[Federal Register: May 14, 1998 (Volume 63, Number 93)]
[Rules and Regulations]
[Page 26739-26741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my98-10]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
RIN 1018-AE94
Amendment to Appendix III Listing of Bigleaf Mahogany Under the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule announces an amendment to the Appendix III listing
of bigleaf mahogany (Swietenia macrophylla) under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES or Convention). The species in the Americas and its logs, sawn
wood, and veneer sheets have been included in Appendix III since
November 1995, based on an action by the Government of Costa Rica. The
Government of Bolivia has recently supplied information to the CITES
Secretariat to independently include its population in Appendix III to
support its national legislation for the species and the need for
cooperation of other CITES countries in controlling the international
trade. The Service will consider any comments received on whether to
enter a reservation on the Republic of Bolivia's action for its
population.
DATES: The change to the Appendix III listing for the Bolivian
population of the species as set forth in this rule entered into force
on March 19, 1998, under the terms of the Convention. This rule is
effective on May 14, 1998.
ADDRESSES: Please send correspondence concerning the amendment
announced in this rule to Chief, Office of Scientific Authority, ARLSQ
750; U.S. Fish and Wildlife Service; Washington, DC 20240; fax number
703-358-2276. Express and messenger deliveries should be addressed to
Chief, Office of Scientific Authority, Room 750; U.S. Fish and Wildlife
Service; 4401 North Fairfax Drive; Arlington, Virginia 22203.
The text of the Appendix III notification from the Convention's
Secretariat is available on request, and related materials are
available for public inspection by appointment from 8:00 a.m. to 4:00
p.m. Monday through Friday, at the above address in Arlington,
Virginia.
Please send certificate/permit questions or any applications
concerning this regulation to Chief, Office of Management Authority;
U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Room 700;
Arlington, Virginia 22203; fax number 703-358-2281. Express and
messenger deliveries should be addressed to Chief, Office of Management
Authority, at that Arlington address.
FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, Chief, Office of
Scientific Authority, phone 703-358-1708, fax 703-358-2276, e-mail
susan__lieberman@mail.fws.gov; or the Office of Management Authority,
telephone 800-358-2104, e-mail r9oma__cites@mail.fws.gov
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (TIAS 8249) regulates international trade in certain
animal and plant species. The species for which trade in particular
specimens is controlled are listed in Appendices I, II, and III to the
Convention. Appendix III comprises the list of species subject to
regulation within any CITES Party country that has requested the
cooperation of the other Parties in regulating international trade in
the specified specimens of the species.
This rule revises the list of CITES species that is reproduced in
the U.S. Code of Federal Regulations (CFR) at 50 CFR 23.23(f). The
current information following COP10 (see below) was published in the
Federal Register of August 22, 1997 (62 FR 44627). As advanced by the
Government of Bolivia pursuant to Article XVI paragraph 1 of the
Convention, the present rule acknowledges that now both Bolivia and
Costa Rica have added Swietenia macrophylla (bigleaf mahogany [called
mara or caoba]) to Appendix III in support of their domestic
conservation measures and need for cooperation of other Parties.
The species continues to be included in Appendix III in the
Americas (i.e., South America, Central America, the Caribbean, and
North America), including only its logs, sawn wood, and veneer sheets
as the parts or derivatives covered by the provisions of the
Convention. Thus, products such as finished furniture are excluded.
Moreover, export of specimens from plantations located outside the
Americas is not regulated. (At COP10 in June 1997, the categories saw-
logs, sawn wood, and veneers were revised slightly to the above for
several such listings; cf. 62 FR 44627.)
The CITES Secretariat notified all Party countries on December 19,
1997 (in Notification No. 1011), of this addition to Appendix III by
Bolivia of their population of this species. In accordance with Article
XVI paragraph 2, such an amendment becomes effective 90 days after
notification, in this case on March 19, 1998. All the shipments of
bigleaf mahogany originating from Bolivia that are exported on or after
that date must be accompanied by the appropriate documentation as
required by CITES (usually an export permit), which is to be presented
upon import to the Party countries.
International trade in Appendix III species and their parts and
derivatives that are specified as being included requires the issuance
of either an export permit, a certificate of origin, a re-export
certificate, or a pre-Convention certificate, by the exporting or the
re-exporting Party. An export permit, which signifies that the
specimens were not obtained in contravention of the laws of that
country for conservation, is required if the shipment originates from
the Party that added the species to Appendix III, in this case Bolivia,
as well as Costa Rica, which had earlier added the species to Appendix
III, effective November 16, 1995 (see Federal Register of February 22,
1996, 61 FR 6793-6795).
Export from the other countries in the Americas requires the
issuance of either a certificate from the country of origin, a
certificate from the country of re-export, or a pre-Convention
certificate (from the country of export). (The species is native from
Bolivia and Brazil to Mexico.) These documents legally verify either:
(1) that the specimens originated in a non-listing country; (2) that
they are being re-exported after a
[[Page 26740]]
legal importation in accordance with CITES; or (3) that they were
acquired before the provisions of the Convention applied to them. All
the countries of South America, Central America, and North America and
some countries in the Caribbean are Parties to the Convention. Article
X of CITES and Resolution Conf. 9.5 specify the requirements for
comparable documentation from countries not party to the treaty. The
pre-Convention date for Swietenia macrophylla (bigleaf mahogany)
remains November 16, 1995.
The Convention's Secretariat and U.S. Office of Management
Authority in 1995 (and sometimes since) have inquired regarding
certificates of origin or permits that exporting range countries issue
for shipments of the specimens of this species (i.e., logs, sawn wood,
and veneer sheets). Responses have been received from Mexico,
Guatemala, Belize, Honduras, Nicaragua, Venezuela, Peru, and Brazil
(cf. Secretariat's December 19, 1997, Notification No. 1004). Costa
Rica and Bolivia, as Parties listing the species in Appendix III, use
their regular documents (e.g., permits). Importation or exportation of
CITES-regulated plant specimens must be through particular designated
U.S. Department of Agriculture ports (50 CFR 24.12), which includes
additional ports designated for logs and lumber. For information on the
types of documents required for such mahogany importation into the
United States, as well as requests for any documents needed for such
re-export or export from the United States, contact the Service's
Office of Management Authority (address and phone number above).
Any Party at any time may enter a reservation on a species (or
pertinent population) added to Appendix III. A Party that has entered a
reservation is treated as a country that is not party to the Convention
with respect to the trade in the species concerned (until such time as
that Party withdraws its reservation). The limited effects of a
reservation in alleviating importers and exporters from documentation
requirements with the other CITES Parties were thoroughly discussed in
a Federal Register notice on November 17, 1987 (52 FR 43924). In a
subsequent Federal Register notice of March 28, 1988 (53 FR 9945; see
also 53 FR 12497, April 14, 1988), the Service made a procedural change
in requesting comments about such reservations for species added to
Appendix III. Because the effects of such a reservation are limited,
and there is also no time limit for reserving on a species or a
population added to Appendix III, a proposed rule is not published at
the time the list in Sec. 23.23 is amended. Regardless of any U.S.
decision to enter a reservation, this particular amendment to Appendix
III entered into force on March 19, 1998, under terms of the
Convention. Publishing this rule informs the public of this
international action while still affording those interested the
opportunity and time to assess the merits of entering a reservation.
Therefore, good cause exists to omit a proposed-rule notice and public-
comment process, since it is unnecessary and contrary to the public
interest [5 U.S.C. 553(b)]. Because bigleaf mahogany in the Americas
was added to Appendix III of the Convention effective on November 16,
1995, and because of the other reasons stated herein, the Service finds
that good cause exists for making this rule effective upon its date of
publication [5 U.S.C. 553(d)]. Accordingly, 50 CFR 23.23(f) is amended
at the conclusion of this document.
At the tenth meeting of the Conference of the Parties to the
Convention (COP10) in June 1997, the United States was among 67 of 112
Parties that voted to include this species in Appendix II; this 60
percent of the Parties in favor, however, fell short of the two-thirds
majority needed for adoption of the proposal (see the Federal Register
notice of August 22, 1997 [62 FR 44627]). After the vote, Bolivia in
plenary stated its intention to include its population of the species
in Appendix III [cf. Resolution Conf. 9.25 (Rev.)]. The Service has not
recommended entering a reservation on this enhanced status for the
Bolivian population of the species in Appendix III. Consideration for
doing so would be given if valid and compelling reasons are shown that
implementation of this listing would be contrary to the interests or
laws of the United States. The Service now solicits comments on whether
to enter a reservation, and particularly seeks any new information that
becomes available. The Service will consider all comments received, and
if appropriate, will consider recommending that the United States
submit a reservation to the depositary government (which is
Switzerland).
Other Procedural Requirements
The Department has determined that changes to the Convention
Appendices, which result from actions of the Parties to the treaty, do
not require preparation of Environmental Assessments as defined under
authority of the National Environmental Policy Act (42 U.S.C. 4321-
4347). This rule recognizes the Republic of Bolivia's decision to
include one of their native species in CITES Appendix III and serves
public notice of their decision. As such, this rulemaking does not
constitute an agency action under the Administrative Procedure Act.
This document was prepared by Dr. Bruce MacBryde and Dr. Susan
Lieberman, Office of Scientific Authority, under the authority of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 87
Stat. 884, as amended).
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, and Treaties.
Regulation Promulgation
PART 23--ENDANGERED SPECIES CONVENTION
Accordingly, for the reasons set out above in this document, Part
23, Subpart C of Title 50 (Chapter I, Subchapter B) of the Code of
Federal Regulations is amended as set forth below:
1. The authority citation for Part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
2. Section 23.23(f) is amended by revising the entry of Swietenia
macrophylla under the plant family Meliaceae to read as follows:
Sec. 23.23 Species listed in Appendices I, II, and III.
* * * * *
(f) * * *
[[Page 26741]]
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First listing
Species Common name Appendix date (month/day/
year)
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* * * * * *
*
Plant Kingdom: Plants:
* * * * * *
*
Family Meliaceae: Mahogany family:
* * * * * *
*
Swietenia macrophylla populations Bigleaf mahogany....... III (Bolivia, Costa Rica).. 11/16/95
in the Americas (including logs,
sawn wood, and veneer sheets,
but no other parts or
derivatives, e.g., products).
* * * * * *
*
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Dated: May 5, 1998.
Donald Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-12803 Filed 5-13-98; 8:45 am]
BILLING CODE 4310-55-P