[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Notices]
[Pages 45260-45264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15828]


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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); Amendments 
to Appendices I and II Adopted by the Conference of the Parties to 
CITES at Its Fourteenth Regular Meeting (CoP14)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.

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SUMMARY: This notice announces the amendments to Appendices I and II 
adopted by the Conference of the Parties (CoP) to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) at its fourteenth regular meeting (CoP14). The meeting was held 
in The Hague, The Netherlands, June 3-15, 2007. In this notice we list 
those amendments that were adopted by the Parties at the meeting. We 
also invite public input on whether the United States should take a

[[Page 45261]]

reservation on the amendments (with the exception of species deleted 
from the Appendices) that were adopted at the meeting. To date, the 
United States has entered no reservations to any CITES listing. The 
amendments to CITES Appendices I and II described in this notice enter 
into effect on September 13, 2007.

DATES: In determining whether the United States should take a 
reservation on any of the amendments (with the exception of species 
deleted from the Appendices) to the CITES Appendices adopted at CoP14, 
we will consider written information and comments submitted by 
September 12, 2007.

ADDRESSES: Comments: Submit your comments concerning whether the United 
States should take a reservation on the amendments to the CITES 
Appendices (with the exception of species deleted from the Appendices) 
adopted at CoP14 by any one of the following methods:
     By mail or hand-delivery to Division of Scientific 
Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, 
Room 750, Arlington, VA 22203;
     By e-mail to [email protected]; or
     By fax to 703-358-2276.
    Comments and materials we receive will be available for public 
inspection, from 8 a.m. to 4 p.m., Monday through Friday, at the street 
address given above.
    Available Information: You may obtain information concerning the 
resolutions and decisions adopted at CoP14, including the full text of 
the CITES resolutions discussed in this notice:
     On the official Web site of the CITES Secretariat at 
http://www.cites.org (click on Conference of the Parties);
     By mailing a request to Division of Management Authority, 
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700, 
Arlington, VA 22203;
     By e-mailing a request to [email protected]; or
     By faxing a request to 703-358-2095.

FOR FURTHER INFORMATION CONTACT: For information pertaining to the 
discussions of proposed resolutions, decisions, and agenda items at 
CoP14 contact: Robert R. Gabel, Chief, Division of Management Authority 
(see ADDRESSES, above). For more information pertaining to the 
discussions of proposed amendments to the Appendices considered at 
CoP14, contact: Acting Chief, Division of Scientific Authority (see 
ADDRESSES, above).

SUPPLEMENTARY INFORMATION:

Background

    The Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (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 due to trade. These species are listed in the 
Appendices to CITES, which are available on the CITES Secretariat's Web 
site (http://www.cites.org/eng/app/index.shtml). Currently, 172 
countries, including the United States, are Parties to CITES. The 
Convention calls for regular meetings of the Conference of the Parties 
(CoP) to review issues pertaining to implementation, make provisions 
enabling the CITES Secretariat in Switzerland to carry out its 
functions, consider amendments to the list of species in Appendices I 
and II, consider reports presented by the Secretariat, and to make 
recommendations to improve the effectiveness of CITES. Any country that 
is a Party to CITES may propose and vote on amendments to Appendices I 
and II (species proposals), draft resolutions and decisions, and agenda 
items submitted for consideration by the Conference of the Parties. 
Accredited nongovernmental organizations (NGOs) may participate in the 
meeting as approved observers and may speak during sessions when 
recognized by the meeting Chairperson, but they may not vote or submit 
proposals.
    In this notice we announce the amendments to Appendices I and II 
adopted by the Parties at CoP14, held in The Hague, The Netherlands, 
June 3-15, 2007, and also invite public input on whether the United 
States should take a reservation on any of the amendments to the 
Appendices (with the exception of species deleted from the Appendices) 
adopted by the Parties at CoP14.
    This is our fifth notice in a series of Federal Register notices 
relating to CoP14. We published our first CoP14-related Federal 
Register notice on January 20, 2006 (71 FR 3319), to request 
information and recommendations on species proposals, draft resolutions 
and decisions, and agenda items for the United States to consider 
submitting for consideration at CoP14. We published our second Federal 
Register notice on November 7, 2006 (71 FR 65126), to request public 
comments and information on species proposals, draft resolutions and 
decisions, and agenda items that the United States was considering 
submitting for consideration at CoP14. On December 11, 2006, we held a 
public meeting that was announced in our second Federal Register 
notice; at that meeting, we discussed the issues contained in our 
November 7, 2006, Federal Register notice and on our website posting on 
the same topic. In our third Federal Register notice, published on 
February 21, 2007 (72 FR 7904), we announced the provisional agenda for 
CoP14, solicited public comments on items listed in the provisional 
agenda, and announced a second public meeting to discuss the agenda 
items. Our second public meeting was held on April 9, 2007. In our 
fourth CoP14-related Federal Register notice published June 1, 2007 (72 
FR 30606), we announced the tentative U.S. negotiating positions on 
species proposals, draft resolutions and decisions, and agenda items 
submitted by other countries and the CITES Secretariat for 
consideration at CoP14. We also announced that we would publish a 
notice after the conclusion of CoP14 inviting public input on whether 
the United States should take a reservation on any of the amendments to 
the CITES Appendices adopted at CoP14.
    You may obtain information on the above Federal Register notices 
from the following sources. For information on draft resolutions and 
decisions, and agenda items, contact the Division of Management 
Authority (see ADDRESSES, above); for information on species proposals, 
contact the Division of Scientific Authority (see ADDRESSES, above). 
Our regulations governing this public process are found in 50 CFR 
23.31-23.39.

Amendments to the Appendices

    Listed below are the amendments to CITES Appendices I and II 
adopted at CoP14. These amendments include the inclusion of species in 
Appendix I or Appendix II; the transfer of species from one Appendix to 
another; the deletion of species from Appendix I or II; and amendment 
of the annotations of certain CITES-listed species.

[[Page 45262]]



                  Table 1.--Amendments to CITES Appendix I and Appendix II Adopted at the CoP14
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          Proposal               Description of proposal          Submitted by                 Comments
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1...........................  Transfer of Nycticebus        Cambodia 3               ...........................
                               species (slow lorises) from
                               Appendix II to Appendix I.
3...........................  Transfer the Ugandan          Uganda.................  At CoP14, Uganda revised
                               population of leopard                                  the proposal to retain
                               (Panthera pardus) from                                 their leopard population
                               Appendix I to Appendix II                              in Appendix I with an
                               with an annotation that                                annual export quota of 28
                               trade is to be allowed for                             leopards as sport-hunted
                               the exclusive purpose of                               trophies.
                               sport hunting for trophies
                               and skins for personal use,
                               to be exported as personal
                               effects; and with an annual
                               export quota of 50 leopards
                               for the whole country.
Inf. 61.....................  Amendment of the listing      Chad and Zambia, on      The new proposal (CoP14
                               annotation for African        behalf of Africa.        Inf. 61) was developed and
                               elephant (Loxodonta                                    adopted by consensus on
                               africana). The three                                   the agreement that no
                               African elephant proposals                             further proposals to allow
                               (4, 5, and 6) were                                     trade in elephant ivory
                               withdrawn at the CoP, and                              from these populations may
                               replaced by a new proposed                             be submitted to the CoP
                               amendment (CoP14 Inf. 61)                              until 9 years following
                               that would annotate the                                the sale of the approved
                               listings of the populations                            ivory stocks, in
                               of African elephant in                                 accordance with the
                               Appendix II to include                                 provisions set forth in
                               trade in hunting trophies                              Inf. 61.
                               for non-commercial                                    The Parties also decided
                               purposes; trade in live                                that the African elephant
                               animals to appropriate and                             range States shall develop
                               acceptable destinations for                            an overall African
                               Zimbabwe and Botswana, and                             elephant action plan to
                               for in situ conservation                               improve elephant
                               programs for Namibia and                               management, and that the
                               South Africa; trade in                                 CITES Secretariat shall
                               hides; trade in hair; trade                            establish an African
                               in leather goods for                                   elephant fund, to be
                               commercial and non-                                    administered by the CITES
                               commercial purposes for                                Standing Committee, that
                               Botswana, Namibia, and                                 will be applied to
                               South Africa and for non-                              implement the action plan.
                               commercial purposes for                                Import of ekipas and ivory
                               Zimbabwe; trade in marked                              carvings into the United
                               and certified ekipas                                   States is prohibited.
                               (tourist souvenirs) for non-
                               commercial purposes for
                               Namibia and ivory carvings
                               for non-commercial purposes
                               for Zimbabwe; and trade in
                               registered raw ivory for
                               Botswana, Namibia, South
                               Africa, and Zimbabwe from
                               existing stockpiles
                               registered by January 31,
                               2007, subject to certain
                               conditions.
8...........................  Amendment of the annotation   Bolivia................  The proposal amends the
                               of the vicu[ntilde]a                                   annotation to include the
                               (Vicugna vicugna)                                      entire Bolivian
                               population of Bolivia for                              vicu[ntilde]a population
                               the exclusive purpose of                               for wool and products; the
                               allowing international                                 rest of the annotation
                               trade in wool sheared from                             remains unchanged.
                               live vicu[ntilde]as, and in
                               cloth and items made
                               thereof, including luxury
                               handicrafts and knitted
                               articles.
10..........................  Inclusion of Cuvier's         Algeria................  Since 1976, the species had
                               gazelle (Gazella cuvieri)                              been included in Appendix
                               in Appendix I.                                         III at the request of
                                                                                      Tunisia.
12..........................  Inclusion of slender-horned   Algeria................  Since 1976, the species had
                               gazelle (Gazella                                       been included in Appendix
                               leptoceros) in Appendix I.                             III at the request of
                                                                                      Tunisia.
13..........................  Transfer of the Brazilian     Brazil.................  This species is currently
                               population of black caiman                             listed as endangered under
                               (Melanosuchus niger) from                              the U.S. Endangered
                               Appendix I to Appendix II.                             Species Act; therefore,
                                                                                      the import of specimens
                                                                                      into the United States for
                                                                                      commercial purposes is
                                                                                      still prohibited.
14..........................  Transfer Guatemalan beaded    Guatemala                ...........................
                               lizard (Heloderma horridum
                               charlesbogerti) from
                               Appendix II to Appendix I.
17..........................  Inclusion of the Family       Kenya, Nicaragua and     The proposal was amended to
                               Pristidae (7 species of       the United States of     include the species
                               sawfish) in Appendix I.       America.                 Pristis microdon in
                                                                                      Appendix II with the
                                                                                      following annotation: For
                                                                                      the exclusive purpose of
                                                                                      allowing international
                                                                                      trade in live animals to
                                                                                      appropriate and acceptable
                                                                                      aquaria for primarily
                                                                                      conservation purposes. All
                                                                                      other species were
                                                                                      included in Appendix I.
18..........................  Inclusion of European eel     Germany, on behalf of    ...........................
                               (Anguilla anguilla) in        the European Community
                               Appendix II.                  Member States.
22..........................  Deletion of Arizona agave     United States..........  Scientific research has
                               (Agave arizonica) from                                 determined that Arizona
                               Appendix I.                                            agave is a randomly
                                                                                      occurring first-generation
                                                                                      hybrid and not a species.

[[Page 45263]]

 
23..........................  Transfer of Dehesa bear       United States..........  Dehesa bear grass is listed
                               grass (Nolina interrata)                               as endangered under the
                               from Appendix I to Appendix                            California Endangered
                               II.                                                    Species Act; therefore,
                                                                                      the collection and sale of
                                                                                      wild-collected specimens
                                                                                      is prohibited under State
                                                                                      law.
24..........................  Deletion of leaf-bearing      Argentina                ...........................
                               cacti in the genera
                               Pereskia and  Quiabentia
                               from Appendix II.
25..........................  Deletion of leaf-bearing      Mexico                   ...........................
                               cacti in the genus
                               Pereskiopsis from Appendix
                               II.
27..........................  Amendment of the annotations  Switzerland as the       The proposal was produced
                               to Adonis vernalis,           Depositary Government,   by the Medicinal Plant
                               Guaiacum species, Hydrastis   at the request of the    Annotations Working Group
                               canadensis, Nardostachys      Plants Committee.        in consultation with the
                               grandiflora, Panax ginseng,                            CITES Plants Committee,
                               Panax quinquefolius,                                   which was directed by the
                               Picrorhiza kurrooa,                                    Parties to assess the
                               Podophyllum hexandrum,                                 effectiveness of and
                               Pterocarpus santalinus,                                streamline the annotations
                               Rauvolfia serpentina, Taxus                            for CITES-listed medicinal
                               chinensis, T. fuana, T.                                plants.
                               cuspidata, T. sumatrana,
                               and T. wallichiana,
                               Orchidaceae species in
                               Appendix II, and all
                               Appendix-II and -III taxa
                               annotated with annotation
                               1.
28..........................  Deletion of Oconee bells      United States            ...........................
                               (Shortia galacifolia) from
                               Appendix II.
30..........................  Inclusion of pernambuco       Brazil.................  The proposed annotation was
                               (Caesalpinia echinata) in                              amended to exclude
                               Appendix II, including all                             finished bows and buttons
                               parts and derivatives.                                 from CITES controls. The
                                                                                      adopted annotation states:
                                                                                      ``designates logs, sawn
                                                                                      wood, veneer sheets,
                                                                                      including wood articles
                                                                                      used for the fabrication
                                                                                      of bows for stringed
                                                                                      musical instruments.''
35..........................  Amendment of the annotation   Switzerland as the       This proposal will replace
                               to exempt certain             Depositary Government,   confusing language in the
                               artificially propagated       at the request of the    existing taxon-specific
                               hybrids of Orchidaceae        Plants Committee.        orchid hybrid exemptions
                               (interspecific and                                     (referred to as footnote
                               intergeneric hybrids of                                8) with language proposed
                               Cymbidium, Dendrobium,                                 and agreed upon by
                               Phalaenopsis, and Vanda)                               consensus of the Plants
                               included in Appendix II.                               Committee.
37..........................  Deletion of the current       Switzerland as the       The proposed annotation was
                               annotation for Taxus          Depositary Government,   amended to exempt from
                               chinensis, T. fuana, andT.    at the request of the    CITES controls
                               sumatrana, and a new          Standing Committee.      artificially propagated
                               annotation for artificially                            hybrids and cultivars of
                               propagated hybrids and                                 T. cuspidata live in pots.
                               cultivars of T. cuspidata
                               in pots or other small
                               containers to be exempted
                               from CITES controls.
----------------------------------------------------------------------------------------------------------------

Reservations

    In addition to announcing the amendments to CITES Appendices I and 
II that were adopted at CoP14, we invite public input on whether the 
United States should take any reservations on the amendments to the 
CITES Appendices (with the exception of species deleted from the 
Appendices) that were adopted at the meeting. CITES provides a period 
of 90 days from the close of a meeting of the CoP for any Party to 
enter a reservation for a particular species listed in Appendix I or 
II. Countries that choose not to recognize a listing and take a 
reservation may continue trading in the species without CITES documents 
with other Parties that have taken the same reservation or with non-
Parties, provided such shipments do not transit a Party country. 
However, trade with Parties that have not taken the same reservation 
requires CITES documents. While the reservation is in effect the Party 
is formally treated as a non-Party with respect to trade in the 
reserved species. A Party that has entered a reservation may withdraw 
it at any time.
    CITES Resolution Conf. 4.25 recommends that, when a species is 
newly listed in Appendix I or is transferred from Appendix II to 
Appendix I, Parties that take a reservation for that species should 
treat the species as if it were listed in Appendix II, rather than not 
listed, when trading with other reserving Parties or non-Parties. 
Further, CITES Resolution Conf. 9.7 (Rev. CoP13) states that a shipment 
containing specimens of CITES species traded between non-Parties or 
reserving Parties or between a non-Party and a reserving Party must be 
accompanied by CITES documents if it transits a Party country before 
reaching its final destination. Therefore, if the United States entered 
a reservation to the listing of a species in Appendix I, we would 
require a CITES document that meets Appendix II permit criteria (i.e., 
legal acquisition and non-detriment finding) for international trade in 
specimens of that species with a non-Party or a Party that has taken 
the same reservation.
    The United States has never entered a reservation on any CITES 
listing because a reservation would do very little to relieve importers 
in the United States from the need for foreign export permits. As 
discussed in the Federal Register notice of November 17, 1987 (52 FR 
43924), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make 
it a Federal offense to import into the United States any ``fish or 
wildlife'' taken, possessed, transported, or sold in violation of 
foreign laws. If a foreign nation has enacted CITES, and has not taken 
a reservation with regard to the particular species, part, or 
derivative, the United States would continue to require CITES documents 
as a condition of import. Regarding CITES-listed plants, the Lacey Act 
does not provide the same protections for plants outside of the United 
States. However, a reservation by the United States also would provide 
exporters in this country

[[Page 45264]]

with little relief from the need for U.S. export documents. Unless the 
receiving country had entered the same reservation or was a non-Party, 
U.S. exporters of CITES-listed plants and animals would continue to be 
required to obtain CITES-comparable documents because the Parties have 
agreed to trade with non-Parties and reserving Parties only if they 
issue permits and certificates that substantially conform with CITES 
requirements and contain the required information outlined in CITES 
Resolution Conf. 9.5 (Rev. CoP13). If the United States were to enter a 
reservation for a particular species, it may confuse importers and 
exporters because, as stated above, CITES permit requirements would 
still be imposed by other Parties. This could lead persons to 
inadvertently violate the laws of foreign countries that honor the 
listing.

Author

    This notice was prepared by Pat Ford, Division of Scientific 
Authority, (see ADDRESSES, above).

    Authority: This notice is issued under the authority of the U.S. 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: July 31, 2007.
H. Dale Hall,
Director.
 [FR Doc. E7-15828 Filed 8-10-07; 8:45 am]
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