[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Rules and Regulations]
[Pages 10073-10080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03533]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

[Docket No. FWS-HQ-IA-2020-0019; FF09A30000-190FXIA16710900000]
RIN 1018-BF14


Implementing the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES); Updates Following the 
Eighteenth Meeting of the Conference of the Parties (CoP18) to CITES

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (FWS or Service), are

[[Page 10074]]

taking direct final action to revise regulations that implement the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES or Treaty or Convention) by incorporating certain non-
controversial provisions adopted at the sixteenth through eighteenth 
meetings of the Conference of the Parties (CoP16-CoP18) to CITES and 
clarifying and updating certain other provisions. These changes will 
bring U.S. regulations in line with certain revisions adopted at the 
three most recent meetings of the Conference of the Parties, which took 
place in March 2013 (CoP16), September-October 2016 (CoP17), and August 
2019 (CoP18). The revised regulations will help us more effectively 
promote species conservation, help us continue to fulfill our 
responsibilities under the Treaty, and help those affected by CITES to 
understand how to conduct lawful international trade.

DATES: This rule is effective May 24, 2022 without further action, 
unless we receive significant adverse comment that provides strong 
justifications as to why this rule should not be adopted or why it 
should be changed by March 25, 2022. The incorporation by reference of 
the material listed in this rule is approved by the Director of the 
Federal Register as of May 24, 2022. If we receive significant adverse 
information that provides strong justifications regarding why this rule 
should not be adopted or why it should be changed, we will publish a 
timely withdrawal of the rule in the Federal Register informing the 
public that the rule will not take effect, in whole or in part.

ADDRESSES: 
    Comment submission: You may submit comments regarding this direct 
final rule by one of the following methods:
     Electronically using the Federal eRulemaking Portal: 
http://www.regulations.gov in Docket No. FWS-HQ-IA-2020-0019 (the 
docket number for this rulemaking).
     U.S. mail: Public Comments Processing, Attn: FWS-HQ-IA-
2020-0019; U.S. Fish and Wildlife Service Headquarters, MS: JAO/3W, 
5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We will not accept email or faxes. Comments and materials we 
receive, as well as supporting documentation, will be available for 
public inspection on http://www.regulations.gov.
    Supplementary materials: For the CITES guidelines for the non-air 
transport of live wild animals and plants incorporated by reference 
(IBR) in this rule, contact CITES Secretariat, Palais des Nations, 
Avenue de la Paix 8-14, 1211 Gen[egrave]ve 10, Switzerland; telephone 
+41-(0)22-917-81-39/40; email [email protected]. You may find this CITES 
IBR material on the CITES Secretariat's website at https://www.cites.org/eng/resources/transport/index.php and on our website at 
https://www.fws.gov/international/travel-and-trade/live-animal-transport.html. For the International Air Transport Association Live 
Animals Regulations and the International Air Transport Association 
Perishable Cargo Regulations incorporated by reference, contact IATA, 
800 Place Victoria, P.O. Box 113, Montreal, Canada H4Z 1M1; telephone 
1-800-716-6326. Interested persons may purchase a copy of the IBR IATA 
publications at: https://www.iata.org/publications. To view this IBR 
material at the Division of Management Authority office (see FOR 
FURTHER INFORMATION CONTACT), please email us regarding the current 
status of our office facility at: [email protected].

FOR FURTHER INFORMATION CONTACT: Pamela Hall Scruggs, Chief, Division 
of Management Authority, U.S. Fish and Wildlife Service, 5275 Leesburg 
Pike, MS: IA, Falls Church, VA 22041-3803; telephone 703-358-2095 or 
email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    CITES was negotiated in 1973 in Washington, DC, at a conference 
attended by delegations from 80 countries. The United States ratified 
the Treaty on September 13, 1973, and it entered into force on July 1, 
1975, after it had been ratified by 10 countries. Currently, 182 
countries and the European Union (EU) have ratified, accepted, 
approved, or acceded to CITES; these countries and the EU (a regional 
economic integration organization) are known as Parties. On January 4, 
2022, Andorra will become the 184th Party to CITES. The Convention is 
an international treaty designed to control and regulate international 
trade in certain animal and plant species that are now or may become 
threatened with extinction and may be affected by trade. These species 
are listed in Appendices to CITES, which are available on the CITES 
Secretariat's website at http://www.cites.org/eng/app/index.php. The 
Convention calls for regular biennial meetings of the Conference of the 
Parties (CoP), unless the Conference of the Parties decides otherwise. 
At these meetings, the Parties review the implementation of CITES, make 
provisions enabling the CITES Secretariat in Switzerland to carry out 
its functions, consider amendments to the lists of species in 
Appendices I and II, consider reports presented by the Secretariat and 
the permanent CITES committees (Standing, Animals, and Plants 
Committees), 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, resolutions, decisions, and other agenda items for 
consideration by all of the Parties at the meetings.
    Section 8A of the Endangered Species Act, as amended (16 U.S.C. 
1531 et seq.) (ESA), designates the Secretary of the Interior as the 
U.S. Management Authority and U.S. Scientific Authority for CITES. 
Section 8A further states that the respective functions of these 
authorities shall be carried out through the U.S. Fish and Wildlife 
Service.

II. Previous Federal Actions

    The original U.S. regulations implementing CITES took effect on May 
23, 1977 (42 FR 10462, February 22, 1977), after the first CoP was 
held. We have since updated the regulations several times. U.S. CITES 
regulations were most recently updated in May 2014 (79 FR 30400, May 
27, 2014) and contain applicable provisions adopted at meetings of the 
Conference of the Parties up to and including the fifteenth meeting 
(CoP15), which took place in 2010.

III. This Rule

    As a Party to CITES, the United States has the responsibility under 
Article II(4) of the Treaty to ensure that all trade is consistent with 
the Treaty. To ensure that U.S. businesses and individuals understand 
the requirements for lawful international trade in CITES specimens, it 
is necessary for us to periodically update our CITES implementing 
regulations. With this direct final rule we are incorporating minor, 
noncontroversial updates to our regulations to reflect certain 
technical changes adopted by the CITES Parties during the sixteenth 
through eighteenth meetings of the Conference of the Parties to CITES 
(CoP16-CoP18) and clarifying and updating other provisions. The 
revisions in this direct final rule bring U.S. regulations in line with 
certain revisions adopted at these meetings of the Conference of the 
Parties, which took place in March 2013 (CoP16), September-October 2016 
(CoP17), and August 2019 (CoP18). The revised regulations will help us 
more effectively promote species conservation, help us continue to 
fulfill

[[Page 10075]]

our responsibilities under the Treaty, and help those affected by CITES 
understand how to conduct lawful international trade.

IV. Use of a Direct Final Rule

    An agency uses direct final rulemaking without prior proposal when 
it anticipates that a rule will be noncontroversial. Examples include 
minor substantive revisions to regulations and direct incorporations of 
mandates from new legislation. We are publishing this rule without a 
prior proposal because these changes are noncontroversial actions that, 
in the best interest of the regulated public, should be undertaken in 
as timely a manner as possible. The Parties agreed by consensus that 
these changes are appropriate for the conservation of the species and 
implementation of the Treaty. As previously noted, as a Party to CITES, 
the United States has the responsibility under Article II(4) of the 
Treaty to ensure that all trade is consistent with the Treaty, which 
includes aligning import, introduction from the sea, export, and re-
export provisions as agreed by the Parties. Thus, we have good cause to 
find that standard notice and public comment procedures would be 
unnecessary and contrary to the public interest.
    The rule will be effective, as published in this document, on the 
effective date specified above in DATES, unless we receive significant 
adverse comments on or before the comment due date specified in DATES. 
Significant adverse comments are comments that provide strong 
justifications as to why the rule should not be adopted or why it 
should be changed. If we receive significant adverse comments, we will 
publish a notice in the Federal Register withdrawing this rule before 
the effective date. Please note that if we receive adverse comment on 
an amendment, paragraph, or section of this rule and if that provision 
may be severed from the remainder of the rule, we may withdraw only 
that provision, and otherwise adopt as final those provisions of the 
rule that are not the subject of an adverse comment.
    In the event that we do receive significant adverse comments, we 
will engage in the normal rulemaking process to promulgate changes to 
50 CFR part 23 as necessary. In addition, to address other necessary 
changes to our regulations as a result of the last three CoPs that are 
more complex than the provisions in this rulemaking document, we will 
soon publish a proposed rule for public comment.

V. Changes to 50 CFR Part 23

Section 23.5 How are the terms used in these regulations defined?

    Whenever possible we define terms using the wording of the Treaty 
and the Resolutions. In this direct final rule, we are amending Sec.  
23.5 to include a definition of the term ``assisted production.'' We 
are making this amendment together with our amendment of Sec.  23.24 to 
add a new source code ``Y'' for assisted production plants. (See the 
preamble discussion for Sec.  23.24.)
    The new term ``assisted production'' was developed and adopted by 
the Parties for use with certain plant specimens that do not fall 
within the definition of ``artificially propagated'' and are not 
considered to be ``wild'' because they are propagated or planted in an 
environment with some level of human intervention for the purpose of 
plant production. The term is the result of extensive, substantive 
discussions at the direction of the Conference of the Parties that 
resulted in recommendations by the Plants Committee (PC24; Geneva, 
2018) and the Standing Committee (SC70; Sochi, 2018), to amend 
Resolution Conf. 12.3, Permits and certificates, and Resolution Conf. 
11.11, Regulation of trade in plants, to add the concept and definition 
of ``assisted production'' and its associated new source code ``Y'' for 
use on CITES documents. The United States was a member of the Plants 
Committee's intersessional and in-session working groups on this topic 
and the in-session Standing Committee working group at SC70. The 
recommendations were developed as a result of the recognized need for 
an intermediate source code for international trade in plant specimens. 
These recommended changes to Resolution Conf. 12.3 and Resolution Conf. 
11.11, to establish an intermediate source code for international trade 
in plant specimens that do not qualify as ``artificially propagated'' 
according to CITES but are also not wild specimens, were adopted by the 
Parties at CoP18 with support from the United States.
    Under the newly revised Resolution Conf. 11.11 (Rev. CoP18), 
``assisted production'' means plant specimens that do not fulfill the 
definition of ``artificially propagated'' and are considered not to be 
``wild'' because they are propagated or planted in an environment with 
some level of human intervention for the purpose of plant production. 
We are implementing this definition with nonsubstantive changes for 
clarity and for consistency with language in our current regulations. 
Material used to produce plant specimens from assisted production 
systems can be derived from plant material that is exempt from the 
provisions of the Convention, or derived from artificially propagated 
plants, or derived from plants grown in an environment with some level 
of human intervention, or derived from plant materials collected 
sustainably from wild populations in accordance with the provisions of 
CITES and relevant national laws and in a manner not detrimental to the 
survival of the species in the wild. Trade in assisted production 
plants (source code Y) will continue to require compliance with the 
provisions of Articles III, IV, and V of the Convention, the same as 
for trade in wild plants (source code W).
    The Parties envisioned that Source Code Y could be used as an 
intermediate source code under a number of different scenarios to fill 
a gap in the previously available source codes. These scenarios include 
situations in which: (1) Countries have developed plant production 
systems that clearly reduce pressure on wild-sourced plant material, 
but this development is not reflected if the Source Code W is used; (2) 
using Source Code W for plant material that comes from managed 
production systems reduces scientific accuracy and misrepresents the 
trade data; and (3) identifying the source of species harvested outside 
their natural range does not fit logically under Source Code W or 
Source Code A (for artificially propagated plants). As noted above, the 
Parties also confirmed that the new Source Code Y would continue to 
require compliance with the provisions of Articles III, IV, and V of 
the Convention, including the making of required non-detriment findings 
for Appendix-I and Appendix-II specimens and required legal acquisition 
findings for Appendix-I, Appendix-II, and Appendix-III specimens; 
therefore, ensuring that impact on the wild population and possible 
conservation concerns would be considered. The United States also 
believes that Source Code Y could be used in cases where the best 
available information demonstrates that the plants for export were not 
wild harvested, but the applicant cannot provide sufficient information 
to prove that the plants were artificially propagated, as is generally 
the case in a household move of personal plants purchased from a 
nursery or other retailer.
    We are therefore amending our regulations to implement the new 
definition of ``assisted production''

[[Page 10076]]

adopted by the Parties together with our amendment of Sec.  23.24 to 
add a new source code ``Y'' for assisted production plants. (See the 
preamble discussion for Sec.  23.24.) This action fulfills the needs 
described above, as it will promote more effective implementation of 
CITES for plants, will more accurately reflect the range of sources 
from which CITES-listed plants are derived, and will help promote the 
conservation of CITES-listed plants.

Section 23.6 What are the roles of the Management and Scientific 
Authorities?

    In this direct final rule, we amend the table in Sec.  23.6, which 
lists the roles of the U.S. Management and Scientific Authorities, to 
reflect the revisions to Resolution Conf. 11.17 (Rev. CoP18), National 
reports, that were adopted at CoP16. The revised Resolution includes a 
new recommendation that the CITES biennial report, required under 
Article VIII, paragraph 7(b) of the Treaty, be submitted 1 year before 
each meeting of the Conference of the Parties, instead of every 2 
years, and that the name of the report therefore be changed from 
``biennial report'' to ``report required under the provisions of 
Article VIII, paragraph 7(b).'' We change ``biennial reports'' in Sec.  
23.6(g) to ``periodic Article VIII, paragraph 7(b) reports'' to reflect 
this new recommendation. This paragraph states that it is a role of the 
U.S. Management Authority to produce such reports.

Section 23.7 What office do I contact for CITES information?

    This section contains contact information for offices involved in 
CITES implementation in the United States and for the CITES 
Secretariat. In this direct final rule we update the information in 
paragraph (f) regarding guidelines currently available on the 
Secretariat's website for humane transport of CITES specimens. (See the 
preamble discussion for Sec.  23.23.)

Section 23.9 Incorporation by Reference

    In this direct final rule, we are finalizing regulatory text that 
includes incorporation by reference. We currently require that CITES 
export and re-export documents for live specimens contain a specific 
condition that the document is valid only if the transport complies 
with certain humane-transport standards. At CoP14, the Parties agreed 
to promote the full and effective use of the International Air 
Transport Association (IATA) Live Animals Regulations (for animals) and 
Perishable Cargo Regulations (for plants) as the standards for the 
preparation and transport of live specimens. The IATA Live Animals 
Regulations (LAR), 40th edition, and Perishable Cargo Regulations 
(PCR), 13th edition, are incorporated by reference into our regulations 
at Sec.  23.9. With this direct final rule, we update our regulations 
by incorporating by reference the 48th edition of the IATA LAR and the 
21st edition of the PCR to replace the 40th and 13th editions, 
respectively, that are incorporated by reference in our current 
regulations.
    At CoP16, the Parties adopted the CITES guidelines for the non-air 
transport of wild animals and plants, recognizing that the non-air 
transport of live specimens of certain species may require transport 
conditions in addition to or different from those in the IATA 
regulations (see the preamble discussion for Sec.  23.23). In this 
direct final rule we incorporate by reference (in Sec.  23.9) the CITES 
guidelines for the non-air transport of live wild animals and plants as 
the standard for the non-air transport of certain CITES-listed animals 
and plants.
    In accordance with requirements of 1 CFR 51.5, we are finalizing 
the incorporation by reference of the CITES guidelines for the non-air 
transport of live wild animals and plants, the 48th edition of the IATA 
Live Animals Regulations (LAR), and the 21st edition of the IATA 
Perishable Cargo Regulations (PCR). The LAR establishes regulations for 
air transportation of all animals including CITES-listed species. The 
IATA PCR establishes regulations for air transportation of perishable, 
including all plants and those species that are CITES-listed. The CITES 
guidelines for the non-air transport of live wild animals and plants 
establishes regulations for the non-air transport of CITES-listed 
animals and plants for those species that have methods different than, 
or in addition to, the methods prescribed by the LAR or PCR. The 
regulations and standards provided by these three references for the 
safe and humane transport of all animals and plants must be complied 
with for the legal international transport of all CITES-listed animals 
and plants. We update the references to humane transport requirements 
elsewhere in part 23 (Sec. Sec.  23.7, 23.23, 23.26, and 23.56) to 
reflect these changes. Copies of the materials incorporated by 
reference normally may be inspected by appointment, between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays, at: U.S. Fish 
and Wildlife Service Headquarters, Division of Management Authority, 
5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-
2095. However, the COVID-19 pandemic may affect when these materials 
are available for inspection. For information on the availability to 
view this material at the Division of Management Authority office, 
please email us regarding the current status of our office facility at: 
[email protected]. You may find the CITES IBR material on the 
CITES Secretariat's website at https://www.cites.org/eng/resources/transport/index.php and on our website at https://www.fws.gov/international/travel-and-trade/live-animal-transport.html. Interested 
persons may purchase a copy of the IATA publications at: https://www.iata.org/publications.

Section 23.23 What information is required on U.S. and foreign CITES 
documents?

    This section details information that must be included on CITES 
documents.
    To authorize export and re-export of living specimens, Articles 
III, IV, V, and VII of the Convention require the Management Authority 
to be satisfied the living specimens will be so prepared and shipped as 
to minimize the risk of injury, damage to health, or cruel treatment. 
Additionally, under Article VIII of the Convention, Parties are 
required to ensure that all living specimens, during any period of 
transit, holding, and shipment, are properly cared for so as to 
minimize the risk of injury, damage to health, or cruel treatment. To 
meet these obligations, we currently require that CITES export and re-
export documents for live specimens contain a specific condition that 
the document is valid only if the transport complies with certain 
humane-transport standards and require that shipments containing live 
CITES specimens comply with these standards. At CoP14, the Parties 
agreed to promote the full and effective use of the International Air 
Transport Association (IATA) Live Animals Regulations (LAR) (for 
animals) and Perishable Cargo Regulations (PCR) (for plants) as the 
standards for the preparation and transport of live specimens. These 
IATA documents are incorporated by reference into our regulations at 
Sec.  23.9.
    At CoP16, the Parties adopted the CITES guidelines for the non-air 
transport of wild animals and plants. These new guidelines were 
developed by a joint Animals Committee/Plants Committee working group 
(under Decision 15.59) recognizing that the non-air transport of live 
specimens of certain species may require transport conditions in 
addition to or different from those in the IATA regulations. The United 
States participated in the working group and supported the

[[Page 10077]]

adoption of the guidelines at CoP16. With this direct final rule we 
incorporate by reference (in Sec.  23.9) the CITES guidelines for the 
non-air transport of live wild animals and plants as the standard for 
the non-air transport of certain CITES-listed animals and plants. In 
addition, we update our regulations by incorporating by reference (in 
Sec.  23.9) the 48th edition of the IATA LAR and the 21st edition of 
the IATA PCR to replace the 40th edition of the LAR and the 13th 
edition of the PCR that are incorporated by reference in our current 
regulations. We update the references to humane transport requirements 
elsewhere in part 23 (Sec. Sec.  23.7, 23.26, and 23.56) to reflect 
these changes.

Sec.  23.24 What code is used to show the source of the specimen?

    The Management Authority must indicate on CITES documents the 
source of the specimen being traded. The table in Sec.  23.24 contains 
source codes agreed by the CITES Parties for use on CITES documents. At 
CoP16, the Parties agreed to a framework for application of the 
provisions in Articles III and IV of the Treaty for trade in specimens 
taken in the marine environment not under the jurisdiction of any 
country (Resolution Conf. 14.6 (Rev. CoP16), Introduction from the 
sea). At the same time, the Parties agreed to the use of source code 
``X'' on CITES documents issued for such specimens, through the 
adoption of changes to Resolution Conf. 12.3 (Rev. CoP18) on Permits 
and certificates. With this direct final rule, we are adding source 
code ``X'' to the table in Sec.  23.24 for specimens taken in the 
marine environment not under the jurisdiction of any country.
    The Parties agreed, at CoP18, to adopt revisions to Resolution 
Conf. 11.11 (Rev. CoP18), Regulation of trade in plants, including 
addition of the term ``assisted production'' (see the discussion in the 
preamble for Sec.  23.5 regarding the definition of ``assisted 
production'') and to the use of source code ``Y'' on CITES documents 
for such specimens, through the adoption of changes to Resolution Conf. 
12.3 (Rev. CoP18) on Permits and certificates. With this direct final 
rule, we add this new source code to the table in Sec.  23.24 for 
assisted production plants.

Sec.  23.26 When is a U.S. or foreign CITES document valid?

    With this direct final rule, we update the documents incorporated 
by reference into our regulations at Sec.  23.23(c)(7) that provide 
guidance on humane transport of live specimens. (See the preamble 
discussion for Sec.  23.23.) We update the entry on humane transport in 
the table at Sec.  23.26 to reflect these changes.

Sec.  23.56 What U.S. CITES document conditions do I need to follow?

    With this direct final rule, we update the documents incorporated 
by reference into our regulations at Sec.  23.9 that provide guidance 
on humane transport of live specimens. (See the preamble discussions 
for Sec. Sec.  23.9 and 23.23.) Therefore, we update the text at Sec.  
23.56(a)(2) regarding humane-transport conditions to reflect these 
changes.

VI. Public Comments

    We will not consider comments regarding this direct final rule sent 
by email or fax or to an address not listed in ADDRESSES. 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.

VII. Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with this rule. This rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment. A detailed statement under NEPA is not required because 
the rule is covered by a categorical exclusion. This rule is a 
regulation that is of an administrative, legal, technical, or 
procedural nature, and its environmental effects are too broad, 
speculative, or conjectural to lend themselves to meaningful analysis 
under NEPA. The FWS has determined that this rule is categorically 
excluded from further NEPA review as provided by 516 DM 8 (Department 
of the Interior Manual, Series 31, Part 516, Chapter 8: Managing the 
NEPA Process--U.S. Fish and Wildlife Service) and 43 CFR 46.210(i). We 
have also determined that the rule does not involve any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under NEPA.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA), whenever an agency is 
required to publish a notice of rulemaking for any proposed or final 
rule, it must prepare and make available for public comment a 
regulatory flexibility analysis that describes the effects of the rule 
on small entities (i.e., small businesses, small organizations, and 
small government jurisdictions). However, no regulatory flexibility 
analysis is required if the head of the agency certifies the rule will 
not have a significant economic impact on a substantial number of small 
entities.
    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA; 5 U.S.C. 801 et seq.) amended the RFA to require Federal 
agencies to provide a certification statement of the factual basis for 
certifying that the rule will not have a significant economic impact on 
a substantial number of small entities. According to the Small Business 
Administration, small entities include small organizations such as 
independent nonprofit organizations; small governmental jurisdictions, 
including school boards and city and town governments that serve fewer 
than 50,000 residents; and small businesses (13 CFR 121.201). Small 
businesses include manufacturing and mining concerns with fewer than 
500 employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less

[[Page 10078]]

than $27.5 million in annual business, special trade contractors doing 
less than $11.5 million in annual business, and agricultural businesses 
with annual sales less than $750,000. We expect that the majority of 
the entities involved with international trade in CITES specimens would 
be considered small as defined by the SBA.
    This rule would create no substantial fee or paperwork changes in 
the permitting process. The regulatory changes are not major in scope 
and would not change the modest financial or paperwork burden on the 
affected members of the general public currently approved under the 
Paperwork Reduction Act.
    This rule would benefit businesses engaged in international trade 
by providing updated and clearer regulations for the international 
trade of CITES specimens. We do not expect these benefits to be 
significant under the RFA. The authority to enforce CITES requirements 
already exists under the ESA and is carried out by regulations 
contained in 50 CFR part 23. The requirements that must be met for 
import, introduction from the sea, export, and re-export of CITES 
species are based on the text of CITES, which has been in effect in the 
United States since 1975.
    We therefore certify that this rule would not have a significant 
economic effect on a substantial number of small entities as defined 
under the RFA, and a regulatory flexibility analysis is not required.

Small Business Regulatory Enforcement Fairness Act (SBREFA) (5 U.S.C. 
801 et seq.)

    This rule is not a major rule under SBREFA. This rule:
    (a) Will not have an annual effect on the economy of $100 million 
or more. This rule provides the importing and exporting community in 
the United States with updated and more clearly written regulations 
implementing CITES. This rule will not have a negative effect on this 
part of the economy. It will affect import, introduction from the sea, 
export, and re-export of CITES specimens by any person equally, and the 
benefits of having updated guidance on complying with CITES 
requirements will be evenly spread among all businesses, whether large 
or small. There is not a disproportionate share of benefits for small 
or large businesses.
    (b) Will not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, tribal, or local 
government agencies; or geographic regions.
    (c) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
rule will assist U.S. businesses and individuals traveling abroad in 
ensuring that they are meeting all current CITES requirements, thereby 
decreasing the possibility that shipments may be delayed or even seized 
in another country that has implemented CITES resolutions not yet 
incorporated into U.S. regulations.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2 (Department of the Interior Manual, 
Series 30, Part 512, Chapter 2: Departmental Responsibilities for 
Indian Trust Resources), we readily acknowledge our responsibility to 
communicate meaningfully with recognized Federal Tribes on a 
government-to-government basis. In accordance with Secretarial Order 
3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal 
Trust Responsibilities, and the Endangered Species Act), we readily 
acknowledge our responsibilities to work directly with Tribes in 
developing programs for healthy ecosystems, to acknowledge that Tribal 
lands are not subject to the same controls as Federal public lands, to 
remain sensitive to Indian culture, and to make information available 
to Tribes. We have evaluated this rule under the criteria in Executive 
Order 13175 under the Department's consultation policy and have 
determined that it has no substantial direct effects on federally 
recognized Indian Tribes and that consultation under the Department's 
Tribal consultation policy is not required. Individual Tribal members 
must meet the same regulatory requirements as other individuals who 
trade internationally in CITES species.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Management and 
Budget (OMB) will review all significant rules. OMB has determined that 
this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare statements of energy effects when undertaking 
certain actions. This rule revises the current regulations in 50 CFR 
part 23 that implement CITES. The regulations provide procedures to 
assist individuals and businesses that import, introduce from the sea, 
export, and re-export CITES wildlife and plants, and their parts, 
products, and derivatives, to meet international requirements. This 
rule does not significantly affect energy supplies, distribution, and 
use. Therefore, this action is not a significant energy action, and no 
Statement of Energy Effects is required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    (1) This rule would not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or Tribal 
governments, or the private sector, and includes both Federal 
intergovernmental mandates and Federal private sector mandates. These 
terms are defined in 2 U.S.C. 658(5)-(7).
    ``Federal intergovernmental mandate'' includes a regulation that 
would impose an enforceable duty upon State, local, or Tribal 
governments with two exceptions. It excludes a condition of Federal 
assistance. It also excludes a duty arising from participation in a 
voluntary Federal program, unless the regulation relates to a then-
existing Federal program under which $500,000,000 or more is provided 
annually to State, local, and Tribal

[[Page 10079]]

governments under entitlement authority, if the provision would 
increase the stringency of conditions of assistance or place caps upon, 
or otherwise decrease, the Federal Government's responsibility to 
provide funding, and the State, local, or Tribal governments lack 
authority to adjust accordingly. At the time of enactment, these 
entitlement programs were: Medicaid; Aid to Families with Dependent 
Children work programs; Child Nutrition; Food Stamps; Social Services 
Block Grants; Vocational Rehabilitation State Grants; Foster Care, 
Adoption Assistance, and Independent Living; Family Support Welfare 
Services; and Child Support Enforcement. ``Federal private sector 
mandate'' includes a regulation that ``would impose an enforceable duty 
upon the private sector, except (i) a condition of Federal assistance 
or (ii) a duty arising from participation in a voluntary Federal 
program.''
    (2) The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. As the lead agency 
for implementing CITES in the United States, we are responsible for 
monitoring international trade in CITES wildlife and plants, including 
their parts, products, and derivatives, and issuing documents under 
CITES to authorize international trade in CITES wildlife and plants. 
The structure of the program imposes no unfunded mandates; this rule 
imposes no obligations on State, local, or Tribal governments. 
Therefore, a Small Government Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of this rule.
    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. The rule would 
not further restrict the import, export, or re-export of CITES 
specimens. Rather, this rule updates and clarifies the regulations for 
the import, export, and re-export of CITES specimens, which will assist 
the importing and exporting community in conducting international trade 
in CITES specimens. A takings implication assessment is not required.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (federalism), this rule does not have 
significant federalism effects. A federalism summary impact statement 
is not required. These revisions to 50 CFR part 23 do not contain 
significant federalism implications.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
this rule does not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of the Order. Specifically, 
this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

List of Subjects in 50 CFR Part 23

    Animals, Endangered and threatened species, Exports, Fish, Foreign 
trade, Imports, Incorporation by reference, Plants, Transportation, 
Treaties, Wildlife.

Regulation Promulgation

    Therefore, for the reasons discussed in the preamble, we hereby 
amend part 23 of title 50, Code of Federal Regulations, as set forth 
below.

PART 23--CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF 
WILD FAUNA AND FLORA (CITES)

0
1. The authority citation for part 23 continues to read as follows:

    Authority:  Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and 
Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.


0
2. Amend Sec.  23.5 by adding, in alphabetical order, a definition of 
``assisted production'' to read as follows:


Sec.  23.5   How are the terms used in these regulations defined?

* * * * *
    Assisted production means a plant specimen that does not fall 
within the definition of ``artificially propagated'' and the source of 
the specimen is considered not to be taken from the wild because it was 
propagated or planted in an environment with some level of human 
intervention for the purpose of plant production.
* * * * *


Sec.  23.6  [Amended]

0
3. Amend Sec.  23.6 by removing the word ``biennial'' in paragraph (g) 
and adding in its place the words ``periodic Article VIII, paragraph 
7(b)''.


Sec.  23.7  [Amended]

0
4. Amend Sec.  23.7(f)(2) by removing the words ``CITES' Guidelines for 
transport and preparation for shipment of live wild animals and 
plants'' and adding in their place the words ``CITES Guidelines for the 
non-air transport of live wild animals and plants''.

0
5. Revise Sec.  23.9 to read as follows:


Sec.  23.9   Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved material is available for 
inspection at U.S. Fish and Wildlife Service, International Affairs, 
Division of Management Authority, 703-358-2104 and is available from 
the sources listed elsewhere in this section. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (a) International Air Transport Association (IATA), 800 Place 
Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, 1-800-716-
6326, www.iata.org.
    (1) Live Animals Regulations (LAR) 48th edition, effective January 
1, 2022, into Sec. Sec.  23.23, 23.26, and 23.56.
    (2) Perishable Cargo Regulations (PCR) 21st edition, effective 
January 1, 2022, into Sec. Sec.  23.23, 23.26, and 23.56.
    (b) CITES Secretariat: Palais des Nations, Avenue de la Paix 8-14, 
1211 Gen[egrave]ve 10, Switzerland; telephone +41-(0)22-917-81-39/40; 
email [email protected], www.cites.org.
    (1) CITES Guidelines for the non-air transport of live wild animals 
and plants, effective January 2, 2017, into Sec. Sec.  23.23, 23.26, 
and 23.56, available for downloading at
    (i) https://cites.org/eng/resources/transport/index.php

[[Page 10080]]

    (ii) https://www.fws.gov/international/travel-and-trade/live-animal-transport.html
    (2) [Reserved]

0
6. Amend Sec.  23.23 by revising paragraph (c)(7) to read as follows:


Sec.  23.23   What information is required on U.S. and foreign CITES 
documents?

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                  Required information                                         Description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(7) Humane transport of live specimens.................  If the CITES document authorizes the export or re-
                                                          export of live specimens, a statement that the
                                                          document is valid only if the transport conditions
                                                          comply with the International Air Transport
                                                          Association Live Animals Regulations (for animals)
                                                          (incorporated by reference, see Sec.   23.9) or the
                                                          International Air Transport Association Perishable
                                                          Cargo Regulations (for plants) (incorporated by
                                                          reference, see Sec.   23.9) or, in the case of non-air
                                                          transport of species that may require transport
                                                          conditions in addition to or different from the Live
                                                          Animals Regulations or the Perishable Cargo
                                                          Regulations, the CITES Guidelines for the non-air
                                                          transport of wild animals and plants (incorporated by
                                                          reference, see Sec.   23.9). A shipment containing
                                                          live specimens must comply with the International Air
                                                          Transport Association Live Animals Regulations (for
                                                          animals) or the International Air Transport
                                                          Association Perishable Cargo Regulations (for plants)
                                                          or, in the case of non-air transport of species that
                                                          may require transport conditions in addition to or
                                                          different from the Live Animals Regulations or the
                                                          Perishable Cargo Regulations, the CITES Guidelines for
                                                          the non-air transport of wild animals and plants.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. Amend Sec.  23.24 by adding paragraphs (j) and (k) to read as 
follows:


Sec.  23.24   What code is used to show the source of the specimen?

* * * * *

------------------------------------------------------------------------
               Source of specimen                          Code
------------------------------------------------------------------------
 
                              * * * * * * *
(j) Specimens taken in the marine environment     X
 not under the jurisdiction of any country (see
 Sec.   23.39).
(k) Assisted production plant (see Sec.   23.5).  Y
------------------------------------------------------------------------


0
8. Amend Sec.  23.26 by revising paragraph (c)(8) to read as follows:


Sec.  23.26   When is a U.S. or foreign CITES document valid?

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                       Key phrase                              Conditions for an acceptable CITES document
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(8) Humane transport...................................  Live wildlife or plants were transported in compliance
                                                          with the International Air Transport Association Live
                                                          Animals Regulations (for animals) (incorporated by
                                                          reference, see Sec.   23.9) or the International Air
                                                          Transport Association Perishable Cargo Regulations
                                                          (for plants) (incorporated by reference, see Sec.
                                                          23.9) or, in the case of non-air transport of species
                                                          that may require transport conditions in addition to
                                                          or different from the Live Animals Regulations or the
                                                          Perishable Cargo Regulations, the CITES Guidelines for
                                                          the non-air transport of live wild animals and plants
                                                          (incorporated by reference, see Sec.   23.9).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
9. Amend Sec.  23.56 by revising paragraph (a)(2) to read as follows:


Sec.  23.56   What U.S. CITES document conditions do I need to follow?

    (a) * * *
    (2) For export and re-export of live wildlife and plants, transport 
conditions must comply with the International Air Transport Association 
Live Animals Regulations (for animals) (incorporated by reference, see 
Sec.  23.9) or the International Air Transport Association Perishable 
Cargo Regulations (for plants) (incorporated by reference, see Sec.  
23.9) or, in the case of non-air transport of species that may require 
transport conditions in addition to or different from the Live Animals 
Regulations or the Perishable Cargo Regulations, the CITES Guidelines 
for the non-air transport of live wild animals and plants (incorporated 
by reference, see Sec.  23.9).
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-03533 Filed 2-22-22; 8:45 am]
BILLING CODE 4333-15-P