[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Proposed Rules]
[Pages 31054-31061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14806]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23


Proposals by Other Countries 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 U.S. 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 tenth 
regular meeting of the Conference of the Parties (COP10) to be held in 
Harare, Zimbabwe, June 9-20, 1997. This notice announces a deadline for 
public recommendations regarding potential reservations that could be 
taken by the United States on any listing decisions by the Parties at 
COP10. It also announces a potential amendment to the proposal 
submitted by the United States, and discussed in previous Federal 
Register notices, to include map turtles in Appendix II, and a revision 
to the proposal of the United States (also in the previous Federal 
Register notices) to include goldenseal in Appendix II.

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 June 11 to 17, 1997. Final votes in plenary 
sessions are likely on June 18 and 19, 1997, 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 COP10 (i.e., on September 18, 
1997). Public comments regarding potential reservations to be taken by 
the United States on listings adopted by the Parties at COP10 need to 
be received by the Service's Office of Scientific Authority by August 
15, 1997.

ADDRESSES: Please send correspondence concerning this notice to Chief, 
Office of Scientific Authority; 4401 North Fairfax Drive, Room 750; 
Arlington, Virginia 22203. Fax number: 703-358-2276. 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. The proposals submitted by the United 
States or cosponsored with other Parties for consideration at COP10 
were addressed in the April 16, 1997, Federal Register (62 FR 18559). 
After preliminary review of other Parties' proposals received for 
consideration at COP10, the Service announced the proposals and invited 
comments on tentative negotiating positions in the April 17, 1997, 
Federal Register (62 FR 18731).
    This notice announces the negotiating positions to be taken by the 
United States delegation on the proposals submitted by the Parties 
other than the United States for consideration at the forthcoming 
meeting of the Parties. It also announces a potential amendment to a 
proposal submitted by the United States and discussed in previous 
Federal Register notices of August 26, 1996 (61 FR 44324) and April 16, 
1997 (62 FR 18559), to include all species of map turtles (genus 
Graptemys) in Appendix II, and an amendment to the proposal by the 
United States (also in the previous Federal Register notices) to 
include goldenseal (Hydrastis canadensis) in Appendix II. The decisions 
announced in this notice represent formal guidance to the delegation. 
Although it is neither

[[Page 31055]]

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). Decisions 
on negotiating positions on resolutions and agenda items to be 
considered at COP10 are presented in a separate Federal Register 
notice.

Proposals on Map Turtles and Goldenseal by the United States

    On January 10, 1997, the United States submitted a proposal to the 
CITES Secretariat, for consideration at COP10, to include all species 
of map turtles (genus Graptemys) in Appendix II. This proposal, like 
all proposals submitted by the United States, was developed through a 
public process and first suggested formally in an August 26, 1996, 
Federal Register notice (61 FR 44324). As a result of input received, 
the final proposal was modified such that three of the twelve species 
would be included in Appendix II only because of similarity of 
appearance to the other nine species. The Service's argument in 
reaching that position was that, even though those three species 
(Graptemys geographica, G. pseudogeographica, and G. ouachitensis) were 
common and widely distributed, their listing was necessary in order 
that trade in the other more vulnerable species could be effectively 
controlled. In subsequent discussions, the International Association of 
Fish and Wildlife Agencies (IAFWA) asked the Service to remove those 
three species from the proposal, if the range States of the other nine 
species agreed to take certain actions that would result in the same 
level of protection being achieved that was intended by the Service's 
proposed listing. In response, the Service developed a list of State 
actions it deemed necessary to fulfill the intended purpose and agreed 
to remove the three species from the proposal, if the States would 
agree to engage in dialogue about implementing the needed actions. If 
the range States respond positively to the Service's position, the 
Service will amend its proposal accordingly at COP10. Subsequently, if 
the envisioned protection is not afforded the nine more vulnerable 
species, the Service will reconsider proposing the remaining three 
species for inclusion in either Appendix II or Appendix III.
    The proposal to include Hydrastis canadensis (goldenseal) in 
Appendix II, which was submitted to the CITES Secretariat by the United 
States on January 10, 1997, for consideration by the other Parties at 
COP10 (see 62 Federal Register 18559, April 16, 1997), is being revised 
to exclude the finished pharmaceutical products (i.e., the end-product 
medicinals), so the annotation would read: ``Roots, rhizomes or 
rootstocks, and specimens recognizable as being parts thereof, as well 
as powder thereof in bulk''. The listing would also have the standard 
exclusions such as seeds, as specified in 50 CFR Part 23.23(d).
    The possibility of an amendment to not regulate all parts and 
derivatives of this species was presented in the proposal (Section 7.1) 
and the April 16, 1997 Federal Register (62 FR 18571). The Service 
believes that this lesser regulation, which would include raw powder 
still in the manufacturing process but not the finished products for 
the consumer such as capsules, is sufficient to begin a cooperative 
endeavor for the conservation of goldenseal. Should it be found with 
experience that this is insufficient regulation, a new CITES proposal 
to include other parts or derivatives could be presented to the Parties 
to consider, and would be announced in some future Federal Register 
with a similar process for comments from the public.

Comments Received

    A public meeting held on April 25, 1997, provided opportunities for 
comments from organizations and the general public on the tentative 
positions published in the April 17, 1997, Federal Register (62 FR 
18731). These meetings were attended by 33 non-Federal-government 
individuals, representing 24 non-government organizations, one embassy, 
one foreign government agency, and three private businesses. Some of 
these attendees did not comment, and some followed up their verbal 
comments with written statements. Nineteen additional organizations, 
one business, and five unaffiliated individuals provided substantive 
written comments during the comment period on species proposals.
    Most of the animal proposals received comment from at least one 
organization. The proposals receiving the greatest attention were those 
on elephants, whales, brown bear, white rhinoceros, vicuna, hawksbill 
sea turtle, and map turtles (the amendment being considered for the 
U.S. proposal). Written comments on plant species were received from 
three organizations and one specialist in certain aspects of plants. 
Cumulatively, all plant proposals were addressed by commenters, with 
the most comments concerning one or more of the proposals on cacti.
    The Service has prepared a summary of public comments entitled 
``Assessment of Comments on Species Listing Proposals.'' 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 technical merit. The ``Assessment of 
Comments on Species Listing Proposals'' is available from the Office of 
Scientific Authority upon request.

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 (62 FR 18731), some positions have been 
changed. Nine changes relate to animal listing proposals. Six of these 
(related to brown bear, vicuna, and Nile crocodile) involve negotiating 
positions previously ``under review'' and three (on vicuna annotations 
and South American curassows) involve reversals of position. Two 
changes involve plant listing proposals. One (on cut flowers of various 
families) involves a reversal of position; and one (on several taxa or 
groups of commonly propagated plants) involves a position formerly 
``under review.'' The latter involves a detailed review and analysis 
prepared by the Service that will be provided to interested Parties at 
COP10. All changes in position since the previous notice were made on 
the basis of new information, including information provided through 
the public comment process.
    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 adopted at COP9 
for listing species in the Appendices (Resolution Conf. 9.24), (c) 
Confs. 3.15 and 8.22 on ranching, and (d) Conf. 9.18 on regulation of 
trade in plants. 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

[[Page 31056]]

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 COP10, 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 COP10, the U.S. 
delegation will disclose all position changes and the rationale for 
them.

----------------------------------------------------------------------------------------------------------------
            Species                    Proposed amendment            Proponent             U.S. position        
----------------------------------------------------------------------------------------------------------------
            Mammals                                                                                             
                                                                                                                
Order Diprotodontia:                                                                                            
    Burramys parvus (Mountain   Deletion from Appendix II......  Australia.......  Support.\1\                  
     pygmy possum).                                                                                             
    Dendrolagus bennettianus    Deletion from Appendix II......  Australia.......  Support.\1\                  
     (Bennett's tree kangaroo).                                                                                 
    Dendrolagus lumholtzi       Deletion from Appendix II......  Australia.......  Support.\1\                  
     (Lumholtz's tree                                                                                           
     kangaroo).                                                                                                 
Order Xenarthra:                                                                                                
    Chaetophractus nationi      Inclusion in Appendix I........  Bolivia.........  Support.\1\                  
     (Hairy armadillo).                                                                                         
Order Cetacea:                                                                                                  
    Eschrichtius robustus       Transfer of the Eastern Pacific  Japan...........  Oppose.\2\                   
     (Gray whale).               stock from Appendix I to II.                                                   
    Balaenoptera acutorostrata  Transfer of the Okhotsk Sea      Japan...........  Oppose.\2\                   
     (Minke whale).              West Pacific and the Southern                                                  
                                 Hemisphere stocks from                                                         
                                 Appendix I to II.                                                              
    Balaenoptera acutorostrata  Transfer of the Northeast        Norway..........  Oppose.\2\                   
     (Minke whale).              Atlantic and the North                                                         
                                 Atlantic Central stocks from                                                   
                                 Appendix I to II.                                                              
    Balaenoptera edeni          Transfer of the North Pacific    Japan...........  Oppose.\2\                   
     (Bryde's whale).            Western stock from Appendix I                                                  
                                 to II.                                                                         
Order Carnivora:                                                                                                
    Ursus arctos (Brown bear).  Transfer of all Asian and        Bulgaria and      Oppose.\3\                   
                                 European populations from        Jordan.                                       
                                 Appendix II to I.                                                              
    Ursus arctos (Brown bear).  Transfer of all Asian and        Finland.........  Oppose.\3\                   
                                 European populations from                                                      
                                 Appendix II to I.                                                              
    Panthera onca (Jaguar)....  Establishment of annual export   Venezuela.......  Oppose.\4\                   
                                 quotas for hunting trophies of                                                 
                                 zero in 1997, 1998, and 1999                                                   
                                 and of 50 thereafter.                                                          
Order Proboscidea:                                                                                              
    Loxodonta africana          Transfer of the Botswanan        Botswana,         Under review.6,7,8           
     (African elephant).         population from Appendix I to    Namibia, and                                  
                                 II, with certain annotations 5.  Zimbabwe.                                     
    Loxodonta africana          Transfer of the Namibian         Botswana,         Under review.6,8,10          
     (African elephant).         population from Appendix I to    Namibia, and                                  
                                 II, with certain annotations     Zimbabwe.                                     
                                 \9\.                                                                           
    Loxodonta africana          Transfer of the Nimbabwean       Botswana,         Under review.6,8,12          
     (African elephant).         population from Appendix I to    Namibia, and                                  
                                 II, with certain annotations     Zimbabwe.                                     
                                 \11\.                                                                          
Order Perissodactyla:                                                                                           
    Ceratotherium simum simum   Amendment to annotation 503 in   South Africa....  Oppose.\13\                  
     (Southern white             the CITES Appendices) to allow                                                 
     rhinoceros).                trade in parts and derivatives                                                 
                                 but with a zero export quota.                                                  
Order Artiodactyla:                                                                                             
    Pecari tajacu (Collared     Deletion from Appendix II        Mexico..........  Oppose.\14\                  
     peccary).                   (Mexican population).                                                          
    Vicugna vicugna (Vicuna)..  Annotated transfer of certain    Argentina.......  Oppose.16,17,18              
                                 populations to Appendix II                                                     
                                 \15\.                                                                          
    Vicugna vicugna (Vicuna)..  Annotated transfer of certain    Bolivia.........  Under review. 18,20          
                                 populations to Appendix II                                                     
                                 \19\.                                                                          
    Vicugna vicugna (Vicuna)..  Amendment to annotation 504 in   Peru............  Support.\21\                 
                                 the CITES Appendices to                                                        
                                 replace the words ``VICUNANDES-                                                
                                 CHILE'' and ``VICUNANDES-                                                      
                                 PERU'' with the words ``VICUNA-                                                
                                 COUNTRY OF ORIGIN''.                                                           
    Vicugna vicugna (Vicuna)..  Amendment to annotation 504 (in  Peru............  Oppose.\18\                  
                                 the CITES Appendices list) to                                                  
                                 allow also the countries that                                                  
                                 are members of the Vicuna                                                      
                                 Convention to utilize the term                                                 
                                 VICUNA-PAIS DE                                                                 
                                 ORIGENARTESANIA, along with                                                    
                                 the authorized trademark, on                                                   
                                 luxury handicrafts and knitted                                                 
                                 articles made of wool sheared                                                  
                                 from live vicunas from                                                         
                                 Appendix II populations.                                                       
    Elaphurus davidianus (Pere  Inclusion in Appendix II.......  Argentina and     Support.\1\                  
     David's deer).                                               China.                                        
    Bison bison athabascae      Transfer from Appendix I to II   Canada..........  Under review.\22\            
     (Wood bison).               in accordance with                                                             
                                 precautionary measure B.2.b of                                                 
                                 Resolution Conf. 9.24, Annex 4.                                                
    Bos javanicus (Banteng)...  Inclusion in Appendix I........  Thailand........  Support.1,23                 
    Bubalus arnee (Water        Include In Appendix I..........  Thailand........  Support.\1\                  
     buffalo).                                                                                                  

[[Page 31057]]

                                                                                                                
    Ovis ammon nigrimontana     Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     (Kara Tau argali).                                                                                         
                                                                                                                
             Birds                                                                                              
                                                                                                                
Order Galliformes:                                                                                              
    Pauxi pauxi (Northern       Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     helmeted curassow).                                                                                        
    Pauxi unicornis (Horned     Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     curassow).                                                                                                 
Order Gruiformes:                                                                                               
    Turnix melanogaster (Black- Deletion from Appendix II......  Australia.......  Oppose.\24\                  
     breasted buttonquail).                                                                                     
    Pedionomus torquatus        Deletion from Appendix II......  Australia.......  Support.\1\                  
     (Plains wanderer).                                                                                         
    Gallirallus australis       Deletion from Appendix II......  New Zealand.....  Support.\1\                  
     hectori (Eastern weka                                                                                      
     rail).                                                                                                     
Order Psittaciformes:                                                                                           
    Amazona agilis (Black-      Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     billed parrot).                                                                                            
    Amazona viridigenalis (Red- Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     crowned parrot.                                                                                            
    Cacatua sulphurea (Lesser   Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     sulphur-crested cockatoo).                                                                                 
    Eunymphicus cornutus        Transfer from Appendix II to I.  Germany.........  Oppose.\25\                  
     uvaeensis (Ouvea horned                                                                                    
     parakeet).                                                                                                 
    Vini kuhlii (Kuhl's         Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     lorikeet).                                                                                                 
    Vini peruviana (Tahitian    Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     lorikeet).                                                                                                 
    Vini ultramarina            Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     (Ultramarine lorikeet).                                                                                    
Order Coraciiformes:                                                                                            
    Aceros waldeni (Writhed-    Transfer from Appendix II to I.  Germany.........  Support.\1\                  
     billed hornbill.                                                                                           
Order Passeriformes:                                                                                            
    Leiothrix argentauris       Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     (Silver-eared mesia).                                                                                      
    Leiothrix lutea (Red-       Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     billed leiothrix).                                                                                         
    Liocichla omeiensis (Omei   Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     Shan liocichla).                                                                                           
    Tangara fastuosa (Seven-    Inclusion in Appendix II.......  Germany and the   Support.\1\                  
     colored tanager).                                            Netherlands.                                  
    Amandava formosa (Green     Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     avadavat).                                                                                                 
    Padda oryzivora (Java       Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     sparrow.                                                                                                   
    Gracula religiosa (Hill     Include in Appendix II.........  Netherlands and   Support.\1\                  
     mynah).                                                      the Philippines.                              
                                                                                                                
           Reptiles                                                                                             
                                                                                                                
Order Testudinata:                                                                                              
    Callagur borneoensis        Inclusion in Appendix II.......  Germany.........  Support.\1\                  
     (Painted terrapin).                                                                                        
    Eretmochelys imbricata      Transfer of the Cuban            Cuba............  Oppose.\14\                  
     (Hawksbill sea turtle).     population from Appendix I to                                                  
                                 II with certain annotations                                                    
                                 \26\.                                                                          
Order Crocodylia:                                                                                               
    Caiman latirostris (Broad-  Transfer of the Argentine        Argentina.......  Under review.\27\            
     snouted caiman).            population from Appendix I to                                                  
                                 II, pursuant to resolution on                                                  
                                 ranching.                                                                      
    Crocodylus niloticus (Nile  Maintenance of the Malagasy      Madagascar......  Oppose.\28\                  
     crocodile).                 population in Appendix II,                                                     
                                 pursuant to resolution on                                                      
                                 ranching.                                                                      
    Crocodylus niloticus (Nile  Establishment of an annual       Tanzania........  Oppose.\29\                  
     crocodile).                 export quota of 1,000 skins                                                    
                                 and 100 hunting trophies from                                                  
                                 wild animals for the years                                                     
                                 1998-2000.                                                                     
    Crocodylus niloticus (Nile  Maintenance of the Ugandan       Uganda..........  Support.\30\                 
     crocodile).                 population in Appendix II,                                                     
                                 pursuant to resolution on                                                      
                                 ranching.                                                                      
Order Sauria:                                                                                                   
    Varanus bengalensis         Transfer of the population of    Bangladesh......  Oppose.\14\                  
     (Indian monitor).           Bangladesh from Appendix I to                                                  
                                 II subject to annual export                                                    
                                 quotas of 150,000 skins in                                                     
                                 1997 and 225,000 in 1998 and                                                   
                                 1999.                                                                          
    Varanus flavescens (Yellow  Transfer of the population of    Bangladesh......  Oppose.\14\                  
     monitor).                   Bangladesh from Appendix I to                                                  
                                 II subject to annual export                                                    
                                 quotas of 100,000 skins in                                                     
                                 1997, 1998, and 1999.                                                          
                                                                                                                
          Amphibians                                                                                            
                                                                                                                
Order Anura:                                                                                                    
    Mantella bernhardi (Golden  Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     mantella).                                                                                                 

[[Page 31058]]

                                                                                                                
    Mantella cowani (Golden     Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     mantella).                                                                                                 
    Mantella haraldmeieri       Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     (Golden mantella).                                                                                         
    Mantella viridis (Golden    Inclusion in Appendix II.......  Netherlands.....  Support.\1\                  
     mantella).                                                                                                 
                                                                                                                
           Mollusks                                                                                             
                                                                                                                
Class Gastropoda:                                                                                               
    Paryphanta spp. (New        Deletion from Appendix II......  Switzerland.....  Support.\1\                  
     Zealand amber snails).                                                                                     
                                                                                                                
    Other Animal Proposals                                                                                      
                                                                                                                
Any Appendix II species         Amendment to the relevant        Switzerland.....  Support.\31\                 
 annotated to limit the trade    annotations of Appendix II                                                     
 to certain types of specimens.  species annotated to limit the                                                 
                                 trade to certain types of                                                      
                                 specimens, to include the                                                      
                                 following wording: ``All other                                                 
                                 specimens shall be deemed to                                                   
                                 be specimens of species                                                        
                                 included in Appendix I and the                                                 
                                 trade in them shall be                                                         
                                 regulated accordingly''.                                                       
                                                                                                                
        Plants--General                                                                                         
                                                                                                                
Araliaceae: Panax               Amend the Appendix II listing    Switzerland.....  Support.32,33                
 quinquefolius (American         of this species (cf. current                                                   
 ginseng).                       annotation #3), to include                                                     
                                 only the following parts:                                                      
                                 ``Roots and specimens                                                          
                                 recognizable as being parts of                                                 
                                 roots''.                                                                       
Cactaceae spp. (Cacti):         Amend the Appendix II listing    Mexico..........  Support.\1\,6,34             
 Mexican cacti.                  for this family (cf. current                                                   
                                 annotation #4), to include                                                     
                                 seeds of cacti from Mexico,                                                    
                                 except those seeds obtained                                                    
                                 from artificial propagation in                                                 
                                 Production Units.                                                              
Leguminosae (Fabaceae):         Amend the Appendix II listing    Switzerland.....  Support.\35\                 
 Pericopsis elata                of these two species (cf.                                                      
 (Afrormosia), and Meliaceae:    current annotation #5), to                                                     
 Swietenia mahagoni (Caribbean   include only the following                                                     
 mahogany).                      parts: ``Logs, sawn wood, and                                                  
                                 veneer sheets''.                                                               
Proteaceae: Orothamnus zehyeri  Transfer from Appendix I to      South Africa....  Support.\1\                  
 (Marsh-rose).                   Appendix II, in accordance                                                     
                                 with precautionary measure                                                     
                                 B.2.b) of Resol. Conf. 9.24,                                                   
                                 Annex 4.                                                                       
Protea odorata (Ground-rose or  Transfer from Appendix I to      South Africa....  Oppose.\14\,24,36            
 Swartland sugarbush).           Appendix II, in accordance                                                     
                                 with precautionary measure                                                     
                                 B.2.b) of Resol. Conf. 9.24,                                                   
                                 Annex 4.                                                                       
Scrophulariaceae: Picrorhiza    Include in Appendix II, along    India...........  Support.\1\, 33              
 kurrooa (Kutki).                with only the following parts                                                  
                                 \37\: Roots [i.e., rhizomes/                                                   
                                 rootstocks] and readily                                                        
                                 recognizable parts thereof.                                                    
Theaceae: Camellia chrysantha,  Delete from Appendix II........  China...........  Support.\1\                  
 which is Camellia petelotii                                                                                    
 in part (Golden-flowered                                                                                       
 camellia).                                                                                                     
Valerianaceae: Nardostachys     Include in Appendix II, along    India...........  Support.\1\, 33              
 grandiflora (= Nardostachys     with only the following parts                                                  
 jatamansi misapplied)           \37\: Roots [i.e., rhizomes/                                                   
 (Himalayan nard or spikenard).  rootstocks] and readily                                                        
                                 recognizable parts thereof.                                                    
                                                                                                                
Plants--Artificial Propagation                                                                                  
                                                                                                                
Families other than             Amend the listings of most       Switzerland.....  Support.\38\                 
 Orchidaceae (Orchids).          plant families now in Appendix                                                 
                                 II (current annotations #1,                                                    
                                 #2, #4, and #8), to also                                                       
                                 exclude the following part:                                                    
                                 Cut flowers of artificially                                                    
                                 propagated plants.                                                             
Cactaceae spp. (Cacti): (1)     Amend the Appendix II listing    Denmark.........  Oppose.\41\                  
 Hybrid Easter cactus; (2)       for this family (cf. current                                                   
 Christmas cactus, Crab          annotation #4), to exclude                                                     
 cactus; (3) Red cap cactus,     artificially propagated                                                        
 Oriental moon cactus; and (4)   specimens of the following                                                     
 Bunny ears cactus.              hybrids and/or cultivars: (1)                                                  
                                 Hatiora graeseri (= H.                                                         
                                 gaertneri H. rosea); (2)                                                       
                                 Schlumbergera (= Zygocactus)                                                   
                                 hybrids and cultivars [sic]                                                    
                                 \39\ (S. truncata cultivars,                                                   
                                 and its hybrids with S.                                                        
                                 opuntioides [= S. exotica], S.                                                 
                                 orssichiana, and S.                                                            
                                 russelliana [= S. buckleyi]);                                                  
                                 (3) Gymnocalycium mihanovichii                                                 
                                 cultivars (those lacking                                                       
                                 chlorophyll, grafted \40\);                                                    
                                 and (4) Opuntia microdasys.                                                    
Euphorbiaceae: Succulent        Amend the Appendix II listing    Denmark.........  Oppose.\41\                  
 Euphorbia spp. (Succulent       of succulent Euphorbia spp.,                                                   
 euphorbs): Three-ribbed milk    with an annotation to exclude                                                  
 tree.                           artificially propagated                                                        
                                 specimens of Euphorbia trigona                                                 
                                 cultivars\42\.                                                                 
Primulaceae: Cyclamen spp.      Amend the Appendix II listing    Denmark.........  Oppose.\41\                  
 (Cyclamens): Florist's          of Cyclamen spp., with an                                                      
 cyclamen.                       annotation to exclude                                                          
                                 artificially propagated                                                        
                                 specimens of the hybrids and                                                   
                                 cultivars of Cyclamen                                                          
                                 persicum, except when traded                                                   
                                 as dormant tubers.                                                             
----------------------------------------------------------------------------------------------------------------
\1\ The listing, uplisting, downlisting, or delisting of this taxon (or parts in the case of some plants)       
  appears to be consistent with the relevant biological, trade, and precautionary criteria of Resolution Conf.  
  9.24.                                                                                                         

[[Page 31059]]

                                                                                                                
\2\ The United States continues to support the 1978 request from the International Whaling Commission (IWC) to  
  take all possible measures to support the IWC ban on commercial whaling for certain species and stocks of     
  whales and therefore opposes the transfer of this species from Appendix I to Appendix II.                     
\3\ The proposal from Bulgaria and Jordan defers to the details presented in the proposal from Finland. Although
  it is clear that some of the European or Asian populations of this species not presently included in Appendix 
  I meet the criteria for Appendix I, the United States is not convinced by the proposal that the brown bear    
  population of Russia qualifies. The Russian population is subject to a managed sport harvest that appears to  
  be in itself sustainable, but this population in particular is also prone to illegal take for medicinal       
  products. Unless Russia supports the proposal and there is no compelling objection from other range states,   
  the United States opposes the proposal as written. However, the United States would support an amended        
  proposal that addresses specific range state populations (i.e., all members of the species within specified   
  national boundaries) meeting the biological criteria for Appendix I, if the proposal is supported by the      
  relevant range state(s).                                                                                      
\4\ The proposal acknowledges that the jaguar population proposed for phased-in trophy-hunting may be the most  
  threatened population in the country. The United States opposes this proposal without (a) a more convincing   
  case that trophy hunting will not add to existing pressure on the jaguar population and (b) a management plan 
  involving comprehensive population monitoring in the affected area.                                           
\5\ Annotated to allow: (a) the direct export of registered stocks of whole raw tusks of Botswana origin to one 
  trading partner (Japan) subject to annual quotas of 12.68 t. in 1998 and 1999; (b) international trade in     
  hunting trophies; and (c) international trade in live animals to appropriate and acceptable destinations.     
\6\ The proposal presents biological information that supports the proposed action.                             
\7\ The Panel of Experts report on this proposal noted deficiencies in the record-keeping system for the ivory  
  stockpile and showed there is no clear plan for use of ivory revenues to benefit elephant conservation. It    
  also noted the existence of some movement of ivory through the country. The United States has concerns about  
  these reported deficiencies and about the adequacy of trade controls in the importing country.                
\8\ The United States is consulting other African elephant range states to determine whether adoption of this   
  proposal by the Parties would cause conservation concerns in other portions of the species' range.            
\9\ Annotated to allow: (a) the direct export of registered stocks of whole raw tusks of Namibian origin owned  
  by the government of Namibia to one trading partner (Japan) that will not reexport, subject to annual quotas  
  that will not exceed 6900 kg. between September 1997 and August 1998 and between September 1998 and August    
  1999; (b) international trade in live animals to appropriate and acceptable destinations for non-commercial   
  purposes; and (c) international trade in hunting trophies for non-commercial purposes.                        
\10\ Although noting there is probably some movement of ivory through the country, the Panel of Experts reported
  satisfactory to excellent internal management controls in Namibia and an excellent legal structure for        
  establishing a conservation fund with ivory stock sale revenues. The Panel concluded that the proposal would  
  likely benefit elephant conservation in Namibia. The United States has concerns about the adequacy of trade   
  controls in the importing country.                                                                            
\11\ Annotated to allow: (a) the direct export of registered stocks of whole raw tusks to one trading partner   
  (Japan) subject to annual quotas of 10 t. in 1998 and 1999; (b) international trade in hunting trophies; (c)  
  international trade in live animals to appropriate and acceptable destinations; (d) international trade in non-
  commercial shipments of leather articles and ivory carvings; and (e) export of hides.                         
\12\ The Panel of Experts noted deficiencies in trade enforcement controls in Zimbabwe, including failure to    
  prevent illegal exports of large commercial shipments of worked ivory, and showed there is no clear plan for  
  use of ivory revenues to benefit elephant conservation. It also noted the existence of significant movement of
  ivory through the country. The United States has concerns about these reported deficiencies and about the     
  adequacy of trade controls in the importing country.                                                          
\13\ While acknowledging the excellent record of the government of South Africa in restoring populations of this
  species, the United States is concerned about potential detrimental effects of re-opening a legal             
  international trade in rhinoceros horn. The United States has invested considerable effort into encouraging   
  use of alternatives to rhinoceros horn derivatives in traditional Asian medicines.                            
\14\ The proposal does not present sufficient biological information to justify the listing, uplisting,         
  downlisting, or delisting as proposed, based on the criteria in Resolution Conf. 9.24.                        
\15\ Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of 
  Jujuy, Salta, Catamarca, La Rioja, and San Juan, Argentina, from Appendix I to II, with an annotation to allow
  only the international trade in wool sheared from live vicunas, and in cloth and manufactured items made      
  thereof, under the mark, ``VICUNA-ARGENTINA.''                                                                
\16\ Although the population may no longer meet the biological criteria for Appendix I, the proposal does not   
  yet satisfy the precautionary measures of Annex 4 of Resolution Conf. 9.24. The proposal does not clearly     
  describe a population monitoring program, does not demonstrate either local incentives for conservation or the
  existence of effective controls on production and export of products, and does not present sufficient detail  
  to indicate transparency in the vicuna conservation fund.                                                     
\17\ The United States is opposed to international trade in raw wool during the early phases of a vicuna        
  downlisting, before a management plan has been implemented and shown to be effective, unless convincing       
  safeguards are demonstrated by the proponent.                                                                 
\18\ The United States is concerned about the risks of large quantities of luxury handicrafts and knitted       
  articles derived from vicuna wool leaving the countries of origin without CITES controls, because of the CITES
  personal effects exemption.                                                                                   
\19\ Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas,   
  Bolivia, from Appendix I to II, with an annotation to allow only the international trade in cloth and         
  manufactured items made thereof, under the mark, ``VICUNA-BOLIVIA.''                                          
\20\ The proposal presents excellent population data and a well conceived approach to development of management 
  plans and follow-through monitoring of the effectiveness of vicuna management in different socio-economic     
  regimes. The United States considers this proposal to be under review until the report on exports of vicuna   
  cloth at COP10 is presented and evaluated. Despite the quality of the proposal, the United States does not    
  believe that trade in vicuna products from Bolivia is warranted until the proposed management plan is         
  operational and the Parties have an opportunity to consider other than a zero quota for vicuna products, and  
  provided that export will be limited initially to easily controlled products.                                 
\21\ The United States sees no difficulties with such a change in the labeling of approved products.            
\22\ Because of the remote isolation of the wild population, and because of the risk of disease spreading to    
  captive populations if wild animals are introduced, it is highly unlikely that trade in wood bison presently  
  in captivity would be detrimental to the survival of the species in the wild. Nonetheless, the species appears
  to meet the biological criteria for retention in Appendix I. The proposal remains under review, while the     
  United States consults with Canada to obtain clarification on the species' status.                            
\23\ The United States supports the exclusion from the proposal of introduced populations remote from the       
  natural range, e.g., the introduced population of Australia.                                                  
\24\ Although trade is not recorded, the population is so small that retention in the Appendices would seem     
  advisable as a precautionary measure in the event illegal trade should ever occur.                            
\25\ Because the subspecies are extremely similar and occur in the same jurisdiction, the proposed split-listing
  would be practically unenforceable and would be inconsistent with Annex 3 of Resolution Conf. 9.24.           
\26\ Annotated to allow: (a) trade in current registered stocks of shell with one trading partner (Japan) that  
  will not re-export; and (b) export in one shipment per year, to the same partner, of shell marked in          
  compliance with Resolution Conf. 5.16, which allows definitive identification of origin, from a traditional   
  harvest (maximum 500 individuals per year) or from an experimental ranching program (anticipated: 50          
  individuals in the first year; 100 in the second year; and 300 in the third year).                            
\27\ The United States is not convinced that the necessary trade controls (including a tagging scheme in        
  accordance with Resolution Conf. 9.22) are in place to ensure that the ranching program will be beneficial to 
  the species and its continuing to seek clarification from Argentina.                                          
\28\ The United States opposes the proposal on the basis that it does not provide a clear picture of the        
  regulatory and control measures that need to be in place in order to monitor ranching operations and control  
  trade. A modified proposal under quota provisions that would allow for export of 200 or fewer problem animals,
  and a quota of 3,000-5,000 ranched animals as previously allowed, would be acceptable.                        
\29\ The United States opposes export of more than 200 nuisance animals and more than 100 sport trophies,       
  because the reporting requirement related to the previous approval by the Parties of export of 1,000 wild-    
  caught nuisance animals and 100 trophies does not present sufficient information to justify the level of      
  harvest and subsequent export of wild animals outside protected areas. The IUCN Crocodile Specialist Group    
  does not believe that the current wild harvest is sustainable and questions the accuracy of crocodile export  
  reports.                                                                                                      

[[Page 31060]]

                                                                                                                
\30\ The United States supports the proposal, conditional upon Uganda agreeing to (a) monitor the effect of     
  release of juveniles in the wild and to adjust egg collection limits if necessary; (b) clarify the manner in  
  which the ranching program provides conservation benefits to the species; and (c) accepting a CITES           
  Secretariat review (in consultation with the IUCN Crocodile Specialist Group) of the progress of the ranching 
  program prior to the next meeting of the Conference.                                                          
\31\ The United States believes the recommended language would help clarify annotated downlistings, such as that
  of the South African population of the white rhinoceros, and reduce the possibility of misinterpreting or     
  abusing the downlisting process. However, annotation of the Appendices is a complex and confusing subject that
  deserves a thorough review from legal and technical perspectives. Accordingly, the United States has prepared 
  a draft resolution on annotated downlistings, presently under internal review, and looks forward to detailed  
  discussion at COP10.                                                                                          
\32\ The current listing includes ``Roots and readily recognizable parts thereof''. The proposed revision is    
  considered to be a minor change, which would clarify and keep the intent of the 1985 proposal (at COP5) to    
  include the whole roots and the larger parts thereof, and to exclude minor pieces and processed products. Some
  importing Parties have found that the current annotation can be interpreted too broadly.                      
\33\ The United States will recommend standardization of the inclusion of the parts for Panax quinquefolius     
  (American ginseng), Picrorhiza kurrooa (Kutki), and Nardostachys grandiflora (Himalayan nard), with the       
  annotation ``Roots, rhizomes or rootstocks, and specimens recognizable as being parts thereof''. This would   
  keep the intent of the proposal of Switzerland for Panax quinquefolius, and the intent of the proposals of    
  India for the other two species, while accommodating those two species' different morphology of having        
  rhizomes or rootstocks.                                                                                       
\34\ This proposal is considered necessary to assist enforcement of Mexican law that regulates the export of    
  seeds collected in the wild from cacti in Mexico. The Government of Mexico, at the November 1996 meeting of   
  the CITES Plants Committee, presented information on recent violations of Mexican law and over-collection of  
  cactus seeds of various taxa for export to various Party countries. The United States is discussing with      
  Mexico how they intend to administer the differentiation of seeds collected in the wild from seeds produced by
  artificial propagation in their Production Units (i.e., nurseries). We understand that this proposal only     
  covers the populations of cacti in Mexico; it does not cover populations of Mexican cacti native beyond       
  Mexico, or specimens of Mexican cacti artificially propagated elsewhere than in Mexico.                       
\35\ These two current listings include ``Saw-logs, sawn wood, and veneers''. The proposed revision is          
  considered to be a minor change, which would correspond to the categories and definitions of HS codes 44.03   
  (logs), 44.06 and 44.07 (sawn wood), and 44.08 (veneer sheets) in the Harmonized System of the World Customs  
  Organization. The change was recommended by the CITES Timber Working Group.                                   
\36\ There are so few individuals and populations of this species known in the wild, and so few artificially    
  propagated individuals available in cultivation, that continued inclusion of the species in Appendix I is     
  considered to be an appropriate precaution.                                                                   
\37\ The proposal for this species discusses its rhizomes or rootstocks rather than botanical roots.            
\38\ The proposal seeks to establish a new standard exclusion for Appendix II taxa. Presently, there is no known
  cut-flower trade in the pertinent listed Appendix II taxa (i.e., the taxa other than orchids), either from the
  wild or from flowers produced by artificial propagation (nor are there any complications in any trading of    
  their hybrids with Appendix I taxa). The conservation of species in the wild is therefore considered to be    
  unaffected by this proposed new standing listing for Appendix II (and probably Appendix III), to which        
  exceptions (i.e., inclusion of the cut flowers) can be made whenever warranted in future proposals for        
  particular taxa. Although the proposal did not address the taxa of Nepal in Appendix III, which also have     
  their listings standardized with the current annotation #1, we expect the Secretariat to encourage Nepal to   
  accept this new exclusion for those listings as well.                                                         
\39\ This proposal is considered to not include all taxa (or hybrids and cultivars) of Schlumbergera, but just  
  those listed in detail in the proposal and in this Federal Register notice. If this proposal goes forward, the
  United States will seek clarification or an amendment to that more limited effect.                            
\40\ The proposal stated that the artificially propagated grafting stocks are mostly specimens of Hylocereus    
  species and Harrisia ``Jusbertii'', but these taxa (and any other cactus taxa that might be used as grafting  
  stock) were not directly presented for similar exclusion. The United States will consider supporting this     
  portion of the proposal, if an amendment to specify the taxa of the grafting stocks, for example only Harrisia
  ``Jusbertii'', Hylocereus trigonus Hylocereus undatus can be adopted.                                         
\41\ Although the stipulated taxa are artificially propagated extensively, the risk either to other taxa in the 
  wild or to pertinent natural taxa needs consideration. The burden for enforcement would be significantly      
  complicated by excluding these artificially propagated specimens. Nevertheless, minimizing or reducing the    
  implementation burden, and the regulation of artificially propagated specimens, are worthy goals, when there  
  is no risk to taxa in the wild.                                                                               
\42\ This proposal is considered not to include Euphorbia hermentiana, which we understand is not a synonym of  
  Euphorbia trigona.                                                                                            

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 COP10 (i.e., on September 18, 1997) 
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 COP10, the Service plans to publish a notice in the Federal 
Register announcing the final decisions of the Parties on all proposed 
amendments to the Appendices. If the United States should decide to 
enter any reservation, this action must be transmitted to the 
Depositary Government (Switzerland) by September 18, 1997. The United 
States has never entered a reservation to a CITES listing. It would 
consider doing so only if evidence is presented to show that 
implementation of an amendment would be contrary to the interests or 
laws of the United States.

Comments on Possible Reservations

    The Service invites comments and recommendations from the public 
concerning reservations that may be taken by the United States on any 
amendments to the Appendices adopted by the Parties at COP10. 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 COP10 if time is available, this present notice may be the only 
request for such comments. Recommendations or comments regarding 
reservations must be received by August 15, 1997. 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 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. Importing countries that are Party to CITES 
would require CITES-equivalent documentation from the United States, 
even if it enters a

[[Page 31061]]

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. 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 and Bruce 
MacBryde, Office of Scientific Authority, under authority of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

    Dated: June 2, 1997.
John G. Rogers,
Acting Director.
[FR Doc. 97-14806 Filed 6-5-97; 8:45 am]
BILLING CODE 4310-55-P