[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Proposed Rules]
[Pages 18731-18737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9924]


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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.

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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.

[[Page 18732]]

    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:

[[Page 18733]]



----------------------------------------------------------------------------------------------------------------
              Species                 Proposed amendment         Proponent           Tentative U.S. position    
----------------------------------------------------------------------------------------------------------------
                                                     Mammals                                                    
----------------------------------------------------------------------------------------------------------------
Order Diprotodontia:                                                                                            
    Burramys parvus (Mountain       Deletion from          Australia...........  Support.\1\                    
     pygmy possum).                  Appendix II.                                                               
    Dendrolagus bennettianus        Deletion from          Australia...........  Support.\1\                    
     (Bennett's tree kangaroo).      Appendix II.                                                               
    Dendrolagus lumholtzi           Deletion from          Australia...........  Support.\1\                    
     (Lumholtz's tree kangaroo).     Appendix II.                                                               
Order Xenarthra:                                                                                                
    Chaetophractus nationi (Hairy   Inclusion in Appendix  Bolivia.............  Support.\1\                    
     armadillo).                     I.                                                                         
Order Cetacea:                                                                                                  
    Eschrichtius robustus (Gray     Transfer of the        Japan...............  Oppose.\2\                     
     whale).                         Eastern Pacific                                                            
                                     stock from Appendix                                                        
                                     I to II.                                                                   
    Balaenoptera acutorostrata      Transfer of the        Japan...............  Oppose.\2\                     
     (Minke whale).                  Okhotsk Sea West                                                           
                                     Pacific and the                                                            
                                     Southern Hemisphere                                                        
                                     stocks from Appendix                                                       
                                     I to II.                                                                   
    Balaenoptera acutorostrata      Transfer of the        Norway..............  Oppose.\2\                     
     (Minke whale).                  Northeast Atlantic                                                         
                                     and the North                                                              
                                     Atlantic Central                                                           
                                     stocks from Appendix                                                       
                                     I to II.                                                                   
    Balaenoptera edeni (Bryde's     Transfer of the North  Japan...............  Oppose.\2\                     
     whale).                         Pacific Western                                                            
                                     stock from Appendix                                                        
                                     I to II.                                                                   
Order Carnivora:                                                                                                
    Ursus arctos (Brown bear).....  Transfer of all Asian  Bulgaria and Jordan.  Under review.\3\               
                                     and European                                                               
                                     populations from                                                           
                                     Appendix II to I.                                                          
    Ursus arctos (Brown bear).....  Transfer of all Asian  Finland.............  Under review.\3\               
                                     and European                                                               
                                     populations from                                                           
                                     Appendix II to I.                                                          
    Panthera onca (Jaguar)........  Establishment of       Venezuela...........  Oppose.\4\                     
                                     annual export quotas                                                       
                                     for hunting trophies                                                       
                                     of zero in 1997,                                                           
                                     1998, and 1999 and                                                         
                                     of 50 thereafter.                                                          
Order Proboscidea:                                                                                              
    Loxodonta africana (African     Transfer of the        Botswana, Namibia,    Under review.\6\ \7\ \8\       
     elephant).                      Botswanan population   and Zimbabwe.                                       
                                     from Appendix I to                                                         
                                     II, with certain                                                           
                                     annotations.\5\                                                            
    Loxodonta africana (African     Transfer of the        Botswana, Namibia,    Under review.\6\ \8\ \10\      
     elephant).                      Namibian population    and Zimbabwe.                                       
                                     from Appendix I to                                                         
                                     II, with certain                                                           
                                     annotations.\9\                                                            
    Loxodonta africana (African     Transfer of the        Botswana, Namibia,    Under review.\6\ \8\ \12\      
     elephant).                      Zimbabwean             and Zimbabwe.                                       
                                     population from                                                            
                                     Appendix I to II,                                                          
                                     with certain                                                               
                                     annotations.\11\                                                           
Order Perissodactyla:                                                                                           
    Ceratotherium simum simum       Amendment to           South Africa........  Oppose.\13\                    
     (Southern white rhinoceros).    annotation 503 in                                                          
                                     the CITES Appendices                                                       
                                     to allow trade in                                                          
                                     parts and                                                                  
                                     derivatives but with                                                       
                                     a zero export quota.                                                       
Order Artiodactyla:                                                                                             
    Pecari tajacu (Collared         Deletion from          Mexico..............  Oppose.\14\                    
     peccary).                       Appendix II (Mexican                                                       
                                     population).                                                               
    Vicugna vicugna (Vicuna)......  Annotated transfer of  Argentina...........  Under review.\16\              
                                     certain populations                                                        
                                     to Appendix II \15\.                                                       
    Vicugna vicugna (Vicuna)......  Annotated transfer of  Bolivia.............  Support.<SUP>1 <SUP>18                   
                                     certain populations                                                        
                                     to Appendix II \17\.                                                       
    Vicugna vicugna (Vicuna)......  Amendment to           Peru................  Support.\19\                   
                                     annotation 504 in                                                          
                                     the CITES Appendices                                                       
                                     to replace the words                                                       
                                     ``VICUNANDES-CHILE''                                                       
                                     and ``VICUNANDES-                                                          
                                     PERU'' with the                                                            
                                     words ``VICUNA-                                                            
                                     COUNTRY OF ORIGIN''.                                                       
    Vicugna vicugna (Vicuna)......  Amendment to           Peru................  Support.\19\                   
                                     annotation 504 (in                                                         
                                     the CITES Appendices                                                       
                                     list) to allow also                                                        
                                     the countries that                                                         
                                     are members of the                                                         
                                     Vicuna Convention to                                                       
                                     utilize the term                                                           
                                     VICUNA-PAIS DE                                                             
                                     ORIGEN-ARTESANIA,                                                          
                                     along with the                                                             
                                     authorized                                                                 
                                     trademark, on luxury                                                       
                                     handicrafts and                                                            
                                     knitted articles                                                           
                                     made of wool sheared                                                       
                                     from live vicunas                                                          
                                     from Appendix II                                                           
                                     populations.                                                               
    Elaphurus davidianus (Pere      Inclusion in Appendix  Argentina and China.  Support.\1\                    
     David's deer).                  II.                                                                        
    Bison bison athabascae (Wood    Transfer from          Canada..............  Under review.\20\              
     bison).                         Appendix I to II in                                                        
                                     accordance with                                                            
                                     precautionary                                                              
                                     measure B.2.b of                                                           
                                     Resolution Conf.                                                           
                                     9.24, Annex 4.                                                             

[[Page 18734]]

                                                                                                                
    Bos javanicus (Banteng).......  Inclusion in Appendix  Thailand............  Support.<SUP>1 <SUP>21                   
                                     I.                                                                         
    Bubalus arnee (Water buffalo).  Include in Appendix I  Thailand............  Support.\1\                    
    Ovis ammon nigrimontana (Kara   Transfer from          Germany.............  Support.\1\                    
     Tau argali).                    Appendix II to I.                                                          
----------------------------------------------------------------------------------------------------------------
                                                     Birds                                                      
----------------------------------------------------------------------------------------------------------------
Order Galliformes                                                                                               
    Pauxi pauxi (Northern helmeted  Inclusion in Appendix  Netherlands.........  Oppose.\22\                    
     curassow).                      II.                                                                        
    Pauxi unicornis (Horned         Inclusion in Appendix  Netherlands.........  Oppose.\22\                    
     curassow).                      II.                                                                        
Order Gruiformes                                                                                                
    Turnix melanogaster (Black-     Deletion from          Australia...........  Oppose.\23\                    
     breasted button-quail).         Appendix II.                                                               
    Pedionomus torquatus (Plains    Deletion from          Australia...........  Support.\1\                    
     wanderer).                      Appendix II.                                                               
    Gallirallus australis hectori   Deletion from          New Zealand.........  Support.\1\                    
     (Eastern weka rail).            Appendix II.                                                               
Order Psittaciformes                                                                                            
    Amazona agilis (Black-billed    Transfer from          Germany.............  Support.\1\                    
     parrot).                        Appendix II to I.                                                          
    Amazona viridigenalis (Red-     Transfer from          Germany.............  Support.\1\                    
     crowned parrot).                Appendix II to I.                                                          
    Cacatua sulphurea (Lesser       Transfer from          Germany.............  Support.\1\                    
     sulphur-crested cockatoo).      Appendix II to I.                                                          
    Eunymphicus cornutus uvaeensis  Transfer from          Germany.............  Oppose.\24\                    
     (Ouvea horned parakeet).        Appendix II to I.                                                          
    Vini kuhlii (Kuhl's lorikeet).  Transfer from          Germany.............  Support.\1\                    
                                     Appendix II to I.                                                          
    Vini peruviana (Tahitian        Transfer from          Germany.............  Support.\1\                    
     lorikeet).                      Appendix II to I.                                                          
    Vini ultramarina (Ultramarine   Transfer from          Germany.............  Support.\1\                    
     lorikeet).                      Appendix II to I.                                                          
Order Coraciiformes:                                                                                            
    Aceros waldeni (Writhed-billed  Transfer from          Germany.............  Support.\1\                    
     hornbill).                      Appendix II to I.                                                          
Order Passeriformes:                                                                                            
    Leiothrix argentauris (Silver-  Inclusion in Appendix  Netherlands.........  Support.\1\                    
     eared mesia).                   II.                                                                        
    Leiothrix lutea (Red-billed     Inclusion in Appendix  Netherlands.........  Support.\1\                    
     leiothrix).                     II.                                                                        
    Liocichla omeiensis (Omei Shan  Inclusion in Appendix  Netherlands.........  Support.\1\                    
     liocichla).                     II.                                                                        
    Tangara fastuosa (Seven-        Inclusion in Appendix  Germany and the       Support.\1\                    
     colored tanager).               II.                    Netherlands.                                        
    Amandava formosa (Green         Inclusion in Appendix  Netherlands.........  Support.\1\                    
     avadavat).                      II.                                                                        
    Padda oryzivora (Java sparrow)  Inclusion in Appendix  Netherlands.........  Support.\1\                    
                                     II.                                                                        
    Gracula religiosa (Hill mynah)  Include in Appendix    Netherlands and the   Support.\1\                    
                                     II.                    Phillipines.                                        
----------------------------------------------------------------------------------------------------------------
                                                    Reptiles                                                    
----------------------------------------------------------------------------------------------------------------
Order Testudinata:                                                                                              
    Callagur borneoensis (Painted   Inclusion in Appendix  Germany.............  Support.\1\                    
     terrapin).                      II.                                                                        
    Eretmochelys imbricata          Transfer of the Cuban  Cuba................  Oppose.\14\                    
     (Hawksbill sea turtle).         population from                                                            
                                     Appendix I to II                                                           
                                     with certain                                                               
                                     annotations \25\.                                                          
Order Crocodylia:                                                                                               
    Caiman latirostris (Broad-      Transfer of the        Argentina...........  Under review.\26\              
     snouted caiman).                Argentine population                                                       
                                     from Appendix I to                                                         
                                     II, pursuant to                                                            
                                     resolution on                                                              
                                     ranching.                                                                  
    Crocodylus niloticus (Nile      Maintenance of the     Madagascar..........  Under review.\26\              
     crocodile).                     Malagasy population                                                        
                                     in Appendix II,                                                            
                                     pursuant to                                                                
                                     resolution on                                                              
                                     ranching.                                                                  
    Crocodylus niloticus (Nile      Establishment of an    Tanzania............  Under review.\26\              
     crocodile).                     annual export quota                                                        
                                     of 1000 skins and                                                          
                                     100 hunting trophies                                                       
                                     from wild animals                                                          
                                     for the years 1998-                                                        
                                     2000.                                                                      
    Crocodylus niloticus (Nile      Maintenance of the     Uganda..............  Under review.\26\              
     crocodile).                     Ugandan population                                                         
                                     in Appendix II,                                                            
                                     pursuant to                                                                
                                     resolution on                                                              
                                     ranching.                                                                  
Order Sauria:                                                                                                   
    Varanus bengalensis (Indian     Transfer of the        Bangladesh..........  Oppose.<SUP>14                      
     monitor).                       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.                                                             

[[Page 18735]]

                                                                                                                
    Varanus flavescens (Yellow      Transfer of the        Bangladesh..........  Oppose.<SUP>14                      
     monitor).                       population of                                                              
                                     Bangladesh from                                                            
                                     Appendix I to II                                                           
                                     subject to annual                                                          
                                     export quotas of                                                           
                                     100,000 skins in                                                           
                                     1997, 1998, and 1999.                                                      
----------------------------------------------------------------------------------------------------------------
                                                   Amphibians                                                   
----------------------------------------------------------------------------------------------------------------
Order Anura:                                                                                                    
    Mantella bernhardi (Golden      Inclusion in Appendix  Netherlands.........  Support.<SUP>1                      
     mantella).                      II.                                                                        
    Mantella cowani (Golden         Inclusion in Appendix  Netherlands.........  Support.<SUP>1                      
     mantella).                      II.                                                                        
    Mantella haraldmeieri (Golden   Inclusion in Appendix  Netherlands.........  Support.<SUP>1                      
     mantella).                      II.                                                                        
    Mantella viridis (Golden        Inclusion in Appendix  Netherlands.........  Support.<SUP>1                      
     mantella).                      II.                                                                        
----------------------------------------------------------------------------------------------------------------
                                                    Mollusks                                                    
----------------------------------------------------------------------------------------------------------------
Class Gastropoda:                                                                                               
    Paryphanta spp. (New Zealand    Deletion from          Switzerland.........  Support.<SUP>1                      
     amber snails).                  Appendix II.                                                               
----------------------------------------------------------------------------------------------------------------
                                             Other Animal Proposals                                             
----------------------------------------------------------------------------------------------------------------
Any Appendix II species annotated   Amendment to the       Switzerland.........  Support.<SUP>27                     
 to limit the trade to certain       relevant annotations                                                       
 types of specimens.                 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''.                                                             
----------------------------------------------------------------------------------------------------------------
                                                Plants--General                                                 
----------------------------------------------------------------------------------------------------------------
Araliaceae: Panax quinquefolius     Amend the Appendix II  Switzerland.........  Support.<SUP>28 <SUP>29                  
 (American ginseng).                 listing of this                                                            
                                     species (cf. current                                                       
                                     annotation #3), to                                                         
                                     include only the                                                           
                                     following parts:                                                           
                                     ``Roots and                                                                
                                     specimens                                                                  
                                     recognizable as                                                            
                                     being parts of                                                             
                                     roots''.                                                                   
Cactaceae spp. (Cacti): Mexican     Amend the Appendix II  Mexico..............  Support.<SUP>1 <SUP>6 <SUP>30                 
 cacti.                              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.                                                          
Leguminosae (Fabaceae): Pericopsis  Amend the Appendix II  Switzerland.........  Support.<SUP>31                     
 elata (Afrormosia), and             listing of these two                                                       
 Meliaceae: Swietenia mahagoni       species (cf. current                                                       
 (Caribbean mahogany).               annotation #5), to                                                         
                                     include only the                                                           
                                     following parts:                                                           
                                     ``Logs, sawn wood,                                                         
                                     and veneer sheets''.                                                       
Proteaceae:                                                                                                     
    Orothamnus zeyheri (Marsh-      Transfer from          South Africa........  Support.<SUP>1                      
     rose).                          Appendix I to                                                              
                                     Appendix II, in                                                            
                                     accordance with                                                            
                                     precautionary                                                              
                                     measure B.2.b) of                                                          
                                     Resol. Conf. 9.24,                                                         
                                     Annex 4.                                                                   
    Protea odorata (Ground-rose or  Transfer from          South Africa........  Oppose.<SUP>14 <SUP>23 <SUP>32                
     Swartland sugarbush).           Appendix I to                                                              
                                     Appendix II, in                                                            
                                     accordance with                                                            
                                     precautionary                                                              
                                     measure B.2.b) of                                                          
                                     Resol. Conf. 9.24,                                                         
                                     Annex 4.                                                                   
Scrophulariaceae: Picrorhiza        Include in Appendix    India...............  Support.<SUP>1 <SUP>29                   
 kurrooa (Kutki).                    II, along with only                                                        
                                     the following parts                                                        
                                     <SUP>33: ``Roots                                                                
                                     [i.e.,rhizomes/                                                            
                                     rootstocks] and                                                            
                                     readily recognizable                                                       
                                     parts thereof''.                                                           
Theaceae: Camellia chrysantha,      Delete from Appendix   China...............  Support.<SUP>1                      
 which is Camellia petelotii in      II..                                                                       
 part (Golden-flowered camellia).                                                                               
Valerianaceae: Nardostachys         Include in Appendix    India...............  Support.<SUP>1 <SUP>29                   
 grandiflora (=Nardostachys          II, along with only                                                        
 jatamansi misapplied) (Himalayan    the following parts                                                        
 nard or spikenard).                 <SUP>33: ``Roots                                                                
                                     [i.e.,rhizomes/                                                            
                                     rootstocks] and                                                            
                                     readily recognizable                                                       
                                     parts thereof''.                                                           
----------------------------------------------------------------------------------------------------------------
                                         Plants--Artificial Propagation                                         
----------------------------------------------------------------------------------------------------------------
Families other than Orchidaceae     Amend the listings of  Switzerland.........  Oppose <SUP>14 <SUP>34                   
 (Orchids).                          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''.                                                       

[[Page 18736]]

                                                                                                                
Cactaceae spp. (Cacti): (1) Hybrid  Amend the Appendix II  Denmark.............  Under review.\37\              
 Easter cactus; (2) Christmas        listing for this                                                           
 cactus, or Crab cactus; (3) Red     family (cf. current                                                        
 cap cactus, Oriental moon cactus;   annotation #4), to                                                         
 and (4) Bunny ears cactus..         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.                                                                
Euphorbiaceae: Succulent Euphorbia  Amend the Appendix II  Denmark.............  Under review.\37\              
 spp. (Succulent euphorbs): Three-   listing of succulent                                                       
 ribbed milk tree.                   Euphorbia spp., with                                                       
                                     an annotation to                                                           
                                     exclude artificially                                                       
                                     propagated specimens                                                       
                                     of Euphorbia trigona                                                       
                                     cultivars.\38\.                                                            
Primulaceae: Cyclamen spp.          Amend the Appendix II  Denmark.............  Under review.\37\              
 (Cyclamens): Florist's cyclamen.    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.                                                         
----------------------------------------------------------------------------------------------------------------
\1\ The 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.                                                                                                         
\2\ The 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.                     
\3\ The 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.                                        
\4\ The 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.                                           
\5\ Annotated 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.     
\6\ The proposal presents biological information that supports the proposed action.                             
\7\ The 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.                
\8\ The 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.            
\9\ Annotated to allow: (a) The direct export of registered stocks of whole raw tusks of Namibian origin owned  
  by the government of Namibia to one trading partner (Japan) that will not re-export, subject to annual quotas 
  that will not exceed 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 non-commercial   
  purposes; and (c) international trade in hunting trophies for non-commercial purposes.                        
\10\ Although 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.                                                                            
\11\ Annotated to allow: (a) The direct export of registered stocks of whole raw tusks to one trading partner   
  (Japan) subject to annual quotas of 10 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.                          
\12\ The 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.                                                          
\13\ While 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.                            
\14\ The 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.                        
\15\ Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of 
  Jujuy, Salta, Catamarca, La Rioja, and San Juan, Argentina, from Appendix I to II, with an annotation to allow
  only the international trade in wool sheared from live vicunas, and in cloth and manufactured items made      
  thereof, under the mark, ``VICUNAA-ARGENTINA.''                                                               
\16\ Although 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.                                
\17\ Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas,   
  Bolivia, from Appendix I to II, with an annotation to allow only the international trade in cloth and         
  manufactured items made thereof, under the mark, ``VICUN-BOLIVIA.''                                           
\18\ The proposal presents excellent population data and a well conceived approach to development of management 
  plans and follow-through monitoring of the effectiveness of vicuna management in different socio-economic     
  regimes.                                                                                                      
\19\ The United States sees no difficulties with such a change in the labeling of approved products.            

[[Page 18737]]

                                                                                                                
\20\ Although 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.                                                        
\21\ The United States supports the exclusion from this proposal of introduced populations remote from the      
  natural range, e.g., the introduced population of Australia.                                                  
\22\ The species does not appear to be subject to international trade.                                          
\23\ Although 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.                            
\24\ Because 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.           
\25\ Annotated 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).                                           
\26\ The 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.                                                                         
\27\ The 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.                                                  
\28\ The 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.                      
\29\ The 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.                                                                                       
\30\ This 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.                       
\31\ These 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.                                   
\32\ There 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.                                                                         
\33\ The proposal for this species discusses its rhizomes or rootstocks rather than botanical roots.            
\34\ The 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).    
\35\ This 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.                                   
\36\ The 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.                                                     
\37\ Although 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.                                                                                                  
\38\ This 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]
BILLING CODE 4310-55-P