[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Proposed Rules]
[Pages 44627-44634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22402]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018-AE16


Changes in List of Species in Appendices to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES, or ``the Convention'') regulates 
international trade in certain animals and plants. Species for which 
such trade is controlled are listed in Appendices I, II, and III to the 
Convention.
    This document announces decisions by the Conference of the Parties 
to CITES on amendments to Appendices I and II, and repeats a previous 
request (62 FR 31054) for comment on whether the United States should 
enter reservations on any of the amendments. The effect of a 
reservation would be to exempt this country from implementing CITES for 
a particular species. However, even if a reservation were taken, many 
importing countries would require comparable documents, and many 
importers to the United States would be required, under the Lacey Act 
Amendments of 1981, to obtain permits issued by foreign countries. The 
CITES amendments to Appendices I and II described in this document will 
enter into effect on September 18, 1997, unless specifically indicated 
otherwise. Reference is also made here to establishment by the Parties 
of an export quota for the markhor, a species both included in Appendix 
I and listed as Endangered under the Endangered Species Act, and the 
implications for the importation of markhor sport-hunted trophies into 
the United States.

DATES: The amendments to Appendices I and II adopted at the recent 
meeting of the Conference of the Parties become effective 90 days after 
their adoption under the terms of CITES and therefore are enforceable 
as of September 18, 1997, with the exception of the amendments 
concerning sturgeons, which will take effect on April 1, 1998. The 
Service will consider all comments received by September 12, 1997, in 
determining whether the United States should enter any reservations.

ADDRESSES: Please send correspondence concerning this proposed rule to 
Chief, Office of Scientific Authority; 4401 North Fairfax Drive, Room 
750; Arlington, Virginia 22203. Fax number: 703-358-2276. Comments and 
other information received are available for public inspection by 
appointment, from 8 a.m. to 4 p.m. Monday through Friday, at the 
Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Office of 
Scientific Authority, U.S. Fish and Wildlife Service, Arlington, 
Virginia, telephone 703-358-1708.

SUPPLEMENTARY INFORMATION:

Background

    CITES regulates import, export, reexport, and introduction from the 
sea of certain animal and plant species. Species for which the trade is 
controlled are included in three Appendices. Appendix I includes 
species threatened with extinction that are or may be affected by 
trade. Appendix II includes species that, although not necessarily now 
threatened with extinction, may become so unless trade in them is 
strictly controlled. It also lists species that must be subject to 
regulation in order that trade in other listed species may be brought 
under effective control (e.g., because of similarity-of-appearance 
problems). Appendix III includes species that any Party identifies as 
being subject to regulation within its jurisdiction for purposes of 
preventing or restricting exploitation, and for which it needs the 
cooperation of other Parties to control trade. Any Party may propose 
amendments to Appendices I and II for consideration at meetings of the 
Conference of the Parties. The text of any proposal must be 
communicated to the CITES Secretariat at least 150 days before the 
meeting. The Secretariat must then consult the other Parties and 
appropriate intergovernmental agencies, and communicate their responses 
to all Parties no later than 30 days before the meeting.

Recent Decisions

    The tenth meeting of the Conference of the Parties to CITES (COP10) 
was held June 9-20, 1997, in Harare, Zimbabwe. At the meeting, the 
Parties considered 62 different animal proposals and 13 different plant 
proposals to amend the Appendices. These were described in the Federal 
Register on April 16, 1997, for proposals submitted by the United 
States (62 FR 18559), and on June 6, 1997, for proposals submitted by 
other Parties (62 FR 31054). All proposed amendments not withdrawn by 
the proponents were considered and acted upon by Committee I during the 
Conference, with each accredited attending Party having one vote. 
Adoption of amendments by Committee I requires either consensus or, in 
case of a vote, a two-thirds majority of those Parties present and 
voting (abstentions not included). Action by Committee I on species 
proposals was accepted by the Plenary session, unless a motion to 
reopen debate was put to vote and approved by one-third of the non-
abstaining Parties voting.
    Debate was reopened and votes recast on the following proposals 
that had not received the required two-thirds majority in Committee I: 
the proposal on the southern white rhinoceros (Ceratotherium simum 
simum) by South Africa; the proposal on the ultramarine lorikeet (Vini 
ultramarina) by Germany; and an amended proposal on the hawksbill sea 
turtle (Eretmochelys imbricata) by Cuba. The proposal on the 
ultramarine lorikeet was adopted in Plenary. The proposal on the 
southern white rhinoceros and the amended proposal on the hawksbill sea 
turtle, however, were rejected.
    The use of the secret ballot process for voting on species 
proposals was more widespread at COP10 than at past conferences. This 
was due in part to a change in the Rules of Procedure adopted at COP9, 
which reduced the number of seconding Parties required to sustain a 
motion for a secret ballot, and in part to the number of controversial 
proposals up for consideration. Secret ballots were cast in Committee I 
on all whale proposals, the hawksbill turtle proposal, all elephant 
proposals, and the proposal on bigleaf mahogany. A call by Panama for a 
secret ballot on the United States' proposal to include the sawfishes 
in Appendix I was rejected.

[[Page 44628]]

One secret ballot was also cast in Committee II. All proposals brought 
to a vote in Plenary, except that on the ultramarine lorikeet, were 
conducted by secret ballot. The United States believes that the 
position of CITES Parties on species proposals should be public and the 
voting process transparent. Consequently, the United States delegation 
announced on the floor or in other public fora its vote on species 
proposals conducted by secret ballot at COP10. The United States in 
Committee I voted for the proposal on bigleaf mahogany and against all 
other proposals voted on by secret ballot.
    Species proposals advanced by the United States met with mixed 
results. Proposals on the green-cheeked parrot (Amazona viridigenalis), 
straw-headed bulbul (Pycnonotus zeylanicus), sturgeons 
(Acipenseriformes), three species of mussels (Unionidae), and Tweedy's 
bitterroot (Lewisia tweedyi) were adopted by consensus, and goldenseal 
(Hydrastis canadensis) by vote. The effective date of the sturgeon 
proposal was amended to April 1, 1998, to allow enough time for 
identification techniques to be refined and made operational. The 
proposal to include all sawfishes (Pristiformes) in Appendix I 
encountered bloc opposition from Parties concerned about CITES 
involvement in marine species issues and was defeated. The United 
States was persuaded by arguments from other Parties that, in light of 
the endemic status of the alligator snapping turtle (Macroclemys 
temminckii) and timber rattlesnake (Crotalus horridus) in the United 
States and apparently low levels of international trade in both 
species, the conservation value of an Appendix II listing was 
questionable. The United States therefore withdrew these proposals and 
stated that it will consider, at least for the alligator snapping 
turtle, whether an Appendix III listing will provide the insights 
needed into the effect of international trade on its conservation 
status. State wildlife agencies will be fully consulted in the process 
of considering this approach. The proposal on nine species of map 
turtles (Graptemys spp.), though supported by a majority of the 
Parties, fell one vote short of the required two-thirds majority. 
Nonetheless, the Service will continue its cooperative approach with 
the States to identify appropriate conservation strategies for these 
and other native reptile species that are involved in international 
trade.
    Although disappointed with the close negative vote on inclusion of 
bigleaf mahogany (Swietenia macrophylla) in Appendix II (the vote was 
67 Parties in favor, 45 opposed, failing by 8 votes to reach the 
required two-thirds majority), the United States looks forward to 
progress in the conservation of this species, in the context of a 
number of range States' Appendix III listings and other efforts. 
Brazil, Bolivia, and Mexico stated in Plenary that they would include 
their populations in Appendix III. (Costa Rica included the species in 
Appendix III in 1995--see 61 FR 6793.) In addition, a mahogany working 
program is being established for 18 months (through 1998) that will 
provide for discussion among all range States, major importing 
countries, and pertinent organizations on conservation and sustainable 
trade of bigleaf mahogany.
    The Conference of the Parties also accepted a determination by the 
Nomenclature Committee that the CITES listing of the urial sheep, Ovis 
vignei, in Appendix I only applies to the subspecies Ovis vignei vignei 
and that other subspecies of Ovis vignei are not presently listed. This 
determination reverses an earlier decision of the Nomenclature 
Committee (reported in 61 FR 67293, December 10, 1996) that the entire 
species must be considered listed, because the taxon originally 
intended for listing could not be determined with certainty. The 
reversal was made on the basis of compelling evidence provided by the 
Depositary Government (Switzerland) from transcripts of committee 
discussions during the Plenipotentiary meeting (in 1973) and COP1 (in 
1976). This interpretation is consistent with the interpretation long 
held by the United States. It is anticipated that Germany will submit a 
proposal to COP11 to include the other subspecies in Appendix II and 
that such a proposal will be supported by the range States.
    Although there are no CITES listing implications, the Service 
wishes to note the action of the Parties at COP10 in adopting a 
resolution submitted by Pakistan to establish an annual export quota of 
six markhor (Capra falconeri) sport-hunted trophies. This species is 
included in Appendix I. Although adoption by the Parties of a quota for 
export of an Appendix I species normally constitutes assurance to the 
exporting country that exports within the established quota will be 
accepted by importing countries, stricter domestic measures may in some 
cases override such assurances. In the case of the markhor, two 
subspecies, Capra falconeri megaceros (includes C. f. jerdoni) and 
Capra falconeri chialtanensis (= C. aegagrus), are listed as Endangered 
under the U.S. Endangered Species Act (ESA). A finding of enhancement 
completely independent of any CITES finding would have to be made for 
import of either of these ESA-listed subspecies into the United States.
    Results of actions by the Conference of the Parties on the proposed 
amendments to the Appendices are given in the table below:

----------------------------------------------------------------------------------------------------------------
                                                                                              Decision of the   
              Species                     Proposed amendment             Proponent                parties       
----------------------------------------------------------------------------------------------------------------
              Mammals                                                                                           
                                                                                                                
Order Diprotodontia:                                                                                            
    Burramys parvus (Mountain pygmy  Deletion from Appendix II..  Australia.............  Adopted.              
     possum).                                                                                                   
    Dendrolagus bennettianus and D.  Deletion from Appendix II..  Australia.............  Adopted.              
     lumholtzi (Bennett's and                                                                                   
     Lumholtz's tree kangaroos).                                                                                
Order Xenarthra:                                                                                                
    Chaetophractus nationi (Hairy    Inclusion in Appendix I....  Bolivia...............  Adopted as amended to 
     armadillo).                                                                           include in Appendix  
                                                                                           II.                  
Order Cetacea:                                                                                                  
    Eschrichtius robustus (Gray      Transfer of the Eastern      Japan.................  Rejected.             
     whale).                          Pacific stock from                                                        
                                      Appendix I to II.                                                         
    Balaenoptera acutorostrata       Transfer of the Okhotsk Sea  Japan.................  Rejected.             
     (Minke whale).                   West Pacific stock from                                                   
                                      Appendix I to II.                                                         
    Balaenoptera acutorostrata       Transfer of the Southern     Japan.................  Rejected.             
     (Minke whale).                   Hemisphere stock from                                                     
                                      Appendix I to II.                                                         

[[Page 44629]]

                                                                                                                
    Balaenoptera acutorostrata       Transfer of the Northeast    Norway................  Rejected.             
     (Minke whale).                   Atlantic and the North                                                    
                                      Atlantic Central stocks                                                   
                                      from Appendix I to II.                                                    
    Balaenoptera edeni (Bryde's      Transfer of the North        Japan.................  Withdrawn.            
     whale).                          Pacific Western stock from                                                
                                      Appendix I to II.                                                         
Order Carnivora:                                                                                                
    Ursus arctos (Brown bear)......  Transfer of all Asian and    Finland, Bulgaria, and  Rejected.             
                                      European populations from    Jordan.                                      
                                      Appendix II to I.                                                         
    Panthera onca (Jaguar).........  Establishment of annual      Venezuela.............  Withdrawn.            
                                      export quotas for hunting                                                 
                                      trophies of zero in 1997,                                                 
                                      1998, and 1999 and of 50                                                  
                                      thereafter.                                                               
Order Proboscidea:                                                                                              
    Loxodonta africana (African      Transfer of the Botswanan    Botswana, Namibia, and  Adopted as amended.\1\
     elephant).                       population from Appendix I   Zimbabwe.                                    
                                      to II, with certain                                                       
                                      annotations.                                                              
    Loxodonta africana (African      Transfer of the Namibian     Botswana, Namibia, and  Adopted as amended.\2\
     elephant).                       population from Appendix I   Zimbabwe.                                    
                                      to II, with certain                                                       
                                      annotations.                                                              
    Loxodonta africana (African      Transfer of the Zimbabwean   Botswana, Namibia, and  Adopted as amended.\3\
     elephant).                       population from Appendix I   Zimbabwe.                                    
                                      to II, with certain                                                       
                                      annotations.                                                              
Order Perissodactyla:                                                                                           
    Ceratotherium simum simum        Amendment to annotation 503  South Africa..........  Rejected.             
     (Southern white rhinoceros).     in the CITES Appendice) to                                                
                                      allow trade in parts and                                                  
                                      derivatives but with a                                                    
                                      zero export quota.                                                        
Order Artiodactyla:                                                                                             
    Pecari tajacu (Collared          Deletion from Appendix II    Mexico................  Adopted.              
     peccary).                        (Mexican population).                                                     
    Vicugna vicugna (Vicuna).......  Annotated transfer of        Argentina.............  Adopted.              
                                      certain populations to                                                    
                                      Appendix II \4\.                                                          
    Vicugna vicugna (Vicuna).......  Annotated transfer of        Bolivia...............  Adopted as amended.\5\
                                      certain populations to                                                    
                                      Appendix II.                                                              
    Vicugna vicugna (Vicuna).......  Amendment to annotation 504  Peru..................  Adopted.              
                                      in the CITES Appendices                                                   
                                      list to replace the words                                                 
                                      ``VICUNANDES-CHILE'' and                                                  
                                      ``VICUNANDES-PERU'' with                                                  
                                      the words ``VICUNA-COUNTRY                                                
                                      OF ORIGIN''.                                                              
    Vicugna vicugna (Vicuna).......  Amendments to annotation     Peru..................  Adopted.              
                                      504 (in the CITES                                                         
                                      Appendices list) to allow                                                 
                                      also the countries that                                                   
                                      are members of the Vicuna                                                 
                                      Convention to utilize the                                                 
                                      term VICUNA-PAIS DE ORIGEN-                                               
                                      ARTESANIA, along with the                                                 
                                      authorized trademark, on                                                  
                                      luxury handicrafts and                                                    
                                      knitted articles made of                                                  
                                      wool sheared from live                                                    
                                      vicunas from Appendix II                                                  
                                      populations.                                                              
    Elaphurus davidianus (Pere       Inclusion in Appendix II...  Argentina and China...  Withdrawn.            
     David's deer).                                                                                             
    Bison bison athabascae (Wood     Transfer from Appendix I to  Canada................  Adopted.              
     bison).                          II in accordance with                                                     
                                      precautionary measure                                                     
                                      B.2.b) of Resolution Conf.                                                
                                      9.24, Annex 4.                                                            
    Bos javanicus (Banteng)........  Inclusion in Appendix I....  Thailand..............  Withdrawn.            
    Bubalus arnee (Water buffalo)..  Inclusion in Appendix I....  Thailand..............  Withdrawn.            
    Ovis Ammon nigrimontana (Kara    Transfer from Appendix II    Germany...............  Adopted.              
     Tau argali).                     to I.                                                                     
                                                                                                                
               Birds                                                                                            
                                                                                                                
Order Galliformes:                                                                                              
    Pauxi pauxi (Northern Helmeted   Inclusion in Appendix II...  Netherlands...........  Withdrawn.            
     curassow).                                                                                                 
    Pauxi unicornis (Horned          Inclusion in Appendix II...  Netherlands...........  Withdrawn.            
     curassow).                                                                                                 
Order Gruiformes:                                                                                               
    Turnix melanogaster (Black-      Deletion from Appendix II..  Australia.............  Adopted.              
     breasted button-quail).                                                                                    
    Pedionomus torquatus (Plains     Deletion from Appendix II..  Australia.............  Adopted.              
     wanderer).                                                                                                 
    Gallirallus australis hectori    Deletion from Appendix II..  New Zealand...........  Adopted.              
     (Eastern weka rail).                                                                                       
Order Psittaciformes:                                                                                           
    Amazona agilis (Black-billed     Transfer from Appendix II    Germany...............  Withdrawn.            
     parrot).                         to I.                                                                     
    Amazona viridigenalis (Red-      Transfer from Appendix II    Mexico, United States,  Adopted.              
     crowned parrot).                 to I.                        and Germany.                                 
    Cacatua sulphurea (Lesser        Transfer from Appendix II    Germany...............  Withdrawn.            
     sulphur-crested cockatoo).       to I.                                                                     
    Eunymphicus cornutus uvaeensis   Transfer from Appendix II    Germany...............  Withdrawn.            
     (Ouvea horned parakeet).         to I.                                                                     
    Vini kuhlii (Kuhl's lorikeet)..  Transfer from Appendix II    Germany...............  Rejected.             
                                      to I.                                                                     
    Vinni peruviana (Tahitian        Transfer from Appendix II    Germany...............  Rejected.             
     lorikeet).                       to I.                                                                     
    Vini ultramarina (Ultramarine    Transfer from Appendix II    Germany...............  Adopted               
     lorikeet).                       to I.                                                                     

[[Page 44630]]

                                                                                                                
Order Caraciiformes:                                                                                            
    Aceros waldeni (Writhed-billed   Transfer from Appendix II    Germany...............  Withdrawn.            
     hornbill).                       to I.                                                                     
Order Passeriformes:                                                                                            
    Pycnonotus zeylanicus (Straw-    Inclusion in Appendix II...  Netherlands and the     Adopted.              
     headed bulbul).                                               United States.                               
    Leiothrix argentauris (Silver-   Inclusion in Appendix II...  Netherlands...........  Adopted.              
     eared mesia).                                                                                              
    Leiothrix lutea (Pekin robin)..  Inclusion in Appendix II...  Netherlands...........  Adopted.              
    Liocichla omeiensis (Omei Shan   Inclusion in Appendix II...  Netherlands...........  Adopted.              
     liochichla).                                                                                               
    Tangara fastuosa (Seven-colored  Inclusion in Appendix II...  Germany and the         Adopted.              
     tanager).                                                     Netherlands.                                 
    Amandava formosa (Green          Inclusion in Appendix II...  Netherlands...........  Adopted.              
     avadavat).                                                                                                 
    Padda oryzivora (Java sparrow).  Inclusion in Appendix II...  Netherlands...........  Adopted.              
    Gracula religiosa (Hill mynah).  Inclusion in Appendix II...  Netherlands and the     Adopted.              
                                                                   Philippines.                                 
                                                                                                                
              Reptiles                                                                                          
                                                                                                                
Order Testudinata:                                                                                              
    Macroclemys temminckii           Inclusion in Appendix II...  United States.........  Withdrawn.            
     (Alligator snapping turtle).                                                                               
    Callagur borneoensis (Painted    Inclusion in Appendix II...  Germany...............  Adopted.              
     terrapin).                                                                                                 
    Graptemys (Map turtles)........  Inclusion of nine species    United States.........  Rejected.             
                                      in Appendix II.                                                           
    Eretmochelys imbricata           Transfer of the Cuban        Cuba..................  Rejected.             
     (Hawksbill sea turtle).          population from Appendix I                                                
                                      to II with certain                                                        
                                      annotations.                                                              
Order Crocodylia:                                                                                               
    Caiman latirostris (Broad-       Transfer of the Argentine    Argentina.............  Adopted.              
     snouted caiman).                 population from Appendix I                                                
                                      to II, for purpose of                                                     
                                      ranching.                                                                 
    Crocodylus niloticus (Nile       Maintenance of the Malagasy  Madagascar............  Adopted.              
     crocodile).                      population in Appendix II,                                                
                                      for purpose of ranching.                                                  
    Crocodylus niloticus (Nile       Establishment of an annual   Tanzania..............  Adopted.              
     crocodile).                      export quota of 1,000                                                     
                                      skins and 100 hunting                                                     
                                      trophies from wild animal                                                 
                                      for years 1998-2000.                                                      
    Crocodylus noloticus (Nile       Maintenance of the Ugandan   Uganda................  Adopted.              
     crocodile).                      population in Appendix II,                                                
                                      for purpose of ranching.                                                  
Order Sauria:                                                                                                   
    Varanus bengalensis (Indian      Transfer of the population   Bangladesh............  Rejected.             
     monitor).                        of Bangladesh from                                                        
                                      Appendix I to II subject                                                  
                                      to annual export quotas of                                                
                                      150,000 skins in 1997 and                                                 
                                      225,000 in 1998 and 1999.                                                 
    Varanus flavescens (Yellow       Transfer of the population   Bangaladesh...........  Rejected.             
     monitor).                        of Bangladesh from                                                        
                                      Appendix I to II subject                                                  
                                      to annual export quotas of                                                
                                      100,000 skins in 1997,                                                    
                                      1998, and 1999.                                                           
Order Serpentes:                                                                                                
    Crotalus horridus (Timber        Inclusion in Appendix II...  United States.........  Withdrawn.            
     rattlesnake).                                                                                              
                                                                                                                
             Amphibians                                                                                         
                                                                                                                
Order Anura:                                                                                                    
    Mantella bernhardi, M. cowani,   Inclusion in Appendix II...  Netherlands...........  Withdrawn.            
     M. viridis, and M.                                                                                         
     haraldmeieri (Golden mantella                                                                              
     frogs).                                                                                                    
                                                                                                                
               Fishes                                                                                           
                                                                                                                
Order Acipenseriformes (Sturgeons).  Inclusion of all presently   Germany and the United  Adopted as amended.\6\
                                      unlisted species in          States.                                      
                                      Appendix II.                                                              
Order Pristiformes (Sawfishes).....  Inclusion in Appendix I....  United States.........  Rejected.             
                                                                                                                
              Mollusks                                                                                          
                                                                                                                
Fusconaia subrotunda, Lampsilis      Deletion from Appendix II..  United States.........  Adopted.              
 brevicula, and Lexingtonia                                                                                     
 dolabelloides (Unionid mussels).                                                                               
Paryphanta spp. (New Zealand amber   Deletion from Appendix II..  Switzerland...........  Adopted.              
 snails).                                                                                                       
                                                                                                                
       Other Animal Proposals                                                                                   
                                                                                                                
Any Appendix II species annotated    Amendment to the relevant    Switzerland...........  Adopted.\7\           
 to limit the trade to certain        annotations of Appendix II                                                
 types of specimens.                  species annotated to limit                                                
                                      the trade to certain types                                                
                                      of specimens, to include                                                  
                                      the following wording:                                                    
                                      ``All other specimens                                                     
                                      shall be deemed to be                                                     
                                      specimens of species                                                      
                                      included in Appendix I and                                                
                                      the trade in them shall be                                                
                                      regulated accordingly''.                                                  
                                                                                                                

[[Page 44631]]

                                                                                                                
          Plants--General                                                                                       
                                                                                                                
Araliaceae: Panax quinquefolius      Amend the Appendix II        Switzerland...........  Adopted as amended.\8\
 (American ginseng).                  listing of this species                                                   
                                      (cf. current annotation                                                   
                                      #3), to include only the                                                  
                                      followiong parts: ``Whole                                                 
                                      and sliced roots and parts                                                
                                      of roots, excluding                                                       
                                      manufactured, processed                                                   
                                      products such as powders,                                                 
                                      extracts, pills, tonics,                                                  
                                      teas and confectionary''.                                                 
Cactaceae spp. (Cacti): Mexican      Amend the Appendix II        Mexico................  Adopted as amended.\9\
 cacti.                               listing for this family                                                   
                                      (cf. current annotation #                                                 
                                      4), to include seeds from                                                 
                                      Mexican cacti originating                                                 
                                      in Mexico.                                                                
Leguminosae (Fabaceae): Pericopsis   Amend the Appendix II        Switzerland...........  Adopted.              
 elata (Afrormosia), and Meliaceae:   listing of these two                                                      
 Swietenia mahagoni (Caribbean        species (cf. current                                                      
 mahogany).                           annotation # 5), to                                                       
                                      include only the following                                                
                                      parts: ``Logs, sawn wood                                                  
                                      and veneer sheets''.                                                      
Meliaceae: Swietenia macrophylla     Include in Appendix II with  United States and       Rejected as           
 (Bigleaf mahogany).                  an annotation to cover       Bolivia.                amended.\8\          
                                      logs, sawn wood, and                                                      
                                      veneer sheets only.                                                       
Portulacaceae: Lewisia tweedyi       Delete from Appendix II....  United States.........  Adopted.              
 (Tweedy's bitterroot).                                                                                         
Proteaceae: Orothamnus zeyheri       Transfer from Appendix I to  South Africa..........  Adopted.              
 (Marsh-rose).                        Appendix II, in accordance                                                
                                      with precautionary measure                                                
                                      B.2.b of Resol. Conf.                                                     
                                      9.24, Annex 4.                                                            
Protea odorata (Ground-rose or       Transfer from Appendix I to  South Africa..........  Adopted.              
 Swartland sugarbush).                Appendix II, in accordance                                                
                                      with precautionary measure                                                
                                      B.2.b of Resol. Conf.                                                     
                                      9.24, Annex 4.                                                            
Ranunculaceae: Hydrastis canadensis  Include in Appendix II,      United States.........  Adopted as amended.\8\
 (Goldenseal).                        along with only the                                                       
                                      following parts: ``Roots,                                                 
                                      rhizomes or rootstocks,                                                   
                                      and specimens recognizable                                                
                                      as being parts thereof''.                                                 
Scrophulariaceae: Picrorhiza         Include in Appendix II,      India.................  Adopted.              
 kurrooa (Kutki).                     along with only the                                                       
                                      following parts: ``Roots                                                  
                                      and readily recognizable                                                  
                                      parts thereof''.                                                          
Theaceae: Camellia chrysantha,       Delete from Appendix II....  China.................  Adopted.              
 which is Camellia petelotii in                                                                                 
 part (Golden-flowered camellia).                                                                               
Valerianaceae: Nardostachys          Include in Appendix II,      India.................  Adopted as amended.\8\
 grandiflora (=Nardostachys           along with only the                                                       
 jatamansi misapplied) (Himalayan     following parts: ``Whole                                                  
 nard or spikenard).                  and sliced roots and parts                                                
                                      of roots, excluding                                                       
                                      manufactured, processed                                                   
                                      products such as powders,                                                 
                                      extracts, pills, tonics,                                                  
                                      teas and confectionary''.                                                 
                                                                                                                
   Plants--Artificial Propagation                                                                               
                                                                                                                
Families other than Orchidaceae      Amend the listings of most   Switzerland...........  Adopted.              
 (Orchids).                           plant families now in                                                     
                                      Appendix II (current                                                      
                                      annotations #1, #2, #4,                                                   
                                      and #8), to also exclude                                                  
                                      the following part: ``Cut                                                 
                                      flowers of artificially                                                   
                                      propagated plants''.                                                      
Cactaceae spp. (Cacti): (1) Hybrid   Amend the Appendix II        Denmark...............  Adopted as amended.<SUP>8, 
 Easter cactus; (2) Crab cactus,      listing for this family                              <SUP>10                   
 Christmas cactus; (3) Red cap        (cf. current annotation                                                   
 cactus, Oriental moon cactus; and    #4), to exclude                                                           
 (4) Bunny ears cactus.               artificially propagated                                                   
                                      specimens of the following                                                
                                      hybrids and/or cultivars:                                                 
                                      (1) Hatiora  graeseri (=H.                                                
                                      gaertneri  H. rosea); (2)                                                 
                                      Schlumbergera                                                             
                                      (=Zygocactus) truncata                                                    
                                      cultivars, and its hybrids                                                
                                      with S. opuntioides (=S.                                                  
                                      exotica), S. orssichiana,                                                 
                                      and S. russelliana (=S.                                                   
                                      buckleyi); (3)                                                            
                                      Gymnocalycium mihanovichii                                                
                                      cultivars lacking                                                         
                                      chlorophyll, grafted to                                                   
                                      Hatiora `Jusbertii',                                                      
                                      Hylocereus trigonus or H.                                                 
                                      undatus; and (4) Opuntia                                                  
                                      microdasys.                                                               
Euphorbiaceae: Succulent Euphorbia   Amend the Appendix II        Denmark...............  Adopted.              
 spp. (Succulent euphorbs): Three-    listing of succulent                                                      
 ribbed milk tree.                    Euphorbia spp., with an                                                   
                                      annotation to exclude                                                     
                                      artificially propagated                                                   
                                      specimens of Euphorbia                                                    
                                      trigona cultivars.                                                        

[[Page 44632]]

                                                                                                                
Primulaceae: Cyclamen spp.           Amend the Appendix II        Denmark...............  Adopted as            
 (Cyclamens): Florist's cyclamen.     listing of Cyclamen spp.,                            amended.\8\, \10\    
                                      with an annotation to                                                     
                                      exclude artificially                                                      
                                      propagated specimens of                                                   
                                      the cultivars of Cyclamen                                                 
                                      persicum, except when                                                     
                                      traded as dormant tubers.                                                 
----------------------------------------------------------------------------------------------------------------
\1\ Originally annotated to allow: a) the direct export of registered stocks of whole raw tusks of Botswana     
  origin to one trading partner (Japan) subject to annual quotas of 12.68 tons in 1998 and 1999; b)             
  international trade in hunting trophies; and c) international trade in live animals to appropriate and        
  acceptable destinations. Amended to qualify the provision for export of sport-hunting trophies with the phrase
  ``for non-commercial purposes.'' Further amended to qualify the provision for export of ivory stockpiles as   
  follows: ``No international trade in ivory before 18 months after the transfer to Appendix II comes into      
  effect. Thereafter an experimental quota for raw ivory not exceeding 25.3 tons may be traded with Japan       
  subject to conditions established in Decision No. XX to the Conference of the Parties.'' (Note: Decision No.  
  XX establishes nine conditions that need to be met before trade in raw ivory can be resumed; directs the CITES
  Standing Committee to make available the evaluation of legal and illegal trade and legal offtake as           
  established through Resolution Conf. 9.16(Rev.) as soon as possible after the experimental trade has taken    
  place; and further directs the Standing Committee to identify in cooperation with the range States any        
  negative impacts of the resumption of trade and determine and propose corrective measures. A copy of Decision 
  No. XX may be obtained from the Office of Scientific Authority.)                                              
\2\ Originally annotated to allow: a) the direct export of registered stocks of whole raw tusks of Namibian     
  origin owned by the government of Namibia to one trading partner (Japan) that will not re-export, subject to  
  annual quotas that will not exceed 6,900 kg. between September 1997 and August 1998 and between September 1998
  and August 1999; b) international trade in live animals to appropriate and acceptable destinations for non-   
  commercial purposes; and c) international trade in hunting trophies for non-commercial purposes. Amended to   
  qualify the provision for export of sport-hunting trophies with the phrase ``for non-commercial purposes.''   
  Further amended to qualify the provision for export of ivory stockpiles as follows: ``No international trade  
  in ivory before 18 months after the transfer to Appendix II comes into effect. Thereafter an experimental     
  quota for raw ivory not exceeding 13.8 tons may be traded with Japan subject to conditions established in     
  Decision No. XX to the Conference of the Parties.'' (Note: see footnote #1 for a summary of Decision No. XX.) 
\3\ Originally annotated to allow: a) the direct export of registered stocks of whole raw tusks to one trading  
  partner (Japan) subject to annual quotas of 10 tons in 1998 and 1999; b) international trade in hunting       
  trophies; c) international trade in live animals to appropriate and acceptable destinations; d) international 
  trade in non-commercial shipments of leather articles and ivory carvings; and e) export of hides. Amended to  
  qualify the provision for export of sport-hunting trophies with the phrase ``for non-commercial purposes.''   
  Further amended to qualify the provision for export of ivory stockpiles as follows: ``No international trade  
  in ivory before 18 months after the transfer to Appendix II comes into effect. Thereafter an experimental     
  quota for raw ivory not exceeding 20 tons may be traded with Japan subject to conditions established in       
  Decision No. XX to the Conference of the Parties.'' (Note: see footnote #1 for a summary of Decision No. XX.) 
\4\ Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of  
  Jujuy, Salta, Catamarca, La Rioja, and San Juan, Argentina, from Appendix I to II, with an annotation to allow
  only the international trade in wool sheared from live vicunas, and in cloth and manufactured items made      
  thereof, under the mark ``VICUNA-ARGENTINA.''                                                                 
\5\ Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas,    
  Bolivia, from Appendix I to II, with an annotation to allow only the international trade in cloth and         
  manufactured items made thereof, under the mark ``VICUNA-BOLIVIA.'' Amended to establish an initial export    
  quota of zero.                                                                                                
\6\ Amended to establish a delayed effective date of April 1, 1998. The Parties passed a resolution in          
  association with this amendment to the Appendices that recognizes the conservation problems facing Caspian Sea
  sturgeons and the need for assistance in that region to assure effective implementation of the listings. It   
  further advocates accedence of key sturgeon range States to CITES and the formulation of a management plan for
  the Caspian Sea sturgeon fishery.                                                                             
\7\ In a related Decision passed by the Parties, it was agreed that a working group would be established under  
  the aegis of the Standing Committee to study the expanding array of problems and confusion arising from the   
  use of product annotations in the Appendices. The working group will report to COP11.                         
\8\ The text in the amendment column at left gives the result as amended at COP10, which differs from that      
  provided in the Federal Register notice of June 6, 1997 (62 FR 31054) with regard to the parts and/or         
  derivatives included. The amendments were either minor changes in wording to clarify the proposal's intent, or
  involved additional parts and/or derivatives that were excluded.                                              
\9\ The text in the amendment column at left gives the result as amended at COP10, which differs from that      
  provided in the Federal Register notice of June 6, 1997 (62 FR 31054) by also including the seeds originating 
  in Mexico from artificial propagation. This revision was recommended by the CITES Secretariat in Doc. 10.89,  
  Annex 1. The seeds of Mexican cacti from artificial propagation that originate elsewhere than Mexico remain   
  unregulated by CITES.                                                                                         
\10\ The text in the amendment column at left gives the results as amended at COP10, which adopted the          
  clarifications and suggestions regarding taxa and hybrid specimens as analyzed by the United States--see the  
  Federal Register notice of June 6, 1997 (62 FR 31054).                                                        

Consequences of Amendments to Appendices I and II

    All proposals in the preceding table that were approved by the 
Conference of the Parties will enter into effect 90 days after the 
meeting (i.e., on September 18, 1997) under the terms of the CITES 
treaty (except for the listing of sturgeons, which has a delayed 
effective date of April 1, 1998). Article XV of CITES enables any Party 
to exempt itself from implementing CITES for any particular species, if 
it enters a reservation with respect to that species. A Party desiring 
to enter a reservation must do so during the 90-day period immediately 
following the close of the meeting at which the Parties voted to 
include the species in Appendix I or II. If the United States should 
decide to enter any reservation, this action must be transmitted to the 
Depositary Government (Switzerland) by September 18, 1997.
    The Service now repeats its request published earlier (62 FR 31054, 
June 6, 1997) for public comment/recommendations concerning 
reservations to be taken by the United States on any amendments to the 
Appendices adopted by the Parties at COP10. Recommendations or comments 
regarding reservations must be received by September 12, 1997, so that 
all comments can be carefully considered and the Depositary Government 
and the Secretariat can be informed by September 18, 1997 if 
appropriate. The Service proposes not to recommend any reservations. It 
will consider doing so only if evidence is presented to show that 
implementation of an amendment would be contrary to the interests or 
law of the United States. If the United States should enter any 
reservations, they will be announced in a Federal Register notice as 
soon as possible after the decisions are made. Any reservations 
announced would be tentative, pending full consideration of public 
comments.
    Reservations, if entered, may do little to relieve importers in the 
United States from the need for foreign export permits, because the 
U.S. Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) make it a 
Federal offense to import into the United States any animals taken, 
possessed, transported, or sold in violation of foreign conservation 
laws. If a foreign country has enacted CITES as part of its positive 
law, and that country has not taken a reservation with regard to the 
animal or plant, or its parts or

[[Page 44633]]

derivatives, the United States (even if it had taken a reservation on a 
species) would continue to require CITES export documents as a 
condition of import. Any reservation by the United States would provide 
exporters in this country with little relief from the need for U.S. 
export documents. Importing countries that are party to CITES would 
generally require CITES-equivalent documentation from the United 
States, even if it enters a reservation, because the Parties have 
agreed to allow trade with non-Parties (including reserving Parties) 
only if they issue documents containing all the information required in 
CITES permits or certificates. In addition, if a reservation is taken 
on a species listed in Appendix I, the species should still be treated 
by the reserving Party as in Appendix II according to Resolution Conf. 
4.25, thereby still requiring CITES documents for export. The United 
States has never entered a reservation to a CITES listing. It is the 
policy of the United States that commercial trade in Appendix I species 
for which a country has entered a reservation undermines the 
effectiveness of CITES.

Requirements of Other Laws

    Changes in the CITES listing status of species as a consequence of 
actions taken at COP10 do not supersede import or export requirements 
pursuant to other wildlife conservation laws. For example, import or 
export of species listed as Threatened or Endangered under the U.S. 
Endangered Species Act (ESA) still must meet the provisions of that law 
and its implementing regulations in 50 CFR Part 17, even if those 
species have been transferred to a less protective CITES Appendix or 
removed from the Appendices entirely. The most noteworthy of the 
species downlisted to Appendix II at COP10 but still subject to 
stricter ESA provisions are the African elephant, the Argentinian and 
Bolivian populations of the vicuna, the wood bison, and the broad-
snouted caiman. The African elephant is also subject to provisions of 
the U.S. African Elephant Conservation Act (AECA). Because of the high 
public interest in this species and the complexity of the terms of the 
CITES downlistings, the effects of the downlistings on trade in African 
elephant products is treated separately in more detail below. Species 
of birds included in the CITES Appendices for the first time (straw-
headed bulbul, silver-eared mesia, Pekin robin, Omei Shan leiocichla, 
seven-colored tanager, green avadavat, Java sparrow, and hill mynah) 
are now subject to the terms of the U.S. Wild Bird Conservation Act 
(WBCA) and its regulations in 50 CFR Part 15. This will result in a 
prohibition on the importation of these species unless they qualify for 
exemptions established by regulation. Copies of these implementing 
regulations are available from the Service's Office of Management 
Authority. Importation into the United States of Sport-hunted Trophies 
of African Elephants from Namibia, Botswana, and Zimbabwe.
    The African elephant is listed as Threatened under the ESA with a 
special rule at 50 CFR 17.40(e). Under the special rule, a personally 
taken sport-hunted trophy may be imported into the United States when 
it has (1) originated in a country for which the Service has received 
notice for that country's African elephant ivory quota for the year of 
export; (2) the permit requirements of the regulations for CITES 
permits (50 CFR 13 and 23) have been met; (3) the Service has 
determined that the take of the trophy for import would enhance the 
survival of the species; and (4) the ivory has been marked as outlined 
in the special rule. All these conditions will continue to apply after 
the Appendix II listing for the elephant populations of Botswana, 
Namibia, and Zimbabwe enters into effect on September 18, 1997. In 
making the required enhancement findings, the Service reviews the 
status of the population and the total management program for the 
elephant in each country to ensure the program is promoting the 
conservation of the species. The Service will make such findings on a 
periodic basis upon receipt of new information on the species' 
population or management. The enhancement findings for importation of 
sport-hunted elephant trophies from Botswana, Namibia, and Zimbabwe are 
on file in the Office of Management Authority and remain in effect 
until the Service finds, based on new information, that the conditions 
of the special rule are no longer met and has published a notice of any 
change in the Federal Register.
    The practical effect of the downlistings of these three populations 
for sport hunters is that an import permit will no longer be required 
for non-commercial imports of African elephant sport-hunted trophies 
from these countries only. Only a CITES export permit from the country 
of origin or a re-export certificate from an intermediate country will 
be required. Populations of African elephants in all other countries, 
however, remain in Appendix I. Therefore, importation into the United 
States of sport-hunted elephant trophies from these other countries 
will continue to require prior issuance of both an import and export 
permit. As in the past, no sport trophies of African elephants, or 
ivory from sport trophies, whether from Appendix I or Appendix II 
populations, may be exported from the United States.

Importation of Live African Elephants, Ivory, and Other African 
Elephant Products

    When the downlistings of the elephant populations of Botswana, 
Namibia, and Zimbabwe become effective on September 18, 1997, it will 
be possible to import live elephants from any of these countries into 
the United States ``to appropriate and acceptable destinations'' 
without an import permit and without need for an enhancement finding. 
Only an export permit from the country of origin, or a re-export 
certificate from an intermediate country, will be necessary. For 
elephants from Zimbabwe only, commercial trade in hides will be 
allowed. However, the terms of the downlisting of the Zimbabwean 
population are ambiguous regarding future commercial trade in leather 
products. The United States intends to seek clarification on the scope 
of the leather goods and hides annotations from the CITES Standing 
Committee. Hides or leather products from elephant populations other 
than those of Zimbabwe are still considered to be specimens included in 
Appendix I and cannot be imported by any CITES Party for commercial 
purposes.
    Regardless of any provisions of the African elephant downlistings 
at COP10 for export of elephant ivory or ivory products, import of 
worked ivory into the United States continues to be prohibited under 
the terms of the African Elephant Conservation Act (AECA), as 
interpreted by the ESA 4(d) special rule, unless they meet any of the 
following exceptions: (1) Bonafide antiques more than 100 years old; 
(2) personal and household effects registered with U.S. Customs on 
export and now being reimported; or (3) pre-Convention items for non-
commercial use acquired prior to the first listing of the elephants 
under CITES in 1977. With the exception of appropriately marked sport-
hunted trophies, import of raw ivory is strictly prohibited.

    Note: The Department has determined that amendments to CITES 
Appendices, which result from actions of the Parties to the 
Convention, do not require the preparation of Environmental 
Assessments as defined under authority of the National Environmental 
Policy Act (42 U.S.C. 4321-4347). This rule was not subject to 
Office of Management and Budget review under Executive Order 12866. 
Because these amendments are simply

[[Page 44634]]

notifications of actions taken by the CITES Parties, they are not 
``rules'' as defined in 5 U.S.C. 551. Similarly, the Regulatory 
Flexibility Act (5 U.S.C. 601) does not apply to the CITES listing 
process. The proposed adjustments to the list in 50 CFR 23.23 are 
solely informational to provide the public with accurate data on the 
species covered by CITES. With the exception of the sturgeon species 
listed on the basis of the proposal by Germany and the United 
States, the listing changes adopted by the Parties will take effect 
on September 18, 1997, under the terms of CITES. The sturgeon 
listings take effect on April 1, 1998, as provided for in the 
amended language of the proposal. This proposed rule does not 
contain information collection requirements that require approval by 
the Office of Management and Budget under 44 U.S.C. 3501 et seq.

    The Service finds that the public comment period must close 15 days 
from publication, in order to provide the necessary time to review and, 
if appropriate, act on any comments requesting the entering of 
reservations. Any such reservations must be submitted to the Depositary 
Government (and CITES Secretariat) by September 18, 1997.

List of Subjects in 50 CFR Part 23

    Endangered and threatened species, Exports, Fish, Imports, Marine 
mammals, Plants (agriculture), Treaties.

    This document is issued under authority of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq. and 87 Stat. 884, as amended). It 
was prepared by Dr. Marshall A. Howe and Dr. Bruce MacBryde, Office of 
Scientific Authority.

Proposed Regulation Promulgation

    The Service proposes to amend the list of species contained in 
Sec. 23.23 of title 50 of the Code of Federal Regulations by 
incorporating all changes in CITES Appendices I and II that were 
approved by the Conference of the Parties, as set forth in the 
Supplementary Information section of this proposed rule.

    Dated: August 15, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-22402 Filed 8-21-97; 8:45 am]
BILLING CODE 4310-55-U