[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Notices]
[Pages 44332-44342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21975]
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DEPARTMENT OF THE INTERIOR
Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora; Tenth Regular
Meeting; Provisional Agenda; Proposed Resolutions and Agenda Items
Being Considered; Public Meeting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The United States, as a Party to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), may submit proposed resolutions and/or agenda items for
consideration at meetings of the Conference of the Parties to CITES.
The United States may also propose amendments to the CITES Appendices
for consideration at meetings of the Conference of the Parties. The
tenth regular meeting of the Conference of the Parties to CITES (COP10)
will be held in Harare, Zimbabwe, June 9-20, 1997.
With this notice the U.S. Fish and Wildlife Service (Service): (1)
Publishes the provisional agenda for COP10; (2) lists potential
proposed resolutions and/or agenda items that the United States is
considering submitting for discussion at COP10; (3) invites comments
and information from the public on these potential proposals; (4)
announces a public meeting to discuss species proposals and proposed
resolutions and agenda items that it is considering submitting for
discussion at COP10; and (5) provides information on how non-
governmental organizations based in the United States can attend COP10
as observers. A separate, concurrent Federal Register notice invites
comments and information from the public on possible candidate species
for U.S. proposals to amend the CITES Appendices at COP10.
DATES: The public meeting will be held on at October 3, 1996 at 2:00
PM. The Service will consider information and comments from the public
concerning
[[Page 44333]]
items of concern to COP10 received by October 11, 1996.
ADDRESSES: The public meeting will be held in room 200 of the U.S. Fish
and Wildlife Service building at 4401 N. Fairfax Drive, Arlington,
Virginia. Directions to the building can be obtained by contacting the
Office of Management Authority. Comments pertaining to the provisional
agenda or proposed resolutions or agenda items should be sent to the
U.S. Fish and Wildlife Service, Office of Management Authority, Room
430, 4401 N. Fairfax Drive, Arlington, VA 22203. Any comments
pertaining to species amendments should be sent to the Service's Office
of Scientific Authority, Room 750, at the same address. Comments and
materials received will be available for public inspection, by
appointment, from 8 a.m. to 4 p.m., Monday through Friday, at either
the Office of Management Authority or the Office of Scientific
Authority.
FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, U.S. Fish and
Wildlife Service, Office of Management Authority, telephone (703) 358-
2095, fax (703) 358-2280; E-mail ``Susan__L[email protected]''.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora, TIAS 8249, hereinafter referred to as CITES, is an
international treaty to regulate international trade in certain animal
and plant species that are threatened with extinction or could become
threatened with extinction if their trade is not regulated, and species
that must be subject to regulation in order that trade in other
currently or potentially threatened species may be brought under
effective control.
These species are listed in Appendices to CITES, copies of which
are available from the Office of Management Authority or the Office of
Scientific Authority at the addresses above. Currently, 132 countries,
including the United States, are CITES Parties. The CITES treaty calls
for biennial meetings of the Conference of the Parties (COP). Those
meetings review the treaty's 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 CITES. Any country that is a Party to
CITES may propose amendments to Appendices I and II, resolutions, and
agenda items for consideration by the other Parties. Only party
countries may submit proposals and resolutions for consideration by the
meeting of the Conference of the Parties. Accredited non-governmental
organizations may participate in the meeting, including speaking during
sessions, but may not vote.
This is the second in a series of Federal Register notices which,
together with announced public meetings, provide an opportunity for the
public to participate in the development of the United States'
negotiating positions for the tenth regular meeting of the Conference
of the Parties to CITES (COP10). The first Federal Register notice was
published on March 1, 1996 (61 FR 8019), and requested information from
the public on potential species amendments, resolutions, and agenda
items for the United States to consider submitting for discussion at
COP10. The Service's regulations governing this public process are
found in Title 50 of the Code of Federal Regulations Secs. 23.31-23.39.
Provisional Agenda for COP10
The CITES Secretariat recently provided the Service with an initial
provisional agenda for COP10, which will be held in Harare, Zimbabwe,
June 9-20, 1997. Zimbabwe was selected as the host of COP10 at COP9,
which was held in Fort Lauderdale, Florida, in November 1994. The CITES
Parties must submit any proposed additional agenda items to the
Secretariat before September 30, 1996. The Secretariat will submit the
provisional Rules of Procedure for COP10 to the CITES Standing
Committee for approval at its next meeting in Rome, Italy, December 2-
6, 1996. After the Standing Committee meeting, the Secretariat will
provide the Parties with the rules of procedure, a revised provisional
agenda, and a provisional working program. Listed below is the initial
provisional agenda for COP10. A brief discussion follows for those
agenda items that may not be self-evident to the public. Additional
information on agenda items or explanations are available from the
Office of Management Authority.
I. Opening ceremony by the Authorities of Zimbabwe
II. Welcoming addresses
III. Rules of Procedure
(a) Voting before credentials have been accepted.
(b) Adoption of the Rules of Procedure.
IV. Election of Chair and Vice-Chair of the meeting and of Chair of
Committees I and II and of the Budget Committee
V. Adoption of the Agenda and Working Programmes
VI. Establishment of the Credentials Committee
VII. Report of the Credentials Committee
The Credentials Committee is made up of Party government
representatives, and examines the credentials of each delegate from
their respective Foreign Ministry, in order to determine eligibility to
vote.
VIII. Admission of Observers
National non-governmental organizations can be admitted as
observers if they are approved by their national government (Parties
only). International non-governmental organizations are approved by the
CITES Secretariat. Criteria for admission of observers are spelled out
in Article XI, paragraph 7 of the Convention (see ``Observers'',
below). Approved observers are admitted as observers unless one-third
of the Parties present object.
IX. Matters Related to the Standing Committee
1. Report of the Chair.
2. Regional representation on the Standing Committee.
Currently, Mexico is the regional representative on the Standing
Committee for North America. In CITES, North America includes the
United States, Mexico, and Canada. Each CITES geographic region meets
during the COP to select which country will be its regional
representative. Based on a decision at COP9, regions with large numbers
of countries have more than one representative on the Standing
Committee. The CITES regions are: North America; South and Central
America and the Caribbean (2 representatives); Europe (2
representatives); Asia (2 representatives); Africa (3 representatives);
and Oceania. The Standing Committee also includes representatives of
the previous host country (currently the United States), the next host
country (currently Zimbabwe), and the Depositary Government
(Switzerland).
3. Election of new regional and alternate regional members.
X. Report of the Secretariat
XI. Financing and Budgeting of the Secretariat and of Meetings of the
Conference of the Parties
1. Financial report for 1994, 1995, and 1996.
[[Page 44334]]
2. Anticipated expenditures for 1997.
3. Budget for 1998-2000 and Medium-term Plan for 1998-2002.
4. External funding.
The Secretariat submits its financial report and budget to the
meeting of the Conference of the Parties for the COP's approval. The
COP may choose to modify the budget. The Secretariat's budget is from a
Trust Fund made up of voluntary contributions from governments, who
contribute based on a U.N. scale. External funding is for projects that
are approved by the Standing Committee, and is paid for through funds
from governments and non-governmental organizations; that funding is
outside of the core Trust Fund budget of the Secretariat.
XII. Committee Reports and Recommendations
1. Animals Committee
(a) Report of the Chairman.
(b) Election of new regional and alternate regional members.
The Chairman (currently Mr. Robert Jenkins of Australia) will
report on the activities of the Animals Committee since COP9. The first
meeting of the Animals Committee after COP9 was held in Antigua,
Guatemala in September, 1995; the second and final meeting before COP10
will be held in Pruhonice, Czech Republic September 23-27, 1996. Copies
of the agenda of both Animals Committee meetings, and of the minutes of
the 1995 meeting, are available from either the Office of Management
Authority or the Office of Scientific Authority. Each of the CITES
regions has either one or two representatives on the Animals Committee,
depending on the number of countries in the region. Based on Resolution
Conf. 6.1 (Annex 2), members of the Animals Committee are individuals
chosen by the party countries within each CITES region. Currently, Dr.
Charles Dauphine of Canada is the North American regional
representative on the Animals Committee.
2. Plants Committee
(a) Report of the Chairman.
(b) Election of new regional and alternate regional members.
The Chairman (currently Dr. James Armstrong of Australia) will
report on the activities of the Plants Committee since COP9. The first
meeting of the Plants Committee after COP9 was held in Tenerife, Spain
in June 1995; the second and final meeting before COP10 will be held in
San Jose, Costa Rica in November, 1996. Copies of the agenda of both
Plants Committee meetings are available from the Office of Scientific
Authority. Each of the CITES regions has either one or two
representatives on the Plants Committee, depending on the number of
countries in the region. Based on Resolution Conf. 6.1 (Annex 3),
members of the Plants Committee are individuals chosen by the party
countries within each CITES region. Currently, Dr. Bruce MacBryde of
the U.S. Fish and Wildlife Service's Office of Scientific Authority is
the North American regional representative on the Plants Committee.
3. Identification Manual Committee
4. Nomenclature Committee
(a) Report of the Chairman.
(b) Recommendations of the Committee.
The Nomenclature Committee is charged with reviewing nomenclature
and taxonomic issues pertaining to species that are listed in the CITES
Appendices. It is also responsible for preparation and adoption of
checklists for the various taxa included in the CITES Appendices. The
Chairman of the Nomenclature Committee is currently Dr. Steven Edwards,
an employee of the International Union for the Conservation of Nature
(IUCN, also called World Conservation Union). The Nomenclature
Committee does not have regional representatives, and meets on an ad
hoc basis.
XIII. Evolution of the Convention
Both of these items refer to efforts that have been undertaken by
the CITES Party governments to improve the effectiveness of the
implementation and administration of the Convention.
1. How to improve the effectiveness of the Convention
Based on a decision of the Parties at COP9 in 1994, a study on ways
to improve the effectiveness of the Convention has been undertaken.
That study is being managed and coordinated by the Standing Committee,
which has the responsibility to conduct a review of the effectiveness
of the provisions and implementation of the Convention, and to report
its findings to the next meeting of the COP. An international
contractor in the United Kingdom, Environmental Resources Management,
has been engaged for this study by the CITES Standing Committee, and
produced a questionnaire for governments to respond to. Public input
from written comments received by the Service was considered in
formulating the United States response to this questionnaire. This
study was discussed in detail in a notice published in the Federal
Register on June 14, 1996 (61 FR 30255). It is expected that the
contractor will submit its report to the Standing Committee prior to
the December 2-6 meeting of the committee; the report and any follow-up
recommendations will be discussed by the Standing Committee at that
time, which will determine what recommendations to make to the COP. The
United States looks forward to meaningful discussion in the report and
at the COP that will lead to improvements in the implementation and
enforcement of the Convention.
2. Relationship between CITES and UNEP
A Working Group was established by the Standing Committee at its
meeting in March, 1996, in response to several concerns that were
raised at that meeting regarding the United Nations Environment
Programme(UNEP). UNEP provides for the administration of the CITES
Secretariat, as spelled out in Article XII of the Convention; that
administrative role includes the CITES Trust Fund, the CITES budget,
and personnel selection issues. The first meeting of the Working Group
was held in Bern, Switzerland on June 27-28, 1996, at the invitation of
the Swiss CITES Management Authority. The countries that are members of
the Working Group were selected by the Standing Committee. Countries
attending the meeting were: Argentina (Chair); Japan; Senegal
(substituting as an alternate for Namibia, whose representative was
unable to attend); Switzerland; and the United States. The Working
Group agreed to discuss financial and personnel issues, based on the
Terms of Reference of the Working Group, which were decided upon by the
Standing Committee; the Terms of Reference are available from the
Office of Management Authority. Financial issues discussed included:
evaluation of the 13 per cent overhead charged by UNEP, externally
funded projects, management of the Trust Fund, and issues pertaining to
the budget of the Secretariat. Personnel issues discussed included UNEP
selection procedures, recent personnel actions pertaining to the posts
of Deputy Secretary General and Enforcement Officer, and related
issues. There was also discussion of the 1992 Memorandum of
Understanding (MOU) between the CITES Parties and UNEP. It was agreed
that while the 1992 MOU is still quite valid, the Working Group would
recommend to the Standing Committee that the MOU be amended/expanded
upon, with a new MOU, which should clearly spell out the various
functions and services provided by UNEP. The Working Group agreed to
submit its report to the Standing Committee by the middle of October.
The report will be available
[[Page 44335]]
from the Office of Management Authority after that time. The United
States is exceedingly interested in ensuring that the administration of
the Secretariat is efficient and well managed. The United States
supports the work of the Working Group and looks forward to developing
a new MOU that will clearly articulate the various roles and
responsibilities of UNEP in its administration of CITES.
XIV. Interpretation and Implementation of the Convention
It is expected that draft resolutions will be submitted by one or
more Parties dealing with many of these agenda items. Resolutions can
only be submitted by Parties (or the Secretariat) and must be submitted
to the Secretariat by January 10, 1997. With this notice, the United
States continues the process begun in the Service's notice of March 1,
1996, of receiving input from the public on possible draft resolutions
the United States may submit.
1. Review of the Resolutions of the Conference of the Parties
(a) Deletion of resolutions that are out of date.
(b) Consolidation of valid resolutions.
This is the continuation of a very useful process that was begun at
COP9, at the request of the Standing Committee. At COP9, the process
was begun to delete resolutions that are out of date, and to
consolidate resolutions that deal with the same topic. This agenda item
will complete the COP9 consolidation process. This does not involve
actual revisions of resolutions, but rather a consolidation to reduce
the number and complexity of resolutions. The Service expects to
receive copies of draft of those consolidations prepared by the
Secretariat just prior to the December meeting of the Standing
Committee. The Secretariat has also produced a compendium of all extant
resolutions from COP1-8. That compendium, the resolutions from COP9,
and information on how to retrieve them electronically, are available
from the Office of Management Authority.
2. Report on National Reports Under Article VIII, Paragraph 7, of the
Convention
Each Party is required by the Convention to submit an annual report
containing a summary of the permits it has granted, and the types and
numbers of specimens of species in the CITES Appendices that it has
imported, exported, and re-exported. This agenda item will include a
summary from the Secretariat of those countries that have submitted
their annual reports in a timely fashion, as well as those that have
not, or have not submitted them at all.
3. Review of Alleged Infractions and Other Problems of
Implementation of the Convention
The Secretariat prepares an Infractions Report for each meeting of
the Conference of the Parties, which details instances where (1)
species listed in the Appendices have been adversely affected by trade,
(2) the Convention is not being effectively implemented, or (3) actions
by Party countries undermine the effectiveness of the Convention. The
Infractions Report also includes summaries of major enforcement cases.
The COP9 Infractions Report highlighted those cases of the most serious
infractions, in order to focus the attention of the Parties; the COP10
Infractions Report is expected to do the same.
4. National Laws for Implementation of the Convention
(a) Analysis of the national legislation of Parties.
(b) Measures taken by Parties to improve their legislation.
(c) Measures to be taken with regard to Parties without proper
legislation.
(d) Technical assistance provided to Parties.
This is a continuation of an important project begun by the Parties
at COP8, reported on at COP9 by the Secretariat, and discussed in
detail at COP9. Resolution Conf. 8.4 (National Laws for Implementation
of the Convention) relates to analysis of national legislation of the
Parties for the implementation of the Convention, as required by
Article VIII of the treaty. A decision of COP9 directed the Secretariat
to engage in a number of activities regarding national legislation and
implementation of this resolution, and to report to COP10 on measures
taken by Parties whose national legislation is determined to not meet
the basic requirements of the Convention. Discussions under this agenda
item will include measures taken by the Parties, status of national
legislation and improvements since COP9, technical assistance provided
and future needs, and measures regarding Parties that have not taken
the required actions. During the comment period one organization
recommended that the Service urge the Parties and Standing Committee to
direct the Secretariat to implement these decisions. The Service
believes that this will take place and that a detailed report will be
presented to the COP by the Secretariat, but will certainly discuss the
issue at the next meeting of the Standing Committee.
5. Exports of Leopard Hunting Trophies and Skins
This refers to the exportation of leopard skins, including hunting
trophies, under a quota system approved by the Conference of the
Parties. The relevant resolutions from prior meetings of the COP are
available on request from the Management Authority. The Secretariat
will provide a report on the implementation of this quota system,
including a country-by-country assessment. Any country wishing a new or
revised quota from the COP will submit supporting documentation. Even
if there is a hunting trophy quota for a given country, the importing
country is still required under Article III of the Convention to make
the required findings, including the finding that the import will be
for purposes not detrimental to the survival of the species.
6. Trade in Specimens of Species Transferred to Appendix II Subject
to Annual Export Quotas
This refers to species listed in Appendix I, which have populations
that have been transferred to Appendix II pursuant to annual export
quotas, which are voted upon by the Conference of the Parties. The
Secretariat will provide a report on the implementation and compliance
with these quotas, including country-by-country reports.
7. Trade in Live Rhinoceros From South Africa
At COP9, the Parties adopted a proposal to transfer the population
of white rhinoceros in South Africa from Appendix I to II, with an
annotation that only trade in live animals and sport-hunted trophies
would be allowed. This agenda item will allow South Africa to report on
its implementation of this annotated listing. The United States expects
that trade in sport-hunted trophies of white rhinoceros from South
Africa will also be discussed under this agenda item, and the Service
intends to communicate that understanding to the Secretariat. For
further information on proposals for COP10 concerning live rhinoceros,
see this subject heading in the concurrent Federal Register notice on
proposals to amend Appendix I or II.
8. Trade in Tiger Specimens
This refers to the conservation of tigers (Panthera tigris) and
illegal trade in their parts and products, principally for the
medicinal market, and will also include a discussion of efforts that
have been taken by the Parties to control poaching of tigers, and to
more effectively enforce the Convention's prohibitions on trade in
tiger parts and
[[Page 44336]]
products. The problem was discussed at COP9, and a resolution (Conf.
9.13) was adopted at COP9, which presented several recommendations to
tiger range and consumer States, and directed the Standing Committee to
continue its efforts on this critical issue. The tiger issue has been
discussed at the last several Standing Committee meetings, will be
discussed at the December 2-6, 1996 Standing Committee meeting (SC31),
and is expected to be an issue of particular concern to the Parties and
a subject of discussion at COP10. One organization commented
recommending that the United States ensure that the Standing Committee
and COP fully review this issue; the Service believes that this will
take place. Range and consumer countries have been asked to submit
papers to the next meeting of the Standing Committee as well. Since
COP9, the Service has been actively involved in an educational outreach
program with consumer communities in the United States, and submitted a
paper on these efforts to the March 1996 meeting of the Standing
Committee. In addition, through appropriations under the Rhinoceros and
Tiger Conservation Act, the Service is considering support for several
projects that will benefit the conservation of tigers in the wild. The
Service is also working with the National Fish and Wildlife Foundation
in providing input into its grant making efforts through its Save the
Tiger Fund.
9. Biological and Trade Status of Sharks
At COP9, Resolution Conf. 9.17, concerning the conservation of
sharks, was adopted based on an agenda item submitted by the United
States. The resolution calls for the CITES Animals Committee to review
all information concerning the biological status of sharks and the
effects of international trade on them in order to submit a report to
the Parties at COP10. It also requests that the Food and Agriculture
Organization of the United Nations submit information on these topics
to the COP11. The United States, particularly the National Marine
Fisheries Service (NMFS), is working with other CITES Parties,
intergovernmental fishery management organizations and non-governmental
organizations to assist in implementation of the resolution. Draft
discussion papers on this topic will be discussed at the 13th Meeting
of the Animals Committee in Pruhonice, Czech Republic, in September
1996. It is likely that a draft resolution concerning follow-up of
Conf. 9.17 will be considered at that meeting.
10. Trade in Plant Specimens
This agenda item provides consideration for particular subjects in
the regulation of trade in plant specimens that emerge as needing
particular attention by the Parties.
(a) Implementation of the Convention for timber species.
This will include a discussion of the reports of the Timber Species
Working Group. COP9 called upon the Standing Committee to establish a
Timber Species Working Group to evaluate in detail issues pertaining to
the implementation of CITES for listed species of trees that are
subject to the international timber trade. The United States is a
member of the Working Group, and was represented at the first meeting
by the Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture, the U.S. Forest Service, and the Fish and
Wildlife Service. The report of the first meeting of the Working Group
is available from the Management Authority. The last meeting before
COP10 will be held in Panama City, Panama October 7-11, 1996.
(b) Other Issues.
The Plants Committee will meet in Costa Rica from November 11-15,
1996, and other issues that need particular attention may arise from
that meeting, which could be submitted for COP10 either by Parties or
in certain cases by the Secretariat on behalf of the Committee. The
Service would welcome comments regarding particular regulatory problems
or conservation concerns to bring to that November meeting.
11. Significant Trade in Appendix II Species
This refers to the trade in those Appendix II species identified as
subject to significant levels of trade, for which insufficient
biological information may exist to warrant trade at current levels.
(a) Animals.
The Parties adopted Resolution Conf. 8.9 at COP8 in Kyoto, Japan in
1992, which represented a landmark decision to take positive measures
to encourage the implementation of Article IV of the Convention. That
Article refers to the required findings that exports are not
detrimental to the survival of a species, and other scientific
findings, for Appendix II species. Implementation of this resolution
has been successful for a large number of countries and species,
although much more work needs to be done in terms of field assessments
and development of management plans for heavily traded species. The
Animals and Standing Committees have been very active in implementation
of this resolution. The Secretariat has worked closely with many
countries under the umbrella of this resolution; the United States has
implemented several decisions of the Standing Committee regarding these
issues as well.
(b) Plants.
The Plants Committee is making some progress in reviewing trade in
some trading categories or scientific categories of species within the
higher tax on listings of plants included in Appendix II. Summaries are
given in the reports of the recent meetings of the Committee. An
informal working group of the Committee was charged with preparing a
draft resolution for plants by adapting Resolution Conf. 8.9; this
draft should be available for discussion at the Committee's November
1996 meeting.
12. Non-Commercial Samples of Skins
At previous meetings of the COP, some countries have raised
concerns that when a business person wishes to take samples of skins or
products from one country to another, but does not intend to sell the
samples themselves, the process for obtaining a series of CITES permits
for the same samples is complex and burdensome. The United States
believes that this agenda item will include discussion of ways to
facilitate such movement of samples, without creating loopholes for
illegal trade. The United States supports the discussion of measures
that, while consistent with the terms of CITES, would ease documentary
requirements for exports and re-exports when no sale will take place in
any of the importing countries.
13. Universal Tagging System for the Identification of Crocodilian
Skins
This refers to work by the Animals Committee to institute a system
of universal marking for all crocodilian skins in trade, as a response
to serious problems of illegal trade in crocodilian skins, parts, and
products. The Parties adopted Resolution Conf.9.22 at COP9, which
clarified the requirements that all crocodilian skins in trade must be
tagged. The Secretariat, in consultation with the Animals Committee, is
responsible for monitoring the implementation of this resolution and
will be submitting a report to the Parties for their consideration at
COP10. We also expect discussion of some possible technical revisions
to the resolution, including a description of the parts tag.
14. Transport of Live Specimens
Issues pertaining to the transport of live specimens, particularly
live animals, have been discussed at every COP. Resolution Conf. 9.23
recommends that all live animals be shipped in
[[Page 44337]]
accordance with the International Air Transport Association (IATA) Live
Animals Regulations, for air transport, or the CITES Guidelines for
other transport. It is also recommended that all permits for live
animals be conditioned upon compliance with these requirements. At
COP9, these issues were transferred to the Animals Committee.
Currently, the Chair of the Animals Committee Working Group on this
issue is Dr. Susan Lieberman of the Service's Office of Management
Authority. This discussion will include a report on implementation of
relevant resolutions pertaining to transport of live animals,
particularly Conf. 9.23, as well as a report on discussions and
recommendations of the Animals Committee.
15. Captive Breeding
At COP9, the Parties directed the Secretariat, working with the
Animals Committee, to prepare a new resolution consolidating the
various extant resolutions dealing with determination whether a
specimen is bred-in-captivity, and dealing with captive breeding for
commercial purposes of Appendix I animals. The Animals Committee, at
its upcoming September meeting in the Czech Republic, will discuss
these issues. The Secretariat is expected to prepare a draft resolution
on these topics. The Service is actively involved in these discussions.
(a) Implementation of Article VII, paragraphs 4 and 5.
This issue will include discussion of when it is appropriate to
utilize the exemptions in either of these two paragraphs, for
individual animals of Appendix I species that are bred in captivity.
The key issues are how to determine whether specimens qualify as bred-
in-captivity, and how to facilitate their trade when appropriate, while
at the same time not increasing opportunities for illegal trade or the
fraudulent representation of wild-caught specimens as captive-bred.
(b) Proposals to register the first commercial captive-breeding
operation for an Appendix I animal species.
Under Conf. 8.15, Parties must submit proposals for inclusion of
operations breeding Appendix I species in captivity for commercial
purposes. The Secretariat maintains a register of those facilities.
Proposals are submitted to the Secretariat, which circulates them to
the Parties. When a Party objects to inclusion of a facility in the
Secretariat's register, and the objection cannot be resolved by the
interested Parties, the proposal is discussed and voted upon by the COP
(if the proponent country so wishes). This agenda item will include
discussion of those proposals.
16. Standard Nomenclature
This agenda item includes a discussion of nomenclature issues
related to listed taxa, and possible adoption of checklists that allow
for uniformity among the Parties.
17. Conservation of Edible-Nest Swiftlets of the Genus Collocalia
At COP9, in response to a proposal that was submitted by the
government of Italy for inclusion of the genus Collocalia in Appendix
II, Resolution Conf. 9.15 was adopted. The resolution called for a
workshop to evaluate the conservation status of these species, and
trade in their nests. The Secretariat notified the Parties in
Notification Number 927 (dated July 30, 1996) that this workshop will
take place November 4-7, 1996, in Indonesia.
18. Trade in African Elephant Ivory
(a) Revision of resolution Conf. 9.16.
(b) Revision of resolution Conf. 7.9.
(c) Stockpiles of ivory.
This agenda item will be greatly influenced by any proposals to
transfer populations of African elephants submitted by the deadline of
January 10, 1997. The Service also notes that there will be a meeting
of African elephant range states in Dakar, Senegal in November, 1996,
organized by IUCN at the request of the African representatives on the
Standing Committee, at which time the range states will discuss all of
these issues. The Service has agreed to provide partial funding for
that meeting. The Service is hopeful that consensus can be reached on a
number of these issues by the range states themselves.
Resolution Conf. 7.9 was adopted by COP7 after the transfer of all
African elephant populations to Appendix I. Conf. 7.9 establishes a
Panel of Experts to evaluate any proposals to transfer a population
back to Appendix II, and includes a number of criteria for the Panel to
evaluate. Based on discussions at COP9 and at subsequent meetings of
the Standing Committee, there will be discussion at COP10 to amend
Conf. 7.9 to expand the Terms of Reference of the Panel of Experts to
allow for discussion of trade in non-ivory products, trade with
specific identified importing countries, and other issues. The Service
believes that much of Conf.7.9 has been made redundant or unnecessary
by the adoption of new listing criteria (Conf.9.24) at COP9, although
the Service recognizes that the enforcement control issues in Conf.7.9
remain highly relevant.
19. Proposals Concerning Export Quotas for Specimens of Appendix I
Species
Under provisions of resolution Conf. 8.10 (Rev.) export quotas were
established for leopards (Panthera pardus) and any changes to these
quotas are to be approved by the Parties. Such changes may be submitted
for consideration at COP10. In addition, proposals to establish quotas
on other species may be submitted for consideration by the Parties
under provisions of Conf. 9.21. Furthermore, the Animals Committee may
submit a document or draft resolution to discuss the management
responsibilities of a Party permitting the sport hunting of Appendix I
species. During the comment period one organization recommended that
the Service seek a formal review of implementation of Resolution Conf.
9.21. Pending the outcome of discussions at the Animals Committee
meeting, the Service will consider this recommendation.
20. Implementation of the Convention in Small Island Developing States
This issue pertains to a decision at COP9 directing the Standing
Committee to reach out to small island developing countries,
particularly in Oceania, to facilitate their accession to CITES,
including missions to those countries. There was discussion at COP9 of
efforts to facilitate regional Management and Scientific Authorities. A
report was presented by the Secretariat at the March 1996 meeting of
the Standing Committee.
21. Criteria for Granting Export Permits in Accordance with Article V,
Paragraph 2
Article V, paragraph 2 contains the provisions for issuance of
export permits for species in Appendix III. Export permits are required
only from those countries that have included the species in Appendix
III; all other exports require the issuance of Certificates of Origin.
Resolution Conf. 9.25 addressed issues pertaining to inclusion of
species in Appendix III.
22. Problem of Hybrids
The Animals Committee discussed at its September 1995 meeting
issues pertaining to implementation of the Convention for hybrids;
these issues have been discussed at previous meetings of the COP for
plants. The Animals Committee will discuss these issues further at its
September 1996 meeting. Resolution Conf. 2.13 makes clear
recommendations to the Parties pertaining to how hybrids are to be
treated under the Convention. Some countries have concerns pertaining
to
[[Page 44338]]
hybrids between Appendix I species and unlisted species. The discussion
at COP10 will be guided by recommendations arising out of the upcoming
Animals Committee meeting. There are several significant enforcement
concerns regarding trade in live animals that are claimed to be
hybrids.
23. Marking of CITES Specimens
The Animals Committee will discuss issues pertaining to marking of
CITES specimens, which later will be discussed at COP10, including:
marking of products from registered facilities that breed Appendix I
animals for commercial purposes; marking of products from ranching
operations; and marking of live animals in trade, including the use of
transponders.
24. Exports of Vicuna Cloth
At COP9, certain populations of the vicuna (Vicugna vicugna) in
Chile and Peru were transferred from Appendix I to II, with an
annotation allowing export only of cloth products, wool sheared from
live animals, and the Peruvian stockpile of 3249 kg extant in November,
1994. Although the Service has received and is now reviewing a petition
to reclassify the species to threatened status under the Endangered
Species Act, the vicuna is currently listed as endangered, which means
its products cannot be imported into the United States. This agenda
item will probably discuss the trade in the Peruvian stockpile, as well
as other issues pertaining to implementation of the COP9 downlisting of
these vicuna populations.
25. Frequent Cross-Border Movements of Privately Owned Animals
This issue pertains to non-commercial imports/exports of live
animals that comprise travelling exhibitions or personal pets. The
United States is aware that the governments of Switzerland, Germany,
and Australia are engaged in dialogue on this issue, in order to
develop a practical solution to some implementation problems that have
arisen. The discussion will be limited to cases where live animals are
exported (or re-exported) temporarily, for non-commercial purposes, by
their owner, with the intent of returning to the country from which
they were exported (or re-exported).
XV. Consideration of Proposals for Amendment of Appendices I and II
Proposals for amendment of Appendices I and II can only be
submitted by Parties, and must be submitted to the Secretariat by
January 10, 1997. A separate, concurrent Federal Register notice
invites comments and information from the public on possible candidate
species for U.S. proposals to amend CITES Appendices I and II at COP10.
1. Proposals Submitted Pursuant to Resolution on Ranching
The Parties will consider proposals to transfer species from
Appendix I to Appendix II under the provisions of Conf. 3.15, 5.16,
6.22 and Conf. 8.22. Any such proposals should have been submitted to
the Secretariat 330 days prior to the meeting of the COP.
2. Proposals Resulting from Reviews by the Animals and Plants
Committees
Resolution Conf. 3.20 established a process (known as the 10-year
review) for the periodic review of species included in Appendices I and
II. Conf. 6.1 reassigned this responsibility for the periodic review of
species included in the appendices to the Animals Committee. Proposals
for the transfer of species between, or removal from, the appendices
may be considered under this agenda item.
3. Proposals Concerning Export Quotas for Specimens of Appendix I
Species
Resolution Conf. 9.24, the new listing criteria resolution,
contains provisions for transferring species from Appendix I to II with
export quotas approved by the Parties. Proposals, if submitted under
the provisions of these resolutions, will be considered at COP10.
4. Other Proposals
Any Party may submit proposals for the addition or deletion of
species to/from an appendix or transfer between appendices. These
proposals will be considered by the Parties at COP10. The United States
has identified those proposals on species that it is considering
submitting for consideration of the Parties in a separate Federal
Register notice. These proposals must be submitted to the CITES
Secretariat 150 days prior to the meeting of the COP, and any proposals
submitted by other countries will be identified in a Federal Register
notice after the submission date. All such proposals will be considered
at the COP unless withdrawn by the submitting Party or Parties.
XVI. Conclusion of the meeting
1. Determination of the Time and Venue of the Next Regular Meeting of
the Conference of the Parties
If more than one country offers to host the next meeting of the
Conference of the Parties (COP11), to take place probably in late 1999
or early 2000, a vote will be taken. If a vote is necessary, the
country that receives the most votes (through a secret ballot) will be
the host of COP11.
2. Closing Remarks
Proposed Resolutions and/or Agenda Items that the Service Might
Submit for Consideration at COP10
In its Federal Register notice published on March 1, 1996 (61 FR
8019), the Service requested suggestions from the public on resolutions
and/or agenda items for the United States to consider submitting for
discussion at COP10. Suggested resolutions and/or agenda items were
received from the following organizations or individuals: Animal
Welfare Institute, Center for International Environmental Law,
Defenders of Wildlife, Environmental Investigation Agency, Georgia
Department of Natural Resources, Humane Society of the United States,
International Wildlife Coalition, New York Turtle and Tortoise Society,
World Wildlife Fund, and Delia and Mark Owens.
The Service considered all of those suggestions in compiling the
following list of possible resolutions and/or agenda items that the
Service might submit for consideration of the Parties at COP10
(comments referred to below were in response to this March 1, 1996
Federal Register notice). The Service welcomes comments and information
regarding these resolutions that it may submit, as well as on those
resolutions it is not currently planning to submit.
1. Trade in Appendix I Specimens
On April 24, 1996, the CITES Secretariat raised concerns
(Notification 913) regarding the inconsistent treatment of Appendix I
specimens. Article III of the treaty contains the provisions for
issuance of export and import permits for Appendix I specimens, while
Article VII (paragraphs 4 and 5) provides exceptions for specimens
bred-in-captivity for commercial and non-commercial purposes,
respectively. The CITES Secretariat is drafting a comprehensive
resolution which will address both the issues raised in paragraphs 12
and 13 of this notice (general bred-in-captivity determinations and
breeding of Appendix-I species in captivity for commercial purposes)
and implementation of Article III for captive-born specimens that do
not qualify as captive-bred under Conf. 2.12 (Rev.). The Service has
provided a draft resolution to the Secretariat, which clarifies this
issue, but will defer a
[[Page 44339]]
decision on whether to propose a separate resolution based on
continuing dialogue with the Secretariat and other Parties and comments
received from the public.
2. Personal Effects
Resolutions Conf. 4.12 (Rev.) (Control of Tourist Souvenir
Specimens) and Conf. 6.8 (Implementation of the Convention with Regard
to Personal and Household Effects) make recommendations to the Parties
on how to implement the exemption in Article VII of the treaty for
certain personal effects. Travellers experience some problems because
the United States recognizes the personal effects exemption under
Article VII, paragraph 3 of the treaty, while other countries either do
not recognize it or implement it differently. This also causes problems
for implementation of CITES at ports of entry. The personal effects
exemption only applies if the country of export does not require a
permit, and port inspectors of importing countries do not have a quick
way of determining which countries require permits for personal items.
The Service is considering submitting a draft resolution, and is
considering practical, yet enforceable, provisions to be included in
such a resolution. The government of Australia has been working on such
a document and the United States may co-sponsor it, thus precluding the
need to submit a separate resolution.
3. Circuses
Resolution Conf. 8.16 (Travelling Live-Animal Exhibitions) makes
recommendations to the Parties on the implementation of Article VII,
paragraph 7, of the treaty. There are a few technical issues in that
resolution, such as the requirement of a separate certificate for each
specimen, that the Service would like to review. The Service also
recognizes that circuses would like to include captive-born, late
maturing species (e.g., Asian elephants) that do not yet qualify as
captive-bred under Conf. 2.12 (Rev.) under these provisions. The
Service is considering drafting a discussion paper or resolution for
consideration at COP10 on these issues, depending on the outcome of
discussions with other countries and comments received.
4. Standardization of Permits
Resolution Conf. 9.3 recommends that all Parties use standard
formatting and information when issuing CITES documents. The Service
has found that some CITES Parties are interpreting some sections of the
resolution differently which creates problems in implementing the
Convention. The Service proposes to reorganize the document and clarify
specific provisions, such as redefining the source code ``F''.
Clarification is also needed on the standard information required to be
on a Certificate of Origin for Appendix III specimens. The Service is
discussing these recommendations with the Secretariat, and it is
possible that the Secretariat will include them in their
recommendations to the Parties, thus possibly precluding the need for a
separate U.S. draft resolution. In addition, during the comment period
one organization recommended that the Service clarify the relationship
of CITES' permitting provisions with those of other conventions
relating to marine species, as regards paragraphs 4 and 5 of Article
XIV. The Service submitted a document and draft resolution on this
issue to COP9 (Doc.9.40), but many Parties did not see the necessity
for a separate resolution on the issue. The Service is not considering
a separate draft resolution at this time, but may incorporate a
discussion of general certificate requirements into this potential
revision of Conf. 9.3.
5. Trade in Live Animals and Plants That Have a High Probability of
Becoming Naturalized/Feral Pests
The intentional or accidental introduction of non-indigenous
species into terrestrial, aquatic and marine environments may pose
significant threats to native species and their ecosystems. They may
out-compete indigenous species or may introduce and transmit parasites
and disease. Many species that are included in CITES Appendices II and
III are either pests in their country of origin, or have a high
potential of becoming naturalized pests in countries of import. The
Convention on Biological Diversity has begun to examine the
introduction of exotic species, particularly in the marine environment.
A scientific conference on this topic was just held in Norway, attended
by representatives of the Service and other agencies. The Service
recognizes that there are many cases where commercial export of live
specimens may not be detrimental to the populations of the species in
its country of origin, but if introduced unintentionally into the wild
in the country of import serious ecological harm could ensue. The
Service recognizes that the consideration of ecological impacts in
importing countries is not a CITES requirement in the strict sense.
However, some of the IUCN Specialist Groups have recently focussed on
this critical conservation issue, and during the comment period five
organizations recommended that the Service submit a draft resolution to
COP10 on this issue. The Service is considering submitting a discussion
paper on this subject at COP10.
6. Pre-Convention
Article VII, paragraph 2 of the Convention provides an exemption
from Articles III, IV and V for specimens that were acquired before the
provisions of the Convention applied. The Service has become aware,
through discussions with many countries and with the Secretariat, that
confusion exists as to the implementation of Resolution Conf. 5.11
(Definition of the Term ``Pre-Convention Specimen''). Currently, in
order to determine the date of reference for a pre-Convention specimen,
a Party must factor in the date it acceded to the Convention. The
result is that the same specimen will be considered pre-Convention by
one country, but subject to the provisions of the Convention under
Articles III, IV, or V by another. This confusion and potential
inconsistencies create opportunities for the laundering of specimens.
This has led to further confusion as the number of Parties has
increased, and the number of possible accession dates has proliferated.
The Service is considering submitting a draft resolution whereby the
pre-Convention date would be the date the species was first included in
the CITES Appendices, regardless of the date of accession of the Party
concerned.
7. Significant Mortality/Transport of Live Animals
This issue was also discussed under Agenda item 14, above. Dr.
Susan Lieberman of the Service's Office of Management Authority is
currently Chair of the Animals Committee Working Group on the Transport
of Live Animals. At its upcoming meeting, the Animals Committee will be
discussing the implementation of the treaty's requirements for humane
transport of live animals, along with Resolution Conf. 9.23 (Transport
of Live Specimens). Based on decisions of the Working Group and
recommendations to the Animals Committee at the last meeting of the
Committee, the Chair of the Animals Committee requested the submission
of a resolution dealing with these issues. That draft resolution will
be discussed at the September meeting of the Animals Committee; it
deals with means to assist the Parties in implementing the treaty's
requirements for the transport of live animals, by working towards a
reduction in mortality and morbidity during transport and preparation
for shipment. The draft resolution deals with a process whereby the
Animals
[[Page 44340]]
Committee, in cooperation with the Parties, the Secretariat, and
experts, would review trade and transport in species that are traded in
large volumes as live animals, and make recommendations to the Parties
for remedial measures, when necessary. This would be similar to the
process implemented through Resolution Conf. 8.9. The Service's
submission for COP10 on this issue is pending further discussions by
the Animals Committee. During the comment period five organizations
recommended that the Service submit a draft resolution to COP10 on this
issue, and submitted draft text as well.
8. Trade With Parties That Have Not Identified a Scientific Authority
Articles III and IV of the CITES treaty require specific advice to
be issued by the Scientific Authority before certain permits can be
issued by the Management Authority. Properly made findings are
essential to ensuring that the trade in specimens of listed species are
not detrimental to the survival of the species. In order for other
Parties to have assurance that these findings are being made and to
consult with Parties on specific findings, it is essential that the
Scientific Authorities have been designated and are known to all
Parties. If this treaty obligation is not fulfilled by a Party, there
is no way to assure other Parties that CITES permits issued by that
Party are valid. Therefore, the United States is considering submitting
a resolution that would recommend against allowing any wildlife trade
with any Party that has not notified the Secretariat of the name and
address of its Scientific Authority(s).
9. Coral Reporting and Identification
CITES Notification to the Parties No.788 dated March 10, 1994 lays
out the guidelines for reporting of information in the annual report.
The Service is considering submitting a resolution to expand the
required description and quantity for coral to include live coral
reported in units or pieces. In addition, the Service is experiencing
difficulties in identification to species of readily recognizable coral
gravel and live rock. Both commodities are protected by CITES, but
identification to species is almost impossible, even by trained
scientists. The Service is considering recommending that coral gravel
and live rock be allowed to be classified at the Order level for permit
issuance due to identification and enforcement problems.
10. Regulation of CITES Shipments Traveling on a Customs Carnet
CITES shipments for exhibition or show that are not intended for
permanent destination into a country often travel on a customs carnet
to alleviate customs duties. Customs laws treat import and subsequent
re-export of these types of shipments differently from other CITES
shipments. Shipments often enter a country on a customs carnet without
the knowledge of the Management Authority, and are subsequently re-
exported without the required CITES documentation. These shipments
encounter problems when they are re-exported back to their originating
country without any CITES re-export documents. The Service would like
to propose a resolution that encourages Management Authorities to work
more closely with CITES enforcement officers and customs officers to
ensure that shipments traveling on a customs carnet meet all the
applicable CITES requirements.
11. Crocodile Tagging
Resolution Conf. 9.22 established a universal system for the
identification of crocodilian skins. The Secretariat, in consultation
with the Animals Committee, is responsible for monitoring the
implementation of this resolution. The United States, after
consultation with the Animals Committee and the Secretariat, is
considering submitting a resolution to clarify some points in the
resolution, including a description of the parts tag. One organization
(a State Natural Resources Department) recommended a similar tagging
system for snake skins. The Service is not considering proposing such a
resolution at this time, but welcomes comments as to the feasibility of
and necessity for such a requirement.
12. Bred in Captivity
CITES Resolution Conf. 2.12 (Rev.) provides criteria for certifying
specimens as bred in captivity for the exemptions provided for in
Article VII, paragraphs 4 and 5. Whereas the CITES Secretariat has been
directed to develop a new resolution that would replace Conf. 2.12
(Rev.) by consolidating it with Conf. 8.15 and Conf. 8.22 (also dealing
with animals bred in captivity), the Service is considering submission
of a revised resolution that would retain the basic elements of Conf.
2.12 (Rev.) but add clarifying definitions and examples. However, the
Service will defer a decision on whether to propose such a resolution
until further discussion of this topic by the Animals Committee at its
September meeting.
13. Breeding Appendix-I Species in Captivity for Commercial Purposes
Operations breeding Appendix-I species in captivity for commercial
purposes must be registered with the CITES Secretariat according to the
procedures established in Resolution Conf. 8.15. Once an operation is
registered for a given Appendix-I species, specimens of that species
produced at that operation (including parts and derivatives thereof)
may be deemed to be specimens of an Appendix-II species and are subject
to the permitting requirements of Article IV. While the CITES
Secretariat has been directed to prepare a new resolution consolidating
extant resolutions dealing with animal specimens bred in captivity,
including Appendix-I species bred for commercial purposes, the Service
is considering proposing a revised version of Conf. 8.15 in which
inconsistencies in the present resolution would be corrected and a few
information requirements deleted. Before proceeding with such a
proposed resolution, the Service will wait until after discussion of
this topic by the Animals Committee at its September meeting to
determine if such a resolution may be needed.
14. Illegal Trade in Whale Meat
In support of the prohibition by the International Whaling
Commission (IWC) of commercial whaling for various whale species, all
species of the great whales are listed in Appendix I of CITES. Since
1980, a number of illegal shipments of whale meat have been stopped or
seized by several government authorities. A resolution was adopted by
the Parties at COP9, which calls for further cooperation between CITES
and the IWC in order to stop illegal international trade in whale
products. Analogous resolutions were adopted by the IWC in 1995 and
1996. The United States may submit a resolution at COP10 urging
continued cooperation between CITES and the IWC with regard to halting
the illegal trade in whale products. During the comment period one
organization recommended that the Service raise this issue at both the
next meeting of the Standing Committee and the COP. It is on the agenda
of both the COP and the Standing Committee, was the focus of a recent
Notification to the Parties, and certainly will receive significant
attention.
Resolutions That the Service May Not Submit for Consideration at
COP10
There were a number of recommendations submitted to the Service as
suggested resolutions or agenda items for consideration at COP10
[[Page 44341]]
that the Service is either not considering submitting at this time, or
the Service will address in ways other than through a draft resolution.
Some of these are excellent suggestions, which are precluded by higher
priorities. The Service notes that the agenda for COP10 is already
extremely full, and that many issues will be addressed in either the
Animals or Plants Committees, or may be addressed in other ways at
COP10. The Service welcomes information on these issues, including an
assessment of whether they should be given a higher priority by the
Service than other issues. There are some issues that the Service may
consider submitting documents on, depending on the outcome of
discussions in the Animals, Plants, and Standing Committees.
1. Appendix I tourist items at airports: The Service received
comments from six organizations recommending a resolution dealing with
the sale of Appendix I products in airports and duty-free zones. The
suggested resolution would deal with this important enforcement
problem, whereby many international airports continue to sell tourist
souvenirs of Appendix I specimens, in spite of the fact that they
cannot be legally exported or imported by the traveller. The Service
agrees that Parties should be more vigilant, and such sales are a
conservation concern. However, the Service believes at this time this
issue can be addressed directly by the Secretariat through its ongoing
educational efforts.
2. Bear parts trade: The Service received comments from six
organizations recommending submission of a draft resolution regarding
illegal trade in parts and products of Appendix I bear species. The
Service agrees that this is a very high priority issue. At the request
of the United States, this issue is on the agenda of both the Animals
Committee and the Standing Committee. The Service may submit a
discussion paper to the Animals Committee, and based on the outcome of
discussions in both Committees will assess whether or not a discussion
paper should be submitted to COP10. More appropriately, the Secretariat
may be asked by either Committee to prepare a discussion paper for
COP10.
3. Enforcement: Five organizations submitted comments recommending
that the United States submit a resolution on enforcement. The Service
agrees with all of the recommendations to the Parties suggested by
these organizations, but believes that they are adequately covered by
other resolutions, including Resolution Conf. 9.8, as well as by
efforts of the Secretariat. One organization raised valid concerns
about the unfortunate delay in selection of the Secretariat Enforcement
Officer. The Service has expressed these concerns through the Standing
Committee, as well as in other fora. One organization submitted a draft
resolution recommending coordination between Customs and other
enforcement agencies, development of national legislation, training,
and other measures designed to enforce the Convention. The Service
agrees that enforcement by Parties and international cooperation in
enforcement are the highest priorities necessary to increase the
effectiveness of the Convention, but does not believe that a new
resolution is necessary at this time. The Service welcomes comments and
information on this issue, and may develop such a resolution for
submission to COP10.
4. Criteria for Sustainability: Two organizations recommended that
the United States develop criteria for assessing the sustainability of
international commercial trade in wild fauna and flora. The Service
considers this to be an excellent idea, but current time availability
and personnel and other resources available to the Service preclude the
implementation of such a project. The Service does note that it
recently published a final rule which established criteria for
evaluation of sustainable use management plans for wild birds subject
to international trade, which has direct bearing on this issue. The
Service agrees that such practical criteria could assist Parties in
making their required non-detriment findings under Article IV, and
would be very useful for the Parties, and welcomes any comments or
suggestions on this concept.
5. Relationship between CITES, the General Agreement on Tariffs and
Trade (GATT), and the World Trade Organization (WTO): One organization
submitted comments recommending that the United States submit a
resolution establishing the primacy of CITES over the GATT and WTO
rules. The Service believes that this is already the case, and
therefore a draft resolution is unnecessary. The Service welcomes
comments on this issue however.
Announcement of Public Meeting
In order to discuss with the public species proposals and proposed
resolutions and/or agenda items that it is considering submitting for
discussion at COP10, the Service announces that it will hold a public
meeting on October 3, 1996, from 2:00 to 4:00 P.M. in room 200 of the
U.S. Fish and Wildlife Service building in Arlington, Virginia, at 4401
N. Fairfax Drive. Persons wishing directions to the public meeting or
additional information should contact the Office of Management
Authority in writing (see ADDRESSES, above) or at (703) 358-2095.
Request for Information and Comments
The Service invites comments and information from the public on the
COP10 possible agenda items discussed above, and COP10 potential
proposed resolutions and/or agenda items discussed above. Information
and comments should be submitted to the Service no later than October
11, 1996 to be ensured of consideration.
Observers
Article XI, paragraph 7 of the Convention states:
Any body or agency technically qualified in protection,
conservation or management of wild fauna and flora, in the following
categories, which has informed the Secretariat of its desire to be
represented at meetings of the Conference by observers, shall be
admitted unless at least one-third of the Parties present object:
(a) International agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
(b) National non-governmental agencies or bodies which have been
approved for these purposes by the State in which they are located.
Once admitted, these observers shall have the right to participate
but not to vote.
Persons wishing to be observers representing U.S. national non-
governmental organizations must receive prior approval of the Service.
International organizations (which must have offices in more than one
country) may request approval directly from the Secretariat. After
granting of that approval, a national non-governmental organization is
eligible to register with the CITES Secretariat and must register with
the Secretariat prior to the COP in order to participate in the COP as
an observer. Individuals that are not affiliated with an organization
may not register as observers. Requests for such approval should
include evidence of technical qualification in protection, conservation
or management of wild fauna and/or flora, on the part of both the
organization and the individual representative(s). Organizations
previously approved by the Service must submit a request but do not
need to provide as detailed information concerning their qualifications
as those seeking approval for the first time. Organizations seeking
approval for the first time should detail their experience
[[Page 44342]]
in the protection, conservation, or management of wild fauna and/or
flora, as well as their purposes for wishing to participate in the COP
as an observer. Such requests should be sent to the Office of
Management Authority (OMA; see ADDRESSES, above) or submitted to OMA
electronically via E-mail to: Mark__A[email protected]. Upon approval
by OMA, an organization will receive instructions for registration with
the CITES Secretariat in Switzerland, including relevant travel and
hotel information. Any organization requesting approval for observer
status at COP10 will be added to the Service's CITES Mailing List if it
is not already included, and will receive copies of all future Federal
Register notices and other information pertaining to COP10. A list of
organizations approved for observer status at COP10 will be available
from OMA just prior to the start of COP10.
Future Actions
COP10 is scheduled for June 9-20, 1997, in Harare, Zimbabwe. Any
proposals to amend Appendix I or II at COP10 and any proposed
resolutions for discussion at COP10 must be submitted by the United
States to the CITES Secretariat at least 150 days prior to the meeting
(January 10, 1997). Therefore, as part of the consultation process with
countries within which the proposed species occur, the Service plans to
send any such proposals for species not endemic to the United States to
those countries for comment by mid-October 1996 and to the Secretariat
by January 10, 1997.
The Service plans to publish a Federal Register notice in February
1997 to announce the Service's decisions on species proposals and
proposed resolutions that are submitted by the United States to the
CITES Secretariat. Through a series of additional notices in advance of
COP10, the Service will inform the public about preliminary and final
negotiating positions on resolutions and amendments to the Appendices
proposed by other Parties for consideration at COP10. The Service will
also publish an announcement of a public meeting to be held in April
1997 to receive public input on its proposed negotiating positions for
COP10.
Author: This notice was prepared by Dr. Susan Lieberman, Office
of Management Authority, under the authority of the U.S. 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, Exports, Imports, Treaties.
Dated: August 22, 1996.
Jay L. Gerst,
Acting Director.
[FR Doc. 96-21975 Filed 8-27-96; 8:45 am]
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