Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 44627

the docket control number OPPTS–

62128B. Electronic comments on this

rulemaking may be filed online at many

Federal Depository Libraries.

Supplemental documents relating to

the rulemaking and the public meeting

will be posted at the following Internet

address:

http://www.epa.gov/opptintr/lead/

index.html

List of Subjects in 40 CFR Part 745

Environmental protection, Hazardous

substances, Lead, Reporting and

recordkeeping.

Dated: August 19, 1997.

William H. Sanders, III,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 97–22517 Filed 8–21–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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 sporthunted 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-ofappearance 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 nonabstaining 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.
44628 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules

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 twothirds 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:

Species Proposed amendment Proponent Decision of the parties

MAMMALS

Order Diprotodontia:

Burramys parvus (Mountain pygmy possum).Deletion from Appendix II ............................... Australia ..................... Adopted.

Dendrolagus bennettianus and D.

lumholtzi (Bennett’s and Lumholtz’s tree

kangaroos).

Deletion from Appendix II ............................... Australia ..................... Adopted.

Order Xenarthra:

Chaetophractus nationi (Hairy armadillo) .. Inclusion in Appendix I ................................... Bolivia ......................... Adopted as amended

to include in Appendix II.

Order Cetacea:

Eschrichtius robustus (Gray whale) ........... Transfer of the Eastern Pacific stock from

Appendix I to II.

Japan ......................... Rejected.

Balaenoptera acutorostrata (Minke whale) Transfer of the Okhotsk Sea West Pacific

stock from Appendix I to II.

Japan ......................... Rejected.

Balaenoptera acutorostrata (Minke whale) Transfer of the Southern Hemisphere stock

from Appendix I to II.

Japan ......................... Rejected.
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 44629

Species Proposed amendment Proponent Decision of the parties

Balaenoptera acutorostrata (Minke whale) Transfer of the Northeast Atlantic and the

North Atlantic Central stocks from Appendix I to II.

Norway ....................... Rejected.

Balaenoptera edeni (Bryde’s whale) ......... Transfer of the North Pacific Western stock

from Appendix I to II.

Japan ......................... Withdrawn.

Order Carnivora:

Ursus arctos (Brown bear) ........................ Transfer of all Asian and European populations from Appendix II to I.Finland, Bulgaria, and

Jordan.

Rejected.

Panthera onca (Jaguar) ............................. Establishment of annual export quotas for

hunting trophies of zero in 1997, 1998, and

1999 and of 50 thereafter.

Venezuela .................. Withdrawn.

Order Proboscidea:

Loxodonta africana (African elephant) ...... Transfer of the Botswanan population from

Appendix I to II, with certain annotations.

Botswana, Namibia,

and Zimbabwe.

Adopted as amended.1

Loxodonta africana (African elephant) ...... Transfer of the Namibian population from Appendix I to II, with certain annotations.Botswana, Namibia,

and Zimbabwe.

Adopted as amended.2

Loxodonta africana (African elephant) ...... Transfer of the Zimbabwean population from

Appendix I to II, with certain annotations.

Botswana, Namibia,

and Zimbabwe.

Adopted as amended.3

Order Perissodactyla:

Ceratotherium simum simum (Southern

white rhinoceros).

Amendment to annotation 503 in the CITES

Appendice) to allow trade in parts and derivatives but with a zero export quota.

South Africa ............... Rejected.

Order Artiodactyla:

Pecari tajacu (Collared peccary) ............... Deletion from Appendix II (Mexican population).Mexico ........................ Adopted.

Vicugna vicugna (Vicun ̃a) .......................... Annotated transfer of certain populations to

Appendix II 4.

Argentina .................... Adopted.

Vicugna vicugna (Vicun ̃a) .......................... Annotated transfer of certain populations to

Appendix II.

Bolivia ......................... Adopted as amended.5

Vicugna vicugna (Vicun ̃a) .......................... Amendment to annotation 504 in the CITES

Appendices list to replace the words

‘‘VICUN ̃ ANDES-CHILE’’ and

‘‘VICUN ̃ ANDES-PERU’’ with the words

‘‘VICUN ̃ A-COUNTRY OF ORIGIN’’.

Peru ............................ Adopted.

Vicugna vicugna (Vicun ̃a) .......................... Amendments to annotation 504 (in the CITES

Appendices list) to allow also the countries

that are members of the Vicun ̃a Convention to utilize the term VICUN ̃ A-PAIS DE

ORIGEN-ARTESANIA, along with the authorized trademark, on luxury handicrafts

and knitted articles made of wool sheared

from live vicun ̃as from Appendix II populations.

Peru ............................ Adopted.

Elaphurus davidianus (Pe`re David’s deer) Inclusion in Appendix II .................................. Argentina and China .. Withdrawn.

Bison bison athabascae (Wood bison) ..... Transfer from Appendix I to II in accordance

with precautionary measure B.2.b) of Resolution Conf. 9.24, Annex 4.

Canada ....................... Adopted.

Bos javanicus (Banteng) ........................... Inclusion in Appendix I ................................... Thailand ..................... Withdrawn.

Bubalus arnee (Water buffalo) .................. Inclusion in Appendix I ................................... Thailand ..................... Withdrawn.

Ovis Ammon nigrimontana (Kara Tau

argali).

Transfer from Appendix II to I ......................... Germany .................... Adopted.

BIRDS

Order Galliformes:

Pauxi pauxi (Northern Helmeted

curassow).

Inclusion in Appendix II .................................. Netherlands ................ Withdrawn.

Pauxi unicornis (Horned curassow) ........... Inclusion in Appendix II .................................. Netherlands ................ Withdrawn.

Order Gruiformes:

Turnix melanogaster (Black-breasted button-quail).Deletion from Appendix II ............................... Australia ..................... Adopted.

Pedionomus torquatus (Plains wanderer) Deletion from Appendix II ............................... Australia ..................... Adopted.

Gallirallus australis hectori (Eastern weka

rail).

Deletion from Appendix II ............................... New Zealand .............. Adopted.

Order Psittaciformes:

Amazona agilis (Black-billed parrot) .......... Transfer from Appendix II to I ......................... Germany .................... Withdrawn.

Amazona viridigenalis (Red-crowned parrot).Transfer from Appendix II to I ......................... Mexico, United States,

and Germany.

Adopted.

Cacatua sulphurea (Lesser sulphurcrested cockatoo).Transfer from Appendix II to I ......................... Germany .................... Withdrawn.

Eunymphicus cornutus uvaeensis (Ouvea

horned parakeet).

Transfer from Appendix II to I ......................... Germany .................... Withdrawn.

Vini kuhlii (Kuhl’s lorikeet) ......................... Transfer from Appendix II to I ......................... Germany .................... Rejected.

Vinni peruviana (Tahitian lorikeet) ............. Transfer from Appendix II to I ......................... Germany .................... Rejected.

Vini ultramarina (Ultramarine lorikeet) ....... Transfer from Appendix II to I ......................... Germany .................... Adopted
44630 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules

Species Proposed amendment Proponent Decision of the parties

Order Caraciiformes:

Aceros waldeni (Writhed-billed hornbill) .... Transfer from Appendix II to I ......................... Germany .................... Withdrawn.

Order Passeriformes:

Pycnonotus zeylanicus (Straw-headed

bulbul).

Inclusion in Appendix II .................................. Netherlands and the

United States.

Adopted.

Leiothrix argentauris (Silver-eared mesia) Inclusion in Appendix II .................................. Netherlands ................ Adopted.

Leiothrix lutea (Pekin robin) ...................... Inclusion in Appendix II .................................. Netherlands ................ Adopted.

Liocichla omeiensis (Omei Shan

liochichla).

Inclusion in Appendix II .................................. Netherlands ................ Adopted.

Tangara fastuosa (Seven-colored tanager) Inclusion in Appendix II .................................. Germany and the

Netherlands.

Adopted.

Amandava formosa (Green avadavat) ...... Inclusion in Appendix II .................................. Netherlands ................ Adopted.

Padda oryzivora (Java sparrow) ............... Inclusion in Appendix II .................................. Netherlands ................ Adopted.

Gracula religiosa (Hill mynah) ................... Inclusion in Appendix II .................................. Netherlands and the

Philippines.

Adopted.

REPTILES

Order Testudinata:

Macroclemys temminckii (Alligator snapping turtle).Inclusion in Appendix II .................................. United States ............. Withdrawn.

Callagur borneoensis (Painted terrapin) ... Inclusion in Appendix II .................................. Germany .................... Adopted.

Graptemys (Map turtles) ............................ Inclusion of nine species in Appendix II ......... United States ............. Rejected.

Eretmochelys imbricata (Hawksbill sea

turtle).

Transfer of the Cuban population from Appendix I to II with certain annotations.Cuba ........................... Rejected.

Order Crocodylia:

Caiman latirostris (Broad-snouted caiman) Transfer of the Argentine population from Appendix I to II, for purpose of ranching.Argentina .................... Adopted.

Crocodylus niloticus (Nile crocodile) ......... Maintenance of the Malagasy population in

Appendix II, for purpose of ranching.

Madagascar ............... Adopted.

Crocodylus niloticus (Nile crocodile) ......... Establishment of an annual export quota of

1,000 skins and 100 hunting trophies from

wild animal for years 1998–2000.

Tanzania .................... Adopted.

Crocodylus noloticus (Nile crocodile) ........ Maintenance of the Ugandan population in

Appendix II, for purpose of ranching.

Uganda ....................... Adopted.

Order Sauria:

Varanus bengalensis (Indian monitor) ...... Transfer of the population 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.

Bangladesh ................ Rejected.

Varanus flavescens (Yellow monitor) ........ Transfer of the population of Bangladesh

from Appendix I to II subject to annual export quotas of 100,000 skins in 1997,

1998, and 1999.

Bangaladesh .............. Rejected.

Order Serpentes:

Crotalus horridus (Timber rattlesnake) ...... Inclusion in Appendix II .................................. United States ............. Withdrawn.

AMPHIBIANS

Order Anura:

Mantella bernhardi, M. cowani, M. viridis,

and M. haraldmeieri (Golden mantella

frogs).

Inclusion in Appendix II .................................. Netherlands ................ Withdrawn.

FISHES

Order Acipenseriformes (Sturgeons) ................ Inclusion of all presently unlisted species in

Appendix II.

Germany and the

United States.

Adopted as amended.6

Order Pristiformes (Sawfishes) ......................... Inclusion in Appendix I ................................... United States ............. Rejected.

MOLLUSKS

Fusconaia subrotunda, Lampsilis brevicula,

and Lexingtonia dolabelloides (Unionid mussels).

Deletion from Appendix II ............................... United States ............. Adopted.

Paryphanta spp. (New Zealand amber snails) Deletion from Appendix II ............................... Switzerland ................. Adopted.

OTHER ANIMAL PROPOSALS

Any Appendix II species annotated to limit the

trade to certain types of specimens.

Amendment to the relevant annotations of

Appendix II 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’’.

Switzerland ................. Adopted.7
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 44631

Species Proposed amendment Proponent Decision of the parties

PLANTS—GENERAL

Araliaceae: Panax quinquefolius (American

ginseng).

Amend the Appendix II 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’’.

Switzerland ................. Adopted as amended.8

Cactaceae spp. (Cacti): Mexican cacti ............. Amend the Appendix II listing for this family

(cf. current annotation # 4), to include

seeds from Mexican cacti originating in

Mexico.

Mexico ........................ Adopted as amended.9

Leguminosae (Fabaceae): Pericopsis elata

(Afrormosia), and Meliaceae: Swietenia

mahagoni (Caribbean mahogany).

Amend the Appendix II listing of these two

species (cf. current annotation # 5), to include only the following parts: ‘‘Logs, sawn

wood and veneer sheets’’.

Switzerland ................. Adopted.

Meliaceae: Swietenia macrophylla (Bigleaf mahogany).Include in Appendix II with an annotation to

cover logs, sawn wood, and veneer sheets

only.

United States and Bolivia.Rejected as amended.8

Portulacaceae: Lewisia tweedyi (Tweedy’s bitterroot).Delete from Appendix II .................................. United States ............. Adopted.

Proteaceae: Orothamnus zeyheri (Marsh-rose) Transfer from Appendix I to Appendix II, in

accordance with precautionary measure

B.2.b of Resol. Conf. 9.24, Annex 4.

South Africa ............... Adopted.

Protea odorata (Ground-rose or Swartland

sugarbush).

Transfer from Appendix I to Appendix II, in

accordance with precautionary measure

B.2.b of Resol. Conf. 9.24, Annex 4.

South Africa ............... Adopted.

Ranunculaceae: Hydrastis canadensis

(Goldenseal).

Include in Appendix II, along with only the following parts: ‘‘Roots, rhizomes or

rootstocks, and specimens recognizable as

being parts thereof’’.

United States ............. Adopted as amended.8

Scrophulariaceae: Picrorhiza kurrooa (Kutki) ... Include in Appendix II, along with only the following parts: ‘‘Roots and readily recognizable parts thereof’’.India ........................... Adopted.

Theaceae: Camellia chrysantha, which is Camellia petelotii in part (Golden-flowered camellia).Delete from Appendix II .................................. China .......................... Adopted.

Valerianaceae: Nardostachys grandiflora

(=Nardostachys jatamansi misapplied) (Himalayan nard or spikenard).

Include in Appendix II, along with only the following parts: ‘‘Whole and sliced roots and

parts of roots, excluding manufactured,

processed products such as powders, extracts, pills, tonics, teas and confectionary’’.

India ........................... Adopted as amended.8

PLANTS—ARTIFICIAL PROPAGATION

Families other than Orchidaceae (Orchids) ...... Amend the listings of most 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’’.

Switzerland ................. Adopted.

Cactaceae spp. (Cacti): (1) Hybrid Easter cactus; (2) Crab cactus, Christmas cactus; (3)

Red cap cactus, Oriental moon cactus; and

(4) Bunny ears cactus.

Amend the Appendix II listing for this family

(cf. current annotation #4), to exclude 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.

Denmark ..................... Adopted as amended.8, 10

Euphorbiaceae: Succulent Euphorbia spp.

(Succulent euphorbs): Three-ribbed milk tree.

Amend the Appendix II listing of succulent

Euphorbia spp., with an annotation to exclude artificially propagated specimens of

Euphorbia trigona cultivars.

Denmark ..................... Adopted.
44632 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules

Species Proposed amendment Proponent Decision of the parties

Primulaceae: Cyclamen spp. (Cyclamens):

Florist’s cyclamen.

Amend the Appendix II listing of Cyclamen

spp., with an annotation to exclude artificially propagated specimens of the

cultivars of Cyclamen persicum, except

when traded as dormant tubers.

Denmark ..................... Adopted as amended.8, 10

1Originally 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.) 2Originally 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.) 3Originally 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.) 4Transfer 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 ‘‘VICUN ̃ A-ARGENTINA.’’ 5Transfer 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 ‘‘VICUN ̃ A-BOLIVIA.’’ Amended

to establish an initial export quota of zero. 6Amended 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. 8The 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. 9The 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. 10The 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
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 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 vicun ̃ a, 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) preConvention 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
44634 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules

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 § 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]

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