not occurring in the United  
  States.                                                                                                       
\9\The Service believes that, under intensely managed and enforced conditions, consumptive use of African       
  elephants can be sustainable and, in certain cases, may be a key component of effective conservation          
  strategies. Rigorous controls on trade are an important part of management. The United States opposes         
  reopening of the ivory trade and is concerned that the South African proposal as originally submitted did not 
  appear to eliminate the possibility of legal trade being resumed or of illegal trade being escalated. A Panel 
  of Experts established under the provisions of Conf. 7.9 is reviewing in country trade controls. The U.S. will
  not finalize its position until it has had the opportunity to review the Panel's report in detail along with  
  any revisions of the proposal submitted by South Africa.                                                      
\10\This proposal does not meet trade control provisions outlined in Conf. 7.9.                                 
\11\This proposal would allow legal trade in rhino horn products, albeit with strict in-country controls; such  
  trade is premature until illegal trade is under control. The United States supports decisions of the Standing 
  Committee that illegal trade in rhinoceros specimens or product undermines the effectiveness of CITES. The    
  United States continues to support decisions from previous meetings of the Conference of the Parties and the  
  Standing Committee regarding rhinoceros conservation and trade in rhinoceros horn. The United States is highly
  supportive of efforts by major consumer states to ban the importation and sale of rhinoceros parts and        
  products and to cooperate in enforcement efforts.                                                             
\12\The information received does not demonstrate that Peruvian Appendix II populations subjected to managed    
  take and trade have fared better than Appendix I populations. Given that, and pending clear demonstration that
  sustainable use programs are working, downlisting of Appendix I populations is premature. Trade controls for  
  wool of Appendix II animals (similar to those proposed by Chile to ensure that illegal wool does not enter    
  trade) are encouraged and would receive positive consideration.                                               
\13\Export of fiber and re-import of processed fiber would be monitored to control inclusion of illegal fiber in
  any significant amount. U.S. support is contingent upon strong assurances that adequate trade controls are in 
  place and that native communities receive maximum economic incentive to manage Appendix II populations        
  sustainably.                                                                                                  
\14\These entities are considered populations of one species, Anas auklandica, in the current CITES-adopted     
  check list. By recommending the uplisting of the two subspecies (according to some authorities) currently on  
  Appendix II, the net result of this proposal is to list the entire species, Anas aucklandica, on Appendix I.  
  Recommendations of the Nomenclature Committee regarding this proposal will be considered.                     
\15\The Service is concerned with the methodology used in the study on which this proposal is based and is not  
  convinced that the resulting population estimates are realistic. In addition, the Service is concerned about  
  the implications for trade in other island populations of this species.                                       
\16\If a valid taxon, the transfer of Cyanoramphus malherbi to Appendix I seems justified on biological and     
  trade grounds. However, this ``species'' is now considered to be a color morph of C. auriceps in the CITES-   
  adopted checklist. Therefore, support will be contingent upon recommendation of the Nomenclature Committee as 
  to the validity of the listing.                                                                               
\17\The population-status information is not sufficient to warrant the listing, uplisting, downlisting, or      
  delisting as proposed.                                                                                        
\18\The Service supports the above proposal submitted by the United Kingdom to downlist Psittacus erithacus     
  princeps from Appendix I to Appendix II (thereby placing the entire species, P. erithacus, on Appendix II). If
  the Parties adopt the above downlisting proposal, the Service understand that the United Kingdom will withdraw
  this alternative proposal. However, if the Parties reject the downlisting proposal, the Service will support  
  the alternative proposal in the interest of clarifying the taxonomy of P. erithacus.                          
\19\The Service opposes this proposal until (a) effective population monitoring, trade controls, and licensing  
  procedures are in place, and (b) evidence is presented that the wild population can sustain the initial level 
  of harvest of eggs and hatchlings proposed for initiating the ranching program.                               
\20\The Service is concerned about management and enforcement, including but not limited to the considerations  
  presented in footnote 21.                                                                                     
\21\The transfer of certain crocodilian populations from Appendix I to II was proposed pursuant to Conf. 3.15   
  (ranching) or Conf. 5.21 and 7.14 (export quota). The Service's initial support of these proposals is         
  contingent upon assurance that (1) annual and other required reports are being filed regularly by the         
  proponent with the CITES Secretariat, (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.                                              
\22\Switzerland, as depositary government, proposed the transfer from Appendix II to Appendix I of those species
  that were downlisted from Appendix I to Appendix II under the provisions of Conf. 5.21. If ranching or export 
  quota proposals are adopted by the Parties, Switzerland will withdraw its proposal for those populations.     
\23\The Service opposes expansion of export quotas for wild-harvested animals beyond currently authorized levels
  without further justification. The Service agrees with the IUCN Crocodile Specialist Group that Conf. 7.14 is 
  inappropriate in this case and that wild harvest should be conducted only on a limited basis as ``reasonable  
  cropping'' in conjunction with ranching programs under Conf. 8.22.                                            
\24\Support for this proposal is conditioned upon the inclusion of the entire species L. punctata in Appendix   
  II.                                                                                                           
\25\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.                                                                               
\26\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.                                                                                                  
\27\The Service supports the inclusion of Sphenodon spp. (tuataras) as opposed to S. guntheri on Appendix I, but
  considers all tuataras to have been included in Appendix I already, based on the present listing of S.        
  punctatus. The Nomenclature Committee agrees with the latter and recommends that the listing be changed to    
  Sphenodon spp., now that S. punctatus has been split into more than one species. If the Committee's report is 
  adopted by the Parties, it will render the New Zealand proposal redundant.                                    
\28\Although this is proposed as a temporary transfer to Appendix II until the next COP, the Service's long-    
  standing position has been to oppose commercial sale of confiscated specimens of Appendix I species.          
\29\The Service would support listing of this taxon in Appendix I on the basis of Conf. 2.19 (i.e., due to the  
  taxon's rarity, and because any trade in this taxon would be detrimental).                                    
\30\Malaysia has had a captive breeding facility registered for this species in accordance with Article VII     
  paragraph 4 and pursuant to /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 its proposal to continue the present downlisting to       
  Appendix II pursuant to Conf. 5.21, under which there is an export quota for captive-reared fish and a zero   
  quota for wild fish.                                                                                          
\31\Trade information is considered insufficient to support the proposal.                                       
\32\The United States recognizes that the downlisting of this species should be linked with the need for an     
  export quota or sustainable-harvest system, which is expressed in the proposal, the analysis by IUCN, and the 
  position of the TRAFFIC Network. The United States believes that a management plan and appropriate quota      
  should be in place before downlisting. This quota should take into account the population structure (including
  age structure) of the species, so that there is not excessive pressure to remove the large (and much older)   
  wild individuals, for which artificially propagated specimens presently do not substitute. Furthermore, the   
  establishment of artificial propagation program in Madagascar would be an important consideration. Trade of   
  artificially propagated Appendix I specimens can be facilitated by means of multiple-shipment export permits  
  that have validity for 6 months and are renewable.                                                            
\33\The concern is export of the ``wood-rose'', which the United States believes would be properly included by  
  listing Dactylanthus taylorii (pua-o-te-reinga) because the wood-rose is an essential derivative of D.        
  taylorii that is induced by its interaction with its host. Each wood-rose may be completely the substance     
  (root-tissue) of an individual of several common host trees or shrubs, which has been wholly transformed at   
  and near the host-Dactylanthus interface by D. taylorii.                                                      
\34\Berberis aristata of some authors but not de Candolle is B. chitria and (and/or B. floribunda).             
\35\The downlisting of this species is unjustified, because of similar appearance of other dwarf taxa of        
  subgenus Lacanthis that are in Madagascar and are all in Appendix I. Moreover, no management plan is in place 
  for the two varieties of this popular species--especially for the less common var. begardii. Trade in         
  artificially propagated Appendix I specimens can be facilitated by means of multiple-shipment export permits  
  that have validity for 6 months and are renewable.                                                            
\36\The United States will seek amendment of this proposal to exclude the non-African (non-native) population,  
  and to exclude finished musical instruments. This species is often called African blackwood; although in the  
  proposal one of the common names mentioned is African ebony, true ebonies--including African ebony--normally  
  are regarded to be species of Diospyros.                                                                      
\37\The United States will seek amendment of this proposal to exclude both finished musical instruments and     
  chemical derivatives.                                                                                         
\38\The United States is tentatively in support of the uplisting all 17 of the Aloe species; however, in an     
  effort to determine which appendix would provide more net benefit to the wild populations, the United States  
  is evaluating which of these species can be easily propagated, are readily available as propagated specimens, 
  and may become less available under Appendix I trade controls [Conf. 5.14(b)(iii)].                           
\39\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 unregulated trade in whole plants of Aloe vera would place wild populations of threatened 
  aloes at increased risk.                                                                                      
\40\The listing of this taxon appears to be justified; similarity of appearance also is a concern.              
\41\The United States received information regarding this species and its trade at a meeting of the Linnean     
  Society of London on September 8, 1994. Note that hybrids between Swietenia macrophylla and S. mahagoni are   
  spontaneous but are not natural hybrids in terms of Conf. 2.13; they sometimes occur where people have        
  introduced S. macrophylla 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 logs, sawn wood, veneer sheets, and      
  plywood sheets.                                                                                               
\42\The problem of identification of this species when not in flower is recognized, as the remainder of this    
  genus of about 900 species would remain in Appendix II.                                                       
\43\The United States is evaluating whether to seek an amendment of this proposal to exclude chemical           
  derivatives (i.e., the end-product medicine).                                                                 

Future Actions

    Amendments are adopted by a two-thirds majority of the Parties 
present and voting. All species amendments adopted will enter into 
effect 90 days after the close of COP9 (i.e., on February 16, 1995) for 
the United States, unless a reservation is entered. Article XV of CITES 
enables any Party to exempt itself from implementing CITES for any 
particular species, if it enters a reservation with respect to that 
species. A Party desiring to enter a reservation must do so during the 
90-day period immediately following the close of the meeting at which 
the Parties voted to include the species in Appendix I or II. Soon 
after COP9, the Service plans to publish a notice in the Federal 
Register announcing the final vote of the Parties on these listing 
proposals. If the United States should decide to enter any reservation, 
this action must be transmitted to the Depositary Government 
(Switzerland) by February 16, 1995.
    The Service invites comments and recommendations from the public 
concerning reservations to be taken by the United States on any 
amendments to the appendices adopted by the Parties at COP9. The 
Service's past practice has been to solicit public comments only after 
the COP, in the notice that announces the actions of the Parties at the 
COP on the proposed species amendments. However, because of the short 
time available for taking reservations, the Service is now soliciting 
comments on possible reservations on any proposed species amendment 
that may be adopted. Although the Service will re-solicit comments 
after COP9 if time is available, this present notice may be the only 
request for such comments. Recommendations or comments regarding 
reservations must be received by January 17, 1995. If the United States 
should enter any reservations, they will be announced in the same 
Federal Register notice that incorporates the listing decisions of the 
Parties into the Code of Federal Regulations (50 CFR Part 23).
    Reservations, if entered, may do little to relieve importers in the 
United States from the need for foreign export permits, because 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 animals taken, possessed, 
transported, or sold in violation of foreign conservation laws. If a 
foreign country has enacted CITES as part of its positive law, and that 
country has not taken a reservation with regard to the animal or plant, 
or its parts or derivatives, the United States (even if it had taken a 
reservation on a species) would continue to require CITES documents as 
a condition of import. Any reservation by the United States would 
provide exporters in this country with little relief from the need for 
U.S. export documents. Receiving countries that are party to CITES 
would generally require CITES-equivalent documentation from the United 
States, even if it enters a reservation, because the Parties have 
agreed to allow trade with non-Parties (including reserving Parties) 
only if they issue documents containing all the information required in 
CITES permits or certificates. In addition, if a reservation is taken 
on a species listed in Appendix I, the species should still be treated 
by the reserving Party as in Appendix II according to Conf. 4.25, 
thereby still requiring CITES documents for export of these species. 
The United States has never entered a reservation to a CITES listing. 
It is the policy of the United States that commercial trade in Appendix 
I species for which a country has entered a reservation undermines the 
effectiveness of CITES.
    This notice was prepared by Drs. Marshall A. Howe, Bruce MacBryde, 
and Charles W. Dane, Office of Scientific Authority, under authority of 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

    Dated: November 1, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-27731 Filed 11-4-94; 12:20 pm]
BILLING CODE 4310-55-P