14200 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 13, 17, and 23 

[Docket No. FWS–R9–IA–2010–0083; 96300– 

1671–0000–R4] 

RIN 1018–AW82 

Revision of Regulations Implementing 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES); Updates Following 

the Fifteenth Meeting of the 

Conference of the Parties to CITES 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the Fish and Wildlife 

Service (FWS or Service), propose to 

revise the regulations that implement 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES or Treaty or 

Convention) by incorporating certain 

provisions adopted at the fourteenth 

and fifteenth meetings of the Conference 

of the Parties (CoP14 and CoP15) to 

CITES and clarifying and updating 

certain other provisions. These changes 

would bring U.S. regulations in line 

with revisions adopted at the most 

recent meetings of the Conference of the 

Parties, which took place in June 2007 

(CoP14) and March 2010 (CoP15). The 

revised regulations would help us more 

effectively promote species 

conservation, help us continue to fulfill 

our responsibilities under the Treaty, 

and help those affected by CITES to 

understand how to conduct lawful 

international trade. 

DATES: General Comments: In preparing 

the final decision on this proposed rule, 

we will consider comments received or 

postmarked on or before May 7, 2012. 

Comments on the Information 

Collection Aspects of this Proposal: 

Comments on the information collection 

aspects of this proposed rule will be 

considered if received by May 7, 2012. 

ADDRESSES: General Comments: You 

may submit comments by one of the 

following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Keyword 

box, enter Docket No. FWS–R9–IA– 

2010–0083, which is the docket number 

for this rulemaking. Then, in the Search 

panel on the left side of the screen, 

under the Document Type heading, 

click on the Proposed Rules link to 

locate this document. You may submit 

a comment by clicking on ‘‘Send a 

Comment or Submission.’’ 

• By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R9–IA–2010– 

0083; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will not accept email or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section at the end of 

SUPPLEMENTARY INFORMATION for further 

information about submitting 

comments). 

Comments on the Information 

Collection Aspects of this Proposal: 

Send comments specific to the 

information collection aspects of this 

proposed rule to the Desk Officer for the 

Department of the Interior at OMB– 

OIRA at (202) 395–5806 (fax) or 

OIRA_DOCKET@OMB.eop.gov (email). 

Please provide a copy of your comments 

to the Service Information Collection 

Clearance Officer, Fish and Wildlife 

Service, MS 222–ARLSQ, 4401 N. 

Fairfax Drive, Arlington, VA 22203 

(mail) or infocol@fws.gov (email). Please 

identify comments with 1018–AW82. 

FOR FURTHER INFORMATION CONTACT: 

Robert R. Gabel, Chief, Division of 

Management Authority; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 212; Arlington, VA 22203 

(telephone, (703) 358–2093; fax, (703) 

358–2280). 

SUPPLEMENTARY INFORMATION: 

Background 

CITES was negotiated in 1973 in 

Washington, DC, at a conference 

attended by delegations from 80 

countries. The United States ratified the 

Treaty on September 13, 1973, and it 

entered into force on July 1, 1975, after 

it had been ratified by 10 countries. 

Currently 175 countries have ratified, 

accepted, approved, or acceded to 

CITES; these countries are known as 

Parties. 

Section 8A of the Endangered Species 

Act, as amended in 1982 (16 U.S.C. 

1531 et seq.) (ESA), designates the 

Secretary of the Interior as the U.S. 

Management Authority and U.S. 

Scientific Authority for CITES. These 

authorities have been delegated to the 

Fish and Wildlife Service. The original 

U.S. regulations implementing CITES 

took effect on May 23, 1977 (42 FR 

10462, February 22, 1977), after the first 

meeting of the Conference of the Parties 

(CoP) was held. The CoP meets every 2 

to 3 years to vote on proposed 

resolutions and decisions that interpret 

and implement the text of the Treaty 

and on amendments to the lists of 

species in the CITES Appendices. The 

current U.S. CITES regulations (72 FR 

48402, August 23, 2007) contain 

provisions from applicable resolutions 

and decisions adopted at meetings of 

the Conference of the Parties up to and 

including the thirteenth meeting 

(CoP13), which took place in 2004. In 

2008, through a direct final rule, we 

incorporated certain provisions adopted 

at CoP14 regarding international trade 

in sturgeon caviar (73 FR 40983, July 17, 

2008). 

Proposed Change to 50 CFR Part 13 

Scope of regulations (§ 13.3): When 

we published our current regulations in 

2007, we changed the title of 50 CFR 

part 23. We propose to update the title 

of 50 CFR part 23 given in § 13.3 to 

reflect this change. 

Application procedures (§ 13.11): We 

propose to amend the table at 

§ 13.11(d)(4) to include an application 

to renew the registration of a 

commercial operation breeding 

Appendix-I wildlife. See the discussion 

under § 23.46 in the preamble. We also 

propose to revise § 13.11(b)(3) by 

updating the address for the Division of 

Management Authority and adding the 

address for the Service’s permits Web 

page. 

General information requirements for 

permit applications (§ 13.12): We 

propose to update the introductory text 

of paragraph (b) to clarify that 

applicants should refer to 50 CFR part 

23 for CITES permit application 

requirements. We also propose to 

remove from the table at § 13.12(b) the 

entry for American alligator buyer or 

tanner permits, because we no longer 

issue or require such permits. 

Proposed Changes to 50 CFR Part 17 

Following publication of our current 

CITES-implementing regulations in 

August 2007, we became aware that 50 

CFR part 17 contains some outdated 

cross references. Sections 17.62 and 

17.72 include references to the previous 

version of the CITES regulations, and 

the List of Endangered and Threatened 

Wildlife in 50 CFR 17.11(h) contains 

references to a special rule that no 

longer exists for threatened caiman. 

When we updated our CITES 

regulations in 2007, we also amended 

and consolidated the special rules for 

threatened crocodilians contained in 50 

CFR 17.42. As part of that process, we 

incorporated the special rule for 

threatened caiman into the special rule 

for threatened crocodilians, but that 

change was not reflected in § 17.11. We 

propose to update references in part 17 

so that they correspond correctly with 

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Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 14201 

the current regulations in 50 CFR part 

23 and the special rules in 50 CFR 

17.42. 

Some of the special rules in 50 CFR 

part 17 contain elements that are 

outdated or contain CITES requirements 

that are more appropriate for inclusion 

in 50 CFR part 23. Most of the special 

rules that pertain to CITES-listed 

species were written before the 

publication of our 2007 CITES 

regulations. Some of the rules include 

detailed CITES requirements because 

those requirements were not contained 

in 50 CFR part 23 prior to 2007. We 

propose to remove specific CITES 

requirements from the special rules in 

50 CFR part 17 and, if they are not there 

already, insert them into our CITES 

regulations in 50 CFR part 23. These 

proposed changes, with a few 

exceptions noted below, do not alter the 

requirements of the special rules 

because the requirements added to or 

already contained in 50 CFR part 23 are 

functionally the same as those currently 

contained in the special rules. Under 

the special rules, specimens may only 

be imported into the United States if the 

requirements in 50 CFR part 23 have 

been met. 

The special rules for vicun ̃ a (50 CFR 

17.40(m)) and beluga sturgeon (50 CFR 

17.44(y)) include information regarding 

CITES requirements for trade in 

personal and household effects that is 

now fully contained in 50 CFR 23.15. To 

reduce redundancy and improve the 

accuracy and clarity of our regulations, 

we propose to remove the detailed 

information on personal and household 

effects from 50 CFR 17.40(m) and 50 

CFR 17.44(y) and refer the readers of 

those paragraphs to the CITES 

regulations in 50 CFR part 23. In the 

special rule for beluga sturgeon, the text 

regarding personal and household 

effects contains the quantity of beluga 

sturgeon caviar (250 grams) that 

qualifies as a personal or household 

effect. When the special rule was 

written, 250 grams was the quantity of 

sturgeon caviar that CITES Parties had 

agreed could be traded under the 

personal or household effects 

exemption. Since then, the CITES 

Parties have reduced the quantity of 

sturgeon caviar that qualifies as a 

personal or household effect from 250 

grams to 125 grams. We have revised 

our CITES regulations accordingly (see 

50 CFR 23.15 and 73 FR 40983, July 17, 

2008). By removing the provisions on 

personal and household effects and 

directing readers of the special rule to 

the requirements in 50 CFR part 23, as 

proposed here, we would effectively 

bring the beluga sturgeon special rule in 

line with current CITES requirements. 

We believe this reduction in the 

quantity of beluga sturgeon caviar that 

can be transported as a personal or 

household effect is necessary and 

advisable for the conservation of the 

species. 

The special rules for African elephant 

(50 CFR 17.40(e)) and vicun ̃ a (50 CFR 

17.40(m)) contain CITES requirements 

for marking of specimens in 

international trade. We believe it is 

more appropriate to include these 

marking requirements in our CITES 

regulations in 50 CFR part 23. 

Therefore, we propose to remove the 

trophy-marking requirements, including 

the definition of ‘‘lip mark area,’’ from 

the African elephant special rule in 50 

CFR 17.40(e) and insert them into 50 

CFR 23.74, which covers international 

trade in personal sport-hunted trophies. 

At CoP15, the Parties adopted a change 

to the accepted methods for marking of 

elephant ivory to allow the use of new 

technologies for permanent marking, 

including the use of lasers. We propose 

to incorporate this change into 50 CFR 

23.74 and clarify the marking 

requirements for elephant ivory 

consistent with Resolution Conf. 10.10 

(Rev. CoP15). (See the discussion in the 

preamble for § 23.74.) We supported the 

change to the marking requirements at 

CoP15 and believe these updates are 

necessary and advisable for the 

conservation of the species. Under the 

special rule, African elephant trophies 

may only be imported into the United 

States if the requirements (including 

marking requirements) in 50 CFR part 

23 have been met. 

Likewise, we propose to remove from 

the vicun ̃ a special rule in 50 CFR 

17.40(m) the specific requirements for 

labeling cloth made from vicun ̃ a wool 

and products made from such cloth, 

since these are CITES marking 

requirements, and insert them into a 

new section in 50 CFR part 23. The 

labeling requirements in the special rule 

were drawn from the annotations to the 

CITES Appendix-II listings for vicun ̃ a 

(see 67 FR 37695, May 30, 2002) that 

were in place at the time the special rule 

was written. Since publication of the 

special rule in 2002, the annotations 

have been amended by the CITES 

Parties, most recently at CoP14. We 

supported the changes adopted at CoP14 

and propose to update our labeling 

requirements to bring them in line with 

the CITES requirements contained in 

the current Appendix-II listing 

annotations for vicun ̃ a. These changes 

will facilitate effective enforcement of 

conservation measures put in place by 

the range countries and are therefore 

necessary and advisable for the 

conservation of the species. We will 

retain the marking requirements in the 

special rule for shipments of wool 

(referred to as fiber in the current text 

of § 17.40(m)) sheared from live vicun ̃ a 

because marking of raw wool is not 

required under CITES. The current text 

of § 17.40(m) refers to ‘‘raw fiber’’ to 

describe shipments of raw vicun ̃ a wool. 

We propose to amend this language by 

using the term ‘‘raw wool’’ instead of 

‘‘raw fiber’’ to more accurately 

characterize the specimens in trade. 

In addition, we propose to remove 

text from the vicun ̃ a special rule that 

addresses the need for the exporting 

countries to have designated a 

Management Authority and a Scientific 

Authority because this requirement is 

now contained in 50 CFR 23.26. These 

proposed changes will not alter the 

requirements of the special rule because 

the requirements contained in 50 CFR 

part 23 are functionally the same as 

those currently contained in the special 

rule. 

We propose to further update the 

vicun ̃ a special rule by clarifying that the 

exemption under § 17.40(m) applies 

only to wool sheared from live animals 

and to cloth and other products made 

from such wool. We also propose minor 

edits for clarity and uniformity with 

other special rules. 

We propose to update the address for 

the Division of Management Authority 

given in 50 CFR 17.9, 50 CFR 17.21, and 

50 CFR 17.44(y), and for the Office of 

Law Enforcement in 50 CFR 17.40(b) 

and (h). We propose to clarify in 

§ 17.40(b) who is responsible for 

reporting take of grizzly bears. We also 

propose to insert the scientific name for 

leopard into the special rule in 50 CFR 

17.40(f). 

We propose to delete Appendix A to 

50 CFR Chapter I and the reference to 

Appendix A in 50 CFR 17.40(e). 

Appendix A contains an outdated list of 

two-letter country codes established by 

the International Organization for 

Standardization (ISO). The Appendix 

was added when the African elephant 

special rule (§ 17.40(e)) was revised in 

1982 (47 FR 31384, July 20, 1982) 

because the country of origin, indicated 

by the ISO country code, is part of the 

information that must be included in an 

ivory mark. An up-to-date list of ISO 

country codes is now available on both 

the ISO and CITES Secretariat’s Web 

sites, and we therefore believe it is 

unnecessary to retain the list in 

Appendix A. 

Proposed Changes to 50 CFR Part 23 

Deciding if the regulations apply to 

your proposed activity (§ 23.2): We 

propose to add a paragraph to the table 

in § 23.2 to clarify that if a CITES 

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14202 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 

specimen you possess or want to enter 

into intrastate or interstate commerce is 

subject to restrictions on its use after 

import then the regulations in part 23 

apply. We also propose to update the 

table in § 23.2 to reflect changes 

proposed for § 23.92. See the discussion 

in the preamble regarding proposed 

changes to § 23.92 on exempt wildlife 

and plants. 

Definitions (§ 23.5): Whenever 

possible we define terms using the 

wording of the Treaty and the 

resolutions. 

Definitions of ‘‘bred for 

noncommercial purposes’’ and 

‘‘cooperative conservation program’’: 

Article VII, paragraph 4, of the Treaty 

states that specimens of Appendix-I 

wildlife species bred in captivity for 

commercial purposes shall be deemed 

to be specimens of species included in 

Appendix II. Such specimens can 

therefore be traded without the need for 

an import permit (see §§ 23.18 and 

23.46). It also provides in Article VII, 

paragraph 5, that specimens that are 

bred in captivity may be traded under 

an exemption certificate (see §§ 23.18 

and 23.41). Although the Treaty does 

not use the term ‘‘bred for 

noncommercial purposes’’ in Article 

VII(5), the Parties have agreed to use 

this term as the intended meaning of 

paragraph 5 because Article VII(4) 

addresses specimens bred for 

commercial purposes. 

Our current regulations contain 

definitions of ‘‘bred for noncommercial 

purposes’’ and ‘‘cooperative 

conservation program.’’ These terms 

were defined based on the interpretation 

of Article VII, paragraph 5, adopted at 

CoP11 in Resolution Conf. 11.14 and 

subsequently (until CoP14) contained in 

Resolution Conf. 12.10. Our current 

definition of ‘‘bred for noncommercial 

purposes’’ specifies that a specimen 

only qualifies to be treated as bred for 

noncommercial purposes, and therefore 

eligible for an exemption certificate, if 

every donation, exchange, or loan of the 

specimen is between facilities that are 

involved in a cooperative conservation 

program. At CoP14, the Parties removed 

the definition of ‘‘bred for 

noncommercial purposes’’ from 

Resolution Conf. 12.10 (including the 

reference to cooperative conservation 

programs) because it was considered to 

be outside the scope of the resolution, 

which addresses the procedure for 

registering and monitoring operations 

that breed Appendix-I animal species 

for commercial purposes. The deletion 

of this paragraph from the resolution 

leaves it to the Parties to adopt their 

own interpretation of Article VII, 

paragraph 5. 

The changes adopted at CoP14, and 

our experiences since publication of our 

current regulations, have led us to 

reconsider our definition of ‘‘bred for 

noncommercial purposes.’’ We propose 

to amend our definition of ‘‘bred for 

noncommercial purposes’’ by removing 

the requirement that the trade be 

conducted between facilities that are 

involved in a cooperative conservation 

program and, consequently, remove 

from our regulations the definition of 

‘‘cooperative conservation program’’ 

consistent with recent amendments to 

CITES resolutions. We are aware that it 

is not always feasible for a breeding 

operation to participate in or support a 

recovery activity in cooperation with a 

range country, as required under our 

current definition of ‘‘bred for 

noncommercial purposes.’’ The change 

proposed would allow an Appendix-I 

specimen that was bred in captivity to 

be traded under a CITES exemption 

certificate where each donation, 

exchange, or loan of the specimen is 

noncommercial (e.g., noncommercial 

breeding by hobbyists), including 

situations where the donation, 

exchange, or loan is not between two 

facilities that are participating in a 

cooperative conservation program. Our 

proposed amendment to the definition 

is consistent with the current CITES 

resolutions. See also the discussion in 

the preamble for § 23.18. 

Coral definitions: We propose to 

amend our definitions of ‘‘coral (dead),’’ 

‘‘coral fragments,’’ ‘‘coral (live),’’ and 

‘‘coral sand’’ in § 23.5 by adding text 

contained in the coral definitions in the 

Annex to Resolution Conf. 11.10 (Rev. 

CoP15) regarding the level to which 

certain coral specimens are identifiable. 

This clarifying information was 

inadvertently omitted from the 

definitions of these terms in our current 

regulations. In addition, we propose to 

add a definition of ‘‘coral (stony)’’ 

consistent with Resolution Conf. 11.10 

(Rev. CoP15), to clarify that the coral 

definitions in § 23.5 apply to stony 

corals in the orders Helioporacea, 

Scleractinia, Stolonifera, Milleporina, 

and Stylasterina. Due to problems we 

have encountered in the 

implementation of the requirements for 

trade in stony corals, we propose to 

further revise the definitions of ‘‘coral 

fragments’’ and ‘‘coral sand’’ to clarify 

the size of a specimen that meets the 

definition of a ‘‘coral fragment’’ or 

‘‘coral sand’’ and may therefore be 

considered exempt from the provisions 

of CITES. The same clarification 

regarding ‘‘coral fragments’’ was 

adopted by the Parties at CoP15. To be 

consistent, we also propose to clarify 

the size of a specimen that meets the 

definition of ‘‘coral rock.’’ 

Definition of ‘‘cultivar’’: Prior to 

CoP15, the CITES Parties had not 

defined ‘‘cultivar,’’ a term that is used 

in the CITES Appendices and 

resolutions. We defined the term in our 

current regulations based on 

horticultural and common dictionary 

definitions. At CoP15, the CITES Parties 

adopted a definition of ‘‘cultivar’’ in 

Resolution Conf. 11.11 (Rev. CoP15), 

which is taken from the eighth edition 

of the International Code of 

Nomenclature for Cultivated Plants 

(Brickell, C.D., Alexander, C., David, 

J.C., Hetterscheid, W.L.A., Leslie, A.C., 

Malecot, V. & Xiaobai Jin (eds.) (2009)). 

We propose to amend the definition of 

‘‘cultivar’’ in § 23.5 to more closely 

match the definition adopted by the 

Parties at CoP15. 

Definition of ‘‘introduction from the 

sea’’: We propose to amend the 

definition of this term by adding a 

clarification of the phrase ‘‘marine 

environment not under the jurisdiction 

of any country.’’ The definition of 

‘‘introduction from the sea’’ in Article I, 

paragraph (e), of the Treaty contains the 

phrase ‘‘marine environment not under 

the jurisdiction of any State.’’ At CoP14, 

the Parties agreed to a definition of this 

phrase, in Resolution Conf. 14.6, which 

we propose to incorporate into our 

regulations. CITES Parties typically use 

the word ‘‘State’’ to mean country. In 

our regulations, we use the word 

‘‘country’’ and so have chosen to use the 

word ‘‘country’’ in place of ‘‘State’’ in 

our definition of introduction from the 

sea. The CITES Parties continue to work 

toward achieving a common 

understanding of the practical 

application of CITES provisions for 

introduction from the sea. At CoP15, the 

Parties agreed that operation of the 

Standing Committee’s working group on 

introduction from the sea should be 

extended. In the meantime, our current 

regulations specify when introductionfrom-the-sea provisions apply and what 

CITES documents are needed for this 

type of international trade. 

Definition of ‘‘ranched wildlife’’: At 

CoP14, the Animals and Plants 

Committees were tasked with 

determining species for which CITES 

source code ‘‘R’’ (for ‘‘specimens 

originating from a ranching operation’’) 

has been used, surveying countries that 

have been applying source code ‘‘R’’ to 

species other than crocodilians 

transferred from Appendix I to 

Appendix II pursuant to ranching, and, 

if necessary, proposing a revised 

definition of source code ‘‘R’’ for 

consideration at CoP15. The United 

States participated in a working group 

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established to undertake these activities. 

The group was directed, among other 

things, to consider the definition of 

‘‘ranching’’ and the use of source code 

‘‘R.’’ At CoP15, the Parties adopted a 

revised definition of source code ‘‘R’’ 

based on the recommendations of the 

working group. We propose to 

incorporate the new definition of source 

code ‘‘R’’ into § 23.5, consistent with the 

change to Resolution Conf. 12.3 (Rev. 

CoP15) adopted at CoP15. 

Contact information for U.S. CITES 

Authorities (§ 23.7): The Management 

Authority and Scientific Authority 

offices have moved since our current 

regulations were published. We propose 

to update the addresses for these offices. 

Information collection (§ 23.8): We 

propose minor edits to this section to 

incorporate changes, since our 

regulations were last updated, to the 

OMB Control Numbers assigned to the 

information collections associated with 

50 CFR part 23. 

Prohibitions (§ 23.13): We propose to 

add text to clarify that violation of any 

of the provisions of 50 CFR part 23, 

including use of CITES specimens 

imported into the United States contrary 

to what is allowed under § 23.55, is 

unlawful. 

Documents for the export of 

Appendix-I wildlife and plants (§§ 23.18 

and 23.19): Sections 23.18 and 23.19 

contain decision trees to help readers 

determine what type of CITES 

document is needed for export of an 

Appendix-I specimen and where in the 

regulations they can find information 

regarding the different types of 

documents. We propose to amend the 

titles of the decision trees in §§ 23.18 

and 23.19 to more accurately reflect 

their purpose. In addition, we have 

reevaluated our requirements for export 

of Appendix-I wildlife and we propose 

to amend the decision tree in § 23.18 

accordingly. 

Article VII, paragraph 4, of the Treaty 

states that specimens of Appendix-I 

wildlife species bred in captivity for 

commercial purposes shall be deemed 

to be specimens of species included in 

Appendix II. Such specimens can 

therefore be traded without the need for 

an import permit. Our current 

regulations require commercial breeders 

of Appendix-I wildlife to be registered 

with the CITES Secretariat in order to 

export Appendix-I specimens, 

regardless of the purpose of the import. 

The decision tree asks, at several points, 

whether the export of the specimen is 

for noncommercial purposes. However, 

because of the way the decision tree is 

structured, export of specimens bred in 

captivity (according to CITES criteria) at 

commercial operations that are not 

registered with the CITES Secretariat is 

prohibited, even in small numbers when 

the intended use of the specimens in the 

importing country is noncommercial. 

Based on our experience since 

publication of our regulations in 2007, 

we have concluded that this 

interpretation is overly restrictive. The 

exemptions contained in Article VII 

allow alternatives to the procedures 

contained in Articles III, IV, and V for 

trade in CITES-listed species when 

certain criteria are met. However, if an 

Appendix-I specimen does not qualify 

for an exemption under Article VII, it 

should not, solely on that basis, also be 

deemed ineligible for a permit or 

certificate under Article III. We propose 

to amend the decision tree in § 23.18 by 

eliminating the boxes that ask if the 

export is for noncommercial purposes, 

which will eliminate the requirement 

that commercial operations breeding 

Appendix-I species must be registered 

with the Secretariat to export specimens 

under any circumstances. We believe 

this change reflects the appropriate 

implementation of Articles III and VII. 

We note, however, that we will continue 

to scrutinize this trade very carefully 

and will exercise our right and 

responsibility under the Treaty to verify 

whether the Management Authority of 

the importing country has made the 

appropriate determination of whether 

an import is not for primarily 

commercial purposes. See also the 

discussion in the preamble for § 23.5 

regarding proposed changes to the 

definition of ‘‘bred for noncommercial 

purposes.’’ 

Information required on CITES 

documents (§ 23.23): This section 

details information that must be 

included on CITES documents. We 

propose to amend the first sentence of 

§ 23.23(b), where our regulations 

currently indicate that a CITES 

document must be ‘‘printed,’’ to reflect 

agreement by the Parties at CoP15 that 

CITES documents may be issued in an 

electronic format. While the Parties 

agreed that it was possible to issue 

CITES documents electronically, they 

also recognized that there is no 

obligation on Parties to do so. Unless 

there is specific agreement by all Parties 

involved that electronic documents are 

acceptable, Parties issuing electronic 

documents must also issue them in 

paper format. Although the United 

States is not in a position to issue or 

accept electronic permits at this time, 

we are aware that other Parties have 

begun to implement such a system and 

therefore propose this minor 

amendment to § 23.23(b). 

We currently require that CITES 

export and re-export documents for live 

wildlife contain a specific condition 

that the document is only valid if the 

transport complies with certain 

humane-transport standards. The CITES 

Guidelines for transport and 

preparation for shipment of live wild 

animals and plants (CITES Guidelines) 

and the International Air Transport 

Association (IATA) Live Animals 

Regulations are incorporated by 

reference into our regulations at 

§ 23.23(c)(7). The CITES Guidelines 

have not been updated since 1981. At 

CoP14, recognizing that IATA 

regulations are amended annually and 

are therefore more responsive to 

changing needs, and that it is important 

to provide humane transport conditions 

for plants as well as wildlife, the Parties 

agreed to promote the full and effective 

use of IATA’s Live Animals Regulations 

(for animals) and Perishable Cargo 

Regulations (for plants) as the standards 

for the preparation and transport of live 

specimens. Therefore, we propose to 

remove reference to the CITES 

Guidelines and to incorporate by 

reference the 10th edition of the IATA 

Perishable Cargo Regulations as the 

standard for the transport of CITESlisted plants. We propose to further 

update our regulations by incorporating 

by reference the 37th edition of the 

IATA Live Animals Regulations to 

replace the 33rd edition that is 

incorporated by reference in our current 

regulations. 

We propose to add language in 

§ 23.23(c) and (e) to clarify that, for 

products containing more than one 

CITES species, the CITES document 

must include specific information 

(Appendix, scientific name, quantity, 

source code) for each species. See the 

discussion in the preamble for § 23.71. 

We also propose to amend § 23.23(c)(16) 

to allow the use of official signature 

stamps on CITES documents, in 

recognition of this global practice. 

Under most circumstances, specimens 

must be identified on CITES documents 

using the scientific name of the species 

to which they belong. The Parties have 

agreed to a few specific exceptions to 

this requirement, which are detailed in 

Resolution Conf. 12.3 (Rev. CoP15). 

Recognizing the difficulties associated 

with identification of worked specimens 

of certain corals in trade, at CoP15 the 

Parties amended Resolution Conf. 12.3 

(Rev. CoP15) to allow the use of highertaxon names for worked specimens of 

black coral (Antipatharia). The Parties 

agreed that worked specimens of black 

coral may be identified at the genus 

level where the species cannot be 

readily determined, and where the 

genus cannot be readily determined the 

specimens may be identified using the 

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scientific name of the order 

Antipatharia. We propose to revise 

§ 23.23(c)(13)(i) to allow the use of 

higher-taxon names for worked 

specimens of black coral consistent with 

the changes adopted at CoP15. We will 

continue to require that raw black coral 

and live black coral be identified at the 

species level. 

At CoP14, the Parties agreed to a new 

quota-setting process for caviar from 

shared stocks, including a change in the 

quota year so that it would coincide 

with the harvest season rather than the 

calendar year. From 2008 onward, the 

quota year for caviar from shared stocks 

begins on the first of March and ends on 

the last day of February of the following 

year. We updated § 23.71 accordingly 

(see 73 FR 40983, July 17, 2008) and 

now propose to revise the language in 

§ 23.23(e)(5)(i) by removing the word 

‘‘calendar’’ to accommodate situations 

in which quotas are set for a 12-month 

period other than a calendar year. 

Source codes (§ 23.24): Our current 

regulations in § 23.24 indicate that the 

source code ‘‘O’’, for pre-Convention 

specimens, must be used in conjunction 

with another source code. This 

requirement has caused problems at our 

ports of entry because it is not entirely 

consistent with the language in 

Resolution Conf. 12.3 (Rev. CoP15), 

which states that the pre-Convention 

source code ‘‘may’’ be used in 

conjunction with another source code. 

We propose to revise § 23.24 so that it 

is more closely aligned with Resolution 

Conf. 12.3 (Rev. CoP15). 

We propose to revise the text for 

source code ‘‘R’’ (ranched wildlife) to 

point readers to § 23.5, where we have 

proposed to insert the definition of 

‘‘ranched wildlife’’ adopted by the 

Parties at CoP15 in Resolution Conf. 

12.3 (Rev. CoP15) (see discussion in the 

preamble for § 23.5). 

In § 23.24(d), we propose to add a 

reference to the definition of ‘‘captivebred wildlife’’ in § 23.5 to clarify that 

such specimens must meet the 

definition in that section. In addition, 

we propose to remove § 23.24(d)(2)(iii), 

which refers to cooperative conservation 

programs, to reflect the changes we have 

proposed to the definition of ‘‘bred for 

noncommercial purposes.’’ See the 

preamble discussion regarding the 

definition of ‘‘bred for noncommercial 

purposes’’ in § 23.5. 

Validity of CITES documents 

(§ 23.26): We propose to add three 

additional circumstances in § 23.26(d) 

for which we may request verification of 

a CITES document. When the CITES 

Secretariat receives information about a 

quota for publication, there may be 

technical problems or questions about 

technical or administrative aspects of 

the quota that need clarification. Under 

guidelines contained in Resolution 

Conf. 14.7 (Rev. CoP15), if the 

Secretariat is unable to resolve these 

issues with the Party concerned, the 

Secretariat is directed to publish the 

quota with an annotation to indicate its 

concerns. We wish to notify the public 

that we may request verification of a 

CITES document if it is issued for a 

species with an annotated quota that 

raises concerns about the validity of the 

shipment. We may also request 

verification of a CITES document for a 

shipment of captive-bred Appendix-I 

wildlife when the specimens did not 

originate from a breeding operation that 

is registered with the CITES Secretariat 

and we have reason to believe the 

import is for commercial purposes. In 

addition, if we receive a CITES export 

document on which the actual quantity 

exported has not been validated or 

certified at the time of export we may 

request verification of the document. 

We have proposed to update the 

documents incorporated by reference 

into our regulations at § 23.23(c)(7) that 

provide guidance on humane transport 

of live specimens. (See the preamble 

discussion for § 23.23.) We propose to 

update the entry on humane transport in 

the table at § 23.26 to reflect these 

changes. 

Presentation of documents at the port 

(§ 23.27): We propose to add text from 

the Treaty to this section to highlight 

the requirement for Management 

Authorities to cancel and retain original 

CITES documents upon import. We also 

propose to clarify that authorized 

inspecting officials for imports into the 

United States of CITES-listed plants are 

responsible for the cancellation and 

collection of original documents for 

submission to the U.S. Management 

Authority. FWS Law Enforcement 

collects and makes available to the U.S. 

Management Authority original CITES 

documents accompanying wildlife 

shipments entering the United States. 

Original CITES documents 

accompanying imports of CITES-listed 

plant specimens are collected by U.S. 

Customs and Border Protection (CBP) 

and the U.S. Department of Agriculture, 

Animal and Plant Health Inspection 

Service (APHIS), for submission to the 

U.S. Management Authority. Documents 

are maintained in accordance with the 

FWS Records Disposition Schedule. 

Records for ranched specimens and 

for plants grown from exempt plant 

material (§ 23.34): The table at § 23.34 

provides information on the types of 

records an individual may provide to 

show the origin of a specimen when 

applying for a U.S. CITES document. 

We are proposing a minor revision to 

the entry in the table for ‘‘exempt plant 

material’’ to make it clear that we are 

referring to plants grown from exempt 

plant material and not the exempt 

material itself, which does not require a 

CITES document. 

Prior to CoP15, we considered any 

specimen that had been removed from 

the wild at an early age and raised in 

captivity to be wild-caught, and as a 

result, we used the source code ‘‘W’’ 

when issuing CITES documents for 

these specimens. With this proposed 

rule, however, we intend to incorporate 

into our regulations the definition of 

‘‘ranched specimen’’ adopted at CoP15 

(see the preamble discussions for 

§§ 23.5 and 23.24). Many of the 

specimens we previously considered 

‘‘wild’’ will qualify as ‘‘ranched’’ under 

the new definition. We propose to add 

an entry to the table in § 23.34 

describing the types of records an 

applicant may want to provide to 

demonstrate that his or her specimens 

qualify for issuance of a CITES 

document with source code ‘‘R’’ 

(ranched wildlife). 

Trade in Appendix-I plant hybrids 

(§§ 23.19, 23.23, 23.40, 23.42, 23.47, and 

23.92): We propose to add crossreferences in §§ 23.40 and 23.47 to 

clarify the required use of different 

types of CITES documents and different 

source codes for hybrids of AppendixI plant species or taxa depending on 

whether the Appendix-I listings are 

annotated to treat hybrids as AppendixI specimens. We also propose to amend 

text in §§ 23.19, 23.23, 23.40, 23.42, and 

23.92 that refers to certain Appendix-I 

plant listings as ‘‘not annotated to 

include hybrids’’ so that it instead refers 

to these listings as ‘‘not annotated to 

treat hybrids as Appendix-I specimens.’’ 

These revisions do not change the 

meaning or the intent of these sections, 

but more accurately describe CITES 

provisions regarding annotations and 

Appendix-I plant hybrids. 

Applications for export permits 

(§§ 23.36, 23.41, 23.69, 23.70, and 

23.71): Over the years, to facilitate the 

application process, we have developed 

applications for CITES documents that 

are tailored to specific activities. Since 

our regulations were last updated, we 

have created two new application forms: 

One for the export of sturgeon and 

sturgeon products from aquaculture 

facilities; and another for establishment 

of a master file for the export of live 

animals that qualify as bred-in-captivity. 

The Office of Management and Budget 

(OMB) approved the collection of 

information associated with these 

application forms under OMB Control 

Number 1018–0093, which expires 

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February 28, 2014. We propose to add 

references to the new applications in the 

relevant sections of the regulations 

(§§ 23.41 and 23.71). We also propose to 

add these new applications to the table 

in § 23.36, which lists the types of 

applications (and the FWS form 

numbers) for export permits. In 

addition, we propose to update the 

entry in the table for the application to 

export trophies, to make clear that it can 

be used by both hunters and 

taxidermists. We have made some 

changes to the application procedures 

for export of products made from 

crocodilian skins or fur skins. We 

propose to update §§ 23.69 and 23.70 to 

reflect these changes. 

Seeds and spores (§§ 23.40 and 

23.64): At CoP15, the CITES Parties 

amended Resolution Conf. 11.11 (Rev. 

CoP15) so that all references to the term 

‘‘seeds’’ also refer to ‘‘spores,’’ since 

seeds and spores are treated the same 

way under CITES. We propose to make 

a corresponding change to subparagraph 

(e)(1) in § 23.40 and to subparagraph 

(g)(4)(ii) in § 23.64, to refer to ‘‘seeds or 

spores,’’ consistent with Resolution 

Conf. 11.11 (Rev. CoP15). 

Wildlife hybrids (§ 23.43): Section 

23.43 allows for an exemption from 

CITES document requirements for 

hybrid wildlife specimens that meet 

specific criteria. We propose to clarify 

that an individual who is unable to 

clearly demonstrate that his or her 

wildlife specimen meets the criteria for 

an exempt hybrid must obtain a CITES 

document. Since 2007, when our 

current regulations were published, we 

have experienced problems at our ports 

with individuals claiming the 

exemption for hybrids without 

documentation to clearly demonstrate 

that their specimens meet the criteria. 

We propose to provide examples of the 

types of records an individual may use 

to demonstrate that a particular 

specimen meets the criteria for an 

exempt hybrid. Records used to 

demonstrate that a specimen meets the 

criteria for the exemption must both 

clearly identify the wildlife specimen 

and describe its recent lineage. Many 

pedigrees simply provide names of 

animals in a specimen’s lineage, but fail 

to show the relationship to any CITESlisted animals in its ancestry or any 

other information to clearly show that 

the animal to be traded has no purebred 

CITES species in its previous four 

generations. A certified pedigree that 

can be identified as belonging to the 

specimen to be traded and that contains 

the scientific names of the animals in 

the specimen’s lineage, and therefore 

clearly illustrates its genetic history, 

would show whether or not the 

specimen meets the criteria for an 

exempt wildlife hybrid. Lack of 

adequate documentation does not 

prevent the international movement of a 

hybrid wildlife specimen, but it does 

require the importer or exporter to 

obtain the appropriate CITES document. 

International travel with personally 

owned, live wildlife (§ 23.44): Since 

publication of our current regulations in 

2007, we have become aware of some 

confusion regarding the purpose and 

appropriate use of certificates of 

ownership for personally owned live 

wildlife (also known as a ‘‘pet 

passports’’). We propose to clarify that 

such documents are to be used for 

frequent, short-term travel by an 

individual when accompanied by his or 

her personally owned, live wildlife (e.g., 

for vacations, to attend competitions, or 

for similar purposes of relatively short 

duration) and that this individual is to 

return with the wildlife to his or her 

country of usual residence at the end of 

the trip. Travel of longer duration, 

including an international move, should 

take place under a CITES export or reexport document, not under a certificate 

of ownership. We propose to add text to 

§ 23.44 to specify that, for certificates 

issued by the U.S. Management 

Authority, the owner must return to the 

United States with the animal covered 

by the certificate of ownership before 

the certificate expires, similar to the 

requirements for specimens covered 

under a traveling exhibition certificate 

(see § 23.49). 

Registration of a commercial breeding 

operation for Appendix-I wildlife 

(§ 23.46): Article VII, paragraph 4, of the 

Treaty states that specimens of 

Appendix-I animal species bred in 

captivity for commercial purposes shall 

be deemed to be specimens of species 

included in Appendix II. For such 

specimens, a Management Authority 

may grant an export permit or a reexport certificate without requiring the 

prior issuance of an import permit, thus 

allowing the specimens to be traded 

commercially. However, the species 

remain listed in Appendix I, and 

therefore such specimens are not 

eligible for any exemption limited 

specifically to an Appendix-II species or 

taxon, such as less-restrictive provisions 

for personal and household effects. 

Resolution Conf. 12.10 (Rev. CoP15) 

provides guidelines for registering and 

monitoring operations that breed 

Appendix-I animals for commercial 

purposes. Section 23.46 implements the 

resolution by establishing a procedure 

for operations that breed Appendix-I 

animals for commercial purposes to 

become registered with the CITES 

Secretariat. At CoP15, the Parties 

adopted changes to the registration 

process to address the sometimes 

lengthy delays that can occur when an 

objection is raised regarding an 

application to register a breeding 

facility. Previously, if the concerns of 

the objecting Party could not be 

resolved through consultation with the 

proponent Party, the registration 

application would be decided by a vote 

of the Parties at the next CoP. 

Depending on when the objections were 

raised, up to 3 years could pass before 

a decision was taken. The revisions 

adopted at CoP15 reduce the time frame 

(from 60 to 30 days) for consultations 

between the objecting Party and the 

proponent Party, and if those 

consultations do not resolve the 

objection, the Secretariat will submit the 

registration application to the Standing 

Committee at its next regular meeting, 

which would usually occur within a 

year. We expect that referring disputed 

applications to the Standing Committee 

instead of the CoP will significantly 

reduce potential delays in the 

registration process. We propose to 

revise § 23.46(b) to incorporate changes 

to the registration process adopted at 

CoP15. 

Under Resolution Conf. 12.10 (Rev. 

CoP15), registered commercial breeding 

operations are to be monitored by the 

Management Authority, in collaboration 

with the Scientific Authority, and the 

Management Authority is to advise the 

CITES Secretariat of any major change 

in the nature of an operation or in the 

products it is producing for export. Our 

current regulations include an annual 

reporting requirement to facilitate 

monitoring of registered operations. We 

propose to eliminate the annual 

reporting requirement in § 23.46 and 

establish instead a process for 

registration renewal. The registration 

renewal will be less burdensome for the 

registrants, but will allow us to monitor 

these facilities and identify major 

changes in their operating practices. 

We propose to limit the length of time 

a registration is valid to not more than 

5 years. The proposed criteria for 

renewal are the same as the criteria for 

registration of a new operation. 

However, unlike the process for initially 

registering a commercial breeding 

operation, the renewal process does not 

require us to contact the CITES 

Secretariat or to consult other CITES 

Parties. If necessary, upon renewal or at 

any time we receive significant new 

information on a registered operation, 

we will provide the updated 

information to the CITES Secretariat. 

Replacement documents (§ 23.52): A 

Management Authority may issue a 

replacement CITES document when the 

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original document has been lost, 

damaged, stolen, or accidentally 

destroyed. Section 23.52 contains 

provisions for issuance and acceptance 

of replacement CITES documents. We 

propose to clarify the procedures and 

amend the criteria for issuance and 

acceptance of replacement CITES 

documents in the United States. Since 

the publication of our 2007 CITES 

regulations, we have experienced 

situations in which individuals have 

significantly delayed submission of 

required documents for clearance of a 

shipment while they tried to obtain a 

replacement document without our 

knowledge. In addition, importers or 

their agents have attempted to submit 

‘‘replacement’’ documents when no 

document had ever been issued or when 

the original document was invalid. We 

propose to more closely align the 

criteria for issuance and acceptance of 

replacement CITES documents in the 

United States with those for issuance 

and acceptance of retrospective 

documents found in § 23.53. Proposed 

amendments to the criteria include: 

Requirements that specimens are 

presented to the appropriate official at 

the time of import and that the request 

for a replacement document is made at 

that time; the need for proof of original 

valid documents; and a statement of 

responsibility. 

In the United States, an individual 

may qualify to receive multiple singleuse CITES documents under a master 

file or annual program. We propose to 

clarify that you may not use one of the 

documents issued under a master file or 

annual program as a replacement 

document, but must apply for and 

receive a separate replacement 

document. The amendments we are 

proposing to this section will clarify the 

requirements and procedures for 

obtaining a replacement CITES 

document. 

Retrospective CITES documents 

(§ 23.53): In certain limited 

circumstances, CITES documents may 

be issued and accepted to authorize an 

export or re-export that has already 

occurred or to correct technical errors 

on a document accompanying a 

shipment that has already occurred. We 

propose to add text to clarify that we 

may issue or accept a retrospective 

document in circumstances where a 

technical error was made by the issuing 

Management Authority at the time the 

original document was issued. As we 

have for replacement documents, we 

propose to clarify in this section that an 

individual may not use a CITES 

document issued under a master file or 

an annual program as a retrospective 

document, but must apply for and 

receive a separate retrospective 

document (see the discussion in the 

preamble for replacement documents, 

§ 23.52). We also propose to clarify that 

‘‘personal or household effects’’ in 

§ 23.53(d)(7)(i) means specimens that 

meet the definition of ‘‘personal effect’’ 

or ‘‘household effect’’ in § 23.5. 

Use of CITES specimens after import 

into the United States (§ 23.55): This 

section provides conditions for the 

import and subsequent use of certain 

CITES specimens. Its purpose is to 

prevent commercial use of specimens 

after import into the United States when 

the trade allowed under CITES is only 

for a noncommercial purpose. Under 

Article II of the Treaty, trade in 

Appendix-I specimens ‘‘must only be 

authorized in exceptional 

circumstances.’’ Unless an Appendix-I 

wildlife or plant specimen qualifies for 

an exemption under Article VII of the 

Treaty, it can be imported only when 

the intended use is not for primarily 

commercial purposes. The import and 

subsequent use of Appendix-I 

specimens and certain Appendix-II 

specimens, including transfer, donation, 

or exchange, may be only for 

noncommercial purposes. Other 

Appendix-II specimens and any 

Appendix-III specimen may be used for 

any lawful purpose after import, unless 

the trade allowed under CITES is only 

for noncommercial purposes. See the 

preambles in our previous rulemaking 

documents, 71 FR 20167, April 19, 2006 

(proposed rule), and 72 FR 48402, 

August 23, 2007 (final rule), for further 

discussion. 

Since publication of our regulations 

in 2007, we have given further 

consideration to the allowed use of a 

specimen within the United States 

when the listing status of the species 

changes after a specimen has been 

imported. We propose to amend this 

section to clarify that the allowed use 

after import into the United States is 

determined by the current status of the 

specimen under CITES and the ESA, 

except for a specimen of an AppendixI species or an Appendix-II species 

annotated for noncommercial purposes 

that was imported before the species 

was listed in Appendix I or listed in 

Appendix II with an annotation 

disallowing commercial use. Where an 

individual can demonstrate that his or 

her specimen was imported with no 

restrictions on its use after import, prior 

to the species being listed in Appendix 

I or Appendix II with a relevant 

annotation, we propose to continue to 

allow its unrestricted use within the 

United States. 

We have considered the individual 

who may, for example, have imported 

Appendix-II specimens that had no 

restrictions on their domestic use and be 

lawfully utilizing the specimens as part 

of a commercial breeding operation. 

Under our current regulations, he or she 

may be precluded from continuing such 

activities if the species is subsequently 

listed in Appendix I. We do not believe 

it is necessary for ensuring the 

conservation and sustainable use of the 

species to retroactively apply current 

import-export restrictions to domestic 

use of specimens that were legally 

imported prior to the imposition of 

those restrictions. Therefore, where an 

individual can clearly demonstrate that 

his or her specimens were legally 

imported prior to the Appendix-I listing, 

we propose not to treat those specimens 

as specimens of an Appendix-I species 

with regard to their use within the 

United States. 

Consistent with our current 

regulations, we continue to believe that 

restrictions on the allowed use after 

import of specimens of Appendix-I 

species may be relaxed if the status of 

the species improves and it is 

subsequently listed in Appendix II or 

removed from the Appendices. If the 

status of a species has changed so that 

it no longer requires the strict 

protections (including the prohibition 

on commercial trade) provided by an 

Appendix-I listing and it is not listed 

under the ESA, we see no conservation 

need for requiring that specimens 

imported when the species was listed in 

Appendix I continue to be used only for 

noncommercial purposes. Other 

applicable laws, however, may continue 

to restrict use of the specimen. 

Under the change we are proposing, if 

an Appendix-II specimen is imported 

with no restrictions on its use (i.e., it is 

not protected under the ESA and it is 

not subject to an annotation requiring 

that it be used only for noncommercial 

purposes) and the species is 

subsequently transferred to Appendix I, 

if you can clearly demonstrate that your 

specimen was imported prior to the 

Appendix-I listing, use of the specimen 

within the United States will not change 

(i.e., it will not be restricted) with the 

change in the status of the species under 

CITES. As is currently the case, the 

allowed use of an Appendix-I specimen 

imported for noncommercial purposes 

may change if the species is 

subsequently transferred to Appendix II 

or removed from the Appendices. In 

such a case, the allowed use of the 

specimen within the United States will 

be determined by the current listing 

status of the species, not the status of 

the species at the time it was imported. 

We also propose to revise the list in 

§ 23.55(d) of Appendix-I specimens 

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imported with a CITES exemption 

document that may be used for any 

lawful purpose after import (unless 

other restrictions apply), by adding 

hybrid plants derived from one or more 

unannotated Appendix-I species 

exported under a certificate for 

artificially propagated plants (with a 

source code ‘‘A’’). The Parties have 

agreed, in Resolution Conf. 11.11, that 

such specimens are regarded as being 

included in Appendix II. 

Conditions on CITES documents 

(§ 23.56): We are proposing to update 

the documents incorporated by 

reference into our regulations at 

§ 23.23(c)(7) that provide guidance on 

humane transport of live specimens. 

(See the preamble discussion for 

§ 23.23.) We propose to update the text 

at § 23.56(a)(2) regarding humanetransport conditions to reflect these 

changes. 

Trade in native CITES furbearer 

species (§ 23.69): We propose to revise 

the title of this section and the 

definition of ‘‘CITES furbearers’’ by 

adding the phrase ‘‘harvested in the 

United States’’ to the end of both to 

clarify the scope of this section. Our 

current regulations at § 23.69 define 

‘‘CITES furbearers’’ to mean bobcat 

(Lynx rufus), river otter (Lontra 

canadensis), Canada lynx (Lynx 

canadensis), and the Alaskan 

populations of gray wolf (Canis lupus) 

and brown bear (Ursus arctos). For 

consistency and clarity, we propose to 

further amend our definition of ‘‘CITES 

furbearers’’ to include all U.S. 

populations of gray wolf and brown 

bear. All five of the species included in 

our definition of ‘‘CITES furbearers’’ are 

listed in CITES Appendix II. Certain 

populations of three of these species, 

Canada lynx, gray wolf, and brown bear, 

are also listed under the ESA. We 

initially considered that only the 

Alaskan populations of gray wolf and 

brown bear should be included in our 

definition of ‘‘CITES furbearers’’ 

because the Alaskan populations are not 

ESA-listed. However, the same is true 

for the Canada lynx, which is included 

in our definition throughout its U.S. 

range. Upon further review, we believe 

it is more appropriate to base the 

definition of ‘‘CITES furbearers’’ on the 

CITES listings of these species. The 

definition in § 23.69 includes those 

native furbearers for which States may 

request approval of a CITES export 

program. Although the State of Alaska is 

the only State that currently has CITES 

export approval for gray wolf or brown 

bear, we do not want to prohibit other 

States from seeking export approval for 

these species in the future if the legal 

and conservation status of their 

populations change. 

Section 23.69 details the CITES 

requirements for import, export, or reexport of fur skins from CITES 

furbearers and the requirements that 

must be met for export approval of State 

or tribal programs for CITES furbearers. 

Activities involving specimens from 

populations of CITES furbearers that are 

protected under the ESA must also meet 

the requirements for ESA-listed species 

in part 17 and elsewhere in this title 

(see § 23.3). 

Tagging of CITES fur skins and 

crocodilian skins (§§ 23.69 and 23.70): 

We propose to amend §§ 23.69 and 

23.70 to clarify the appropriate use of 

CITES replacement tags for CITES fur 

skins and crocodilian skins. These 

sections specify that skins with broken, 

cut, or missing tags may not be exported 

and provide a procedure for obtaining 

replacement tags where this is the case. 

However, the regulations are not 

intended to allow for the use of CITES 

replacement tags in place of tags that 

have been deliberately removed to 

facilitate processing or for other reasons. 

Replacement tags are intended to be 

used to replace CITES tags that have 

been inadvertently cut or damaged, or 

where the original CITES tags are lost. 

Although CITES tags sometimes break 

during transport or processing and may 

sometimes fail as a result of a defect, it 

has been our experience that the failure 

rate is very low (less than 5 percent) and 

that replacement tags are needed 

infrequently. We also propose to amend 

the phrases in § 23.69 paragraphs (c)(3) 

and (c)(3)(i) and in § 23.70 paragraphs 

(d)(3) and (d)(3)(i) referring to ‘‘broken, 

cut, or missing’’ tags to be more 

consistent with the terminology used in 

Resolution Conf. 11.12 (Rev. CoP15). 

In addition, we propose to incorporate 

changes to tagging requirements 

adopted by the Parties at CoP15, 

including adding ‘‘tamper-resistant’’ to 

the required characteristics of CITES 

tags for crocodilians in § 23.70(d)(1)(i) 

and clarifying that the ‘‘year of 

production’’ in § 23.70(d)(1)(ii) and (iii) 

and in § 23.70(d)(3)(ii) refers to the year 

of skin production. We also propose to 

remove the requirement in § 23.70(d)(2) 

that chalecos must have a tag attached 

to each flank, another change adopted 

by the Parties at CoP15. 

Our regulations in § 23.70 pertaining 

to tagging of crocodilian skins in 

international trade are based on the 

tagging requirements laid out in 

Resolution Conf. 11.12 (Rev. CoP15) and 

currently require that the year of 

production or harvest be included in the 

information permanently stamped on 

each tag. A question has recently been 

raised on the CITES Secretariat’s 

electronic forum for Management 

Authorities regarding the need for all 

crocodilian tags to contain the year of 

production or harvest. We agree with 

the interpretation put forward on the 

forum that the relevant language from 

Resolution Conf. 11.12 (Rev. CoP15) 

concerning the minimum information to 

be included on a crocodilian tag 

(‘‘* * * and, where appropriate, the 

year of skin production or harvest, in 

accordance with the provisions of 

Resolution Conf. 11.16 (Rev. CoP15) 

* * *’’) indicates that it may not always 

be appropriate to include the year of 

skin production or harvest on the tag. 

We also agree that the resolution 

language can be interpreted to mean that 

it is appropriate to include the year of 

skin production or harvest on tags for 

specimens subject to Resolution Conf. 

11.16 (Rev. CoP15), i.e., specimens of 

species from populations that have been 

transferred from Appendix I to 

Appendix II for ranching, but not 

necessarily for all other specimens. The 

resolution leaves some room for 

interpretation by the Parties. Therefore, 

we propose to amend § 23.70(d)(1)(ii) to 

require that the year of skin production 

or harvest be included only on tags for 

crocodilian specimens from populations 

that have been transferred from 

Appendix I to Appendix II for ranching. 

The proposed amendment provides 

discretion for range countries to decide 

(based on their national management 

regimes and systems for tracking 

specimens in trade, etc.) whether it is 

appropriate for them to include the year 

of skin production or harvest on tags 

they issue for specimens other than 

those specimens from populations of 

species that have been transferred from 

Appendix I to Appendix II for ranching. 

We will continue to include the year of 

skin production or harvest on U.S. tags 

for export of American alligator skins 

because several of our States require 

that it be included. These proposed 

amendments will make our regulations 

more consistent with Resolution Conf. 

11.12 (Rev. CoP15). 

Sturgeon caviar (§ 23.71): We propose 

to revise this section to provide further 

guidance on caviar-labeling 

requirements and the requirements for 

trade in sturgeon and sturgeon products 

other than caviar. We propose to amend 

our definition of ‘‘sturgeon caviar’’ to 

clarify that it refers to roe processed for 

human consumption, the commonly 

understood meaning of the term, and 

does not include sturgeon or paddlefish 

eggs or extracts contained in shampoos, 

cosmetics, lotions, or other products for 

topical application. These products 

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containing sturgeon or paddlefish eggs 

or extracts are regulated under CITES 

and must meet the other requirements 

in part 23, but are not subject to the 

caviar-labeling requirements in § 23.71. 

We also propose to remove the reference 

to ‘‘caviar products’’ from § 23.71(g) and 

add text in § 23.23(c) and (e) stating the 

need for CITES documents to clearly 

indicate the scientific name and exact 

quantity of each species contained in 

any product because this requirement 

applies to all products containing CITES 

species, not just to products containing 

sturgeon roe. We also propose to 

provide information on how U.S. 

exporters and re-exporters may be 

added to the ‘‘Register of licensed 

exporters and of processing and 

repackaging plants for specimens of 

sturgeon and paddlefish species’’ 

maintained by the CITES Secretariat in 

accordance with Resolution Conf. 12.7 

(Rev. CoP14). 

Sport-hunted trophies (§ 23.74): At 

the time our current regulations were 

written, the CITES Parties had not 

defined ‘‘sport-hunted trophy.’’ We 

therefore developed the definition in 

§ 23.74(b) based on our experience with 

international trade in these items and 

the commonly understood meaning of 

the term from the dictionary and other 

wildlife regulations. (See 72 FR 48402, 

August 23, 2007, for further 

background.) 

Prior to CoP15, as part of its regular 

review of resolutions, the Secretariat 

suggested that the Parties consider 

developing a definition of ‘‘hunting 

trophy’’ that could be added to a CITES 

resolution. The United States 

participated in discussions through an 

online forum prior to CoP15 and in a 

working group established at CoP15 to 

consider a CITES definition of ‘‘hunting 

trophy.’’ At CoP15, the Parties adopted 

a definition of ‘‘hunting trophy’’ in 

Resolution Conf. 12.3 (Rev. CoP15). The 

major difference between the definition 

in our current CITES regulations and the 

definition adopted by the Parties is that 

the definition in Resolution Conf. 12.3 

(Rev. CoP15) allows manufactured items 

derived from the hunted animal to be 

considered part of a ‘‘hunting trophy,’’ 

whereas our definition in 50 CFR part 

23 specifically excludes such items. We 

continue to have concerns about the 

possible import of fully manufactured 

products as part of a ‘‘hunting trophy’’ 

when the items were actually purchased 

at a store or from a taxidermist, for 

example, and were not made from the 

sport-hunted trophy animal. Therefore, 

we propose to incorporate into 

§ 23.74(b) the definition contained in 

Resolution Conf. 12.3 (Rev. CoP15) with 

some additional text to clarify the 

conditions under which we will allow 

the import into the United States of 

manufactured items as part of a 

‘‘hunting trophy.’’ If we ultimately 

incorporate the CITES definition into 

our regulations, we will carefully 

monitor imports of sport-hunted 

trophies, particularly imports of 

manufactured items as parts of sporthunted trophies, to evaluate the impact 

of this change. If we identify problems 

with implementation of the new 

definition that result in increased 

conservation risks to these species, we 

will revisit our definition of ‘‘sporthunted trophy’’ and propose revisions 

as needed. 

We propose to move the CITES 

marking requirements for African 

elephant trophies and the definition of 

‘‘lip mark area’’ from the African 

elephant special rule (50 CFR 17.40(e)) 

into § 23.74. (See the discussion in the 

preamble on proposed changes to 50 

CFR part 17.) In addition, at CoP15, the 

Parties adopted a change to the accepted 

methods for marking of elephant ivory 

to allow the use of new technologies for 

permanent marking, including the use 

of lasers. We propose to incorporate this 

change and clarify the marking 

requirements for elephant ivory 

consistent with Resolution Conf. 10.10 

(Rev. CoP15). 

In addition, we propose to amend 

§ 23.74(d) to clarify that the 

requirements in that paragraph apply to 

sport-hunted trophies from populations 

for which the Conference of the Parties 

has established an annual export quota. 

We propose some new text and 

rearrangement of existing text in 

§ 23.74(d) and a new paragraph 

§ 23.74(e). Although the marking 

requirements and numbers of trophies 

from these populations that may be 

imported have not changed, for clarity, 

we have laid out these paragraphs in 

their entirety. 

Trade in vicun ̃ a (§ 23.75): We propose 

to add a new section to the regulations 

to address the requirements for 

international trade in specimens of 

vicun ̃ a. Certain populations of vicun ̃ a 

are listed in Appendix II for the 

exclusive purpose of allowing 

international trade in wool sheared from 

live animals, cloth made from that wool, 

and products made from the cloth or 

wool. The CITES Parties have adopted 

specific requirements for labeling of 

these vicun ̃ a products in international 

trade. These requirements are currently 

contained in our special rule for 

threatened vicun ̃ a in 50 CFR part 17. We 

believe it is more appropriate to include 

these specific CITES requirements in 

our CITES regulations and therefore we 

propose to remove them from part 17 

and insert them into a new section 

(§ 23.75) in part 23. (See the discussion 

in the preamble regarding proposed 

changes to part 17.) We also propose 

minor changes to more accurately reflect 

the labeling requirements contained in 

the current annotations to the CITES 

vicun ̃ a listings (see the discussion in the 

preamble regarding changes to the 

vicun ̃ a special rule in part 17). 

Roles of the Secretariat and the 

committees (§ 23.84): At CoP14, the 

Parties agreed to dissolve the 

Nomenclature Committee and move its 

duties and responsibilities to the 

Animals and Plants Committees. The 

CoP now appoints a specialist on 

zoological nomenclature to the Animals 

Committee and a specialist on botanical 

nomenclature to the Plants Committee 

to undertake the work previously 

performed by the Nomenclature 

Committee. These individuals are ex 

officio and non-voting. We propose to 

incorporate these changes, described in 

Resolution Conf. 11.1 (Rev. CoP15) and 

Resolution Conf. 12.11 (Rev. CoP15), 

into our regulations at § 23.84. 

Exempt wildlife and plants (§ 23.92): 

We propose to revise this section to 

make a distinction between species or 

specimens that are always exempt from 

CITES requirements and those that are 

exempt if they meet certain conditions. 

Required Determinations 

Regulatory Planning and Review: The 

Office of Management and Budget 

(OMB) has determined that this rule is 

not significant. OMB bases its 

determination upon the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other agencies’ 

actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act: Under the 

Regulatory Flexibility Act (as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever a Federal agency is 

required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

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Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 14209 

and small government jurisdictions) (5 

U.S.C. 601 et seq.). However, no 

regulatory flexibility analysis is required 

if the head of an agency certifies that the 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Thus, for a 

regulatory flexibility analysis to be 

required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

small entities.’’ See 5 U.S.C. 605(b). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

The U.S. Small Business 

Administration (SBA) defines a small 

business as one with annual revenue or 

employment that meets or is below an 

established size standard. We expect 

that the majority of the entities involved 

with international trade in CITES 

specimens would be considered small 

as defined by the SBA. The declared 

value for U.S. international trade in 

CITES wildlife (not including plants) 

was $819 million in 2000, $428 million 

in 2001, $345 million in 2002, $394 

million in 2003, $1.5 billion in 2004 

(including one export of a single panda 

to China with a declared value of $1 

billion), $737 million in 2005, $748 

million in 2006, $1.0 billion in 2007, 

and $846 million in 2008. 

This proposed rule would create no 

substantial fee or paperwork changes in 

the permitting process. The regulatory 

changes are not major in scope and 

would create only a modest financial or 

paperwork burden on the affected 

members of the general public. The 

proposed change from the current 

annual reporting requirement for 

registered facilities breeding AppendixI wildlife to a 5-year renewal 

requirement would reduce the 

paperwork burden for these facilities. 

This proposed rule would benefit 

businesses engaged in international 

trade by providing updated and clearer 

regulations for the international trade of 

CITES specimens. We do not expect 

these benefits to be significant under the 

Regulatory Flexibility Act. The 

authority to enforce CITES requirements 

already exists under the ESA and is 

carried out by regulations contained in 

50 CFR part 23. The requirements that 

must be met to import, export, and reexport CITES species are based on the 

text of CITES, which has been in effect 

in the United States since 1975. 

We therefore certify that this 

proposed rule would not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). A Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. 

Small Business Regulatory 

Enforcement Fairness Act: This 

proposed rule is not a major rule under 

5 U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

This proposed rule provides the 

importing and exporting community in 

the United States with updated and 

more clearly written regulations 

implementing CITES. This proposed 

rule would not have a negative effect on 

this part of the economy. It would affect 

all importers, exporters, and reexporters of CITES specimens equally, 

and the benefits of having updated 

guidance on complying with CITES 

requirements would be evenly spread 

among all businesses, whether large or 

small. There is not a disproportionate 

share of benefits for small or large 

businesses. 

b. Would not cause a major increase 

in costs or prices for consumers; 

individual industries; Federal, State, 

tribal, or local government agencies; or 

geographic regions. The proposed rule 

would result in a small increase in fees 

for registered operations breeding 

Appendix-I species due to the 

requirement for renewal of registrations 

every 5 years. 

c. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This proposed rule would assist U.S. 

businesses and individuals traveling 

abroad in ensuring that they are meeting 

all current CITES requirements, thereby 

decreasing the possibility that 

shipments may be delayed or even 

seized in another country that has 

implemented CITES resolutions not yet 

incorporated into U.S. regulations. 

Unfunded Mandates Reform Act: 

Under the Unfunded Mandates Reform 

Act (2 U.S.C. 1501 et seq.): 

a. This proposed rule would not 

significantly or uniquely affect small 

governments. A Small Government 

Agency Plan is not required. As the lead 

agency for implementing CITES in the 

United States, we are responsible for 

monitoring import and export of CITES 

wildlife and plants, including their 

parts, products, and derivatives, and 

issuing import and export documents 

under CITES. The structure of the 

program imposes no unfunded 

mandates. Therefore, this proposed rule 

would have no effect on small 

governments’ responsibilities. 

b. This proposed rule would not 

produce a Federal requirement of $100 

million or greater in any year and is not 

a ‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings: Under Executive Order 

12630, this proposed rule does not have 

significant takings implications. A 

takings implication assessment is not 

required because the proposed rule 

would not further restrict the import, 

export, or re-export of CITES specimens. 

Rather, the proposed rule would update 

and clarify the regulations for the 

import, export, and re-export of CITES 

specimens, which would assist the 

importing and exporting community in 

conducting international trade in CITES 

specimens. 

Federalism: These proposed revisions 

to part 23 do not contain significant 

Federalism implications. A Federalism 

Assessment under Executive Order 

13132 is not required. 

Civil Justice Reform: Under Executive 

Order 12988, the Office of the Solicitor 

has determined that this proposed rule 

does not unduly burden the judicial 

system and meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

Paperwork Reduction Act: This 

proposed rule contains a collection of 

information that we have submitted to 

OMB for review and approval under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). We may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

OMB approved the information 

collection requirements associated with 

the initial registration of commercial 

facilities that breed CITES Appendix-I 

animals (FWS Form 3–200–65) and 

assigned OMB Control Number 1018– 

0093, which expires February 28, 2014. 

Under our current regulations, once a 

facility is registered, the registration 

does not expire. We are proposing to 

limit the length of time a registration is 

valid to no more than 5 years. 

Applicants will use Form 3–200–65, the 

same form used to request the initial 

registration, to request renewal of a 

registration. We will use the information 

collected through the renewal process to 

determine if an operation still meets the 

requirements for registration under 

CITES. 

There are currently 15 U.S. 

commercial breeding operations 

registered with the CITES Secretariat, 

and we have 9 pending applications for 

registration. For each operation that 

wishes to renew its registration, the 

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frequency of response will be at least 

every 5 years. We estimate that we 

would have no more than 5 applications 

for renewal in any given year and that 

the public burden for this information 

collection would be 20 hours per 

response. This estimate includes time 

for reviewing instructions, gathering 

and maintaining data, and completing 

and reviewing the application form. 

OMB Control No.: 1018–NEW. 

Title: Renewal of Registration for 

Appendix-I Commercial Breeding 

Operations (CITES). 

Service Form Number(s): 3–200–65. 

Description of Respondents: 

Registered commercial facilities that 

breed Appendix-I (CITES) animals. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: Once every 

5 years. 

Total Annual Number of Responses: 

5. 

Completion Time per Response: 20 

hours. 

Total Annual Burden Hours: 100 

hours. 

Total Annual Non-hour Cost Burden: 

$250 (application fee of $50 for each 

renewal). 

After we issue final regulations, we 

will incorporate the new information 

collection burden for Form 3–200–65 

into OMB Control No. 1018–0093. 

As part of our continuing efforts to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on any 

aspect of the reporting burden 

associated with this proposed 

information collection. We specifically 

invite comments concerning: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of our management 

functions involving CITES, including 

whether or not the information will 

have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on 

respondents. 

If you wish to comment on the 

information collection requirements of 

this proposed rule, send your comments 

directly to OMB (see detailed 

instructions under the heading 

Comments on the Information 

Collection Aspects of this Proposal in 

the ADDRESSES section). Please identify 

your comments with 1018–AW82. 

Please provide a copy of your comments 

to the Service Information Collection 

Clearance Officer (see detailed 

instructions under the heading 

Comments on the Information 

Collection Aspects of this Proposal in 

the ADDRESSES section). 

National Environmental Policy Act 

(NEPA): This proposed rule has been 

analyzed under the criteria of the 

National Environmental Policy Act, the 

Department of the Interior procedures 

for compliance with NEPA 

(Departmental Manual (DM) and 43 CFR 

part 46), and Council on Environmental 

Quality regulations for implementing 

the procedural provisions of NEPA (40 

CFR parts 1500–1508). This proposed 

rule does not amount to a major Federal 

action significantly affecting the quality 

of the human environment. An 

environmental impact statement or 

evaluation is not required. This 

proposed rule is a regulation that is of 

an administrative, legal, technical, or 

procedural nature, and its 

environmental effects are too broad, 

speculative, or conjectural to lend 

themselves to meaningful analysis 

under NEPA. The FWS has determined 

that this proposed rule is categorically 

excluded from further NEPA (42 U.S.C. 

4321 et seq.) review as provided by 516 

DM 2, Appendix 1.9, of the Department 

of the Interior National Environmental 

Policy Act Revised Implementing 

Procedures and 43 CFR 46.210(i). No 

further documentation will be made. 

Government-to-Government 

Relationship with Tribes: Under the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated possible 

effects on Federally recognized Indian 

Tribes and have determined that there 

are no effects. Individual tribal members 

must meet the same regulatory 

requirements as other individuals who 

trade internationally in CITES species. 

Energy Supply, Distribution, or Use: 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This proposed rule 

would revise the current regulations in 

50 CFR part 23 that implement CITES. 

The regulations provide procedures to 

assist individuals and businesses that 

import, export, and re-export CITES 

wildlife and plants, and their parts, 

products, and derivatives, to meet 

international requirements. This 

proposed rule would not significantly 

affect energy supplies, distribution, and 

use. Therefore, this action is a not a 

significant energy action and no 

Statement of Energy Effects is required. 

Clarity of this regulation: We are 

required by Executive Orders 12866 and 

12988 and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, please send us comments 

by one of the methods listed under the 

heading General Comments in the 

ADDRESSES section. To better help us 

revise the rule, your comments should 

be as specific as possible. For example, 

you should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Comments 

We are seeking comments on whether 

the provisions in this proposed rule 

allow the affected public to effectively 

comply with CITES. Except for 

comments concerning the information 

collection aspects of this proposed rule, 

you may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed under the 

heading General Comments in the 

ADDRESSES section. We will not accept 

comments sent by email or fax or to an 

address not listed under the heading 

General Comments in the ADDRESSES

section. For information on submitting 

comments concerning the information 

collection aspects of this proposed rule, 

see the DATES, ADDRESSES, and 

Paperwork Reduction Act sections of 

this proposal. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information in your 

written comments, you may request at 

the top of your document that we 

withhold this information from public 

review. However, we cannot guarantee 

that we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, between 8 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays, at the U.S. Fish and 

Wildlife Service; Division of 

Management Authority; 4401 N. Fairfax 

Drive, Suite 212; Arlington, VA 22203; 

telephone, (703) 358–2093. 

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List of Subjects 

50 CFR Part 13 

Administrative practice and 

procedure, Exports, Fish, Imports, 

Plants, Reporting and recordkeeping 

requirements, Transportation, Wildlife. 

50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

50 CFR Part 23 

Animals, Endangered and threatened 

species, Exports, Fish, Foreign trade, 

Forest and forest products, Imports, 

Incorporation by reference, Marine 

mammals, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Treaties, Wildlife. 

Proposed Regulation Promulgation 

For the reasons given in the preamble, 

we propose to amend title 50, chapter I, 

subchapter B of the CFR as follows: 

PART 13—[AMENDED] 

1. The authority citation for part 13 

continues to read as follows: 

Authority: 16 U.S.C. 668a, 704, 712, 742j– 

l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 

4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 

31 U.S.C. 9701. 

§ 13.3 [Amended] 

2. Section 13.3 is amended by 

removing the words ‘‘‘‘Endangered 

Species Convention’’ (the Convention 

on International Trade in Endangered 

Species of Wild Fauna and Flora)’’ from 

the first sentence and adding in their 

place the words ‘‘ ‘‘Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES)’’.’’ 

3. Section 13.11 is amended by: 

a. Adding the words ‘‘the Service’s 

permits Web page at http:// 

www.fws.gov/permits/; and the’’ 

immediately following the colon in the 

first sentence of subparagraph (b)(3); 

b. Removing the words ‘‘Room 700’’ 

from the first sentence of subparagraph 

(b)(3) and adding in their place the 

words ‘‘Room 212’’; 

c. Adding the word ‘‘street’’ 

immediately before the word ‘‘address’’ 

in the last sentence of subparagraph 

(b)(3); and 

d. Adding an entry to the table in 

subparagraph (d)(4) under the section 

titled ‘‘Endangered Species Act/CITES/ 

Lacey Act’’ immediately following the 

entry for ‘‘CITES Registration of 

Commercial Breeding Operations for 

Appendix-I Wildlife’’ to read as set forth 

below. 

§ 13.11 Application procedures. 

* * * * * 

(d) * * * 

(4) * * * 

Type of permit CFR citation Fee Amendment fee 

*******

Endangered Species Act/CITES/Lacey Act 

*******

—Renewal of Registration of Commercial Breeding Operations for Appendix-I wildlife.50 CFR Part 23 ............................ 50 

*******

4. Section 13.12(b) is amended by: 

a. Revising the introductory text to 

read as set forth below; 

b. In the table, under the heading 

‘‘Threatened wildlife and plant 

permits:’’ removing the entry for 

‘‘American alligator—buyer or tanner’’; 

and 

c. In the table, removing the final 

entry, ‘‘Endangered Species Convention 

permits.’’ 

§ 13.12 General information requirements 

on applications for permits. 

* * * * * 

(b) Additional information required 

on permit applications. As stated in 

paragraph (a)(3) of this section, certain 

additional information is required on all 

permit applications. For CITES permit 

applications, see part 23 of this 

subchapter. Additional information 

required on applications for other types 

of permits may be found by referring to 

the sections of this subchapter cited in 

the following table: 

* * * * * 

PART 17—[AMENDED] 

5. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

§ 17.9 [Amended] 

6. Section 17.9(a)(2) is amended by: 

a. Removing the words ‘‘Office of’’ 

and adding in their place the words 

‘‘Division of’’; and 

b. Removing the words ‘‘Room 700’’ 

and adding in their place the words 

‘‘Room 212’’. 

§ 17.11 [Amended] 

7. In § 17.11(h), the List of 

Endangered and Threatened Wildlife, 

the entries for ‘‘Caiman, brown,’’ 

‘‘Caiman, common,’’ and ‘‘Caiman, 

yacare’’ are amended by, in each entry, 

removing the number ‘‘17.42(g)’’ from 

the column titled ‘‘Special rules’’ and 

adding in its place the number 

‘‘17.42(c)’’. 

§ 17.21 [Amended] 

8. Section 17.21(g)(2) is amended by: 

a. Removing the words ‘‘Office of’’ in 

the first sentence and adding in their 

place the words ‘‘Division of’’; and 

b. Adding the words ‘‘Room 212,’’ in 

the first sentence immediately following 

the words ‘‘Fairfax Drive,’’. 

9. Section 17.40 is amended by: 

a. Revising subparagraph (b)(1)(i)(B) 

to read as set forth below; 

b. Removing the words ‘‘Assistant 

Regional Director, Division of Law 

Enforcement, U.S. Fish and Wildlife 

Service’’ from subparagraphs 

(b)(1)(i)(C)(3), (b)(1)(i)(D), and (b)(1)(ii) 

and adding in their place the words 

‘‘U.S. Fish and Wildlife Service law 

enforcement office’’; 

c. Removing subparagraph (e)(1)(iv); 

d. Revising subparagraph (e)(3)(iii)(D) 

to read as set forth below; 

e. Adding the words ‘‘(Panthera 

pardus)’’ immediately following the 

word ‘‘Leopard’’ in the heading of 

paragraph (f); 

f. Revising the first sentence of 

subparagraph (h)(5) to read as set forth 

below; 

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g. Revising the heading of paragraph 

(m) to read as set forth below; 

h. Removing the first sentence 

following the heading of paragraph (m); 

i. Revising subparagraphs 

(m)(1)(ii)and (m)(1)(iii) to read as set 

forth below; 

j. Revising subparagraph (m)(2) to 

read as set forth below; 

k. Removing the words ‘‘an 

information notice’’ from the second 

sentence of subparagraph (m)(3) and 

adding in their place the words ‘‘a 

public bulletin’’; 

l. Removing subparagraphs (m)(3)(i) 

and (m)(3)(iv); and 

m. Redesignating subparagraphs 

(m)(3)(ii) and (m)(3)(iii) as 

subparagraphs (m)(3)(i) and (m)(3)(ii). 

§ 17.40 Special rules—mammals. 

* * * * * 

(b) * * * 

(1) * * * 

(i) * * * 

(B) Grizzly bears may be taken in selfdefense or in defense of others, but such 

taking shall be reported by the 

individual who has taken the bear or his 

designee within 5 days of occurrence to 

the Resident Agent in Charge, Office of 

Law Enforcement, U.S. Fish and 

Wildlife Service, 2900 4th Avenue 

North, Suite 301, Billings, MT 59101 

(406–247–7355), if occurring in 

Montana or Wyoming, or the Special 

Agent in Charge, Office of Law 

Enforcement, U.S. Fish and Wildlife 

Service, P.O. Box 9, Sherwood, OR 

97140 (503–521–5300), if occurring in 

Idaho or Washington, and to appropriate 

State and Tribal authorities. Grizzly 

bears taken in self-defense or in defense 

of others, including the parts of such 

bears, shall not be possessed, delivered, 

carried, transported, shipped, exported, 

received, or sold, except by Federal, 

State, or Tribal authorities. 

* * * * * 

(e) * * * 

(3) * * * 

(iii) * * * 

(D) The trophy is legibly marked in 

accordance with part 23 of this 

subchapter. 

* * * * * 

(h) * * * 

(5) Any take pursuant to paragraph 

(h)(4) of this section must be reported in 

writing to the U.S. Fish and Wildlife 

Service, Office of Law Enforcement, 

4401 N. Fairfax Drive, LE–3000, 

Arlington, VA 22203, within 5 days. 

* * * 

* * * * * 

(m) Vicun ̃ a (Vicugna vicugna). 

(1) * * * 

(1) * * * 

(ii) Import, export, and re-export. 

Except as provided in paragraph (m)(2) 

of this section, it is unlawful to import, 

export, or re-export, or present for 

export or re-export without valid 

permits as required under parts 17 and 

23 of this subchapter, any vicun ̃ a or 

vicun ̃ a parts and products. For import of 

embryos, blood, other tissue samples, or 

live vicun ̃ a, permits required under 

§ 17.32 and part 23 will be issued only 

for bona fide scientific research 

contributing to the conservation of the 

species in the wild. 

(iii) Other activities. Except as 

provided in paragraph (m)(2) of this 

section, it is unlawful to sell or offer for 

sale, deliver, receive, carry, transport, or 

ship in interstate or foreign commerce 

and in the course of a commercial 

activity any vicun ̃ a or vicun ̃ a parts and 

products. * * * * * 

(2) What activities involving vicun ̃ a 

are allowed by this rule? You may 

import, export, or re-export, or place in 

interstate or foreign commerce, raw 

wool sheared from live vicun ̃ as, cloth 

made from such wool, or manufactured 

or handicraft products and articles made 

from or consisting of such wool or cloth 

without a threatened species permit 

issued according to § 17.32 only when 

the following provisions have been met: 

(i) The specimens originated from a 

population listed in CITES Appendix II. 

(ii) The provisions in parts 13, 14, and 

23 of this subchapter are met, including 

the specific labeling provisions in part 

23. 

(iii) Personal and household effects. 

Under the provisions of this special 

rule, raw wool sheared from live 

vicun ̃ as, cloth made from such wool, or 

manufactured or handicraft products 

and articles made from or consisting of 

such wool or cloth are not granted the 

personal or household effects exemption 

described in part 23 of this subchapter. 

In addition to the provisions of this 

paragraph (m)(2), such specimens may 

only be imported, exported, or reexported when accompanied by a valid 

CITES document. 

(iv) Labeling of wool sheared from live 

vicun ̃ as. Any shipment of raw wool 

sheared from live vicun ̃ as must be 

sealed with a tamper-proof seal and 

have the following: 

(A) An identification tag with a code 

identifying the country of origin of the 

raw vicun ̃ a wool and the CITES export 

permit number; and 

(B) The vicun ̃ a logotype as defined in 

50 CFR part 23 and the words 

‘‘VICUN ̃ A—COUNTRY OF ORIGIN’’, 

where country of origin is the name of 

the country from which the raw vicun ̃ a 

wool was first exported. 

(v) At the time of import, the country 

of origin and each country of re-export 

involved in the trade of a particular 

shipment have not been identified by 

the CITES Conference of the Parties, the 

CITES Standing Committee, or in a 

Notification from the CITES Secretariat 

as a country from which Parties should 

not accept permits. 

* * * * * 

10. Section 17.44 is amended by: 

a. Revising the heading of paragraph 

(y) to read as set forth below; 

b. Removing the first sentence 

following the heading of paragraph (y); 

c. Revising subparagraph (y)(3)(i)(A) 

to read as set forth below; 

d. Revising subparagraph (y)(3)(ii) to 

read as set forth below; 

e. Removing subparagraph (y)(4)(iii); 

f. Redesignating subparagraphs 

(y)(4)(iv) through (y)(4)(vi) as (y)(4)(iii) 

through (y)(4)(v); 

g. Revising newly redesignated 

subparagraph (y)(4)(iii) to read as set 

forth below; 

h. Revising the fourth sentence after 

the heading of subparagraph (y)(5) to 

read as set forth below; 

i. Removing the words ‘‘an 

information bulletin’’ from the first 

sentence after the heading of 

subparagraph (y)(6) and adding in their 

place the words ‘‘a public bulletin’’; and 

j. Removing the words ‘‘Room 700’’ in 

the NOTE to paragraph (y)(6) and 

adding in their place the words ‘‘Room 

212’’. 

§ 17.44 Special rules—fishes. 

* * * * * 

(y) Beluga sturgeon (Huso huso). 

* * * 

(3) * * * 

(i) * * * 

(A) Beluga sturgeon caviar, including 

beluga sturgeon caviar in interstate 

commerce in the United States, must be 

labeled in accordance with the CITES 

labeling requirements in 50 CFR part 23. 

* * * * * 

(ii) Personal and household effects. 

You may import, export, or re-export, or 

conduct interstate or foreign commerce 

in beluga sturgeon specimens that 

qualify as personal or household effects 

under 50 CFR part 23 without a 

threatened species permit otherwise 

required under § 17.32. Trade 

suspensions or trade restrictions 

administratively imposed by the Service 

under paragraphs (y)(6) or (y)(7) of this 

section may also apply to personal and 

household effects of beluga sturgeon 

caviar. 

* * * * * 

(4) * * * 

(iii) CITES compliance. Trade in 

beluga sturgeon specimens must comply 

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with CITES requirements in 50 CFR part 

23. Except as provided in paragraph 

(y)(3)(ii) of this section, all shipments of 

beluga sturgeon specimens, including 

those exempted from threatened species 

permits under this special rule, must be 

accompanied by valid CITES documents 

upon import, export, or re-export. 

Beluga sturgeon caviar, including beluga 

sturgeon caviar in interstate commerce 

in the United States, must be labeled in 

accordance with the CITES labeling 

requirements in 50 CFR part 23. 

(5) * * * Facilities outside the littoral 

states wishing to obtain such 

exemptions must submit a written 

request to the Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Room 

212, Arlington, VA 22203, and provide 

information that shows at a minimum, 

all of the following: * * * 

* * * * * 

11. Section 17.62 is amended by: 

a. Revising subparagraph (a)(4); and 

b. Revising the third sentence of 

subparagraph (c)(3), and adding a 

sentence to the end of that paragraph, to 

read as set forth below. 

§ 17.62 Permits for scientific purposes or 

for the enhancement of propagation or 

survival. 

* * * * * 

(a) * * * 

(4) When the activity applied for 

involves a species also regulated by the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora, additional requirements in part 

23 of this subchapter must be met. 

* * * * * 

(c) * * * 

(3) * * * If the specimens are of taxa 

also regulated by the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora, 

specific information must be entered on 

the Customs declaration label affixed to 

the outside of each shipping container 

or package. See part 23 of this 

subchapter for requirements for trade in 

CITES specimens between registered 

scientific institutions. 

* * * * * 

12. Section 17.72 is amended by: 

a. Revising paragraph (a)(4); and 

b. Revising the third sentence of 

paragraph (c)(3), and adding a sentence 

to the end of that paragraph, to read as 

set forth below. 

§ 17.72 Permits—general. 

* * * * * 

(a) * * * 

(4) When the activity applied for 

involves a species also regulated by the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora, additional requirements in part 

23 of this subchapter must be met. 

* * * * * 

(c) * * * 

(3) * * * If the specimens are of taxa 

also regulated by the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora, 

specific information must be entered on 

the Customs declaration label affixed to 

the outside of each shipping container 

or package. See part 23 of this 

subchapter for requirements for trade in 

CITES specimens between registered 

scientific institutions. 

* * * * * 

PART 23—[AMENDED] 

13. The authority citation for part 23 

continues to read as follows: 

Authority: Convention on International 

Trade in Endangered Species of Wild Fauna 

and Flora (March 3, 1973), 27 U.S.T. 1087; 

and Endangered Species Act of 1973, as 

amended, 16 U.S.C. 1531 et seq. 

14. Section 23.2 is amended by: 

a. Revising the text in the left-hand 

column of paragraph (b) to read as set 

forth below; 

b. Redesignating paragraph (d) as 

paragraph (e); and 

c. Adding a new paragraph (d) to read 

as set forth below. 

§ 23.2 How do I decide if these regulations 

apply to my shipment or me? 

* * * * * 

Question on proposed activity Answer and action 

*******

(b) Is the wildlife or plant specimen exempted from CITES requirements (see § 23.92 (b))? * * * * * * * 

* * * * * * * 

(d) Is the specimen that you possess or want to enter into intrastate or 

interstate commerce subject to restrictions on its use after import? 

(1) YES. The regulations in this part apply. See § 23.55. 

(2) NO. Continue to paragraph (e) of this section. 

* * * * * * * 

15. Section 23.5 is amended by: 

a. Revising the definition of Bred for 

noncommercial purposes by removing 

the words ‘‘, and is conducted between 

facilities that are involved in a 

cooperative conservation program’’ from 

the end of the sentence; 

b. Removing the entry for Cooperative 

conservation program; 

c. Revising the definitions of Coral 

(dead), Coral fragments, Coral (live), 

and Coral sand to read as set forth 

below; 

d. Revising the first sentence, and 

adding a sentence to the end, of the 

definition of Coral rock to read as set 

forth below; 

e. Adding, in alphabetical order, a 

definition of Coral (stony) to read as set 

forth below; 

f. Revising the definition of Cultivar 

to read as set forth below; 

g. Revising the definition of 

Introduction from the sea to read as set 

forth below; and 

h. Adding, in alphabetical order, a 

definition of Ranched wildlife to read as 

set forth below. 

§ 23.5 How are the terms used in these 

regulations defined? 

* * * * * 

Coral (dead) means pieces of stony 

coral that contain no living coral tissue 

and in which the structure of the 

corallites (skeletons of the individual 

polyps) is still intact and the specimens 

are therefore identifiable to the level of 

species or genus. See also § 23.23(c)(13). 

Coral fragments, including coral 

gravel and coral rubble, means loose 

pieces of broken finger-like stony coral 

between 2 and 30 mm measured in any 

direction that contain no living coral 

tissue and are not identifiable to the 

level of genus (see § 23.92 for 

exemptions). 

Coral (live) means pieces of stony 

coral that are alive and are therefore 

identifiable to the level of species or 

genus. See also § 23.23(c)(13). 

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Coral rock means hard consolidated 

material greater than 30 mm measured 

in any direction that consists of pieces 

of stony coral that contain no living 

coral tissue and possibly also cemented 

sand, coralline algae, or other 

sedimentary rocks. * * * See also 

§ 23.23(c)(13). 

Coral sand means material that 

consists entirely or in part of finely 

crushed stony coral no larger than 2 mm 

measured in any direction that contains 

no living coral tissue and is not 

identifiable to the level of genus (see 

§ 23.92 for exemptions). 

Coral (stony) means any coral in the 

orders Helioporacea, Milleporina, 

Scleractinia, Stolonifera, and 

Stylasterina. 

* * * * * 

Cultivar means a horticulturally 

derived plant variety that: (a) Has been 

selected for a particular character or 

combination of characters; (b) is 

distinct, uniform, and stable in these 

characters; and (c) when propagated by 

appropriate means, retains these 

characters. The cultivar name and 

description must be formally published 

in order to be recognized under CITES. 

* * * * * 

Introduction from the sea means 

transportation into a country of 

specimens of any species that were 

taken in the marine environment not 

under the jurisdiction of any country, 

i.e., taken in those marine areas beyond 

the areas subject to the sovereignty or 

sovereign rights of a country consistent 

with international law, as reflected in 

the United Nations Convention on the 

Law of the Sea. 

* * * * * 

Ranched wildlife means specimens of 

animals reared in a controlled 

environment that were taken from the 

wild as eggs or juveniles where they 

would otherwise have had a very low 

probability of surviving to adulthood. 

See also § 23.34. 

* * * * * 

§ 23.7 [Amended] 

16. Section 23.7 is amended by: 

a. In paragraph (a) under the Office to 

contact table heading, removing the 

words ‘‘Room 700’’ and adding in their 

place the words ‘‘Room 212’’; and 

b. In paragraph (b) under the Office to 

contact table heading, removing the 

words ‘‘Room 750’’ and adding in their 

place the words ‘‘Room 110’’. 

§ 23.8 [Amended] 

17. Section 23.8 is amended by 

removing the words ‘‘Numbers 1018– 

0093 and 1018–0137’’ from the end of 

the first sentence and adding in their 

place the words ‘‘Number 1018–0093’’. 

18. Section 23.13 is amended by: 

a. Redesignating paragraph (d) as 

paragraph (f); 

b. Adding a new paragraph (d) and a 

new paragraph (e) to read as set forth 

below; and 

c. In the newly redesignated 

paragraph (f), removing the words ‘‘(a) 

through (c)’’ and adding in their place 

the words ‘‘(a) through (e)’’. 

§ 23.13 What is prohibited? 

* * * * * 

(d) Use any specimen of a species 

listed in Appendix I, II, or III of CITES 

for any purpose contrary to what is 

allowed under § 23.55. 

(e) Violate any other provisions of this 

part. 

* * * * * 

19. Section 23.18 is amended by 

removing the decision tree and adding 

in its place the following decision tree. 

§ 23.18 What CITES documents are 

required to export Appendix-I wildlife? 

* * * * * 

BILLING CODE 4310–55–P 

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20. Section 23.19 is amended by 

removing the decision tree and adding 

in its place the following decision tree. 

§ 23.19 What CITES documents are 

required to export Appendix-I plants? 

* * * * * 


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BILLING CODE 4310–55–C 

21. Section 23.23 is amended by: 

a. Removing the words ‘‘on a form 

printed’’ in the first sentence of 

paragraph (b) and adding in their place 

the word ‘‘issued’’; 

b. Adding a sentence to the end of 

subparagraph (c)(1) to read as set forth 

below; 

c. Revising subparagraph (c)(7) to read 

as set forth below; 

d. Removing the first sentence in the 

right-hand column of subparagraph 

(c)(12) and adding in its place two 

sentences to read as set forth below; 

e. Removing the first sentence in the 

right-hand column of subparagraph 

(c)(13) and adding in its place three 

sentences to read as set forth below; 

f. Redesignating subparagraphs 

(c)(13)(i)(B) through (c)(13)(i)(C) as 

(c)(13)(i)(C) through (c)(13)(i)(D); 

g. Adding new subparagraph 

(c)(13)(i)(B) to read as set forth below; 

h. Adding the words ‘‘or signature 

stamp’’ immediately following the 

words ‘‘original handwritten signature’’ 

in the first sentence of subparagraph 

(c)(16); 

i. Adding a sentence immediately 

following the first sentence in the righthand column of subparagraph (c)(18) to 

read as set forth below; 


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j. Revising the first sentence of 

subparagraph (c)(21) to read as set forth 

below; 

k. Removing the word ‘‘calendar’’ 

from subparagraph (e)(5)(i); 

l. Adding a new subparagraph 

(e)(10)(iv) to read as set forth below; and 

m. Removing the words ‘‘include 

hybrids’’ from subparagraph (f)(2)(ii) 

and adding in their place the words 

‘‘treat hybrids as Appendix-I 

specimens’’. 

§ 23.23 What information is required on 

U.S. and foreign CITES documents? 

* * * * * 

(c) * * * 

Required information Description 

(1) * * * * * * For products that contain or consist of more than one CITES species, the Appendix in 

which each species is listed must be indicated on the CITES document. 

*******

(7) Humane transport of live specimens If the CITES document authorizes the export or re-export of live specimens, a statement that 

the document is valid only if the transport conditions comply with the International Air Transport Association Live Animals Regulations (for animals) or the International Air Transport 

Association Perishable Cargo Regulations (for plants). A shipment containing live animals 

must comply with the requirements of the Live Animals Regulations (LAR) 37th edition, October 1, 2010, by the International Air Transport Association (IATA), Reference Number: 

9105–37, ISBN 978–92–9233–373–7. A shipment containing live plants must comply with 

the requirements for plants in IATA’s Perishable Cargo Regulations (PCR) 10th edition, July 

1, 2010, Reference Number: 9526–10, ISBN 978–92–9233–371–3. The incorporation by reference of these documents was approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the LAR and PCR 

may be obtained from IATA, 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada 

H4Z 1M1, by calling 1–800–716–6326, or ordering through the Internet at http:// 

www.iata.org. Copies may be inspected at the U.S. Management Authority, Fish and Wildlife 

Service, 4401 N. Fairfax Dr., Room 212, Arlington, VA 22203 or at the National Archives 

and Records Administration (NARA). For information on the availability of this material at 

NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ibr_locations.html. 

*******

(12) * * * The quantity of specimens authorized in the shipment and, if appropriate, the unit of measurement using the metric system. For products that contain or consist of more than one CITES 

species, the quantity of each species must be indicated on the CITES document. 

*******

(13) * * * The scientific name of the species, including the subspecies when needed to determine the 

level of protection of the specimen under CITES. For products that contain or consist of 

more than one CITES species, the scientific name of each species must be indicated on the 

CITES document. Scientific names must be in the standard nomenclature as it appears in 

the CITES Appendices or the references adopted by the CoP. * * * 

(i) * * * 

(B) If the species cannot be determined for worked specimens of black coral, specimens may 

be identified at the genus level. If the genus cannot be determined for worked specimens of 

black coral, the scientific name to be used is the order Antipatharia. Raw black coral and 

live black coral must be identified to the level of species. 

*******

(18) * * * * * * For products that contain or consist of more than one CITES species, the source code 

of each species must be indicated on the CITES document. * * * 

*******

(21) * * * Except as provided for replacement (§ 23.52(f)) or retrospective (§ 23.53(f)) CITES documents, 

the actual quantity of specimens exported or re-exported: * * * 

* * * * * (e) * * * 

Type of document Additional required information 

*******

(10) * * * ............................................................ * * * 

(iv) For products that contain or consist of more than one CITES species, the information in 

(i)–(iii) for each species must be indicated on the CITES document. 

* * * * * * * 

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§ 23.24 [Amended] 

22. Section 23.24 is amended by: 

a. Removing the words ‘‘which should 

be’’ in the first sentence of the 

introductory text and adding in their 

place the words ‘‘which may be’’; 

b. Adding the words ‘‘(see § 23.5)’’ 

immediately following the words 

‘‘Captive-bred’’ in subparagraph 

(d)(2)(i); 

c. Removing subparagraph (d)(2)(iii); 

d. Removing the words ‘‘to be used’’ 

in paragraph (f) and adding in their 

place the words ‘‘may be used’’; and 

e. Removing the words ‘‘(wildlife that 

originated from a ranching operation).’’ 

in paragraph (g) and adding in their 

place the words ‘‘(see § 23.5).’’ 

23. Section 23.26 is amended by: 

a. Revising the sentence in the righthand column of subparagraph (c)(8) to 

read as set forth below; 

b. Redesignating subparagraphs (d)(4) 

through (d)(8) as (d)(5) through (d)(9); 

c. Adding new subparagraph (d)(4) to 

read as set forth below; 

d. Redesignating newly designated 

subparagraphs (d)(7) through (d)(9) as 

subparagraphs (d)(8) through (d)(10); 

e. Adding new subparagraph (d)(7) to 

read as set forth below; and 

f. Adding new subparagraph (d)(11) to 

read as set forth below. 

§ 23.26 When is a U.S. or foreign CITES 

document valid? 

* * * * * 

(c) * * * 

Key phrase Conditions for an acceptable CITES document 

*******

(8) * * * .............................................................. Live wildlife or plants were transported in compliance with the International Air Transport Association Live Animals Regulations (for animals) or the International Air Transport Association 

Perishable Cargo Regulations (for plants) (See § 23.23(c)(7).) 

*******

(d) * * * 

(4) The CITES document includes a 

species for which the Secretariat has 

published an annotated quota. 

* * * * * 

(7) We know or have reasonable 

grounds to believe that an Appendix-I 

specimen was not bred at a facility 

registered with the CITES Secretariat 

and that the purpose of the import is 

commercial. 

* * * * * 

(11) The export permit or re-export 

certificate does not contain validation or 

certification by an inspecting official at 

the time of export of the actual quantity 

exported or re-exported. 

24. Section 23.27 is amended by: 

a. Adding two sentences to the end of 

paragraph (a) to read as set forth below; 

and 

b. Adding the words ‘‘exporting or reexporting’’ immediately following the 

words ‘‘Officials in each’’ in the first 

sentence of paragraph (c). 

§ 23.27 What CITES documents do I 

present at the port? 

(a) * * * Article VI, paragraph 6, of 

the Treaty requires that the Management 

Authority of the importing country 

cancel and retain the export permit or 

re-export certificate and any 

corresponding import permit presented. 

In the United States, for imports of 

CITES-listed plant specimens, CITES 

inspecting officials cancel and submit 

original CITES documents to the U.S. 

Management Authority. 

* * * * * 

25. Section 23.34 is amended by: 

a. Removing the words ‘‘Exempt plant 

material’’ from the left-hand column of 

subparagraph (b)(3) and adding in their 

place the words ‘‘Grown from exempt 

plant material’’; 

b. Redesignating subparagraphs (b)(6) 

through (b)(8) as subparagraphs (b)(7) 

through (b)(9); 

c. Adding a new subparagraph (b)(6) 

to read as set forth below; and 

d. Revising the footnote at the end of 

subparagraph (b) to read as set forth 

below. 

§ 23.34 What kinds of records may I use to 

show the origin of a specimen when I apply 

for a U.S. CITES document? 

* * * * * 

(b) * * * 

Source of specimen Types of records 

*******

(6) Ranched wildlife ............................................ (i) Records, such as permits, licenses, and tags, that demonstrate that the specimen was legally removed from the wild under relevant Federal, tribal, State, or local wildlife conservation laws or regulations: 

(A) If taken on private or tribal land, permission of the landowner if required under applicable 

law. 

(B) If taken in a national, State, or local park, refuge or other protected area, permission from 

the applicable agency, if required. 

(ii) Records that document the rearing of specimens at the facility: 

(A) Number of specimens (by sex and age- or size-class) at the facility. 

(B) How long the specimens were reared at the facility. 

(C) Signed and dated statement by the owner or manager of the facility that the specimens 

were reared at the facility in a controlled environment. 

(D) Marking system, if applicable. 

(E) Photographs or video of the facility. 

*******

1 If the wildlife was born in captivity from an egg collected in the wild or from parents that mated or exchanged genetic material in the wild, see 

paragraphs (b)(6) and (b)(9). If the plant was propagated from a non-exempt propagule collected from a wild plant, see paragraph (b)(9). 

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* * * * * 

26. Section 23.36 is amended by: 

a. Adding, in alphabetical order, two 

entries to the left-hand column of the 

table in subparagraph (b)(1) and two 

corresponding entries to the right-hand 

column of the table, to read as set forth 

below; 

b. In subparagraph (b)(1) of the table, 

removing the entry ‘‘Export of Skins/ 

Products of Bobcat, Canada Lynx, River 

Otter, Brown Bear, Gray Wolf, and 

American Alligator Taken under an 

Approved State or Tribal Program’’ and 

adding in its place the entry ‘‘Export of 

Skins of Bobcat, Canada Lynx, River 

Otter, Brown Bear, Gray Wolf, and 

American Alligator Taken under an 

Approved State or Tribal Program’’; 

c. In subparagraph (b)(1) of the table, 

removing the entry ‘‘Trophies by 

Taxidermists’’ and adding in its place 

the entry ‘‘Trophies by Hunters or 

Taxidermists’’; and 

d. In the last entry of subparagraph 

(b)(1), adding the words ‘‘(Live 

Animals/Samples/Parts/Products)’’ 

immediately following the words 

‘‘Wildlife, Removed from the Wild’’. 

§ 23.36 What are the requirements for an 

export permit? 

* * * * * 

(b) * * * 

Type of application for an export permit Form No. 

(1) CITES: 

* * * * * * * 

Caviar/Live Eggs/Meat of Paddlefish or Sturgeon, From an Aquaculture Facility .................................................................................. 3–200–80 

*******

Master File for the Export of Live Animals Bred-in-Captivity .................................................................................................................. 3–200–85 

* * * * * 

§ 23.40 [Amended] 

27. Section 23.40 is amended by: 

a. Removing the words ‘‘include 

hybrids in the listing’’ from 

subparagraph (d)(2)(iii) and adding in 

their place the words ‘‘treat hybrids as 

Appendix-I specimens’’; 

b. Adding the words ‘‘or spore’’ in 

subparagraph (e)(1) immediately 

following the words ‘‘from a wild seed’’; 

c. Removing the words ‘‘include 

hybrids in the listing’’ from 

subparagraph (e)(2) and adding in their 

place the words ‘‘treat hybrids as 

Appendix-I specimens’’; and 

d. Adding the words ‘‘(See § 23.47.)’’ 

after the last sentence in subparagraph 

(e)(2). 

§ 23.41 [Amended] 

28. Section 23.41 is amended by 

adding the words ‘‘, 3–200–80, or 3– 

200–85’’ immediately following the 

words ‘‘Form 3–200–24’’ in paragraph 

(c). 

§ 23.42 [Amended] 

29. Section 23.42 is amended by 

removing the words ‘‘include hybrids’’ 

from paragraph (b) and adding in their 

place the words ‘‘treat hybrids as 

Appendix-I specimens’’. 

30. Section 23.43 is amended by 

revising subparagraph (f)(2) and adding 

a new subparagraph (f)(3) to read as set 

forth below. 

§ 23.43 What are the requirements for a 

wildlife hybrid? 

* * * * * 

(f) * * * 

(2) For import, export, or re-export of 

an exempt wildlife hybrid without 

CITES documents, you must provide 

information at the time of import or 

export to clearly demonstrate that your 

specimen has no purebred CITES 

specimens in the previous four 

generations of its ancestry. If you are 

unable to clearly demonstrate this, you 

must obtain CITES documents. The 

information you provide must clearly 

identify the specimen and demonstrate 

its recent lineage. Such information may 

include, but is not limited to, the 

following: 

(i) Records that identify the name and 

address of the breeder and identify the 

specimen by birth or hatch date and by 

sex, band number, microchip number, 

or other mark. 

(ii) Certified pedigree issued by an 

internationally recognized association 

that contains scientific names of the 

animals in the specimen’s recent lineage 

and clearly illustrates its genetic history. 

If the pedigree contains codes, you must 

provide a key or guide that explains the 

meaning of the codes. 

(3) Although a CITES document is not 

required for an exempt wildlife hybrid, 

you must follow the clearance 

requirements for wildlife in part 14 of 

this subchapter, including the prior 

notification requirements for live 

wildlife. 

31. Section 23.44 is amended by 

revising the section heading and adding 

a new subparagraph (e)(7) to read as set 

forth below. 

§ 23.44 What are the requirements for 

traveling internationally with my personally 

owned live wildlife? 

* * * * * 

(e) * * * 

(7) You must return the wildlife to the 

United States before the certificate 

expires. 

32. Section 23.46 is amended by: 

a. Removing the words ‘‘facilitate a 

dialogue for resolution of the identified 

problems within 60 days.’’ from the end 

of the last sentence of subparagraph 

(b)(3) and adding in their place the 

words ‘‘allow a further 30 days for 

resolution of the identified problems.’’; 

b. Revising subparagraph (b)(4) to 

read as set forth below; 

c. Removing subparagraphs (b)(5) and 

(b)(6); 

d. Redesignating subparagraphs (b)(7) 

through (b)(12) as subparagraphs (b)(5) 

through (b)(10); 

e. Revising the first sentence of newly 

redesignated subparagraph (b)(7), and 

adding a sentence following the first 

sentence of that subparagraph to read as 

set forth below; 

f. Adding a sentence immediately 

following the first sentence of newly 

redesignated subparagraph (b)(8) to read 

as set forth below; 

g. Revising the last sentence of newly 

redesignated subparagraph (b)(8) by 

removing the words ‘‘, and the Animals 

Committee will review the operation to 

determine whether it should remain 

registered’’; 

h. Revising newly redesignated 

subparagraph (b)(10) by removing the 

words ‘‘bred at a commercial breeding 

operation that is registered with the 

CITES Secretariat as provided in this 

section’’ and adding in their place the 

words ‘‘bred-in-captivity (see § 23.63)’’; 

i. Removing subparagraph (e)(3); 

j. Redesignating subparagraph (e)(4) as 

subparagraph (e)(3); 

k. Adding a new subparagraph (e)(4) 

to read as set forth below; 

l. Redesignating paragraphs (f) 

through (h) as paragraphs (h) through (j); 

m. Adding a new paragraph (f) to read 

as set forth below; 

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n. Adding a new paragraph (g) to read 

as set forth below; and 

o. Removing the words ‘‘Form 3–200– 

24’’ from newly designated paragraph (i) 

and adding in their place the words ‘‘the 

appropriate form (see § 23.36)’’. 

§ 23.46 What are the requirements for 

registering a commercial breeding 

operation for Appendix-I wildlife and 

commercially exporting specimens? 

* * * * * 

(b) * * * 

(4) If the objection is not withdrawn 

or the identified problems are not 

resolved within the 30-day period, the 

Secretariat will submit the application 

to the Standing Committee at its next 

regular meeting. The Standing 

Committee will determine whether the 

objection is justified and decide 

whether to accept the application. 

* * * * * 

(7) If a Party believes that a registered 

operation does not meet the bred-incaptivity requirements, it may, after 

consultation with the Secretariat and 

the Party concerned, propose to the 

Standing Committee that the operation 

be deleted from the register. At its 

following meeting, the Standing 

Committee will consider the concerns 

raised by the objecting Party, and any 

comments from the registering Party and 

the Secretariat, and determine whether 

the operation should be deleted from 

the register. * * * 

(8) * * * In the United States, we will 

monitor registered operations, in part, 

by requiring each operation to apply for 

renewal and demonstrate that it 

continues to qualify for registration at 

least once every 5 years. (See paragraphs 

(e)(4) and (f) of this section.) * * * 

* * * * * 

(e) * * * 

(4) Registrations will be valid for a 

period not to exceed 5 years. Registrants 

who wish to remain registered must 

request renewal before the end of the 

period of validity of the registration. 

(f) U.S. application to renew a 

registration. Requests for renewal of a 

registration should be submitted at least 

3 months before the registration expires. 

Complete Form 3–200–65 and submit it 

to the U.S. Management Authority. 

(g) Criteria for renewal of U.S. 

registrations. To renew your 

registration, you must provide sufficient 

information for us to find that your 

proposed activity continues to meet all 

of the criteria in paragraph (d) of this 

section. 

* * * * * 

33. Section 23.47 is amended by 

adding a sentence to the end of 

paragraph (a) to read as set forth below. 

§ 23.47 What are the requirements for 

export of an Appendix-I plant artificially 

propagated for commercial purposes? 

(a) * * * This section does not apply 

to hybrids of one or more Appendix-I 

species or taxa that are not annotated to 

treat hybrids as Appendix-I specimens 

(see § 23.40). 

* * * * * 

34. Section 23.52 is amended by: 

a. Removing the last sentence of 

paragraph (a) and adding in its place 

two new sentences to read as set forth 

below; 

b. Adding a new subparagraph (b)(6) 

to read as set forth below; 

c. Revising the introductory text of 

paragraph (d) to read as set forth below; 

d. Redesignating subparagraphs (d)(1) 

and (d)(2) as (d)(1)(i) and (d)(1)(ii); 

e. Adding a new paragraph (d)(1) to 

read as set forth below; 

f. Adding a new subparagraph 

(d)(1)(iii) to read as set forth below; and 

g. Adding a new paragraph (d)(2) to 

read as set forth below. 

§ 23.52 What are the requirements for 

replacing a lost, damaged, stolen, or 

accidentally destroyed CITES document? 

(a) * * * To renew a U.S. CITES 

document, see part 13 of this 

subchapter. To amend a U.S. CITES 

document, see part 13 of this subchapter 

if the activity has not yet occurred or, 

if the activity has already occurred, see 

§ 23.53 of this part. 

(b) * * * 

(6) In the United States, you may not 

use an original single-use CITES 

document issued under a CITES master 

file or CITES annual program as a 

replacement document for a shipment 

that has already left the country. 

* * * * * 

(d) Criteria. The criteria in this 

paragraph (d) apply to the issuance and 

acceptance of U.S. and foreign 

documents. 

(1) When applying for a U.S. 

replacement document, you must 

provide sufficient information for us to 

find that your proposed activity meets 

all of the following criteria: 

(i) * * * 

(ii) * * * 

(iii) The specimens were presented to 

the appropriate official for inspection at 

the time of import and a request for a 

replacement CITES document was made 

at that time. 

(2) For acceptance of foreign CITES 

replacement documents in the United 

States, you must provide sufficient 

information for us to find that your 

proposed activity meets all of the 

following criteria: 

(i) The specimens were presented to 

the appropriate official for inspection at 

the time of import and a request for a 

replacement CITES document was made 

at that time. 

(ii) The importer or the importer’s 

agent submitted a signed, dated, and 

notarized statement at the time of 

import that describes the circumstances 

that resulted in the CITES document 

being lost, damaged, stolen, or 

accidentally destroyed. 

(iii) The importer or the importer’s 

agent provided a copy of the original 

lost, stolen, or accidentally destroyed 

document at the time of import showing 

that the document met the requirements 

in §§ 23.23, 23.24, and 23.25. 

* * * * * 

35. Section 23.53 is amended by: 

a. Revising paragraph (a) to read as set 

forth below; 

b. Adding a new subparagraph (b)(8) 

to read as set forth below; 

c. Revising subparagraph (d)(6)(ii) to 

read as set forth below; and 

d. Adding the words ‘‘as defined in 

§ 23.5’’ to the end of the sentence in 

subparagraph (d)(7)(i). 

§ 23.53 What are the requirements for 

obtaining a retrospective CITES document? 

(a) Retrospective CITES documents 

may be issued and accepted in certain 

limited situations after an export or reexport has occurred, but before the 

shipment is cleared for import. When 

specific conditions are met, a 

retrospective CITES document may be 

issued to authorize trade that has taken 

place without a CITES document or to 

correct certain technical errors in a 

CITES document after the authorized 

activity has occurred. 

(b) * * * 

(8) In the United States, you may not 

use a U.S. CITES document issued 

under a CITES master file or CITES 

annual program as a retrospective CITES 

document. 

* * * * * 

(d) * * * 

(6) * * * 

(ii) The Management Authority 

unintentionally made a technical error 

when issuing the CITES document that 

was not prompted by information 

provided by the applicant. 

* * * * * 

36. Section 23.55 is amended by: 

a. Revising the introductory text to 

read as set forth below; 

b. Revising the table’s headings to 

read as set forth below; 

c. Revising the text in the first block 

of the right-hand column of the table, 

which corresponds to paragraphs (a), 

(b), and (c) in the left-hand column of 

the table, to read as set forth below; 

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d. Adding the words ‘‘or Appendix 

III’’ immediately following the words 

‘‘Appendix II’’ in paragraph (c); 

e. Adding the word ‘‘lawful’’ 

immediately before the word ‘‘purpose’’ 

in the first phrase in the second block 

of the right-hand column of the table, 

which corresponds to paragraphs (d), 

(e), and (f) in the left-hand column of 

the table; 

f. Redesignating subparagraph (d)(5) 

as (d)(6); 

g. Adding a new subparagraph (d)(5) 

to read as set forth below; and 

h. Revising paragraph (f) to read as set 

forth below. 

§ 23.55 How may I use a CITES specimen 

after import into the United States? 

In addition to the provisions in § 23.3, 

you may only use CITES specimens 

after import into the United States for 

the following purposes: 

If the species is listed in Allowed use within the United States 

(a) * * * ..............................................................

(b) * * * 

(c) * * * 

The specimen may be used, including a transfer, donation, or exchange, only for noncommercial purposes. In cases where the species was listed in CITES Appendix I or in Appendix II 

with an annotation for noncommercial purposes subsequent to the import of your specimen, 

if you are able to demonstrate (using records or other evidence) that your specimen was imported prior to the Appendix-I or annotated Appendix-II listing, with no restrictions on its use 

after import, you may continue to use the specimen as indicated in paragraphs (d), (e) and 

(f) of this section. 

* * * * * * * 

(d) * * *.

(5) Certificate for artificially propagated plants 

with a source code of ‘‘A’’ for artificially propagated hybrid specimens derived from one or 

more unannotated Appendix-I species or 

other taxa. * * *.

* * * * * * * 

(f) Appendix III, other than those in paragraph 

(c) of this section.

37. Section 23.56 is amended by 

revising subparagraph (a)(2) to read as 

set forth below. 

§ 23.56 What U.S. CITES document 

conditions do I need to follow? 

(a) * * * 

(2) For export and re-export of live 

wildlife and plants, transport conditions 

must comply with the International Air 

Transport Association Live Animals 

Regulations (for animals) or the 

International Air Transport Association 

Perishable Cargo Regulations (for 

plants) (See § 23.23(c)(7).) 

* * * * * 

§ 23.64 [Amended] 

38. In § 23.64, subparagraph (g)(4)(ii) 

is amended by adding the words ‘‘or 

spores’’ immediately following the 

words ‘‘to collect seeds’’. 

39. Section 23.69 is amended by: 

a. Revising the title of the section and 

the first sentence of paragraph (a) to 

read as set forth below; 

b. Revising the first two sentences of 

paragraph (c)(3) to read as set forth 

below; 

c. Removing the words ‘‘broken, cut, 

or missing’’ from the first sentence of 

subparagraph (c)(3)(i) and adding in 

their place the words ‘‘inadvertently 

removed, damaged, or lost’’; 

d. Removing the words ‘‘is broken or 

cut’’ from the third sentence of 

subparagraph (c)(3)(i) and adding in 

their place the words ‘‘has been 

inadvertently removed or damaged’’; 

e. Removing the word ‘‘missing’’ in 

the fourth sentence of subparagraph 

(c)(3)(i) and adding in its place the word 

‘‘lost’’; 

f. Adding the words ‘‘or to export 

products made from fur skins’’ 

immediately following the words 

‘‘approved program’’ in subparagraph 

(e)(2); and 

g. Adding the words ‘‘or products 

made from fur skins’’ immediately 

following the words ‘‘To re-export fur 

skins’’ in subparagraph (e)(3). 

§ 23.69 How can I trade internationally in 

fur skins and fur skin products of bobcat, 

river otter, Canada lynx, gray wolf, and 

brown bear harvested in the United States? 

(a) * * * For purposes of this section, 

CITES furbearers means bobcat (Lynx 

rufus), river otter (Lontra canadensis), 

Canada lynx (Lynx canadensis), gray 

wolf (Canis lupus), and brown bear 

(Ursus arctos) harvested in the United 

States. * * * 

* * * * * 

(c) Fur skins without a CITES tag 

permanently attached may not be 

exported or re-exported. If the CITES tag 

has been inadvertently removed, 

damaged, or lost you may obtain a 

replacement tag. * * * 

* * * * * 

40. Section 23.70 is amended by: 

a. Adding the word ‘‘tamperresistant,’’ immediately following the 

word ‘‘Be’’ in subparagraph (d)(1)(i); 

b. Revising subparagraph (d)(1)(ii) to 

read as set forth below; 

c. Adding the word ‘‘skin’’ 

immediately before the words 

‘‘production or harvest’’ in 

subparagraph (d)(1)(iii); 

d. Revising paragraph (d)(2) to read as 

set forth below; 

e. Revising the first two sentences of 

paragraph (d)(3) to read as set forth 

below; 

f. Removing the words ‘‘broken, cut, 

or missing’’ from the first sentence of 

subparagraph (d)(3)(i) and adding in 

their place the words ‘‘inadvertently 

removed, damaged, or lost’’; 

g. Removing the words ‘‘is broken or 

cut’’ from the fourth sentence of 

subparagraph (d)(3)(i) and adding in 

their place the words ‘‘has been 

inadvertently removed or damaged’’; 

h. Removing the word ‘‘missing’’ in 

the fifth sentence of subparagraph 

(d)(3)(i) and adding in its place the word 

‘‘lost’’; 

i. Adding the word ‘‘skin’’ 

immediately before the words 

‘‘production or harvest’’ in the first 

sentence of subparagraph (d)(3)(ii); 

j. Adding the words ‘‘except for 

products made from American 

alligators,’’ immediately following the 

words ‘‘State or tribal program,’’ in 

subparagraph (h)(1); 

k. Adding the words ‘‘or to export 

products made from American 

alligators,’’ immediately following the 

words ‘‘approved program,’’ in 

subparagraph (h)(2); 

l. Redesignating subparagraph (h)(3) 

as subparagraph (h)(4); and 

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m. Adding a new subparagraph (h)(3) 

to read as set forth below. 

§ 23.70 How can I trade internationally in 

American alligator and other crocodilian 

skins, parts, and products? 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Be permanently stamped with the 

two-letter ISO code for the country of 

origin, a unique serial number, a 

standardized species code (available on 

our Web site; see § 23.7), and for 

specimens of species from populations 

that have been transferred from 

Appendix I to Appendix II for ranching, 

the year of skin production or harvest. 

For American alligator, the export tags 

include the US–CITES logo, an 

abbreviation for the State or Tribe of 

harvest, a standard species code (MIS = 

Alligator mississippiensis), the year of 

skin production or harvest, and a 

unique serial number. 

* * * * * 

(2) Skins, flanks, and chalecos must 

be individually tagged. 

* * * * * 

(3) Skins without a non-reusable tag 

permanently attached may not be 

exported or re-exported. If the tag has 

been inadvertently removed, damaged, 

or lost you may obtain a replacement 

tag. * * * 

* * * * * 

(h) * * * 

(3) To re-export crocodilian 

specimens, complete Form 3–200–73 

and submit it to either FWS Law 

Enforcement or the U.S. Management 

Authority. 

* * * * * 

41. Section 23.71 is amended by: 

a. Revising paragraph (a) to read as set 

forth below; 

b. Adding a sentence to the end of 

subparagraphs (b)(1)(i), (b)(1)(iv), and 

(b)(1)(v) to read as set forth below; 

c. Revising subparagraph (b)(1)(ii) to 

read as set forth below; 

d. Adding a sentence to the end of 

(b)(2)(iv) to read as set forth below; 

e. Revising (b)(3)(iii) to read as set 

forth below; 

f. Removing the words ‘‘and caviar 

products that consist’’ from paragraph 

(g) and adding in their place the words 

‘‘that consists’’; 

g. Adding the words ‘‘or Form 3–200– 

80’’ immediately following the words 

‘‘Form 3–200–76’’ in the third sentence 

of paragraph (h); 

h. Removing the words ‘‘to FWS Law 

Enforcement’’ from the end of the last 

sentence in paragraph (h) and adding in 

their place the words ‘‘either to FWS 

Law Enforcement or the U.S. 

Management Authority’’; and 

i. Adding new paragraph (i) to read as 

set forth below. 

§ 23.71 How can I trade internationally in 

sturgeon caviar? 

(a) U.S. and foreign provisions. For 

the purposes of this section, sturgeon 

caviar or caviar means the processed roe 

of any species of sturgeon or paddlefish 

(order Acipenseriformes). It does not 

include sturgeon or paddlefish eggs 

contained in shampoos, cosmetics, 

lotions, or other products for topical 

application. The import, export, or reexport of sturgeon caviar must meet the 

requirements of this section and the 

other requirements of this part. The 

import, export, or re-export of 

Acipenseriformes specimens other than 

caviar must meet the other requirements 

of this part. See subparts B and C for 

prohibitions and application 

procedures. 

(b) * * * 

(1) * * * 

(i) * * * In the United States, the 

design of the label will be determined 

by the labeler in accordance with the 

requirements of this section. 

(ii) Primary container means any 

container (tin, jar, pail or other 

receptacle) in direct contact with the 

caviar. 

* * * * * 

(iv) * * * In the United States, this 

may be done by the person who 

harvested the roe. 

(v) * * * This includes any facility 

where caviar is removed from the 

container in which it was received and 

placed in a different container. 

* * * * * 

(2) * * * 

(iv) * * * This is either the calendar 

year in which caviar was harvested or, 

for caviar imported from shared stocks 

subject to quotas, the quota year in 

which it was harvested. 

* * * * * 

(3) * * * 

(iii) Lot identification number or, for 

caviar that is being re-exported, the 

CITES document number under which 

it was imported may be used in place of 

the lot identification number. 

* * * * * 

(i) CITES register of exporters and of 

processing and repackaging plants. The 

CITES Secretariat maintains a ‘‘Register 

of licensed exporters and of processing 

and repackaging plants for specimens of 

sturgeon and paddlefish species’’ on its 

Web site. If you hold a current import/ 

export license issued by FWS Law 

Enforcement and wish to be added to 

the CITES register, you may submit your 

contact information and processing or 

repackaging plant codes to the U.S. 

Management Authority for submission 

to the CITES Secretariat. 

42. Section 23.74 is amended by: 

a. Revising paragraph (b) to read as set 

forth below; 

b. Revising paragraph (d) to read as 

set forth below; and 

c. Adding a new paragraph (e) to read 

as set forth below. 

§ 23.74 How can I trade internationally in 

personal sport-hunted trophies? 

* * * * * 

(b) Sport-hunted trophy means a 

whole dead animal or a readily 

recognizable part or derivative of an 

animal specifically identified on 

accompanying CITES documents that 

meets the following criteria: 

(1) Is raw, processed, or 

manufactured; 

(2) Was legally obtained by the hunter 

through hunting for his or her personal 

use; 

(3) Is being imported, exported, or reexported by or on behalf of the hunter 

as part of the transfer from its country 

of origin ultimately to the hunter’s 

country of usual residence; and 

(4) Includes worked, manufactured, or 

handicraft items made from the sporthunted animal only when: 

(i) Such items are contained in the 

same shipment as raw or tanned parts 

of the sport-hunted animal and are for 

the personal use of the hunter; 

(ii) The quantity of such items is no 

more than could reasonably be expected 

given the number of animals taken by 

the hunter as shown on the license or 

other documentation of the authorized 

hunt accompanying the shipment; and 

(iii) The accompanying CITES 

documents (export document and, if 

appropriate, import permit) contain a 

complete itemization and description of 

all items included in the shipment. 

* * * * * 

(d) Quantity. The following 

provisions apply to the issuance and 

acceptance of U.S. and foreign 

documents for sport-hunted trophies 

originating from a population for which 

the Conference of the Parties has 

established an export quota. The 

number of trophies that one hunter may 

import in any calendar year for the 

following species is: 

(1) No more than two leopard 

(Panthera pardus) trophies. 

(2) No more than one markhor (Capra 

falconeri) trophy. 

(3) No more than one black rhinoceros 

(Diceros bicornis) trophy. 

(e) Marking or tagging. 

(1) The following provisions apply to 

the issuance and acceptance of U.S. and 

foreign documents for sport-hunted 

trophies originating from a population 

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for which the Conference of the Parties 

has established an export quota. Each 

trophy imported, exported, or reexported must be marked or tagged in 

the following manner: 

(i) Leopard and markhor: Each raw or 

tanned skin must have a self-locking tag 

inserted through the skin and 

permanently locked in place using the 

locking mechanism of the tag. The tag 

must indicate the country of origin, the 

number of the specimen in relation to 

the annual quota, and the calendar year 

in which the specimen was taken in the 

wild. A mounted sport-hunted trophy 

must be accompanied by the tag from 

the skin used to make the mount. 

(ii) Black rhinoceros: Parts of the 

trophy, including, but not limited to, 

skin, skull, or horns, whether mounted 

or loose, should be individually marked 

with reference to the country of origin, 

species, the number of the specimen in 

relation to the annual quota, and the 

year of export. 

(iii) Crocodilians: See marking 

requirements in § 23.70. 

(iv) The export permit or re-export 

certificate or an annex attached to the 

permit or certificate must contain all the 

information that is given on the tag. 

(2) African elephant (Loxodonta 

africana). The following provisions 

apply to the issuance and acceptance of 

U.S. and foreign documents for sporthunted trophies of African elephant. 

The trophy ivory must be legibly 

marked by means of punch-dies, 

indelible ink, or other form of 

permanent marking, under a marking 

and registration system established by 

the country of origin, with the following 

formula: The country of origin 

represented by the corresponding twoletter ISO country code; the last two 

digits of the year; the serial number for 

the year in question; and the weight of 

the ivory in kilograms. The mark must 

be highlighted with a flash of color and 

placed on the lip mark area. The lip 

mark area is the area of a whole African 

elephant tusk where the tusk emerges 

from the skull and which is usually 

denoted by a prominent ring of staining 

on the tusk in its natural state. 

* * * * * 

43. Section 23.75 is added to read as 

set forth below: 

§ 23.75 How can I trade internationally in 

vicun ̃a (Vicugna vicugna)? 

(a) U.S. and foreign general 

provisions. The import, export, or reexport of specimens of vicun ̃ a must 

meet the requirements of this section 

and the other requirements of this part 

(see subparts B and C for prohibitions 

and application procedures). Certain 

populations of vicun ̃ a are listed in 

Appendix II for the exclusive purpose of 

allowing international trade in wool 

sheared from live vicun ̃ as, cloth made 

from such wool, and products 

manufactured from such wool or cloth. 

All other specimens of vicun ̃ a are 

deemed to be specimens of species 

included in Appendix I. 

(b) Vicun ̃ a Convention means the 

Convenio para la Conservacio ́n y 

Manejo de la Vicun ̃ a of which vicun ̃ a 

range countries are signatories. 

(c) Vicun ̃ a logotype means the 

logotype adopted by the vicun ̃ a range 

countries under the Vicun ̃ a Convention. 

(d) Country of origin for the purposes 

of the vicun ̃ a label means the name of 

the country where the vicun ̃ a wool in 

the cloth or product originated. 

(e) Wool sheared from live vicun ̃ a, 

cloth from such wool, and products 

manufactured from such wool or cloth 

may be imported from Appendix-II 

populations only when they meet the 

labeling requirements in paragraph (f) of 

this section. 

(f) Labeling requirements. Except for 

cloth containing CITES pre-Convention 

wool of vicun ̃ a, you may import, export, 

or re-export vicun ̃ a cloth only when the 

reverse side of the cloth bears the 

vicun ̃ a logotype and the selvages bear 

the words ‘‘VICUN ̃ A—COUNTRY OF 

ORIGIN’’. Specimens of other products 

manufactured from vicun ̃ a wool or cloth 

must bear a label that has the vicun ̃ a 

logotype and the designation 

‘‘VICUN ̃ A—COUNTRY OF ORIGIN— 

ARTESANIA’’. Each specimen must 

bear such a label. For import into the 

United States of raw wool sheared from 

live vicun ̃ a, see the labeling 

requirements in 50 CFR 17.40(m). 

44. Section 23.84 is amended by: 

a. Removing the word ‘‘four’’ and 

adding in its place the word ‘‘three’’ in 

the first sentence of paragraph (b); 

b. Removing the words ‘‘assist the 

Nomenclature Committee in the 

development and maintenance of’’ in 

subparagraph (b)(2)(i) and adding in 

their place the words ‘‘develop and 

maintain’’; 

c. Adding subparagraph (b)(2)(iii) to 

read as set forth below; and 

d. Removing subparagraph (b)(3). 

§ 23.84 What are the roles of the 

Secretariat and the committees? 

* * * * * 

(b) * * * 

(2) * * * 

(iii) The CoP appoints a specialist on 

zoological nomenclature to the Animals 

Committee and a specialist on botanical 

nomenclature to the Plants Committee. 

These specialists are ex officio and nonvoting, and are responsible for 

developing or identifying standard 

nomenclature references for wildlife 

and plant taxa and making 

recommendations on nomenclature to 

Parties, the CoP, other committees, 

working groups, and the Secretariat. 

45. Section 23.92 is amended by: 

a. Removing the words ‘‘paragraph 

(b)’’ and adding in their place the words 

‘‘paragraphs (b) and (c)’’ in paragraph 

(a); 

b. Removing the words ‘‘and do not 

need CITES documents’’ from the first 

sentence of paragraph (b); 

c. Revising subparagraph (b)(2) to read 

as set forth below; 

d. Adding the introductory text of a 

new paragraph (c) and a subparagraph 

(c)(1) to read as set forth below; and 

e. Redesignating subparagraphs (b)(3) 

through (b)(8) as subparagraphs (c)(2) 

through (c)(7). 

§ 23.92 Are any wildlife or plants, and their 

parts, products, or derivatives, exempt? 

* * * * * 

(b) * * * 

(2) Plant hybrids. Specimens of an 

Appendix-II or -III plant taxon with an 

annotation that specifically excludes 

hybrids. 

(c) The following are exempt from 

CITES document requirements when 

certain criteria are met. 

(1) Plant hybrids. Seeds and pollen 

(including pollinia), cut flowers, and 

flasked seedlings or tissue cultures of 

hybrids that qualify as artificially 

propagated (see § 23.64) and that were 

produced from one or more AppendixI species or taxa that are not annotated 

to treat hybrids as Appendix-I 

specimens. 

* * * * * 

Appendix A to 50 CFR Chapter I— 

[Amended] 

46. Remove Appendix A to Chapter I. 

Dated: February 1, 2012. 

Eileen Sobeck, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–4986 Filed 3–7–12; 8:45 am] 

BILLING CODE 4310–55–P 

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