Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 73

response, with an average of 1.028 hours

per response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden or any other

aspect of this collection of information,

including suggestions for reducing the

burden, to the Service Information

Collection Clearance Office, Fish and

Wildlife Service Office of Management

and Budget, Mail Stop 224, Arlington

Square, U.S. Department of the Interior,

1849 C Street, N.W., Washington, DC

20240 and the Office of Management

and Budget, Paperwork Reduction

Project (1018–0022), Washington, DC

20503.

3. A new § 18.30 is added to subpart

D of part 18 to read as follows:

§ 18.30 Polar bear sport-hunted trophy

import permits.

(a) Application procedure.

Applications for permits to import polar

bear trophies shall be submitted to the

Director, U.S. Fish and Wildlife Service,

Office of Management Authority, 4401

N. Fairfax Drive, Room 420C, Arlington,

Virginia 22203. Each application must

be submitted on an official application

(Form 3–200) provided by the Service

and must include as an attachment, all

of the following additional information:

(1) A statement of the purpose of the

taking and proposed use upon import;

(2) Name and address of the person

from whom the polar bear trophy is to

be exported;

(3) Name and address of the person in

the United States to whom the polar

bear trophy is to be imported;

(4) If the person who took the polar

bear in Canada died prior to submittal

of the import permit application,

documentation that the importer is the

heir of that person’s estate;

(5) Proof that the polar bear was

legally harvested in Canada by the

applicant (or by a decedent from whom

the applicant inherited the trophy),

including the tag number and date,

location, and manner of taking; and

(6) A description of the polar bear

parts to be imported, including the

number of specimens or parts and the

age, size, and sex of the polar bear.

(b) Definitions. (1) The definitions in

50 CFR 10.12, 18.3, and 23.3 apply to

this paragraph.

(2) Sport-hunted trophy means the

hide, hair, skull, teeth, and claws of the

specimen, which can be used by a

taxidermist to create a mount of the

animal for display or tanned for use as

a rug, taken by the applicant during a

sport hunt for personal, noncommercial

use. It does not include any internal

organ of the animal, including the gall

bladder.

(c) Review by Marine Mammal

Commission. Upon receipt of an

application the Director shall forward it

to the Marine Mammal Commission as

described in § 18.31(b).

(d) Procedures for issuance of permits

and modification, suspension or

revocation thereof. Permits applied for

under this section shall be issued,

suspended, modified or revoked

pursuant to regulations contained in

§ 18.33.

(e) Issuance criteria. In determining

whether to issue an import permit for a

sport-hunted trophy, the Director shall

consider, in addition to the general

criteria in Part 13 of this subchapter, the

following factors:

(1) The specimen has not been

imported into the United States;

(2) The specimen to be imported

meets the definition of a sport-hunted

trophy in paragraph (b) of this section;

(3) The polar bear was legally

harvested in Canada by the applicant (or

by a decedent from whom the applicant

inherited the trophy);

(4) Canada has a monitored and

enforced sport-hunting program

consistent with the purposes of the 1973

International Agreement on the

Conservation of Polar Bears;

(5) Canada has a sport-hunting

program based on scientifically sound

quotas ensuring the maintenance of the

affected population stock at a

sustainable level; and

(6) The export and subsequent import:

(i) Are consistent with the provisions

of the Convention on International

Trade in Endangered Species of Wild

Fauna and Flora and other international

agreements and conventions; and

(ii) Are not likely to contribute to

illegal trade in bear parts.

(f) Additional permit conditions.

Permits to import a sport-hunted trophy

are subject to the conditions outlined in

§ 18.31(d).

(g) Duration of permits. The duration

of permits issued under this section

shall be designated on the face of the

permit, but in no case will the permit be

valid for more than one year from the

date of issuance.

(h) Fees. (1) The applicant must pay

the required standard permit processing

fee at the time of application as given in

50 CFR 13.11(4).

(2) The Service will promptly notify

an applicant of its decision on the

import permit application. If the

decision is to approve the application,

the applicant must remit the issuance

fee of $1,000 before receiving an import

permit. The issuance fee will be used in

developing and implementing

cooperative research and management

programs for the conservation of polar

bears in Alaska and Russia pursuant to

section 113(d) of the Marine Mammal

Protection Act.

(i) Scientific review. (1) The Director

shall undertake a scientific review of the

impact of permits issued under this

section on the polar bear population

stocks in Canada by April 30, 1996.

(i) The review shall provide an

opportunity for public comment, and

shall include a response to such public

comment in the final report.

(ii) The Director shall not issue

permits under this section after

September 30, 1996, if it is determined

that the issuance of permits under this

section is having a significant adverse

impact on the polar bear population

stocks in Canada.

(2) After the initial review, the

Director may review whether the

issuance of permits under this section is

having a significant adverse impact on

the polar bear population stocks in

Canada annually in light of the best

scientific information available. The

review must be completed no later than

January 31 in any year a review is

undertaken.

* * * * *

Dated: December 15, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish, and Wildlife and

Parks.

[FR Doc. 94–32281 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 23

RIN 1018–AD07

Changes in List of Species in

Appendices to the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed Rule.

SUMMARY: The Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES) regulates international trade in

certain animals and plants. Species for

which such trade is controlled are listed

in Appendices I, II, and III to CITES.

This document announces decisions

by the Conference of the Parties to

CITES on amendments to Appendices I

and II, and repeats a previous

opportunity (59 FR 55617) to comment

on whether the United States should

enter reservations on any of the

amendments. The effect of a reservation

would be to exempt this country from
74 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

implementing CITES for a particular

species. However, even if a reservation

were taken, many importing countries

would require comparable documents,

and many importers to the United States

would be required, under the Lacey Act

Amendments of 1981, to obtain permits

issued by foreign countries. The CITES

amendments to Appendices I and II

described in this document will enter

into effect on February 16, 1995.

DATES: The amendments to Appendices

I and II adopted at the recent meeting of

the Conference of the Parties become

effective 90 days after their adoption

under terms of CITES and therefore are

enforceable as of February 16, 1995. The

Service will consider all comments

received by January 17, 1995 in

determining whether the United States

should enter any reservations.

ADDRESSES: Please send correspondence

concerning this document to the Office

of Scientific Authority; Mail Stop;

Arlington Square, room 725; U.S. Fish

and Wildlife Service; Washington, DC

20240 (FAX number 703–358–2276).

Express and messenger-delivered mail

should be addressed to the Office of

Scientific Authority; room 750, 4401

North Fairfax Drive; Arlington, Virginia,

22203. Comments and materials

received will be available for public

inspection, by appointment, from 8 a.m.

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

Arlington, Virginia, address.

FOR FURTHER INFORMATION CONTACT:

Dr. Charles W. Dane, Office of Scientific

Authority, U.S. Fish and Wildlife

Service, Washington, DC 20240,

telephone (703) 358–1708.

SUPPLEMENTARY INFORMATION:

Background

CITES regulates import, export,

reexport, and introduction from the sea

of certain animal and plant species.

Species for which the trade is controlled

are included in three Appendices.

Appendix I includes species threatened

with extinction that are or may be

affected by trade. Appendix II includes

species that, although not necessarily

now threatened with extinction, may

become so unless trade in them is

strictly controlled. It also lists species

that must be subject to regulation in

order that trade in other 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 identifies as being subject

to regulation within its jurisdiction for

purposes of prevention or restricting

exploitation, and for which it needs the

cooperation of other Parties to control

trade.

Any Party may propose amendments

to Appendices I and II for consideration

at meetings of the Conference of Parties.

The text of any proposal must be

communicated to the CITES Secretariat

at least 150 days before the meeting. The

Secretariat must then consult the other

Parties and appropriate

intergovernmental agencies, and

communicate their responses to all

Parties no later than 30 days before the

meeting.

Recent Decisions

The ninth meeting of the Conference

of Parties to CITES (COP9) was held on

November 7–18, 1994, in Fort

Lauderdale, Florida. At the meeting, the

Parties considered 79 different animal

proposals and 42 different plant

proposals to amend the Appendices.

These were described in the Federal

Register on November 4, 1994, for

proposals submitted by the United

States (59 FR 55235), and on November

8, 1994, for proposals by other Parties

(59 FR 55617). All proposed

amendments were discussed and

decided on by Committee I during the

Conference, with each accredited

attending Party having one vote.

Amendments were adopted by a twothirds majority of the Parties present

and voting or by consensus. Action by

Committee I was accepted by the

Plenary Session unless one-third of the

Parties voting expressed the desire to

reopen discussion on any species

proposal. Debate was reopened only on

the proposal by India to list Pterocarpus

santalinus, a tree known commonly as

redsanders, on Appendix II. The

proposal had been one vote short of the

required two-thirds majority for

acceptance by Committee I. The Parties

reversed that decision in Plenary

Session.

The Parties also accepted a report by

the Nomenclature Committee, a draft of

which was described briefly in 59 FR

55617. The adoption of the

recommendations of this report will

result in some changes in the scientific

names and/or listing sequences of

animals and possibly plants listed in

Appendices I, II, and III. These changes

result primarily from a completed

review of taxa listed in Appendix I prior

to adoption of the Berne Criteria in

1977, or from the adoption of new

taxonomic references for certain animal

or plant taxa. Although many of these

changes are taxonomically significant,

their impact on implementation and

enforcement of CITES will be minimal.

A copy of the report of the

Nomenclature Committee is available

from the Office of Scientific Authority

(see Addresses). The Fish and Wildlife

Service (Service) will effect these

taxonomic changes in the Final Rule

incorporating the amendments to

Appendices I and II as decided at COP

9, and modified as necessary as a result

of public comment on the present

notice, into § 23.23 of title 50 of the

Code of Federal Regulations.

Results of actions by the Conference

of Parties on the proposed amendments

are given in the table below:

Species Proposed amendment Proponent Final decision of the parties

MAMMALS

Order Chiroptera:

Acerodon jubatus (Golden-capped

fruit bat).

Transfer from II to I .............................. Philippines ............. Approved.

Acerodon lucifer (Panay giant fruit

bat).

Transfer from II to I .............................. Philippines ............. Approved with the annotation ‘‘possibly

extinct.’’

Order Edentata:

Euphractus spp. (Armadillos) ......... Add to II ................................................ Chile ...................... Rejected.

Order Pholidota:

Manis spp. (Pangolins) .................. Add to II ................................................ Switzerland ............ Approved.

Manis temminckii (Cape pangolin) . Transfer from I to II .............................. Switzerland ............ Approved.

Order Rodentia:

Chinchilla spp. (Chinchillas) ........... Remove from I (domesticated specimens in South America).Chile ...................... Approved.
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 75

Species Proposed amendment Proponent Final decision of the parties

Order Cetacea:

Balaenoptera acutorostrata (Minke

whale).

Transfer from I to II (Northeast Atlantic

and the North Atlantic central stocks).

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

Order Carnivora:

Felis bengalensis bengalensis

(Leopard cat).

Transfer from I to II (except Chinese

population, which is already on II).

Switzerland ............ Approved except for populations of

India, Bangladesh, and Thailand,

which remain on Appendix I.

Hyaena brunnea (Brown hyena) .... Transfer from I to II .............................. Switzerland ............ Approved.

Conepatus spp. (Hog-nosed

skunks).

Add to II ................................................ Chile ...................... Withdrawn.

Ailurus fulgens (Red panda) .......... Transfer from II to I .............................. Netherlands ........... Approved.

Order Proboscidea:

Loxodonta africana (African elephant).Transfer from I to II (South Africa’s

population).

South Africa .......... Withdrawn.

Loxodonta africana (African elephant).Transfer from I to II (Sudan’s population).Sudan .................... Withdrawn.

Order Perissodactyla:

Ceratotherium simun simun (White

rhinoceros).

Transfer from I to II (South Africa’s

population).

South Africa .......... Approved as amended to incorporate

new wording ‘‘for the sale of live animals to appropriate and acceptable

destinations, and hunting trophies

only.’’ The down-listing will be reviewed at COP10.

Order Artiodactyla:

Megamuntiacus vuquanghensis

(Giant muntjac).

Add to I ................................................. Vietnam ................. Approved.

Pseudoryx nghetinhensis (Vu

Quang Ox).

Add to I ................................................. Denmark ................ Approved.

Saiga tatarica (Saiga antelope) ..... Add to II ................................................ United States ........ Approved as amended to include the

entire species, Saiga tatarica in Appendix II

Saiga tatarica mongolica (Saiga

Antelope).

Add to I ................................................. United States ........ Rejected.

Ovis vignei (Urial sheep) ................ Interpret listing on Appendix I of Ovis

vignei to include only O. v. vignei,

and add other subspecies of Ovis

vignei to Appendix II.

United States ........ Withdrawn (referred to the Animals

and Nomenclature Committees for

further study).

Vicugna vicugna (Vicun ̃a) .............. Transfer from I to II (remaining Peruvian Appendix I populations).Peru ....................... Approved. Approval includes authority

to trade in wool from sheared, live

vicun ̃as and authority to sell 3249

kilograms of stockpiled wool.

Vicugna vicugna (Vicun ̃a) .............. Amend annotation for Appendix II populations to allow the trade in wool

sheared from live vicun ̃as.

Chile ...................... Approved.

Hippopotamus amphibius (Hippopotamus).Add to II ................................................ Belgium, Benin,

and France.

Approved.

BIRDS

Order Apterygiformes:

Apteryx spp. (Kiwis) ....................... Add to I ................................................. New Zealand ......... Rejected.

Order Tinamiformes:

Rhynchotus rufescens maculicollis

(Red-winged tinamou).

Remove from II ..................................... Uruguay ................. Approved.

Rhynchotus rufescens pallescens

(Southern red-winged tinamou).

Remove from II ..................................... Uruguay ................. Approved.

Rhynchotus rufescens rufescens

(Western red-winged tinamou).

Remove from II ..................................... Uruguay ................. Approved.

Order Anseriformes:

Anas aucklandica (currently listed

as Anas aucklandica

aucklandica.

Transfer from II to I .............................. New Zealand ......... Approved within the Appendix I listing

of the species. Anas aucklandica.

Anas chlorotis (currently listed as

Anas aucklandica chlorotis).

Transfer from II to I .............................. New Zealand ......... Approved within the Appendix I listing

of the species. Anas aucklandica.

Anas nesiotis (currently listed as

Anas aucklandica nesiotis.

Retain in I ............................................. New Zealand ......... Approved within the Appendix I listing

of the species. Anas aucklandica.

Order Galliformes:

Xenoperdix (Udzungwa forest partridge).Add to I ................................................. Denmark ................ Withdrawn.

Order Gruiformes:

Balearica pavonina (Black-crowned

crane).

Transfer from II to I .............................. Netherlands ........... Withdrawn.

Order Psittaciformes:

Cacatua goffini (Goffin’s cockatoo) Transfer from I to II .............................. Indonesia ............... Withdrawn.

Eos histrio (Red and blue lory) ...... Transfer from II to I .............................. Indonesia ............... Approved.
76 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

Species Proposed amendment Proponent Final decision of the parties

Cyanoramphus malherbi (Orangefronted parakeet).Transfer from II to I .............................. New Zealand ......... Withdrawn. Review of status referred

to the Animals Committee.

Cyanoramphus novaezelandiae

(New Zealand or Red-crowned

parakeet.

Transfer from I to II .............................. New Zealand ......... Withdrawn.

Psittacus erithacus princeps (African gray parrot).Transfer from I to II .............................. United Kingdom .... Approved.

Psittacus erithacus (Sao Tome/

Principe populations of African

gray parrot).

Retain in I in lieu of Psittacus erithacus

princeps.

United Kingdom .... Withdrawn.

Order Cuculiformes:

Musophagidae spp. (Turacos) ....... Add to II ................................................ Netherlands ........... Approved as amended from

Musophagidae spp. to all Tauraco

spp.

Order Apodiformes:

Collocalia spp. (Edible-nest

swiftlets.

Add to II ................................................ Italy ........................ Withdrawn. (A resolution to sponsor a

workshop on sustainable use of edible-nest swiftlets was approved).

Order Passeriformes:

Agelaius flavus (Saffron-cowled

blackbird).

Add to I ................................................. Uruguay ................. Approved.

REPTILES

Order Crocodylia:

Melanosuchus niger (Black

caiman).

Transfer from I to II (Ecuador’s population pursuant to Conf. 3.15 on

ranching.

Ecuador ................. Approved with zero export quota for 2

years and review by the IUCN Crocodile Specialist Group after 2 years.

Crocodylus niloticus (Nile crocodile).Change basis of maintenance of Malagasy population on II from Conf.

7.14 to Conf. 3.15.

Madagascar .......... Approved. Under Conf. 7.14, with export quotas of ranched animals set

at 4,500 in 1995, and 5,000 in 1996

and 1997. An additional export quota

of 200 nuisance animals per year

was also approved.

Crocodylus niloticus (Nile crocodile).Change basis of maintenance of South

Africa’s population on II from Conf.

7.14 to Conf. 315.

South Africa .......... Approved.

Crocodylus niloticus (Nile crocodile).Transfer from II to I (Madagascar and

Somalia populations).

Switzerland ............ Approved for Somalia population. Proposal for Madagascar population

withdrawn.

Crocodylus niloticus (Nile crocodile).Maintain in II with significant increase

in export quota pursuant to Conf.

7.14.

Tanzania ............... Approved as amended to allow harvest

quotas of 1,000 per year for 1995

and 1996, plus an additional 100 per

year for sport trophies from 1995–

1997. Quota for 1997 to be determined by the Secretariat in consultation with the IUCN Crocodile Specialist Group.

Crocodylus porosus (Saltwater

crocodile).

Change basis of maintenance of Indonesian population on II from Conf.

7.14 to Conf. 315.

Indonesia ............... Approved. Approval based on Indonesia’s self-imposed zero export

quota until their ranching programs

are inspected and approved by the

IUCN Crocodile Specialist Group

and the Secretariat.

Crocodylus porosus (Saltwater

crocodile).

Transfer from II to I (Indonesian population).Switzerland ............ Withdrawn.

Crocodylus porosus (Saltwater

crocodile).

Change basis of maintenance of Australian population on II from Conf.

3.15 to Conf. 1.2.

Australia ................ Approved.

Order Testudinata:

Lissemys punctata Indian flap-shell

turtle).

Add to II ................................................ Switzerland ............ Approved.

Lissemys punctata Indian flap-shell

turtle).

Remove from I ...................................... Switzerland ............ Approved.

Terrapene spp. (Box turtles) .......... Add to II (retain T. coahuila in I) .......... Netherlands, United States.Approved.

Testudo kleinmanni (Egyptian tortoise).Transfer from II to I .............................. Egypt ..................... Approved.

Order Rhynchocephalia:

Sphenodon spp. (Tuataras) or

Sphenodon quntheri (Brother’s

Island tuatara).

Add to I ................................................. New Zealand ......... Approved, as Sphenodon spp.

Order Sauria:

Phymaturus flagellifer (Racerunner

lizard).

Add to II ................................................ Chile ...................... Rejected.
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 77

Species Proposed amendment Proponent Final decision of the parties

Pristidactylus alvaro ....................... Add to II ................................................ Chile ...................... Withdrawn.

Pristidactylus torquatus .................. Add to II ................................................ Chile ...................... Withdrawn.

Pristidactylus valeriae .................... Add to II ................................................ Chile ...................... Withdrwan.

Pristidactylus volcanensis .............. Add to II ................................................ Chile ...................... Withdrawn.

Callopistes pallum .......................... Add to II ................................................ Chile ...................... Withdrawn.

Varnus bengalensis (Indian monitor).Transfer from I to II (Bangladesh population).Bangladesh ........... Withdrawn

Varanus flavescens (Yellow monitor).Transfer from I to II (Bangladesh population.Bangladesh ........... Withdrawn.

AMPHIBIANS

Order Anura:

Bufo periglenes (Monte Verde or

Golden toad).

Add to I ................................................. Netherlands ........... Approved.

Mantella aurantiaca (Malagasy

golden frog).

Add to I (Netherlands, Add to II (Germany).Netherlands and

Germany.

Approved (inclusion in Appendix II).

FISH

Order Osteoglossiformes:

Scleropages formosus (Asian

bonytongue).

Transfer from II to I (Indonesian population).Indonesia ............... Approved.

Scleropages formosus (Asian

bonytongue).

Transfer from II to I (Indonesian population).Switzerland ............ Withdrawn.

MOLLUSCS

Charonia tritonis (Giant triton) ........ Add to II ................................................ Austalia ................. Withdrawn.

Placostylus spp. (New Zealand flax

snails).

Add to II (New Zealand population) ..... New Zealand ......... Withdrawn.

Powelliphanta spp. (New Zealand

land snails).

Add to II (New Zealand population) ..... New Zealand ......... Withdrawn.

INSECTS

Colophon spp. (Cape stag beetles) Add to I ................................................. Netherlands ........... Withdrawn.

ARACHNIDS

Brachypelma spp. (Red-knee tarantulas).Add to II ................................................ United States ........ Approved.

Pandinus imperator (Emperor scorpion).Add to II ................................................ Ghana ................... Approved.

Pandinus gambiensis (scorpion) .... Add to II ................................................ Ghana ................... Approved.

Pandinus dictator (scorpion) .......... Add to II ................................................ Ghana ................... Approved.

PLANTS

Family Apocynaceae:

Pachypodium ambongense ............ Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

P. brevicaule .................................. Transfer from I to II .............................. Madagascar &

Switzerland.

Approved. No adult wild plants to be

exported before COP10 (in 1997).

P. namaquanum ............................. Transfer from I to II .............................. Switzerland ............ Approved.

Family Araceae:

Alocasia sanderiana ....................... Remove from II ..................................... Switzerland ............ Approved.

Family Balanophoraceae:

Dactylanthus taylorii ....................... Add to I ................................................. New Zealand ......... Rejected.

Family Berberidaceae:

Berberis aristata de Candolle ........ Add to II ................................................ India ...................... Rejected.

Family Cactaceae:

Astrophytum asterias ..................... Transfer from I to II .............................. Mexico & Switzerland.Withdrawn.

Leuchtenbergia principis ................ Transfer from I to II .............................. Mexico & Switzerland.Approved.

Mammillaria plumosa ..................... Transfer from I to II .............................. Mexico & Switzerland.Approved.

Family Ebenaceae:

Diospyros mun ............................... Add to II ................................................ Germany ............... Withdrawn.

Family Euphorbiaceae:

Euphorbia cremersii ....................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Euphorbia primulifolia ..................... Transfer from I to II .............................. Madagascar &

Switzerland.

Approved.

Family Gentianaceae:

Gentiana kurroo ............................. Add to II ................................................ India ...................... Withdrawn.

Family Leguminosae (Fabaceae):

Dalbergia melanoxylon ................... Add to II ................................................ Germany: Kenya ... Both proposals withdrawn.

Pterocarpus santalinus ................... Add to II ................................................ India ...................... Approved, with amendment to exclude

finished musical instruments, formulations and chemical derivatives.
78 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

Species Proposed amendment Proponent Final decision of the parties

Family Liliaceae:

Aloe albiflora .................................. Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe alfredii .................................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe bakeri ..................................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe bellatula .................................. Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe calcairophila ........................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe compressa (inc. var.

rugosquamosa and var.

schistophila).

Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe delphinensis ........................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe descoingsii ............................. Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe fragilis ..................................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe haworthioides (inc. var.

aurantiaca).

Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe helenae .................................. Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe laeta (inc. var. maniensis) ..... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe paralleliofolia .......................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe parvula ................................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe rauhii ...................................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe suzannae ............................... Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Aloe vera (syn. A. barbadensis) .... Remove from II ..................................... Switzerland ............ Approved, with problems referred to

Plants Committee.

Aloe versicolor ................................ Transfer from II to I .............................. Madagascar &

Switzerland.

Approved.

Colchicum luteum ........................... Add to II ................................................ India ...................... Withdrawn.

Family Meliaceae:

Entandrophgragma spp .................. Add to II ................................................ Germany ............... Withdrawn.

Khaya spp. ..................................... Add to II ................................................ Germany ............... Withdrawn.

Swietenia macrophylla in the

neotropics, incl. natural hybrids

with S. humilis, and sic with S.

mahagoni.

Add to II ................................................ Netherlands ........... Rejected, as amended at COP9 to

read ‘‘including natural hybrids with

S. humilis, and excluding all parts

and derivatives except logs, sawn

wood, veneer sheets and plywood

sheets.’’

Family Orchidaceae:

Cattleya skinneri ............................. Transfer from I to II .............................. Switzerland & Mexico.Approved.

Cypripedium cordigerum ................ Transfer from II to I .............................. India ...................... Rejected.

Cypripedium elegans ..................... Transfer from II to I .............................. India ...................... Rejected.

Cypripedium himalaicum ................ Transfer from II to I .............................. India ...................... Rejected.

Cypripedium tibeticum .................... Transfer from II to I .............................. India ...................... Rejected.

Dendrobium cruentum .................... Transfer from II to I .............................. Thailand ................ Approved.

Didiciea cunninghamii .................... Transfer from I to II .............................. Switzerland ............ Approved.

Lycaste skinneri var. alba .............. Transfer from I to II .............................. Switzerland & Mexico.Approved.

Family Polygonaceae:

Rheum australe .............................. Add to II ................................................ India ...................... Withdrawn.

Family Ranunculaceae:

Aconitum deinorrhizum .................. Add to II ................................................ India ...................... Withdrawn.

Aconitum ferox ............................... Add to II ................................................ India ...................... Withdrawn.

Aconitum heterophyllum ................. Add to II ................................................ India ...................... Withdrawn.

Coptis teeta .................................... Add to II ................................................ India ...................... Withdrawn.

Family Rosaceae:

Prunus africana .............................. Add to II ................................................ Kenya .................... Approved.

Family Scrophulariaceae:

Picrorhiza kurrooa .......................... Add to II ................................................ India ...................... Withdrawn.
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 79

Species Proposed amendment Proponent Final decision of the parties

Family Taxaceae:

Taxus wallichiana (= T. baccata

ssp. wallichiana).

Add to II ................................................ India ...................... Approved with amendment to exclude

finished pharmaceutical products

(i.e., end-point medicines such as

taxol).

Family Theaceae:

Camellia chrysantha ....................... Remove from II ..................................... Switzerland ............ Withdrawn.

Family Thymelaeaceae:

Aquilaria malaccensis (syn. A.

agallocha).

Add to II ................................................ India ...................... Approved.

Family Valerianaceae:

Nardostachys grandiflora ............... Add to II ................................................ India ...................... Withdrawn.

Parts and Derivatives Proposal ..... With respect to Appendix II plant replace the standard exclusions.Germany ............... Approved.

‘‘tissue cultures and flasked seedlings

cultures’’ with ‘‘seedling or tissue

cultures, obtained in vitro, in solid or

liquid media, transported in containers’’.

Consequences of Amendments to

Appendices I and II

All proposals in the preceding table

that were approved by the Conference of

the Parties will enter into effect 90 days

after the meeting (February 16, 1995)

under terms of CITES. Article XV of

CITES enables any Party to exempt itself

from implementing CITES for any

particular species, if it enters a

reservation with respect to that species.

A Party desiring to enter a reservation

must do so during the 90-day period

immediately following the close of the

meeting at which the Parties voted to

include the species in Appendix I or II.

If the United States should decide to

enter any reservation, this action must

be transmitted to the Depositary

Government (Switzerland) by February

16, 1995.

The Service now repeats its

opportunity (see November 8, 1994,

Federal Register Notice) for public

comment/recommendations concerning

reservations to be taken by the United

States on any amendments to the

Appendices adopted by the Parties at

COP9. Recommendations or comments

regarding reservations must be received

by January 17, 1995, so that the

Secretariat can be informed by February

16, 1995. The Service proposes not to

recommend any reservations. It will

consider doing so only if evidence is

presented to show that implementation

of an amendment would be contrary to

the interests or law of the United States.

If the United States should enter any

reservations, they will be announced,

along with a request for public

comment, in a Federal Register notice

as soon as possible after the decisions

are made. Any reservations announced

would be tentative, pending full

consideration of public comments.

Reservations, if entered, may do little

to relieve importers in the United States

from the need for foreign export

permits, because the Lacey Act

Amendments of 1981 (16 U.S.C. 3371 et

seq.) make it a Federal offense to import

into the United States any animals

taken, possessed, transported, or sold in

violation of foreign conservation laws. If

a foreign country has enacted CITES as

part of its positive law, and that country

has not taken a reservation with regard

to the animal or plant, or its parts or

derivatives, the United States (even if it

had taken a reservation on a species)

would continue to require CITES

documents as a condition of import.

Any reservation by the United States

would provide exporters in this country

with little relief from the need for U.S.

export documents. Importing countries

that are party to CITES would generally

require CITES-equivalent

documentation from the United States,

even if it enters a reservation, because

the Parties have agreed to allow trade

with non-Parties (including reserving

Parties) only if they issue documents

containing all the information required

in CITES permits or certificates. In

addition, if a reservation is taken on a

species listed in Appendix I, the species

should still be treated by the reserving

Party as in Appendix II according to

Resolution Conf. 4.25, thereby still

requiring CITES documents for export.

The United States has never entered a

reservation to a CITES listing. It is the

policy of the United States that

commercial trade in Appendix I species

for which a country has entered a

reservation undermines the

effectiveness of CITES.

Note: The Department has determined that

amendments to CITES Appendices, which

result from actions of the Parties to the

Convention, do not require the preparation of

Environmental Assessments as defined under

authority of the National Environmental

Policy Act (42 U.S.C. 4321–4347). This rule

was not subject to Office of Management and

Budget review under Executive Order 12866.

The Regulatory Flexibility Act (5 U.S.C. 601)

does not apply to this listing process. The

proposed adjustments to the list in 50 CFR

§ 23.23 are solely informational to provide

the public with accurate data on the species

covered by CITES. The listing changes

adopted by the Parties will take effect on

February 16, 1995, under the terms of CITES.

This proposed rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under 44 U.S.C.

3501 et seq.

The Service finds that good cause

exists to terminate the public comment

period on January 17, 1995, in order to

provide the necessary time to review

and, if appropriate, act on any

comments requesting the entering of

reservations. Any such reservations

must be submitted to the CITES

Secretariat by February 16, 1995.

List of Subjects in 50 CFR Part 23

Endangered and threatened species,

Exports, Fish, Imports, Marine

mammals, Plants (agriculture), Treaties.

This document is issued under

authority of the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq. and 87

Stat. 884, as amended). It was prepared

by Drs. Charles W. Dane, Marshall A.

Howe, and Bruce MacBryde, Office of

Scientific Authority.

Proposed Regulation Promulgation

The Service proposes to amend the

list of species contained in § 23.23 of

title 50 of the Code of Federal

Regulations by incorporating all changes

in CITES Appendices I and II that were

approved by the Conference of the

Parties, as set forth in the supporting

statement of the present notice and
80 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

modified as necessary to conform to

recommendations contained in the

approved Report of the Nomenclature

Committee.

Dated: December 16, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 94–32271 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Parts 353, 355, and 356

[Docket No. 941264–4364]

RIN: 0625–AA45

Antidumping Duties; Countervailing

Duties; Article 1904 of the North

American Free Trade Agreement

AGENCY: International Trade

Administration, Department of

Commerce.

ACTION: Advance notice of proposed

rulemaking and request for public

comments.

SUMMARY: The Department of Commerce

(‘‘the Department’’) intends to initiate a

rulemaking proceeding to conform the

Department’s existing antidumping

duty, countervailing duty, and NAFTA

Article 1904 regulations to the Uruguay

Round Agreements Act, which

implemented the results of the Uruguay

Round multilateral trade negotiations.

In addition to conforming changes, the

Department will be considering other

changes to the procedural and

substantive provisions of the

antidumping and countervailing duty

regulations. The overall objectives of

this rulemaking proceeding will be to:

(1) translate the principles of the

implementing legislation into specific

and predictable rules, thereby

facilitating the administration of these

laws and providing greater

predictability for private parties affected

by these laws; (2) simplify and

streamline the Department’s

administration of antidumping and

countervailing duty proceedings; (3)

codify existing administrative practice,

to the extent such codification is

appropriate and is consistent with the

first and second objectives; and (4)

resolve any inconsistencies in the

Department’s administrative practice.

DATES: The Department will consider

written comments if received not later

than February 3, 1995. The Department

will also consider written responses to

written comments if received not later

than February 24, 1995.

ADDRESSES: Address written comments

to Susan G. Esserman, Assistant

Secretary for Import Administration,

Central Records Unit, Room B–099, U.S.

Department of Commerce, Pennsylvania

Avenue and 14th Street, N.W.,

Washington, DC 20230. Comments

should be addressed: Attention:

Advance Notice of Proposed

Rulemaking/Uruguay Round

Agreements Act. Each person

submitting a comment should include

his or her name and address, and give

reasons for any recommendation.

FOR FURTHER INFORMATION CONTACT:

William D. Hunter, (202) 482–4412, or

David Mason Jr., (202) 482–4969.

SUPPLEMENTARY INFORMATION:

Background

On December 7, 1994, President

Clinton signed the Uruguay Round

Agreements Act, Pub.L. 103–465 (‘‘the

URAA’’), into law. The URAA

implements the results of the Uruguay

Round multilateral trade negotiations.

Among the agreements negotiated as

part of the Uruguay Round are the

Agreement on Implementation of Article

VI of the General Agreement on Tariffs

and Trade 1994 (‘‘the Antidumping

Agreement’’) and the Agreement on

Subsidies and Countervailing Measures

(‘‘the Subsidies Agreement’’). The

URAA, among other things, conforms

the U.S. antidumping and

countervailing duty laws to the

requirements of the Antidumping

Agreement and the Subsidies

Agreement.

The Department is initiating a

rulemaking proceeding to conform the

Department’s existing regulations on

antidumping duties, countervailing

duties, and Article 1904 of the North

American Free Trade Agreement to the

provisions of the URAA. Although the

Department expects that in many

instances amendments to existing

regulations will be of a conforming

nature only, in the Statement of

Administrative Action accompanying

H.R. 5110 (H.R. Doc. No. 316, Vol. 1,

103d Cong., 2d Sess. (1994)), the

Administration committed the

Department to flesh out through

regulation certain provisions of the bill.

In addition to regulations

implementing the URAA, the

Department intends to use this

opportunity to proceed further with

certain rulemaking proceedings on

which work was suspended pending the

completion of the Uruguay Round.

These proceedings are listed below. In

the Semiannual Unified Agenda of

Federal Regulations, published on April

25, 1994 (59 FR 20136), the Department

indicated that these rulemaking

proceedings had been withdrawn, but

that it intended to address the subject

matter covered by these rulemaking

proceedings as part of a new,

consolidated rulemaking proceeding

which, among other things, would

conform the antidumping and

countervailing duty regulations to

anticipated legislation implementing the

Uruguay Round. The withdrawn

rulemaking proceedings were:

• Antidumping Duties [RIN: 0625–

AA29]: On February 1, 1989 (54 FR

5092), the Department published an

Advance Notice of Proposed

Rulemaking concerning regulations that

would have codified existing

administrative practice with respect to

the identification and measurement of

dumping.

• Countervailing Duties [RIN: 0625–

AA31]: On May 31, 1989 (54 FR 23366),

the Department published a Notice of

Proposed Rulemaking that would have

codified existing administrative practice

with respect to the identification and

measurement of subsidies.

• Antidumping and Countervailing

Duties; Significant Ministerial Errors

[RIN: 0625–AA35]: On January 10, 1992

(57 FR 1131), the Department published

a Notice of Proposed Rulemaking setting

forth the circumstances in which the

Department would correct significant

ministerial errors made in preliminary

antidumping and countervailing duty

determinations.

• Antidumping Duties; Methodologies

for Assessment Instructions [RIN: 0625–

AA36]: On December 5, 1991 (56 FR

6396), the Department published an

Advance Notice of Proposed

Rulemaking regarding regulations which

would have changed and/or codified

existing administrative practice to

simplify and streamline the collection of

estimated antidumping duties and the

assessment of antidumping duties.

• Antidumping Duties; Calculation of

Weighted Average Dumping Margin

[RIN: 0625–AA39]: The Department had

considered initiating a rulemaking

proceeding which would have

addressed a problem in the

Department’s calculation of weightedaverage dumping margins caused by the

Department’s treatment of adjustments

for indirect taxes. See 59 FR 20156–57.

• Antidumping Duties; Period of

Investigation [RIN: 0625–AA41]: The

Department had considered initiating a

rulemaking proceeding to amend the

Department’s antidumping regulations

with respect to the period covered by an

antidumping investigation. See 59 FR

20157.