[Federal Register: January 30, 1998 (Volume 63, Number 20)]
[Proposed Rules]
[Page 4613-4615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja98-26]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
Request for Information and Recommendations on Species to
Consider for Changes to the CITES Appendices
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Request for information.
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SUMMARY: This notice solicits recommendations for amending Appendices I
or II of the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES). The U.S. Fish and Wildlife Service
invites information and comment from the public on animal or plant
species that should be considered as candidates for U.S. proposals to
amend Appendices I or II. Such amendments may concern the addition of
species to Appendix I or II, the transfer of species from one Appendix
to another, or the removal of species from Appendix I or II.
DATES: The Service will consider all information and comments received
by March 31, 1998.
ADDRESSES: Correspondence concerning this request pertaining to species
amendments should be sent to Chief, Office of Scientific Authority;
U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Room 750;
Arlington, Virginia 22203. Comments and materials received will be
available for public inspection by appointment from 8 a.m. to 4 p.m.,
Monday through Friday, at the Office of Scientific Authority.
FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, Acting Chief,
Office of Scientific Authority, phone 703-358-1708, fax 703-358-2276,
e-mail susan__lieberman@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora, TIAS 8249 (hereinafter referred to as CITES or the
Convention), is an international treaty designed to control and
regulate international trade in certain animal and plant species that
are now or potentially may be threatened with extinction. These species
are listed in Appendices to CITES, copies of which are available from
the Office of Scientific Authority at the above address or from the
Service's World Wide Web site http://www.fws.gov/r9dia/applinks.html.
Currently 143 countries, including the United States, are Parties to
the Convention. CITES calls for biennial meetings of the Conference of
the Parties, which review its implementation, make provisions enabling
the CITES Secretariat in Switzerland to carry out its functions,
consider amendments to the list of species in Appendices I and II,
consider reports presented by the Secretariat, and make recommendations
for the improved effectiveness of CITES. Any country that is a Party to
CITES may propose amendments to Appendices I and II for consideration
by the other Parties.
This is the first in a series of Federal Register notices which,
together with announced public meetings, provide an opportunity for the
public to participate in the development of the United States'
negotiating positions for the eleventh regular meeting of the
Conference of the Parties to CITES (COP11). The Service's regulations
governing this public process are found in 50 CFR 23.31-23.39.
The Service expects the eleventh meeting of the Conference of the
Parties to be held in November 1999, in Indonesia.
Request for Information and Comments
One of the purposes of this notice is to solicit information that
will help the Service identify species that are candidates for
addition, removal, or reclassification in the CITES Appendices or to
identify issues warranting attention by the CITES Nomenclature
Committee. This request is not limited to species occurring in the
United States. Although U.S. proposals submitted for recent Conferences
of the Parties have focused on species native to the United States, any
Party may submit proposals concerning animal or plant species occurring
in the wild anywhere in the world. The Service encourages the
submission of information on species for possible inclusion in the
Appendices if these species are subject to international trade that may
be detrimentally impacting the status of the species. Complete
proposals are not being requested at this time, but rather we are
asking interested persons to submit convincing information describing:
(1) The status of the species, especially trend information; (2)
conservation and management programs for the species, including the
effectiveness of enforcement efforts; and (3) the level of domestic as
well as international trade in the species, especially trend
information. Any other relevant information can also be provided.
The term ``species'' is defined in CITES as ``any species, sub-
species, or geographically separate population thereof.'' Each species
for which trade is controlled is included in one of three Appendices,
either as a separate listing or incorporated within the listing of a
higher taxon. The basic standards for inclusion of species in the
Appendices are contained in Article II of CITES. Appendix I includes
species threatened with extinction that are or may be affected by
trade. Appendix II includes species which, although not necessarily now
threatened with extinction, may become so unless trade in them is
strictly controlled.
Appendix II also lists species that must be subject to regulation
in order that trade in those currently and potentially threatened
species may be brought under effective control. Such listings
frequently are required because of difficulty in distinguishing
specimens of currently or potentially threatened
[[Page 4614]]
species from other species at ports of entry. Appendix III includes
species that any Party country identifies as being subject to
regulation within its jurisdiction for purposes of preventing or
restricting exploitation and for which it needs the cooperation of
other Parties to control trade. The present notice concerns only
Appendices I and II.
CITES specifies that international trade in any readily
recognizable part or derivative of animals listed in Appendix I or II,
or plants listed in Appendix I, is subject to the same conditions that
apply to trade in the whole organism. With certain standard exclusions
formally approved by the Parties, the same applies to the readily
recognizable parts and derivatives of most plant species listed in
Appendix II. Parts and derivatives usually not included (i.e., not
regulated) for Appendix II plants are: seeds, spores, pollen (including
pollinia), and seedling or tissue cultures obtained in vitro and
transported in sterile containers. Also see 50 CFR 23.23(d), and the
October 6, 1995, Federal Register (60 FR 52450) and February 22, 1996,
Federal Register (61 FR 6793) for further exceptions and limitations.
In 1994, the CITES Parties adopted new criteria for inclusion of
species in Appendices I and II (in Resolution Conf. 9.24). These
criteria apply to all future proposals and are available from the CITES
Secretariat, the World Conservation Monitoring Centre's World Wide Web
site, or upon request to the Office of Scientific Authority (see
ADDRESSES section above). Resolution Conf. 9.24 also established a
format for complete proposals.
However, for purpose of submitting information on species subject
to international trade for possible listing in the Appendices,
submitters of such information to the Service are asked to include as
much of the following information as possible:
(1) Scientific name and common name;
(2) Population size estimates (including reference if available);
(3) Population trend information;
(4) Threats to species status (other than from trade);
(5) Level/trend of international trade (as specific as possible but
without a request for new searches of Service records);
(6) Level/trend in total take from the wild (as specific as
reasonable); and
(7) Short summary statement clearly presenting the rationale for
inclusion in or delisting from one of the Appendices.
Persons wishing to submit more complete proposals for the United
States to consider, should consult Resol. Conf. 9.24 for the format for
proposals and a detailed explanation of each of the categories.
Proposals to transfer a species from Appendix I to Appendix II, or to
remove a species from Appendix II, must be consistent with the
precautionary measures described in Annex 4 of Resol. Conf. 9.24.
Persons having information and comments on species that are
potential candidates for CITES proposals are urged to contact the
Service's Office of Scientific Authority.
Species Being Considered
The Service is considering proposing to transfer the North American
population of the gyrfalcon (Falco rusticolus) from Appendix I to
Appendix II. The gyrfalcon is circumpolar in distribution, including
arctic and subarctic regions of Alaska, Canada, Greenland, and Iceland.
The Service is not aware of any evidence that the North American
gyrfalcon population has ever been threatened due to habitat loss, nest
robbing, or trade. European range States have expressed concern in the
past about enforcement problems that could arise if the North American
population of this bird were downlisted. However, husbandry techniques
have been developed for breeding the species in captivity, and the
trade in North American gyrfalcons would not appear to pose a
significant threat to the European gyrfalcon populations.
The Service is also considering proposing to include the timber
rattlesnake (Crotalus horridus) in Appendix II. The timber rattlesnake
occurs in 27 of the States, from New Hampshire and Minnesota south to
Texas and Florida, having been extirpated from Maine and Rhode Island.
Populations of timber rattlesnakes have declined greatly over much of
their range. They are listed as endangered in many northern States, but
commercial utilization is occurring for the pet trade, and for meat and
leather products.
Draft proposals on the North American population of the gyrfalcon
and on the timber rattlesnake are available from the Office of
Scientific Authority for review and comment. Additional information on
biological status and trade levels is solicited.
Furthermore, the CITES Animals Committee as part of its
responsibilities under Resolution Conf. 9.1 (Rev.) Annex 2 to conduct
periodic reviews of the Appendices, has noted that the Sonoran green
toad (Bufo retiformis) and the orange-throated whiptail lizard
(Cnemidophorus hyperythrus) have not been reported to be in
international trade, and the United States and Mexico should consider
proposing to remove them from the Appendices. Therefore the Service
solicits biological and trade information on these two species.
At its November 1997 meeting, the CITES Plants Committee in accord
with its responsibilities under Resolution Conf. 9.1 (Rev.) Annex 3,
committed to conducting a review of all plant species or other taxa
included in the Appendices before COP5 in 1985 (except for the higher-
taxon listings of cycads, and the family listings of tree ferns,
orchids, and cacti in Appendix II [which are supported by Resol. Conf.
9.18 (Rev.)]), and will seek to assess whether the rest of the taxa are
appropriately listed on the basis of the criteria in Resol. Conf. 9.24
(adopted in 1994). In addition, the Parties at COP10 agreed to a review
of all the timber tree species (see Decision 10.87). As part of the
general review process, the Secretariat on December 19, 1997, in
Notification No. 1009 advised the Parties that range States for the
taxa under review may be contacted by co-ordinators mentioned therein
for information and advice with regard to the assessment. The
Secretariat, in consultation with the Chair of the Plants Committee
(who is the general co-ordinator for the whole review), will extract a
base of information on the tree species from a report due by April 1998
and send it to the range States and relevant organizations, asking for
their opinions (and the extracted summaries will be available from the
Service on request). Preferably using the categories in Resol. Conf.
9.24, the Service would appreciate receiving comments by the date due
(see DATES section above) (including any additional comments soon after
receiving the tree species synopses), on status or trade regarding
those plant species or other taxa native to the United States and
included in the CITES Appendices through 1983 (COP4) and the other
native tree species, and is particularly interested in information that
might warrant a change for any separately listed species or subspecies.
Finally, the Service notes that it is discussing with State
wildlife agency representatives the appropriateness of listing some
native species in Appendix III. This possibility includes some species
originally proposed for inclusion in Appendix II in June 1997 at COP10,
which is the most recent regular meeting of the Conference of the
Parties. Any preliminary decisions to include species in Appendix III
would be announced and comments solicited in a Federal Register notice.
Furthermore, any proposal to include species in Appendix III would be
made
[[Page 4615]]
following the procedure outlined in Resol. Conf. 9.25 (copies available
on request).
Future Actions
The next regular meeting of the Conference of the Parties (COP11)
is expected to be held in November 1999 in Indonesia, and a tentative
U.S. schedule has been developed to prepare for that meeting. Any
proposals to amend Appendix I or II must be submitted by the United
States to the CITES Secretariat 150 days prior to the start of COP11
(i.e., in June 1999). In order to fully accommodate the schedule's
deadlines, the Service plans to expand its discussions with the States
comprising the United States. Therefore, the Service is initiating this
request for status and trade information on species earlier than in
past years, because it is seeking greater involvement of the State
wildlife agencies in the review process. Thus, after this initial
request for species to consider, the State animal and plant
conservation agencies will be asked for specific status and management
information on those native species that are being considered. After
review of any information received, the Service may make some
preliminary decisions and may seek assistance in developing more
complete proposals during the summer and fall of 1998.
The Service intends to publish a Federal Register notice in
December 1998 to announce tentative species proposals to be submitted
by the United States and to solicit further information and comments on
them, as well as providing summary comment on information provided in
response to this notice. In January 1999, a public meeting will be held
to allow for additional input. All CITES Parties within the geographic
range of species proposed for amendments to the Appendices will be
consulted by March 1999, so that final proposals will have the benefit
of their consideration and comments, in accord with Resol. Conf. 8.21.
Another Federal Register notice in about June 1999 will announce the
Service's final decisions and those species proposals submitted by the
United States to the CITES Secretariat. The deadline for submission of
the proposals to the Secretariat is expected to be in June 1999, as
COP11 is currently being planned to take place in November 1999.
Through a series of additional notices in advance of COP11, the
Service will solicit recommendations for possible agenda items and
resolutions designed to improve the implementation of the Convention,
inform the public about preliminary and final negotiating positions on
resolutions and amendments to the Appendices proposed by other Parties
for consideration at COP11, and explain how observer status is obtained
for non-governmental organizations that plan to attend. The Service
will also publish announcements of public meetings expected to be held
in January 1999 and August 1999, to receive public input on its
positions regarding COP11 issues.
Authors: This notice was prepared by Dr. Charles W. Dane and Dr.
Bruce MacBryde, Office of Scientific Authority, under the authority of
the U.S. Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq., 87 Stat. 884, as amended).
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, and Treaties.
Dated: January 23, 1998.
Jamie Rappaport Clark,
Director.
[FR Doc. 98-2388 Filed 1-29-98; 8:45 am]
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