[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33460-33464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-95]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-IA-2009-N0103; 96300-1671-0000 FY09 R4]
Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES); Fifteenth
Regular Meeting: Proposed Resolutions, Decisions, and Agenda Items
Being Considered; Taxa Being Considered for Amendments to the CITES
Appendices; Observer Information
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The United States, as a Party to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), may submit proposed resolutions, decisions, and agenda items
for consideration at meetings of the Conference of the Parties to
CITES. The United States may also propose amendments to the CITES
Appendices for consideration at meetings of the Conference of the
Parties. The fifteenth regular meeting of the Conference of the Parties
to CITES (CoP15) is tentatively scheduled to be held in Doha, Qatar,
March 13-25, 2010.
With this notice, we describe proposed resolutions, decisions, and
agenda items that the United States is considering submitting for
consideration at CoP15; describe proposed amendments to the CITES
Appendices (species proposals) that the United States is considering
submitting for consideration at CoP15; invite your comments and
information on these proposals; and provide information on how
nongovernmental organizations based in the United States can attend
CoP15 as observers.
DATES: We will consider written information and comments you submit
concerning potential species proposals, and proposed resolutions,
decisions, and agenda items that the United States is considering
submitting for consideration at CoP15, and other items relating to
CoP15, if we receive them by September 11, 2009.
ADDRESSES: Comments pertaining to proposed resolutions, decisions, and
agenda items should be sent to the Division of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 212,
Arlington, VA 22203, or via e-mail at: CoP15@fws.gov, or via fax at:
703-358-2298. Comments pertaining to species proposals should be sent
to the Division of Scientific Authority, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Room 110, Arlington, VA 22203, or
via e-mail at: scientificauthority@fws.gov, or via fax at: 703-358-
2276.
FOR FURTHER INFORMATION CONTACT: For information pertaining to
resolutions, decisions, and agenda items contact: Robert R. Gabel,
Chief, Division of Management Authority, phone 703-358-2095, fax 703-
358-2298, e-mail: CoP15@fws.gov. For information pertaining to species
proposals contact: Rosemarie Gnam, Chief, Division of Scientific
Authority, phone 703-358-1708, fax 703-358-2276, e-mail:
scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora, hereinafter referred to as CITES or the Convention, is
an international treaty designed to control and regulate international
trade in certain animal and plant species that are now or potentially
may be threatened with extinction. These species are listed in
Appendices to CITES, which are available on the CITES Secretariat's
website at http://www.cites.org/eng/app/index.shtml. Currently, 175
countries, including the United States, are Parties to CITES. The
Convention calls for biennial meetings of the Conference of the
Parties, which reviews its implementation, makes provisions enabling
the CITES Secretariat in Switzerland to carry out its functions,
considers amendments to the lists of species in Appendices I and II,
considers reports presented by the Secretariat, and makes
recommendations for the improved effectiveness of CITES. Any country
that is a Party to CITES may propose for these meetings amendments to
Appendices I and II, and resolutions, decisions, and agenda items for
consideration by all the Parties.
This is our second in a series of Federal Register notices that,
together with an announced public meeting, provide you with an
opportunity to participate in the development of the U.S. negotiating
positions for the fifteenth regular meeting of the Conference of the
Parties to CITES (CoP15). We published our first CoP15-related Federal
Register notice on September 29, 2008 (73 FR 56605), in which we
requested information and recommendations on species proposals and
proposed resolutions, decisions, and agenda items for the United States
to consider submitting for consideration at CoP15. You may obtain
information on that Federal Register notice from the following sources:
for information on proposed resolutions, decisions, and agenda items,
contact the Division of Management Authority at the address provided in
``ADDRESSES'' above; and for information on species proposals, contact
the Division of Scientific Authority at the address provided in
``ADDRESSES'' above. Our regulations governing this public process are
found in 50 CFR 23.87.
CoP15 is tentatively scheduled to be held in Doha, Qatar, March 13-
25, 2010.
[[Page 33461]]
I. Recommendations for Resolutions, Decisions, and Agenda Items for the
United States To Consider Submitting for CoP15
In our Federal Register notice published on September 29, 2008 (73
FR 56605), we requested information and recommendations on potential
resolutions, decisions, and agenda items for the United States to
submit for consideration at CoP15. We received recommendations for
resolutions, decisions, and agenda items from the following
organizations: the Species Survival Network (SSN); TRAFFIC; the Whale
and Dolphin Conservation Society (WDCS); and the World Wide Fund for
Nature (WWF). We also received a comment from one individual.
We considered all of the recommendations of the above individual
and organizations, as well as the factors described in the U.S.
approach for CoP15 discussed in our September 29, 2008, Federal
Register notice, when compiling a list of resolutions, decisions, and
agenda items that the United States is likely to submit for
consideration by the Parties at CoP15; and lists of resolutions,
decisions, and agenda items for consideration at CoP15 that the United
States either is currently undecided about submitting, is not
considering submitting at this time, or plans to address in other ways.
The United States may consider submitting documents for some of the
issues for which it is currently undecided or not considering
submitting at this time, depending on the outcome of discussions of
these issues in the CITES Animals, Plants, and Standing Committees, or
additional consultations with range country governments and subject
matter experts.
Please note that, in sections A, B, and C below, we have listed
those resolutions, decisions, and agenda items that the United States
is likely to submit, currently undecided about submitting, or currently
planning not to submit. We have posted an extended version of this
notice on our website at http://www.fws.gov/international/newspubs/
fedregnot.html, with text describing in more detail each of these
issues and explaining the rationale for the tentative U.S. position on
each issue. Copies of the extended version of the notice are also
available from the Division of Management Authority at the above
address.
We welcome your comments and information regarding the resolutions,
decisions, and agenda items that the United States is likely to submit,
currently undecided about submitting, or currently planning not to
submit.
A. What resolutions, decisions, and agenda items is the United States
likely to submit for consideration at CoP15?
1. A document that continues to support a strong stance on tiger
conservation and efforts to address illegal trade in tiger and other
Asian big cat parts and derivatives in both range and consumer
countries.
2. A discussion document addressing inconsistent implementation of
Appendix-III timber listings annotated to include only the national
populations of the listing countries, and possibly including a proposal
to amend Resolution Conf. 9.25 (Rev. CoP14), by deleting Recommendation
a) iv), regarding the inclusion of geographically separate populations
of timber species in Appendix III, and adding language to direct the
CITES Secretariat to consult with countries who request such listings
to ensure that the listings will achieve the level of control and
cooperation with other range countries intended.
3. A discussion document addressing difficulties encountered
associated with the reporting of scientific names for CITES-listed
coral specimens, including proposed changes to Resolution Conf. 12.3
(Rev. CoP14) to indicate that taxonomic names of corals on CITES
permits and certificates should comply with the list in CITES
Notification to the Parties No. 2003/020, and a draft decision
directing the Animals Committee to update the list in Notification No.
2003/020.
B. On what resolutions, decisions, and agenda items is the United
States still undecided, pending additional information and
consultations?
1. A discussion document on how CITES might incorporate impacts of
climate change in future deliberations, or how Parties could
incorporate climate change resilience into their non-detriment
findings.
2. A discussion document on the conservation issues associated with
and management of the snake trade in Asia.
3. A discussion document raising possible problems with the current
guidelines to register and monitor operations that breed Appendix-I
animal species for commercial purposes provided in Resolution Conf.
12.10 (Rev. CoP14), and possibly including a proposal to amend this
resolution.
C. What resolutions, decisions, and agenda items is the United States
not likely to submit for consideration at CoP15, unless we receive
significant additional information?
1. A resolution that details the need to accurately and adequately
describe on CITES permits and in CITES annual reports both the types of
specimens in trade and the quantities of specimens in trade.
2. A document expressing disappointment in the lack of progress
that has been made to date in the development and implementation of
regional management plans for the African grey parrot (Psittacus
erithacus).
3. A document related to the establishment of ``zero export
quotas'' for those species subject to a Standing Committee
recommendation to suspend trade.
4. A document emphasizing the importance of sound science in the
making of CITES non-detriment findings for the import of specimens
included in Appendix I, and export of specimens of species included in
Appendices I and II.
II. Recommendations for Species Proposals for the United States To
Consider Submitting for CoP15
In our Federal Register notice of September 29, 2008 (73 FR 56605),
we requested information and recommendations on potential species
proposals for the United States to consider submitting for
consideration at CoP15. We received recommendations from the following
organizations for possible proposals involving 46 taxa (5 families, 7
genera, and 34 individual species) and 5 general animal groups
(furbearers, ungulates, freshwater turtles, sharks, and other fish):
the Animal Welfare Institute; Defenders of Wildlife; the Humane Society
of the United States (HSUS); Humane Society International (HSI); the
International Union for Conservation of Nature Species Survival
Commission (IUCN/SSC) Tortoise and Freshwater Turtle Specialist Group;
the Mid-Atlantic Turtle and Tortoise Society; the Ocean Conservancy;
the Pew Institute for Ocean Conservation Science; Sea Web; SSN;
TRAFFIC; WDCS; and WWF. We have undertaken initial assessments of the
available trade and biological information on all of these taxa. Based
on these assessments, we made provisional determinations of whether to
proceed with the development of proposals to list or delist species, or
transfer them from one Appendix to another. We made these
determinations by considering the quality of biological and trade
information available on the
[[Page 33462]]
species; the presence, absence, and effectiveness of other mechanisms
that may preclude the need for a CITES listing (e.g., range country
actions or other international agreements); and availability of
resources. Furthermore, our assignment of a taxon to one of these
categories, which reflects the likelihood of our submitting a proposal,
included consideration of the following factors, which reflect the U.S.
approach for CoP15 discussed in our September 29, 2008, Federal
Register notice:
(1) Is it a native U.S. species that is or may be significantly
affected by trade, or if it is a currently listed U.S. species, does
the listing accurately reflect the biological and trade status of the
species?
(2) Is it a native U.S. species that is not at this time
significantly impacted by trade within the United States, but is being
significantly impacted elsewhere in its range?
(3) Is it a foreign species, not native to the United States, but
which is or may be significantly affected by trade, and the United
States is a significant component of the trade (i.e., as an importing
country)?
(4) Is it a species for which the United States is neither a range
country nor a country significantly involved in trade, but for which
trade is a serious threat to the continued existence of the species,
other mechanisms are lacking or ineffective for bringing trade under
control, and action is urgently needed?
In sections A, B, and C below, we have listed the current status of
each species proposal recommended by the public, as well as species
proposals we have been developing on our own. Please note that we have
only provided here a list of taxa and the proposed action. We have
posted an extended version of this notice on our website at http://
www.fws.gov/international/newspubs/fedregnot.html, with text describing
in more detail each proposed action and explaining the rationale for
the tentative U.S. position on each possible proposal. Copies of the
extended version of the notice are also available from the Division of
Management Authority at the above address.
We welcome your comments, especially if you are able to provide any
additional biological or trade information on these species. For each
species, more detailed information is on file in the Division of
Scientific Authority.
A. What species proposals is the United States likely to submit for
consideration at CoP15?
The United States is likely to develop and submit proposals for the
following taxa. For some of the species below, particularly those not
native to the United States, additional consultations with range
countries and subject matter experts are proceeding, and final
decisions are pending, based on the outcomes of those consultations and
any additional information received.
Plants
1. Flasked seedlings - Amendment of the annotation for Appendix-I
orchid species to make it consistent with the language in Resolution
Conf. 11.11 (Rev. CoP14) pertaining to flasked seedlings
Corals
2. Red and pink coral (Corallium spp. and Paracorallium spp.) -
Inclusion in Appendix II
Mammals
3. Bobcat (Lynx rufus) - Removal from Appendix II
B. On what species proposals is the United States still undecided,
pending additional information and consultations?
The United States is still undecided on whether to submit proposals
for CoP15 for the following taxa. In some cases, we have not completed
our consultations with relevant range countries. In other cases, we
expect meetings to occur in the immediate future at which participants
will generate important recommendations, trade analyses, or biological
information on the taxon in question.
Plants
1. Cedars (Cedrela spp.) - Inclusion in Appendix II
2. Cliff spurge (Euphorbia misera) - Removal from Appendix II
Mollusks
3. Nautilids (Allonautilus spp. and Nautilus spp.) - Inclusion in
Appendix II
Fish
4. Tope shark (Galeorhinus galeus) - Inclusion in Appendix II
5. Shortfin mako shark (Isurus oxyrhinchus) - Inclusion in Appendix
II
6. Longfin mako shark (Isurus paucus) - Inclusion in Appendix II
7. Porbeagle shark (Lamna nasus) - Inclusion in Appendix II
8. Freshwater sawfish (Pristis microdon) - Transfer from Appendix
II to Appendix I
9. Hammerhead sharks (Sphyrna spp.) - Inclusion in Appendix II
10. Spiny dogfish (Squalus acanthias) - Inclusion in Appendix II
11. Requiem sharks (Carcharinidae) - Inclusion in Appendix II
12. Devil and manta rays (Mobulidae) - Inclusion in Appendix II
13. Freshwater stingrays (Potamotrygonidae) - Inclusion in Appendix
II
14. American eel (Anguilla rostrata) - Inclusion in Appendix II
15. Northern bluefin tuna (Thunnus thynnus) - Inclusion in Appendix
I
Reptiles
16. Common snapping turtle (Chelydra serpentina) - Inclusion in
Appendix III (Note: The IUCN/SSC Tortoise and Freshwater Turtle
Specialist Group recommended that the United States propose inclusion
of the common snapping turtle in Appendix III at CoP15, although
inclusion of a species in Appendix III is a unilateral decision and
does not require a proposal to be brought forward to the CoP)
17. Spotted turtle (Clemmys guttata) - Inclusion in Appendix II
18. Diamondback terrapin (Malaclemys terrapin) - Inclusion in
Appendix II
19. Florida soft-shell turtle (Apalone ferox) - Inclusion in
Appendix II
20. Smooth soft-shell turtle (Apalone mutica) - Inclusion in
Appendix II
21. Spiny soft-shell turtle (Apalone spinifera) - Inclusion in
Appendix II
22. Giant leaf-tailed gecko (Uroplatus giganteus) - Transfer from
Appendix II to Appendix I
Mammals
23. Polar bear (Ursus maritimus) - Transfer from Appendix II to
Appendix I
24. Walrus (Odobenus rosmarus) - Inclusion in Appendix II
25. Narwhal (Monodon monoceros) - Transfer from Appendix II to
Appendix I
C. What species proposals is the United States not likely to submit for
consideration at CoP15, unless we receive significant additional
information?
The United States does not intend to submit proposals for the
following taxa unless we receive significant additional information
indicating that a proposal is warranted. Information currently
available for each of the taxa listed below does not support a
defensible listing proposal. In addition to the taxa listed below,
please note that the Animal Welfare Institute provided us with a
tentative list of taxonomic groups
[[Page 33463]]
of animal species for which it was recommending that the United States
consider amendments to the Appendices. These groups of species included
``native and non-native species including freshwater turtles, sharks,
furbearers, fish, and ungulates.'' We do not have the resources to
evaluate such a broad request in the timeframes necessary for decision
making for CoP15. Therefore, the United States does not intend to
submit any proposals to the CoP as a result of this recommendation.
Fish
1. Gulper sharks (Centrophoridae) - Inclusion in Appendix II
2. Guitarfishes and shovelnose rays (Rhinobatidae) - Inclusion in
Appendix II
3. Beluga sturgeon (Huso huso) - Transfer from Appendix II to
Appendix I
Amphibians
4. Blue-sided frog (Agalychnis annae) - Inclusion in Appendix II
5. Morelet's tree frog (Agalychnis moreletii) - Inclusion in
Appendix II
6. Rancho Grande harlequin frog (Atelopus cruciger) - Inclusion in
Appendix II
7. Helmeted water toad (Caudiverbera caudiverbera) - Inclusion in
Appendix II
8. Santa Fe frog (Leptodactylus laticeps) - Inclusion in Appendix
II
9. Giant Asian river frog (Limnonectes blythii) - Inclusion in
Appendix II
10. Fanged river frog (Limnonectes macrodon) - Inclusion in
Appendix II
11. Giant Philippine frog (Limnonectes magnus) - Inclusion in
Appendix II
12. Albanian water frog (Rana shqiperica) - Inclusion in Appendix
II
13. Rain frog (Scaphiophryne boribory) - Inclusion in Appendix II
14. Alto Verapaz salamander (Bolitoglossa dofleini) - Inclusion in
Appendix II
15. Kaiser's spotted newt (Neurergus kaiseri) - Inclusion in
Appendix I or II
16. Kurdistan newt (Neurergus microspilotus) - Inclusion in
Appendix II
Reptiles
17. Alligator snapping turtle (Macrochelys temminckii) - Inclusion
in Appendix II
18. Map turtles (Graptemys spp.) - Inclusion in Appendix II
In addition to the taxa listed above, Defenders of Wildlife and SSN
suggested that more research be done on Limnonectes spp. frogs and the
Laos wart newt (Paramesotriton laoensis). We need additional biological
and trade information for both taxa to determine whether they meet the
listing criteria in CITES Resolution Conf. 9.24 (Rev. CoP14).
Request for Information and Comments
We invite any information and comments concerning any of the
possible CoP15 species proposals and proposed resolutions, decisions,
and agenda items discussed above. You must submit your information and
comments to us no later than the date specified in ``DATES'' above, to
ensure that we consider them. Comments and materials received will be
available for public inspection, by appointment, from 8 a.m. to 4 p.m.,
Monday through Friday, at either the Division of Management Authority
or the Division of Scientific Authority. Our practice is to make
comments, including names and home addresses of respondents, available
for public review during regular business hours. Individual respondents
may request that we withhold their home addresses from the
administrative record, which we will honor to the extent allowable by
law. There also may be circumstances in which we would withhold from
the administrative record a respondent's identity, as allowable by law.
If you wish to withhold your name and/or address, you must state this
prominently at the beginning of your comment. We will make all comments
and materials submitted by organizations or businesses, and by
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
Observers
Article XI, paragraph 7 of CITES states the following:
``Any body or agency technically qualified in protection,
conservation or management of wild fauna and flora, in the following
categories, which has informed the Secretariat of its desire to be
represented at meetings of the Conference by observers, shall be
admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located.
Once admitted, these observers shall have the right to participate
but not to vote.''
Persons wishing to be observers representing international
nongovernmental organizations (which must have offices in more than one
country) at CoP15 may request approval directly from the CITES
Secretariat. Persons wishing to be observers representing U.S. national
nongovernmental organizations at CoP15 must receive prior approval from
our Division of Management Authority. Once we grant our approval, a
U.S. national nongovernmental organization is eligible to register with
the Secretariat and must do so at least 6 weeks prior to the opening of
CoP15 to participate in CoP15 as an observer. Individuals who are not
affiliated with an organization may not register as observers. An
international nongovernmental organization with at least one office in
the United States may register as a U.S. nongovernmental organization
if it prefers.
A request submitted to us for approval as an observer should
include evidence of technical qualifications in protection,
conservation, or management of wild fauna and/or flora, on the part of
both the organization and the individual representative(s). The request
should also include copies of the organization's charter and/or bylaws,
and a list of representatives it intends to send to CoP15.
Organizations seeking approval for the first time should detail their
experience in the protection, conservation, or management of wild fauna
and/or flora, as well as their purposes for wishing to participate in
CoP15 as an observer. An organization that we have previously approved
as an observer at a meeting of the Conference of the Parties within the
past 5 years must submit a request, but does not need to provide as
much detailed information concerning its qualifications as an
organization seeking approval for the first time. These requests should
be sent to the Division of Management Authority (see ``ADDRESSES,''
above).
Once we approve an organization as an observer, we will send the
organization instructions for registration with the CITES Secretariat
in Switzerland, including a meeting registration form and travel and
hotel information. A list of organizations approved for observer status
at CoP15 will be available upon request from the Division of Management
Authority just prior to the start of CoP15.
Future Actions
We expect the CITES Secretariat to provide us with a provisional
agenda for CoP15 within the next several months. Once we receive the
provisional agenda,
[[Page 33464]]
we will publish it in a Federal Register notice and provide the
Secretariat's website URL. We will also provide the provisional agenda
on our website at http://www.fws.gov/international.
The United States will submit any species proposals, and proposed
resolutions, decisions, and agenda items for consideration at CoP15 to
the CITES Secretariat 150 days prior to the start of the meeting (i.e.,
tentatively by mid-October , 2009). We will consider all available
information and comments, including those received in writing during
the comment period, as we decide which species proposals, and proposed
resolutions, decisions, and agenda items warrant submission by the
United States for consideration by the Parties. Approximately 4 months
prior to CoP15, we will post on our website an announcement of the
species proposals, and proposed resolutions, decisions, and agenda
items submitted by the United States to the CITES Secretariat for
consideration at CoP15.
Through an additional notice and website posting in advance of
CoP15, we will inform you about preliminary negotiating positions on
resolutions, decisions, and amendments to the Appendices proposed by
other Parties for consideration at CoP15. We will also publish an
announcement of a public meeting tentatively to be held approximately 2
months prior to CoP15, to receive public input on our positions
regarding items submitted by other Parties.
Author
The primary authors of this notice are Mark Albert, Division of
Management Authority; and Pamela Hall, Division of Scientific
Authority; under the authority of the U.S. Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 29, 2009
Marvin Moriarty
Acting Deputy Director
[FR Doc. E9-16410 Filed 7-10- 09; 8:45 am]
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