[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Rules and Regulations]
[Pages 6793-6795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3366]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018-AD61


Addition of Bigleaf Mahogany to Appendix III of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: This rule announces the addition to Appendix III of the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES or Convention) of bigleaf mahogany (Swietenia 
macrophylla) from the Americas and its saw-logs, sawn wood and veneers 
only, as submitted by the Government of Costa Rica. A list of the 
species contained in the CITES appendices is presented for 
informational purposes in the U.S. Code of Federal Regulations at 50 
CFR 23.23. The Service will consider any comments received on whether 
to enter a reservation on the addition of this species to Appendix III. 
Second, a phrase is revised in 50 CFR 23.23(d) to clarify that the 
regulated parts and derivatives of plants are in some cases presented 
categorically, and in others set out with the particular entry on the 
species in the list.

DATES: This rule is effective on February 22, 1996. The recent change 
to Appendix III set forth in this rule entered into force on November 
16, 1995, under the terms of the Convention.

ADDRESSES: Please send correspondence concerning the amendment 
announced in this rule to Chief, Office of Scientific Authority, ARLSQ 
725, U.S. Fish and Wildlife Service, Washington, DC 20240; fax number 
703-358-2276. Express and messenger deliveries should be addressed to 
Chief, Office of Scientific Authority, Room 750, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Arlington, Virginia 22203.
    The text of the Appendix III notification from the Convention's 
Secretariat is available on request, and related materials are 
available for public inspection by appointment, from 8 a.m. to 4 p.m. 
Monday through Friday, at the above address in Arlington, Virginia.
    Please send certificate/permit questions or any applications 
concerning this regulation to Chief, Office of Management Authority, 
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420c, 
Arlington, Virginia 22203, fax number 703-358-2281. Express and 
messenger deliveries should be addressed to Chief, Office of Management 
Authority, at that Arlington address.

FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Chief, Office of Scientific Authority (telephone 
703-358-1708), or the Branch of Permits, Office of Management Authority 
(telephone 800-358-2104).

SUPPLEMENTARY INFORMATION: 

Background

    The Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (TIAS 8249) regulates international trade in certain 
animal and 

[[Page 6794]]
plant species. The species for which trade in particular specimens is 
controlled are listed in Appendices I, II, and III to the Convention. 
Appendix III comprises the list of species subject to regulation within 
any CITES Party country that has requested the cooperation of the other 
Parties in regulating international trade in the specified specimens of 
the species.
    This rule updates the list of CITES species that is reproduced in 
the U.S. Code of Federal Regulations (CFR) at 50 CFR 23.23(f) (see the 
latest revision in the Federal Register of October 6, 1995 [60 FR 
52450]) by adding Swietenia macrophylla (bigleaf mahogany) in the 
Americas (i.e., South America, Central America, the Caribbean, and 
North America) to Appendix III as advanced by the Government of Costa 
Rica pursuant to Article XVI paragraph 1 of the Convention, including 
only its saw-logs, sawn wood, and veneers as the parts or derivatives 
covered by the provisions of the Convention. Thus, products such as 
finished furniture are excluded. Moreover, export of specimens from 
plantations located outside the Americas is not regulated. The CITES 
Secretariat notified all Party countries on August 18, 1995, of the 
addition to Appendix III of the populations of this species in the 
Americas. (the species is native from Bolivia and Brazil to Mexico.) In 
accordance with Article XVI paragraph 2, such an amendment becomes 
effective 90 days after notification, in this case on November 16, 
1995. All shipments exported on or after that date must be accompanied 
by appropriate documentation in compliance with CITES, which is to be 
presented upon import to the Party countries.
    International trade in Appendix III species and their parts and 
derivatives that are specified as being included requires the issuance 
of either an export permit, a certificate of origin, a re-export 
certificate, or a pre-Convention certificate, by the exporting or the 
re-exporting Party. An export permit, which signifies that the 
specimens were not obtained in contravention of the laws of that 
country for conservation, is required if the shipment originates from 
the Party that added the species to Appendix III, in this case Costa 
Rica. Export from the other Party countries in the Americas requires 
the issuance of either a certificate from the country of origin, a 
certificate from the country of re-export, or a pre-Convention 
certificate (from the country of export); these documents legally 
verify either (1) that the specimens that were acquired since the date 
of the species' listing originated in a non-listing country; (2) that 
they are being re-exported after an importation in accordance with 
CITES; or (3) that they were acquired before the provisions of the 
Convention applied to them. All the countries of South America, Central 
America, and North America and some countries in the Caribbean are 
Parties to the Convention. Beginning in 1976 with Resolution Conf. 1.5, 
the Parties have recommended that Article X of CITES be applied so that 
equivalent documentation is required from non-Parties to the 
Convention.
    The Convention's Secretariat as well as the United States Office of 
Management Authority have made inquiries regarding the certificates of 
origin that exporting range countries plan to issue for shipments of 
the specimens of this species (e.g., saw-logs, sawn wood, or veneer 
sheets). By February 9, 1996, responses had been received from Mexico, 
Guatemala, Belize, Honduras, Nicaragua, Venezuela, Bolivia, and Brazil. 
For information on the types of documents required for such importation 
into the United States, as well as requests for any documents needed 
for such re-export or export from the United States, contact the 
Service's Office of Management Authority (address and phone number 
above).
    Any Party at any time may enter a reservation on a species added to 
Appendix III. A Party that has entered a reservation is treated as a 
country that is not party to the Convention with respect to the trade 
in the species concerned (until such time as that Party withdraws its 
reservation). The limited effects of a reservation in alleviating 
importers and exporters from documentation requirements with the other 
CITES Parties were thoroughly discussed in a Federal Register notice on 
November 17, 1987 (52 FR 43924). In a subsequent Federal Register 
notice of March 28, 1988 (53 FR 9945; see also 53 FR 12497, April 14, 
1988), the Service made a procedural change in requesting comments 
about such reservations for species added to Appendix III. Because the 
effects of such a reservation are limited, and there is also no time 
limit for reserving on a species added to Appendix III, a proposed rule 
is not published at the time the list in Sec. 23.23 is amended. 
Regardless of any U.S. decision to enter a reservation, this particular 
amendment to Appendix III entered into force on November 16, 1995, 
under terms of the Convention. Publishing this rule informs the public 
of this international action while still affording those interested the 
opportunity and time to assess the merits of entering a reservation. 
Therefore, good cause exists to omit a proposed-rule and public-comment 
process, since it is unnecessary and contrary to the public interest [5 
U.S.C. 553(b)]. Because bigleaf mahogany in the Americas was added to 
Appendix III of the Convention effective on November 16, 1995, and 
because of the other reasons stated herein, the Service finds that good 
cause exists for making this rule effective upon its date of 
publication [5 U.S.C. 553(d)]. Accordingly, paragraph (f) of Sec. 23.23 
of 50 CFR is amended at the conclusion of this document.
    At the ninth meeting of the Conference of the Parties to the 
Convention, the United States was among 50 of 83 Parties that voted in 
favor of including this species in Appendix II, which fell short of the 
two-thirds majority needed for adoption (see the Federal Register 
notices of November 8, 1994 [59 FR 55617] and January 3, 1995 [60 FR 
73]). The Service has not recommended entering a reservation on this 
Appendix III listing. Consideration for doing so would be given if 
valid and compelling reasons are shown that implementation of this 
listing would be contrary to the interests or laws of the United 
States. The Service now solicits comments on whether to enter a 
reservation, and particularly seeks any new information that becomes 
available. The Service will consider all comments received, and if 
appropriate, will recommend that the United States submit a reservation 
to the depositary government (which is Switzerland).

Revision in CFR Based on Previous Changes to Appendices

    The first sentence of 50 CFR 23.23(d) stipulates that the readily 
recognizable parts and derivatives of the animals and plants included 
in the CITES appendices are subject to the regulations of this part, 
unless specified otherwise for particular species in certain appendices 
(see 60 FR 50477, September 29, 1995 and 60 FR 52450, October 6, 1995). 
The present rule provides the opportunity for a minor corrective change 
to that sentence to clarify that exclusions of parts or derivatives for 
certain plant species are presented with the particular entry on that 
species, whereas for other plant taxa the exclusions or exemptions are 
presented categorically in the text of 50 CFR 23.23(d).
    The opening language of Sec. 23.23(d) in those recent Federal 
Register notices mistakenly omitted reference to Appendices II and III 
listings of plant species that may contain exclusions of certain 
readily recognizable parts and derivatives that are not addressed by 
the categorical exclusions specified in 

[[Page 6795]]
paragraph (d). This ambiguity is corrected in this rule in order to 
explicitly eliminate possible perception of additional regulation of 
certain Appendix II or Appendix III plant products. Absent compelling 
biological reasons, the United States should not be regulating parts or 
derivatives of Appendix II or III species that have not been specified 
by the Parties as in need of trade control. This amendment thus 
relieves unnecessary potential import restriction and avoids potential 
inconsistent application of CITES requirements for Appendix II or III 
plant shipments. For the reasons set out above, the Service finds that 
good cause exists to omit the public notice-and-comment procedure of 5 
U.S.C. 553(b), since such public process would be unnecessary and 
contrary to the public interest by continuing a potential needless 
regulatory burden and by potentially leading to inconsistent 
administration of CITES for some Appendix II or III plant shipments. 
For these same reasons, the Service finds that good cause exists for 
making this change effective upon publication of this notice [5 U.S.C. 
553(d) (1) & (3)].

Other Procedural Requirements

    The Department has determined that changes to the Convention 
appendices, which result from actions of the Parties to the treaty, do 
not require preparation of Environmental Assessments as defined under 
authority of the National Environmental Policy Act (42 U.S.C. 4321-
4347). Since this Appendix III action has been taken by Costa Rica and 
communicated by the CITES Secretariat, the Department also has 
determined that the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
does not apply to this listing process. This rule was not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    This document was prepared by Drs. Bruce MacBryde and Charles W. 
Dane, Office of Scientific Authority, under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 87 
Stat. 884, as amended).

List of Subjects in 50 CFR Part 23

    Endangered and threatened species, Exports, Imports, and Treaties.

Regulation Promulgation

PART 23--ENDANGERED SPECIES CONVENTION

    Accordingly, for the reasons set out above in this document, Part 
23, Subpart C of Title 50 (Chapter I, Subchapter B) of the Code of 
Federal Regulations is amended as set forth below:
    1. The authority citation for Part 23 continues to read as follows:

    Authority: Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    2. Section 23.23 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec. 23.23  Species listed in Appendices I, II, and III.

* * * * *
    (d) Unless specified otherwise, all living or dead animals and 
plants in Appendix I, II or III, and all their readily recognizable 
parts and derivatives, are subject to the regulations of this Part. 
Excluded are specified parts or derivatives of particular Appendix III 
animal species and Appendix II and Appendix III plant species as 
indicated in the listings of those taxa in subsection (f) below; 
furthermore, the following specified parts or derivatives of certain 
plants are categorically excluded or exempted:
* * * * *
    3. Section 23.23(f) is amended by adding the following entry 
between the entries for Swietenia humilis and Swietenia mahagoni under 
the plant family Meliaceae:
* * * * *
    (f) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                             First listing date 
               Species                        Common name                 Appendix            (month/day/year)  
----------------------------------------------------------------------------------------------------------------
Plant kingdom--Family meliaceae:       Plants--Mahogany family.                                                 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
    Swietenia macrophylla populations  Bigleaf mahogany........  III (Costa Rica).........  11/16/95            
     in the Americas (including saw-                                                                            
     logs, sawn wood, and veneers,                                                                              
     but no other parts or                                                                                      
     derivatives, e.g., products).                                                                              
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------


    Dated: January 22, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-3366 Filed 2-21-96; 8:45 am]
BILLING CODE 4310-55-M