[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65126-65129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18722]


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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); Fourteenth 
Regular Meeting; Proposed Resolutions, Decisions, and Agenda Items 
Being Considered; Taxa Being Considered for Amendments to the CITES 
Appendices; Public Meeting; Request for Comments or Information; 
Observer Information

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: We, 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. We may also propose amendments to the CITES Appendices for 
consideration at meetings of the Conference of the Parties. The 
fourteenth regular meeting of the Conference of the Parties to CITES 
(CoP14) will be held in The Hague, Netherlands, June 3-15, 2007.
    With this notice, we, the Fish and Wildlife Service (the Service): 
describe proposed resolutions, decisions, and agenda items that the 
United States is considering submitting for consideration at CoP14; 
describe proposed amendments to the CITES Appendices (species 
proposals) that the United States is considering submitting for 
consideration at CoP14; invite your comments and information on these 
proposals; announce a public meeting to discuss these proposals; and 
provide information on how non-governmental organizations based in the 
United States can attend CoP14 as observers.

DATES: The public meeting will be held on December 11, 2006, at 1:30 
p.m. We will consider written information and comments you submit 
concerning potential species proposals, and proposed resolutions, 
decisions, and agenda items that the United States is considering 
submitting for consideration at CoP14, and other items relating to 
CoP14, if we receive them by December 22, 2006.

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). 
Due to building security in the Department of the Interior, persons 
planning to attend the meeting must notify the Division of Management 
Authority by December 8, 2006, to allow us sufficient time to provide 
the building security staff with a list of persons planning to attend. 
For more information, see ``Announcement of Public Meeting'' under 
SUPPLEMENTARY INFORMATION.

Comment Submission

    Comments pertaining to proposed resolutions, 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.

FOR FURTHER INFORMATION CONTACT: For information pertaining to proposed 
resolutions, decisions, and agenda items contact: Acting Chief, 
Division of Management Authority, Branch of CITES Operations; phone 
703-358-2095; fax 703-358-2298; E-mail: [email protected]. For information 
pertaining to species proposals contact: 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 become 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/app/index.shtml. Currently, 169 
countries, including the United States, are Parties to CITES. The 
Convention calls for 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, 
and 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 CoP14. We published our first CoP14-related Federal 
Register notice on January 20, 2006 (71 FR 3319), and with it we 
requested information and recommendations on species proposals and 
proposed resolutions, decisions, and agenda items for the United States 
to consider submitting for consideration at CoP14. You may obtain 
information on that Federal Register notice from the following sources: 
for information on proposed resolutions, decisions, and agenda items, 
contact the Division of Management Authority (ADDRESSES); and for 
information on species proposals, contact the Division of Scientific 
Authority (ADDRESSES). Our regulations governing this public process 
are found in 50 CFR 23.31-23.39.
    CoP14 is scheduled to be held in The Hague, Netherlands, June 3-15, 
2007.

I. Recommendations for Resolutions, Decisions, and Agenda Items for the 
United States To Consider Submitting for CoP14

    In our Federal Register notice published on January 20, 2006 (71 FR

[[Page 65127]]

3319), we requested information and recommendations on potential 
resolutions, decisions, and agenda items for the United States to 
submit for consideration at CoP14. We received recommendations for 
resolutions, decisions, and agenda items from the following 
organizations: the Species Survival Network (SSN), the International 
Environmental Law Project (IELP), and the American Herbal Products 
Association (AHPA).
    We considered all of the recommendations of the above 
organizations, as well as the factors described in the U.S. approach 
for CoP14 discussed in our January 20, 2006, 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 CoP14; and lists of resolutions, decisions, and agenda 
items for consideration at CoP14 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 on some of the issues for which it is 
currently undecided or not considering submitting at this time, 
depending on comments received and 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://www.fws.gov/international, 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 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 CoP14?

    1. Proposal to amend Resolutions Conf. 11.21 and Conf. 9.25 (Rev.) 
regarding use of annotations in Appendices II and III.
    2. Discussion document to call for a review of the effectiveness of 
the CITES universal crocodilian tagging system (Res. Conf. 11.12).
    3. Proposed decision for Parties to develop guidelines on the 
definition and use of purpose codes.
    4. Discussion document regarding the procedures for changing text 
in the ``Interpretation'' section of the Appendices.
    5. Resolution on the cooperation between CITES and the 
International Tropical Timber Organization (ITTO).
    6. Document on production systems, including recommendations 
pertaining to use of the ``ranching'' code on CITES permits and 
certificates.

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

    1. Document strengthening the implementation of nationally 
established export quotas.
    2. Resolution or discussion document on wildlife trade and the 
spread of infectious diseases.
    3. Discussion document or proposed resolution on the issue of 
``introduction from the sea.''
    4. Discussion document on the tiger conservation crisis and efforts 
to halt illegal trade in tigers.
    5. Discussion document regarding monitoring and control of 
international trade in caviar in customs-free zones and for airline and 
cruiseline catering.
    6. Document welcoming the launch of the Coalition Against Wildlife 
Trafficking.
    7. Resolution or discussion document concerning whaling and whale 
stocks under the competence of the International Whaling Commission 
(IWC).

C. What Resolutions, Decisions, and Agenda Items Is the United States 
Not Planning To Submit for Consideration at CoP14 Unless We Receive 
Significant Additional Information?

    1. Document clarifying the role of non-detriment findings when 
establishing export quotas.
    2. Proposed resolution establishing and clarifying guidelines for 
making non-detriment findings for the import of Appendix-I, and the 
export of Appendix-I and -II, species.
    3. Draft decision encouraging Parties to implement National 
Enforcement Action Plans (NEAPs).
    4. Resolution to suspend trade in bigleaf mahogany (Swietenia 
macrophylla) from Peru.
    5. Resolution to create an action plan on Internet trade in 
wildlife.
    6. Revision of Resolution Conf. 12.3 (Rev. CoP13) on permit 
verification requirements.
    7. Proposed revision of Annotation 10 for plants listed in 
Appendix II or III.

II. Recommendations for Species Proposals for the United States To 
Consider Submitting at CoP14

    In our Federal Register notice of January 20, 2006 (71 FR 3319), we 
requested information and recommendations on potential species 
proposals for the United States to consider submitting for CoP14. We 
received recommendations from the public for possible proposals 
involving 18 taxa. We have 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 CoP14 discussed in our 
January 20, 2006, 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?

[[Page 65128]]

    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://www.fws.gov/international, 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.
    In addition to the species proposals recommended by the public, we 
are considering whether to submit proposals on five additional species 
based on work being done by the United States as part of the review of 
the Appendices by the CITES Animals and Plants Committees.

A. What Species Proposals Is the United States Likely To Submit for 
Consideration at CoP14?

    The United States is likely to develop and submit proposals for the 
following taxa. We welcome your comments, especially if you are able to 
provide any additional biological or trade information on these 
species. For each species, more detailed information is on file in the 
Division of Scientific Authority than is presented on our Website. 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. Furthermore, some of these proposals 
have arisen from the Review of the Appendices by the CITES Animals and 
Plants Committees.
Plants
    1. Taxus cuspidata--Annotate to exclude specimens of the hybrid 
Taxus x media and all cultivars thereof.
Invertebrates
    2. Pink and red coral (Corallium spp.)--List in Appendix II.
Fish
    3. Sawfishes (Pristidae)--List in Appendix I.

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 CoP14 for the following taxa. In some cases, we have not completed 
our consultations with relevant range countries. In other cases, we 
expect meetings to occur in the immediate future at which participants 
will generate important recommendations, trade analyses, or biological 
information on the taxon in question. For each species, more detailed 
information is available in the Division of Scientific Authority than 
is presented on our Web site. We welcome your comments, especially if 
you are able to provide any additional biological and trade information 
on these species. On our Web site, we delineate what additional 
information we are seeking or have sought to assist us in making our 
decision.
Plants
    1. Dehesa bear-grass (Nolina interrata)--Transfer from Appendix I 
to Appendix II.
    2. Arizona agave or New River agave (Agave arizonica)--Transfer 
from Appendix I to Appendix II.
    3. Santa Cruz striped agave (Agave parviflora)--Transfer from 
Appendix I to Appendix II.
    4. Oconee bells (Shortia galacifolia)--Remove from Appendix II.
Fish
    5. Porbeagle shark (Lamna nasus)--List in Appendix II.
    6. Devil and manta rays (Family Mobulidae)--List in Appendix I or 
II.
    7. Banggai cardinalfish (Pterapogon kauderni)--List in Appendix I 
or II.
Birds
    8. Gyrfalcon (Falco rusticolus)--Transfer the North American 
population from Appendix I to Appendix II.
Mammals
    9. Bobcat (Lynx rufus)--Remove from Appendix II.

C. What Species Proposals Is the United States Not Planning To Submit 
for Consideration at CoP14, Unless We Receive 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 in the Division of Scientific 
Authority than is presented on our Website, where we describe external 
factors that diminish the need for a U.S. listing proposal, as well as 
critical information gaps that prohibit us from developing a proposal.
Plants
    1. American ginseng (Panax quinquefolius)--Remove from Appendix II.
    2. Goldenseal (Hydrastis canadensis)--Remove from Appendix II.
Invertebrates
    3. Perlemoen (Haliotis midae)--Action to protect the species.
Fish
    4. Spiny dogfish (Squalus acanthias)--List in Appendix II.
    5. Orange roughy (Hoplostethus atlanticus)--List in Appendix II.
Amphibians
    6. Morelet's or black-eyed tree frog (Agalychnis moreletii)--
Include in an Appendix.
    7. Madagascar microhylid frogs (Scaphiophryne species)--Include in 
Appendix II.
Reptiles
    8. Central American river turtle (Dermatemys mawii)--Transfer from 
Appendix II to Appendix I.
    9. Parson's chameleon (Calumma parsonii parsonii)--Transfer from 
Appendix II to Appendix I.
Birds
    10. Timneh grey parrot (Psittacus erithacus timneh)--Transfer from 
Appendix II to Appendix I.

Request for Information and Comments

    We invite any information and comments concerning any of the 
possible CoP14 species proposals, resolutions, decisions, and agenda 
items discussed above. You must submit your information and comments to 
us no later than the date specified in DATES. 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.
    Our practice is to make comments, including names and home 
addresses of

[[Page 65129]]

respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. There also may be circumstances in which we would withhold from 
the rulemaking record a respondent's identity, as allowable by law. If 
you wish us to withhold your name and/or address, you must state this 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

Announcement of Public Meeting

    We will hold a public meeting to discuss with you species 
proposals, as well as proposed resolutions, decisions, and agenda items 
that the United States is considering submitting for consideration at 
CoP14. The public meeting will be held on the date specified in DATES 
at the address specified in ADDRESSES. You can obtain directions to the 
building by contacting the Division of Management Authority (see FOR 
FURTHER INFORMATION CONTACT, above). 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. Due to building security in the Department 
of the Interior, persons planning to attend the meeting must notify the 
Division of Management Authority by December 8, 2006. 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.

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 CoP14 may request approval directly from the CITES 
Secretariat. Persons wishing to be observers representing U.S. national 
non-governmental organizations at CoP14 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 CoP14 to participate 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 CoP14. 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 CoP14 as an observer. 
These requests should be sent to the Division of Management Authority 
(see ADDRESSES).
    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. A list of organizations approved for 
observer status at CoP14 will be available upon request from the 
Division of Management Authority just prior to the start of CoP14.

Future Actions

    We expect the CITES Secretariat to provide us with a provisional 
agenda for CoP14 within the next several months. Once we receive the 
provisional agenda, we will announce it in a Federal Register notice 
and provide the CITES Secretariat's Web site URL, as well as a link to 
it on our Web site (http://www.fws.gov/international).
    The United States will submit any species proposals, and proposed 
resolutions, decisions, and agenda items for consideration at CoP14 to 
the CITES Secretariat 150 days prior to the start of the meeting (i.e., 
by January 4, 2007). We will consider all available information and 
comments, including those presented at the public meeting (see DATES) 
or received in writing during the comment period, as we decide which 
species proposals, and proposed resolutions, decisions, and agenda 
items warrant submission by the United States for consideration by the 
Parties. Approximately 4 months prior to CoP14, we will post on our Web 
site an announcement of the species proposals, and proposed 
resolutions, decisions, and agenda items submitted by the United States 
to the CITES Secretariat for consideration at CoP14.
    Through an additional notice and Web site posting in advance of 
CoP14, we will inform you about preliminary negotiating positions on 
resolutions, decisions, agenda items and amendments to the Appendices 
proposed by other Parties for consideration at CoP14. We will also 
publish an announcement of a public meeting tentatively to be held 
approximately 2 months prior to CoP14, to receive public input on our 
positions regarding items submitted by other Parties.
    Authors: The primary authors of this notice are Frank Kohn and 
Clifton Horton, Division of Management Authority; under the authority 
of the U.S. Endangered Species Act of 1973, as amended (16 U.S.C. 1531 
et seq.).

Marshall P. Jones, Jr.,
Acting Director.
[FR Doc. E6-18722 Filed 11-6-06; 8:45 am]
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