[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49421-49428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21255]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-IA-2017-0079; FF09A30000-189-FXIA16710900000]


Conference of the Parties to the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Eighteenth 
Regular Meeting: Taxa Being Considered for Amendments to the CITES 
Appendices and Proposed Resolutions, Decisions, and Agenda Items Being 
Considered; 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 propose amendments to the CITES Appendices for 
consideration at meetings of the Conference of the Parties. The 
eighteenth regular meeting of the Conference of the Parties to CITES 
(CoP18) is scheduled to be held in Colombo, Sri Lanka, May 23 to June 
3, 2019. With this notice, we describe proposed amendments to the CITES 
Appendices (species proposals) as well as proposed resolutions, 
decisions, and agenda items that the United States might submit for 
consideration at CoP18; invite your comments and information on these 
proposals; and provide information on how U.S. nongovernmental 
organizations can attend CoP18 as observers.

DATES: 
    Meeting: The meeting is scheduled to be held in Colombo, Sri Lanka, 
May 23 to June 3, 2019.
    Submitting Information and Comments: We will consider written 
information and comments we receive by November 30, 2018.
    Requesting Approval to Attend CoP18 as an Observer: We must receive 
your request no later than February 15, 2019 (see ADDRESSES).

ADDRESSES: Obtaining Documents: Access the extended version of this 
notice, as well as comments and materials we receive in response to 
this notice, via either of the following methods:
     Internet: http://www.regulations.gov. Search for Docket 
No. FWS-HQ-IA-2017-0079.
     Hard copies: View documents by appointment between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays, at the U.S. 
Fish and Wildlife Service, Divisions of Management and Scientific 
Authorities, 5275 Leesburg Pike, Falls Church, VA 22041-3803. To make 
an appointment, call 703-358-2095 or 703-358-1708.
    Submitting Information and Comments: You may submit comments 
pertaining to species proposals for consideration and to proposed 
resolutions, decisions, and agenda items for discussion at CoP18 by one 
of the following methods:
     Internet: http://www.regulations.gov. Search for and 
submit comments on Docket No. FWS-HQ-IA-2017-0079.
     Hard copy: Submit by U.S. mail or hand-delivery to Public 
Comments Processing; Attn: Docket No. FWS-HQ-IA-2017-0079; U.S. Fish 
and Wildlife Service; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 
22041-3803. Internet: http://www.regulations.gov. Search for Docket No. 
FWS-HQ-IA-2017-0079.
    We will not consider comments sent by email or fax, or to an 
address not listed in ADDRESSES. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal 
identifying information--will be posted on the website. If you submit a 
hardcopy comment that includes personal identifying information, you 
may request at the top of your document that we withhold this 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post all hardcopy comments on http://www.regulations.gov.
    Requesting Approval to Attend CoP18 as an Observer: Send your 
request via U.S. mail to the Division of Management Authority, U.S. 
Fish and Wildlife Service, 5275 Leesburg Pike, MS: IA, Falls Church, VA 
22041; or via email to [email protected].

FOR FURTHER INFORMATION CONTACT: For information pertaining to species 
proposals, contact Rosemarie Gnam, Chief, Division of Scientific 
Authority, at 703-358-1708 (phone); 703-358-2276 (fax); or 
[email protected] (email).
    For information pertaining to resolutions, decisions, and agenda 
items, contact Laura Noguchi, Branch Chief, Division of Management 
Authority, at 703-358-2028 (phone); 703-358-2298 (fax); or 
[email protected] (email).
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The United States (or we), as a Party to the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES, or the Convention), may propose amendments to the 
CITES Appendices for consideration at meetings of the Conference of the 
Parties. The eighteenth regular meeting of the Conference of the 
Parties to CITES (CoP18) is scheduled to be held in Colombo, Sri Lanka, 
May 23 to June 3, 2019. With this notice, we describe proposed 
amendments to the CITES Appendices (species proposals) as well as 
proposed resolutions, decisions, and agenda items that the United 
States might submit for consideration at CoP18; invite your comments 
and information on these proposals; and provide information on how U.S. 
nongovernmental organizations can attend CoP18 as observers.

Background

    CITES is an international treaty designed to control and regulate 
international trade in certain animal and plant species that are 
affected by trade and are now, or potentially may become, threatened 
with extinction. These species are included in the Appendices to CITES, 
which are available on the CITES Secretariat's website at https://www.cites.org. Currently there are 183 Parties to CITES--182 countries, 
including the United States, and one regional economic integration 
organization, the European Union. The Convention calls for regular 
biennial meetings of the Conference of the Parties, unless the 
Conference decides otherwise. At these meetings, the Parties review the 
implementation of CITES, make provisions enabling the CITES Secretariat 
in Switzerland to carry out

[[Page 49422]]

its functions, consider amendments to the list of species in Appendices 
I and II, consider reports presented by the Secretariat, and make 
recommendations for the improved effectiveness of CITES. Any country 
that is a Party to CITES may propose amendments to Appendices I and II, 
as well as resolutions, decisions, and agenda items for consideration 
by all the Parties. Our regulations governing this public process are 
found in 50 CFR 23.87.
    This is our third notice in a series of Federal Register notices 
that, together with an announced public meeting (time and place to be 
announced), provide you with an opportunity to participate in the 
development of the U.S. submissions and negotiating positions for the 
eighteenth regular meeting of the Conference of the Parties to CITES 
(CoP18), which is scheduled to be held in Colombo, Sri Lanka, May 23 to 
June 3, 2019. We published our first CoP18-related Federal Register 
notice on January 23, 2018 (83 FR 3179); this notice requested 
information and recommendations on animal and plant species proposals 
for the United States to consider submitting for consideration at 
CoP18. On March 12, 2018 (83 FR 10736), we published our second notice, 
in which we requested information and recommendations on proposed 
resolutions, decisions, and agenda items for the United States to 
consider submitting for consideration at CoP18, and provided 
preliminary information on how to request approved observer status for 
nongovernmental organizations that wish to attend the meeting. Comments 
received on those two notices may be viewed at http://www.regulations.gov in Docket No. FWS-HQ-IA-2017-0079.

Recommendations for Species Proposals for the United States To Consider 
Submitting for CoP18

    In response to our January 2018 notice, we received 17 
recommendations from 3 individuals and the following 14 organizations 
for possible proposals involving over 200 taxa (6 mammals, 23 birds, 78 
reptiles, 41+ sharks/rays, 5 bony fish, 64+ invertebrates, and 32 
plants): The American Herbal Products Association (AHPA); Ginseng Board 
of Wisconsin; Center for Biological Diversity (CBD); Robin des Bois; 
Humane Society International (HSI); Pew Charitable Trusts; Species 
Survival Network (SSN); Wildlife Conservation Society (WCS); 
International Wood Products Association; League of American Orchestras; 
The Ornithological Council; Sustainable Fisheries Association, Inc. 
(SFA); Safari Club International (SCI); and Safari Club International 
Foundation (SCI Foundation). Additionally, the United States may submit 
one plant species proposal currently under periodic review by the 
Plants Committee and one animal species proposal that previously 
underwent periodic review by the Animals Committee.
    We have undertaken initial evaluations of the available trade and 
biological information on many of these taxa. Based on the information 
available, we made provisional evaluations of whether to proceed with 
the development of proposals for species to be included in, removed 
from, or transferred between the CITES Appendices. We made these 
evaluations by considering the best information available on the 
species; the presence, absence, and effectiveness of other mechanisms 
that may preclude the need for species' inclusion in the CITES 
Appendices (e.g., range country actions or other international 
agreements); and availability of resources. We have also considered the 
following factors, as per the U.S. approach for CoP18 discussed in our 
January 23, 2018, Federal Register notice:
    (1) Does the proposed action address a serious wildlife or plant 
trade issue that the United States is experiencing as a range country 
for species in trade?
    (2) Does the proposed action address a serious wildlife or plant 
trade issue for species not native to the United States?
    (3) Does the proposed action provide additional conservation 
benefit for a species already covered by another international 
agreement?
    Based on our initial evaluations, we have assigned each taxon to 
one of three categories, which reflects the likelihood of our 
submitting a proposal. 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 provided here a list of taxa and the proposed 
action. We have posted an extended version of this notice on our 
website, at http://www.fws.gov/international/publications-and-media/federal-register-notices.html, with text describing in more detail 
certain proposed action and explaining the rationale for the tentative 
U.S. position on these possible proposals. Copies of the extended 
version of the notice are also available from the Division of 
Scientific Authority at the above address or at http://www.regulations.gov at Docket No. FWS-HQ-IA-2017-0079.
    We welcome your comments, especially if you are able to provide any 
additional biological or trade information on these species.

A. What species proposals will the United States likely submit for 
consideration at CoP18?

    None.

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 CoP18 
proposals for the following taxa. In most 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 that may be useful to our final 
decision-making. In addition one of the taxa in this section is 
undergoing review through the periodic review of the CITES Appendices 
by the Plants Committee (PC), in accordance with Resolution Conf. 14.8 
(Rev. CoP17), and one has undergone periodic review by the Animals 
Committee (AC) at AC25. This is a regular process under CITES to 
evaluate whether listings of taxa in CITES Appendices I and II continue 
to be appropriate, based on current biological and trade information. 
These taxa are at various stages in the periodic review process. This 
process includes an initial assessment that is put before the 
appropriate Committee (Plants or Animals) for discussion, which may 
result in an AC or PC recommendation that a taxon be uplisted 
(transferred from Appendix II to Appendix I); that a taxon be 
downlisted (transferred from Appendix I to Appendix II, or deleted from 
Appendix II); or that no change be made to the listing.
Plants
    1. Saw-toothed lewisia (Lewisia serrata)--Potential amendment to 
Appendix II-listing.
    2. Frankincense (Boswellia spp.)--Inclusion in Appendix II.
    3. Ginseng (Panax quinquefolius)--Amend current annotation to 
exclude sliced ginseng roots from CITES control.
Invertebrates
    4. Ornamental/parachute spider/tarantula species (Poecilotheria 
spp.)--Inclusion in Appendix II.
    5. Two families of sea cucumbers (Holothuridae and Stichopodidae)--
Inclusion in Appendix II.
    6. Sea cucumbers found in U.S. native waters: Pepino de mar 
(Actinopyga agassizii), deepwater redfish (A.

[[Page 49423]]

echinites), stonefish (A. lecanora), surf redfish (A. mauritiana), 
blackfish (A. miliaris), giant California sea cucumber (Apostichopus 
californicus), warty sea cucumber (A. parvimensis), furry sea cucumber 
(Astichopus multifidus), leopard fish (Bohadschia argus), brown 
sandfish (B. vitiensis), orange-footed sea cucumber (Cucumaria 
frondosa), teripang (Holothuria arenicola), lollyfish (H. atra), Zanga 
fleur (H. cinerascens), snakefish (H. coluber), Pinkfish (H. edulis), 
red snakefish (H. flavomaculata), Floridian (Holothuria floridana), 
Labuyo (H. fuscocinerea), white teatfish (H. fuscogilva), elephant 
trunkfish (H. fuscopunctata), tigertail (H. hilla), spotted sea 
cucumber (H. impatiens), golden sandfish (H. lessoni), white threadfish 
(H. leucospilota), Pepino de mar (H. mexicana), Bantunan (H. pardalis), 
no common name (H. pervicax), tubular (H. tubulosa), black teatfish (H. 
whitmaei), four-sided sea cucumber (Isostichopus badionotus), 
blackspotted sea cucumber (Pearsonothuria graeffei), greenfish 
(Stichopus chloronotus), curryfish (S. herrmanni), Selenka's sea 
cucumber (S. horrens), prickly redfish (Thelenota ananas), amber fish 
(T. anax), and lemonfish (T. rubralineata)--Inclusion in Appendix II.
    7. Sea cucumbers not found in U.S. native waters: Deepwater 
blackfish (Actinopyga palauensis), burying blackfish (A. spinea), 
Japanese sea cucumber (Apostichopus japonicus), brown-spotted sandfish 
(Bohadschia marmorata), Falalyjaka (B. subrubra), Japanese cucumaria 
(Cucumaria japonica), black teatfish (Holothuria nobilis), sandfish (H. 
scabra), brown sea cucumber (Isostichopus fuscus), Selenka's sea 
cucumber (Stichopus monotuberculatus), and Selenka's sea cucumber (S. 
naso)--Inclusion in Appendix II.
Fishes
    8. All guitarfish (31 species of guitarfish are found worldwide; 3 
of these species are found in U.S. waters and are categorized as 
undecided)--Inclusion in Appendix II.
    9. Lined seahorse (Hippocampus erectus)--Transfer from Appendix II 
to Appendix I.
    10. Dwarf seahorse (Hippocampus zosterae)--Transfer from Appendix 
II to Appendix I.
    11. Slender seahorse (Hippocampus reidi)--Transfer from Appendix II 
to Appendix I.
Reptiles
    12. Tokay gecko (Gekko gecko)--Inclusion in Appendix II.
    13. Blue-spotted tree monitor (Varanus macraei)--Transfer from 
Appendix II to Appendix I.
    14. Pancake tortoise (Malacochersus tornieri)--Transfer from 
Appendix II to Appendix I.
Birds
    15. Straw-headed bulbul (Pycnonotus zeylanicus)--Transfer from 
Appendix II to Appendix I.
    16. Neotropical tanager species: Golden tanager (Tangara arthus), 
opal-crowned tanager (Tangara callophrys), burnished-buff tanager 
(Tangara cayana), paradise tanager (Tangara chilensis), golden-eared 
tanager (Tangara chrysotis), blue-necked tanager (Tangara cyanicollis), 
blue-browed tanager (Tangara cyanotis), bay-headed tanager (Tangara 
gyrola), silver-throated tanager (Tangara icterocephala), golden-hooded 
tanager (Tangara larvata), turquoise tanager (Tangara mexicana), beryl-
spangled tanager (Tangara nigroviridis), flame-faced tanager (Tangara 
parzudakii), spotted tanager (Tangara punctata), green-and-gold tanager 
(Tangara schrankii), opal-rumped tanager (Tangara velia), and saffron-
crowned tanager (Tangara xanthocephala)--Inclusion in Appendix II.
    17. Attwater's prairie chicken (Tympanuchus cupido attwateri)--
Remove from Appendix II.
Mammals
    18. Saiga antelope (Saiga tatarica)--Transfer from Appendix II to 
Appendix I.
    19. Markhor (Capra falconeri)--Transfer from Appendix I to Appendix 
II.

C. For which species is the United States not likely to submit 
proposals for consideration at CoP18, 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.
Plants
    1. Dalbergia and other wood products (especially for musical 
instruments)--Revision of Annotation #15.
Invertebrates
    2. Wallace's giant bee (Megachile pluto, synonym Chalicodoma 
pluto)--Inclusion in Appendix I.
Fishes
    3. Atlantic spiny dogfish (Squalus acanthias)--Inclusion in 
Appendix I or Appendix II (as recommended by the commenter--we are 
unlikely to submit a proposal).
    4. All sharks and rays in international trade--Inclusion in 
Appendix II.
    5. Shortfin mako shark (Isurus paucus)--Inclusion in Appendix II.
    6. All wedgefish--Inclusion in Appendix II.
    7. All guitarfish (31 species of guitarfish are found worldwide; 28 
of these species are not found in U.S. waters and are categorized as 
not likely to be submitted)--Inclusion in Appendix II.
    8. American eel (Anguilla rostrata)--Inclusion in Appendix II.
    9. Tiger-tail seahorse (Hippocampus comes)--Transfer from Appendix 
II to Appendix I.
Reptiles
    10. Shaw's Sea Snake (Hydrophis curtus)--Inclusion in Appendix II.
    11. Eurasian viper species: Cyclades blunt-nosed viper (Macrovipera 
schweizeri), mountain viper (Montivipera albizona), Anatolian meadow 
viper (Vipera anatolica), snub-nosed viper (Vipera latastei), Caucasus 
viper (Vipera kaznakovi), Black Sea viper (Vipera pontica), nose-horned 
viper (Vipera ammodytes), Orlov's viper (Vipera orlovi), magnificent 
viper (Vipera magnifica), asp viper (Vipera aspis), Darevsky's viper 
(Vipera darevskii), and Caucasus subalpine viper (Vipera dinniki)--
Inclusion in Appendix II or Appendix I.
    12. South African puff adder species: Albany adder (Bitis 
albanica), southern adder (Bitis armata), many-horned adder (Bitis 
cornuta), plain mountain adder (Bitis inornata), red adder (Bitis 
rubida), and Namaqua dwarf adder (Bitis schneideri)--Inclusion in 
Appendix II.
    13. American rattlesnake species (Crotalus spp.)--Inclusion in 
Appendix II.
    14. Neotropical wood turtle species: Painted wood turtle 
(Rhinoclemmys pulcherrima) and spot-legged wood turtle (R. 
punctularia)--Inclusion in Appendix II.
    15. North American map turtles (Graptemys spp.): Barbour's map 
turtle (G. barbouri), Cagle's map turtle (G. caglei), Escambia map 
turtle (G. ernsti), yellow-blotched map turtle (G. flavimaculata), 
northern map turtle (G. geographica), Pascagoula map turtle (G. 
gibbonsi), black-knobbed map turtle (G. nigrinoda), ringed map turtle 
(G. oculifera), Ouachita map turtle (G. ouachitensis), Pearl River map 
turtle (G. pearlensis), false map turtle (G. pseudogeographica), 
Alabama map turtle (G. pulchra), and Texas map turtle

[[Page 49424]]

(G. versa)--Transfer from Appendix III to Appendix II.
    16. Alligator snapping turtle (Macrochelys temminckii)--Transfer 
from Appendix III to Appendix II.
Birds
    17. Four Indo-Pacific bird species: Loria's bird-of-paradise 
(Cnemophilus loriae), crested bird-of-paradise (C. macgregorii), 
yellow-breasted bird-of-paradise (Loboparadisea sericea), and 
Macgregor's bird-of-paradise (Macgregoria pulchra)--Removal from 
Appendix II.
    18. Andean flamingo (Phoenicoparrus andinus)--Transfer from 
Appendix II to Appendix I.
Mammals
    19. Hippopotamus (Hippopotamus amphibius)--Transfer from Appendix 
II to Appendix I.
    20. Narwhal (Monodon monoceros)--Transfer from Appendix II to 
Appendix I.
    21. Walrus (Odobenus rosmarus)--Transfer from Appendix III to 
Appendix I; or Transfer Pacific walrus subspecies (O. r. divergens) 
from Appendix III to Appendix I and Transfer Atlantic (O. r. rosmarus) 
and Laptev (O. r. laptevi) walrus subspecies from Appendix III to 
Appendix II.
    22. Polar bear (Ursus maritimus)--Transfer from Appendix II to 
Appendix I.

Recommendations for Resolutions, Decisions, and Agenda Items for the 
United States To Consider Submitting for CoP18

    In our Federal Register notice published on March 12, 2018 (83 FR 
10736), we requested information and recommendations on potential 
resolutions, decisions, and agenda items for the United States to 
submit for consideration at CoP18. We received information and 
recommendations from the following organizations: American Federation 
of Musicians of the United States and Canada; American Federation of 
Violin and Bow Makers; Animal Welfare Clinic at Michigan State 
University College of Law; Animal Welfare Institute; Center for 
Biological Diversity; C.F. Martin & Co., Inc.; Chamber Music America; 
Fender Musical Instruments Corporation; Forest Based Solutions; Ginseng 
Board of Wisconsin; Humane Society International; International 
Association of Violin and Bow Makers; International Wood Products 
Association; League of American Orchestras; National Association of 
Music Merchants; Natural Resources Defense Council; OPERA America; 
Organization of Professional Aviculturists; Performing Arts Alliance; 
Paul Reed Smith Guitars; Species Survival Network; Taylor Guitars; 
Theatre Communications Group; The Recording Academy; WildCat 
Conservation Legal Aid Society; Wildlife Conservation Society; and 
World Animal Protection. We also received comments from one individual. 
In addition, we received comments from Center for Biological Diversity 
and Organization of Professional Aviculturists related to proposals to 
amend the CITES Appendices and from 16 of the above commenters related 
to expanding the number of designated U.S. ports for CITES exports. 
These comments were outside the scope of this action.
    We considered all of the recommendations of the above individual 
and organizations, as well as the factors described in the U.S. 
approach for CoP18 discussed in our January 23, 2018, Federal Register 
notice, when compiling a list of resolutions, decisions, and agenda 
items that the United States is likely to submit for consideration by 
the Parties at CoP18. We also compiled lists of resolutions, decisions, 
and agenda items for consideration at CoP18 that the United States 
either is currently undecided about submitting, is not considering 
submitting at this time, or plans to address in other ways. In 
compiling these lists, we also considered potential submissions that we 
identified internally. 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 Standing Committee, additional 
consultations with range country governments and subject matter 
experts, or comments we receive during the public comment period for 
this notice.
    Please note that, under A, B, and C below, we have listed those 
resolutions, decisions, and agenda items that the United States is 
likely to submit, currently undecided about submitting, or currently 
planning not to submit. We have posted a supplementary document on our 
website at http://www.fws.gov/international/CITES/CoP18/index.html and 
at http://www.regulations.gov, with text describing in more detail each 
of these issues and explaining the rationale for the tentative U.S. 
position on each issue. Copies of the supplementary document are also 
available from the Division of Management Authority at the address in 
ADDRESSES.
    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 CoP18?

    Strategy for CITES capacity-building efforts: The United States is 
considering submission of a document calling on the CITES parties to 
develop a framework for CITES capacity building that facilitates Party 
and donor coordination, transparency, and accountability across an 
array of needs and investments. This may include suggestion of a 
framework and a method to identify and track outstanding needs as well 
as recommendations for measuring progress toward shared goals to start 
the discussion.
    Elephant conservation: The United States is considering submission 
of a document that will address the conservation of Asian and African 
elephants either through a new resolution or decisions or amendment of 
existing resolutions or decisions.

B. On what resolutions, decisions, and agenda items is the United 
States still undecided, pending additional information and 
consultations?

    1. Pangolin and Appendix-I specimens acquired prior to Appendix-I 
uplisting: Recommendation that the United States continue its work to 
combat trafficking of pangolins by ensuring that stockpiles of scales 
and live animals are not traded on the basis of fraudulent CITES 
exceptions or unsupported legal theories.
    2. Elephant: Recommendation that the United States support efforts 
to reduce the illegal and legal ivory trade to put an end to the 
ongoing poaching of elephants and to ensure that adequate safeguards 
are in place to protect wild elephants; recommendation that if the 
United States submits a document on the issue of appropriate and 
acceptable destinations that it first consult with range states and 
relevant experts and take into account the view of the majority of the 
African elephant range states that wild elephants should only be 
destined to in situ conservation projects.
    3. National ivory action plans (NIAPs): Recommendation that the 
United States present options for further strengthening progress with 
Parties' implementation of their NIAPs processes--possibly through 
submission of draft text amending Resolution Conf. 10.10 (Rev. CoP17), 
on Trade in elephant specimens.

[[Page 49425]]

    4. Grey parrot: Recommendation that the United States propose that 
the considerations given to the evaluation of applications to register 
facilities that breed African grey parrot (Psittacus erithacus) for 
commercial purposes in Decision 17.258 be extended until the 20th 
meeting of the Conference of the Parties (CoP20).
    5. Eel: Recommendation that the United States submit a draft 
resolution on conservation of Anguilla species.
    6. CITES National Legislation Project: Recommendation that the 
United States submit or co-sponsor and develop a draft resolution to 
amend Resolution Conf. 8.4 (Rev. CoP15), National laws for 
implementation of the Convention, to provide clear guidelines as to the 
criteria for inclusion in Categories 1, 2, and 3 (including coverage of 
all CITES taxa, including marine species). Recommendation that the 
United States submit a document on this issue, or otherwise to ensure 
that it is on the agenda of the CoP; further, recommendation that the 
United States raise this issue at the July 2018 meeting of the Food and 
Agriculture Organization of the United Nations (FAO) Committee on 
Fisheries, as it will not meet again prior to CoP18.
    7. Appendix-I specimens acquired prior to Appendix-I uplisting and 
Resolution Conf. 13.6 (Rev. CoP16), Implementation of Article VII, 
paragraph 2, concerning ``pre-Convention'' specimens, interpretation 
issues: Recommendation that the United States submit a document 
clarifying this issue, and reject the Secretariat's views in SC69 Doc. 
57. Recommendation that the United States ensure that the document to 
be prepared by the Secretariat is balanced and legally accurate; that 
the United States not rely only on the potential document from the 
Secretariat, but to also submit its own document on the issue for 
consideration by CoP18, and also ensure that the issue is discussed as 
a standalone agenda item so that the issue obtains the full discussion 
and understanding of the CITES Parties.
    8. Marine ornamental fishes: Recommendation that the United States 
consider submitting an agenda item for discussion at CoP18 on trade in 
marine ornamental fishes.
    9. International travel with musical instruments: Recommendation 
that the United States seek outcomes at CoP18 that will advance CITES 
policies related to international travel with musical instruments 
containing protected species material. Recommendation that since the 
United States initiated the creation of the Musical Instrument 
Certificate, it should lead an effort towards improvements in this area 
by proactively submitting a proposal to fully implement a ``personal 
effects'' exemption for those instruments containing protected species 
that are carried in personal accompanying baggage. Recommendation that 
the United States advance consideration of permit exemptions for 
musical instruments transported by cargo under a carnet.
    10. Trade and commerce in wood species: Recommendation that any 
revision to Annotation #15, and annotations more broadly, account for 
and prevent potential unintended consequences for trade, allow 
appropriate timeframes for implementation, and can be supported through 
harmonized interpretations across CITES Parties.

C. What resolutions, decisions, and agenda items is the United States 
not likely to submit for consideration at CoP18, unless we receive 
significant additional information?

    1. Totoaba and vaquita: Recommendation that the United States 
propose and champion the imposition of sanctions against Mexico 
pursuant to Article VIII of CITES and CITES Resolution Conf. 11.3 (Rev. 
CoP17), on Compliance and enforcement, and Resolution Conf. 14.3, on 
CITES compliance procedures, since, according to the commenters, the 
vaquita porpoise (Phocoena sinus) is on the brink of extinction and the 
ongoing failure of the government of Mexico to enact and enforce rules 
and policies to fully protect the vaquita and its habitat and to 
address the blatant illegal fishing for totoaba (Totoaba macdonaldi). 
Recommendation that the United States propose that CITES recommend that 
all Parties cease all wildlife trade with Mexico until it creates a 
management strategy and plan concerning totoaba and vaquita that meets 
or exceeds the standards presented by the commenters.
    2. Trade in biosynthetic plant and wildlife material: 
Recommendation that the United States, given the U.S. significant 
investments in demand reduction and enforcement, to continue its work 
with regard to biosynthetic products of or made from CITES-listed 
species.
    3. Sharks and rays: Recommendation that the United States ensure 
that the outcomes of the shark working groups and deliberations of the 
Standing and Animals Committees are on the agenda of CoP18, as a 
separate agenda item. The Standing Committee has agreed to discuss 
several issues, including the following, which the commenter recommends 
that the United States ensure are highlighted in CoP discussions: Chain 
of custody issues, marking and traceability issues, the making of legal 
acquisition findings, catch documentation and product certification 
schemes, and the role of Regional Fisheries Management Organizations. 
Recommendation that the United States ensure a discussion at the CoP on 
capacity building needs in the issuance of non-detriment findings for 
sharks and rays on the CITES Appendices.
    4. Elephants--domestic ivory markets: Recommendation that the 
United States report on implementation of Resolution Conf. 10.10 (Rev. 
CoP17) on Trade in elephant specimens, with a particular focus on the 
successful enforcement of new laws on domestic ivory trade, work with 
other Parties to close their ivory markets as a matter of urgency, and 
ensure that the issue is discussed at CoP18. According to the 
commenter, paragraph 3 of Resolution Conf. 10.10 (Rev. CoP17) can be 
misconstrued to mean that some Parties with open domestic ivory markets 
are not obligated to take further action to close their markets if they 
believe they are not contributing significantly to illegal trade and 
the commenter believes that all such markets contribute to poaching of 
elephants and illegal ivory trade, facilitate laundering, foster demand 
for ivory, and undermine the conservation efforts of elephant range 
States. Therefore, recommendation that the United States work with 
other Parties to amend paragraph 3 accordingly.
    5. Leopard quotas: Recommendation that the United States track the 
information being provided on existing leopard quotas. Based upon this 
information and other available information, recommendation that the 
United States ensure that reasonable quotas are set that are not 
detrimental to the survival of the species. Recommendation that the 
United States submit a document for consideration at CoP18 that 
recommends that there be full scientific justification for leopard 
quotas approved by the CITES Conference of the Parties in Resolution 
Conf. 10.14 (Rev. CoP16), Quotas for leopard hunting trophies and skins 
for personal use. This document should propose a new procedure for 
establishment and review of such quotas, including that any Party 
wishing to retain their leopard quota provide scientific justification 
for continuing the quota at each meeting of the Conference of the 
Parties to CITES; and all matters related to establishment, continuance 
or increase of leopard quotas be approved by a two-thirds majority vote 
of the Parties.

[[Page 49426]]

    6. Registration of operations that breed Appendix-I avian species 
in captivity for commercial purposes: Recommendation that the United 
States reevaluate the process for the registration of operations that 
breed Appendix-I avian species in captivity for commercial purposes. 
Recommendation that Decision 17.258 be applied to all animal species 
for the evaluation of applications to register facilities that breed 
Appendix-I animal species for commercial purposes; all Appendix-I 
species that were legally imported under Appendix II, prior to their 
inclusion on Appendix I, should be afforded the opportunity to become 
registered, taking into consideration the CITES trade data as a means 
of establishing whether imports from a species/country combination will 
qualify. Recommendation that the United States propose that Decision 
17.258 be amended and adopted into Resolution Conf. 12.10 (Rev CoP15), 
on Registration of operations that breed Appendix-I animal species in 
captivity for commercial purposes.
    7. Specimens of Appendix-I listed species bred in non-range States 
with large prolific captive populations, i.e. Psittacus erithacus, 
Cyanoramphusnovaezealandiae, Psephotus dissimilis and chrysopterygius 
(and several others), be treated as an Appendix-II species for the 
purposes of trade:
    Recommendation that special consideration be given to range States 
with economically important captive populations.
    8. Laundering: Recommendation that, in a case where a Management 
Authority suspects that a facility may be laundering illegal specimens 
and there is insufficient recordkeeping to prove paternity, an 
available, established, and proven scientific method should be used to 
determine parentage of suspect specimens.
    9. Criteria: Recommendation that the United States propose that 
additional criteria be established for future amendments to the CITES 
Appendices for commercially important animal species with prolific 
captive populations that limit the disruptive and detrimental impact of 
such an action on the livelihoods of indigenous communities and bona 
fide breeding operations.
    10. Bear bile and bear gall bladder: Recommendation that the United 
States propose amendments to Resolution Conf. 10.8 (Rev. CoP14), on 
Conservation of and trade in bears, or decisions that strategically 
address the threat of trade in bear bile products and demand for 
illegally sourced bear bile products.
    11. Disposal of confiscated specimens: Recommendation that the 
United States prepare draft decisions that would direct the Secretariat 
to request information from Parties on the scope of this problem and 
potential solutions and report to the Animals, Plants, and Standing 
Committees, and direct the Committees to prepare recommendations, 
including providing financial assistance so that Parties can either 
destroy such specimens or dispose of them in a manner consistent with 
Resolution Conf. 17.8, Disposal of illegally trade and confiscated 
specimens of CITES-listed species, and submit these recommendations to 
the next meeting of the Conference of the Parties.
    12. Species not yet listed in the CITES appendices: Recommendation 
that the United States submit a working document regarding unlisted 
species, providing guidance to Parties in ensuring that ``the 
Appendices correctly reflect the conservation needs of species.''
    13. Tortoises and freshwater turtles: Recommendation that U.S. 
conservation efforts related to these species continue. Recommendation 
that the United States ensure that this issue is on the agenda at CITES 
CoP18 in order to further examine what steps might be necessary to 
protect these taxa from the threats of illegal and/or unsustainable 
trade.
    14. Asian big cats: Recommendation that the United States propose a 
Resolution at CoP18 to more effectively address tiger farming and the 
trade in captive-bred Asian big cats and their parts. Recommendation 
that the United States recommend: Parties impose sanctions against any 
Party who does not comply with Decision 17.226; Parties gain public 
participation to reduce illegal sales, including educating and 
empowering citizens in range countries to conserve tigers; Parties 
impose appropriate sentences and penalties to meaningfully deter trade 
of tigers or tiger parts, including by imposing sanctions on Parties 
that create loopholes for the purpose of circumventing their treaty 
obligations.
    15. Captive-bred and ranched specimens (and laundering of wild-
caught animals): Recommendation that the United States submit captive-
bred and ranched specimens (and laundering of wild-caught animals) as a 
separate agenda item, or to ensure that the Secretariat will include it 
as a standalone agenda item; recommendation that the United States 
consider submission of a document highlighting the problem.
    16. Legal acquisition findings: Recommendation that the United 
States ensure that the issue is discussed under a separate agenda item 
at CoP18.
    17. Ginseng: Recommendation that the United States recommend at 
CoP18 that all Parties to CITES are to recognize ``personal exemption'' 
for dried cultivated American ginseng (Panax quinquefolius). Maximum 
amount allowed 4.5 kg.
    18. Management Authorities: Recommendation that the United States 
ensure that the development of a resolution pertaining to CITES 
Management Authorities properly tracks the responsibilities placed on 
Management Authorities in the text of the Convention.
    19. Electronic permitting: Recommendation that the United States 
support continued development of a robust electronic permitting system 
such as eCITES that would eventually allow for universal utilization of 
electronic permits.
    20. Rural communities: Recommendation that the United States submit 
a draft Resolution to prepare draft decisions that would suspend the 
operation of the Working Group, direct the Standing Committee to 
prepare appropriate criteria for membership, review existing and 
proposed members in the light of these criteria and of the need for 
both regional balance and a balance of views, and only reconstitute the 
Working Group once these criteria have been adopted by the Conference 
of the Parties.
    21. Destruction of ivory stockpiles: Recommendation that the United 
States submit a document calling on all Parties planning to destroy 
their ivory stocks to conduct independently audited inventories before 
any destruction events and to make samples of the seized ivory 
available for DNA- and/or isotope-based analysis. Recommendation that 
the United States support making available materials and guidance on 
best practices for the management of ivory stockpiles, including their 
disposal when applicable. Recommendation that the United States support 
a decision at the CoP to endorse the dissemination (through the CITES 
website and other means) of the stockpile management system of the 
organization ``Stop Ivory,'' which has been used successfully by 
several countries.
    22. Other species-specific matters: Recommendation that the United 
States ensure that the following issues are on the CoP18 agenda: Other 
aspects of wildlife trafficking, great apes, Asian big cats in 
captivity, illegal trade in cheetahs, Monitoring the Illegal Killing

[[Page 49427]]

of Elephants (MIKE) and the Elephant Trade Information System (ETIS), 
saiga antelope, and CITES and livelihoods.

Request for Information and Comments

    We invite information and comments concerning any of the possible 
CoP18 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, above, to ensure that we 
consider them. Comments and materials received will be posted for 
public inspection on http://www.regulations.gov, and will be available 
by appointment, from 8 a.m. to 4 p.m., Monday through Friday, at the 
Division of Management Authority (see ADDRESSES). Our practice is to 
post all comments, including names and addresses of respondents, and to 
make comments, including names and home addresses of respondents, 
available for public review during regular business hours.
    There may be circumstances in which we would withhold from public 
review a respondent's name and/or address, as allowable by law. If you 
wish for us to withhold your name and/or address, you must state this 
prominently at the beginning of your comment, but we cannot guarantee 
that we will be able to do so. We will make all comments and materials 
submitted by organizations or businesses, and by individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Observers

    Article XI, paragraph 7, of CITES states that ``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 
nongovernmental organizations (which must have offices in more than one 
country) at CoP18 may request approval directly from the CITES 
Secretariat. Persons wishing to be observers representing U.S. national 
nongovernmental organizations at CoP18 must receive prior approval from 
our Division of Management Authority (ADDRESSES). Once we grant our 
approval, a U.S. national nongovernmental organization is eligible to 
register with the Secretariat and must do so at least 6 weeks prior to 
the opening of CoP18 to participate in CoP18 as an observer. 
Individuals who are not affiliated with an organization may not 
register as observers. An international nongovernmental organization 
with at least one office in the United States may register as a U.S. 
non-governmental organization if it prefers.
    Any organization that submits a request to us for approval as an 
observer should include evidence of their technical qualifications in 
protection, conservation, or management of wild fauna or flora, for 
both the organization and the individual representative(s). The request 
should include copies of the organization's charter and any bylaws, and 
a list of representatives it intends to send to CoP18. Organizations 
seeking approval for the first time should detail their experience in 
the protection, conservation, or management of wild fauna or flora, as 
well as their purposes for wishing to participate in CoP18 as an 
observer. 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. These requests should be sent to 
the Division of Management Authority at the address provided in 
ADDRESSES, above; via email to [email protected]; or via fax 
to 703-358-2298.
    Once we approve an organization as an observer, we will inform them 
of the appropriate page on the CITES website where they may obtain 
instructions for registration with the CITES Secretariat, including a 
meeting registration form and travel and hotel information. A list of 
organizations approved for observer status at CoP18 will be available 
upon request from the Division of Management Authority just prior to 
the start of CoP18.

Future Actions

    We expect the CITES Secretariat to provide us with a provisional 
agenda for CoP18 within the next several months. Once we receive the 
provisional agenda, we will publish it in a Federal Register notice and 
provide the Secretariat's website address. We will also provide the 
provisional agenda on our website, at http://www.fws.gov/international/CITES/CoP18/index.html.
    The United States must submit any proposals to amend Appendix I or 
II, or any draft resolutions, decisions, or agenda items for discussion 
at CoP18, to the CITES Secretariat 150 days (i.e., by December 24, 
2018) prior to the start of the meeting. In order to meet this deadline 
and to prepare for CoP18, we have developed a tentative U.S. schedule. 
We will consider all available information and comments we receive 
during the comment period for this Federal Register notice as we decide 
which species proposals and which proposed resolutions, decisions, and 
agenda items warrant submission by the United States for consideration 
by the Parties. Approximately 4 months prior to CoP18, we will post on 
our website an announcement of the species proposals, draft 
resolutions, draft decisions, and agenda items submitted by the United 
States to the CITES Secretariat for consideration at CoP18.
    Through a series of additional notices and website postings in 
advance of CoP18, we will inform you about preliminary negotiating 
positions on resolutions, decisions, and amendments to the Appendices 
proposed by other Parties for consideration at CoP18. We will also 
publish an announcement of a public meeting to be held approximately 2 
to 3 months prior to CoP18, to receive public input on our positions 
regarding CoP18 issues.
    The procedures for developing U.S. documents and negotiating 
positions for a meeting of the Conference of the Parties to CITES are 
outlined in 50 CFR 23.87. As noted in paragraph (c) of that section, we 
may modify or suspend the procedures outlined there if they would 
interfere with the timely or appropriate development of documents for 
submission to the CoP and of U.S. negotiating positions.

Authors

    The primary authors of this notice are Thomas E.J. Leuteritz, 
Ph.D., Branch Chief, Division of Scientific Authority, and Laura S. 
Noguchi, Branch Chief, Division of Management Authority, U.S. Fish and 
Wildlife Service.

[[Page 49428]]

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-21255 Filed 9-28-18; 8:45 am]
 BILLING CODE 4333-15-P