[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58325-58327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28927]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018-AE99


Amendment by Brazil to Appendix III Listing of Bigleaf Mahogany 
Under the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule announces an amendment to the Appendix III listing 
of bigleaf mahogany (Swietenia macrophylla) under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES or Convention). The species in the Americas and its logs, sawn 
wood, and veneer sheets have been included in Appendix III since 
November 1995, based on an action by the Government of Costa Rica. The 
Government of Brazil has supplied information to the CITES Secretariat 
to independently include the species in Appendix III to support its 
national legislation for the species and the need for cooperation of 
other CITES countries in controlling the international trade.

DATES: Effective Date: This rule is effective on October 30, 1998.
    Applicability Date: The change to the Appendix III listing for the 
Brazilian population of the species as set forth in this rule entered 
into force on July 26, 1998, under the terms of the Convention.

ADDRESSES: Please send correspondence concerning the amendment 
announced in this rule to Chief, Office of Scientific Authority, ARLSQ 
750; U.S. Fish and Wildlife Service; Washington, DC 20240; fax number 
703-358-2276. Express and messenger deliveries should be addressed to 
Chief, Office of Scientific Authority, Room 750; U.S. Fish and Wildlife 
Service; 4401 North Fairfax Drive; Arlington, Virginia 22203.
    The text of the Appendix III notification from the Convention's 
Secretariat is available on request, and related materials are 
available for public inspection by appointment from 8:00 a.m. to 4:00 
p.m. Monday through Friday, at the above address in Arlington, 
Virginia.
    Please send certificate/permit questions or any applications 
concerning this regulation to Chief, Office of Management Authority; 
U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Room 700; 
Arlington, Virginia 22203; fax number 703-358-2281. Express and 
messenger deliveries should be addressed to Chief, Office of Management 
Authority, at that Arlington address.

FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, Chief, Office of 
Scientific Authority, phone 703-358-1708, fax 703-358-2276, E-mail 
[email protected]; or the Office of Management Authority, telephone 
800-358-2104, E-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (TIAS 8249) regulates international trade in certain 
animal and plant species. The species for which trade in particular 
specimens is controlled are listed in one of three appendices. Appendix 
III is comprised of species that any Party country has informed the 
CITES Secretariat are subject to regulation within its jurisdiction for 
purposes of restricting or preventing exploitation, and for which it 
needs the cooperation of other Parties to control the specimens in 
international trade. Resolution Conf. 9.25 (Rev.) provides guidance to 
assist Parties in determining individually whether a species would 
qualify for inclusion in Appendix III.
    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 in specimens is strictly controlled. 
Appendix II also can include 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 of other traded species).
Resolution Conf. 9.24 provides criteria and guidance to assist the 
Parties in determining together (usually at a Conference of the Parties 
or COP) whether a species would qualify for inclusion in Appendix I or 
Appendix II. Under CITES, only those species included in Appendix I are 
banned from international trade for primarily commercial purposes.
    The present rule revises the list of CITES species that is 
reproduced in the U.S. Code of Federal Regulations (CFR) at 50 CFR 
23.23(f). The current information following COP10 (see below) was 
published in the Federal Register of August 22, 1997 (62 FR 44627). As 
advanced by the Government of Brazil pursuant to Article XVI paragraph 
1 of the Convention, the present rule acknowledges that now Brazil, 
Bolivia, and Costa Rica have added Swietenia macrophylla (bigleaf 
mahogany (also respectively called mogno, mara, or caoba)) to Appendix 
III in support of their domestic conservation measures and need for 
cooperation of other Parties. Brazil in October 1965 at an inter-
American conference had put this species in the Annex of the Convention 
on Nature Protection and Wildlife Preservation in the Western 
Hemisphere, and on April 3, 1992 (by Decree No 37-N) had 
included the species with other Brazilian species considered to be at 
risk.
    The species continues to be included in CITES Appendix III in the 
Americas (i.e., South America, Central America, the Caribbean, and 
North America), including only its logs, sawn wood, and veneer sheets 
as the parts or derivatives covered by the provisions of the 
Convention. Thus, products such as finished furniture are excluded. 
Moreover, export of specimens from plantations located outside the 
Americas is not regulated. (At COP10 in

[[Page 58326]]

June 1997, the categories saw-logs, sawn wood, and veneers were revised 
slightly to the above for several such listings; cf. 62 FR 44627.)
    The CITES Secretariat notified all Party countries on April 27, 
1998 (in an unnumbered Notification), of this addition to Appendix III 
by Brazil of this species. In accordance with Article XVI paragraph 2, 
such an amendment becomes effective 90 days after notification, in this 
case on July 26, 1998. All the shipments of bigleaf mahogany 
originating from Brazil that are exported on or after that date must be 
accompanied by the appropriate documentation as required by CITES 
(usually an export permit), which is to be presented upon import to the 
Party countries.
    International trade in Appendix III species and their parts and 
derivatives that are specified as being included requires the issuance 
of either an export permit, a certificate of origin, a re-export 
certificate, or a pre-Convention certificate, by the exporting or the 
re-exporting Party. An export permit, which signifies that the 
specimens were not obtained in contravention of the laws of that 
country for conservation, is required if the shipment originates from 
the Party that added the species to Appendix III, in this case Brazil, 
as well as Bolivia, which independently included its population in 
Appendix III, effective March 19, 1998 (see Federal Register of May 14, 
1998, 63 FR 26739-26741); and Costa Rica, which had earlier added the 
species to Appendix III, effective November 16, 1995 (see Federal 
Register of February 22, 1996, 61 FR 6793-6795).
    Export from the other countries in the Americas requires the 
issuance of either a certificate from the country of origin, a 
certificate from the country of re-export, or a pre-Convention 
certificate (from the country of export). (The species is native from 
Bolivia and Brazil to Mexico.) These documents legally verify either: 
(1) that the specimens originated in a non-listing country; (2) that 
they are being re-exported after a legal importation in accordance with 
CITES; or (3) that they were acquired before the provisions of the 
Convention applied to them. All the countries of South America, Central 
America, and North America and some countries in the Caribbean are 
Parties to the Convention. Article X of CITES and Resolution Conf. 9.5 
specify the requirements for comparable documentation from countries 
not party to the treaty. The pre-Convention date for Swietenia 
macrophylla (bigleaf mahogany) remains November 16, 1995.
    The Convention's Secretariat and U.S. Office of Management 
Authority in 1995 (and sometimes since) have inquired regarding 
certificates of origin or permits that exporting range countries issue 
for shipments of the specimens of this species (i.e., logs, sawn wood, 
and veneer sheets). Responses have been received from Mexico, 
Guatemala, Belize, Honduras, Nicaragua, Venezuela, and Peru (cf. 
Secretariat's April 27, 1998, Notification No. 1998/15). Costa Rica, 
Bolivia, and Brazil, as Parties listing the species in Appendix III, 
use their regular documents (e.g., permits). Importation or exportation 
of CITES-regulated plant specimens must be through particular 
designated U.S. Department of Agriculture ports (50 CFR 24.12), which 
includes additional ports designated for logs and lumber. For 
information on the types of documents required for such mahogany 
importation into the United States, as well as requests for any 
documents needed for such re-export or export from the United States, 
contact the Service's Office of Management Authority (address and phone 
number above).
    Any Party at any time may enter a reservation on a species (or 
pertinent population) added to Appendix III. A Party that has entered a 
reservation is treated as a country that is not party to the Convention 
with respect to the trade in the species concerned (until such time as 
that Party withdraws its reservation). The limited effects of a 
reservation in alleviating importers and exporters from documentation 
requirements with the other CITES Parties were thoroughly discussed in 
a Federal Register notice on November 17, 1987 (52 FR 43924). In a 
subsequent Federal Register notice of March 28, 1988 (53 FR 9945; see 
also 53 FR 12497, April 14, 1988), the Service made a procedural change 
in requesting comments about such reservations for species added to 
Appendix III. Because the effects of such a reservation are limited, 
and there is also no time limit for reserving on a species or a 
population added to Appendix III, a proposed rule is not published at 
the time the list in Sec. 23.23 is amended. Regardless of any U.S. 
decision to enter a reservation, this particular amendment to Appendix 
III enters into force on July 26, 1998, under terms of the Convention. 
Publishing this rule informs the public of this international action 
while still affording those interested the opportunity and time to 
assess the merits of entering a reservation. Therefore, good cause 
exists to omit a proposed-rule notice and public-comment process, since 
it is unnecessary and contrary to the public interest (5 U.S.C. 
553(b)). Because bigleaf mahogany in the Americas was added to Appendix 
III of the Convention effective on November 16, 1995, and because of 
the other reasons stated herein, the Service finds that good cause 
exists for making this rule effective upon its date of publication (5 
U.S.C. 553(d)). Accordingly, 50 CFR 23.23(f) is amended at the 
conclusion of this document.
    At the tenth meeting of the Conference of the Parties to the 
Convention (COP10) in June 1997, the United States was among 67 of 112 
Parties that voted to include this species in Appendix II; this 60 
percent of the Parties in favor, however, fell short of the two-thirds 
majority needed for adoption of the proposal (see the Federal Register 
notice of August 22, 1997 (62 FR 44627)). After the vote, Brazil in 
plenary stated its intention to include the species in Appendix III. On 
September 24, 1997, the Brazilian Ambassador to the United States sent 
a letter to the U.S. Fish and Wildlife Service soliciting comments on 
their contemplated listing of bigleaf mahogany in Appendix III (cf. 
Resolution Conf. 9.25 (Rev.)). The Service replied in a letter of 
October 10, 1997, to the Brazilian Ambassador in Washington, D.C., 
providing U.S. interagency-approved comments that supported Brazil's 
consideration of the Appendix III listing, expressed hope for a prompt 
conclusion of the consultations and listing, and offered cooperation 
and partnership to help convey the meaning of the action (e.g., to U.S. 
consumers). This Appendix III listing thus can assist in curtailing 
illegal international trade (see Resolution Conf. 9.25 (Rev.) first 
paragraph b)), which may help prevent severe decline so that the 
species does not become endangered in the wild.
    The Service has not recommended entering a reservation on the 
enhanced status in Appendix III for the Brazilian population of the 
species. Consideration for doing so would be given if valid and 
compelling reasons are shown that implementation of this listing would 
be contrary to the interests or laws of the United States. The Service 
now solicits comments on whether to enter a reservation, and 
particularly seeks any new information that becomes available. The 
Service will consider all comments received, and if appropriate, will 
consider recommending that the United States submit a reservation to 
the depositary government (which is Switzerland).

[[Page 58327]]

Note

    The Department has determined that changes to the Convention 
Appendices, which result from actions of the Parties to the treaty, do 
not require preparation of Environmental Assessments as defined under 
authority of the National Environmental Policy Act (42 U.S.C. 4321-
4347). This document recognizes Brazil's decision to include one of 
their native species in CITES Appendix III and serves as public notice 
of their decision to potential importers and exporters, as well as 
other persons who may have a need to know of this Appendix III 
amendment. Because this amendment to 50 CFR 23.23 is simply a 
notification to the public on an action that has been taken by Brazil 
under the terms of CITES, this document does not constitute a ``rule'' 
for purposes of the Administrative Procedure Act (5 U.S.C. 551 (4)). 
Accordingly, the provisions of Executive Order 12866, the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), and the Small Business 
Regulatory Enforcement Fairness Act of 1966 do not apply to this 
notice.
    No new information collection is required as a result of this 
rulemaking action. For any permits or certificates required for re-
export from the United States of this or any other CITES-listed 
species, the Office of Management and Budget has approved the 
collection of information under 44 U.S.C. 3501 et seq. and assigned 
clearance numbers 1018-0093 and 1018-0012.
    This document was prepared by Dr. Bruce MacBryde and Dr. Susan 
Lieberman, Office of Scientific Authority, under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 87 
Stat. 884, as amended).

List of Subjects in 50 CFR Part 23

    Endangered and threatened species, Exports, Imports, Treaties.

Regulation Promulgation

    Accordingly, for the reasons set out above in this document, the 
Service amends Part 23 of Title 50, chapter I, subchapter B, of the 
Code of Federal Regulations as set forth below:

PART 23--ENDANGERED SPECIES CONVENTION

    1. The authority citation for Part 23 continues to read as follows:

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

    2. Section 23.23(f) is amended in the table by revising the entry 
for Swietenia macrophylla under the plant family Meliaceae to read as 
follows:


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

* * * * *
    (f) * * *

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                                                                                                        First
                                                                                                       listing
                 Species                           Common name                    Appendix               date
                                                                                                     (month/day/
                                                                                                        year)
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                          *         *         *         *         *         *         *
              Plant Kingdom.               PLANTS.....................
                          *         *         *         *         *         *         *
Family Meliaceae                           Mahogany family
                          *         *         *         *         *         *         *
    Swietenia macrophylla populations in   Bigleaf mahogany             III (Bolivia, Brazil, Costa     11/16/95
     the Americas (including logs, sawn                                  Rica)
     wood, and veneer sheets, but no
     other parts or derivatives, e.g.,
     products).
                          *         *         *         *         *         *         *
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    Dated: October 13, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-28927 Filed 10-29-98; 8:45 am]
BILLING CODE 4310-55-P