Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18731

action, no further activity is

contemplated in relation to this action.

If EPA receives adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this action

should do so at this time.

DATES: Comments on this proposed rule

must be received in writing by May 19,

1997.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Bay Area Air Quality Management

District, Rule Development Section,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1185.

SUPPLEMENTARY INFORMATION: This

document concerns the following

BAAQMD rules: Regulation 9, Rule 7,

NOX and CO from Industrial,

Institutional, and Commercial Boilers,

Steam Generators, and Process Heaters;

Regulation 9, Rule 8, NO X and CO

Emissions from Stationary Internal

Combustion Engines; Regulation 9, Rule

9, NO X from Stationary Gas Turbines;

Regulation 9, Rule 11, NO X and CO

from Utility Electric Power Generating

Boilers; and Regulation 9, Rule 12, NO X

from Glass Melting Furnaces. These

rules were submitted to EPA by the

California Air Resources Board on July

23, 1996. For further information, please

see the information provided in the

direct final action which is located in

the Rules section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Date signed: February 7, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–9947 Filed 4–16–97; 8:45 am]

BILLING CODE 6560–50–W

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

Foreign Proposals To Amend

Appendices to the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of amendments to CITES

Appendices proposed by foreign

countries and public meeting.

SUMMARY: The Convention on

International Trade in Endangered

Species of Wild Fauna and Flora (CITES

or Convention) regulates international

trade in certain animals and plants.

Species for which trade is controlled are

listed in Appendices I, II, and III to

CITES. Any country that is a party to

CITES may propose amendments to

Appendix I or II for consideration by the

other Parties.

This notice announces the tentative

negotiating positions of the United

States on proposals submitted by Parties

other than the United States and invites

information and comments on these

proposals in order to develop

negotiating positions for the U.S.

delegation. The proposals will be

considered at the tenth regular Meeting

of the Conference of the Parties (COP10)

to be held in Harare, Zimbabwe, June 9–

20, 1997.

DATES: The U.S. Fish and Wildlife

Service (Service) will consider all

comments received through May 9,

1997, in developing negotiating

positions. In addition the public will

have opportunity for input at a public

meeting to be held on April 25, 1997

(see elsewhere in this notice). The

Service plans to publish a notice of its

negotiating positions prior to COP10.

ADDRESSES: Please send correspondence

concerning this notice to Chief, Office of

Scientific Authority; 4401 North Fairfax

Drive, Room 750; Arlington, Virginia

22203. Fax number 703–358–2276.

Comments and other information

received will be available for public

inspection by appointment, from 8 a.m.

to 4 p.m. Monday through Friday, at the

above address.

FOR FURTHER INFORMATION CONTACT: Dr.

Marshall A. Howe (animal proposals) or

Dr. Bruce MacBryde (plant proposals),

Office of Scientific Authority, at the

above address; telephone 703–358–

1708.

SUPPLEMENTARY INFORMATION:

Background

The Convention on International

Trade in Endangered Species of Wild

Fauna and Flora, hereinafter referred to

as CITES or the Convention, is an

international treaty designed to regulate

international trade in certain animal and

plant species which are or may become

threatened with extinction and are

listed in Appendices to the Convention.

Currently, 135 countries, including the

United States, are CITES Parties. CITES

calls for biennial meetings of the

Conference of the Parties, which review

its implementation, make provisions

enabling the CITES Secretariat in

Switzerland to carry out its functions for

the Parties, consider amendments to the

list of species in Appendices I and II,

consider reports presented by the

Secretariat, and make recommendations

for improving the effectiveness of the

Convention. The tenth regular meeting

of the Conference of the Parties (COP10)

will be held in Harare, Zimbabwe, June

9–20, 1997.

This notice is part of a series of

notices which, together with public

meetings, encourage the public to

participate in the development of the

U.S. positions for COP10. In a March 1,

1996 Federal Register notice (61 FR

8019), the Service requested public

recommendations or draft proposals to

amend Appendix I or II that the United

States might consider proposing at

COP10. That notice described the

provisions of CITES for listing species

in the Appendices and set forth

information requirements for proposals,

based on new listing criteria adopted by

the Parties at COP9. Federal Register

notices on August 28, 1996 (61 FR

44324) and December 20, 1996 (61 FR

67293) requested additional comments

from the public on species proposals

still being considered after review of

materials received in response to the

March 1, 1996, notice. On the basis of

a thorough review of comments

received, the Service identified those

proposals that met the listing criteria

and presented the most compelling

bases for amending the Appendices.

These proposals to amend the

Appendices were submitted to the

CITES Secretariat on January 10, 1997,

to be considered and voted upon by the

Parties at COP10. The decisions on the

various proposals and the rationale for

each will be published in another

Federal Register notice.
18732 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

This notice announces proposals

submitted by Parties other than the

United States for consideration at the

forthcoming meeting of the Parties and

sets forth tentative negotiating positions

of the United States on foreign

proposals. CITES regulates import,

export, re-export, and introduction from

the sea of certain animal and plant

species. Species for which trade is

controlled are included in three

Appendices. Appendix I includes

species threatened with extinction that

are or may be affected by trade.

Appendix II includes species that

although not necessarily now threatened

with extinction may become so unless

trade in them is strictly controlled. It

also includes species that must be

subject to regulation in order that trade

in other currently or potentially

threatened species may be brought

under effective control (e.g., because of

difficulty in distinguishing specimens of

currently or potentially threatened

species from those of other species).

Appendix III includes species that any

Party nation identifies as being subject

to regulation within its jurisdiction for

purposes of preventing or restricting

exploitation, and for which it needs the

cooperation of other Parties in

controlling trade.

Any Party nation may propose

amendments to Appendices I and II for

consideration at the meetings of the

Conference of the Parties. The text of

any proposal must be communicated to

the CITES Secretariat at least 150 days

before the meeting. The Secretariat must

then consult the other Parties and

appropriate intergovernmental agencies,

and communicate their responses and

the Secretariat’s own findings and

recommendations to all Parties no later

than 30 days before the meeting.

Amendments to the Appendices are

adopted by a two-thirds majority of the

Parties present and voting.

Information Sought

The Service solicits comments on

tentative negotiating positions for the

United States on proposed species

amendments submitted by Parties other

than the United States. Information is

also sought on the biological status of

the affected species, on the amount and

type of trade in specimens of the

species, and on the impact of trade on

their populations, especially as it relates

to any potential effects on survival of

the species in all or parts of its range.

Comments that provide this information

based on the new criteria for adding or

removing species from the Appendices

(Resolution Conf. 9.24) would be

especially helpful. The Service will

solicit comments on tentative U.S.

positions for items on the COP10 agenda

other than proposed amendments to the

Appendices, in another Federal Register

notice.

The present, tentative negotiating

positions for the United States are based

mainly on review of information

presented in the proposals submitted by

proponents and in terms of the criteria

in Resolution Conf. 9.24, adopted at

COP9. Several proposals have not yet

been fully translated into English from

the Spanish or French. Because

information provided in some of the

proposals or otherwise available to the

Service is too incomplete to allow a

thorough review of their merits, several

of the tentative negotiating positions

presented may be revised as additional

biological and trade data are obtained.

Final guidance for the delegation is to

be based on the best available biological

and trade information, including

comments received in response to this

notice and discussions at COP10 with

other governments, scientists, and

technical experts.

Proposals

In accordance with the provisions of

Article XV, paragraph 1(a) of the

Convention the following CITES Parties,

in addition to the United States, have

submitted proposals for changes to

Appendices I and II of the Convention:

Argentina, Australia, Bangladesh,

Bolivia, Botswana, Bulgaria, Canada,

China, Cuba, Denmark, Finland,

Germany, India, Japan, Jordan,

Madagascar, Mexico, Namibia,

Netherlands, New Zealand, Norway,

Peru, South Africa, Switzerland,

Tanzania, Thailand, Uganda, Venezuela,

and Zimbabwe.

A total of 63 proposals on plant and

animal species were submitted by

countries other than the United States,

including 9 proposals that were

submitted based on the ‘‘Periodic

Review’’ concept first adopted at the

1981 Conference of the Parties in New

Delhi, India. The Periodic Review

process seeks to correct or clarify the

inclusion of species listed at the

Plenipotentiary Conference and COP1,

before listing criteria were adopted.

Some of the proposals submitted by

Switzerland under this process

recommend the deletion from the

Appendices of those species that have

not been reported in trade, unless the

species should be included in Appendix

II because of similarity in appearance to

related taxa that do appear in trade.

It is the U.S. position (and has been

at earlier COPs) that the lack of reported

trade for some species should not be the

sole basis for their deletion from the

Appendices. The lack of reported trade

for some species proposed for deletion

from the Appendices may be due to (1)

their rarity, (2) effective limits on trade

by range States for the benefit of the

species in that the range States may

determine that trade would be

detrimental to the survival of the

species, or (3) the lack of proper

documentation on the reporting of trade.

Consequently, the Service does not

believe that lack of appearance in trade

is, by itself, a sufficient reason to

warrant the removal of a taxon from the

Appendices. In establishing a tentative

negotiating position on these ‘‘Periodic

Review’’ delisting proposals, the Service

considered the degree of vulnerability of

the species and the likelihood of it

entering trade, and the net conservation

effect of delisting.

Proposals submitted by Parties other

than the United States are listed in the

following table. Tentative negotiating

positions and the basis for making them

are indicated. These tentative positions

were developed largely on the basis of

the information contained in the

proposals unless the Service has

information on the species in its files,

particularly from earlier COPs or

meetings of permanent CITES

committees. If insufficient population

and/or trade information was provided,

the United States’ current position is to

either oppose the proposal or consider

it still under review, depending upon

the particular circumstances, pending

receipt of additional information. The

complete text of each proposal received

is available for public inspection at the

Service’s Office of Scientific Authority

(see ADDRESSES above). The text of any

referenced resolution from previous

meetings of the Conference of the

Parties is available from the Service’s

Office of Scientific Authority or Office

of Management Authority.

Proposed amendments and tentative

United States negotiating positions are

as follows:
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18733

Species Proposed amendment Proponent Tentative U.S. position

Mammals

Order Diprotodontia:

Burramys parvus (Mountain pygmy

possum).

Deletion from Appendix II ........................... Australia ............................... Support.1

Dendrolagus bennettianus (Bennett’s

tree kangaroo).

Deletion from Appendix II ........................... Australia ............................... Support.1

Dendrolagus lumholtzi (Lumholtz’s tree

kangaroo).

Deletion from Appendix II ........................... Australia ............................... Support.1

Order Xenarthra:

Chaetophractus nationi (Hairy armadillo).Inclusion in Appendix I ................................ Bolivia ................................... Support.1

Order Cetacea:

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

Appendix I to II.

Japan ................................... Oppose.2

Balaenoptera acutorostrata (Minke

whale).

Transfer of the Okhotsk Sea West Pacific

and the Southern Hemisphere stocks

from Appendix I to II.

Japan ................................... Oppose.2

Balaenoptera acutorostrata (Minke

whale).

Transfer of the Northeast Atlantic and the

North Atlantic Central stocks from Appendix I to II.

Norway ................................. Oppose.2

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

from Appendix I to II.

Japan ................................... Oppose.2

Order Carnivora:

Ursus arctos (Brown bear) ................... Transfer of all Asian and European populations from Appendix II to I.Bulgaria and Jordan ............. Under review.3

Ursus arctos (Brown bear) ................... Transfer of all Asian and European populations from Appendix II to I.Finland ................................. Under review.3

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

hunting trophies of zero in 1997, 1998,

and 1999 and of 50 thereafter.

Venezuela ............................ Oppose.4

Order Proboscidea:

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

Appendix I to II, with certain annotations.5

Botswana, Namibia, and

Zimbabwe.

Under review.6 7 8

Loxodonta africana (African elephant) Transfer of the Namibian population from

Appendix I to II, with certain annotations.9

Botswana, Namibia, and

Zimbabwe.

Under review.6 8 10

Loxodonta africana (African elephant) Transfer of the Zimbabwean population

from Appendix I to II, with certain annotations.11

Botswana, Namibia, and

Zimbabwe.

Under review.6 8 12

Order Perissodactyla:

Ceratotherium simum simum (Southern white rhinoceros).Amendment to annotation 503 in the

CITES Appendices to allow trade in

parts and derivatives but with a zero export quota.

South Africa ......................... Oppose.13

Order Artiodactyla:

Pecari tajacu (Collared peccary) .......... Deletion from Appendix II (Mexican population).Mexico .................................. Oppose.14

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

Appendix II 15.

Argentina .............................. Under review.16

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

Appendix II 17.

Bolivia ................................... Support.1 18

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

CITES Appendices to replace the words

‘‘VICUN ̃ ANDES-CHILE’’ and

‘‘VICUN ̃ ANDES-PERU’’ with the words

‘‘VICUN ̃ A-COUNTRY OF ORIGIN’’.

Peru ...................................... Support.19

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

CITES Appendices list) to allow also the

countries that are members of the

Vicun ̃a Convention to utilize the term

VICUN ̃ A-PAIS DE ORIGENARTESANIA, along with the authorized

trademark, on luxury handicrafts and

knitted articles made of wool sheared

from live vicun ̃as from Appendix II populations.

Peru ..................................... Support.19

Elaphurus davidianus (Pe`re David’s

deer).

Inclusion in Appendix II ............................... Argentina and China ............ Support.1

Bison bison athabascae (Wood bison) Transfer from Appendix I to II in accordance with precautionary measure B.2.b

of Resolution Conf. 9.24, Annex 4.

Canada ................................ Under review.20
18734 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Species Proposed amendment Proponent Tentative U.S. position

Bos javanicus (Banteng) ...................... Inclusion in Appendix I ................................ Thailand ............................... Support.1 21

Bubalus arnee (Water buffalo) ............. Include in Appendix I .................................. Thailand ............................... Support.1

Ovis ammon nigrimontana (Kara Tau

argali).

Transfer from Appendix II to I ..................... Germany .............................. Support.1

Birds

Order Galliformes

Pauxi pauxi (Northern helmeted

curassow).

Inclusion in Appendix II ............................... Netherlands .......................... Oppose.22

Pauxi unicornis (Horned curassow) ..... Inclusion in Appendix II ............................... Netherlands .......................... Oppose.22

Order Gruiformes

Turnix melanogaster (Black-breasted

button-quail).

Deletion from Appendix II ............................ Australia ............................... Oppose.23

Pedionomus torquatus (Plains wanderer).Deletion from Appendix II ........................... Australia ............................... Support.1

Gallirallus australis hectori (Eastern

weka rail).

Deletion from Appendix II ........................... New Zealand ........................ Support.1

Order Psittaciformes

Amazona agilis (Black-billed parrot) .... Transfer from Appendix II to I ..................... Germany .............................. Support.1

Amazona viridigenalis (Red-crowned

parrot).

Transfer from Appendix II to I ..................... Germany .............................. Support.1

Cacatua sulphurea (Lesser sulphurcrested cockatoo).Transfer from Appendix II to I ..................... Germany .............................. Support.1

Eunymphicus cornutus uvaeensis

(Ouvea horned parakeet).

Transfer from Appendix II to I ..................... Germany .............................. Oppose.24

Vini kuhlii (Kuhl’s lorikeet) .................... Transfer from Appendix II to I ..................... Germany .............................. Support.1

Vini peruviana (Tahitian lorikeet) ......... Transfer from Appendix II to I ..................... Germany .............................. Support.1

Vini ultramarina (Ultramarine lorikeet) Transfer from Appendix II to I ..................... Germany .............................. Support.1

Order Coraciiformes:

Aceros waldeni (Writhed-billed hornbill) Transfer from Appendix II to I ..................... Germany .............................. Support.1

Order Passeriformes:

Leiothrix argentauris (Silver-eared

mesia).

Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Leiothrix lutea (Red-billed leiothrix) ...... Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Liocichla omeiensis (Omei Shan

liocichla).

Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Tangara fastuosa (Seven-colored tanager).Inclusion in Appendix II ............................... Germany and the Netherlands.Support.1

Amandava formosa (Green avadavat) Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Padda oryzivora (Java sparrow) .......... Inclusion in Appendix II ............................... Netherlands .......................... Support.1

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

Phillipines.

Support.1

Reptiles

Order Testudinata:

Callagur borneoensis (Painted terrapin).Inclusion in Appendix II ............................... Germany .............................. Support.1

Eretmochelys imbricata (Hawksbill sea

turtle).

Transfer of the Cuban population from Appendix I to II with certain annotations 25.Cuba .................................... Oppose.14

Order Crocodylia:

Caiman latirostris (Broad-snouted

caiman).

Transfer of the Argentine population from

Appendix I to II, pursuant to resolution

on ranching.

Argentina .............................. Under review.26

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

Appendix II, pursuant to resolution on

ranching.

Madagascar ......................... Under review.26

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

1000 skins and 100 hunting trophies

from wild animals for the years 1998–

2000.

Tanzania .............................. Under review.26

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

Appendix II, pursuant to resolution on

ranching.

Uganda ................................ Under review.26

Order Sauria:

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

from Appendix I to II subject to annual

export quotas of 150,000 skins in 1997

and 225,000 in 1998 and 1999.

Bangladesh .......................... Oppose.14
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18735

Species Proposed amendment Proponent Tentative U.S. position

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

from Appendix I to II subject to annual

export quotas of 100,000 skins in 1997,

1998, and 1999.

Bangladesh .......................... Oppose.14

Amphibians

Order Anura:

Mantella bernhardi (Golden mantella) .. Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Mantella cowani (Golden mantella) ...... Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Mantella haraldmeieri (Golden

mantella).

Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Mantella viridis (Golden mantella) ........ Inclusion in Appendix II ............................... Netherlands .......................... Support.1

Mollusks

Class Gastropoda:

Paryphanta spp. (New Zealand amber

snails).

Deletion from Appendix II ........................... Switzerland ........................... Support.1

Other Animal Proposals

Any Appendix II species annotated to limit

the trade to certain types of specimens.

Amendment to the relevant annotations of

Appendix II species annotated to limit

the trade to certain types of specimens,

to include the following wording: ‘‘All

other specimens shall be deemed to be

specimens of species included in Appendix I and the trade in them shall be regulated accordingly’’.

Switzerland ........................... Support.27

Plants—General

Araliaceae: Panax quinquefolius (American

ginseng).

Amend the Appendix II listing of this species (cf. current annotation #3), to include only the following parts: ‘‘Roots

and specimens recognizable as being

parts of roots’’.

Switzerland ........................... Support.28 29

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

(cf. current annotation #4), to include

seeds of cacti from Mexico, except those

seeds obtained from artificial propagation

in Production Units.

Mexico .................................. Support.1 6 30

Leguminosae (Fabaceae): Pericopsis elata

(Afrormosia), and Meliaceae: Swietenia

mahagoni (Caribbean mahogany).

Amend the Appendix II listing of these two

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

sawn wood, and veneer sheets’’.

Switzerland ........................... Support.31

Proteaceae:

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

accordance with precautionary measure

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

South Africa ......................... Support.1

Protea odorata (Ground-rose or

Swartland sugarbush).

Transfer from Appendix I to Appendix II, in

accordance with precautionary measure

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

South Africa ......................... Oppose.14 23 32

Scrophulariaceae: Picrorhiza kurrooa

(Kutki).

Include in Appendix II, along with only the

following parts 33: ‘‘Roots [i.e.,rhizomes/

rootstocks] and readily recognizable

parts thereof’’.

India ..................................... Support.1 29

Theaceae: Camellia chrysantha, which is

Camellia petelotii in part (Golden-flowered camellia).

Delete from Appendix II. ............................. China .................................... Support.1

Valerianaceae: Nardostachys grandiflora

(=Nardostachys jatamansi misapplied)

(Himalayan nard or spikenard).

Include in Appendix II, along with only the

following parts 33: ‘‘Roots [i.e.,rhizomes/

rootstocks] and readily recognizable

parts thereof’’.

India ..................................... Support.1 29

Plants—Artificial Propagation

Families other than Orchidaceae (Orchids) Amend the listings of most plant families

now in Appendix II (current annotations

#1, #2, #4, and #8), to also exclude the

following part: ‘‘Cut flowers of artificially

propagated plants’’.

Switzerland ........................... Oppose 14 34
18736 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Species Proposed amendment Proponent Tentative U.S. position

Cactaceae spp. (Cacti): (1) Hybrid Easter

cactus; (2) Christmas cactus, or Crab

cactus; (3) Red cap cactus, Oriental

moon cactus; and (4) Bunny ears cactus..

Amend the Appendix II listing for this family

(cf. current annotation #4), to exclude artificially propagated specimens of the following hybrids and/or cultivars: (1)

Hatiora graeseri (= H. gaertneri H.

rosea); (2) Schlumbergera (=

Zygocactus) hybrids and cultivars [sic] 35

(S. truncata cultivars, and its hybrids with

S. opuntioides [= S. exotica], S.

orssichiana, and S. russelliana [= S.

buckleyi]); (3) Gymnocalycium

mihanovichii cultivars (those lacking

chlorophyll, grafted 36); and (4) Opuntia

microdasys.

Denmark ............................... Under review.37

Euphorbiaceae: Succulent Euphorbia spp.

(Succulent euphorbs): Three-ribbed milk

tree.

Amend the Appendix II listing of succulent

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

Euphorbia trigona cultivars.38.

Denmark ............................... Under review.37

Primulaceae: Cyclamen spp. (Cyclamens):

Florist’s cyclamen.

Amend the Appendix II listing of Cyclamen

spp., with an annotation to exclude artificially propagated specimens of the hybrids and cultivars of Cyclamen

persicum, except when traded as dormant tubers.

Denmark ............................... Under review.37

1The listing, uplisting, downlisting, or delisting of this taxon (or parts in the case of some plants) appears to be consistent with the relevant biological, trade, and precautionary criteria of Resolution Conf. 9.24. 2The United States continues to support the 1978 request from the International Whaling Commission (IWC) to take all possible measures to

support the IWC ban on commercial whaling for certain species and stocks of whales and therefore opposes the transfer of this species from Appendix I to Appendix II. 3The proposal from Bulgaria and Jordan defers to the details presented in the proposal from Finland. Although it is clear that the European

populations of this species not presently included in Appendix I meet the criteria for Appendix I, the United States is not presently convinced by

the proposal or other information that the remaining populations proposed for transfer to Appendix I qualify. Russian populations are subject to a

managed sport harvest that appears to be in itself sustainable, but these populations in particular are prone to illegal take for medicinal products.

The proposal remains under review, while the United States seeks additional information on the magnitude of the threat of illegal trade in Russian and eastern Asian populations to determine if the proposal is warranted in its entirety. 4The proposal acknowledges that the jaguar population proposed for phased-in trophy-hunting may be the most threatened population in the

country. The United States opposes this proposal without (a) a more convincing case that trophy hunting will not add to existing pressure on the

jaguar population and (b) a management plan involving comprehensive population monitoring in the affected area. 5Annotated to allow: (a) The direct export of registered stocks of wholeraw tusks of Botswana origin to one trading partner (Japan) subject to

annual quotas of 12.68 t. in 1998 and 1999; (b) international trade in hunting trophies; and (c) international trade in live animals to appropriate

and acceptable destinations. 6The proposal presents biological information that supports the proposed action.

7The Panel of Experts report on this proposal noted deficiencies in the record-keeping system for the ivory stockpile and showed there is no

clear plan for use of ivory revenues to benefit elephant conservation. It also noted the existence of some movement of ivory through the country.

The United States has concerns about these reported deficiencies and about the adequacy of trade controls in the importing country. 8The United States is consulting other African elephant range states to determine whether adoption of this proposal by the Parties would

cause conservation concerns in other portions of the species’ range. 9Annotated to allow: (a) The direct export of registered stocks of whole raw tusks of Namibian origin owned by the government of Namibia to

one trading partner (Japan) that will not re-export, subject to annual quotas that will not exceed 6900 kg. between September 1997 and August

1998 and between September 1998 and August 1999; (b) international trade in live animals to appropriate and acceptable destinations for noncommercial purposes; and (c) international trade in hunting trophies for non-commercial purposes. 10Although noting there is probably some movement of ivory through the country, the Panel of Experts reported satisfactory to excellent internal management controls in Namibia and an excellent legal structure for establishing a conservation fund with ivory stock sale revenues. The

Panel concluded that the proposal would likely benefit elephant conservation in Namibia. The United States has concerns about the adequacy of

trade controls in the importing country. 11Annotated to allow: (a) The direct export of registered stocks of whole raw tusks to one trading partner (Japan) subject to annual quotas of

10 t. in 1998 and 1999; b) international trade in hunting trophies; c) international trade in live animals to appropriate and acceptable destinations;

d) international trade in non-commercial shipments of leather articles and ivory carvings; and e) export of hides. 12The Panel of Experts noted deficiencies in trade enforcement controls in Zimbabwe, including failure to prevent illegal exports of large commercial shipments of worked ivory, and showed there is no clear plan for use of ivory revenues to benefit elephant conservation. It also noted the

existence of significant movement of ivory through the country. The United States has concerns about these reported deficiencies and about the

adequacy of trade controls in the importing country. 13While acknowledging the excellent record of the government of South Africa in restoring populations of this species, the United States is

concerned about potential detrimental effects of re-opening a legal international trade in rhinoceros horn. The United States has invested considerable effort into encouraging use of alternatives to rhinoceros horn derivatives in traditional Asian medicines. 14The proposal does not present sufficient biological information to justify the listing, uplisting, downlisting, or delisting as proposed, based on

the criteria in Resolution Conf. 9.24. 15Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja,

and San Juan, Argentina, from Appendix I to II, with an annotation to allow only the international trade in wool sheared from live vicun ̃as, and in

cloth and manufactured items made thereof, under the mark, ‘‘VICUNA ̃ A–ARGENTINA.’’ 16Although the population may no longer meet the biological criteria for Appendix I, more detailed information on population inventory methods

for wild herds and on management and transparency of the conservation fund are desirable in light of the precautionary measures of Annex 4 of

Resolution Conf. 9.24. The proposal remains under review while the United States seeks clarification. 17Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas, Bolivia, from Appendix I to II, with

an annotation to allow only the international trade in cloth and manufactured items made thereof, under the mark, ‘‘VICUN ̃ –BOLIVIA.’’ 18The proposal presents excellent population data and a well conceived approach to development of management plans and follow-through

monitoring of the effectiveness of vicun ̃a management in different socio-economic regimes. 19The United States sees no difficulties with such a change in the labeling of approved products.
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18737

20Although the United States believes that trade in wood bison presently in captivity would have no negative impact on the wild population, the

species, based on information in the proposal, still appears to meet the criteria for retention in Appendix I. The proposal remains under review,

while the United States consults with Canada to obtain clarification on the species’ status. 21The United States supports the exclusion from this proposal of introduced populations remote from the natural range, e.g., the introduced

population of Australia. 22The species does not appear to be subject to international trade. 23Although trade is not recorded, the population is so small that retention in the Appendices would seem advisable as a precautionary measure in the event illegal trade should ever occur. 24Because the subspecies are extremely similar and occur in the same jurisdiction, the proposed split-listing would be practically unenforceable and would be inconsistent with Annex 3 of Resolution Conf. 9.24. 25Annotated to allow: (a) trade in current registered stocks of shell with one trading partner (Japan) that will not re-export; and b) export in one

shipment per year, to the same partner, of shell marked in compliance with Resolution Conf. 5.16, which allows definitive identification of origin,

from a traditional harvest (maximum 500 individuals per year) or from an experimental ranching program (anticipated: 50 individuals in the first

year; 100 in the second year; and 300 in the third year). 26The transfer of certain populations of crocodilians from Appendix I to II is possible pursuant to Resolution Conf. 3.15, 5.16, and 8.22 (ranching) and 9.24 (export quota). The United States is seeking information on whether (1) annual reports will be filed regularly with the CITES Secretariat by the proponent; (2) there is an adequate basis for monitoring the status of wild populations; (3) management plans provide for the return of animals to the wild in numbers as appropriate; and (4) there is an implementable limit on the harvest of wild juveniles and adults. 27The United States believes the recommended language would clarify annotated downlistings, such as that of the South African population of

the white rhinoceros, and eliminates the possibility of misinterpretation or abuse of the downlisting provisions. The United States looks forward to

a detailed discussion of annotated downlistings from legal and technical perspectives at COP10. 28The current listing includes ‘‘Roots and readily recognizable parts thereof’’. The proposed revision is considered to be a minor change, which

would clarify and keep the intent of the 1985 proposal (at COP5) to include whole roots and the larger parts thereof, and to exclude minor pieces

and processed products. Some importing Parties have found that the current annotation can be interpreted too broadly. 29The United States will recommend standardization of the inclusion of the parts for Panax quinquefolius (American ginseng), Picrorhiza

kurrooa (Kutki), and Nardostachys grandiflora (Himalayan nard), with the annotation ‘‘Roots, rhizomes or rootstocks, and specimens recognizable

as being parts thereof’’. This would keep the intent of the proposal of Switzerland for Panax quinquefolius, and the intent of the proposals of

India for the other two species, while accommodating those two species’ different morphology of having rhizomes or rootstocks. 30This proposal is considered necessary to assist enforcement of Mexican law that regulates the export of seeds collected in the wild from

cacti in Mexico. The Government of Mexico, at the November 1996 meeting of the CITES Plants Committee, presented information on recent

violations of Mexican law and over-collection of cactus seeds of various taxa for export to various Party countries. The United States is discussing with Mexico how they intend to administer the differentiation of seeds collected in the wild from seeds produced by artificial propagation in

their Production Units (i.e., nurseries). We understand that this proposal only covers the populations of cacti in Mexico; it does not cover populations of Mexican cacti native beyond Mexico, or specimens of Mexican cacti artificially propagated elsewhere than in Mexico. 31These two current listings include ‘‘Saw-logs, sawn wood, and veneers’’. The proposed revision is considered to be a minor change, which

would correspond to the categories and definitions of HS codes 44.03 (logs), 44.06 and 44.07 (sawn wood), and 44.08 (veneer sheets) in the

Harmonized System of the World Customs Organization. The change was recommended by the CITES Timber Working Group. 32There are so few individuals and populations of this species known in the wild, and so few artificially propagated individuals available in cultivation, that continued inclusion of the species in Appendix I is considered to be a needed precaution. 33The proposal for this species discusses its rhizomes or rootstocks rather than botanical roots. 34The proposal apparently seeks to establish a new standard exclusion for Appendix II taxa, but does not provide information to show that

there presently is an unnecessary regulatory burden on a cut-flower trade in the listed Appendix II taxa (or actual complications in any trading of

their hybrids with Appendix I taxa). Furthermore, the proposal did not address the taxa of Nepal in Appendix III, which also have their listings

standardized with the current annotation #1. The conservation of species in the wild is considered to be better served with the present standard

listing for Appendix II (and Appendix III), to which exceptions could be made if warranted in future proposals for particular taxa (as was done for

the Orchidaceae or orchids). 35This proposal is considered to not include all taxa (or hybrids and cultivars) of Schlumbergera, but just those listed in detail in the proposal

and in this FEDERAL REGISTER notice. 36The proposal stated that the artificially propagated grafting stocks are mostly specimens of Hylocereus species and Harrisia ‘‘Jusbertii’’, but

these taxa (and any other cactus taxa that might be used as grafting stock) were not directly presented for similar exclusion. 37Although the stipulated taxa are artificially propagated extensively, the risk either to other taxa in the wild or to pertinent natural taxa needs

further consideration. The burden for enforcement may be complicated rather than relieved by excluding these artificially propagated specimens.

Nevertheless, minimizing or reducing regulation of artificially propagated specimens, when there is no risk to taxa in the wild, is a worthy goal. 38This proposal is considered not to include Euphorbia hermentiana, which we understand is not a synonym of Euphorbia trigona.

Future Actions

Prior to COP10, the Service will

announce in the Federal Register its

negotiating positions for COP10 on

proposed amendments to the

Appendices by foreign countries. In that

notice the Service will solicit comments

or recommendations on whether the

United States should consider taking a

reservation on any of the proposed

amendments to the Appendices that are

adopted by the Parties. Unless the

United States enters a reservation by

September 18, 1997, any amendments

adopted by the Parties will become

effective on that date. The Service will

publish a notice of proposed rulemaking

that would implement such

amendments. In addition to considering

proposed amendments to the

Appendices at COP10, the Parties may

also consider certain recommendations

by the Nomenclature Committee that

seek to clarify the current listing status

of certain species.

A public meeting will be held on

Friday, April 25, 1997 from 10:00—1:00

at the Department of the Interior: Room

7000, 18th and C Street, NW,

Washington, DC. Please note that this

room is accessible to the handicapped.

This meeting will provide the public an

opportunity to comment on U.S.

positions leading up to COP10. In

addition to foreign species proposals,

the Service will be prepared to discuss

U.S. positions on the Agenda for COP10,

resolutions submitted by other

countries, and any other item of interest

to the public in relation to CITES

COP10.

This notice was prepared by Drs.

Marshall Howe and Bruce MacBryde,

Office of Scientific Authority, under the

authority of the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et

seq.).

Date: April 11, 1997.

Jay L. Gerst,

Director.

[FR Doc. 97–9924 Filed 4–16–97; 8:45 am]

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