[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Proposed Rules]
[Pages 14200-14223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4986]
[[Page 14199]]
Vol. 77
Thursday,
No. 46
March 8, 2012
Part IV
Department of the Interior
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Fish and Wildlife Service
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50 CFR Parts 13, 17 and 23
Revision of Regulations Implementing the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates
Following the Fifteenth Meeting of the Conference of the Parties to
CITES; Proposed Rule
Federal Register / Vol. 77 , No. 46 / Thursday, March 8, 2012 /
Proposed Rules
[[Page 14200]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13, 17, and 23
[Docket No. FWS-R9-IA-2010-0083; 96300-1671-0000-R4]
RIN 1018-AW82
Revision of Regulations Implementing the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES); Updates Following the Fifteenth Meeting of the Conference of
the Parties to CITES
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the Fish and Wildlife Service (FWS or Service), propose to
revise the regulations that implement the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES or Treaty or
Convention) by incorporating certain provisions adopted at the
fourteenth and fifteenth meetings of the Conference of the Parties
(CoP14 and CoP15) to CITES and clarifying and updating certain other
provisions. These changes would bring U.S. regulations in line with
revisions adopted at the most recent meetings of the Conference of the
Parties, which took place in June 2007 (CoP14) and March 2010 (CoP15).
The revised regulations would 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: General Comments: In preparing the final decision on this
proposed rule, we will consider comments received or postmarked on or
before May 7, 2012.
Comments on the Information Collection Aspects of this Proposal:
Comments on the information collection aspects of this proposed rule
will be considered if received by May 7, 2012.
ADDRESSES: General Comments: You may submit comments by one of the
following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov. In the Keyword box, enter Docket No. FWS-
R9-IA-2010-0083, which is the docket number for this rulemaking. Then,
in the Search panel on the left side of the screen, under the Document
Type heading, click on the Proposed Rules link to locate this document.
You may submit a comment by clicking on ``Send a Comment or
Submission.''
By hard copy: Submit by U.S. mail or hand-delivery to:
Public Comments Processing, Attn: FWS-R9-IA-2010-0083; Division of
Policy and Directives Management; U.S. Fish and Wildlife Service; 4401
N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
We will not accept email or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section at
the end of SUPPLEMENTARY INFORMATION for further information about
submitting comments).
Comments on the Information Collection Aspects of this Proposal:
Send comments specific to the information collection aspects of this
proposed rule to the Desk Officer for the Department of the Interior at
OMB-OIRA at (202) 395-5806 (fax) or OIRA_DOCKET@OMB.eop.gov (email).
Please provide a copy of your comments to the Service Information
Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ,
4401 N. Fairfax Drive, Arlington, VA 22203 (mail) or infocol@fws.gov
(email). Please identify comments with 1018-AW82.
FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of
Management Authority; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, Suite 212; Arlington, VA 22203 (telephone, (703) 358-2093; fax,
(703) 358-2280).
SUPPLEMENTARY INFORMATION:
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 175
countries have ratified, accepted, approved, or acceded to CITES; these
countries are known as Parties.
Section 8A of the Endangered Species Act, as amended in 1982 (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.
These authorities have been delegated to the Fish and Wildlife Service.
The original U.S. regulations implementing CITES took effect on May 23,
1977 (42 FR 10462, February 22, 1977), after the first meeting of the
Conference of the Parties (CoP) was held. The CoP meets every 2 to 3
years to vote on proposed resolutions and decisions that interpret and
implement the text of the Treaty and on amendments to the lists of
species in the CITES Appendices. The current U.S. CITES regulations (72
FR 48402, August 23, 2007) contain provisions from applicable
resolutions and decisions adopted at meetings of the Conference of the
Parties up to and including the thirteenth meeting (CoP13), which took
place in 2004. In 2008, through a direct final rule, we incorporated
certain provisions adopted at CoP14 regarding international trade in
sturgeon caviar (73 FR 40983, July 17, 2008).
Proposed Change to 50 CFR Part 13
Scope of regulations (Sec. 13.3): When we published our current
regulations in 2007, we changed the title of 50 CFR part 23. We propose
to update the title of 50 CFR part 23 given in Sec. 13.3 to reflect
this change.
Application procedures (Sec. 13.11): We propose to amend the table
at Sec. 13.11(d)(4) to include an application to renew the
registration of a commercial operation breeding Appendix-I wildlife.
See the discussion under Sec. 23.46 in the preamble. We also propose
to revise Sec. 13.11(b)(3) by updating the address for the Division of
Management Authority and adding the address for the Service's permits
Web page.
General information requirements for permit applications (Sec.
13.12): We propose to update the introductory text of paragraph (b) to
clarify that applicants should refer to 50 CFR part 23 for CITES permit
application requirements. We also propose to remove from the table at
Sec. 13.12(b) the entry for American alligator buyer or tanner
permits, because we no longer issue or require such permits.
Proposed Changes to 50 CFR Part 17
Following publication of our current CITES-implementing regulations
in August 2007, we became aware that 50 CFR part 17 contains some
outdated cross references. Sections 17.62 and 17.72 include references
to the previous version of the CITES regulations, and the List of
Endangered and Threatened Wildlife in 50 CFR 17.11(h) contains
references to a special rule that no longer exists for threatened
caiman. When we updated our CITES regulations in 2007, we also amended
and consolidated the special rules for threatened crocodilians
contained in 50 CFR 17.42. As part of that process, we incorporated the
special rule for threatened caiman into the special rule for threatened
crocodilians, but that change was not reflected in Sec. 17.11. We
propose to update references in part 17 so that they correspond
correctly with
[[Page 14201]]
the current regulations in 50 CFR part 23 and the special rules in 50
CFR 17.42.
Some of the special rules in 50 CFR part 17 contain elements that
are outdated or contain CITES requirements that are more appropriate
for inclusion in 50 CFR part 23. Most of the special rules that pertain
to CITES-listed species were written before the publication of our 2007
CITES regulations. Some of the rules include detailed CITES
requirements because those requirements were not contained in 50 CFR
part 23 prior to 2007. We propose to remove specific CITES requirements
from the special rules in 50 CFR part 17 and, if they are not there
already, insert them into our CITES regulations in 50 CFR part 23.
These proposed changes, with a few exceptions noted below, do not alter
the requirements of the special rules because the requirements added to
or already contained in 50 CFR part 23 are functionally the same as
those currently contained in the special rules. Under the special
rules, specimens may only be imported into the United States if the
requirements in 50 CFR part 23 have been met.
The special rules for vicu[ntilde]a (50 CFR 17.40(m)) and beluga
sturgeon (50 CFR 17.44(y)) include information regarding CITES
requirements for trade in personal and household effects that is now
fully contained in 50 CFR 23.15. To reduce redundancy and improve the
accuracy and clarity of our regulations, we propose to remove the
detailed information on personal and household effects from 50 CFR
17.40(m) and 50 CFR 17.44(y) and refer the readers of those paragraphs
to the CITES regulations in 50 CFR part 23. In the special rule for
beluga sturgeon, the text regarding personal and household effects
contains the quantity of beluga sturgeon caviar (250 grams) that
qualifies as a personal or household effect. When the special rule was
written, 250 grams was the quantity of sturgeon caviar that CITES
Parties had agreed could be traded under the personal or household
effects exemption. Since then, the CITES Parties have reduced the
quantity of sturgeon caviar that qualifies as a personal or household
effect from 250 grams to 125 grams. We have revised our CITES
regulations accordingly (see 50 CFR 23.15 and 73 FR 40983, July 17,
2008). By removing the provisions on personal and household effects and
directing readers of the special rule to the requirements in 50 CFR
part 23, as proposed here, we would effectively bring the beluga
sturgeon special rule in line with current CITES requirements. We
believe this reduction in the quantity of beluga sturgeon caviar that
can be transported as a personal or household effect is necessary and
advisable for the conservation of the species.
The special rules for African elephant (50 CFR 17.40(e)) and
vicu[ntilde]a (50 CFR 17.40(m)) contain CITES requirements for marking
of specimens in international trade. We believe it is more appropriate
to include these marking requirements in our CITES regulations in 50
CFR part 23. Therefore, we propose to remove the trophy-marking
requirements, including the definition of ``lip mark area,'' from the
African elephant special rule in 50 CFR 17.40(e) and insert them into
50 CFR 23.74, which covers international trade in personal sport-hunted
trophies. At CoP15, the Parties adopted a change to the accepted
methods for marking of elephant ivory to allow the use of new
technologies for permanent marking, including the use of lasers. We
propose to incorporate this change into 50 CFR 23.74 and clarify the
marking requirements for elephant ivory consistent with Resolution
Conf. 10.10 (Rev. CoP15). (See the discussion in the preamble for Sec.
23.74.) We supported the change to the marking requirements at CoP15
and believe these updates are necessary and advisable for the
conservation of the species. Under the special rule, African elephant
trophies may only be imported into the United States if the
requirements (including marking requirements) in 50 CFR part 23 have
been met.
Likewise, we propose to remove from the vicu[ntilde]a special rule
in 50 CFR 17.40(m) the specific requirements for labeling cloth made
from vicu[ntilde]a wool and products made from such cloth, since these
are CITES marking requirements, and insert them into a new section in
50 CFR part 23. The labeling requirements in the special rule were
drawn from the annotations to the CITES Appendix-II listings for
vicu[ntilde]a (see 67 FR 37695, May 30, 2002) that were in place at the
time the special rule was written. Since publication of the special
rule in 2002, the annotations have been amended by the CITES Parties,
most recently at CoP14. We supported the changes adopted at CoP14 and
propose to update our labeling requirements to bring them in line with
the CITES requirements contained in the current Appendix-II listing
annotations for vicu[ntilde]a. These changes will facilitate effective
enforcement of conservation measures put in place by the range
countries and are therefore necessary and advisable for the
conservation of the species. We will retain the marking requirements in
the special rule for shipments of wool (referred to as fiber in the
current text of Sec. 17.40(m)) sheared from live vicu[ntilde]a because
marking of raw wool is not required under CITES. The current text of
Sec. 17.40(m) refers to ``raw fiber'' to describe shipments of raw
vicu[ntilde]a wool. We propose to amend this language by using the term
``raw wool'' instead of ``raw fiber'' to more accurately characterize
the specimens in trade.
In addition, we propose to remove text from the vicu[ntilde]a
special rule that addresses the need for the exporting countries to
have designated a Management Authority and a Scientific Authority
because this requirement is now contained in 50 CFR 23.26. These
proposed changes will not alter the requirements of the special rule
because the requirements contained in 50 CFR part 23 are functionally
the same as those currently contained in the special rule.
We propose to further update the vicu[ntilde]a special rule by
clarifying that the exemption under Sec. 17.40(m) applies only to wool
sheared from live animals and to cloth and other products made from
such wool. We also propose minor edits for clarity and uniformity with
other special rules.
We propose to update the address for the Division of Management
Authority given in 50 CFR 17.9, 50 CFR 17.21, and 50 CFR 17.44(y), and
for the Office of Law Enforcement in 50 CFR 17.40(b) and (h). We
propose to clarify in Sec. 17.40(b) who is responsible for reporting
take of grizzly bears. We also propose to insert the scientific name
for leopard into the special rule in 50 CFR 17.40(f).
We propose to delete Appendix A to 50 CFR Chapter I and the
reference to Appendix A in 50 CFR 17.40(e). Appendix A contains an
outdated list of two-letter country codes established by the
International Organization for Standardization (ISO). The Appendix was
added when the African elephant special rule (Sec. 17.40(e)) was
revised in 1982 (47 FR 31384, July 20, 1982) because the country of
origin, indicated by the ISO country code, is part of the information
that must be included in an ivory mark. An up-to-date list of ISO
country codes is now available on both the ISO and CITES Secretariat's
Web sites, and we therefore believe it is unnecessary to retain the
list in Appendix A.
Proposed Changes to 50 CFR Part 23
Deciding if the regulations apply to your proposed activity (Sec.
23.2): We propose to add a paragraph to the table in Sec. 23.2 to
clarify that if a CITES
[[Page 14202]]
specimen you possess or want to enter into intrastate or interstate
commerce is subject to restrictions on its use after import then the
regulations in part 23 apply. We also propose to update the table in
Sec. 23.2 to reflect changes proposed for Sec. 23.92. See the
discussion in the preamble regarding proposed changes to Sec. 23.92 on
exempt wildlife and plants.
Definitions (Sec. 23.5): Whenever possible we define terms using
the wording of the Treaty and the resolutions.
Definitions of ``bred for noncommercial purposes'' and
``cooperative conservation program'': Article VII, paragraph 4, of the
Treaty states that specimens of Appendix-I wildlife species bred in
captivity for commercial purposes shall be deemed to be specimens of
species included in Appendix II. Such specimens can therefore be traded
without the need for an import permit (see Sec. Sec. 23.18 and 23.46).
It also provides in Article VII, paragraph 5, that specimens that are
bred in captivity may be traded under an exemption certificate (see
Sec. Sec. 23.18 and 23.41). Although the Treaty does not use the term
``bred for noncommercial purposes'' in Article VII(5), the Parties have
agreed to use this term as the intended meaning of paragraph 5 because
Article VII(4) addresses specimens bred for commercial purposes.
Our current regulations contain definitions of ``bred for
noncommercial purposes'' and ``cooperative conservation program.''
These terms were defined based on the interpretation of Article VII,
paragraph 5, adopted at CoP11 in Resolution Conf. 11.14 and
subsequently (until CoP14) contained in Resolution Conf. 12.10. Our
current definition of ``bred for noncommercial purposes'' specifies
that a specimen only qualifies to be treated as bred for noncommercial
purposes, and therefore eligible for an exemption certificate, if every
donation, exchange, or loan of the specimen is between facilities that
are involved in a cooperative conservation program. At CoP14, the
Parties removed the definition of ``bred for noncommercial purposes''
from Resolution Conf. 12.10 (including the reference to cooperative
conservation programs) because it was considered to be outside the
scope of the resolution, which addresses the procedure for registering
and monitoring operations that breed Appendix-I animal species for
commercial purposes. The deletion of this paragraph from the resolution
leaves it to the Parties to adopt their own interpretation of Article
VII, paragraph 5.
The changes adopted at CoP14, and our experiences since publication
of our current regulations, have led us to reconsider our definition of
``bred for noncommercial purposes.'' We propose to amend our definition
of ``bred for noncommercial purposes'' by removing the requirement that
the trade be conducted between facilities that are involved in a
cooperative conservation program and, consequently, remove from our
regulations the definition of ``cooperative conservation program''
consistent with recent amendments to CITES resolutions. We are aware
that it is not always feasible for a breeding operation to participate
in or support a recovery activity in cooperation with a range country,
as required under our current definition of ``bred for noncommercial
purposes.'' The change proposed would allow an Appendix-I specimen that
was bred in captivity to be traded under a CITES exemption certificate
where each donation, exchange, or loan of the specimen is noncommercial
(e.g., noncommercial breeding by hobbyists), including situations where
the donation, exchange, or loan is not between two facilities that are
participating in a cooperative conservation program. Our proposed
amendment to the definition is consistent with the current CITES
resolutions. See also the discussion in the preamble for Sec. 23.18.
Coral definitions: We propose to amend our definitions of ``coral
(dead),'' ``coral fragments,'' ``coral (live),'' and ``coral sand'' in
Sec. 23.5 by adding text contained in the coral definitions in the
Annex to Resolution Conf. 11.10 (Rev. CoP15) regarding the level to
which certain coral specimens are identifiable. This clarifying
information was inadvertently omitted from the definitions of these
terms in our current regulations. In addition, we propose to add a
definition of ``coral (stony)'' consistent with Resolution Conf. 11.10
(Rev. CoP15), to clarify that the coral definitions in Sec. 23.5 apply
to stony corals in the orders Helioporacea, Scleractinia, Stolonifera,
Milleporina, and Stylasterina. Due to problems we have encountered in
the implementation of the requirements for trade in stony corals, we
propose to further revise the definitions of ``coral fragments'' and
``coral sand'' to clarify the size of a specimen that meets the
definition of a ``coral fragment'' or ``coral sand'' and may therefore
be considered exempt from the provisions of CITES. The same
clarification regarding ``coral fragments'' was adopted by the Parties
at CoP15. To be consistent, we also propose to clarify the size of a
specimen that meets the definition of ``coral rock.''
Definition of ``cultivar'': Prior to CoP15, the CITES Parties had
not defined ``cultivar,'' a term that is used in the CITES Appendices
and resolutions. We defined the term in our current regulations based
on horticultural and common dictionary definitions. At CoP15, the CITES
Parties adopted a definition of ``cultivar'' in Resolution Conf. 11.11
(Rev. CoP15), which is taken from the eighth edition of the
International Code of Nomenclature for Cultivated Plants (Brickell,
C.D., Alexander, C., David, J.C., Hetterscheid, W.L.A., Leslie, A.C.,
Malecot, V. & Xiaobai Jin (eds.) (2009)). We propose to amend the
definition of ``cultivar'' in Sec. 23.5 to more closely match the
definition adopted by the Parties at CoP15.
Definition of ``introduction from the sea'': We propose to amend
the definition of this term by adding a clarification of the phrase
``marine environment not under the jurisdiction of any country.'' The
definition of ``introduction from the sea'' in Article I, paragraph
(e), of the Treaty contains the phrase ``marine environment not under
the jurisdiction of any State.'' At CoP14, the Parties agreed to a
definition of this phrase, in Resolution Conf. 14.6, which we propose
to incorporate into our regulations. CITES Parties typically use the
word ``State'' to mean country. In our regulations, we use the word
``country'' and so have chosen to use the word ``country'' in place of
``State'' in our definition of introduction from the sea. The CITES
Parties continue to work toward achieving a common understanding of the
practical application of CITES provisions for introduction from the
sea. At CoP15, the Parties agreed that operation of the Standing
Committee's working group on introduction from the sea should be
extended. In the meantime, our current regulations specify when
introduction-from-the-sea provisions apply and what CITES documents are
needed for this type of international trade.
Definition of ``ranched wildlife'': At CoP14, the Animals and
Plants Committees were tasked with determining species for which CITES
source code ``R'' (for ``specimens originating from a ranching
operation'') has been used, surveying countries that have been applying
source code ``R'' to species other than crocodilians transferred from
Appendix I to Appendix II pursuant to ranching, and, if necessary,
proposing a revised definition of source code ``R'' for consideration
at CoP15. The United States participated in a working group
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established to undertake these activities. The group was directed,
among other things, to consider the definition of ``ranching'' and the
use of source code ``R.'' At CoP15, the Parties adopted a revised
definition of source code ``R'' based on the recommendations of the
working group. We propose to incorporate the new definition of source
code ``R'' into Sec. 23.5, consistent with the change to Resolution
Conf. 12.3 (Rev. CoP15) adopted at CoP15.
Contact information for U.S. CITES Authorities (Sec. 23.7): The
Management Authority and Scientific Authority offices have moved since
our current regulations were published. We propose to update the
addresses for these offices.
Information collection (Sec. 23.8): We propose minor edits to this
section to incorporate changes, since our regulations were last
updated, to the OMB Control Numbers assigned to the information
collections associated with 50 CFR part 23.
Prohibitions (Sec. 23.13): We propose to add text to clarify that
violation of any of the provisions of 50 CFR part 23, including use of
CITES specimens imported into the United States contrary to what is
allowed under Sec. 23.55, is unlawful.
Documents for the export of Appendix-I wildlife and plants
(Sec. Sec. 23.18 and 23.19): Sections 23.18 and 23.19 contain decision
trees to help readers determine what type of CITES document is needed
for export of an Appendix-I specimen and where in the regulations they
can find information regarding the different types of documents. We
propose to amend the titles of the decision trees in Sec. Sec. 23.18
and 23.19 to more accurately reflect their purpose. In addition, we
have reevaluated our requirements for export of Appendix-I wildlife and
we propose to amend the decision tree in Sec. 23.18 accordingly.
Article VII, paragraph 4, of the Treaty states that specimens of
Appendix-I wildlife species bred in captivity for commercial purposes
shall be deemed to be specimens of species included in Appendix II.
Such specimens can therefore be traded without the need for an import
permit. Our current regulations require commercial breeders of
Appendix-I wildlife to be registered with the CITES Secretariat in
order to export Appendix-I specimens, regardless of the purpose of the
import. The decision tree asks, at several points, whether the export
of the specimen is for noncommercial purposes. However, because of the
way the decision tree is structured, export of specimens bred in
captivity (according to CITES criteria) at commercial operations that
are not registered with the CITES Secretariat is prohibited, even in
small numbers when the intended use of the specimens in the importing
country is noncommercial.
Based on our experience since publication of our regulations in
2007, we have concluded that this interpretation is overly restrictive.
The exemptions contained in Article VII allow alternatives to the
procedures contained in Articles III, IV, and V for trade in CITES-
listed species when certain criteria are met. However, if an Appendix-I
specimen does not qualify for an exemption under Article VII, it should
not, solely on that basis, also be deemed ineligible for a permit or
certificate under Article III. We propose to amend the decision tree in
Sec. 23.18 by eliminating the boxes that ask if the export is for
noncommercial purposes, which will eliminate the requirement that
commercial operations breeding Appendix-I species must be registered
with the Secretariat to export specimens under any circumstances. We
believe this change reflects the appropriate implementation of Articles
III and VII. We note, however, that we will continue to scrutinize this
trade very carefully and will exercise our right and responsibility
under the Treaty to verify whether the Management Authority of the
importing country has made the appropriate determination of whether an
import is not for primarily commercial purposes. See also the
discussion in the preamble for Sec. 23.5 regarding proposed changes to
the definition of ``bred for noncommercial purposes.''
Information required on CITES documents (Sec. 23.23): This section
details information that must be included on CITES documents. We
propose to amend the first sentence of Sec. 23.23(b), where our
regulations currently indicate that a CITES document must be
``printed,'' to reflect agreement by the Parties at CoP15 that CITES
documents may be issued in an electronic format. While the Parties
agreed that it was possible to issue CITES documents electronically,
they also recognized that there is no obligation on Parties to do so.
Unless there is specific agreement by all Parties involved that
electronic documents are acceptable, Parties issuing electronic
documents must also issue them in paper format. Although the United
States is not in a position to issue or accept electronic permits at
this time, we are aware that other Parties have begun to implement such
a system and therefore propose this minor amendment to Sec. 23.23(b).
We currently require that CITES export and re-export documents for
live wildlife contain a specific condition that the document is only
valid if the transport complies with certain humane-transport
standards. The CITES Guidelines for transport and preparation for
shipment of live wild animals and plants (CITES Guidelines) and the
International Air Transport Association (IATA) Live Animals Regulations
are incorporated by reference into our regulations at Sec.
23.23(c)(7). The CITES Guidelines have not been updated since 1981. At
CoP14, recognizing that IATA regulations are amended annually and are
therefore more responsive to changing needs, and that it is important
to provide humane transport conditions for plants as well as wildlife,
the Parties agreed to promote the full and effective use of IATA's Live
Animals Regulations (for animals) and Perishable Cargo Regulations (for
plants) as the standards for the preparation and transport of live
specimens. Therefore, we propose to remove reference to the CITES
Guidelines and to incorporate by reference the 10th edition of the IATA
Perishable Cargo Regulations as the standard for the transport of
CITES-listed plants. We propose to further update our regulations by
incorporating by reference the 37th edition of the IATA Live Animals
Regulations to replace the 33rd edition that is incorporated by
reference in our current regulations.
We propose to add language in Sec. 23.23(c) and (e) to clarify
that, for products containing more than one CITES species, the CITES
document must include specific information (Appendix, scientific name,
quantity, source code) for each species. See the discussion in the
preamble for Sec. 23.71. We also propose to amend Sec. 23.23(c)(16)
to allow the use of official signature stamps on CITES documents, in
recognition of this global practice.
Under most circumstances, specimens must be identified on CITES
documents using the scientific name of the species to which they
belong. The Parties have agreed to a few specific exceptions to this
requirement, which are detailed in Resolution Conf. 12.3 (Rev. CoP15).
Recognizing the difficulties associated with identification of worked
specimens of certain corals in trade, at CoP15 the Parties amended
Resolution Conf. 12.3 (Rev. CoP15) to allow the use of higher-taxon
names for worked specimens of black coral (Antipatharia). The Parties
agreed that worked specimens of black coral may be identified at the
genus level where the species cannot be readily determined, and where
the genus cannot be readily determined the specimens may be identified
using the
[[Page 14204]]
scientific name of the order Antipatharia. We propose to revise Sec.
23.23(c)(13)(i) to allow the use of higher-taxon names for worked
specimens of black coral consistent with the changes adopted at CoP15.
We will continue to require that raw black coral and live black coral
be identified at the species level.
At CoP14, the Parties agreed to a new quota-setting process for
caviar from shared stocks, including a change in the quota year so that
it would coincide with the harvest season rather than the calendar
year. From 2008 onward, the quota year for caviar from shared stocks
begins on the first of March and ends on the last day of February of
the following year. We updated Sec. 23.71 accordingly (see 73 FR
40983, July 17, 2008) and now propose to revise the language in Sec.
23.23(e)(5)(i) by removing the word ``calendar'' to accommodate
situations in which quotas are set for a 12-month period other than a
calendar year.
Source codes (Sec. 23.24): Our current regulations in Sec. 23.24
indicate that the source code ``O'', for pre-Convention specimens, must
be used in conjunction with another source code. This requirement has
caused problems at our ports of entry because it is not entirely
consistent with the language in Resolution Conf. 12.3 (Rev. CoP15),
which states that the pre-Convention source code ``may'' be used in
conjunction with another source code. We propose to revise Sec. 23.24
so that it is more closely aligned with Resolution Conf. 12.3 (Rev.
CoP15).
We propose to revise the text for source code ``R'' (ranched
wildlife) to point readers to Sec. 23.5, where we have proposed to
insert the definition of ``ranched wildlife'' adopted by the Parties at
CoP15 in Resolution Conf. 12.3 (Rev. CoP15) (see discussion in the
preamble for Sec. 23.5).
In Sec. 23.24(d), we propose to add a reference to the definition
of ``captive-bred wildlife'' in Sec. 23.5 to clarify that such
specimens must meet the definition in that section. In addition, we
propose to remove Sec. 23.24(d)(2)(iii), which refers to cooperative
conservation programs, to reflect the changes we have proposed to the
definition of ``bred for noncommercial purposes.'' See the preamble
discussion regarding the definition of ``bred for noncommercial
purposes'' in Sec. 23.5.
Validity of CITES documents (Sec. 23.26): We propose to add three
additional circumstances in Sec. 23.26(d) for which we may request
verification of a CITES document. When the CITES Secretariat receives
information about a quota for publication, there may be technical
problems or questions about technical or administrative aspects of the
quota that need clarification. Under guidelines contained in Resolution
Conf. 14.7 (Rev. CoP15), if the Secretariat is unable to resolve these
issues with the Party concerned, the Secretariat is directed to publish
the quota with an annotation to indicate its concerns. We wish to
notify the public that we may request verification of a CITES document
if it is issued for a species with an annotated quota that raises
concerns about the validity of the shipment. We may also request
verification of a CITES document for a shipment of captive-bred
Appendix-I wildlife when the specimens did not originate from a
breeding operation that is registered with the CITES Secretariat and we
have reason to believe the import is for commercial purposes. In
addition, if we receive a CITES export document on which the actual
quantity exported has not been validated or certified at the time of
export we may request verification of the document.
We have proposed to 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 propose to update the entry on humane transport in the
table at Sec. 23.26 to reflect these changes.
Presentation of documents at the port (Sec. 23.27): We propose to
add text from the Treaty to this section to highlight the requirement
for Management Authorities to cancel and retain original CITES
documents upon import. We also propose to clarify that authorized
inspecting officials for imports into the United States of CITES-listed
plants are responsible for the cancellation and collection of original
documents for submission to the U.S. Management Authority. FWS Law
Enforcement collects and makes available to the U.S. Management
Authority original CITES documents accompanying wildlife shipments
entering the United States. Original CITES documents accompanying
imports of CITES-listed plant specimens are collected by U.S. Customs
and Border Protection (CBP) and the U.S. Department of Agriculture,
Animal and Plant Health Inspection Service (APHIS), for submission to
the U.S. Management Authority. Documents are maintained in accordance
with the FWS Records Disposition Schedule.
Records for ranched specimens and for plants grown from exempt
plant material (Sec. 23.34): The table at Sec. 23.34 provides
information on the types of records an individual may provide to show
the origin of a specimen when applying for a U.S. CITES document. We
are proposing a minor revision to the entry in the table for ``exempt
plant material'' to make it clear that we are referring to plants grown
from exempt plant material and not the exempt material itself, which
does not require a CITES document.
Prior to CoP15, we considered any specimen that had been removed
from the wild at an early age and raised in captivity to be wild-
caught, and as a result, we used the source code ``W'' when issuing
CITES documents for these specimens. With this proposed rule, however,
we intend to incorporate into our regulations the definition of
``ranched specimen'' adopted at CoP15 (see the preamble discussions for
Sec. Sec. 23.5 and 23.24). Many of the specimens we previously
considered ``wild'' will qualify as ``ranched'' under the new
definition. We propose to add an entry to the table in Sec. 23.34
describing the types of records an applicant may want to provide to
demonstrate that his or her specimens qualify for issuance of a CITES
document with source code ``R'' (ranched wildlife).
Trade in Appendix-I plant hybrids (Sec. Sec. 23.19, 23.23, 23.40,
23.42, 23.47, and 23.92): We propose to add cross-references in
Sec. Sec. 23.40 and 23.47 to clarify the required use of different
types of CITES documents and different source codes for hybrids of
Appendix-I plant species or taxa depending on whether the Appendix-I
listings are annotated to treat hybrids as Appendix-I specimens. We
also propose to amend text in Sec. Sec. 23.19, 23.23, 23.40, 23.42,
and 23.92 that refers to certain Appendix-I plant listings as ``not
annotated to include hybrids'' so that it instead refers to these
listings as ``not annotated to treat hybrids as Appendix-I specimens.''
These revisions do not change the meaning or the intent of these
sections, but more accurately describe CITES provisions regarding
annotations and Appendix-I plant hybrids.
Applications for export permits (Sec. Sec. 23.36, 23.41, 23.69,
23.70, and 23.71): Over the years, to facilitate the application
process, we have developed applications for CITES documents that are
tailored to specific activities. Since our regulations were last
updated, we have created two new application forms: One for the export
of sturgeon and sturgeon products from aquaculture facilities; and
another for establishment of a master file for the export of live
animals that qualify as bred-in-captivity. The Office of Management and
Budget (OMB) approved the collection of information associated with
these application forms under OMB Control Number 1018-0093, which
expires
[[Page 14205]]
February 28, 2014. We propose to add references to the new applications
in the relevant sections of the regulations (Sec. Sec. 23.41 and
23.71). We also propose to add these new applications to the table in
Sec. 23.36, which lists the types of applications (and the FWS form
numbers) for export permits. In addition, we propose to update the
entry in the table for the application to export trophies, to make
clear that it can be used by both hunters and taxidermists. We have
made some changes to the application procedures for export of products
made from crocodilian skins or fur skins. We propose to update
Sec. Sec. 23.69 and 23.70 to reflect these changes.
Seeds and spores (Sec. Sec. 23.40 and 23.64): At CoP15, the CITES
Parties amended Resolution Conf. 11.11 (Rev. CoP15) so that all
references to the term ``seeds'' also refer to ``spores,'' since seeds
and spores are treated the same way under CITES. We propose to make a
corresponding change to subparagraph (e)(1) in Sec. 23.40 and to
subparagraph (g)(4)(ii) in Sec. 23.64, to refer to ``seeds or
spores,'' consistent with Resolution Conf. 11.11 (Rev. CoP15).
Wildlife hybrids (Sec. 23.43): Section 23.43 allows for an
exemption from CITES document requirements for hybrid wildlife
specimens that meet specific criteria. We propose to clarify that an
individual who is unable to clearly demonstrate that his or her
wildlife specimen meets the criteria for an exempt hybrid must obtain a
CITES document. Since 2007, when our current regulations were
published, we have experienced problems at our ports with individuals
claiming the exemption for hybrids without documentation to clearly
demonstrate that their specimens meet the criteria. We propose to
provide examples of the types of records an individual may use to
demonstrate that a particular specimen meets the criteria for an exempt
hybrid. Records used to demonstrate that a specimen meets the criteria
for the exemption must both clearly identify the wildlife specimen and
describe its recent lineage. Many pedigrees simply provide names of
animals in a specimen's lineage, but fail to show the relationship to
any CITES-listed animals in its ancestry or any other information to
clearly show that the animal to be traded has no purebred CITES species
in its previous four generations. A certified pedigree that can be
identified as belonging to the specimen to be traded and that contains
the scientific names of the animals in the specimen's lineage, and
therefore clearly illustrates its genetic history, would show whether
or not the specimen meets the criteria for an exempt wildlife hybrid.
Lack of adequate documentation does not prevent the international
movement of a hybrid wildlife specimen, but it does require the
importer or exporter to obtain the appropriate CITES document.
International travel with personally owned, live wildlife (Sec.
23.44): Since publication of our current regulations in 2007, we have
become aware of some confusion regarding the purpose and appropriate
use of certificates of ownership for personally owned live wildlife
(also known as a ``pet passports''). We propose to clarify that such
documents are to be used for frequent, short-term travel by an
individual when accompanied by his or her personally owned, live
wildlife (e.g., for vacations, to attend competitions, or for similar
purposes of relatively short duration) and that this individual is to
return with the wildlife to his or her country of usual residence at
the end of the trip. Travel of longer duration, including an
international move, should take place under a CITES export or re-export
document, not under a certificate of ownership. We propose to add text
to Sec. 23.44 to specify that, for certificates issued by the U.S.
Management Authority, the owner must return to the United States with
the animal covered by the certificate of ownership before the
certificate expires, similar to the requirements for specimens covered
under a traveling exhibition certificate (see Sec. 23.49).
Registration of a commercial breeding operation for Appendix-I
wildlife (Sec. 23.46): Article VII, paragraph 4, of the Treaty states
that specimens of Appendix-I animal species bred in captivity for
commercial purposes shall be deemed to be specimens of species included
in Appendix II. For such specimens, a Management Authority may grant an
export permit or a re-export certificate without requiring the prior
issuance of an import permit, thus allowing the specimens to be traded
commercially. However, the species remain listed in Appendix I, and
therefore such specimens are not eligible for any exemption limited
specifically to an Appendix-II species or taxon, such as less-
restrictive provisions for personal and household effects.
Resolution Conf. 12.10 (Rev. CoP15) provides guidelines for
registering and monitoring operations that breed Appendix-I animals for
commercial purposes. Section 23.46 implements the resolution by
establishing a procedure for operations that breed Appendix-I animals
for commercial purposes to become registered with the CITES
Secretariat. At CoP15, the Parties adopted changes to the registration
process to address the sometimes lengthy delays that can occur when an
objection is raised regarding an application to register a breeding
facility. Previously, if the concerns of the objecting Party could not
be resolved through consultation with the proponent Party, the
registration application would be decided by a vote of the Parties at
the next CoP. Depending on when the objections were raised, up to 3
years could pass before a decision was taken. The revisions adopted at
CoP15 reduce the time frame (from 60 to 30 days) for consultations
between the objecting Party and the proponent Party, and if those
consultations do not resolve the objection, the Secretariat will submit
the registration application to the Standing Committee at its next
regular meeting, which would usually occur within a year. We expect
that referring disputed applications to the Standing Committee instead
of the CoP will significantly reduce potential delays in the
registration process. We propose to revise Sec. 23.46(b) to
incorporate changes to the registration process adopted at CoP15.
Under Resolution Conf. 12.10 (Rev. CoP15), registered commercial
breeding operations are to be monitored by the Management Authority, in
collaboration with the Scientific Authority, and the Management
Authority is to advise the CITES Secretariat of any major change in the
nature of an operation or in the products it is producing for export.
Our current regulations include an annual reporting requirement to
facilitate monitoring of registered operations. We propose to eliminate
the annual reporting requirement in Sec. 23.46 and establish instead a
process for registration renewal. The registration renewal will be less
burdensome for the registrants, but will allow us to monitor these
facilities and identify major changes in their operating practices.
We propose to limit the length of time a registration is valid to
not more than 5 years. The proposed criteria for renewal are the same
as the criteria for registration of a new operation. However, unlike
the process for initially registering a commercial breeding operation,
the renewal process does not require us to contact the CITES
Secretariat or to consult other CITES Parties. If necessary, upon
renewal or at any time we receive significant new information on a
registered operation, we will provide the updated information to the
CITES Secretariat.
Replacement documents (Sec. 23.52): A Management Authority may
issue a replacement CITES document when the
[[Page 14206]]
original document has been lost, damaged, stolen, or accidentally
destroyed. Section 23.52 contains provisions for issuance and
acceptance of replacement CITES documents. We propose to clarify the
procedures and amend the criteria for issuance and acceptance of
replacement CITES documents in the United States. Since the publication
of our 2007 CITES regulations, we have experienced situations in which
individuals have significantly delayed submission of required documents
for clearance of a shipment while they tried to obtain a replacement
document without our knowledge. In addition, importers or their agents
have attempted to submit ``replacement'' documents when no document had
ever been issued or when the original document was invalid. We propose
to more closely align the criteria for issuance and acceptance of
replacement CITES documents in the United States with those for
issuance and acceptance of retrospective documents found in Sec.
23.53. Proposed amendments to the criteria include: Requirements that
specimens are presented to the appropriate official at the time of
import and that the request for a replacement document is made at that
time; the need for proof of original valid documents; and a statement
of responsibility.
In the United States, an individual may qualify to receive multiple
single-use CITES documents under a master file or annual program. We
propose to clarify that you may not use one of the documents issued
under a master file or annual program as a replacement document, but
must apply for and receive a separate replacement document. The
amendments we are proposing to this section will clarify the
requirements and procedures for obtaining a replacement CITES document.
Retrospective CITES documents (Sec. 23.53): In certain limited
circumstances, CITES documents may be issued and accepted to authorize
an export or re-export that has already occurred or to correct
technical errors on a document accompanying a shipment that has already
occurred. We propose to add text to clarify that we may issue or accept
a retrospective document in circumstances where a technical error was
made by the issuing Management Authority at the time the original
document was issued. As we have for replacement documents, we propose
to clarify in this section that an individual may not use a CITES
document issued under a master file or an annual program as a
retrospective document, but must apply for and receive a separate
retrospective document (see the discussion in the preamble for
replacement documents, Sec. 23.52). We also propose to clarify that
``personal or household effects'' in Sec. 23.53(d)(7)(i) means
specimens that meet the definition of ``personal effect'' or
``household effect'' in Sec. 23.5.
Use of CITES specimens after import into the United States (Sec.
23.55): This section provides conditions for the import and subsequent
use of certain CITES specimens. Its purpose is to prevent commercial
use of specimens after import into the United States when the trade
allowed under CITES is only for a noncommercial purpose. Under Article
II of the Treaty, trade in Appendix-I specimens ``must only be
authorized in exceptional circumstances.'' Unless an Appendix-I
wildlife or plant specimen qualifies for an exemption under Article VII
of the Treaty, it can be imported only when the intended use is not for
primarily commercial purposes. The import and subsequent use of
Appendix-I specimens and certain Appendix-II specimens, including
transfer, donation, or exchange, may be only for noncommercial
purposes. Other Appendix-II specimens and any Appendix-III specimen may
be used for any lawful purpose after import, unless the trade allowed
under CITES is only for noncommercial purposes. See the preambles in
our previous rulemaking documents, 71 FR 20167, April 19, 2006
(proposed rule), and 72 FR 48402, August 23, 2007 (final rule), for
further discussion.
Since publication of our regulations in 2007, we have given further
consideration to the allowed use of a specimen within the United States
when the listing status of the species changes after a specimen has
been imported. We propose to amend this section to clarify that the
allowed use after import into the United States is determined by the
current status of the specimen under CITES and the ESA, except for a
specimen of an Appendix-I species or an Appendix-II species annotated
for noncommercial purposes that was imported before the species was
listed in Appendix I or listed in Appendix II with an annotation
disallowing commercial use. Where an individual can demonstrate that
his or her specimen was imported with no restrictions on its use after
import, prior to the species being listed in Appendix I or Appendix II
with a relevant annotation, we propose to continue to allow its
unrestricted use within the United States.
We have considered the individual who may, for example, have
imported Appendix-II specimens that had no restrictions on their
domestic use and be lawfully utilizing the specimens as part of a
commercial breeding operation. Under our current regulations, he or she
may be precluded from continuing such activities if the species is
subsequently listed in Appendix I. We do not believe it is necessary
for ensuring the conservation and sustainable use of the species to
retroactively apply current import-export restrictions to domestic use
of specimens that were legally imported prior to the imposition of
those restrictions. Therefore, where an individual can clearly
demonstrate that his or her specimens were legally imported prior to
the Appendix-I listing, we propose not to treat those specimens as
specimens of an Appendix-I species with regard to their use within the
United States.
Consistent with our current regulations, we continue to believe
that restrictions on the allowed use after import of specimens of
Appendix-I species may be relaxed if the status of the species improves
and it is subsequently listed in Appendix II or removed from the
Appendices. If the status of a species has changed so that it no longer
requires the strict protections (including the prohibition on
commercial trade) provided by an Appendix-I listing and it is not
listed under the ESA, we see no conservation need for requiring that
specimens imported when the species was listed in Appendix I continue
to be used only for noncommercial purposes. Other applicable laws,
however, may continue to restrict use of the specimen.
Under the change we are proposing, if an Appendix-II specimen is
imported with no restrictions on its use (i.e., it is not protected
under the ESA and it is not subject to an annotation requiring that it
be used only for noncommercial purposes) and the species is
subsequently transferred to Appendix I, if you can clearly demonstrate
that your specimen was imported prior to the Appendix-I listing, use of
the specimen within the United States will not change (i.e., it will
not be restricted) with the change in the status of the species under
CITES. As is currently the case, the allowed use of an Appendix-I
specimen imported for noncommercial purposes may change if the species
is subsequently transferred to Appendix II or removed from the
Appendices. In such a case, the allowed use of the specimen within the
United States will be determined by the current listing status of the
species, not the status of the species at the time it was imported.
We also propose to revise the list in Sec. 23.55(d) of Appendix-I
specimens
[[Page 14207]]
imported with a CITES exemption document that may be used for any
lawful purpose after import (unless other restrictions apply), by
adding hybrid plants derived from one or more unannotated Appendix-I
species exported under a certificate for artificially propagated plants
(with a source code ``A''). The Parties have agreed, in Resolution
Conf. 11.11, that such specimens are regarded as being included in
Appendix II.
Conditions on CITES documents (Sec. 23.56): We are proposing to
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 propose to
update the text at Sec. 23.56(a)(2) regarding humane-transport
conditions to reflect these changes.
Trade in native CITES furbearer species (Sec. 23.69): We propose
to revise the title of this section and the definition of ``CITES
furbearers'' by adding the phrase ``harvested in the United States'' to
the end of both to clarify the scope of this section. Our current
regulations at Sec. 23.69 define ``CITES furbearers'' to mean bobcat
(Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx
canadensis), and the Alaskan populations of gray wolf (Canis lupus) and
brown bear (Ursus arctos). For consistency and clarity, we propose to
further amend our definition of ``CITES furbearers'' to include all
U.S. populations of gray wolf and brown bear. All five of the species
included in our definition of ``CITES furbearers'' are listed in CITES
Appendix II. Certain populations of three of these species, Canada
lynx, gray wolf, and brown bear, are also listed under the ESA. We
initially considered that only the Alaskan populations of gray wolf and
brown bear should be included in our definition of ``CITES furbearers''
because the Alaskan populations are not ESA-listed. However, the same
is true for the Canada lynx, which is included in our definition
throughout its U.S. range. Upon further review, we believe it is more
appropriate to base the definition of ``CITES furbearers'' on the CITES
listings of these species. The definition in Sec. 23.69 includes those
native furbearers for which States may request approval of a CITES
export program. Although the State of Alaska is the only State that
currently has CITES export approval for gray wolf or brown bear, we do
not want to prohibit other States from seeking export approval for
these species in the future if the legal and conservation status of
their populations change.
Section 23.69 details the CITES requirements for import, export, or
re-export of fur skins from CITES furbearers and the requirements that
must be met for export approval of State or tribal programs for CITES
furbearers. Activities involving specimens from populations of CITES
furbearers that are protected under the ESA must also meet the
requirements for ESA-listed species in part 17 and elsewhere in this
title (see Sec. 23.3).
Tagging of CITES fur skins and crocodilian skins (Sec. Sec. 23.69
and 23.70): We propose to amend Sec. Sec. 23.69 and 23.70 to clarify
the appropriate use of CITES replacement tags for CITES fur skins and
crocodilian skins. These sections specify that skins with broken, cut,
or missing tags may not be exported and provide a procedure for
obtaining replacement tags where this is the case. However, the
regulations are not intended to allow for the use of CITES replacement
tags in place of tags that have been deliberately removed to facilitate
processing or for other reasons. Replacement tags are intended to be
used to replace CITES tags that have been inadvertently cut or damaged,
or where the original CITES tags are lost. Although CITES tags
sometimes break during transport or processing and may sometimes fail
as a result of a defect, it has been our experience that the failure
rate is very low (less than 5 percent) and that replacement tags are
needed infrequently. We also propose to amend the phrases in Sec.
23.69 paragraphs (c)(3) and (c)(3)(i) and in Sec. 23.70 paragraphs
(d)(3) and (d)(3)(i) referring to ``broken, cut, or missing'' tags to
be more consistent with the terminology used in Resolution Conf. 11.12
(Rev. CoP15).
In addition, we propose to incorporate changes to tagging
requirements adopted by the Parties at CoP15, including adding
``tamper-resistant'' to the required characteristics of CITES tags for
crocodilians in Sec. 23.70(d)(1)(i) and clarifying that the ``year of
production'' in Sec. 23.70(d)(1)(ii) and (iii) and in Sec.
23.70(d)(3)(ii) refers to the year of skin production. We also propose
to remove the requirement in Sec. 23.70(d)(2) that chalecos must have
a tag attached to each flank, another change adopted by the Parties at
CoP15.
Our regulations in Sec. 23.70 pertaining to tagging of crocodilian
skins in international trade are based on the tagging requirements laid
out in Resolution Conf. 11.12 (Rev. CoP15) and currently require that
the year of production or harvest be included in the information
permanently stamped on each tag. A question has recently been raised on
the CITES Secretariat's electronic forum for Management Authorities
regarding the need for all crocodilian tags to contain the year of
production or harvest. We agree with the interpretation put forward on
the forum that the relevant language from Resolution Conf. 11.12 (Rev.
CoP15) concerning the minimum information to be included on a
crocodilian tag (``* * * and, where appropriate, the year of skin
production or harvest, in accordance with the provisions of Resolution
Conf. 11.16 (Rev. CoP15) * * *'') indicates that it may not always be
appropriate to include the year of skin production or harvest on the
tag. We also agree that the resolution language can be interpreted to
mean that it is appropriate to include the year of skin production or
harvest on tags for specimens subject to Resolution Conf. 11.16 (Rev.
CoP15), i.e., specimens of species from populations that have been
transferred from Appendix I to Appendix II for ranching, but not
necessarily for all other specimens. The resolution leaves some room
for interpretation by the Parties. Therefore, we propose to amend Sec.
23.70(d)(1)(ii) to require that the year of skin production or harvest
be included only on tags for crocodilian specimens from populations
that have been transferred from Appendix I to Appendix II for ranching.
The proposed amendment provides discretion for range countries to
decide (based on their national management regimes and systems for
tracking specimens in trade, etc.) whether it is appropriate for them
to include the year of skin production or harvest on tags they issue
for specimens other than those specimens from populations of species
that have been transferred from Appendix I to Appendix II for ranching.
We will continue to include the year of skin production or harvest on
U.S. tags for export of American alligator skins because several of our
States require that it be included. These proposed amendments will make
our regulations more consistent with Resolution Conf. 11.12 (Rev.
CoP15).
Sturgeon caviar (Sec. 23.71): We propose to revise this section to
provide further guidance on caviar-labeling requirements and the
requirements for trade in sturgeon and sturgeon products other than
caviar. We propose to amend our definition of ``sturgeon caviar'' to
clarify that it refers to roe processed for human consumption, the
commonly understood meaning of the term, and does not include sturgeon
or paddlefish eggs or extracts contained in shampoos, cosmetics,
lotions, or other products for topical application. These products
[[Page 14208]]
containing sturgeon or paddlefish eggs or extracts are regulated under
CITES and must meet the other requirements in part 23, but are not
subject to the caviar-labeling requirements in Sec. 23.71. We also
propose to remove the reference to ``caviar products'' from Sec.
23.71(g) and add text in Sec. 23.23(c) and (e) stating the need for
CITES documents to clearly indicate the scientific name and exact
quantity of each species contained in any product because this
requirement applies to all products containing CITES species, not just
to products containing sturgeon roe. We also propose to provide
information on how U.S. exporters and re-exporters may be added to the
``Register of licensed exporters and of processing and repackaging
plants for specimens of sturgeon and paddlefish species'' maintained by
the CITES Secretariat in accordance with Resolution Conf. 12.7 (Rev.
CoP14).
Sport-hunted trophies (Sec. 23.74): At the time our current
regulations were written, the CITES Parties had not defined ``sport-
hunted trophy.'' We therefore developed the definition in Sec.
23.74(b) based on our experience with international trade in these
items and the commonly understood meaning of the term from the
dictionary and other wildlife regulations. (See 72 FR 48402, August 23,
2007, for further background.)
Prior to CoP15, as part of its regular review of resolutions, the
Secretariat suggested that the Parties consider developing a definition
of ``hunting trophy'' that could be added to a CITES resolution. The
United States participated in discussions through an online forum prior
to CoP15 and in a working group established at CoP15 to consider a
CITES definition of ``hunting trophy.'' At CoP15, the Parties adopted a
definition of ``hunting trophy'' in Resolution Conf. 12.3 (Rev. CoP15).
The major difference between the definition in our current CITES
regulations and the definition adopted by the Parties is that the
definition in Resolution Conf. 12.3 (Rev. CoP15) allows manufactured
items derived from the hunted animal to be considered part of a
``hunting trophy,'' whereas our definition in 50 CFR part 23
specifically excludes such items. We continue to have concerns about
the possible import of fully manufactured products as part of a
``hunting trophy'' when the items were actually purchased at a store or
from a taxidermist, for example, and were not made from the sport-
hunted trophy animal. Therefore, we propose to incorporate into Sec.
23.74(b) the definition contained in Resolution Conf. 12.3 (Rev. CoP15)
with some additional text to clarify the conditions under which we will
allow the import into the United States of manufactured items as part
of a ``hunting trophy.'' If we ultimately incorporate the CITES
definition into our regulations, we will carefully monitor imports of
sport-hunted trophies, particularly imports of manufactured items as
parts of sport-hunted trophies, to evaluate the impact of this change.
If we identify problems with implementation of the new definition that
result in increased conservation risks to these species, we will
revisit our definition of ``sport-hunted trophy'' and propose revisions
as needed.
We propose to move the CITES marking requirements for African
elephant trophies and the definition of ``lip mark area'' from the
African elephant special rule (50 CFR 17.40(e)) into Sec. 23.74. (See
the discussion in the preamble on proposed changes to 50 CFR part 17.)
In addition, at CoP15, the Parties adopted a change to the accepted
methods for marking of elephant ivory to allow the use of new
technologies for permanent marking, including the use of lasers. We
propose to incorporate this change and clarify the marking requirements
for elephant ivory consistent with Resolution Conf. 10.10 (Rev. CoP15).
In addition, we propose to amend Sec. 23.74(d) to clarify that the
requirements in that paragraph apply to sport-hunted trophies from
populations for which the Conference of the Parties has established an
annual export quota. We propose some new text and rearrangement of
existing text in Sec. 23.74(d) and a new paragraph Sec. 23.74(e).
Although the marking requirements and numbers of trophies from these
populations that may be imported have not changed, for clarity, we have
laid out these paragraphs in their entirety.
Trade in vicu[ntilde]a (Sec. 23.75): We propose to add a new
section to the regulations to address the requirements for
international trade in specimens of vicu[ntilde]a. Certain populations
of vicu[ntilde]a are listed in Appendix II for the exclusive purpose of
allowing international trade in wool sheared from live animals, cloth
made from that wool, and products made from the cloth or wool. The
CITES Parties have adopted specific requirements for labeling of these
vicu[ntilde]a products in international trade. These requirements are
currently contained in our special rule for threatened vicu[ntilde]a in
50 CFR part 17. We believe it is more appropriate to include these
specific CITES requirements in our CITES regulations and therefore we
propose to remove them from part 17 and insert them into a new section
(Sec. 23.75) in part 23. (See the discussion in the preamble regarding
proposed changes to part 17.) We also propose minor changes to more
accurately reflect the labeling requirements contained in the current
annotations to the CITES vicu[ntilde]a listings (see the discussion in
the preamble regarding changes to the vicu[ntilde]a special rule in
part 17).
Roles of the Secretariat and the committees (Sec. 23.84): At
CoP14, the Parties agreed to dissolve the Nomenclature Committee and
move its duties and responsibilities to the Animals and Plants
Committees. The CoP now appoints a specialist on zoological
nomenclature to the Animals Committee and a specialist on botanical
nomenclature to the Plants Committee to undertake the work previously
performed by the Nomenclature Committee. These individuals are ex
officio and non-voting. We propose to incorporate these changes,
described in Resolution Conf. 11.1 (Rev. CoP15) and Resolution Conf.
12.11 (Rev. CoP15), into our regulations at Sec. 23.84.
Exempt wildlife and plants (Sec. 23.92): We propose to revise this
section to make a distinction between species or specimens that are
always exempt from CITES requirements and those that are exempt if they
meet certain conditions.
Required Determinations
Regulatory Planning and Review: The Office of Management and Budget
(OMB) has determined that this rule is not significant. OMB bases its
determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act: Under the Regulatory Flexibility Act
(as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever a Federal 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 effect of the rule on small entities (i.e., small
businesses, small organizations,
[[Page 14209]]
and small government jurisdictions) (5 U.S.C. 601 et seq.). However, no
regulatory flexibility analysis is required if the head of an agency
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. Thus, for a regulatory
flexibility analysis to be required, impacts must exceed a threshold
for ``significant impact'' and a threshold for a ``substantial number
of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule would not have a
significant economic impact on a substantial number of small entities.
The U.S. Small Business Administration (SBA) defines a small
business as one with annual revenue or employment that meets or is
below an established size standard. We expect that the majority of the
entities involved with international trade in CITES specimens would be
considered small as defined by the SBA. The declared value for U.S.
international trade in CITES wildlife (not including plants) was $819
million in 2000, $428 million in 2001, $345 million in 2002, $394
million in 2003, $1.5 billion in 2004 (including one export of a single
panda to China with a declared value of $1 billion), $737 million in
2005, $748 million in 2006, $1.0 billion in 2007, and $846 million in
2008.
This proposed rule would create no substantial fee or paperwork
changes in the permitting process. The regulatory changes are not major
in scope and would create only a modest financial or paperwork burden
on the affected members of the general public. The proposed change from
the current annual reporting requirement for registered facilities
breeding Appendix-I wildlife to a 5-year renewal requirement would
reduce the paperwork burden for these facilities.
This proposed 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 Regulatory Flexibility Act. 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 to import, export, and re-export 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 proposed rule would not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
A Regulatory Flexibility Analysis is not required. Accordingly, a Small
Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act: This proposed
rule is not a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. This rule:
a. Would not have an annual effect on the economy of $100 million
or more. This proposed rule provides the importing and exporting
community in the United States with updated and more clearly written
regulations implementing CITES. This proposed rule would not have a
negative effect on this part of the economy. It would affect all
importers, exporters, and re-exporters of CITES specimens equally, and
the benefits of having updated guidance on complying with CITES
requirements would be evenly spread among all businesses, whether large
or small. There is not a disproportionate share of benefits for small
or large businesses.
b. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, tribal, or local
government agencies; or geographic regions. The proposed rule would
result in a small increase in fees for registered operations breeding
Appendix-I species due to the requirement for renewal of registrations
every 5 years.
c. Would 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
proposed rule would 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.
Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.):
a. This proposed rule would not significantly or uniquely affect
small governments. A Small Government Agency Plan is not required. As
the lead agency for implementing CITES in the United States, we are
responsible for monitoring import and export of CITES wildlife and
plants, including their parts, products, and derivatives, and issuing
import and export documents under CITES. The structure of the program
imposes no unfunded mandates. Therefore, this proposed rule would have
no effect on small governments' responsibilities.
b. This proposed rule would not produce a Federal requirement of
$100 million or greater in any year and is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings: Under Executive Order 12630, this proposed rule does not
have significant takings implications. A takings implication assessment
is not required because the proposed rule would not further restrict
the import, export, or re-export of CITES specimens. Rather, the
proposed rule would update and clarify the regulations for the import,
export, and re-export of CITES specimens, which would assist the
importing and exporting community in conducting international trade in
CITES specimens.
Federalism: These proposed revisions to part 23 do not contain
significant Federalism implications. A Federalism Assessment under
Executive Order 13132 is not required.
Civil Justice Reform: Under Executive Order 12988, the Office of
the Solicitor has determined that this proposed rule does not unduly
burden the judicial system and meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act: This proposed rule contains a collection
of information that we have submitted to OMB for review and approval
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We
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.
OMB approved the information collection requirements associated
with the initial registration of commercial facilities that breed CITES
Appendix-I animals (FWS Form 3-200-65) and assigned OMB Control Number
1018-0093, which expires February 28, 2014. Under our current
regulations, once a facility is registered, the registration does not
expire. We are proposing to limit the length of time a registration is
valid to no more than 5 years. Applicants will use Form 3-200-65, the
same form used to request the initial registration, to request renewal
of a registration. We will use the information collected through the
renewal process to determine if an operation still meets the
requirements for registration under CITES.
There are currently 15 U.S. commercial breeding operations
registered with the CITES Secretariat, and we have 9 pending
applications for registration. For each operation that wishes to renew
its registration, the
[[Page 14210]]
frequency of response will be at least every 5 years. We estimate that
we would have no more than 5 applications for renewal in any given year
and that the public burden for this information collection would be 20
hours per response. This estimate includes time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the application form.
OMB Control No.: 1018-NEW.
Title: Renewal of Registration for Appendix-I Commercial Breeding
Operations (CITES).
Service Form Number(s): 3-200-65.
Description of Respondents: Registered commercial facilities that
breed Appendix-I (CITES) animals.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Once every 5 years.
Total Annual Number of Responses: 5.
Completion Time per Response: 20 hours.
Total Annual Burden Hours: 100 hours.
Total Annual Non-hour Cost Burden: $250 (application fee of $50 for
each renewal).
After we issue final regulations, we will incorporate the new
information collection burden for Form 3-200-65 into OMB Control No.
1018-0093.
As part of our continuing efforts to reduce paperwork and
respondent burdens, we invite the public and other Federal agencies to
comment on any aspect of the reporting burden associated with this
proposed information collection. We specifically invite comments
concerning:
(1) Whether or not the collection of information is necessary for
the proper performance of our management functions involving CITES,
including whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
respondents.
If you wish to comment on the information collection requirements
of this proposed rule, send your comments directly to OMB (see detailed
instructions under the heading Comments on the Information Collection
Aspects of this Proposal in the ADDRESSES section). Please identify
your comments with 1018-AW82. Please provide a copy of your comments to
the Service Information Collection Clearance Officer (see detailed
instructions under the heading Comments on the Information Collection
Aspects of this Proposal in the ADDRESSES section).
National Environmental Policy Act (NEPA): This proposed rule has
been analyzed under the criteria of the National Environmental Policy
Act, the Department of the Interior procedures for compliance with NEPA
(Departmental Manual (DM) and 43 CFR part 46), and Council on
Environmental Quality regulations for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508). This proposed rule does
not amount to a major Federal action significantly affecting the
quality of the human environment. An environmental impact statement or
evaluation is not required. This proposed 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 proposed rule is categorically excluded from
further NEPA (42 U.S.C. 4321 et seq.) review as provided by 516 DM 2,
Appendix 1.9, of the Department of the Interior National Environmental
Policy Act Revised Implementing Procedures and 43 CFR 46.210(i). No
further documentation will be made.
Government-to-Government Relationship with Tribes: Under the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22951) and
512 DM 2, we have evaluated possible effects on Federally recognized
Indian Tribes and have determined that there are no effects. Individual
tribal members must meet the same regulatory requirements as other
individuals who trade internationally in CITES species.
Energy Supply, Distribution, or Use: On May 18, 2001, the President
issued Executive Order 13211 on regulations that significantly affect
energy supply, distribution, or use. This proposed rule would revise
the current regulations in 50 CFR part 23 that implement CITES. The
regulations provide procedures to assist individuals and businesses
that import, export, and re-export CITES wildlife and plants, and their
parts, products, and derivatives, to meet international requirements.
This proposed rule would not significantly affect energy supplies,
distribution, and use. Therefore, this action is a not a significant
energy action and no Statement of Energy Effects is required.
Clarity of this regulation: 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:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, please send us
comments by one of the methods listed under the heading General
Comments in the ADDRESSES section. 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.
Public Comments
We are seeking comments on whether the provisions in this proposed
rule allow the affected public to effectively comply with CITES. Except
for comments concerning the information collection aspects of this
proposed rule, you may submit your comments and materials concerning
this proposed rule by one of the methods listed under the heading
General Comments in the ADDRESSES section. We will not accept comments
sent by email or fax or to an address not listed under the heading
General Comments in the ADDRESSES section. For information on
submitting comments concerning the information collection aspects of
this proposed rule, see the DATES, ADDRESSES, and Paperwork Reduction
Act sections of this proposal.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in your written comments, 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays, at the U.S. Fish and Wildlife Service; Division of
Management Authority; 4401 N. Fairfax Drive, Suite 212; Arlington, VA
22203; telephone, (703) 358-2093.
[[Page 14211]]
List of Subjects
50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
50 CFR Part 23
Animals, Endangered and threatened species, Exports, Fish, Foreign
trade, Forest and forest products, Imports, Incorporation by reference,
Marine mammals, Plants, Reporting and recordkeeping requirements,
Transportation, Treaties, Wildlife.
Proposed Regulation Promulgation
For the reasons given in the preamble, we propose to amend title
50, chapter I, subchapter B of the CFR as follows:
PART 13--[AMENDED]
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 9701.
Sec. 13.3 [Amended]
2. Section 13.3 is amended by removing the words ````Endangered
Species Convention'' (the Convention on International Trade in
Endangered Species of Wild Fauna and Flora)'' from the first sentence
and adding in their place the words `` ``Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES)''.''
3. Section 13.11 is amended by:
a. Adding the words ``the Service's permits Web page at http://www.fws.gov/permits/; and the'' immediately following the colon in the
first sentence of subparagraph (b)(3);
b. Removing the words ``Room 700'' from the first sentence of
subparagraph (b)(3) and adding in their place the words ``Room 212'';
c. Adding the word ``street'' immediately before the word
``address'' in the last sentence of subparagraph (b)(3); and
d. Adding an entry to the table in subparagraph (d)(4) under the
section titled ``Endangered Species Act/CITES/Lacey Act'' immediately
following the entry for ``CITES Registration of Commercial Breeding
Operations for Appendix-I Wildlife'' to read as set forth below.
Sec. 13.11 Application procedures.
* * * * *
(d) * * *
(4) * * *
----------------------------------------------------------------------------------------------------------------
Type of permit CFR citation Fee Amendment fee
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Endangered Species Act/CITES/Lacey Act
----------------------------------------------------------------------------------------------------------------
* * * * * * *
--Renewal of Registration of Commercial 50 CFR Part 23............. 50 ...........................
Breeding Operations for Appendix-I
wildlife.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
4. Section 13.12(b) is amended by:
a. Revising the introductory text to read as set forth below;
b. In the table, under the heading ``Threatened wildlife and plant
permits:'' removing the entry for ``American alligator--buyer or
tanner''; and
c. In the table, removing the final entry, ``Endangered Species
Convention permits.''
Sec. 13.12 General information requirements on applications for
permits.
* * * * *
(b) Additional information required on permit applications. As
stated in paragraph (a)(3) of this section, certain additional
information is required on all permit applications. For CITES permit
applications, see part 23 of this subchapter. Additional information
required on applications for other types of permits may be found by
referring to the sections of this subchapter cited in the following
table:
* * * * *
PART 17--[AMENDED]
5. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.9 [Amended]
6. Section 17.9(a)(2) is amended by:
a. Removing the words ``Office of'' and adding in their place the
words ``Division of''; and
b. Removing the words ``Room 700'' and adding in their place the
words ``Room 212''.
Sec. 17.11 [Amended]
7. In Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, the entries for ``Caiman, brown,'' ``Caiman, common,'' and
``Caiman, yacare'' are amended by, in each entry, removing the number
``17.42(g)'' from the column titled ``Special rules'' and adding in its
place the number ``17.42(c)''.
Sec. 17.21 [Amended]
8. Section 17.21(g)(2) is amended by:
a. Removing the words ``Office of'' in the first sentence and
adding in their place the words ``Division of''; and
b. Adding the words ``Room 212,'' in the first sentence immediately
following the words ``Fairfax Drive,''.
9. Section 17.40 is amended by:
a. Revising subparagraph (b)(1)(i)(B) to read as set forth below;
b. Removing the words ``Assistant Regional Director, Division of
Law Enforcement, U.S. Fish and Wildlife Service'' from subparagraphs
(b)(1)(i)(C)(3), (b)(1)(i)(D), and (b)(1)(ii) and adding in their place
the words ``U.S. Fish and Wildlife Service law enforcement office'';
c. Removing subparagraph (e)(1)(iv);
d. Revising subparagraph (e)(3)(iii)(D) to read as set forth below;
e. Adding the words ``(Panthera pardus)'' immediately following the
word ``Leopard'' in the heading of paragraph (f);
f. Revising the first sentence of subparagraph (h)(5) to read as
set forth below;
[[Page 14212]]
g. Revising the heading of paragraph (m) to read as set forth
below;
h. Removing the first sentence following the heading of paragraph
(m);
i. Revising subparagraphs (m)(1)(ii)and (m)(1)(iii) to read as set
forth below;
j. Revising subparagraph (m)(2) to read as set forth below;
k. Removing the words ``an information notice'' from the second
sentence of subparagraph (m)(3) and adding in their place the words ``a
public bulletin'';
l. Removing subparagraphs (m)(3)(i) and (m)(3)(iv); and
m. Redesignating subparagraphs (m)(3)(ii) and (m)(3)(iii) as
subparagraphs (m)(3)(i) and (m)(3)(ii).
Sec. 17.40 Special rules--mammals.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(B) Grizzly bears may be taken in self-defense or in defense of
others, but such taking shall be reported by the individual who has
taken the bear or his designee within 5 days of occurrence to the
Resident Agent in Charge, Office of Law Enforcement, U.S. Fish and
Wildlife Service, 2900 4th Avenue North, Suite 301, Billings, MT 59101
(406-247-7355), if occurring in Montana or Wyoming, or the Special
Agent in Charge, Office of Law Enforcement, U.S. Fish and Wildlife
Service, P.O. Box 9, Sherwood, OR 97140 (503-521-5300), if occurring in
Idaho or Washington, and to appropriate State and Tribal authorities.
Grizzly bears taken in self-defense or in defense of others, including
the parts of such bears, shall not be possessed, delivered, carried,
transported, shipped, exported, received, or sold, except by Federal,
State, or Tribal authorities.
* * * * *
(e) * * *
(3) * * *
(iii) * * *
(D) The trophy is legibly marked in accordance with part 23 of this
subchapter.
* * * * *
(h) * * *
(5) Any take pursuant to paragraph (h)(4) of this section must be
reported in writing to the U.S. Fish and Wildlife Service, Office of
Law Enforcement, 4401 N. Fairfax Drive, LE-3000, Arlington, VA 22203,
within 5 days. * * *
* * * * *
(m) Vicu[ntilde]a (Vicugna vicugna).
(1) * * *
(1) * * *
(ii) Import, export, and re-export. Except as provided in paragraph
(m)(2) of this section, it is unlawful to import, export, or re-export,
or present for export or re-export without valid permits as required
under parts 17 and 23 of this subchapter, any vicu[ntilde]a or
vicu[ntilde]a parts and products. For import of embryos, blood, other
tissue samples, or live vicu[ntilde]a, permits required under Sec.
17.32 and part 23 will be issued only for bona fide scientific research
contributing to the conservation of the species in the wild.
(iii) Other activities. Except as provided in paragraph (m)(2) of
this section, it is unlawful to sell or offer for sale, deliver,
receive, carry, transport, or ship in interstate or foreign commerce
and in the course of a commercial activity any vicu[ntilde]a or
vicu[ntilde]a parts and products. * * * * *
(2) What activities involving vicu[ntilde]a are allowed by this
rule? You may import, export, or re-export, or place in interstate or
foreign commerce, raw wool sheared from live vicu[ntilde]as, cloth made
from such wool, or manufactured or handicraft products and articles
made from or consisting of such wool or cloth without a threatened
species permit issued according to Sec. 17.32 only when the following
provisions have been met:
(i) The specimens originated from a population listed in CITES
Appendix II.
(ii) The provisions in parts 13, 14, and 23 of this subchapter are
met, including the specific labeling provisions in part 23.
(iii) Personal and household effects. Under the provisions of this
special rule, raw wool sheared from live vicu[ntilde]as, cloth made
from such wool, or manufactured or handicraft products and articles
made from or consisting of such wool or cloth are not granted the
personal or household effects exemption described in part 23 of this
subchapter. In addition to the provisions of this paragraph (m)(2),
such specimens may only be imported, exported, or re-exported when
accompanied by a valid CITES document.
(iv) Labeling of wool sheared from live vicu[ntilde]as. Any
shipment of raw wool sheared from live vicu[ntilde]as must be sealed
with a tamper-proof seal and have the following:
(A) An identification tag with a code identifying the country of
origin of the raw vicu[ntilde]a wool and the CITES export permit
number; and
(B) The vicu[ntilde]a logotype as defined in 50 CFR part 23 and the
words ``VICU[Ntilde]A--COUNTRY OF ORIGIN'', where country of origin is
the name of the country from which the raw vicu[ntilde]a wool was first
exported.
(v) At the time of import, the country of origin and each country
of re-export involved in the trade of a particular shipment have not
been identified by the CITES Conference of the Parties, the CITES
Standing Committee, or in a Notification from the CITES Secretariat as
a country from which Parties should not accept permits.
* * * * *
10. Section 17.44 is amended by:
a. Revising the heading of paragraph (y) to read as set forth
below;
b. Removing the first sentence following the heading of paragraph
(y);
c. Revising subparagraph (y)(3)(i)(A) to read as set forth below;
d. Revising subparagraph (y)(3)(ii) to read as set forth below;
e. Removing subparagraph (y)(4)(iii);
f. Redesignating subparagraphs (y)(4)(iv) through (y)(4)(vi) as
(y)(4)(iii) through (y)(4)(v);
g. Revising newly redesignated subparagraph (y)(4)(iii) to read as
set forth below;
h. Revising the fourth sentence after the heading of subparagraph
(y)(5) to read as set forth below;
i. Removing the words ``an information bulletin'' from the first
sentence after the heading of subparagraph (y)(6) and adding in their
place the words ``a public bulletin''; and
j. Removing the words ``Room 700'' in the NOTE to paragraph (y)(6)
and adding in their place the words ``Room 212''.
Sec. 17.44 Special rules--fishes.
* * * * *
(y) Beluga sturgeon (Huso huso). * * *
(3) * * *
(i) * * *
(A) Beluga sturgeon caviar, including beluga sturgeon caviar in
interstate commerce in the United States, must be labeled in accordance
with the CITES labeling requirements in 50 CFR part 23.
* * * * *
(ii) Personal and household effects. You may import, export, or re-
export, or conduct interstate or foreign commerce in beluga sturgeon
specimens that qualify as personal or household effects under 50 CFR
part 23 without a threatened species permit otherwise required under
Sec. 17.32. Trade suspensions or trade restrictions administratively
imposed by the Service under paragraphs (y)(6) or (y)(7) of this
section may also apply to personal and household effects of beluga
sturgeon caviar.
* * * * *
(4) * * *
(iii) CITES compliance. Trade in beluga sturgeon specimens must
comply
[[Page 14213]]
with CITES requirements in 50 CFR part 23. Except as provided in
paragraph (y)(3)(ii) of this section, all shipments of beluga sturgeon
specimens, including those exempted from threatened species permits
under this special rule, must be accompanied by valid CITES documents
upon import, export, or re-export. Beluga sturgeon caviar, including
beluga sturgeon caviar in interstate commerce in the United States,
must be labeled in accordance with the CITES labeling requirements in
50 CFR part 23.
(5) * * * Facilities outside the littoral states wishing to obtain
such exemptions must submit a written request to the Division of
Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax
Drive, Room 212, Arlington, VA 22203, and provide information that
shows at a minimum, all of the following: * * *
* * * * *
11. Section 17.62 is amended by:
a. Revising subparagraph (a)(4); and
b. Revising the third sentence of subparagraph (c)(3), and adding a
sentence to the end of that paragraph, to read as set forth below.
Sec. 17.62 Permits for scientific purposes or for the enhancement of
propagation or survival.
* * * * *
(a) * * *
(4) When the activity applied for involves a species also regulated
by the Convention on International Trade in Endangered Species of Wild
Fauna and Flora, additional requirements in part 23 of this subchapter
must be met.
* * * * *
(c) * * *
(3) * * * If the specimens are of taxa also regulated by the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora, specific information must be entered on the Customs
declaration label affixed to the outside of each shipping container or
package. See part 23 of this subchapter for requirements for trade in
CITES specimens between registered scientific institutions.
* * * * *
12. Section 17.72 is amended by:
a. Revising paragraph (a)(4); and
b. Revising the third sentence of paragraph (c)(3), and adding a
sentence to the end of that paragraph, to read as set forth below.
Sec. 17.72 Permits--general.
* * * * *
(a) * * *
(4) When the activity applied for involves a species also regulated
by the Convention on International Trade in Endangered Species of Wild
Fauna and Flora, additional requirements in part 23 of this subchapter
must be met.
* * * * *
(c) * * *
(3) * * * If the specimens are of taxa also regulated by the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora, specific information must be entered on the Customs
declaration label affixed to the outside of each shipping container or
package. See part 23 of this subchapter for requirements for trade in
CITES specimens between registered scientific institutions.
* * * * *
PART 23--[AMENDED]
13. 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.
14. Section 23.2 is amended by:
a. Revising the text in the left-hand column of paragraph (b) to
read as set forth below;
b. Redesignating paragraph (d) as paragraph (e); and
c. Adding a new paragraph (d) to read as set forth below.
Sec. 23.2 How do I decide if these regulations apply to my shipment
or me?
* * * * *
------------------------------------------------------------------------
Question on proposed activity Answer and action
------------------------------------------------------------------------
* * * * * * *
(b) Is the wildlife or plant specimen * * * * * * *
exempted from CITES requirements (see
Sec. 23.92 (b))?
* * * * * * *
(d) Is the specimen that you possess or (1) YES. The regulations in
want to enter into intrastate or this part apply. See Sec.
interstate commerce subject to 23.55.
restrictions on its use after import?
(2) NO. Continue to paragraph
(e) of this section.
* * * * * * *
------------------------------------------------------------------------
15. Section 23.5 is amended by:
a. Revising the definition of Bred for noncommercial purposes by
removing the words ``, and is conducted between facilities that are
involved in a cooperative conservation program'' from the end of the
sentence;
b. Removing the entry for Cooperative conservation program;
c. Revising the definitions of Coral (dead), Coral fragments, Coral
(live), and Coral sand to read as set forth below;
d. Revising the first sentence, and adding a sentence to the end,
of the definition of Coral rock to read as set forth below;
e. Adding, in alphabetical order, a definition of Coral (stony) to
read as set forth below;
f. Revising the definition of Cultivar to read as set forth below;
g. Revising the definition of Introduction from the sea to read as
set forth below; and
h. Adding, in alphabetical order, a definition of Ranched wildlife
to read as set forth below.
Sec. 23.5 How are the terms used in these regulations defined?
* * * * *
Coral (dead) means pieces of stony coral that contain no living
coral tissue and in which the structure of the corallites (skeletons of
the individual polyps) is still intact and the specimens are therefore
identifiable to the level of species or genus. See also Sec.
23.23(c)(13).
Coral fragments, including coral gravel and coral rubble, means
loose pieces of broken finger-like stony coral between 2 and 30 mm
measured in any direction that contain no living coral tissue and are
not identifiable to the level of genus (see Sec. 23.92 for
exemptions).
Coral (live) means pieces of stony coral that are alive and are
therefore identifiable to the level of species or genus. See also Sec.
23.23(c)(13).
[[Page 14214]]
Coral rock means hard consolidated material greater than 30 mm
measured in any direction that consists of pieces of stony coral that
contain no living coral tissue and possibly also cemented sand,
coralline algae, or other sedimentary rocks. * * * See also Sec.
23.23(c)(13).
Coral sand means material that consists entirely or in part of
finely crushed stony coral no larger than 2 mm measured in any
direction that contains no living coral tissue and is not identifiable
to the level of genus (see Sec. 23.92 for exemptions).
Coral (stony) means any coral in the orders Helioporacea,
Milleporina, Scleractinia, Stolonifera, and Stylasterina.
* * * * *
Cultivar means a horticulturally derived plant variety that: (a)
Has been selected for a particular character or combination of
characters; (b) is distinct, uniform, and stable in these characters;
and (c) when propagated by appropriate means, retains these characters.
The cultivar name and description must be formally published in order
to be recognized under CITES.
* * * * *
Introduction from the sea means transportation into a country of
specimens of any species that were taken in the marine environment not
under the jurisdiction of any country, i.e., taken in those marine
areas beyond the areas subject to the sovereignty or sovereign rights
of a country consistent with international law, as reflected in the
United Nations Convention on the Law of the Sea.
* * * * *
Ranched wildlife means specimens of animals reared in a controlled
environment that were taken from the wild as eggs or juveniles where
they would otherwise have had a very low probability of surviving to
adulthood. See also Sec. 23.34.
* * * * *
Sec. 23.7 [Amended]
16. Section 23.7 is amended by:
a. In paragraph (a) under the Office to contact table heading,
removing the words ``Room 700'' and adding in their place the words
``Room 212''; and
b. In paragraph (b) under the Office to contact table heading,
removing the words ``Room 750'' and adding in their place the words
``Room 110''.
Sec. 23.8 [Amended]
17. Section 23.8 is amended by removing the words ``Numbers 1018-
0093 and 1018-0137'' from the end of the first sentence and adding in
their place the words ``Number 1018-0093''.
18. Section 23.13 is amended by:
a. Redesignating paragraph (d) as paragraph (f);
b. Adding a new paragraph (d) and a new paragraph (e) to read as
set forth below; and
c. In the newly redesignated paragraph (f), removing the words
``(a) through (c)'' and adding in their place the words ``(a) through
(e)''.
Sec. 23.13 What is prohibited?
* * * * *
(d) Use any specimen of a species listed in Appendix I, II, or III
of CITES for any purpose contrary to what is allowed under Sec. 23.55.
(e) Violate any other provisions of this part.
* * * * *
19. Section 23.18 is amended by removing the decision tree and
adding in its place the following decision tree.
Sec. 23.18 What CITES documents are required to export Appendix-I
wildlife?
* * * * *
BILLING CODE 4310-55-P
[[Page 14215]]
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20. Section 23.19 is amended by removing the decision tree and
adding in its place the following decision tree.
Sec. 23.19 What CITES documents are required to export Appendix-I
plants?
* * * * *
[[Page 14216]]
[GRAPHIC] [TIFF OMITTED] TP08MR12.022
BILLING CODE 4310-55-C
21. Section 23.23 is amended by:
a. Removing the words ``on a form printed'' in the first sentence
of paragraph (b) and adding in their place the word ``issued'';
b. Adding a sentence to the end of subparagraph (c)(1) to read as
set forth below;
c. Revising subparagraph (c)(7) to read as set forth below;
d. Removing the first sentence in the right-hand column of
subparagraph (c)(12) and adding in its place two sentences to read as
set forth below;
e. Removing the first sentence in the right-hand column of
subparagraph (c)(13) and adding in its place three sentences to read as
set forth below;
f. Redesignating subparagraphs (c)(13)(i)(B) through (c)(13)(i)(C)
as (c)(13)(i)(C) through (c)(13)(i)(D);
g. Adding new subparagraph (c)(13)(i)(B) to read as set forth
below;
h. Adding the words ``or signature stamp'' immediately following
the words ``original handwritten signature'' in the first sentence of
subparagraph (c)(16);
i. Adding a sentence immediately following the first sentence in
the right-hand column of subparagraph (c)(18) to read as set forth
below;
[[Page 14217]]
j. Revising the first sentence of subparagraph (c)(21) to read as
set forth below;
k. Removing the word ``calendar'' from subparagraph (e)(5)(i);
l. Adding a new subparagraph (e)(10)(iv) to read as set forth
below; and
m. Removing the words ``include hybrids'' from subparagraph
(f)(2)(ii) and adding in their place the words ``treat hybrids as
Appendix-I specimens''.
Sec. 23.23 What information is required on U.S. and foreign CITES
documents?
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
Required information Description
----------------------------------------------------------------------------------------------------------------
(1) * * * * * * For products that contain or consist of more than
one CITES species, the Appendix in which each species is
listed must be indicated on the CITES document.
* * * * * * *
(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) or the International Air
Transport Association Perishable Cargo Regulations (for
plants). A shipment containing live animals must comply
with the requirements of the Live Animals Regulations
(LAR) 37th edition, October 1, 2010, by the International
Air Transport Association (IATA), Reference Number: 9105-
37, ISBN 978-92-9233-373-7. A shipment containing live
plants must comply with the requirements for plants in
IATA's Perishable Cargo Regulations (PCR) 10th edition,
July 1, 2010, Reference Number: 9526-10, ISBN 978-92-9233-
371-3. The incorporation by reference of these documents
was approved by the Director of the Office of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the LAR and PCR may be obtained from
IATA, 800 Place Victoria, P.O. Box 113, Montreal, Quebec,
Canada H4Z 1M1, by calling 1-800-716-6326, or ordering
through the Internet at http://www.iata.org. Copies may
be inspected at the U.S. Management Authority, Fish and
Wildlife Service, 4401 N. Fairfax Dr., Room 212,
Arlington, VA 22203 or at the National Archives and
Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030,
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * * * *
(12) * * * The quantity of specimens authorized in the shipment and,
if appropriate, the unit of measurement using the metric
system. For products that contain or consist of more than
one CITES species, the quantity of each species must be
indicated on the CITES document.
* * * * * * *
(13) * * * The scientific name of the species, including the
subspecies when needed to determine the level of
protection of the specimen under CITES. For products that
contain or consist of more than one CITES species, the
scientific name of each species must be indicated on the
CITES document. Scientific names must be in the standard
nomenclature as it appears in the CITES Appendices or the
references adopted by the CoP. * * *
(i) * * *
(B) If the species cannot be determined for worked
specimens of black coral, specimens may be identified at
the genus level. If the genus cannot be determined for
worked specimens of black coral, the scientific name to
be used is the order Antipatharia. Raw black coral and
live black coral must be identified to the level of
species.
* * * * * * *
(18) * * * * * * For products that contain or consist of more than
one CITES species, the source code of each species must
be indicated on the CITES document. * * *
* * * * * * *
(21) * * * Except as provided for replacement (Sec. 23.52(f)) or
retrospective (Sec. 23.53(f)) CITES documents, the
actual quantity of specimens exported or re-exported: * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
------------------------------------------------------------------------
Type of document Additional required information
------------------------------------------------------------------------
* * * * * * *
(10) * * *................... * * *
(iv) For products that contain or consist
of more than one CITES species, the
information in (i)-(iii) for each
species must be indicated on the CITES
document.
* * * * * * *
------------------------------------------------------------------------
[[Page 14218]]
Sec. 23.24 [Amended]
22. Section 23.24 is amended by:
a. Removing the words ``which should be'' in the first sentence of
the introductory text and adding in their place the words ``which may
be'';
b. Adding the words ``(see Sec. 23.5)'' immediately following the
words ``Captive-bred'' in subparagraph (d)(2)(i);
c. Removing subparagraph (d)(2)(iii);
d. Removing the words ``to be used'' in paragraph (f) and adding in
their place the words ``may be used''; and
e. Removing the words ``(wildlife that originated from a ranching
operation).'' in paragraph (g) and adding in their place the words
``(see Sec. 23.5).''
23. Section 23.26 is amended by:
a. Revising the sentence in the right-hand column of subparagraph
(c)(8) to read as set forth below;
b. Redesignating subparagraphs (d)(4) through (d)(8) as (d)(5)
through (d)(9);
c. Adding new subparagraph (d)(4) to read as set forth below;
d. Redesignating newly designated subparagraphs (d)(7) through
(d)(9) as subparagraphs (d)(8) through (d)(10);
e. Adding new subparagraph (d)(7) to read as set forth below; and
f. Adding new subparagraph (d)(11) to read as set forth below.
Sec. 23.26 When is a U.S. or foreign CITES document valid?
* * * * *
(c) * * *
------------------------------------------------------------------------
Conditions for an acceptable CITES
Key phrase document
------------------------------------------------------------------------
* * * * * * *
(8) * * *.................... Live wildlife or plants were transported
in compliance with the International Air
Transport Association Live Animals
Regulations (for animals) or the
International Air Transport Association
Perishable Cargo Regulations (for
plants) (See Sec. 23.23(c)(7).)
* * * * * * *
------------------------------------------------------------------------
(d) * * *
(4) The CITES document includes a species for which the Secretariat
has published an annotated quota.
* * * * *
(7) We know or have reasonable grounds to believe that an Appendix-
I specimen was not bred at a facility registered with the CITES
Secretariat and that the purpose of the import is commercial.
* * * * *
(11) The export permit or re-export certificate does not contain
validation or certification by an inspecting official at the time of
export of the actual quantity exported or re-exported.
24. Section 23.27 is amended by:
a. Adding two sentences to the end of paragraph (a) to read as set
forth below; and
b. Adding the words ``exporting or re-exporting'' immediately
following the words ``Officials in each'' in the first sentence of
paragraph (c).
Sec. 23.27 What CITES documents do I present at the port?
(a) * * * Article VI, paragraph 6, of the Treaty requires that the
Management Authority of the importing country cancel and retain the
export permit or re-export certificate and any corresponding import
permit presented. In the United States, for imports of CITES-listed
plant specimens, CITES inspecting officials cancel and submit original
CITES documents to the U.S. Management Authority.
* * * * *
25. Section 23.34 is amended by:
a. Removing the words ``Exempt plant material'' from the left-hand
column of subparagraph (b)(3) and adding in their place the words
``Grown from exempt plant material'';
b. Redesignating subparagraphs (b)(6) through (b)(8) as
subparagraphs (b)(7) through (b)(9);
c. Adding a new subparagraph (b)(6) to read as set forth below; and
d. Revising the footnote at the end of subparagraph (b) to read as
set forth below.
Sec. 23.34 What kinds of records may I use to show the origin of a
specimen when I apply for a U.S. CITES document?
* * * * *
(b) * * *
------------------------------------------------------------------------
Source of specimen Types of records
------------------------------------------------------------------------
* * * * * * *
(6) Ranched wildlife......... (i) Records, such as permits, licenses,
and tags, that demonstrate that the
specimen was legally removed from the
wild under relevant Federal, tribal,
State, or local wildlife conservation
laws or regulations:
(A) If taken on private or tribal land,
permission of the landowner if required
under applicable law.
(B) If taken in a national, State, or
local park, refuge or other protected
area, permission from the applicable
agency, if required.
(ii) Records that document the rearing of
specimens at the facility:
(A) Number of specimens (by sex and age-
or size-class) at the facility.
(B) How long the specimens were reared at
the facility.
(C) Signed and dated statement by the
owner or manager of the facility that
the specimens were reared at the
facility in a controlled environment.
(D) Marking system, if applicable.
(E) Photographs or video of the facility.
* * * * * * *
------------------------------------------------------------------------
\1\ If the wildlife was born in captivity from an egg collected in the
wild or from parents that mated or exchanged genetic material in the
wild, see paragraphs (b)(6) and (b)(9). If the plant was propagated
from a non-exempt propagule collected from a wild plant, see paragraph
(b)(9).
[[Page 14219]]
* * * * *
26. Section 23.36 is amended by:
a. Adding, in alphabetical order, two entries to the left-hand
column of the table in subparagraph (b)(1) and two corresponding
entries to the right-hand column of the table, to read as set forth
below;
b. In subparagraph (b)(1) of the table, removing the entry ``Export
of Skins/Products of Bobcat, Canada Lynx, River Otter, Brown Bear, Gray
Wolf, and American Alligator Taken under an Approved State or Tribal
Program'' and adding in its place the entry ``Export of Skins of
Bobcat, Canada Lynx, River Otter, Brown Bear, Gray Wolf, and American
Alligator Taken under an Approved State or Tribal Program'';
c. In subparagraph (b)(1) of the table, removing the entry
``Trophies by Taxidermists'' and adding in its place the entry
``Trophies by Hunters or Taxidermists''; and
d. In the last entry of subparagraph (b)(1), adding the words
``(Live Animals/Samples/Parts/Products)'' immediately following the
words ``Wildlife, Removed from the Wild''.
Sec. 23.36 What are the requirements for an export permit?
* * * * *
(b) * * *
------------------------------------------------------------------------
Type of application for an export permit Form No.
------------------------------------------------------------------------
(1) CITES:
* * * * * * *
Caviar/Live Eggs/Meat of Paddlefish or Sturgeon, From an 3-200-80
Aquaculture Facility......................................
* * * * * * *
Master File for the Export of Live Animals Bred-in- 3-200-85
Captivity.................................................
------------------------------------------------------------------------
* * * * *
Sec. 23.40 [Amended]
27. Section 23.40 is amended by:
a. Removing the words ``include hybrids in the listing'' from
subparagraph (d)(2)(iii) and adding in their place the words ``treat
hybrids as Appendix-I specimens'';
b. Adding the words ``or spore'' in subparagraph (e)(1) immediately
following the words ``from a wild seed'';
c. Removing the words ``include hybrids in the listing'' from
subparagraph (e)(2) and adding in their place the words ``treat hybrids
as Appendix-I specimens''; and
d. Adding the words ``(See Sec. 23.47.)'' after the last sentence
in subparagraph (e)(2).
Sec. 23.41 [Amended]
28. Section 23.41 is amended by adding the words ``, 3-200-80, or
3-200-85'' immediately following the words ``Form 3-200-24'' in
paragraph (c).
Sec. 23.42 [Amended]
29. Section 23.42 is amended by removing the words ``include
hybrids'' from paragraph (b) and adding in their place the words
``treat hybrids as Appendix-I specimens''.
30. Section 23.43 is amended by revising subparagraph (f)(2) and
adding a new subparagraph (f)(3) to read as set forth below.
Sec. 23.43 What are the requirements for a wildlife hybrid?
* * * * *
(f) * * *
(2) For import, export, or re-export of an exempt wildlife hybrid
without CITES documents, you must provide information at the time of
import or export to clearly demonstrate that your specimen has no
purebred CITES specimens in the previous four generations of its
ancestry. If you are unable to clearly demonstrate this, you must
obtain CITES documents. The information you provide must clearly
identify the specimen and demonstrate its recent lineage. Such
information may include, but is not limited to, the following:
(i) Records that identify the name and address of the breeder and
identify the specimen by birth or hatch date and by sex, band number,
microchip number, or other mark.
(ii) Certified pedigree issued by an internationally recognized
association that contains scientific names of the animals in the
specimen's recent lineage and clearly illustrates its genetic history.
If the pedigree contains codes, you must provide a key or guide that
explains the meaning of the codes.
(3) Although a CITES document is not required for an exempt
wildlife hybrid, you must follow the clearance requirements for
wildlife in part 14 of this subchapter, including the prior
notification requirements for live wildlife.
31. Section 23.44 is amended by revising the section heading and
adding a new subparagraph (e)(7) to read as set forth below.
Sec. 23.44 What are the requirements for traveling internationally
with my personally owned live wildlife?
* * * * *
(e) * * *
(7) You must return the wildlife to the United States before the
certificate expires.
32. Section 23.46 is amended by:
a. Removing the words ``facilitate a dialogue for resolution of the
identified problems within 60 days.'' from the end of the last sentence
of subparagraph (b)(3) and adding in their place the words ``allow a
further 30 days for resolution of the identified problems.'';
b. Revising subparagraph (b)(4) to read as set forth below;
c. Removing subparagraphs (b)(5) and (b)(6);
d. Redesignating subparagraphs (b)(7) through (b)(12) as
subparagraphs (b)(5) through (b)(10);
e. Revising the first sentence of newly redesignated subparagraph
(b)(7), and adding a sentence following the first sentence of that
subparagraph to read as set forth below;
f. Adding a sentence immediately following the first sentence of
newly redesignated subparagraph (b)(8) to read as set forth below;
g. Revising the last sentence of newly redesignated subparagraph
(b)(8) by removing the words ``, and the Animals Committee will review
the operation to determine whether it should remain registered'';
h. Revising newly redesignated subparagraph (b)(10) by removing the
words ``bred at a commercial breeding operation that is registered with
the CITES Secretariat as provided in this section'' and adding in their
place the words ``bred-in-captivity (see Sec. 23.63)'';
i. Removing subparagraph (e)(3);
j. Redesignating subparagraph (e)(4) as subparagraph (e)(3);
k. Adding a new subparagraph (e)(4) to read as set forth below;
l. Redesignating paragraphs (f) through (h) as paragraphs (h)
through (j);
m. Adding a new paragraph (f) to read as set forth below;
[[Page 14220]]
n. Adding a new paragraph (g) to read as set forth below; and
o. Removing the words ``Form 3-200-24'' from newly designated
paragraph (i) and adding in their place the words ``the appropriate
form (see Sec. 23.36)''.
Sec. 23.46 What are the requirements for registering a commercial
breeding operation for Appendix-I wildlife and commercially exporting
specimens?
* * * * *
(b) * * *
(4) If the objection is not withdrawn or the identified problems
are not resolved within the 30-day period, the Secretariat will submit
the application to the Standing Committee at its next regular meeting.
The Standing Committee will determine whether the objection is
justified and decide whether to accept the application.
* * * * *
(7) If a Party believes that a registered operation does not meet
the bred-in-captivity requirements, it may, after consultation with the
Secretariat and the Party concerned, propose to the Standing Committee
that the operation be deleted from the register. At its following
meeting, the Standing Committee will consider the concerns raised by
the objecting Party, and any comments from the registering Party and
the Secretariat, and determine whether the operation should be deleted
from the register. * * *
(8) * * * In the United States, we will monitor registered
operations, in part, by requiring each operation to apply for renewal
and demonstrate that it continues to qualify for registration at least
once every 5 years. (See paragraphs (e)(4) and (f) of this section.) *
* *
* * * * *
(e) * * *
(4) Registrations will be valid for a period not to exceed 5 years.
Registrants who wish to remain registered must request renewal before
the end of the period of validity of the registration.
(f) U.S. application to renew a registration. Requests for renewal
of a registration should be submitted at least 3 months before the
registration expires. Complete Form 3-200-65 and submit it to the U.S.
Management Authority.
(g) Criteria for renewal of U.S. registrations. To renew your
registration, you must provide sufficient information for us to find
that your proposed activity continues to meet all of the criteria in
paragraph (d) of this section.
* * * * *
33. Section 23.47 is amended by adding a sentence to the end of
paragraph (a) to read as set forth below.
Sec. 23.47 What are the requirements for export of an Appendix-I
plant artificially propagated for commercial purposes?
(a) * * * This section does not apply to hybrids of one or more
Appendix-I species or taxa that are not annotated to treat hybrids as
Appendix-I specimens (see Sec. 23.40).
* * * * *
34. Section 23.52 is amended by:
a. Removing the last sentence of paragraph (a) and adding in its
place two new sentences to read as set forth below;
b. Adding a new subparagraph (b)(6) to read as set forth below;
c. Revising the introductory text of paragraph (d) to read as set
forth below;
d. Redesignating subparagraphs (d)(1) and (d)(2) as (d)(1)(i) and
(d)(1)(ii);
e. Adding a new paragraph (d)(1) to read as set forth below;
f. Adding a new subparagraph (d)(1)(iii) to read as set forth
below; and
g. Adding a new paragraph (d)(2) to read as set forth below.
Sec. 23.52 What are the requirements for replacing a lost, damaged,
stolen, or accidentally destroyed CITES document?
(a) * * * To renew a U.S. CITES document, see part 13 of this
subchapter. To amend a U.S. CITES document, see part 13 of this
subchapter if the activity has not yet occurred or, if the activity has
already occurred, see Sec. 23.53 of this part.
(b) * * *
(6) In the United States, you may not use an original single-use
CITES document issued under a CITES master file or CITES annual program
as a replacement document for a shipment that has already left the
country.
* * * * *
(d) Criteria. The criteria in this paragraph (d) apply to the
issuance and acceptance of U.S. and foreign documents.
(1) When applying for a U.S. replacement document, you must provide
sufficient information for us to find that your proposed activity meets
all of the following criteria:
(i) * * *
(ii) * * *
(iii) The specimens were presented to the appropriate official for
inspection at the time of import and a request for a replacement CITES
document was made at that time.
(2) For acceptance of foreign CITES replacement documents in the
United States, you must provide sufficient information for us to find
that your proposed activity meets all of the following criteria:
(i) The specimens were presented to the appropriate official for
inspection at the time of import and a request for a replacement CITES
document was made at that time.
(ii) The importer or the importer's agent submitted a signed,
dated, and notarized statement at the time of import that describes the
circumstances that resulted in the CITES document being lost, damaged,
stolen, or accidentally destroyed.
(iii) The importer or the importer's agent provided a copy of the
original lost, stolen, or accidentally destroyed document at the time
of import showing that the document met the requirements in Sec. Sec.
23.23, 23.24, and 23.25.
* * * * *
35. Section 23.53 is amended by:
a. Revising paragraph (a) to read as set forth below;
b. Adding a new subparagraph (b)(8) to read as set forth below;
c. Revising subparagraph (d)(6)(ii) to read as set forth below; and
d. Adding the words ``as defined in Sec. 23.5'' to the end of the
sentence in subparagraph (d)(7)(i).
Sec. 23.53 What are the requirements for obtaining a retrospective
CITES document?
(a) Retrospective CITES documents may be issued and accepted in
certain limited situations after an export or re-export has occurred,
but before the shipment is cleared for import. When specific conditions
are met, a retrospective CITES document may be issued to authorize
trade that has taken place without a CITES document or to correct
certain technical errors in a CITES document after the authorized
activity has occurred.
(b) * * *
(8) In the United States, you may not use a U.S. CITES document
issued under a CITES master file or CITES annual program as a
retrospective CITES document.
* * * * *
(d) * * *
(6) * * *
(ii) The Management Authority unintentionally made a technical
error when issuing the CITES document that was not prompted by
information provided by the applicant.
* * * * *
36. Section 23.55 is amended by:
a. Revising the introductory text to read as set forth below;
b. Revising the table's headings to read as set forth below;
c. Revising the text in the first block of the right-hand column of
the table, which corresponds to paragraphs (a), (b), and (c) in the
left-hand column of the table, to read as set forth below;
[[Page 14221]]
d. Adding the words ``or Appendix III'' immediately following the
words ``Appendix II'' in paragraph (c);
e. Adding the word ``lawful'' immediately before the word
``purpose'' in the first phrase in the second block of the right-hand
column of the table, which corresponds to paragraphs (d), (e), and (f)
in the left-hand column of the table;
f. Redesignating subparagraph (d)(5) as (d)(6);
g. Adding a new subparagraph (d)(5) to read as set forth below; and
h. Revising paragraph (f) to read as set forth below.
Sec. 23.55 How may I use a CITES specimen after import into the
United States?
In addition to the provisions in Sec. 23.3, you may only use CITES
specimens after import into the United States for the following
purposes:
------------------------------------------------------------------------
If the species is listed in Allowed use within the United States
------------------------------------------------------------------------
(a) * * *.................... The specimen may be used, including a
(b) * * *.................... transfer, donation, or exchange, only
(c) * * *.................... for noncommercial purposes. In cases
where the species was listed in CITES
Appendix I or in Appendix II with an
annotation for noncommercial purposes
subsequent to the import of your
specimen, if you are able to demonstrate
(using records or other evidence) that
your specimen was imported prior to the
Appendix-I or annotated Appendix-II
listing, with no restrictions on its use
after import, you may continue to use
the specimen as indicated in paragraphs
(d), (e) and (f) of this section.
* * * * * * *
(d) * * *....................
(5) Certificate for .........................................
artificially propagated
plants with a source code of
``A'' for artificially
propagated hybrid specimens
derived from one or more
unannotated Appendix-I
species or other taxa. * * *.
* * * * * * *
(f) Appendix III, other than .........................................
those in paragraph (c) of
this section.
------------------------------------------------------------------------
37. Section 23.56 is amended by revising subparagraph (a)(2) to
read as set forth below.
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) or the International Air
Transport Association Perishable Cargo Regulations (for plants) (See
Sec. 23.23(c)(7).)
* * * * *
Sec. 23.64 [Amended]
38. In Sec. 23.64, subparagraph (g)(4)(ii) is amended by adding
the words ``or spores'' immediately following the words ``to collect
seeds''.
39. Section 23.69 is amended by:
a. Revising the title of the section and the first sentence of
paragraph (a) to read as set forth below;
b. Revising the first two sentences of paragraph (c)(3) to read as
set forth below;
c. Removing the words ``broken, cut, or missing'' from the first
sentence of subparagraph (c)(3)(i) and adding in their place the words
``inadvertently removed, damaged, or lost'';
d. Removing the words ``is broken or cut'' from the third sentence
of subparagraph (c)(3)(i) and adding in their place the words ``has
been inadvertently removed or damaged'';
e. Removing the word ``missing'' in the fourth sentence of
subparagraph (c)(3)(i) and adding in its place the word ``lost'';
f. Adding the words ``or to export products made from fur skins''
immediately following the words ``approved program'' in subparagraph
(e)(2); and
g. Adding the words ``or products made from fur skins'' immediately
following the words ``To re-export fur skins'' in subparagraph (e)(3).
Sec. 23.69 How can I trade internationally in fur skins and fur skin
products of bobcat, river otter, Canada lynx, gray wolf, and brown bear
harvested in the United States?
(a) * * * For purposes of this section, CITES furbearers means
bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx
canadensis), gray wolf (Canis lupus), and brown bear (Ursus arctos)
harvested in the United States. * * *
* * * * *
(c) Fur skins without a CITES tag permanently attached may not be
exported or re-exported. If the CITES tag has been inadvertently
removed, damaged, or lost you may obtain a replacement tag. * * *
* * * * *
40. Section 23.70 is amended by:
a. Adding the word ``tamper-resistant,'' immediately following the
word ``Be'' in subparagraph (d)(1)(i);
b. Revising subparagraph (d)(1)(ii) to read as set forth below;
c. Adding the word ``skin'' immediately before the words
``production or harvest'' in subparagraph (d)(1)(iii);
d. Revising paragraph (d)(2) to read as set forth below;
e. Revising the first two sentences of paragraph (d)(3) to read as
set forth below;
f. Removing the words ``broken, cut, or missing'' from the first
sentence of subparagraph (d)(3)(i) and adding in their place the words
``inadvertently removed, damaged, or lost'';
g. Removing the words ``is broken or cut'' from the fourth sentence
of subparagraph (d)(3)(i) and adding in their place the words ``has
been inadvertently removed or damaged'';
h. Removing the word ``missing'' in the fifth sentence of
subparagraph (d)(3)(i) and adding in its place the word ``lost'';
i. Adding the word ``skin'' immediately before the words
``production or harvest'' in the first sentence of subparagraph
(d)(3)(ii);
j. Adding the words ``except for products made from American
alligators,'' immediately following the words ``State or tribal
program,'' in subparagraph (h)(1);
k. Adding the words ``or to export products made from American
alligators,'' immediately following the words ``approved program,'' in
subparagraph (h)(2);
l. Redesignating subparagraph (h)(3) as subparagraph (h)(4); and
[[Page 14222]]
m. Adding a new subparagraph (h)(3) to read as set forth below.
Sec. 23.70 How can I trade internationally in American alligator and
other crocodilian skins, parts, and products?
* * * * *
(d) * * *
(1) * * *
(ii) Be permanently stamped with the two-letter ISO code for the
country of origin, a unique serial number, a standardized species code
(available on our Web site; see Sec. 23.7), and for specimens of
species from populations that have been transferred from Appendix I to
Appendix II for ranching, the year of skin production or harvest. For
American alligator, the export tags include the US-CITES logo, an
abbreviation for the State or Tribe of harvest, a standard species code
(MIS = Alligator mississippiensis), the year of skin production or
harvest, and a unique serial number.
* * * * *
(2) Skins, flanks, and chalecos must be individually tagged.
* * * * *
(3) Skins without a non-reusable tag permanently attached may not
be exported or re-exported. If the tag has been inadvertently removed,
damaged, or lost you may obtain a replacement tag. * * *
* * * * *
(h) * * *
(3) To re-export crocodilian specimens, complete Form 3-200-73 and
submit it to either FWS Law Enforcement or the U.S. Management
Authority.
* * * * *
41. Section 23.71 is amended by:
a. Revising paragraph (a) to read as set forth below;
b. Adding a sentence to the end of subparagraphs (b)(1)(i),
(b)(1)(iv), and (b)(1)(v) to read as set forth below;
c. Revising subparagraph (b)(1)(ii) to read as set forth below;
d. Adding a sentence to the end of (b)(2)(iv) to read as set forth
below;
e. Revising (b)(3)(iii) to read as set forth below;
f. Removing the words ``and caviar products that consist'' from
paragraph (g) and adding in their place the words ``that consists'';
g. Adding the words ``or Form 3-200-80'' immediately following the
words ``Form 3-200-76'' in the third sentence of paragraph (h);
h. Removing the words ``to FWS Law Enforcement'' from the end of
the last sentence in paragraph (h) and adding in their place the words
``either to FWS Law Enforcement or the U.S. Management Authority''; and
i. Adding new paragraph (i) to read as set forth below.
Sec. 23.71 How can I trade internationally in sturgeon caviar?
(a) U.S. and foreign provisions. For the purposes of this section,
sturgeon caviar or caviar means the processed roe of any species of
sturgeon or paddlefish (order Acipenseriformes). It does not include
sturgeon or paddlefish eggs contained in shampoos, cosmetics, lotions,
or other products for topical application. The import, export, or re-
export of sturgeon caviar must meet the requirements of this section
and the other requirements of this part. The import, export, or re-
export of Acipenseriformes specimens other than caviar must meet the
other requirements of this part. See subparts B and C for prohibitions
and application procedures.
(b) * * *
(1) * * *
(i) * * * In the United States, the design of the label will be
determined by the labeler in accordance with the requirements of this
section.
(ii) Primary container means any container (tin, jar, pail or other
receptacle) in direct contact with the caviar.
* * * * *
(iv) * * * In the United States, this may be done by the person who
harvested the roe.
(v) * * * This includes any facility where caviar is removed from
the container in which it was received and placed in a different
container.
* * * * *
(2) * * *
(iv) * * * This is either the calendar year in which caviar was
harvested or, for caviar imported from shared stocks subject to quotas,
the quota year in which it was harvested.
* * * * *
(3) * * *
(iii) Lot identification number or, for caviar that is being re-
exported, the CITES document number under which it was imported may be
used in place of the lot identification number.
* * * * *
(i) CITES register of exporters and of processing and repackaging
plants. The CITES Secretariat maintains a ``Register of licensed
exporters and of processing and repackaging plants for specimens of
sturgeon and paddlefish species'' on its Web site. If you hold a
current import/export license issued by FWS Law Enforcement and wish to
be added to the CITES register, you may submit your contact information
and processing or repackaging plant codes to the U.S. Management
Authority for submission to the CITES Secretariat.
42. Section 23.74 is amended by:
a. Revising paragraph (b) to read as set forth below;
b. Revising paragraph (d) to read as set forth below; and
c. Adding a new paragraph (e) to read as set forth below.
Sec. 23.74 How can I trade internationally in personal sport-hunted
trophies?
* * * * *
(b) Sport-hunted trophy means a whole dead animal or a readily
recognizable part or derivative of an animal specifically identified on
accompanying CITES documents that meets the following criteria:
(1) Is raw, processed, or manufactured;
(2) Was legally obtained by the hunter through hunting for his or
her personal use;
(3) Is being imported, exported, or re-exported by or on behalf of
the hunter as part of the transfer from its country of origin
ultimately to the hunter's country of usual residence; and
(4) Includes worked, manufactured, or handicraft items made from
the sport-hunted animal only when:
(i) Such items are contained in the same shipment as raw or tanned
parts of the sport-hunted animal and are for the personal use of the
hunter;
(ii) The quantity of such items is no more than could reasonably be
expected given the number of animals taken by the hunter as shown on
the license or other documentation of the authorized hunt accompanying
the shipment; and
(iii) The accompanying CITES documents (export document and, if
appropriate, import permit) contain a complete itemization and
description of all items included in the shipment.
* * * * *
(d) Quantity. The following provisions apply to the issuance and
acceptance of U.S. and foreign documents for sport-hunted trophies
originating from a population for which the Conference of the Parties
has established an export quota. The number of trophies that one hunter
may import in any calendar year for the following species is:
(1) No more than two leopard (Panthera pardus) trophies.
(2) No more than one markhor (Capra falconeri) trophy.
(3) No more than one black rhinoceros (Diceros bicornis) trophy.
(e) Marking or tagging.
(1) The following provisions apply to the issuance and acceptance
of U.S. and foreign documents for sport-hunted trophies originating
from a population
[[Page 14223]]
for which the Conference of the Parties has established an export
quota. Each trophy imported, exported, or re-exported must be marked or
tagged in the following manner:
(i) Leopard and markhor: Each raw or tanned skin must have a self-
locking tag inserted through the skin and permanently locked in place
using the locking mechanism of the tag. The tag must indicate the
country of origin, the number of the specimen in relation to the annual
quota, and the calendar year in which the specimen was taken in the
wild. A mounted sport-hunted trophy must be accompanied by the tag from
the skin used to make the mount.
(ii) Black rhinoceros: Parts of the trophy, including, but not
limited to, skin, skull, or horns, whether mounted or loose, should be
individually marked with reference to the country of origin, species,
the number of the specimen in relation to the annual quota, and the
year of export.
(iii) Crocodilians: See marking requirements in Sec. 23.70.
(iv) The export permit or re-export certificate or an annex
attached to the permit or certificate must contain all the information
that is given on the tag.
(2) African elephant (Loxodonta africana). The following provisions
apply to the issuance and acceptance of U.S. and foreign documents for
sport-hunted trophies of African elephant. The trophy ivory must be
legibly marked by means of punch-dies, indelible ink, or other form of
permanent marking, under a marking and registration system established
by the country of origin, with the following formula: The country of
origin represented by the corresponding two-letter ISO country code;
the last two digits of the year; the serial number for the year in
question; and the weight of the ivory in kilograms. The mark must be
highlighted with a flash of color and placed on the lip mark area. The
lip mark area is the area of a whole African elephant tusk where the
tusk emerges from the skull and which is usually denoted by a prominent
ring of staining on the tusk in its natural state.
* * * * *
43. Section 23.75 is added to read as set forth below:
Sec. 23.75 How can I trade internationally in vicu[ntilde]a (Vicugna
vicugna)?
(a) U.S. and foreign general provisions. The import, export, or re-
export of specimens of vicu[ntilde]a must meet the requirements of this
section and the other requirements of this part (see subparts B and C
for prohibitions and application procedures). Certain populations of
vicu[ntilde]a are listed in Appendix II for the exclusive purpose of
allowing international trade in wool sheared from live vicu[ntilde]as,
cloth made from such wool, and products manufactured from such wool or
cloth. All other specimens of vicu[ntilde]a are deemed to be specimens
of species included in Appendix I.
(b) Vicu[ntilde]a Convention means the Convenio para la
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a of which vicu[ntilde]a
range countries are signatories.
(c) Vicu[ntilde]a logotype means the logotype adopted by the
vicu[ntilde]a range countries under the Vicu[ntilde]a Convention.
(d) Country of origin for the purposes of the vicu[ntilde]a label
means the name of the country where the vicu[ntilde]a wool in the cloth
or product originated.
(e) Wool sheared from live vicu[ntilde]a, cloth from such wool, and
products manufactured from such wool or cloth may be imported from
Appendix-II populations only when they meet the labeling requirements
in paragraph (f) of this section.
(f) Labeling requirements. Except for cloth containing CITES pre-
Convention wool of vicu[ntilde]a, you may import, export, or re-export
vicu[ntilde]a cloth only when the reverse side of the cloth bears the
vicu[ntilde]a logotype and the selvages bear the words
``VICU[Ntilde]A--COUNTRY OF ORIGIN''. Specimens of other products
manufactured from vicu[ntilde]a wool or cloth must bear a label that
has the vicu[ntilde]a logotype and the designation ``VICU[Ntilde]A--
COUNTRY OF ORIGIN--ARTESANIA''. Each specimen must bear such a label.
For import into the United States of raw wool sheared from live
vicu[ntilde]a, see the labeling requirements in 50 CFR 17.40(m).
44. Section 23.84 is amended by:
a. Removing the word ``four'' and adding in its place the word
``three'' in the first sentence of paragraph (b);
b. Removing the words ``assist the Nomenclature Committee in the
development and maintenance of'' in subparagraph (b)(2)(i) and adding
in their place the words ``develop and maintain'';
c. Adding subparagraph (b)(2)(iii) to read as set forth below; and
d. Removing subparagraph (b)(3).
Sec. 23.84 What are the roles of the Secretariat and the committees?
* * * * *
(b) * * *
(2) * * *
(iii) The CoP appoints a specialist on zoological nomenclature to
the Animals Committee and a specialist on botanical nomenclature to the
Plants Committee. These specialists are ex officio and non-voting, and
are responsible for developing or identifying standard nomenclature
references for wildlife and plant taxa and making recommendations on
nomenclature to Parties, the CoP, other committees, working groups, and
the Secretariat.
45. Section 23.92 is amended by:
a. Removing the words ``paragraph (b)'' and adding in their place
the words ``paragraphs (b) and (c)'' in paragraph (a);
b. Removing the words ``and do not need CITES documents'' from the
first sentence of paragraph (b);
c. Revising subparagraph (b)(2) to read as set forth below;
d. Adding the introductory text of a new paragraph (c) and a
subparagraph (c)(1) to read as set forth below; and
e. Redesignating subparagraphs (b)(3) through (b)(8) as
subparagraphs (c)(2) through (c)(7).
Sec. 23.92 Are any wildlife or plants, and their parts, products, or
derivatives, exempt?
* * * * *
(b) * * *
(2) Plant hybrids. Specimens of an Appendix-II or -III plant taxon
with an annotation that specifically excludes hybrids.
(c) The following are exempt from CITES document requirements when
certain criteria are met.
(1) Plant hybrids. Seeds and pollen (including pollinia), cut
flowers, and flasked seedlings or tissue cultures of hybrids that
qualify as artificially propagated (see Sec. 23.64) and that were
produced from one or more Appendix-I species or taxa that are not
annotated to treat hybrids as Appendix-I specimens.
* * * * *
Appendix A to 50 CFR Chapter I--[Amended]
46. Remove Appendix A to Chapter I.
Dated: February 1, 2012.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-4986 Filed 3-7-12; 8:45 am]
BILLING CODE 4310-55-P