[Federal Register Volume 69, Number 7 (Monday, January 12, 2004)]
[Notices]
[Pages 1757-1761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-537]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Conference of the Parties to the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Thirteenth 
Regular Meeting; Proposed Resolutions, Decisions, and Agenda Items 
Being Considered; Taxa Being Considered for Amendments to the CITES 
Appendices; Public Meeting; Observer Information

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The United States, as a Party to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), may submit proposed resolutions, decisions, and agenda items 
for consideration at meetings of the Conference of the Parties to 
CITES. The United States may also propose amendments to the CITES 
Appendices for consideration at meetings of the Conference of the 
Parties. The thirteenth regular meeting of the Conference of the 
Parties to CITES (COP13) will be held in Bangkok, Thailand, October 2-
14, 2004.
    With this notice, we: list proposed resolutions, proposed 
decisions, and agenda items that the United States is considering 
submitting for consideration at COP13; list proposed amendments to the 
CITES Appendices (species proposals) that the United States is 
considering submitting for consideration at COP13; invite your comments 
and information on these potential proposals; announce a public meeting 
to discuss these potential proposals; and provide information on how 
non-governmental organizations based in the United States can attend 
COP13 as observers. We have posted an extended version of this notice 
on our Web site at http://international.fws.gov, with text describing 
each of these issues and explaining the rationale for the tentative 
U.S. position on each issue.

DATES: The public meeting will be held on February 5, 2004, at 1:30 
p.m. We will consider written information and comments you submit 
concerning potential species proposals, proposed resolutions, proposed 
decisions, and agenda items that the United States is considering 
submitting for consideration at COP13, and other items relating to 
COP13, if we receive them by March 12, 2004.

ADDRESSES: Public Meeting: The public meeting will be held in the 
Rachel Carson Room, in the Department of the Interior at 18th and C 
Streets, NW., Washington, DC. Directions to the building can be 
obtained by contacting the Division of Management Authority (see FOR 
FURTHER INFORMATION CONTACT, below).
    Please note that the Rachel Carson Room is accessible to the 
handicapped and all persons planning to attend the meeting will be 
required to present photo identification when entering the building. 
Persons who plan to attend the meeting and who require interpretation 
for the hearing impaired should notify the Division of Management 
Authority as soon as possible.
    Comment Submission: Comments pertaining to proposed resolutions, 
proposed decisions, and/or agenda items should be sent to the Division 
of Management Authority; U.S. Fish and Wildlife Service; 4401 North 
Fairfax Drive; Room 700; Arlington, VA 22203; or via E-mail at: 
[email protected]; or via fax at: 703-358-2298. Comments pertaining to 
species proposals should be sent to the Division of Scientific 
Authority; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive; 
Room 750; Arlington, VA 22203; or via E-mail at: 
[email protected]; or via fax at: 703-358-2276. Comments and 
materials received will be available for public inspection, by 
appointment, from 8 a.m. to 4 p.m., Monday through Friday, at either 
the Division of Management Authority or the Division of Scientific 
Authority.

FOR FURTHER INFORMATION CONTACT: For information pertaining to 
resolutions, decisions, and agenda items: Peter O. Thomas, Chief, 
Division of Management Authority; phone: 703-358-2095; fax: 703-358-
2298; E-mail: [email protected]. For information pertaining to species 
proposals: Robert R. Gabel, Chief, Division of Scientific Authority; 
phone 703-358-1708; fax 703-358-2276; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, hereinafter referred to as CITES or the Convention, is 
an international treaty designed to control and regulate international 
trade in certain animal and plant species that are now or potentially 
may be threatened with extinction. These species are listed in 
Appendices to CITES, which are available on the CITES Secretariat's Web 
site at http://www.cites.org/eng/append/index.shtml. Currently, 164 
countries, including the United States, are Parties to CITES. The 
Convention calls for

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biennial meetings of the Conference of the Parties, which reviews its 
implementation, makes provisions enabling the CITES Secretariat in 
Switzerland to carry out its functions, considers amendments to the 
list of species in Appendices I and II, considers reports presented by 
the Secretariat, and makes recommendations for the improved 
effectiveness of CITES. Any country that is a Party to CITES may 
propose amendments to Appendices I and II, resolutions, decisions, and/
or agenda items for consideration by all the Parties.
    This is our second in a series of Federal Register notices that, 
together with announced public meetings, provide you with an 
opportunity to participate in the development of the U.S. negotiating 
positions for the thirteenth regular meeting of the Conference of the 
Parties to CITES (COP13). We published our first such Federal Register 
notice on June 19, 2003 (68 FR 36831), and with it we requested 
information and recommendations on species proposals, proposed 
resolutions, proposed decisions, and agenda items for the United States 
to consider submitting for consideration at COP13.
    You may obtain information on that Federal Register notice from the 
following sources: for information on proposed resolutions, proposed 
decisions, and agenda items, contact the Division of Management 
Authority at the above address; and for information on species 
proposals, contact the Division of Scientific Authority at the above 
address. Our regulations governing this public process are found in 50 
CFR 23.31-23.39.
    COP13 is scheduled to be held in Bangkok, Thailand, October 2-14, 
2004.

I. Recommendations for Resolutions, Decisions, and Agenda Items for the 
United States To Consider Submitting for COP13

    In our Federal Register notice published on June 19, 2003 (68 FR 
36831), we requested information and recommendations on potential 
resolutions, decisions, and agenda items for the United States to 
submit for consideration at COP13. We received recommendations for 
resolutions, decisions, and agenda items from the following 
organizations: Defenders of Wildlife; TRAFFIC North America; and the 
World Wildlife Fund.
    We considered all of the recommendations of the above 
organizations, as well as the U.S. approach for COP13 discussed in our 
June 19, 2003, Federal Register notice, when compiling a list of 
possible resolutions, decisions, and agenda items that the United 
States is likely to submit for consideration by the Parties at COP13, 
and lists of resolutions, decisions, and agenda items for consideration 
at COP13 that the United States either is currently undecided about 
submitting, is not considering submitting at this time, or plans to 
address in other ways. The United States may consider submitting 
documents for some of the issues for which it is currently undecided or 
not considering submitting at this time, depending on the outcome of 
discussions of these issues in the CITES Animals, Plants, and Standing 
Committees, or additional consultations with range country governments 
and knowledgeable experts.
    Please note that, in sections A, B, and C below, we have listed 
only those resolutions, decisions, and agenda items that the United 
States is likely to submit, currently undecided about submitting, or 
currently not planning to submit. We have posted an extended version of 
this notice on our Web site at http://international.fws.gov, with text 
describing each of these issues and explaining the rationale for the 
tentative U.S. position on each issue. Copies of the extended version 
of the notice are also available from the Division of Management 
Authority at the above address.
    We welcome your submissions of comments and information regarding 
the resolutions, decisions, and agenda items that the United States is 
likely to submit, currently undecided about submitting, or currently 
planning not to submit.

A. What Resolutions, Decisions, and Agenda Items Is the United States 
Likely To Submit for Consideration at COP13?

    1. A discussion document or proposed resolution on the issue of 
``introduction from the sea.''
    2. A proposed revision of Resolution Conf. 4.25, on effects of 
reservations.
    3. A proposed revision of Resolution Conf. 5.11, on the definition 
of the term ``pre-Convention specimen.''
    4. A proposed revision of Resolution Conf. 10.13, on implementation 
of the Convention for timber species, to address plywood.
    5. A proposed revision of Resolution Conf. 9.21, on quotas for 
Appendix-I species.

B. On What Resolutions, Decisions, and Agenda Items Is the United 
States Still Undecided, Pending Additional Information and 
Consultations?

    1. Agenda item to allow reports on activities related to seahorse 
management.
    2. Document on the issue of cooperation between CITES and the Food 
and Agriculture Organization of the United Nations (FAO).
    3. Proposed resolution or discussion document on whaling and whale 
stocks.
    4. Document on the Implementation Working Group.
    5. Proposed revision of Resolution Conf. 12.3, to include timber 
identification marks and numbers on CITES timber permits and 
certificates.
    6. Proposed revision of Resolution Conf. 11.11, on regulation of 
trade in plants.
    7. Proposed resolution on the facilitated movement of samples.
    8. Document on Appendix-II export quotas.
    9. Proposed resolution clarifying the use of the ``ranching'' code 
on CITES permits and certificates.

C. What Resolutions, Decisions, and Agenda Items Is the United States 
Not Planning To Submit for Consideration at COP13, Unless We Receive 
Significant Additional Information?

    1. Document on the live reef food fish trade.
    2. Document to provide guidance concerning trade with non-Parties.
    3. Agenda items to discuss the issues of clarification of the term 
``primarily commercial purposes'' and the relationship between in situ 
and ex situ conservation for Appendix-I species.
    4. Agenda item to discuss the issue of the authority and scope of 
activity for the CITES Secretariat.
    5. Agenda item to discuss model Terms of Reference for CITES 
working groups.

II. Recommendations for Species Proposals for the United States to 
Consider Submitting for COP13

    In our Federal Register notice of June 19, 2003 (68 FR 36831), we 
requested information and recommendations on potential species 
amendments for the United States to consider proposing for COP13. We 
received recommendations from the public for possible proposals 
involving 46 taxa (1 family and 45 individual species). We note, 
however, that a number of comments involved statements of support or 
disagreement for given species proposals, with no biological or trade 
information supporting such statements. We have

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undertaken initial assessments of the available trade and biological 
information on all of these taxa. Based on these assessments, we have 
made provisional determinations of whether or not to proceed with the 
development of proposals to list or delist species, or transfer them 
from one Appendix to another. These determinations were made by 
considering the quality of biological and trade information available 
on the species; the presence, absence, and effectiveness of other 
mechanisms that may preclude the need for a CITES listing (e.g., range 
country actions or other international agreements); and availability of 
resources. Furthermore, our assignment of a taxon to one of these 
categories, which reflects the likelihood of our submitting a proposal, 
included consideration of the following factors, which reflect the U.S. 
approach for COP13 discussed in our June 19, 2003, Federal Register 
notice:
    (1) Is it a native U.S. species that is or may be significantly 
affected by trade, or if it is a currently listed U.S. species, does 
the listing accurately reflect the biological and trade status of the 
species?
    (2) Is it a native U.S. species that is not at this time 
significantly impacted by trade within the United States, but is being 
significantly impacted elsewhere in its range?
    (3) Is it a foreign species, not native to the United States, but 
which is or may be significantly affected by trade, and the United 
States is a significant component of the trade (i.e., as an importing 
country)?
    (4) Is it a species for which the United States is neither a range 
country nor a country significantly involved in trade, but for which 
trade is a serious threat to the continued existence of the species, 
other mechanisms are lacking or ineffective for bringing trade under 
control, and action is urgently needed?
    In sections A, B, and C below, we have listed the current status of 
each species proposal recommended by the public, as well as species 
proposals we have been developing on our own. Please note that we have 
only listed these possible proposals. We have posted an extended 
version of this notice on our Web site at http://international.fws.gov, 
with text describing each possible proposal and explaining the 
rationale for the tentative U.S. position on each possible proposal. 
Copies of the extended version of the notice are also available from 
the Division of Management Authority at the above address.

A. What Species Proposals Is the United States Likely To Submit for 
Consideration at COP13?

    The United States is likely to develop and submit proposals for the 
following taxa. We welcome your comments, especially any biological or 
trade information on these species. For each species, more detailed 
information is on file with the Division of Scientific Authority. For 
some of the species below, particularly those not native to the United 
States, additional consultations with range countries and knowledgeable 
experts are proceeding (see discussion), and final decisions are 
pending, based on the outcomes of those consultations and any 
additional information received.
Plants
    1. Asian yews (Taxus spp.)--Proposal for inclusion of additional 
species in Appendix II and removal of the annotation from Taxus 
wallichiana.
Fish
    2. Humphead wrasse (Cheilinus undulatus)--Proposal for inclusion in 
Appendix II.
Reptiles and Amphibians
    3. Asian Freshwater Turtles and Tortoises--Proposals for inclusion 
in Appendices I and II.
Birds
    4. Bald eagle (Haliaeetus leucocephalus)--Proposal for transfer 
from Appendix I to Appendix II.
    5. Black-winged lovebird (Agapornis taranta) and peach-faced 
lovebird (Agapornis roseicollis)--Proposal for removal from Appendix 
II.

B. On What Species Proposals is the United States Still Undecided, 
Pending Additional Information and Consultations?

    The United States is still undecided on whether to submit proposals 
for COP13 for the following taxa. In some cases, we have not completed 
our consultations with relevant range countries. In other cases, 
meetings of experts are expected to occur in the immediate future and 
generate important recommendations, trade analyses, or biological 
information on the taxon in question. For each species, more detailed 
information is available from the Division of Scientific Authority. We 
welcome your comments, and especially any biological and trade 
information on these species.
Invertebrates
    1. Sea cucumbers (Families Holothuridae and Stichopodidae)--Action 
awaiting outcome of workshop in early 2004.
    2. Eastern Hemisphere tarantulas (Poecilotheria spp.)--Proposal for 
inclusion in Appendix II.
Fish
    3. Spiny dogfish (Squalus acanthias)--Proposal for inclusion in 
Appendix II.
    4. Sharks (Class Chondrichthyes)--Proposal for inclusion in 
Appendix II.
Birds.
    5. Painted bunting (Passerina ciris)--Proposal for inclusion in 
Appendix I or II.
    6. Finsch's amazon (Amazona finschi)--Proposal for transfer from 
Appendix II to Appendix I.
    7. African grey parrot (Psittacus erithacus)--Proposal to transfer 
from Appendix II to Appendix I.
Mammals
    8. Bobcat (Lynx rufus)--Proposal for removal from Appendix II.

C. What Species Proposals is the United States Not Planning to Submit 
for Consideration at COP13, Unless It Receives Significant Additional 
Information?

    The United States does not intend to submit proposals for the 
following taxa unless we receive significant additional information 
indicating that a proposal is warranted. Information currently 
available for each of the taxa listed below does not support a 
defensible listing proposal. We welcome your comments, especially any 
biological and trade information on these species that may cause us to 
reconsider the submission of a proposal. For each species, more 
detailed information is available from the Division of Scientific 
Authority.
Plants
    1. Alerce (Fitzroya cupressoides)--Proposal for transfer from 
Appendix I to Appendix II.
Fish
    2. Orange roughy (Hoplostethus atlanticus)--Proposal for inclusion 
in Appendix II.
    3. Patagonian toothfish (Dissostichus eleginoides) and Antarctic 
toothfish (Dissostichus mawsonii)--Proposal for inclusion in Appendix 
II.
    4. White shark (Carcharadon carcharias)--Proposal for inclusion in 
Appendix I or II.
    5. Hound sharks (Family Triakidae)--Proposal for inclusion in 
Appendix II.

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Birds
    6. Loggerhead shrike (Lanius ludovicianus), lark sparrow 
(Chondestes grammacus), and black-throated sparrow (Amphispiza 
bilineata)--Proposal for inclusion in Appendix I; curve-billed thrasher 
(Toxostoma curvirostre), lark bunting (Calamospiza melanocorys), white-
crowned sparrow (Zonotrichia leucophrys), Northern cardinal (Cardinalis 
cardinalis), pyrrhuloxia (Cardinalis sinuatus), blue grosbeak (Guiraca 
caerulea), lazuli bunting (Passerina amoena), indigo bunting 
(Passerina), dickcissel (Spiza americana), orchard oriole (Icterus 
spurious), pine siskin (Carduelis pinus), lesser goldfinch (Carduelis 
psaltria), and American goldfinch (Carduelis tristis)--Proposal for 
inclusion in Appendix II.
    7. Yellow-crested cockatoo (Cacatua sulphurea)--Proposal for 
transfer from Appendix II to Appendix I.
Mammals
    8. Saiga antelope (Saiga tatarica)--Proposal for transfer from 
Appendix II to Appendix I.

Request for Information and Comments

    We invite any information and comments concerning any of the 
possible COP13 species proposals, resolutions, decisions, and agenda 
items discussed above. You must submit your information and comments to 
us no later than March 12, 2004, to ensure that we consider them.

Announcement of Public Meeting

    We announce that we will hold a public meeting to discuss with you 
species proposals, as well as proposed resolutions, proposed decisions, 
and agenda items that the United States is considering submitting for 
consideration at COP13. The public meeting will be held on February 5, 
2004, from 1:30 p.m. to 4 p.m. in the Rachel Carson Room of the 
Department of the Interior at 18th and C Streets, NW., Washington, DC. 
You can obtain directions to the building by contacting the Division of 
Management Authority (see FOR FURTHER INFORMATION CONTACT, above). The 
Rachel Carson Room is accessible to the handicapped. Persons planning 
to attend the meeting who require interpretation for the hearing 
impaired should notify the Division of Management Authority as soon as 
possible.

Observers

    Article XI, paragraph 7 of CITES states the following:
    ``Any body or agency technically qualified in protection, 
conservation or management of wild fauna and flora, in the following 
categories, which has informed the Secretariat of its desire to be 
represented at meetings of the Conference by observers, shall be 
admitted unless at least one-third of the Parties present object:
    (a) international agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
    (b) national non-governmental agencies or bodies which have been 
approved for this purpose by the State in which they are located.
    Once admitted, these observers shall have the right to participate 
but not to vote.''
    Persons wishing to be observers representing international non-
governmental organizations (which must have offices in more than one 
country) at COP13 may request approval directly from the CITES 
Secretariat. Persons wishing to be observers representing U.S. national 
non-governmental organizations at COP13 must receive prior approval 
from our Division of Management Authority. Once we grant our approval, 
a U.S. national non-governmental organization is eligible to register 
with the Secretariat and must do so at least one month prior to the 
opening of COP13 to participate in COP13 as an observer. Individuals 
who are not affiliated with an organization may not register as 
observers. An international non-governmental organization with at least 
one office in the United States may register as a U.S. non-governmental 
organization if it prefers.
    A request submitted to us for approval as an observer should 
include evidence of technical qualifications in protection, 
conservation, or management of wild fauna and/or flora, on the part of 
both the organization and the individual representative(s). The request 
should also include copies of the organization's charter and/or bylaws, 
and a list of representatives it intends to send to COP13. An 
organization that we have previously approved as an observer at a 
meeting of the Conference of the Parties within the past 5 years must 
submit a request, but does not need to provide as much detailed 
information concerning its qualifications as an organization seeking 
approval for the first time. Organizations seeking approval for the 
first time should detail their experience in the protection, 
conservation, or management of wild fauna and/or flora, as well as 
their purposes for wishing to participate in COP13 as an observer. 
These requests should be sent to the Division of Management Authority 
(see ADDRESSES, above).
    Once we approve an organization as an observer, we will send the 
organization instructions for registration with the CITES Secretariat 
in Switzerland, including a meeting registration form and relevant 
travel and hotel information. Any organization requesting approval for 
observer status at COP13 will be added to our CITES Mailing List if it 
is not already included, and will receive notice of all future Federal 
Register notices and other information pertaining to COP13. A list of 
organizations approved for observer status at COP13 will be available 
upon request from the Division of Management Authority just prior to 
the start of COP13.

Future Actions

    We expect the CITES Secretariat to provide us with a provisional 
agenda for COP13 within the next several months. Once we receive the 
provisional agenda, we will publish it in a Federal Register notice. We 
will also provide it through our Web site at http://international.fws.gov.
    The United States must and will submit any species proposals, 
proposed resolutions, proposed decisions, and agenda items for 
consideration at COP13 to the CITES Secretariat 150 days prior to the 
start of the meeting (i.e., by May 5, 2004). We will consider all 
available information and comments, including those presented at the 
public meeting (see DATES above) or received in writing during the 
comment period, in deciding which species proposals, proposed 
resolutions, proposed decisions, and agenda items warrant submission by 
the United States for consideration by the Parties. Approximately 4 
months prior to COP13, we will post on our Web site an announcement of 
the species proposals, proposed resolutions, proposed decisions, and 
agenda items submitted by the United States to the CITES Secretariat 
for consideration at COP13.
    Through an additional notice and Web site posting in advance of 
COP13, we will inform you about preliminary negotiating positions on 
resolutions, decisions, and amendments to the Appendices proposed by 
other Parties for consideration at COP13. We will also publish an 
announcement of a public meeting tentatively to be held approximately 2 
months prior to COP13, to receive public input on our positions 
regarding COP13 issues.
    Author: The primary authors of this notice are Mark Albert, 
Division of Management Authority; and Karen Anderson, Division of 
Scientific Authority; under the authority of the

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U.S. Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.).

    Dated: December 31, 2003.
Steve Williams,
Director.
[FR Doc. 04-537 Filed 1-9-04; 8:45 am]
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