[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33460-33464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16410]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-IA-2009-N0103; 96300-1671-0000 FY09 R4]


Conference of the Parties to the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Fifteenth 
Regular Meeting: Proposed Resolutions, Decisions, and Agenda Items 
Being Considered; Taxa Being Considered for Amendments to the CITES 
Appendices; Observer Information

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The United States, as a Party to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), may submit proposed resolutions, decisions, and agenda items 
for consideration at meetings of the Conference of the Parties to 
CITES. The United States may also propose amendments to the CITES 
Appendices for consideration at meetings of the Conference of the 
Parties. The fifteenth regular meeting of the Conference of the Parties 
to CITES (CoP15) is tentatively scheduled to be held in Doha, Qatar, 
March 13-25, 2010.
    With this notice, we describe proposed resolutions, decisions, and 
agenda items that the United States is considering submitting for 
consideration at CoP15; describe proposed amendments to the CITES 
Appendices (species proposals) that the United States is considering 
submitting for consideration at CoP15; invite your comments and 
information on these proposals; and provide information on how 
nongovernmental organizations based in the United States can attend 
CoP15 as observers.

DATES: We will consider written information and comments you submit 
concerning potential species proposals, and proposed resolutions, 
decisions, and agenda items that the United States is considering 
submitting for consideration at CoP15, and other items relating to 
CoP15, if we receive them by September 11, 2009.

ADDRESSES: Comments pertaining to proposed resolutions, decisions, and 
agenda items should be sent to the Division of Management Authority, 
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 212, 
Arlington, VA 22203, or via e-mail at: <a href="/cdn-cgi/l/email-protection#6724083756522701101449000811"><span class="__cf_email__" data-cfemail="b4f7dbe48581f4d2c3c79ad3dbc2">[email protected]</span></a>, or via fax at: 
703-358-2298. Comments pertaining to species proposals should be sent 
to the Division of Scientific Authority, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Room 110, Arlington, VA 22203, or 
via e-mail at: <a href="/cdn-cgi/l/email-protection#a2d1c1cbc7ccd6cbc4cbc1c3d7d6cacdd0cbd6dbe2c4d5d18cc5cdd4"><span class="__cf_email__" data-cfemail="ed9e8e84888399848b848e8c989985829f849994ad8b9a9ec38a829b">[email protected]</span></a>, or via fax at: 703-358-
2276.

FOR FURTHER INFORMATION CONTACT: For information pertaining to 
resolutions, decisions, and agenda items contact: 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#60230f305155200617134e070f16"><span class="__cf_email__" data-cfemail="89cae6d9b8bcc9effefaa7eee6ff">[email protected]</span></a>. For information pertaining to species 
proposals contact: Rosemarie Gnam, Chief, Division of Scientific 
Authority, phone 703-358-1708, fax 703-358-2276, e-mail: 
<a href="/cdn-cgi/l/email-protection#c2b1a1aba7acb6aba4aba1a3b7b6aaadb0abb6bb82a4b5b1eca5adb4"><span class="__cf_email__" data-cfemail="e596868c808b918c838c868490918d8a978c919ca5839296cb828a93">[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 control and regulate international 
trade in certain animal and plant species that are now or potentially 
may be threatened with extinction. These species are listed in 
Appendices to CITES, which are available on the CITES Secretariat's 
website at http://www.cites.org/eng/app/index.shtml. Currently, 175 
countries, including the United States, are Parties to CITES. The 
Convention calls for biennial meetings of the Conference of the 
Parties, which reviews its implementation, makes provisions enabling 
the CITES Secretariat in Switzerland to carry out its functions, 
considers amendments to the lists of species in Appendices I and II, 
considers reports presented by the Secretariat, and makes 
recommendations for the improved effectiveness of CITES. Any country 
that is a Party to CITES may propose for these meetings amendments to 
Appendices I and II, and resolutions, decisions, and agenda items for 
consideration by all the Parties.
    This is our second in a series of Federal Register notices that, 
together with an announced public meeting, provide you with an 
opportunity to participate in the development of the U.S. negotiating 
positions for the fifteenth regular meeting of the Conference of the 
Parties to CITES (CoP15). We published our first CoP15-related Federal 
Register notice on September 29, 2008 (73 FR 56605), in which we 
requested information and recommendations on species proposals and 
proposed resolutions, decisions, and agenda items for the United States 
to consider submitting for consideration at CoP15. You may obtain 
information on that Federal Register notice from the following sources: 
for information on proposed resolutions, decisions, and agenda items, 
contact the Division of Management Authority at the address provided in 
``ADDRESSES'' above; and for information on species proposals, contact 
the Division of Scientific Authority at the address provided in 
``ADDRESSES'' above. Our regulations governing this public process are 
found in 50 CFR 23.87.
    CoP15 is tentatively scheduled to be held in Doha, Qatar, March 13-
25, 2010.

[[Page 33461]]

I. Recommendations for Resolutions, Decisions, and Agenda Items for the 
United States To Consider Submitting for CoP15

    In our Federal Register notice published on September 29, 2008 (73 
FR 56605), we requested information and recommendations on potential 
resolutions, decisions, and agenda items for the United States to 
submit for consideration at CoP15. We received recommendations for 
resolutions, decisions, and agenda items from the following 
organizations: the Species Survival Network (SSN); TRAFFIC; the Whale 
and Dolphin Conservation Society (WDCS); and the World Wide Fund for 
Nature (WWF). We also received a comment from one individual.
    We considered all of the recommendations of the above individual 
and organizations, as well as the factors described in the U.S. 
approach for CoP15 discussed in our September 29, 2008, Federal 
Register notice, when compiling a list of resolutions, decisions, and 
agenda items that the United States is likely to submit for 
consideration by the Parties at CoP15; and lists of resolutions, 
decisions, and agenda items for consideration at CoP15 that the United 
States either is currently undecided about submitting, is not 
considering submitting at this time, or plans to address in other ways. 
The United States may consider submitting documents for some of the 
issues for which it is currently undecided or not considering 
submitting at this time, depending on the outcome of discussions of 
these issues in the CITES Animals, Plants, and Standing Committees, or 
additional consultations with range country governments and subject 
matter experts.
    Please note that, in sections A, B, and C below, we have listed 
those resolutions, decisions, and agenda items that the United States 
is likely to submit, currently undecided about submitting, or currently 
planning not to submit. We have posted an extended version of this 
notice on our website at http://www.fws.gov/international/newspubs/fedregnot.html, with text describing in more detail each of these 
issues and explaining the rationale for the tentative U.S. position on 
each issue. Copies of the extended version of the notice are also 
available from the Division of Management Authority at the above 
address.
    We welcome your comments and information regarding the resolutions, 
decisions, and agenda items that the United States is likely to submit, 
currently undecided about submitting, or currently planning not to 
submit.

A. What resolutions, decisions, and agenda items is the United States 
likely to submit for consideration at CoP15?

    1. A document that continues to support a strong stance on tiger 
conservation and efforts to address illegal trade in tiger and other 
Asian big cat parts and derivatives in both range and consumer 
countries.
    2. A discussion document addressing inconsistent implementation of 
Appendix-III timber listings annotated to include only the national 
populations of the listing countries, and possibly including a proposal 
to amend Resolution Conf. 9.25 (Rev. CoP14), by deleting Recommendation 
a) iv), regarding the inclusion of geographically separate populations 
of timber species in Appendix III, and adding language to direct the 
CITES Secretariat to consult with countries who request such listings 
to ensure that the listings will achieve the level of control and 
cooperation with other range countries intended.
    3. A discussion document addressing difficulties encountered 
associated with the reporting of scientific names for CITES-listed 
coral specimens, including proposed changes to Resolution Conf. 12.3 
(Rev. CoP14) to indicate that taxonomic names of corals on CITES 
permits and certificates should comply with the list in CITES 
Notification to the Parties No. 2003/020, and a draft decision 
directing the Animals Committee to update the list in Notification No. 
2003/020.

B. On what resolutions, decisions, and agenda items is the United 
States still undecided, pending additional information and 
consultations?

    1. A discussion document on how CITES might incorporate impacts of 
climate change in future deliberations, or how Parties could 
incorporate climate change resilience into their non-detriment 
findings.
    2. A discussion document on the conservation issues associated with 
and management of the snake trade in Asia.
    3. A discussion document raising possible problems with the current 
guidelines to register and monitor operations that breed Appendix-I 
animal species for commercial purposes provided in Resolution Conf. 
12.10 (Rev. CoP14), and possibly including a proposal to amend this 
resolution.

C. What resolutions, decisions, and agenda items is the United States 
not likely to submit for consideration at CoP15, unless we receive 
significant additional information?

    1. A resolution that details the need to accurately and adequately 
describe on CITES permits and in CITES annual reports both the types of 
specimens in trade and the quantities of specimens in trade.
    2. A document expressing disappointment in the lack of progress 
that has been made to date in the development and implementation of 
regional management plans for the African grey parrot (Psittacus 
erithacus).
    3. A document related to the establishment of ``zero export 
quotas'' for those species subject to a Standing Committee 
recommendation to suspend trade.
    4. A document emphasizing the importance of sound science in the 
making of CITES non-detriment findings for the import of specimens 
included in Appendix I, and export of specimens of species included in 
Appendices I and II.

II. Recommendations for Species Proposals for the United States To 
Consider Submitting for CoP15

    In our Federal Register notice of September 29, 2008 (73 FR 56605), 
we requested information and recommendations on potential species 
proposals for the United States to consider submitting for 
consideration at CoP15. We received recommendations from the following 
organizations for possible proposals involving 46 taxa (5 families, 7 
genera, and 34 individual species) and 5 general animal groups 
(furbearers, ungulates, freshwater turtles, sharks, and other fish): 
the Animal Welfare Institute; Defenders of Wildlife; the Humane Society 
of the United States (HSUS); Humane Society International (HSI); the 
International Union for Conservation of Nature Species Survival 
Commission (IUCN/SSC) Tortoise and Freshwater Turtle Specialist Group; 
the Mid-Atlantic Turtle and Tortoise Society; the Ocean Conservancy; 
the Pew Institute for Ocean Conservation Science; Sea Web; SSN; 
TRAFFIC; WDCS; and WWF. We have undertaken initial assessments of the 
available trade and biological information on all of these taxa. Based 
on these assessments, we made provisional determinations of whether to 
proceed with the development of proposals to list or delist species, or 
transfer them from one Appendix to another. We made these 
determinations by considering the quality of biological and trade 
information available on the

[[Page 33462]]

species; the presence, absence, and effectiveness of other mechanisms 
that may preclude the need for a CITES listing (e.g., range country 
actions or other international agreements); and availability of 
resources. Furthermore, our assignment of a taxon to one of these 
categories, which reflects the likelihood of our submitting a proposal, 
included consideration of the following factors, which reflect the U.S. 
approach for CoP15 discussed in our September 29, 2008, Federal 
Register notice:
    (1) Is it a native U.S. species that is or may be significantly 
affected by trade, or if it is a currently listed U.S. species, does 
the listing accurately reflect the biological and trade status of the 
species?
    (2) Is it a native U.S. species that is not at this time 
significantly impacted by trade within the United States, but is being 
significantly impacted elsewhere in its range?
    (3) Is it a foreign species, not native to the United States, but 
which is or may be significantly affected by trade, and the United 
States is a significant component of the trade (i.e., as an importing 
country)?
    (4) Is it a species for which the United States is neither a range 
country nor a country significantly involved in trade, but for which 
trade is a serious threat to the continued existence of the species, 
other mechanisms are lacking or ineffective for bringing trade under 
control, and action is urgently needed?
    In sections A, B, and C below, we have listed the current status of 
each species proposal recommended by the public, as well as species 
proposals we have been developing on our own. Please note that we have 
only provided here a list of taxa and the proposed action. We have 
posted an extended version of this notice on our website at http://www.fws.gov/international/newspubs/fedregnot.html, with text describing 
in more detail each proposed action and explaining the rationale for 
the tentative U.S. position on each possible proposal. Copies of the 
extended version of the notice are also available from the Division of 
Management Authority at the above address.
    We welcome your comments, especially if you are able to provide any 
additional biological or trade information on these species. For each 
species, more detailed information is on file in the Division of 
Scientific Authority.

A. What species proposals is the United States likely to submit for 
consideration at CoP15?

    The United States is likely to develop and submit proposals for the 
following taxa. For some of the species below, particularly those not 
native to the United States, additional consultations with range 
countries and subject matter experts are proceeding, and final 
decisions are pending, based on the outcomes of those consultations and 
any additional information received.
Plants
    1. Flasked seedlings - Amendment of the annotation for Appendix-I 
orchid species to make it consistent with the language in Resolution 
Conf. 11.11 (Rev. CoP14) pertaining to flasked seedlings
Corals
    2. Red and pink coral (Corallium spp. and Paracorallium spp.) - 
Inclusion in Appendix II
Mammals
    3. Bobcat (Lynx rufus) - Removal from Appendix II

B. On what species proposals is the United States still undecided, 
pending additional information and consultations?

    The United States is still undecided on whether to submit proposals 
for CoP15 for the following taxa. In some cases, we have not completed 
our consultations with relevant range countries. In other cases, we 
expect meetings to occur in the immediate future at which participants 
will generate important recommendations, trade analyses, or biological 
information on the taxon in question.
Plants
    1. Cedars (Cedrela spp.) - Inclusion in Appendix II
    2. Cliff spurge (Euphorbia misera) - Removal from Appendix II
Mollusks
    3. Nautilids (Allonautilus spp. and Nautilus spp.) - Inclusion in 
Appendix II
Fish
    4. Tope shark (Galeorhinus galeus) - Inclusion in Appendix II
    5. Shortfin mako shark (Isurus oxyrhinchus) - Inclusion in Appendix 
II
    6. Longfin mako shark (Isurus paucus) - Inclusion in Appendix II
    7. Porbeagle shark (Lamna nasus) - Inclusion in Appendix II
    8. Freshwater sawfish (Pristis microdon) - Transfer from Appendix 
II to Appendix I
    9. Hammerhead sharks (Sphyrna spp.) - Inclusion in Appendix II
    10. Spiny dogfish (Squalus acanthias) - Inclusion in Appendix II
    11. Requiem sharks (Carcharinidae) - Inclusion in Appendix II
    12. Devil and manta rays (Mobulidae) - Inclusion in Appendix II
    13. Freshwater stingrays (Potamotrygonidae) - Inclusion in Appendix 
II
    14. American eel (Anguilla rostrata) - Inclusion in Appendix II
    15. Northern bluefin tuna (Thunnus thynnus) - Inclusion in Appendix 
I
Reptiles
    16. Common snapping turtle (Chelydra serpentina) - Inclusion in 
Appendix III (Note: The IUCN/SSC Tortoise and Freshwater Turtle 
Specialist Group recommended that the United States propose inclusion 
of the common snapping turtle in Appendix III at CoP15, although 
inclusion of a species in Appendix III is a unilateral decision and 
does not require a proposal to be brought forward to the CoP)
    17. Spotted turtle (Clemmys guttata) - Inclusion in Appendix II
    18. Diamondback terrapin (Malaclemys terrapin) - Inclusion in 
Appendix II
    19. Florida soft-shell turtle (Apalone ferox) - Inclusion in 
Appendix II
    20. Smooth soft-shell turtle (Apalone mutica) - Inclusion in 
Appendix II
    21. Spiny soft-shell turtle (Apalone spinifera) - Inclusion in 
Appendix II
    22. Giant leaf-tailed gecko (Uroplatus giganteus) - Transfer from 
Appendix II to Appendix I
Mammals
    23. Polar bear (Ursus maritimus) - Transfer from Appendix II to 
Appendix I
    24. Walrus (Odobenus rosmarus) - Inclusion in Appendix II
    25. Narwhal (Monodon monoceros) - Transfer from Appendix II to 
Appendix I

C. What species proposals is the United States not likely to submit for 
consideration at CoP15, unless we receive significant additional 
information?

    The United States does not intend to submit proposals for the 
following taxa unless we receive significant additional information 
indicating that a proposal is warranted. Information currently 
available for each of the taxa listed below does not support a 
defensible listing proposal. In addition to the taxa listed below, 
please note that the Animal Welfare Institute provided us with a 
tentative list of taxonomic groups

[[Page 33463]]

of animal species for which it was recommending that the United States 
consider amendments to the Appendices. These groups of species included 
``native and non-native species including freshwater turtles, sharks, 
furbearers, fish, and ungulates.'' We do not have the resources to 
evaluate such a broad request in the timeframes necessary for decision 
making for CoP15. Therefore, the United States does not intend to 
submit any proposals to the CoP as a result of this recommendation.
Fish
    1. Gulper sharks (Centrophoridae) - Inclusion in Appendix II
    2. Guitarfishes and shovelnose rays (Rhinobatidae) - Inclusion in 
Appendix II
    3. Beluga sturgeon (Huso huso) - Transfer from Appendix II to 
Appendix I
Amphibians
    4. Blue-sided frog (Agalychnis annae) - Inclusion in Appendix II
    5. Morelet's tree frog (Agalychnis moreletii) - Inclusion in 
Appendix II
    6. Rancho Grande harlequin frog (Atelopus cruciger) - Inclusion in 
Appendix II
    7. Helmeted water toad (Caudiverbera caudiverbera) - Inclusion in 
Appendix II
    8. Santa Fe frog (Leptodactylus laticeps) - Inclusion in Appendix 
II
    9. Giant Asian river frog (Limnonectes blythii) - Inclusion in 
Appendix II
    10. Fanged river frog (Limnonectes macrodon) - Inclusion in 
Appendix II
    11. Giant Philippine frog (Limnonectes magnus) - Inclusion in 
Appendix II
    12. Albanian water frog (Rana shqiperica) - Inclusion in Appendix 
II
    13. Rain frog (Scaphiophryne boribory) - Inclusion in Appendix II
    14. Alto Verapaz salamander (Bolitoglossa dofleini) - Inclusion in 
Appendix II
    15. Kaiser's spotted newt (Neurergus kaiseri) - Inclusion in 
Appendix I or II
    16. Kurdistan newt (Neurergus microspilotus) - Inclusion in 
Appendix II
Reptiles
    17. Alligator snapping turtle (Macrochelys temminckii) - Inclusion 
in Appendix II
    18. Map turtles (Graptemys spp.) - Inclusion in Appendix II
    In addition to the taxa listed above, Defenders of Wildlife and SSN 
suggested that more research be done on Limnonectes spp. frogs and the 
Laos wart newt (Paramesotriton laoensis). We need additional biological 
and trade information for both taxa to determine whether they meet the 
listing criteria in CITES Resolution Conf. 9.24 (Rev. CoP14).

Request for Information and Comments

    We invite any information and comments concerning any of the 
possible CoP15 species proposals and proposed resolutions, decisions, 
and agenda items discussed above. You must submit your information and 
comments to us no later than the date specified in ``DATES'' above, to 
ensure that we consider them. Comments and materials received will be 
available for public inspection, by appointment, from 8 a.m. to 4 p.m., 
Monday through Friday, at either the Division of Management Authority 
or the Division of Scientific Authority. Our practice is to make 
comments, including names and home addresses of respondents, available 
for public review during regular business hours. Individual respondents 
may request that we withhold their home addresses from the 
administrative record, which we will honor to the extent allowable by 
law. There also may be circumstances in which we would withhold from 
the administrative record a respondent's identity, as allowable by law. 
If you wish to withhold your name and/or address, you must state this 
prominently at the beginning of your comment. We will make all comments 
and materials submitted by organizations or businesses, and by 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety.

Observers

    Article XI, paragraph 7 of CITES states the following:
    ``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.''
    Persons wishing to be observers representing international 
nongovernmental organizations (which must have offices in more than one 
country) at CoP15 may request approval directly from the CITES 
Secretariat. Persons wishing to be observers representing U.S. national 
nongovernmental organizations at CoP15 must receive prior approval from 
our Division of Management Authority. Once we grant our approval, a 
U.S. national nongovernmental organization is eligible to register with 
the Secretariat and must do so at least 6 weeks prior to the opening of 
CoP15 to participate in CoP15 as an observer. Individuals who are not 
affiliated with an organization may not register as observers. An 
international nongovernmental organization with at least one office in 
the United States may register as a U.S. nongovernmental organization 
if it prefers.
    A request submitted to us for approval as an observer should 
include evidence of technical qualifications in protection, 
conservation, or management of wild fauna and/or flora, on the part of 
both the organization and the individual representative(s). The request 
should also include copies of the organization's charter and/or bylaws, 
and a list of representatives it intends to send to CoP15. 
Organizations seeking approval for the first time should detail their 
experience in the protection, conservation, or management of wild fauna 
and/or flora, as well as their purposes for wishing to participate in 
CoP15 as an observer. An organization that we have previously approved 
as an observer at a meeting of the Conference of the Parties within the 
past 5 years must submit a request, but does not need to provide as 
much detailed information concerning its qualifications as an 
organization seeking approval for the first time. These requests should 
be sent to the Division of Management Authority (see ``ADDRESSES,'' 
above).
    Once we approve an organization as an observer, we will send the 
organization instructions for registration with the CITES Secretariat 
in Switzerland, including a meeting registration form and travel and 
hotel information. A list of organizations approved for observer status 
at CoP15 will be available upon request from the Division of Management 
Authority just prior to the start of CoP15.

Future Actions

    We expect the CITES Secretariat to provide us with a provisional 
agenda for CoP15 within the next several months. Once we receive the 
provisional agenda,

[[Page 33464]]

we will publish it in a Federal Register notice and provide the 
Secretariat's website URL. We will also provide the provisional agenda 
on our website at http://www.fws.gov/international.
    The United States will submit any species proposals, and proposed 
resolutions, decisions, and agenda items for consideration at CoP15 to 
the CITES Secretariat 150 days prior to the start of the meeting (i.e., 
tentatively by mid-October , 2009). We will consider all available 
information and comments, including those received in writing during 
the comment period, as we decide which species proposals, and proposed 
resolutions, decisions, and agenda items warrant submission by the 
United States for consideration by the Parties. Approximately 4 months 
prior to CoP15, we will post on our website an announcement of the 
species proposals, and proposed resolutions, decisions, and agenda 
items submitted by the United States to the CITES Secretariat for 
consideration at CoP15.
    Through an additional notice and website posting 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. We will also publish an 
announcement of a public meeting tentatively to be held approximately 2 
months prior to CoP15, to receive public input on our positions 
regarding items submitted by other Parties.

Author

    The primary authors of this notice are Mark Albert, Division of 
Management Authority; and Pamela Hall, Division of Scientific 
Authority; under the authority of the U.S. Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: June 29, 2009
Marvin Moriarty
Acting Deputy Director
[FR Doc. E9-16410 Filed 7-10- 09; 8:45 am]
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