Federal Register, Volume 62 Issue 163 (Friday, August 22, 1997)

[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Proposed Rules]
[Pages 44627-44634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22402]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018-AE16

Changes in List of Species in Appendices to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES, or ``the Convention'') regulates
international trade in certain animals and plants. Species for which
such trade is controlled are listed in Appendices I, II, and III to the
Convention.
This document announces decisions by the Conference of the Parties
to CITES on amendments to Appendices I and II, and repeats a previous
request (62 FR 31054) for comment on whether the United States should
enter reservations on any of the amendments. The effect of a
reservation would be to exempt this country from implementing CITES for
a particular species. However, even if a reservation were taken, many
importing countries would require comparable documents, and many
importers to the United States would be required, under the Lacey Act
Amendments of 1981, to obtain permits issued by foreign countries. The
CITES amendments to Appendices I and II described in this document will
enter into effect on September 18, 1997, unless specifically indicated
otherwise. Reference is also made here to establishment by the Parties
of an export quota for the markhor, a species both included in Appendix
I and listed as Endangered under the Endangered Species Act, and the
implications for the importation of markhor sport-hunted trophies into
the United States.

DATES: The amendments to Appendices I and II adopted at the recent
meeting of the Conference of the Parties become effective 90 days after
their adoption under the terms of CITES and therefore are enforceable
as of September 18, 1997, with the exception of the amendments
concerning sturgeons, which will take effect on April 1, 1998. The
Service will consider all comments received by September 12, 1997, in
determining whether the United States should enter any reservations.

ADDRESSES: Please send correspondence concerning this proposed rule 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, Office of
Scientific Authority, U.S. Fish and Wildlife Service, Arlington,
Virginia, telephone 703-358-1708.

SUPPLEMENTARY INFORMATION:

Background

CITES regulates import, export, reexport, and introduction from the
sea of certain animal and plant species. Species for which the trade is
controlled are included in three Appendices. Appendix I includes
species threatened with extinction that are or may be affected by
trade. Appendix II includes species that, although not necessarily now
threatened with extinction, may become so unless trade in them is
strictly controlled. It also lists species that must be subject to
regulation in order that trade in other listed species may be brought
under effective control (e.g., because of similarity-of-appearance
problems). Appendix III includes species that any Party 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 may propose
amendments to Appendices I and II for consideration at meetings of the
Conference of the Parties. The text of any proposal must be
communicated to the CITES Secretariat at least 150 days before the
meeting. The Secretariat must then consult the other Parties and
appropriate intergovernmental agencies, and communicate their responses
to all Parties no later than 30 days before the meeting.

Recent Decisions

The tenth meeting of the Conference of the Parties to CITES (COP10)
was held June 9-20, 1997, in Harare, Zimbabwe. At the meeting, the
Parties considered 62 different animal proposals and 13 different plant
proposals to amend the Appendices. These were described in the Federal
Register on April 16, 1997, for proposals submitted by the United
States (62 FR 18559), and on June 6, 1997, for proposals submitted by
other Parties (62 FR 31054). All proposed amendments not withdrawn by
the proponents were considered and acted upon by Committee I during the
Conference, with each accredited attending Party having one vote.
Adoption of amendments by Committee I requires either consensus or, in
case of a vote, a two-thirds majority of those Parties present and
voting (abstentions not included). Action by Committee I on species
proposals was accepted by the Plenary session, unless a motion to
reopen debate was put to vote and approved by one-third of the non-
abstaining Parties voting.
Debate was reopened and votes recast on the following proposals
that had not received the required two-thirds majority in Committee I:
the proposal on the southern white rhinoceros (Ceratotherium simum
simum) by South Africa; the proposal on the ultramarine lorikeet (Vini
ultramarina) by Germany; and an amended proposal on the hawksbill sea
turtle (Eretmochelys imbricata) by Cuba. The proposal on the
ultramarine lorikeet was adopted in Plenary. The proposal on the
southern white rhinoceros and the amended proposal on the hawksbill sea
turtle, however, were rejected.
The use of the secret ballot process for voting on species
proposals was more widespread at COP10 than at past conferences. This
was due in part to a change in the Rules of Procedure adopted at COP9,
which reduced the number of seconding Parties required to sustain a
motion for a secret ballot, and in part to the number of controversial
proposals up for consideration. Secret ballots were cast in Committee I
on all whale proposals, the hawksbill turtle proposal, all elephant
proposals, and the proposal on bigleaf mahogany. A call by Panama for a
secret ballot on the United States' proposal to include the sawfishes
in Appendix I was rejected.

[[Page 44628]]

One secret ballot was also cast in Committee II. All proposals brought
to a vote in Plenary, except that on the ultramarine lorikeet, were
conducted by secret ballot. The United States believes that the
position of CITES Parties on species proposals should be public and the
voting process transparent. Consequently, the United States delegation
announced on the floor or in other public fora its vote on species
proposals conducted by secret ballot at COP10. The United States in
Committee I voted for the proposal on bigleaf mahogany and against all
other proposals voted on by secret ballot.
Species proposals advanced by the United States met with mixed
results. Proposals on the green-cheeked parrot (Amazona viridigenalis),
straw-headed bulbul (Pycnonotus zeylanicus), sturgeons
(Acipenseriformes), three species of mussels (Unionidae), and Tweedy's
bitterroot (Lewisia tweedyi) were adopted by consensus, and goldenseal
(Hydrastis canadensis) by vote. The effective date of the sturgeon
proposal was amended to April 1, 1998, to allow enough time for
identification techniques to be refined and made operational. The
proposal to include all sawfishes (Pristiformes) in Appendix I
encountered bloc opposition from Parties concerned about CITES
involvement in marine species issues and was defeated. The United
States was persuaded by arguments from other Parties that, in light of
the endemic status of the alligator snapping turtle (Macroclemys
temminckii) and timber rattlesnake (Crotalus horridus) in the United
States and apparently low levels of international trade in both
species, the conservation value of an Appendix II listing was
questionable. The United States therefore withdrew these proposals and
stated that it will consider, at least for the alligator snapping
turtle, whether an Appendix III listing will provide the insights
needed into the effect of international trade on its conservation
status. State wildlife agencies will be fully consulted in the process
of considering this approach. The proposal on nine species of map
turtles (Graptemys spp.), though supported by a majority of the
Parties, fell one vote short of the required two-thirds majority.
Nonetheless, the Service will continue its cooperative approach with
the States to identify appropriate conservation strategies for these
and other native reptile species that are involved in international
trade.
Although disappointed with the close negative vote on inclusion of
bigleaf mahogany (Swietenia macrophylla) in Appendix II (the vote was
67 Parties in favor, 45 opposed, failing by 8 votes to reach the
required two-thirds majority), the United States looks forward to
progress in the conservation of this species, in the context of a
number of range States' Appendix III listings and other efforts.
Brazil, Bolivia, and Mexico stated in Plenary that they would include
their populations in Appendix III. (Costa Rica included the species in
Appendix III in 1995--see 61 FR 6793.) In addition, a mahogany working
program is being established for 18 months (through 1998) that will
provide for discussion among all range States, major importing
countries, and pertinent organizations on conservation and sustainable
trade of bigleaf mahogany.
The Conference of the Parties also accepted a determination by the
Nomenclature Committee that the CITES listing of the urial sheep, Ovis
vignei, in Appendix I only applies to the subspecies Ovis vignei vignei
and that other subspecies of Ovis vignei are not presently listed. This
determination reverses an earlier decision of the Nomenclature
Committee (reported in 61 FR 67293, December 10, 1996) that the entire
species must be considered listed, because the taxon originally
intended for listing could not be determined with certainty. The
reversal was made on the basis of compelling evidence provided by the
Depositary Government (Switzerland) from transcripts of committee
discussions during the Plenipotentiary meeting (in 1973) and COP1 (in
1976). This interpretation is consistent with the interpretation long
held by the United States. It is anticipated that Germany will submit a
proposal to COP11 to include the other subspecies in Appendix II and
that such a proposal will be supported by the range States.
Although there are no CITES listing implications, the Service
wishes to note the action of the Parties at COP10 in adopting a
resolution submitted by Pakistan to establish an annual export quota of
six markhor (Capra falconeri) sport-hunted trophies. This species is
included in Appendix I. Although adoption by the Parties of a quota for
export of an Appendix I species normally constitutes assurance to the
exporting country that exports within the established quota will be
accepted by importing countries, stricter domestic measures may in some
cases override such assurances. In the case of the markhor, two
subspecies, Capra falconeri megaceros (includes C. f. jerdoni) and
Capra falconeri chialtanensis (= C. aegagrus), are listed as Endangered
under the U.S. Endangered Species Act (ESA). A finding of enhancement
completely independent of any CITES finding would have to be made for
import of either of these ESA-listed subspecies into the United States.
Results of actions by the Conference of the Parties on the proposed
amendments to the Appendices are given in the table below:

----------------------------------------------------------------------------------------------------------------
Decision of the
Species Proposed amendment Proponent parties
----------------------------------------------------------------------------------------------------------------
Mammals

Order Diprotodontia:
Burramys parvus (Mountain pygmy Deletion from Appendix II.. Australia............. Adopted.
possum).
Dendrolagus bennettianus and D. Deletion from Appendix II.. Australia............. Adopted.
lumholtzi (Bennett's and
Lumholtz's tree kangaroos).
Order Xenarthra:
Chaetophractus nationi (Hairy Inclusion in Appendix I.... Bolivia............... Adopted as amended to
armadillo). include in Appendix
II.
Order Cetacea:
Eschrichtius robustus (Gray Transfer of the Eastern Japan................. Rejected.
whale). Pacific stock from
Appendix I to II.
Balaenoptera acutorostrata Transfer of the Okhotsk Sea Japan................. Rejected.
(Minke whale). West Pacific stock from
Appendix I to II.
Balaenoptera acutorostrata Transfer of the Southern Japan................. Rejected.
(Minke whale). Hemisphere stock from
Appendix I to II.

[[Page 44629]]

Balaenoptera acutorostrata Transfer of the Northeast Norway................ Rejected.
(Minke whale). Atlantic and the North
Atlantic Central stocks
from Appendix I to II.
Balaenoptera edeni (Bryde's Transfer of the North Japan................. Withdrawn.
whale). Pacific Western stock from
Appendix I to II.
Order Carnivora:
Ursus arctos (Brown bear)...... Transfer of all Asian and Finland, Bulgaria, and Rejected.
European populations from Jordan.
Appendix II to I.
Panthera onca (Jaguar)......... Establishment of annual Venezuela............. Withdrawn.
export quotas for hunting
trophies of zero in 1997,
1998, and 1999 and of 50
thereafter.
Order Proboscidea:
Loxodonta africana (African Transfer of the Botswanan Botswana, Namibia, and Adopted as amended.\1\
elephant). population from Appendix I Zimbabwe.
to II, with certain
annotations.
Loxodonta africana (African Transfer of the Namibian Botswana, Namibia, and Adopted as amended.\2\
elephant). population from Appendix I Zimbabwe.
to II, with certain
annotations.
Loxodonta africana (African Transfer of the Zimbabwean Botswana, Namibia, and Adopted as amended.\3\
elephant). population from Appendix I Zimbabwe.
to II, with certain
annotations.
Order Perissodactyla:
Ceratotherium simum simum Amendment to annotation 503 South Africa.......... Rejected.
(Southern white rhinoceros). in the CITES Appendice) to
allow trade in parts and
derivatives but with a
zero export quota.
Order Artiodactyla:
Pecari tajacu (Collared Deletion from Appendix II Mexico................ Adopted.
peccary). (Mexican population).
Vicugna vicugna (Vicuna)....... Annotated transfer of Argentina............. Adopted.
certain populations to
Appendix II \4\.
Vicugna vicugna (Vicuna)....... Annotated transfer of Bolivia............... Adopted as amended.\5\
certain populations to
Appendix II.
Vicugna vicugna (Vicuna)....... Amendment to annotation 504 Peru.................. Adopted.
in the CITES Appendices
list to replace the words
``VICUNANDES-CHILE'' and
``VICUNANDES-PERU'' with
the words ``VICUNA-COUNTRY
OF ORIGIN''.
Vicugna vicugna (Vicuna)....... Amendments to annotation Peru.................. Adopted.
504 (in the CITES
Appendices list) to allow
also the countries that
are members of the Vicuna
Convention to utilize the
term VICUNA-PAIS DE ORIGEN-
ARTESANIA, 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 China... Withdrawn.
David's deer).
Bison bison athabascae (Wood Transfer from Appendix I to Canada................ Adopted.
bison). II in accordance with
precautionary measure
B.2.b) of Resolution Conf.
9.24, Annex 4.
Bos javanicus (Banteng)........ Inclusion in Appendix I.... Thailand.............. Withdrawn.
Bubalus arnee (Water buffalo).. Inclusion in Appendix I.... Thailand.............. Withdrawn.
Ovis Ammon nigrimontana (Kara Transfer from Appendix II Germany............... Adopted.
Tau argali). to I.

Birds

Order Galliformes:
Pauxi pauxi (Northern Helmeted Inclusion in Appendix II... Netherlands........... Withdrawn.
curassow).
Pauxi unicornis (Horned Inclusion in Appendix II... Netherlands........... Withdrawn.
curassow).
Order Gruiformes:
Turnix melanogaster (Black- Deletion from Appendix II.. Australia............. Adopted.
breasted button-quail).
Pedionomus torquatus (Plains Deletion from Appendix II.. Australia............. Adopted.
wanderer).
Gallirallus australis hectori Deletion from Appendix II.. New Zealand........... Adopted.
(Eastern weka rail).
Order Psittaciformes:
Amazona agilis (Black-billed Transfer from Appendix II Germany............... Withdrawn.
parrot). to I.
Amazona viridigenalis (Red- Transfer from Appendix II Mexico, United States, Adopted.
crowned parrot). to I. and Germany.
Cacatua sulphurea (Lesser Transfer from Appendix II Germany............... Withdrawn.
sulphur-crested cockatoo). to I.
Eunymphicus cornutus uvaeensis Transfer from Appendix II Germany............... Withdrawn.
(Ouvea horned parakeet). to I.
Vini kuhlii (Kuhl's lorikeet).. Transfer from Appendix II Germany............... Rejected.
to I.
Vinni peruviana (Tahitian Transfer from Appendix II Germany............... Rejected.
lorikeet). to I.
Vini ultramarina (Ultramarine Transfer from Appendix II Germany............... Adopted
lorikeet). to I.

[[Page 44630]]

Order Caraciiformes:
Aceros waldeni (Writhed-billed Transfer from Appendix II Germany............... Withdrawn.
hornbill). to I.
Order Passeriformes:
Pycnonotus zeylanicus (Straw- Inclusion in Appendix II... Netherlands and the Adopted.
headed bulbul). United States.
Leiothrix argentauris (Silver- Inclusion in Appendix II... Netherlands........... Adopted.
eared mesia).
Leiothrix lutea (Pekin robin).. Inclusion in Appendix II... Netherlands........... Adopted.
Liocichla omeiensis (Omei Shan Inclusion in Appendix II... Netherlands........... Adopted.
liochichla).
Tangara fastuosa (Seven-colored Inclusion in Appendix II... Germany and the Adopted.
tanager). Netherlands.
Amandava formosa (Green Inclusion in Appendix II... Netherlands........... Adopted.
avadavat).
Padda oryzivora (Java sparrow). Inclusion in Appendix II... Netherlands........... Adopted.
Gracula religiosa (Hill mynah). Inclusion in Appendix II... Netherlands and the Adopted.
Philippines.

Reptiles

Order Testudinata:
Macroclemys temminckii Inclusion in Appendix II... United States......... Withdrawn.
(Alligator snapping turtle).
Callagur borneoensis (Painted Inclusion in Appendix II... Germany............... Adopted.
terrapin).
Graptemys (Map turtles)........ Inclusion of nine species United States......... Rejected.
in Appendix II.
Eretmochelys imbricata Transfer of the Cuban Cuba.................. Rejected.
(Hawksbill sea turtle). population from Appendix I
to II with certain
annotations.
Order Crocodylia:
Caiman latirostris (Broad- Transfer of the Argentine Argentina............. Adopted.
snouted caiman). population from Appendix I
to II, for purpose of
ranching.
Crocodylus niloticus (Nile Maintenance of the Malagasy Madagascar............ Adopted.
crocodile). population in Appendix II,
for purpose of ranching.
Crocodylus niloticus (Nile Establishment of an annual Tanzania.............. Adopted.
crocodile). export quota of 1,000
skins and 100 hunting
trophies from wild animal
for years 1998-2000.
Crocodylus noloticus (Nile Maintenance of the Ugandan Uganda................ Adopted.
crocodile). population in Appendix II,
for purpose of ranching.
Order Sauria:
Varanus bengalensis (Indian Transfer of the population Bangladesh............ Rejected.
monitor). of 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 Bangaladesh........... Rejected.
monitor). of Bangladesh from
Appendix I to II subject
to annual export quotas of
100,000 skins in 1997,
1998, and 1999.
Order Serpentes:
Crotalus horridus (Timber Inclusion in Appendix II... United States......... Withdrawn.
rattlesnake).

Amphibians

Order Anura:
Mantella bernhardi, M. cowani, Inclusion in Appendix II... Netherlands........... Withdrawn.
M. viridis, and M.
haraldmeieri (Golden mantella
frogs).

Fishes

Order Acipenseriformes (Sturgeons). Inclusion of all presently Germany and the United Adopted as amended.\6\
unlisted species in States.
Appendix II.
Order Pristiformes (Sawfishes)..... Inclusion in Appendix I.... United States......... Rejected.

Mollusks

Fusconaia subrotunda, Lampsilis Deletion from Appendix II.. United States......... Adopted.
brevicula, and Lexingtonia
dolabelloides (Unionid mussels).
Paryphanta spp. (New Zealand amber Deletion from Appendix II.. Switzerland........... Adopted.
snails).

Other Animal Proposals

Any Appendix II species annotated Amendment to the relevant Switzerland........... Adopted.\7\
to limit the trade to certain annotations of Appendix II
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''.

[[Page 44631]]

Plants--General

Araliaceae: Panax quinquefolius Amend the Appendix II Switzerland........... Adopted as amended.\8\
(American ginseng). listing of this species
(cf. current annotation
#3), to include only the
followiong parts: ``Whole
and sliced roots and parts
of roots, excluding
manufactured, processed
products such as powders,
extracts, pills, tonics,
teas and confectionary''.
Cactaceae spp. (Cacti): Mexican Amend the Appendix II Mexico................ Adopted as amended.\9\
cacti. listing for this family
(cf. current annotation #
4), to include seeds from
Mexican cacti originating
in Mexico.
Leguminosae (Fabaceae): Pericopsis Amend the Appendix II Switzerland........... Adopted.
elata (Afrormosia), and Meliaceae: listing of these two
Swietenia mahagoni (Caribbean species (cf. current
mahogany). annotation # 5), to
include only the following
parts: ``Logs, sawn wood
and veneer sheets''.
Meliaceae: Swietenia macrophylla Include in Appendix II with United States and Rejected as
(Bigleaf mahogany). an annotation to cover Bolivia. amended.\8\
logs, sawn wood, and
veneer sheets only.
Portulacaceae: Lewisia tweedyi Delete from Appendix II.... United States......... Adopted.
(Tweedy's bitterroot).
Proteaceae: Orothamnus zeyheri Transfer from Appendix I to South Africa.......... Adopted.
(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.......... Adopted.
Swartland sugarbush). Appendix II, in accordance
with precautionary measure
B.2.b of Resol. Conf.
9.24, Annex 4.
Ranunculaceae: Hydrastis canadensis Include in Appendix II, United States......... Adopted as amended.\8\
(Goldenseal). along with only the
following parts: ``Roots,
rhizomes or rootstocks,
and specimens recognizable
as being parts thereof''.
Scrophulariaceae: Picrorhiza Include in Appendix II, India................. Adopted.
kurrooa (Kutki). along with only the
following parts: ``Roots
and readily recognizable
parts thereof''.
Theaceae: Camellia chrysantha, Delete from Appendix II.... China................. Adopted.
which is Camellia petelotii in
part (Golden-flowered camellia).
Valerianaceae: Nardostachys Include in Appendix II, India................. Adopted as amended.\8\
grandiflora (=Nardostachys along with only the
jatamansi misapplied) (Himalayan following parts: ``Whole
nard or spikenard). and sliced roots and parts
of roots, excluding
manufactured, processed
products such as powders,
extracts, pills, tonics,
teas and confectionary''.

Plants--Artificial Propagation

Families other than Orchidaceae Amend the listings of most Switzerland........... Adopted.
(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) Hybrid Amend the Appendix II Denmark............... Adopted as amended.^{8,
Easter cactus; (2) Crab cactus, listing for this family ^{10
Christmas cactus; (3) Red cap (cf. current annotation
cactus, Oriental moon cactus; and #4), to exclude
(4) Bunny ears cactus. artificially propagated
specimens of the following
hybrids and/or cultivars:
(1) Hatiora graeseri (=H.
gaertneri H. rosea); (2)
Schlumbergera
(=Zygocactus) truncata
cultivars, and its hybrids
with S. opuntioides (=S.
exotica), S. orssichiana,
and S. russelliana (=S.
buckleyi); (3)
Gymnocalycium mihanovichii
cultivars lacking
chlorophyll, grafted to
Hatiora `Jusbertii',
Hylocereus trigonus or H.
undatus; and (4) Opuntia
microdasys.
Euphorbiaceae: Succulent Euphorbia Amend the Appendix II Denmark............... Adopted.
spp. (Succulent euphorbs): Three- listing of succulent
ribbed milk tree. Euphorbia spp., with an
annotation to exclude
artificially propagated
specimens of Euphorbia
trigona cultivars.

[[Page 44632]]

Primulaceae: Cyclamen spp. Amend the Appendix II Denmark............... Adopted as
(Cyclamens): Florist's cyclamen. listing of Cyclamen spp., amended.\8\, \10\
with an annotation to
exclude artificially
propagated specimens of
the cultivars of Cyclamen
persicum, except when
traded as dormant tubers.
----------------------------------------------------------------------------------------------------------------
\1\ Originally 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 tons in 1998 and 1999; b)
international trade in hunting trophies; and c) international trade in live animals to appropriate and
acceptable destinations. Amended to qualify the provision for export of sport-hunting trophies with the phrase
``for non-commercial purposes.'' Further amended to qualify the provision for export of ivory stockpiles as
follows: ``No international trade in ivory before 18 months after the transfer to Appendix II comes into
effect. Thereafter an experimental quota for raw ivory not exceeding 25.3 tons may be traded with Japan
subject to conditions established in Decision No. XX to the Conference of the Parties.'' (Note: Decision No.
XX establishes nine conditions that need to be met before trade in raw ivory can be resumed; directs the CITES
Standing Committee to make available the evaluation of legal and illegal trade and legal offtake as
established through Resolution Conf. 9.16(Rev.) as soon as possible after the experimental trade has taken
place; and further directs the Standing Committee to identify in cooperation with the range States any
negative impacts of the resumption of trade and determine and propose corrective measures. A copy of Decision
No. XX may be obtained from the Office of Scientific Authority.)
\2\ Originally 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 re-export, subject to
annual quotas that will not exceed 6,900 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. Amended to
qualify the provision for export of sport-hunting trophies with the phrase ``for non-commercial purposes.''
Further amended to qualify the provision for export of ivory stockpiles as follows: ``No international trade
in ivory before 18 months after the transfer to Appendix II comes into effect. Thereafter an experimental
quota for raw ivory not exceeding 13.8 tons may be traded with Japan subject to conditions established in
Decision No. XX to the Conference of the Parties.'' (Note: see footnote #1 for a summary of Decision No. XX.)
\3\ Originally 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 tons 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. Amended to
qualify the provision for export of sport-hunting trophies with the phrase ``for non-commercial purposes.''
Further amended to qualify the provision for export of ivory stockpiles as follows: ``No international trade
in ivory before 18 months after the transfer to Appendix II comes into effect. Thereafter an experimental
quota for raw ivory not exceeding 20 tons may be traded with Japan subject to conditions established in
Decision No. XX to the Conference of the Parties.'' (Note: see footnote #1 for a summary of Decision No. XX.)
\4\ 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.''
\5\ 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.'' Amended to establish an initial export
quota of zero.
\6\ Amended to establish a delayed effective date of April 1, 1998. The Parties passed a resolution in
association with this amendment to the Appendices that recognizes the conservation problems facing Caspian Sea
sturgeons and the need for assistance in that region to assure effective implementation of the listings. It
further advocates accedence of key sturgeon range States to CITES and the formulation of a management plan for
the Caspian Sea sturgeon fishery.
\7\ In a related Decision passed by the Parties, it was agreed that a working group would be established under
the aegis of the Standing Committee to study the expanding array of problems and confusion arising from the
use of product annotations in the Appendices. The working group will report to COP11.
\8\ The text in the amendment column at left gives the result as amended at COP10, which differs from that
provided in the Federal Register notice of June 6, 1997 (62 FR 31054) with regard to the parts and/or
derivatives included. The amendments were either minor changes in wording to clarify the proposal's intent, or
involved additional parts and/or derivatives that were excluded.
\9\ The text in the amendment column at left gives the result as amended at COP10, which differs from that
provided in the Federal Register notice of June 6, 1997 (62 FR 31054) by also including the seeds originating
in Mexico from artificial propagation. This revision was recommended by the CITES Secretariat in Doc. 10.89,
Annex 1. The seeds of Mexican cacti from artificial propagation that originate elsewhere than Mexico remain
unregulated by CITES.
\10\ The text in the amendment column at left gives the results as amended at COP10, which adopted the
clarifications and suggestions regarding taxa and hybrid specimens as analyzed by the United States--see the
Federal Register notice of June 6, 1997 (62 FR 31054).

Consequences of Amendments to Appendices I and II

All proposals in the preceding table that were approved by the
Conference of the Parties will enter into effect 90 days after the
meeting (i.e., on September 18, 1997) under the terms of the CITES
treaty (except for the listing of sturgeons, which has a delayed
effective date of April 1, 1998). 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. 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 Service now repeats its request published earlier (62 FR 31054,
June 6, 1997) for public comment/recommendations concerning
reservations to be taken by the United States on any amendments to the
Appendices adopted by the Parties at COP10. Recommendations or comments
regarding reservations must be received by September 12, 1997, so that
all comments can be carefully considered and the Depositary Government
and the Secretariat can be informed by September 18, 1997 if
appropriate. The Service proposes not to recommend any reservations. It
will consider doing so only if evidence is presented to show that
implementation of an amendment would be contrary to the interests or
law of the United States. If the United States should enter any
reservations, they will be announced in a Federal Register notice as
soon as possible after the decisions are made. Any reservations
announced would be tentative, pending full consideration of public
comments.
Reservations, if entered, may do little to relieve importers in the
United States from the need for foreign export permits, because the
U.S. Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make it a
Federal offense to import into the United States any animals taken,
possessed, transported, or sold in violation of foreign conservation
laws. If a foreign country has enacted CITES as part of its positive
law, and that country has not taken a reservation with regard to the
animal or plant, or its parts or

[[Page 44633]]

derivatives, the United States (even if it had taken a reservation on a
species) would continue to require CITES export 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
generally require CITES-equivalent documentation from the United
States, even if it enters a reservation, because the Parties have
agreed to allow trade with non-Parties (including reserving Parties)
only if they issue documents containing all the information required in
CITES permits or certificates. In addition, if a reservation is taken
on a species listed in Appendix I, the species should still be treated
by the reserving Party as in Appendix II according to Resolution Conf.
4.25, thereby still requiring CITES documents for export. The United
States has never entered a reservation to a CITES listing. It is the
policy of the United States that commercial trade in Appendix I species
for which a country has entered a reservation undermines the
effectiveness of CITES.

Requirements of Other Laws

Changes in the CITES listing status of species as a consequence of
actions taken at COP10 do not supersede import or export requirements
pursuant to other wildlife conservation laws. For example, import or
export of species listed as Threatened or Endangered under the U.S.
Endangered Species Act (ESA) still must meet the provisions of that law
and its implementing regulations in 50 CFR Part 17, even if those
species have been transferred to a less protective CITES Appendix or
removed from the Appendices entirely. The most noteworthy of the
species downlisted to Appendix II at COP10 but still subject to
stricter ESA provisions are the African elephant, the Argentinian and
Bolivian populations of the vicuna, the wood bison, and the broad-
snouted caiman. The African elephant is also subject to provisions of
the U.S. African Elephant Conservation Act (AECA). Because of the high
public interest in this species and the complexity of the terms of the
CITES downlistings, the effects of the downlistings on trade in African
elephant products is treated separately in more detail below. Species
of birds included in the CITES Appendices for the first time (straw-
headed bulbul, silver-eared mesia, Pekin robin, Omei Shan leiocichla,
seven-colored tanager, green avadavat, Java sparrow, and hill mynah)
are now subject to the terms of the U.S. Wild Bird Conservation Act
(WBCA) and its regulations in 50 CFR Part 15. This will result in a
prohibition on the importation of these species unless they qualify for
exemptions established by regulation. Copies of these implementing
regulations are available from the Service's Office of Management
Authority. Importation into the United States of Sport-hunted Trophies
of African Elephants from Namibia, Botswana, and Zimbabwe.
The African elephant is listed as Threatened under the ESA with a
special rule at 50 CFR 17.40(e). Under the special rule, a personally
taken sport-hunted trophy may be imported into the United States when
it has (1) originated in a country for which the Service has received
notice for that country's African elephant ivory quota for the year of
export; (2) the permit requirements of the regulations for CITES
permits (50 CFR 13 and 23) have been met; (3) the Service has
determined that the take of the trophy for import would enhance the
survival of the species; and (4) the ivory has been marked as outlined
in the special rule. All these conditions will continue to apply after
the Appendix II listing for the elephant populations of Botswana,
Namibia, and Zimbabwe enters into effect on September 18, 1997. In
making the required enhancement findings, the Service reviews the
status of the population and the total management program for the
elephant in each country to ensure the program is promoting the
conservation of the species. The Service will make such findings on a
periodic basis upon receipt of new information on the species'
population or management. The enhancement findings for importation of
sport-hunted elephant trophies from Botswana, Namibia, and Zimbabwe are
on file in the Office of Management Authority and remain in effect
until the Service finds, based on new information, that the conditions
of the special rule are no longer met and has published a notice of any
change in the Federal Register.
The practical effect of the downlistings of these three populations
for sport hunters is that an import permit will no longer be required
for non-commercial imports of African elephant sport-hunted trophies
from these countries only. Only a CITES export permit from the country
of origin or a re-export certificate from an intermediate country will
be required. Populations of African elephants in all other countries,
however, remain in Appendix I. Therefore, importation into the United
States of sport-hunted elephant trophies from these other countries
will continue to require prior issuance of both an import and export
permit. As in the past, no sport trophies of African elephants, or
ivory from sport trophies, whether from Appendix I or Appendix II
populations, may be exported from the United States.

Importation of Live African Elephants, Ivory, and Other African
Elephant Products

When the downlistings of the elephant populations of Botswana,
Namibia, and Zimbabwe become effective on September 18, 1997, it will
be possible to import live elephants from any of these countries into
the United States ``to appropriate and acceptable destinations''
without an import permit and without need for an enhancement finding.
Only an export permit from the country of origin, or a re-export
certificate from an intermediate country, will be necessary. For
elephants from Zimbabwe only, commercial trade in hides will be
allowed. However, the terms of the downlisting of the Zimbabwean
population are ambiguous regarding future commercial trade in leather
products. The United States intends to seek clarification on the scope
of the leather goods and hides annotations from the CITES Standing
Committee. Hides or leather products from elephant populations other
than those of Zimbabwe are still considered to be specimens included in
Appendix I and cannot be imported by any CITES Party for commercial
purposes.
Regardless of any provisions of the African elephant downlistings
at COP10 for export of elephant ivory or ivory products, import of
worked ivory into the United States continues to be prohibited under
the terms of the African Elephant Conservation Act (AECA), as
interpreted by the ESA 4(d) special rule, unless they meet any of the
following exceptions: (1) Bonafide antiques more than 100 years old;
(2) personal and household effects registered with U.S. Customs on
export and now being reimported; or (3) pre-Convention items for non-
commercial use acquired prior to the first listing of the elephants
under CITES in 1977. With the exception of appropriately marked sport-
hunted trophies, import of raw ivory is strictly prohibited.

Note: The Department has determined that amendments to CITES
Appendices, which result from actions of the Parties to the
Convention, do not require the preparation of Environmental
Assessments as defined under authority of the National Environmental
Policy Act (42 U.S.C. 4321-4347). This rule was not subject to
Office of Management and Budget review under Executive Order 12866.
Because these amendments are simply

[[Page 44634]]

notifications of actions taken by the CITES Parties, they are not
``rules'' as defined in 5 U.S.C. 551. Similarly, the Regulatory
Flexibility Act (5 U.S.C. 601) does not apply to the CITES listing
process. The proposed adjustments to the list in 50 CFR 23.23 are
solely informational to provide the public with accurate data on the
species covered by CITES. With the exception of the sturgeon species
listed on the basis of the proposal by Germany and the United
States, the listing changes adopted by the Parties will take effect
on September 18, 1997, under the terms of CITES. The sturgeon
listings take effect on April 1, 1998, as provided for in the
amended language of the proposal. This proposed rule does not
contain information collection requirements that require approval by
the Office of Management and Budget under 44 U.S.C. 3501 et seq.

The Service finds that the public comment period must close 15 days
from publication, in order to provide the necessary time to review and,
if appropriate, act on any comments requesting the entering of
reservations. Any such reservations must be submitted to the Depositary
Government (and CITES Secretariat) by September 18, 1997.

List of Subjects in 50 CFR Part 23

Endangered and threatened species, Exports, Fish, Imports, Marine
mammals, Plants (agriculture), Treaties.

This document is issued under authority of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq. and 87 Stat. 884, as amended). It
was prepared by Dr. Marshall A. Howe and Dr. Bruce MacBryde, Office of
Scientific Authority.

Proposed Regulation Promulgation

The Service proposes to amend the list of species contained in
Sec. 23.23 of title 50 of the Code of Federal Regulations by
incorporating all changes in CITES Appendices I and II that were
approved by the Conference of the Parties, as set forth in the
Supplementary Information section of this proposed rule.

Dated: August 15, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-22402 Filed 8-21-97; 8:45 am]
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