[Federal Register: August 13, 2007 (Volume 72, Number 155)] [Notices] [Page 45260-45264] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au07-90] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Amendments to Appendices I and II Adopted by the Conference of the Parties to CITES at Its Fourteenth Regular Meeting (CoP14) AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: This notice announces the amendments to Appendices I and II adopted by the Conference of the Parties (CoP) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at its fourteenth regular meeting (CoP14). The meeting was held in The Hague, The Netherlands, June 3-15, 2007. In this notice we list those amendments that were adopted by the Parties at the meeting. We also invite public input on whether the United States should take a [[Page 45261]] reservation on the amendments (with the exception of species deleted from the Appendices) that were adopted at the meeting. To date, the United States has entered no reservations to any CITES listing. The amendments to CITES Appendices I and II described in this notice enter into effect on September 13, 2007. DATES: In determining whether the United States should take a reservation on any of the amendments (with the exception of species deleted from the Appendices) to the CITES Appendices adopted at CoP14, we will consider written information and comments submitted by September 12, 2007. ADDRESSES: Comments: Submit your comments concerning whether the United States should take a reservation on the amendments to the CITES Appendices (with the exception of species deleted from the Appendices) adopted at CoP14 by any one of the following methods:By mail or hand-delivery to Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 750, Arlington, VA 22203; By e-mail to scientificauthority@fws.gov; or By fax to 703-358-2276. Comments and materials we receive will be available for public inspection, from 8 a.m. to 4 p.m., Monday through Friday, at the street address given above. Available Information: You may obtain information concerning the resolutions and decisions adopted at CoP14, including the full text of the CITES resolutions discussed in this notice: On the official Web site of the CITES Secretariat at http://www.cites.org (click on Conference of the Parties); By mailing a request to Division of Management Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700, Arlington, VA 22203; By e-mailing a request to cop14@fws.gov; or By faxing a request to 703-358-2095. FOR FURTHER INFORMATION CONTACT: For information pertaining to the discussions of proposed resolutions, decisions, and agenda items at CoP14 contact: Robert R. Gabel, Chief, Division of Management Authority (see ADDRESSES, above). For more information pertaining to the discussions of proposed amendments to the Appendices considered at CoP14, contact: Acting Chief, Division of Scientific Authority (see ADDRESSES, above). SUPPLEMENTARY INFORMATION: Background The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention) is an international treaty designed to control and regulate international trade in certain animal and plant species that are now or potentially may become threatened with extinction due to trade. These species are listed in the Appendices to CITES, which are available on the CITES Secretariat's Web site (http://www.cites.org/eng/app/index.shtml). Currently, 172 countries, including the United States, are Parties to CITES. The Convention calls for regular meetings of the Conference of the Parties (CoP) to review issues pertaining to implementation, make provisions enabling the CITES Secretariat in Switzerland to carry out its functions, consider amendments to the list of species in Appendices I and II, consider reports presented by the Secretariat, and to make recommendations to improve the effectiveness of CITES. Any country that is a Party to CITES may propose and vote on amendments to Appendices I and II (species proposals), draft resolutions and decisions, and agenda items submitted for consideration by the Conference of the Parties. Accredited nongovernmental organizations (NGOs) may participate in the meeting as approved observers and may speak during sessions when recognized by the meeting Chairperson, but they may not vote or submit proposals. In this notice we announce the amendments to Appendices I and II adopted by the Parties at CoP14, held in The Hague, The Netherlands, June 3-15, 2007, and also invite public input on whether the United States should take a reservation on any of the amendments to the Appendices (with the exception of species deleted from the Appendices) adopted by the Parties at CoP14. This is our fifth notice in a series of Federal Register notices relating to CoP14. We published our first CoP14-related Federal Register notice on January 20, 2006 (71 FR 3319), to request information and recommendations on species proposals, draft resolutions and decisions, and agenda items for the United States to consider submitting for consideration at CoP14. We published our second Federal Register notice on November 7, 2006 (71 FR 65126), to request public comments and information on species proposals, draft resolutions and decisions, and agenda items that the United States was considering submitting for consideration at CoP14. On December 11, 2006, we held a public meeting that was announced in our second Federal Register notice; at that meeting, we discussed the issues contained in our November 7, 2006, Federal Register notice and on our website posting on the same topic. In our third Federal Register notice, published on February 21, 2007 (72 FR 7904), we announced the provisional agenda for CoP14, solicited public comments on items listed in the provisional agenda, and announced a second public meeting to discuss the agenda items. Our second public meeting was held on April 9, 2007. In our fourth CoP14-related Federal Register notice published June 1, 2007 (72 FR 30606), we announced the tentative U.S. negotiating positions on species proposals, draft resolutions and decisions, and agenda items submitted by other countries and the CITES Secretariat for consideration at CoP14. We also announced that we would publish a notice after the conclusion of CoP14 inviting public input on whether the United States should take a reservation on any of the amendments to the CITES Appendices adopted at CoP14. You may obtain information on the above Federal Register notices from the following sources. For information on draft resolutions and decisions, and agenda items, contact the Division of Management Authority (see ADDRESSES, above); for information on species proposals, contact the Division of Scientific Authority (see ADDRESSES, above). Our regulations governing this public process are found in 50 CFR 23.31-23.39. Amendments to the Appendices Listed below are the amendments to CITES Appendices I and II adopted at CoP14. These amendments include the inclusion of species in Appendix I or Appendix II; the transfer of species from one Appendix to another; the deletion of species from Appendix I or II; and amendment of the annotations of certain CITES-listed species. [[Page 45262]] Table 1.--Amendments to CITES Appendix I and Appendix II Adopted at the CoP14 ---------------------------------------------------------------------------------------------------------------- Proposal Description of proposal Submitted by Comments ---------------------------------------------------------------------------------------------------------------- 1........................... Transfer of Nycticebus Cambodia 3 ........................... species (slow lorises) from Appendix II to Appendix I. 3........................... Transfer the Ugandan Uganda................. At CoP14, Uganda revised population of leopard the proposal to retain (Panthera pardus) from their leopard population Appendix I to Appendix II in Appendix I with an with an annotation that annual export quota of 28 trade is to be allowed for leopards as sport-hunted the exclusive purpose of trophies. sport hunting for trophies and skins for personal use, to be exported as personal effects; and with an annual export quota of 50 leopards for the whole country. Inf. 61..................... Amendment of the listing Chad and Zambia, on The new proposal (CoP14 annotation for African behalf of Africa. Inf. 61) was developed and elephant (Loxodonta adopted by consensus on africana). The three the agreement that no African elephant proposals further proposals to allow (4, 5, and 6) were trade in elephant ivory withdrawn at the CoP, and from these populations may replaced by a new proposed be submitted to the CoP amendment (CoP14 Inf. 61) until 9 years following that would annotate the the sale of the approved listings of the populations ivory stocks, in of African elephant in accordance with the Appendix II to include provisions set forth in trade in hunting trophies Inf. 61. for non-commercial The Parties also decided purposes; trade in live that the African elephant animals to appropriate and range States shall develop acceptable destinations for an overall African Zimbabwe and Botswana, and elephant action plan to for in situ conservation improve elephant programs for Namibia and management, and that the South Africa; trade in CITES Secretariat shall hides; trade in hair; trade establish an African in leather goods for elephant fund, to be commercial and non- administered by the CITES commercial purposes for Standing Committee, that Botswana, Namibia, and will be applied to South Africa and for non- implement the action plan. commercial purposes for Import of ekipas and ivory Zimbabwe; trade in marked carvings into the United and certified ekipas States is prohibited. (tourist souvenirs) for non- commercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe; and trade in registered raw ivory for Botswana, Namibia, South Africa, and Zimbabwe from existing stockpiles registered by January 31, 2007, subject to certain conditions. 8........................... Amendment of the annotation Bolivia................ The proposal amends the of the vicu[ntilde]a annotation to include the (Vicugna vicugna) entire Bolivian population of Bolivia for vicu[ntilde]a population the exclusive purpose of for wool and products; the allowing international rest of the annotation trade in wool sheared from remains unchanged. live vicu[ntilde]as, and in cloth and items made thereof, including luxury handicrafts and knitted articles. 10.......................... Inclusion of Cuvier's Algeria................ Since 1976, the species had gazelle (Gazella cuvieri) been included in Appendix in Appendix I. III at the request of Tunisia. 12.......................... Inclusion of slender-horned Algeria................ Since 1976, the species had gazelle (Gazella been included in Appendix leptoceros) in Appendix I. III at the request of Tunisia. 13.......................... Transfer of the Brazilian Brazil................. This species is currently population of black caiman listed as endangered under (Melanosuchus niger) from the U.S. Endangered Appendix I to Appendix II. Species Act; therefore, the import of specimens into the United States for commercial purposes is still prohibited. 14.......................... Transfer Guatemalan beaded Guatemala ........................... lizard (Heloderma horridum charlesbogerti) from Appendix II to Appendix I. 17.......................... Inclusion of the Family Kenya, Nicaragua and The proposal was amended to Pristidae (7 species of the United States of include the species sawfish) in Appendix I. America. Pristis microdon in Appendix II with the following annotation: For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes. All other species were included in Appendix I. 18.......................... Inclusion of European eel Germany, on behalf of ........................... (Anguilla anguilla) in the European Community Appendix II. Member States. 22.......................... Deletion of Arizona agave United States.......... Scientific research has (Agave arizonica) from determined that Arizona Appendix I. agave is a randomly occurring first-generation hybrid and not a species. [[Page 45263]] 23.......................... Transfer of Dehesa bear United States.......... Dehesa bear grass is listed grass (Nolina interrata) as endangered under the from Appendix I to Appendix California Endangered II. Species Act; therefore, the collection and sale of wild-collected specimens is prohibited under State law. 24.......................... Deletion of leaf-bearing Argentina ........................... cacti in the genera Pereskia and Quiabentia from Appendix II. 25.......................... Deletion of leaf-bearing Mexico ........................... cacti in the genus Pereskiopsis from Appendix II. 27.......................... Amendment of the annotations Switzerland as the The proposal was produced to Adonis vernalis, Depositary Government, by the Medicinal Plant Guaiacum species, Hydrastis at the request of the Annotations Working Group canadensis, Nardostachys Plants Committee. in consultation with the grandiflora, Panax ginseng, CITES Plants Committee, Panax quinquefolius, which was directed by the Picrorhiza kurrooa, Parties to assess the Podophyllum hexandrum, effectiveness of and Pterocarpus santalinus, streamline the annotations Rauvolfia serpentina, Taxus for CITES-listed medicinal chinensis, T. fuana, T. plants. cuspidata, T. sumatrana, and T. wallichiana, Orchidaceae species in Appendix II, and all Appendix-II and -III taxa annotated with annotation 1. 28.......................... Deletion of Oconee bells United States ........................... (Shortia galacifolia) from Appendix II. 30.......................... Inclusion of pernambuco Brazil................. The proposed annotation was (Caesalpinia echinata) in amended to exclude Appendix II, including all finished bows and buttons parts and derivatives. from CITES controls. The adopted annotation states: ``designates logs, sawn wood, veneer sheets, including wood articles used for the fabrication of bows for stringed musical instruments.'' 35.......................... Amendment of the annotation Switzerland as the This proposal will replace to exempt certain Depositary Government, confusing language in the artificially propagated at the request of the existing taxon-specific hybrids of Orchidaceae Plants Committee. orchid hybrid exemptions (interspecific and (referred to as footnote intergeneric hybrids of 8) with language proposed Cymbidium, Dendrobium, and agreed upon by Phalaenopsis, and Vanda) consensus of the Plants included in Appendix II. Committee. 37.......................... Deletion of the current Switzerland as the The proposed annotation was annotation for Taxus Depositary Government, amended to exempt from chinensis, T. fuana, andT. at the request of the CITES controls sumatrana, and a new Standing Committee. artificially propagated annotation for artificially hybrids and cultivars of propagated hybrids and T. cuspidata live in pots. cultivars of T. cuspidata in pots or other small containers to be exempted from CITES controls. ---------------------------------------------------------------------------------------------------------------- Reservations In addition to announcing the amendments to CITES Appendices I and II that were adopted at CoP14, we invite public input on whether the United States should take any reservations on the amendments to the CITES Appendices (with the exception of species deleted from the Appendices) that were adopted at the meeting. CITES provides a period of 90 days from the close of a meeting of the CoP for any Party to enter a reservation for a particular species listed in Appendix I or II. Countries that choose not to recognize a listing and take a reservation may continue trading in the species without CITES documents with other Parties that have taken the same reservation or with non- Parties, provided such shipments do not transit a Party country. However, trade with Parties that have not taken the same reservation requires CITES documents. While the reservation is in effect the Party is formally treated as a non-Party with respect to trade in the reserved species. A Party that has entered a reservation may withdraw it at any time. CITES Resolution Conf. 4.25 recommends that, when a species is newly listed in Appendix I or is transferred from Appendix II to Appendix I, Parties that take a reservation for that species should treat the species as if it were listed in Appendix II, rather than not listed, when trading with other reserving Parties or non-Parties. Further, CITES Resolution Conf. 9.7 (Rev. CoP13) states that a shipment containing specimens of CITES species traded between non-Parties or reserving Parties or between a non-Party and a reserving Party must be accompanied by CITES documents if it transits a Party country before reaching its final destination. Therefore, if the United States entered a reservation to the listing of a species in Appendix I, we would require a CITES document that meets Appendix II permit criteria (i.e., legal acquisition and non-detriment finding) for international trade in specimens of that species with a non-Party or a Party that has taken the same reservation. The United States has never entered a reservation on any CITES listing because a reservation would do very little to relieve importers in the United States from the need for foreign export permits. As discussed in the Federal Register notice of November 17, 1987 (52 FR 43924), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make it a Federal offense to import into the United States any ``fish or wildlife'' taken, possessed, transported, or sold in violation of foreign laws. If a foreign nation has enacted CITES, and has not taken a reservation with regard to the particular species, part, or derivative, the United States would continue to require CITES documents as a condition of import. Regarding CITES-listed plants, the Lacey Act does not provide the same protections for plants outside of the United States. However, a reservation by the United States also would provide exporters in this country [[Page 45264]] with little relief from the need for U.S. export documents. Unless the receiving country had entered the same reservation or was a non-Party, U.S. exporters of CITES-listed plants and animals would continue to be required to obtain CITES-comparable documents because the Parties have agreed to trade with non-Parties and reserving Parties only if they issue permits and certificates that substantially conform with CITES requirements and contain the required information outlined in CITES Resolution Conf. 9.5 (Rev. CoP13). If the United States were to enter a reservation for a particular species, it may confuse importers and exporters because, as stated above, CITES permit requirements would still be imposed by other Parties. This could lead persons to inadvertently violate the laws of foreign countries that honor the listing. Author This notice was prepared by Pat Ford, Division of Scientific Authority, (see ADDRESSES, above). Authority: This notice is issued under the authority of the U.S. Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: July 31, 2007. H. Dale Hall, Director. [FR Doc. E7-15828 Filed 8-10-07; 8:45 am] BILLING CODE 4310-55-P