[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56605-56608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22746]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-IA-2008-N0223; 96300-1671-0000 FY08 R4]


Request for Information and Recommendations on Species Proposals, 
Resolutions, Decisions, and Agenda Items for Consideration at the 
Fifteenth Regular Meeting of the Conference of the Parties to the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora; U.S. Approach for the Meeting of the Conference of the 
Parties

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for information.

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SUMMARY: To implement the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES or the Convention), 
the Parties to the Convention meet periodically to review what species 
in international trade should be regulated and other aspects of the 
implementation of CITES. The fifteenth regular meeting of the 
Conference of the Parties to CITES (CoP15) is tentatively scheduled to 
be held in late January 2010 in Doha, Qatar. Therefore, with this 
notice we are soliciting recommendations for amending Appendices I and 
II of CITES at CoP15 as well as recommendations for resolutions, 
decisions, and agenda items for discussion at CoP15. We invite you to 
provide us with information and recommendations on animal and plant 
species that should be considered as candidates for U.S. proposals to 
amend CITES Appendices I and II. Such amendments may concern the 
addition of species to Appendix I or II, the transfer of species from 
one Appendix to another, or the removal of species from Appendix II. We 
also invite you to provide us with information and recommendations on 
possible resolutions, decisions, and agenda items for discussion at the 
upcoming meeting. Finally, with this notice we also describe the U.S. 
approach to preparations for CoP15.

DATES: We will consider all information and comments received by 
November 28, 2008.

ADDRESSES: Send correspondence pertaining to species proposals to the 
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 
North Fairfax Drive, Room 110, Arlington, Virginia 22203, or via e-mail 
to: <a href="/cdn-cgi/l/email-protection#b1c2d2d8d4dfc5d8d7d8d2d0c4c5d9dec3d8c5c8f1d7c6c29fd6dec7"><span class="__cf_email__" data-cfemail="d2a1b1bbb7bca6bbb4bbb1b3a7a6babda0bba6ab92b4a5a1fcb5bda4">[email protected]</span></a>. Comments and materials received 
pertaining to species proposals will be available for public 
inspection, by appointment, from 8 a.m. to 4 p.m., Monday through 
Friday, at the Division of Scientific Authority.
    Send correspondence pertaining to resolutions, decisions, and 
agenda items to the Division of Management Authority, U.S. Fish and 
Wildlife Service, 4401 North Fairfax Drive, Room 212, Arlington, 
Virginia 22203, or via e-mail at: <a href="/cdn-cgi/l/email-protection#5e1d310e6f6b1e38292d70393128"><span class="__cf_email__" data-cfemail="d390bc83e2e693b5a4a0fdb4bca5">[email protected]</span></a>. Comments and materials 
received pertaining to resolutions, decisions, and agenda items will be 
available for public inspection, by appointment, from 8 a.m. to 4 p.m., 
Monday through Friday, at the Division of Management Authority.

FOR FURTHER INFORMATION CONTACT: For information pertaining to species 
proposals: Rosemarie Gnam, Chief, Division of Scientific Authority, 
phone 703-358-1708, fax 703-358-2276, e-mail: 
<a href="/cdn-cgi/l/email-protection#becdddd7dbd0cad7d8d7dddfcbcad6d1ccd7cac7fed8c9cd90d9d1c8"><span class="__cf_email__" data-cfemail="b0c3d3d9d5dec4d9d6d9d3d1c5c4d8dfc2d9c4c9f0d6c7c39ed7dfc6">[email protected]</span></a>.
    For information pertaining to resolutions, decisions, and agenda 
items: Robert R. Gabel, Chief, Division of Management Authority, phone 
703-358-2095, fax 703-358-2298, e-mail: <a href="/cdn-cgi/l/email-protection#b2f1dde28387f2d4c5c19cd5ddc4"><span class="__cf_email__" data-cfemail="d596ba85e4e095b3a2a6fbb2baa3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, hereinafter referred to as CITES or the Convention, is 
an international treaty designed to regulate international trade in 
certain animal and plant species that are now or potentially may be 
threatened with extinction. These species are listed in the Appendices 
to CITES, which are available on the CITES Secretariat's Web site at 
http://www.cites.org/eng/app/index.shtml. Currently, 173 countries, 
including the United States, are Parties to CITES. The Convention calls 
for biennial meetings of the Conference of the Parties, which review 
its implementation, make provisions enabling the CITES Secretariat in 
Switzerland to carry out its functions, consider amendments to the list 
of species in Appendices I and II, consider reports presented by the 
Secretariat, and make recommendations for the improved effectiveness of 
CITES. Any country that is a Party to CITES may propose amendments to 
Appendices I and II, resolutions, decisions, and agenda items for 
consideration by all the Parties at the meeting.
    This is our first in a series of Federal Register notices that, 
together with announced public meetings, provide you with an 
opportunity to participate in the development of the U.S. submissions 
to and negotiating positions for the fifteenth regular meeting of the 
Conference of the Parties to CITES (CoP15). Our regulations governing 
this public process are found in 50 CFR 23.87.

Announcement of the Fifteenth Meeting of the Conference of the Parties

    We hereby notify you of the convening of CoP15, which is 
tentatively scheduled to be held in late January 2010 in Doha, Qatar.

U.S. Approach for CoP15

What are the priorities for U.S. submissions to CoP15?

    Priorities for U.S. submissions to CoP15 continue to be consistent 
with the overall objective of U.S. participation in the Convention: to 
maximize the effectiveness of the Convention in the conservation and 
sustainable use of species subject to international trade. With this in 
mind, we plan to consider the following factors in determining what 
issues to submit for inclusion in the agenda at CoP15:
    (1) Does the proposed action address a serious wildlife trade issue 
that the United States is experiencing as a range country for species 
in trade? Since our primary responsibility is the conservation of our 
domestic wildlife resources, we will give native species highest 
priority. We will place particular emphasis on terrestrial and 
freshwater species with the majority of their range in the United 
States and its territories that are or may be traded in significant 
numbers; marine species that occur in U.S. waters or for which the 
United States is a major exporter; and threatened and endangered 
species for which we and other Federal and State agencies already have 
statutory responsibility for protection and recovery. We also consider 
CITES listings as a proactive measure to

[[Page 56606]]

monitor and manage trade in native species to preclude the need for the 
application of stricter measures, such as listing under the Endangered 
Species Act or inclusion in CITES Appendix I.
    (2) Does the proposed action address a serious wildlife trade issue 
for species not native to the United States? As a major importer of 
wildlife and wildlife products, the United States has taken 
responsibility, by working in close consultation with range countries, 
for addressing cases of potential over-exploitation of foreign species 
in the wild. In some cases, the United States may not be a range 
country or a significant trading country for a species, but we will 
work closely with other countries to conserve species being threatened 
by unsustainable exploitation for international trade. We will consider 
CITES listings for species not native to the United States if those 
listings will assist in addressing cases of known or potential over-
exploitation of foreign species in the wild, and in preventing illegal, 
unregulated trade, especially if the United States is a major importer. 
These species will be prioritized based on the extent of trade and 
status of the species, and also the role the species play in the 
ecosystem, with emphasis on those species for which a CITES listing 
would offer the greatest conservation benefits to the species, 
associated species, and their habitats.
    (3) Does the proposed action address difficulties in implementing 
or interpreting the Convention by the United States as an importing or 
exporting country, and would the proposed action contribute to the 
effective implementation of the Convention by all Parties? Differences 
in interpretation of the Convention by 173 Party nations can result in 
inconsistencies in the way it is implemented. In addition, wildlife 
trade is dynamic and ever-changing, thus presenting problems when 
established procedures are not readily applicable to new situations. 
The United States experiences some of these problems and 
inconsistencies directly through its own imports and exports, but we 
also learn of these difficulties through our participation in various 
fora, such as the CITES Standing Committee and technical committees, 
and through discussions with other countries, non-governmental 
organizations, and the CITES Secretariat. When the United States cannot 
resolve these difficulties unilaterally or through bilateral 
discussions with trading partners, it may propose resolutions or 
decisions, usually in collaboration with other Parties, or have these 
topics included in the agenda of the meeting of the Conference of the 
Parties for discussion by all of the Parties.
    (4) Does the proposed action improve implementation of the 
Convention by increasing the quality of information and expertise used 
to support decisions by the Parties? With increased complexity, 
sophistication, and specialization in the biological sciences and other 
disciplines, it is critical that the CITES Parties have the best 
available information upon which to base decisions that affect the 
conservation of wildlife resources. Where appropriate, the United 
States will recommend actions to ensure the availability of up-to-date 
and accurate information to the Parties, including through the 
establishment of relationships with relevant international bodies, 
including other conventions, interjurisdictional resource management 
agencies, and international non-governmental organizations with 
relevant expertise.

Request for Information and Recommendations for Amending Appendices I 
or II

    One of the purposes of this notice is to solicit information and 
recommendations that will help us identify species that the United 
States should propose as candidates for addition to, removal from, or 
reclassification in the CITES Appendices, or to identify issues 
warranting attention by the CITES specialists on zoological and 
botanical nomenclature. This request is not limited to species 
occurring in the United States. Any Party may submit proposals 
concerning animal or plant species occurring in the wild anywhere in 
the world. We encourage the submission of information on species for 
possible inclusion in the Appendices if these species are subject to 
international trade that may be detrimental to the survival of the 
species. We also encourage you to keep in mind the U.S. approach to 
CoP15, described above in this notice, when determining what species 
the United States should propose for possible inclusion in the 
Appendices.
    Complete proposals are not being requested at this time, but are 
always welcome. Rather, we are asking you to submit convincing 
information describing: (1) The status of the species, especially trend 
information; (2) conservation and management programs for the species, 
including the effectiveness of enforcement efforts; and (3) the level 
of international as well as domestic trade in the species, especially 
trend information. You may also provide any other relevant information, 
and we appreciate receiving a list of references.
    The term ``species'' is defined in CITES as ``any species, 
subspecies, or geographically separate population thereof.'' Each 
species for which trade is controlled under CITES is included in one of 
three Appendices, either as a separate listing or incorporated within 
the listing of a higher taxon. The basic requirements for inclusion of 
species in the Appendices are contained in Article II of CITES. 
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. Appendix II also lists species that 
must be subject to regulation in order that trade in other CITES-listed 
species may be brought under effective control. Such listings 
frequently are necessary because of difficulty inspectors have at ports 
of entry or exit in distinguishing specimens of currently or 
potentially threatened species from other species. Because Appendix III 
only includes species that any Party may list unilaterally, we are not 
seeking input on possible U.S. Appendix-III listings with this notice, 
and we will not consider or respond to comments received concerning 
Appendix-III listings.
    CITES specifies that international trade in any readily 
recognizable parts or derivatives of animals listed in Appendices I or 
II, or plants listed in Appendix I, is subject to the same conditions 
that apply to trade in the whole organisms. With certain standard 
exclusions formally approved by the Parties, the same applies to the 
readily recognizable parts and derivatives of most plant species listed 
in Appendix II. Parts and derivatives usually not included (i.e., not 
regulated) for Appendix-II plants are: Seeds, spores, pollen (including 
pollinia), and seedlings or tissue cultures obtained in vitro and 
transported in sterile containers. You may refer to the CITES 
Appendices on the Secretariat's Web site at http://www.cites.org/eng/app/index.shtml for further exceptions and limitations.
    In 1994, the CITES Parties adopted criteria for inclusion of 
species in Appendices I and II, which were revised at CoP14 (in 
Resolution Conf. 9.24 (Rev. CoP14)) in June 2007. These criteria apply 
to all listing proposals and are available from the CITES Secretariat's 
Web site at http://www.cites.org, or upon request from the Division of 
Scientific Authority at the above address. Resolution Conf. 9.24 (Rev.

[[Page 56607]]

CoP14) also provides a format for complete proposals.

What information should be submitted?

    In response to this notice, to provide us with information and 
recommendations on species subject to international trade for possible 
proposals to amend the Appendices, please include as much of the 
following information as possible in your submission:
    (1) Scientific name and common name;
    (2) Population size estimates (including references if available);
    (3) Population trend information;
    (4) Threats to the species (other than trade);
    (5) The level or trend of international trade (as specific as 
possible but without a request for new searches of our records);
    (6) The level or trend in total take from the wild (as specific as 
reasonable); and
    (7) A short summary statement clearly presenting the rationale for 
inclusion in or removal or transfer from one of the Appendices, 
including which of the criteria in Resolution Conf. 9.24 (Rev. CoP14) 
are met.
    If you wish to submit more complete proposals for us to consider, 
please consult Resolution Conf. 9.24 (Rev. CoP14) for the format for 
proposals and a detailed explanation of each of the categories. 
Proposals to transfer a species from Appendix I to Appendix II, or to 
remove a species from Appendix II, must also be in accordance with the 
precautionary measures described in Annex 4 of Resolution Conf. 9.24 
(Rev. CoP14).

What will we do with the information we receive?

    One important function of the CITES Scientific Authority of each 
Party country is monitoring the international trade in plant and animal 
species, and ongoing scientific assessments of the impact of that trade 
on species. For native U.S. species listed in Appendices I and II, we 
monitor trade and export permits we authorize so we can prevent over-
utilization and restrict exports if necessary. We also work closely 
with the States to ensure that species are correctly listed in the 
CITES Appendices (or not listed, if a listing is not warranted). We 
actively seek information about U.S. and foreign species subject to 
international trade. The information submitted will help us monitor 
trade and its impact, as well as help us decide if we should submit or 
co-sponsor a proposal to amend the CITES Appendices. However, there may 
be species that qualify for CITES listing but for which we may decide 
not to submit a proposal to CoP15. Our decision will be based on a 
number of factors, including available scientific and trade 
information, whether or not the species is native to the United States, 
and for foreign species, whether or not a proposal is supported or co-
sponsored by at least one range country for the species. These factors 
and others are included in the U.S. approach to CoP15, described above 
in this notice. We intend to carefully consider all factors of the U.S. 
approach when deciding which species the United States should propose 
for possible inclusion in the Appendices.
    We will consult range countries for foreign species, and for 
species we share with other countries, after receiving and analyzing 
the information provided by the public in response to this notice as 
well as other information available to us.

Request for Information and Recommendations on Resolutions, Decisions, 
and Agenda Items

    Although we have not yet received formal notice of the provisional 
agenda for CoP15, we invite your input on possible agenda items that 
the United States could recommend for inclusion, or on possible 
resolutions and decisions of the Conference of the Parties that the 
United States could submit for consideration. Copies of the agenda and 
the results of the last meeting of the Conference of the Parties 
(CoP14) in The Hague, the Netherlands, in June 2007, as well as copies 
of all resolutions and decisions of the Conference of the Parties 
currently in effect, are available from the CITES Secretariat's Web 
site (http://www.cites.org/) or the Division of Management Authority at 
the above address.

Observers

    Article XI, paragraph 7 of CITES provides: ``Any body or agency 
technically qualified in protection, conservation or management of wild 
fauna and flora, in the following categories, which has informed the 
Secretariat of its desire to be represented at meetings of the 
Conference by observers, shall be admitted unless at least one-third of 
the Parties present object:
    (a) International agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
    (b) National non-governmental agencies or bodies which have been 
approved for this purpose by the State in which they are located.
Once admitted, these observers shall have the right to participate but 
not to vote.''
    National agencies or organizations within the United States must 
obtain our approval to participate in CoP15, whereas international 
agencies or organizations must obtain approval directly from the CITES 
Secretariat. We will publish information in a future Federal Register 
notice on how to request approved observer status. A fact sheet on the 
process is posted on our Web site at: http://www.fws.gov/international/pdf/ob.pdf.

Future Actions

    The next regular meeting of the Conference of the Parties (CoP15) 
is tentatively scheduled to be held in late January 2010 in Doha, 
Qatar. We have developed a tentative U.S. schedule to prepare for that 
meeting. The United States must submit any proposals to amend Appendix 
I or II, or any draft resolutions, decisions, and/or agenda items for 
discussion at CoP15, to the CITES Secretariat 150 days prior to the 
start of the meeting. In order to accommodate this deadline, we plan to 
publish a Federal Register notice approximately 10 months prior to 
CoP15 announcing tentative species proposals, draft resolutions, draft 
decisions, and agenda items to be submitted by the United States, and 
to solicit further information and comments on them.
    Approximately 4 months prior to CoP15, we will post on our Web site 
an announcement of the species proposals, draft resolutions, draft 
decisions, and agenda items submitted by the United States to the CITES 
Secretariat for consideration at CoP15. The deadline for submission of 
the proposals, draft resolutions, draft decisions, and agenda items to 
the Secretariat will be 150 days prior to the start of the meeting 
(tentatively late August 2009).
    Through a series of additional notices and Web site postings in 
advance of CoP15, we will inform you about preliminary negotiating 
positions on resolutions, decisions, and amendments to the Appendices 
proposed by other Parties for consideration at CoP15, and about how to 
obtain observer status from us. We will also publish announcements of 
public meetings tentatively to be held approximately 9 months prior to 
CoP15, and approximately 2 months prior to CoP15, to receive public 
input on our positions regarding CoP15 issues. The procedures for 
developing U.S. documents and negotiating positions for a meeting of 
the Conference of the Parties to CITES are outlined in 50 CFR 23.87. As 
noted,

[[Page 56608]]

we may modify or suspend the procedures outlined there if they would 
interfere with the timely or appropriate development of documents for 
submission to the CoP and U.S. negotiating positions.
    Author: The primary author of this notice is Anne St. John, 
Division of Management Authority, under the authority of the U.S. 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: September 10, 2008.
Pamela A. Matthes,
Acting Director.
[FR Doc. E8-22746 Filed 9-26-08; 8:45 am]
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