Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Notices 26897

Fish and Wildlife Service

Convention on International Trade in

Endangered Species (CITES)

Notification; Recommendations From

CITES Secretariat Regarding

Prohibitions of Trade in Certain Animal

Species From Several Countries

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of Information No. 24.

SUMMARY: This is a schedule III notice.

This notice supersedes paragraph J of

Notice of Information Number 23

published in the Federal Register on

December 7, 1994 (59 FR 63101), and

adds import restrictions to those

addressed in Notice of Information

Number 23. Wildlife subject to this

notice is subject to detention, refusal of

clearance or seizure, and forfeiture if

imported into the United States.

Violators may also be subject to criminal

or civil prosecution.

On January 20, 1995, the CITES

Secretariat issued Notification to the

Parties No. 833 urging Parties to

suspend imports of certain animal

species from the following twelve

countries: Argentina, Azerbaijan, China,

Indonesia, Latvia, Lithuania,

Madagascar, Peru, Republic of Moldova,

Solomon Islands, Ukraine, and the

United Republic of Tanzania. That

Notification superseded Notification to

the Parties No. 800, which was

implemented by the Fish and Wildlife

Service (Service) in Notice of

Information 23. Several of the import

suspensions in Notification to the

Parties No. 833 were identical to

Notification to the Parties No. 800, three

were in addition, and one suspension

was removed. The restrictions on

imports of Rana tigerina and Rana

hexadactyla from India, announced in

Notice of Information No. 23, paragraph

D, continue in effect even though India

is no longer addressed by the Standing

Committee recommendations on

significant trade in Appendix II species.

The Secretariat has indicated that India

prohibits the harvesting and export of

these species. It recommends that the

parties continue to prohibit the import

of such species from India. This notice

fully implements those changes.

Notification was based on a decision

made by the CITES Standing Committee

during a meeting held in November,

1994, which asked CITES Party

countries to suspend imports in certain

animal species from the affected

countries, and was in addition to

decisions made by the Standing

Committee in its meeting on April 21,

1994 (published in the Federal Register

on December 7, 1994). All of these

actions were authorized by CITES

Resolution Conference 8.9, adopted at

the Eighth Meeting of the Conference of

the Parties in Kyoto, Japan, in 1992,

which established a procedure for

developing remedial actions and calling

for implementation by party countries

through import suspensions, if

voluntary compliance by exporting

countries is not satisfactory, and were

strongly endorsed in discussions at the

Ninth Meeting of the Conference of the

Parties in Fort Lauderdale, Florida, in

November, 1994.

DATES: This notice is effective on May

19, 1995, and will be effective until

further notice. The new import

measures announced in this notice shall

apply to shipments of wildlife which

have a date of export fifteen (15) days

after the effective date of this Notice.

The import restrictions in Notice of

Information No. 23, other than the one

lifted herein, remain in effect.

ADDRESSES: Dr. Susan S. Lieberman,

U.S. Fish and Wildlife Service, Office of

Management Authority, 4401 N. Fairfax

Dr., room 420C, Arlington, VA 22203,

regarding Notifications to the Parties, or

Frank S. Shoemaker Jr., Special Agent in

Charge, Investigations, U.S. Fish and

Wildlife Service, Division of Law

Enforcement, 4401 N. Fairfax Drive.,

room 500, Arlington, VA 22203, for

enforcement actions.

FOR FURTHER INFORMATION CONTACT: Dr.

Susan S. Lieberman, U.S. Fish and

Wildlife Service, Office of Management

Authority, telephone (703)358–2093,

regarding Notifications to the Parties, or

Frank S. Shoemaker Jr., Special Agent in

Charge, Investigations, U.S. Fish and

Wildlife Service, Division of Law

Enforcement, telephone (703) 358–1949,

for enforcement actions.

SUPPLEMENTARY INFORMATION: Article IV,

paragraph 2(a) of the CITES treaty

allows commercial and noncommercial

trade in species listed in CITES

Appendix II. Export permits for such

trade may be issued only if a designated

Management Authority of the country

has determined that the specimens were

legally acquired, and if a designated

Scientific Authority of that country has

advised the Management Authority that

the export will not be detrimental to the

survival of the species. Article IV,

paragraph 3 goes on to require that

exports of Appendix II species be

limited in any way necessary to ensure

that the population level of a species is

consistent with that species’ role in its

ecosystem and that the population level

of that species be maintained well above

the level where it might qualify for

inclusion in Appendix I.

Over the past decade, the CITES party

countries have become increasingly

concerned that certain Appendix II

species are subject to particularly high

volumes of trade without sufficient

biological data for Scientific Authorities

to make the necessary judgments that

exports are not detrimental to the

species, as required by Article IV. In

1983, CITES parties adopted a

resolution at the Fourth Conference of

the Parties in Gaborone, Botswana,

acknowledging that many parties are not

effectively implementing Article IV and

thus risk losing the benefits of

continued availability of these

resources. This resolution, Conf. 4.7,

established a project to identify

Appendix II species involved in

significant levels of international trade,

and to develop and negotiate with

exporting and importing countries

whatever measures were necessary to

bring trade down to levels consistent

with Article IV.

In 1987, at the Sixth Conference of the

Parties in Ottawa, Canada, parties

charged the newly established CITES

Animals Committee with the task of

establishing a list of Appendix II species

being significantly affected by trade,

reviewing all available information, and

formulating remedial measures for these

species. The CITES Secretariat

coordinated or contracted for studies to

develop lists of mammal, bird, and

reptile species and collect relevant

information about these species, in

cooperation with the World

Conservation Union (formerly the

International Union for the

Conservation of Nature and Natural

Resources). The Service cooperated with

and provided financial support for a

number of these studies.

At the Eighth Conference of the

Parties in 1992, in Kyoto, Japan, CITES

parties adopted a resolution developed

by the CITES Animals Committee which

recognized that substantial trade in

wild-caught animals was still going on

contrary to the provisions of Article IV,

and that necessary remedial measures

were not being properly implemented.

This resolution, Conf. 8.9, established a

formal process for the Animals

Committee to develop remedial

measures, including ‘‘zero quotas’’ (that

is, temporary trade bans) when

appropriate; for the Secretariat to

communicate these recommendations to

the exporting countries; and, where

exporting countries do not satisfactorily

implement the measures, for the CITES

Standing Committee to call on parties to

suspend imports of these species from

the offending countries until they are in

compliance. All of these actions were

strongly endorsed in committee and
26898 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Notices

plenary discussions at the Ninth

Meeting of the Conference of the Parties

in Fort Lauderdale, Florida, in

November, 1994.

During meetings of the Animals

Committee between the Eighth and

Ninth Meetings of the Conference of the

Parties, attended by representatives of

the Service, remedial measures were

developed and subsequently

communicated to exporting countries by

the Secretariat. The Standing Committee

reviewed reports from the Secretariat of

compliance and noncompliance with

these remedial measures during three

meetings in 1993 and 1994. The Service

represented the United States in these

meetings, with the Department of State.

During the Standing Committee

meetings in Geneva, Switzerland, in

March, 1994, and Fort Lauderdale,

Florida, in November, 1994, the

Standing Committee directed the

Secretariat to issue a formal notice

calling for a suspension of trade in

particular Appendix II species from

certain CITES parties.

Accordingly, on April 21, 1994, the

Secretariat issued Notification to the

Parties number 800, calling for a

suspension of imports of certain species

from twelve countries. Implementation

of these restrictions was necessary to

stop trade considered to be detrimental

to the survival of the species and thus

in contravention of the requirements of

CITES Article IV. CITES parties failing

to implement these trade suspensions

would be contributing to the decline of

the affected species, and would be

subject to formal citation in the CITES

Infractions Report and possible censure

by the CITES Conference of the Parties.

Pursuant to the Endangered Species

Act of 1973 (16 U.S.C. 1531–1544), the

U.S. Fish and Wildlife Service is

granted the authority to detain, refuse

clearance of, or seize any fish or wildlife

or plants that are imported into the

United States in violation of CITES.

Regulations contained in 50 CFR

14.53(c) indicate that refusal of

clearance of imported wildlife is

warranted if there are reasonable

grounds to believe that documentation

for the clearance of such wildlife is not

valid. Similarly, regulations contained

in 50 CFR 23.12(a)(2) require that all

imports of Appendix II wildlife into the

United States be accompanied by a valid

foreign export permit or re-export

certificate, unless an exemption applies.

The Service agrees with Notification to

the Parties numbers 800 and 833 and

believes that any permits issued for the

indicated species by the affected

countries are not valid because required

findings of ‘‘non-detriment’’ and/or

lawful acquisition have not been

credibly demonstrated by the exporting

countries in light of the significant trade

level in particular Appendix II species.

Notification to the Parties number 833

incorporates all of the recommendations

of Notification to the Parties number

800, with the following changes: (1) The

trade suspension for ball pythons from

Togo is lifted; (2) the trade suspension

for the United Republic of Tanzania is

amended to include six additional

species; (3) a trade suspension is

implemented for several species from

Madagascar; and (4) a trade suspension

is implemented for two butterfly species

from Solomon Islands.

The subjects of this notice are as

follows:

A. Subject

Togo: ban on imports of specimens of

ball python (Python regius).

Source of Foreign Law Information

CITES Secretariat Notification to the

Parties No. 833, issued on January 20,

1995, calls on Parties to lift the

suspension of imports of Python regius

specimens from Togo.

Action by the Fish and Wildlife Service

Since the publication of Notice of

Information No. 23 (59 FR 63101), the

Secretariat has received information

from the Management Authority of Togo

relating to its implementation of the

recommendations of the Animals

Committee on significant levels of trade

in Python regius. The Secretariat is

satisfied that Togo has initiated the

action necessary to implement these

recommendations. Therefore, the

Standing Committee’s recommendation

to the Parties to suspend imports of

specimens of Python regius is hereby

withdrawn, and shipments of specimens

of Python regius may be imported into

the United States, directly or indirectly,

from Togo, as long as all applicable

CITES requirements and Service import

requirements are met.

B. Subject

United Republic of Tanzania: ban on

imports of specimens of Brown-headed

Parrot (Poicephalus cryptoxanthus),

Brown Parrot (Poicephalus meyeri),

Red-bellied Parrot (Poicephalus

rufiventris), Fischer’s Turaco (Tauraco

fischeri), Leopard tortoise (Geochelone

pardalis), and Sand boa (Eryx

colubrinus).

This is a Schedule III Notice

Wildlife subject to this notice is

subject to detention, refusal of

clearance, or seizure and forfeiture if

imported into the United States.

Source of Foreign Law Information

CITES Secretariat Notification to the

Parties No. 833, issued on January 20,

1995, calls on Parties to suspend

imports of Brown-headed Parrot

(Poicephalus cryptoxanthus), Brown

Parrot (Poicephalus meyeri), Red-bellied

Parrot (Poicephalus rufiventris),

Fischer’s Turaco (Tauraco fischeri),

Leopard tortoise (Geochelone pardalis),

and Sand boa (Eryx colubrinus)

specimens from the United Republic of

Tanzania.

Action by the Fish and Wildlife Service

Based on information received, the

United Republic of Tanzania has not

satisfactorily implemented the

recommendations of the CITES Standing

Committee. Specifically, the

Management Authority of the United

Republic of Tanzania must advise the

CITES Secretariat of the following: The

biological basis for determining that

exports of specimens of Poicephalus

cryptoxanthus, Poicephalus meyeri,

Poicephalus rufiventris, Geochelone

pardalis, and Eryx colubrinus will not

be detrimental to the survival of the

species; the establishment and level of

an annual export quota for Tauraco

fischeri; the legal protection status of

Geochelone pardalis; and the status of

wild populations of Eryx colubrinus in

the United Republic of Tanzania.

Therefore, in accordance with the

responsibility of the United States under

CITES, and effective immediately and

until further notice from the U.S. Fish

and Wildlife Service, no shipments of

specimens of Brown-headed Parrot

(Poicephalus cryptoxanthus), Brown

Parrot (Poicephalus meyeri), Red-bellied

Parrot (Poicephalus rufiventris),

Fischer’s Turaco (Tauraco fischeri),

Leopard tortoise (Geochelone pardalis),

and Sand boa (Eryx colubrinus) may be

imported into the United States, directly

or indirectly, from the United Republic

of Tanzania, unless an exemption in

CITES Article VII applies. This is in

addition to the import prohibitions of

Notice of Information No. 23, paragraph

L, (59 FR 63101, 63104–05).

Furthermore, the Wild Bird

Conservation Act of 1992 already

prohibits the importation of specimens

of Brown-headed Parrot (Poicephalus

cryptoxanthus), Brown Parrot

(Poicephalus meyeri), Red-bellied Parrot

(Poicephalus rufiventris), and Fischer’s

Turaco (Tauraco fischeri) without the

required permits being issued by the

Service.

C. Subject

Madagascar: ban on imports of

specimens of Vasa Parrot (Coracopsis
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Notices 26899

vasa), Chameleons (Chamaeleo

spp.)(except Chamaeleo lateralis,

Chamaeleo oustaleti, Chamaeleo

pardalis and Chamaeleo verrucosus),

and Day geckos (Phelsuma spp.)(except

Phelsuma laticauda, Phelsuma lineata,

Phelsuma madagascariensis, and

Phelsuma quadriocellata).

This is a Schedule III Notice

Wildlife subject to this notice is

subject to detention, refusal of clearance

or seizure, and forfeiture if imported

into the United States.

Source of Foreign Law Information

CITES Secretariat Notification to the

Parties No. 833, issued on January 20,

1995, calls on Parties to suspend

imports of Vasa Parrot (Coracopsis

vasa), Chameleons (Chamaeleo

sp.)(except Chamaeleo lateralis,

Chamaeleo oustaleti, Chamaeleo

pardalis and Chamaeleo verrucosus),

and Day geckos (Phelsuma sp.)(except

Phelsuma laticauda, Phelsuma lineata,

Phelsuma madagascariensis, and

Phelsuma quadriocellata) specimens

from Madagascar.

Action by the Fish and Wildlife Service

Based on information received,

Madagascar has not satisfactorily

implemented the recommendations of

the CITES Standing Committee.

Specifically, the Management Authority

of Madagascar must advise the CITES

Secretariat of the following: The

biological basis for determining that

exports of Coracopsis vasa, Chamaeleo

sp. (except Chamaeleo lateralis,

Chamaeleo oustaleti, Chamaeleo

pardalis, and Chamaeleo verrucosus),

and Phelsuma sp. (except Phelsuma

laticauda, Phelsuma lineata, Phelsuma

madagascariensis, and Phelsuma

quadriocellata) will not be detrimental

to the survival of the species; the

suspension of exports of Chamaeleo sp.

and Phelsuma sp. (except those species

previously indicated) pending the

establishment of scientifically-based

sustainable harvest quotas; evidence

that CITES implementation is improving

by regular submission of copies of

export permits issued; evidence to

indicate that export permits will only be

issued that indicate the species involved

in a given consignment; and evidence to

confirm the implementation of a system

to verify the identification of specimens

of Chamaeleo sp. and Phelsuma sp. in

consignments before they are exported.

Therefore, in accordance with the

responsibility of the United States under

CITES, and effective immediately and

until further notice from the U.S. Fish

and Wildlife Service, no shipments of

specimens of Vasa Parrot (Coracopsis

vasa), Chameleons (Chamaeleo

sp.)(except Chamaeleo lateralis,

Chamaeleo oustaleti, Chamaeleo

pardalis and Chamaeleo verrucosus),

and Day geckos (Phelsuma spp.)(except

Phelsuma laticauda, Phelsuma lineata,

Phelsuma madagascariensis, and

Phelsuma quadriocellata) may be

imported into the United States, directly

or indirectly, from Madagascar, unless

an exemption in CITES Article VII

applies. In addition, the Wild Bird

Conservation Act of 1992 already

prohibits the importation of specimens

of Vasa Parrot (Coracopsis vasa) without

the required permits being issued by the

Service.

D. Subject

Solomon Islands: ban on imports of

specimens of Bird Wing Butterflies

(Ornithoptera urvillianus) and

(Ornithoptera victoriae)

This is a Schedule III Notice

Wildlife subject to this notice is

subject to detention, refusal of clearance

or seizure, and forfeiture if imported

into the United States.

Source of Foreign Law Information

CITES Secretariat Notification to the

Parties No. 833, issued on January 20,

1995, calls on Parties to suspend

imports of Bird Wing Butterfly

(Ornithoptera urvillianus) and

(Ornithoptera victoriae) specimens from

the Solomon Islands.

Action by the Fish and Wildlife Service

Based on information received, the

Solomon Islands has not satisfactorily

implemented the recommendations of

the CITES Standing Committee.

Specifically, the Management Authority

of the Solomon Islands must advise the

CITES Secretariat of the following: the

biological basis for determining that

exports of Ornithoptera urvillianus and

Ornithoptera victoriae will not be

detrimental to the survival of the

species. Therefore, in accordance with

the responsibility of the United States

under CITES, and effective immediately

and until further notice from the U.S.

Fish and Wildlife Service, no shipments

of specimens of Bird Wing Butterflies

(Ornithoptera urvillianus) and

(Ornithoptera victoriae) may be

imported into the United States, directly

or indirectly, from the Solomon Islands,

unless an exemption in CITES Article

VII applies.

Dated: May 15, 1995.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–12371 Filed 5–18–95; 8:45 am]

BILLING CODE 4310–55–P

Minerals Management Service

Outer Continental Shelf, Central and

Western Gulf of Mexico Oil and Gas

Lease Sales 157 and 161

AGENCY: Minerals Management Service,

Interior.

ACTION: Availability of the proposed

notices of sale.

Gulf of Mexico Outer Continental

Shelf (OCS); Notice of Availability of

the Proposed Notice of Sale for

proposed Oil and Gas Lease Sales 157

in the Central Gulf of Mexico, and

proposed Oil and Gas Lease Sale 161 in

the Western Gulf of Mexico. This Notice

of Availability is published pursuant to

30 CFR 256.29(c), as a matter of

information to the public.

With regard to oil and gas leasing on

the OCS, the Secretary of the Interior,

pursuant to section 19 of the OCS Lands

Act, as amended, provides the affected

States the opportunity to review the

proposed Notice of Sale.

The proposed Notices of Sale of

proposed Sales 157 and 161 may be

obtained by written request to the

Public Information Unit, Gulf of Mexico

Region, Minerals Management Service,

1201 Elmwood Park Boulevard, New

Orleans, Louisiana 70123–2394, or by

telephone at (504) 736–2519.

The final Notices of Sale will be

published in the Federal Register at

least 30 days prior to the date of the bid

opening.

Bid opening is scheduled for early

1996 for proposed Sale 157, and mid1996 for proposed Sale 161.

Dated: May 2, 1995.

Cynthia Quarterman,

Director, Minerals Management Service.

[FR Doc. 95–12345 Filed 5–18–95; 8:45 am]

BILLING CODE 4310–MR–M

INTERNATIONAL TRADE

COMMISSION

[Investigations Nos. 701–TA–365–366

(Preliminary) and 731–TA–734–735

(Preliminary)]

Certain Pasta From Italy and Turkey

AGENCY: International Trade

Commission.