[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 73-80]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32271]



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DEPARTMENT OF THE INTERIOR
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 
[[Page 74]] 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 two-thirds 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 Sec. 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:

------------------------------------------------------------------------
                        Proposed                         Final decision 
     Species           amendment          Proponent      of the parties 
------------------------------------------------------------------------
     MAMMALS                                                            
                                                                        
Order Chiroptera:                                                       
    Acerodon       Transfer from II   Philippines.....  Approved.       
     jubatus        to I.                                               
     (Golden-                                                           
     capped fruit                                                       
     bat).                                                              
    Acerodon       Transfer from II   Philippines.....  Approved with   
     lucifer        to I.                                the annotation 
     (Panay giant                                        ``possibly     
     fruit bat).                                         extinct.''     
Order Edentata:                                                         
    Euphractus     Add to II........  Chile...........  Rejected.       
     spp.                                                               
     (Armadillos).                                                      
Order Pholidota:                                                        
    Manis spp.     Add to II........  Switzerland.....  Approved.       
     (Pangolins).                                                       
    Manis          Transfer from I    Switzerland.....  Approved.       
     temminckii     to II.                                              
     (Cape                                                              
     pangolin).                                                         
Order Rodentia:                                                         
    Chinchilla     Remove from I      Chile...........  Approved.       
     spp.           (domesticated                                       
     (Chinchillas   specimens in                                        
     ).             South America).                                     
[[Page 75]]                                                             
                                                                        
Order Cetacea:                                                          
    Balaenoptera   Transfer from I    Norway..........  Rejected.       
     acutorostrat   to II (Northeast                                    
     a (Minke       Atlantic and the                                    
     whale).        North Atlantic                                      
                    central stocks).                                    
Order Carnivora:                                                        
    Felis          Transfer from I    Switzerland.....  Approved except 
     bengalensis    to II (except                        for populations
     bengalensis    Chinese                              of India,      
     (Leopard       population,                          Bangladesh, and
     cat).          which is already                     Thailand, which
                    on II).                              remain on      
                                                         Appendix I.    
    Hyaena         Transfer from I    Switzerland.....  Approved.       
     brunnea        to II.                                              
     (Brown                                                             
     hyena).                                                            
    Conepatus      Add to II........  Chile...........  Withdrawn.      
     spp. (Hog-                                                         
     nosed                                                              
     skunks).                                                           
    Ailurus        Transfer from II   Netherlands.....  Approved.       
     fulgens (Red   to I.                                               
     panda).                                                            
Order                                                                   
 Proboscidea:                                                           
    Loxodonta      Transfer from I    South Africa....  Withdrawn.      
     africana       to II (South                                        
     (African       Africa's                                            
     elephant).     population).                                        
    Loxodonta      Transfer from I    Sudan...........  Withdrawn.      
     africana       to II (Sudan's                                      
     (African       population).                                        
     elephant).                                                         
Order                                                                   
 Perissodactyla:                                                        
    Ceratotherium  Transfer from I    South Africa....  Approved as     
     simun simun    to II (South                         amended to     
     (White         Africa's                             incorporate new
     rhinoceros).   population).                         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  Add to I.........  Vietnam.........  Approved.       
     vuquanghensi                                                       
     s (Giant                                                           
     muntjac).                                                          
    Pseudoryx      Add to I.........  Denmark.........  Approved.       
     nghetinhensi                                                       
     s (Vu Quang                                                        
     Ox).                                                               
    Saiga          Add to II........  United States...  Approved as     
     tatarica                                            amended to     
     (Saiga                                              include the    
     antelope).                                          entire species,
                                                         Saiga tatarica 
                                                         in Appendix II 
    Saiga          Add to I.........  United States...  Rejected.       
     tatarica                                                           
     mongolica                                                          
     (Saiga                                                             
     Antelope).                                                         
    Ovis vignei    Interpret listing  United States...  Withdrawn       
     (Urial         on Appendix I of                     (referred to   
     sheep).        Ovis vignei to                       the Animals and
                    include only O.                      Nomenclature   
                    v. vignei, and                       Committees for 
                    add other                            further study).
                    subspecies of                                       
                    Ovis vignei to                                      
                    Appendix II.                                        
    Vicugna        Transfer from I    Peru............  Approved.       
     vicugna        to II (remaining                     Approval       
     (Vicuna).      Peruvian                             includes       
                    Appendix I                           authority to   
                    populations).                        trade in wool  
                                                         from sheared,  
                                                         live vicunas   
                                                         and authority  
                                                         to sell 3249   
                                                         kilograms of   
                                                         stockpiled     
                                                         wool.          
    Vicugna        Amend annotation   Chile...........  Approved.       
     vicugna        for Appendix II                                     
     (Vicuna).      populations to                                      
                    allow the trade                                     
                    in wool sheared                                     
                    from live                                           
                    vicunas.                                            
    Hippopotamus   Add to II........  Belgium, Benin,   Approved.       
     amphibius                         and France.                      
     (Hippopotamu                                                       
     s).                                                                
      BIRDS                                                             
                                                                        
Order                                                                   
 Apterygiformes:                                                        
    Apteryx spp.   Add to I.........  New Zealand.....  Rejected.       
     (Kiwis).                                                           
Order                                                                   
 Tinamiformes:                                                          
    Rhynchotus     Remove from II...  Uruguay.........  Approved.       
     rufescens                                                          
     maculicollis                                                       
     (Red-winged                                                        
     tinamou).                                                          
    Rhynchotus     Remove from II...  Uruguay.........  Approved.       
     rufescens                                                          
     pallescens                                                         
     (Southern                                                          
     red-winged                                                         
     tinamou).                                                          
    Rhynchotus     Remove from II...  Uruguay.........  Approved.       
     rufescens                                                          
     rufescens                                                          
     (Western red-                                                      
     winged                                                             
     tinamou).                                                          
Order                                                                   
 Anseriformes:                                                          
    Anas           Transfer from II   New Zealand.....  Approved within 
     aucklandica    to I.                                the Appendix I 
     (currently                                          listing of the 
     listed as                                           species. Anas  
     Anas                                                aucklandica.   
     aucklandica                                                        
     aucklandica.                                                       
    Anas           Transfer from II   New Zealand.....  Approved within 
     chlorotis      to I.                                the Appendix I 
     (currently                                          listing of the 
     listed as                                           species. Anas  
     Anas                                                aucklandica.   
     aucklandica                                                        
     chlorotis).                                                        
    Anas nesiotis  Retain in I......  New Zealand.....  Approved within 
     (currently                                          the Appendix I 
     listed as                                           listing of the 
     Anas                                                species. Anas  
     aucklandica                                         aucklandica.   
     nesiotis .                                                         
Order                                                                   
 Galliformes:                                                           
    Xenoperdix     Add to I.........  Denmark.........  Withdrawn.      
     (Udzungwa                                                          
     forest                                                             
     partridge).                                                        
Order Gruiformes:                                                       
    Balearica      Transfer from II   Netherlands.....  Withdrawn.      
     pavonina       to I.                                               
     (Black-                                                            
     crowned                                                            
     crane).                                                            
Order                                                                   
 Psittaciformes:                                                        
    Cacatua        Transfer from I    Indonesia.......  Withdrawn.      
     goffini        to II.                                              
     (Goffin's                                                          
     cockatoo).                                                         
    Eos histrio    Transfer from II   Indonesia.......  Approved.       
     (Red and       to I.                                               
     blue lory).                                                        
[[Page 76]]                                                             
                                                                        
    Cyanoramphus   Transfer from II   New Zealand.....  Withdrawn.      
     malherbi       to I.                                Review of      
     (Orange-                                            status referred
     fronted                                             to the Animals 
     parakeet).                                          Committee.     
    Cyanoramphus   Transfer from I    New Zealand.....  Withdrawn.      
     novaezelandi   to II.                                              
     ae (New                                                            
     Zealand or                                                         
     Red-crowned                                                        
     parakeet.                                                          
    Psittacus      Transfer from I    United Kingdom..  Approved.       
     erithacus      to II.                                              
     princeps                                                           
     (African                                                           
     gray parrot).                                                      
    Psittacus      Retain in I in     United Kingdom..  Withdrawn.      
     erithacus      lieu of                                             
     (Sao Tome/     Psittacus                                           
     Principe       erithacus                                           
     populations    princeps.                                           
     of African                                                         
     gray parrot).                                                      
Order                                                                   
 Cuculiformes:                                                          
    Musophagidae   Add to II........  Netherlands.....  Approved as     
     spp.                                                amended from   
     (Turacos).                                          Musophagidae   
                                                         spp. to all    
                                                         Tauraco spp.   
Order                                                                   
 Apodiformes:                                                           
    Collocalia     Add to II........  Italy...........  Withdrawn. (A   
     spp. (Edible-                                       resolution to  
     nest                                                sponsor a      
     swiftlets.                                          workshop on    
                                                         sustainable use
                                                         of edible-nest 
                                                         swiftlets was  
                                                         approved).     
Order                                                                   
 Passeriformes:                                                         
    Agelaius       Add to I.........  Uruguay.........  Approved.       
     flavus                                                             
     (Saffron-                                                          
     cowled                                                             
     blackbird).                                                        
                                                                        
     REPTILES                                                           
                                                                        
Order Crocodylia:                                                       
    Melanosuchus   Transfer from I    Ecuador.........  Approved with   
     niger (Black   to II (Ecuador's                     zero export    
     caiman).       population                           quota for 2    
                    pursuant to                          years and      
                    Conf. 3.15 on                        review by the  
                    ranching.                            IUCN Crocodile 
                                                         Specialist     
                                                         Group after 2  
                                                         years.         
    Crocodylus     Change basis of    Madagascar......  Approved. Under 
     niloticus      maintenance of                       Conf. 7.14,    
     (Nile          Malagasy                             with export    
     crocodile).    population on II                     quotas of      
                    from Conf. 7.14                      ranched animals
                    to Conf. 3.15.                       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     Change basis of    South Africa....  Approved.       
     niloticus      maintenance of                                      
     (Nile          South Africa's                                      
     crocodile).    population on II                                    
                    from Conf. 7.14                                     
                    to Conf. 315.                                       
    Crocodylus     Transfer from II   Switzerland.....  Approved for    
     niloticus      to I (Madagascar                     Somalia        
     (Nile          and Somalia                          population.    
     crocodile).    populations).                        Proposal for   
                                                         Madagascar     
                                                         population     
                                                         withdrawn.     
    Crocodylus     Maintain in II     Tanzania........  Approved as     
     niloticus      with significant                     amended to     
     (Nile          increase in                          allow harvest  
     crocodile).    export quota                         quotas of 1,000
                    pursuant to                          per year for   
                    Conf. 7.14.                          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     Change basis of    Indonesia.......  Approved.       
     porosus        maintenance of                       Approval based 
     (Saltwater     Indonesian                           on Indonesia's 
     crocodile).    population on II                     self-imposed   
                    from Conf. 7.14                      zero export    
                    to Conf. 315.                        quota until    
                                                         their ranching 
                                                         programs are   
                                                         inspected and  
                                                         approved by the
                                                         IUCN Crocodile 
                                                         Specialist     
                                                         Group and the  
                                                         Secretariat.   
    Crocodylus     Transfer from II   Switzerland.....  Withdrawn.      
     porosus        to I (Indonesian                                    
     (Saltwater     population).                                        
     crocodile).                                                        
    Crocodylus     Change basis of    Australia.......  Approved.       
     porosus        maintenance of                                      
     (Saltwater     Australian                                          
     crocodile).    population on II                                    
                    from Conf. 3.15                                     
                    to Conf. 1.2.                                       
Order                                                                   
 Testudinata:                                                           
    Lissemys       Add to II........  Switzerland.....  Approved.       
     punctata                                                           
     Indian flap-                                                       
     shell                                                              
     turtle).                                                           
    Lissemys       Remove from I....  Switzerland.....  Approved.       
     punctata                                                           
     Indian flap-                                                       
     shell                                                              
     turtle).                                                           
    Terrapene      Add to II (retain  Netherlands,      Approved.       
     spp. (Box      T. coahuila in     United States.                   
     turtles).      I).                                                 
    Testudo        Transfer from II   Egypt...........  Approved.       
     kleinmanni     to I.                                               
     (Egyptian                                                          
     tortoise).                                                         
Order                                                                   
 Rhynchocephalia:                                                       
    Sphenodon      Add to I.........  New Zealand.....  Approved, as    
     spp.                                                Sphenodon spp. 
     (Tuataras)                                                         
     or Sphenodon                                                       
     quntheri                                                           
     (Brother's                                                         
     Island                                                             
     tuatara).                                                          
Order Sauria:                                                           
    Phymaturus     Add to II........  Chile...........  Rejected.       
     flagellifer                                                        
     (Racerunner                                                        
     lizard).                                                           
[[Page 77]]                                                             
                                                                        
    Pristidactylu  Add to II........  Chile...........  Withdrawn.      
     s alvaro.                                                          
    Pristidactylu  Add to II........  Chile...........  Withdrawn.      
     s torquatus.                                                       
    Pristidactylu  Add to II........  Chile...........  Withdrwan.      
     s valeriae.                                                        
    Pristidactylu  Add to II........  Chile...........  Withdrawn.      
     s                                                                  
     volcanensis.                                                       
    Callopistes    Add to II........  Chile...........  Withdrawn.      
     pallum.                                                            
    Varnus         Transfer from I    Bangladesh......  Withdrawn       
     bengalensis    to II                                               
     (Indian        (Bangladesh                                         
     monitor).      population).                                        
    Varanus        Transfer from I    Bangladesh......  Withdrawn.      
     flavescens     to II                                               
     (Yellow        (Bangladesh                                         
     monitor).      population.                                         
    AMPHIBIANS                                                          
                                                                        
Order Anura:                                                            
    Bufo           Add to I.........  Netherlands.....  Approved.       
     periglenes                                                         
     (Monte Verde                                                       
     or Golden                                                          
     toad).                                                             
    Mantella       Add to I           Netherlands and   Approved        
     aurantiaca     (Netherlands,      Germany.          (inclusion in  
     (Malagasy      Add to II                            Appendix II).  
     golden frog).  (Germany).                                          
                                                                        
       FISH                                                             
                                                                        
Order                                                                   
 Osteoglossiforme                                                       
 s:                                                                     
    Scleropages    Transfer from II   Indonesia.......  Approved.       
     formosus       to I (Indonesian                                    
     (Asian         population).                                        
     bonytongue).                                                       
    Scleropages    Transfer from II   Switzerland.....  Withdrawn.      
     formosus       to I (Indonesian                                    
     (Asian         population).                                        
     bonytongue).                                                       
                                                                        
     MOLLUSCS                                                           
                                                                        
    Charonia       Add to II........  Austalia........  Withdrawn.      
     tritonis                                                           
     (Giant                                                             
     triton).                                                           
    Placostylus    Add to II (New     New Zealand.....  Withdrawn.      
     spp. (New      Zealand                                             
     Zealand flax   population).                                        
     snails).                                                           
    Powelliphanta  Add to II (New     New Zealand.....  Withdrawn.      
     spp. (New      Zealand                                             
     Zealand land   population).                                        
     snails).                                                           
                                                                        
     INSECTS                                                            
                                                                        
    Colophon spp.  Add to I.........  Netherlands.....  Withdrawn.      
     (Cape stag                                                         
     beetles).                                                          
                                                                        
    ARACHNIDS                                                           
                                                                        
    Brachypelma    Add to II........  United States...  Approved.       
     spp. (Red-                                                         
     knee                                                               
     tarantulas).                                                       
    Pandinus       Add to II........  Ghana...........  Approved.       
     imperator                                                          
     (Emperor                                                           
     scorpion).                                                         
    Pandinus       Add to II........  Ghana...........  Approved.       
     gambiensis                                                         
     (scorpion).                                                        
    Pandinus       Add to II........  Ghana...........  Approved.       
     dictator                                                           
     (scorpion).                                                        
      PLANTS                                                            
                                                                        
Family                                                                  
 Apocynaceae:                                                           
    Pachypodium    Transfer from II   Madagascar &      Approved.       
     ambongense.    to I.              Switzerland.                     
    P. brevicaule  Transfer from I    Madagascar &      Approved. No    
                    to II.             Switzerland.      adult wild     
                                                         plants to be   
                                                         exported before
                                                         COP10 (in      
                                                         1997).         
    P. namaquanum  Transfer from I    Switzerland.....  Approved.       
                    to II.                                              
Family Araceae:                                                         
    Alocasia       Remove from II...  Switzerland.....  Approved.       
     sanderiana.                                                        
Family                                                                  
 Balanophoraceae:                                                       
    Dactylanthus   Add to I.........  New Zealand.....  Rejected.       
     taylorii.                                                          
Family                                                                  
 Berberidaceae:                                                         
    Berberis       Add to II........  India...........  Rejected.       
     aristata de                                                        
     Candolle.                                                          
Family Cactaceae:                                                       
    Astrophytum    Transfer from I    Mexico &          Withdrawn.      
     asterias.      to II.             Switzerland.                     
    Leuchtenbergi  Transfer from I    Mexico &          Approved.       
     a principis.   to II.             Switzerland.                     
    Mammillaria    Transfer from I    Mexico &          Approved.       
     plumosa.       to II.             Switzerland.                     
Family Ebenaceae:                                                       
    Diospyros mun  Add to II........  Germany.........  Withdrawn.      
Family                                                                  
 Euphorbiaceae:                                                         
    Euphorbia      Transfer from II   Madagascar &      Approved.       
     cremersii.     to I.              Switzerland.                     
    Euphorbia      Transfer from I    Madagascar &      Approved.       
     primulifolia.  to II.             Switzerland.                     
Family                                                                  
 Gentianaceae:                                                          
    Gentiana       Add to II........  India...........  Withdrawn.      
     kurroo.                                                            
Family                                                                  
 Leguminosae                                                            
 (Fabaceae):                                                            
    Dalbergia      Add to II........  Germany: Kenya..  Both proposals  
     melanoxylon.                                        withdrawn.     
    Pterocarpus    Add to II........  India...........  Approved, with  
     santalinus.                                         amendment to   
                                                         exclude        
                                                         finished       
                                                         musical        
                                                         instruments,   
                                                         formulations   
                                                         and chemical   
                                                         derivatives.   
[[Page 78]]                                                             
                                                                        
Family Liliaceae:                                                       
    Aloe           Transfer from II   Madagascar &      Approved.       
     albiflora.     to I.              Switzerland.                     
    Aloe alfredii  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe bakeri..  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe           Transfer from II   Madagascar &      Approved.       
     bellatula.     to I.              Switzerland.                     
    Aloe           Transfer from II   Madagascar &      Approved.       
     calcairophil   to I.              Switzerland.                     
     a.                                                                 
    Aloe           Transfer from II   Madagascar &      Approved.       
     compressa      to I.              Switzerland.                     
     (inc. var.                                                         
     rugosquamosa                                                       
     and var.                                                           
     schistophila                                                       
     ).                                                                 
    Aloe           Transfer from II   Madagascar &      Approved.       
     delphinensis.  to I.              Switzerland.                     
    Aloe           Transfer from II   Madagascar &      Approved.       
     descoingsii.   to I.              Switzerland.                     
    Aloe fragilis  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe           Transfer from II   Madagascar &      Approved.       
     haworthioide   to I.              Switzerland.                     
     s (inc. var.                                                       
     aurantiaca).                                                       
    Aloe helenae.  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe laeta     Transfer from II   Madagascar &      Approved.       
     (inc. var.     to I.              Switzerland.                     
     maniensis).                                                        
    Aloe           Transfer from II   Madagascar &      Approved.       
     paralleliofo   to I.              Switzerland.                     
     lia.                                                               
    Aloe parvula.  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe rauhii..  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe suzannae  Transfer from II   Madagascar &      Approved.       
                    to I.              Switzerland.                     
    Aloe vera      Remove from II...  Switzerland.....  Approved, with  
     (syn. A.                                            problems       
     barbadensis).                                       referred to    
                                                         Plants         
                                                         Committee.     
    Aloe           Transfer from II   Madagascar &      Approved.       
     versicolor.    to I.              Switzerland.                     
    Colchicum      Add to II........  India...........  Withdrawn.      
     luteum.                                                            
Family Meliaceae:                                                       
    Entandrophgra  Add to II........  Germany.........  Withdrawn.      
     gma spp.                                                           
    Khaya spp....  Add to II........  Germany.........  Withdrawn.      
    Swietenia      Add to II........  Netherlands.....  Rejected, as    
     macrophylla                                         amended at COP9
     in the                                              to read        
     neotropics,                                         ``including    
     incl.                                               natural hybrids
     natural                                             with S.        
     hybrids with                                        humilis, and   
     S. humilis,                                         excluding all  
     and sic with                                        parts and      
     S. mahagoni.                                        derivatives    
                                                         except logs,   
                                                         sawn wood,     
                                                         veneer sheets  
                                                         and plywood    
                                                         sheets.''      
Family                                                                  
 Orchidaceae:                                                           
    Cattleya       Transfer from I    Switzerland &     Approved.       
     skinneri.      to II.             Mexico.                          
    Cypripedium    Transfer from II   India...........  Rejected.       
     cordigerum.    to I.                                               
    Cypripedium    Transfer from II   India...........  Rejected.       
     elegans.       to I.                                               
    Cypripedium    Transfer from II   India...........  Rejected.       
     himalaicum.    to I.                                               
    Cypripedium    Transfer from II   India...........  Rejected.       
     tibeticum.     to I.                                               
    Dendrobium     Transfer from II   Thailand........  Approved.       
     cruentum.      to I.                                               
    Didiciea       Transfer from I    Switzerland.....  Approved.       
     cunninghamii.  to II.                                              
    Lycaste        Transfer from I    Switzerland &     Approved.       
     skinneri       to II.             Mexico.                          
     var. alba.                                                         
Family                                                                  
 Polygonaceae:                                                          
    Rheum          Add to II........  India...........  Withdrawn.      
     australe.                                                          
Family                                                                  
 Ranunculaceae:                                                         
    Aconitum       Add to II........  India...........  Withdrawn.      
     deinorrhizum.                                                      
    Aconitum       Add to II........  India...........  Withdrawn.      
     ferox.                                                             
    Aconitum       Add to II........  India...........  Withdrawn.      
     heterophyllu                                                       
     m.                                                                 
    Coptis teeta.  Add to II........  India...........  Withdrawn.      
Family Rosaceae:                                                        
    Prunus         Add to II........  Kenya...........  Approved.       
     africana.                                                          
Family                                                                  
 Scrophulariaceae                                                       
 :                                                                      
    Picrorhiza     Add to II........  India...........  Withdrawn.      
     kurrooa.                                                           
[[Page 79]]                                                             
                                                                        
Family Taxaceae:                                                        
    Taxus          Add to II........  India...........  Approved with   
     wallichiana                                         amendment to   
     (= T.                                               exclude        
     baccata ssp.                                        finished       
     wallichiana).                                       pharmaceutical 
                                                         products (i.e.,
                                                         end-point      
                                                         medicines such 
                                                         as taxol).     
Family Theaceae:                                                        
    Camellia       Remove from II...  Switzerland.....  Withdrawn.      
     chrysantha.                                                        
Family                                                                  
 Thymelaeaceae:                                                         
    Aquilaria      Add to II........  India...........  Approved.       
     malaccensis                                                        
     (syn. A.                                                           
     agallocha).                                                        
Family                                                                  
 Valerianaceae:                                                         
    Nardostachys   Add to II........  India...........  Withdrawn.      
     grandiflora.                                                       
    Parts and      With respect to    Germany.........  Approved.       
     Derivatives    Appendix II                                         
     Proposal.      plant replace                                       
                    the standard                                        
                    exclusions.                                         
                   ``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 
Sec. 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 
Sec. 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 [[Page 80]] 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]
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