Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Fourteenth Regular Meeting; Tentative U.S. Negotiating Positions for Agenda Items and Species Proposals Submitted by Foreign Governments and the CITES Secretariat, 30606-30623 [07-2714]
Download as PDF
30606
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
recreation, water use, local economy,
and environmental justice.
After the environmental review is
complete, we will publish a notice of
availability and a request for comment
on the draft EIS and the applicant’s
permit application, which will include
the Williamson County RHCP.
The draft EIS and RHCP are expected
to be completed and available to the
public by October 2007.
Christopher T. Jones,
Acting Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. E7–10576 Filed 5–31–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Conference of the Parties to the
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES); Fourteenth Regular
Meeting; Tentative U.S. Negotiating
Positions for Agenda Items and
Species Proposals Submitted by
Foreign Governments and the CITES
Secretariat
Fish and Wildlife Service,
Interior.
ACTION: Notice.
hsrobinson on PROD1PC76 with NOTICES
AGENCY:
SUMMARY: We, the United States, as a
Party to the Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES), will attend the
fourteenth regular meeting of the
Conference of the Parties to CITES
(CoP14) in The Hague, The Netherlands,
June 3–15, 2007. This notice announces
the tentative U.S. negotiating positions
on amendments to the CITES
Appendices (species proposals), draft
resolutions and decisions, and agenda
items submitted by other countries and
the CITES Secretariat for consideration
at CoP14. With this notice we also
announce that we will publish a notice
after the conclusion of CoP14 to invite
public input on whether the United
States should take a reservation on any
of the amendments to the CITES
Appendices that are adopted.
DATES: In further developing U.S.
negotiating positions on these issues, we
will continue to consider information
and comments submitted in response to
our notice of February 21, 2007 (72 FR
7904). We will also continue to consider
information received at the public
meeting announced in that notice,
which was held on April 9, 2007. We
will publish a notice after June 15, 2007,
to invite public input on whether the
United States should take a reservation
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
on any of the amendments to the CITES
Appendices that are adopted.
ADDRESSES: Comments pertaining to
draft resolutions and decisions, and
agenda items should be sent to the
Division of Management Authority; U.S.
Fish and Wildlife Service; 4401 North
Fairfax Drive; Room 700; Arlington, VA
22203; or via e-mail at: cop14@fws.gov;
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
750; Arlington, VA 22203; or via e-mail
at: scientificauthority@fws.gov; or via
fax at: 703–358–2276. 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.
Reservations
With this notice, we announce that
we will publish a notice after the
conclusion of CoP14 to invite public
input on whether the United States
should take a reservation on any of the
amendments to the CITES Appendices
that are adopted.
Available Information
Information concerning the results of
CoP14 will be available after the close
of the meeting on the Secretariat’s Web
site at https://www.cites.org; or upon
request from the Division of
Management Authority; or on our CITES
Web site (https://international.fws.gov/
cites/cites.html).
FOR FURTHER INFORMATION CONTACT: For
information pertaining to resolutions
and agenda items contact: Chief, Branch
of CITES Operations, Division of
Management Authority; telephone, 703–
358–2095; fax, 703–358–2298; e-mail,
cop14@fws.gov. For information
pertaining to species proposals contact:
Chief, Division of Scientific Authority;
telephone, 703–358–1708; fax, 703–
358–2276; e-mail,
scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (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 become threatened with extinction
due to trade. These species are listed in
the Appendices to CITES, which are
available on the CITES Secretariat’s Web
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
site at https://www.cites.org/eng/app/
index.shtml. Currently, 171 countries,
including the United States, are Parties
to CITES. The Convention calls for
regular meetings of the Conference of
the Parties (CoP) to review issues
pertaining to implementation, makes
provisions enabling the CITES
Secretariat 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 to improve the
effectiveness of CITES. Any country that
is a Party to CITES may propose and
vote on amendments to Appendices I
and II (species proposals), draft
resolutions and decisions, and agenda
items submitted for consideration by the
Conference of Parties. Accredited
nongovernmental organizations (NGOs)
may participate in the meeting as
approved observers and may speak
during sessions when recognized by the
meeting Chairman, but they may not
vote or submit proposals.
This is our fourth in a series of
Federal Register notices that, together
with announced public meetings,
provide you with an opportunity to
participate in the development of U.S.
tentative negotiating positions for
CoP14. In this notice we announce the
tentative U.S. negotiating positions on
species proposals, draft resolutions and
decisions, and agenda items submitted
by other Parties and the Secretariat for
consideration at CoP14. We published
our first CoP14-related Federal Register
notice on January 20, 2006 (71 FR 3319),
and with it we requested information
and recommendations on species
proposals, draft resolutions and
decisions, and agenda items for the
United States to consider submitting for
consideration at CoP14. We published
our second such Federal Register notice
on November 7, 2006 (71 FR 65126),
and with it we requested public
comments and information on species
proposals, draft resolutions and
decisions, and agenda items that the
United States was considering
submitting for consideration at CoP14.
On December 11, 2006, we held the
public meeting announced in our
second Federal Register notice; at that
meeting, we discussed the issues
contained in our November 7 Federal
Register notice and in our Web site
posting on the same topic. In our third
Federal Register notice, published on
February 21, 2007 (72 FR 7904), we
announced the provisional agenda for
CoP14, solicited public comments on
items on the provisional agenda, and
announced a public meeting to discuss
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
hsrobinson on PROD1PC76 with NOTICES
the agenda items. That public meeting
was held on April 9, 2007.
You may obtain information on the
above Federal Register notices from the
following sources. For information on
draft resolutions and decisions, and
agenda items, contact the Division of
Management Authority (see ADDRESSES,
above); and for information on species
proposals, contact the Division of
Scientific Authority (see ADDRESSES,
above). Our regulations governing this
public process are found in 50 CFR
23.31–23.39. Pursuant to 50 CFR
23.38(a), the Director has decided to
suspend the procedure for publishing a
notice of final negotiating positions in
the Federal Register because time and
resources needed to prepare a Federal
Register notice would detract from
essential preparation for CoP14.
Tentative Negotiating Positions
In this notice we summarize the
tentative U.S. negotiating positions on
proposals to amend the Appendices
(species proposals), draft resolutions
and decisions, and agenda items that
have been submitted by other countries
and the CITES Secretariat. Documents
submitted by the United States for
consideration of the Parties at CoP14
can be found on the Secretariat’s Web
site at: https://www.cites.org/eng/cop/
index.shtml. Those documents are:
CoP14 Doc. 18.2, CoP14 Doc. 39, and
CoP14 Doc. 43. The United States also
submitted Document CoP14 Doc. 67 at
the request of the Animals and Plants
Committees. The United States, either
alone or as a co-proponent, submitted
the following proposals to amend
Appendices I and II: CoP14 Prop. 2,
CoP14 Prop. 17, CoP14 Prop. 19, CoP14
Prop. 21, CoP14 Prop. 22, CoP14 Prop.
23, CoP14 Prop. 28, and CoP14 Prop. 36.
In this notice, we will not provide any
additional explanation of the U.S.
negotiating position for documents that
the United States submitted. The
introduction in the text of each of the
documents the United States submitted
contains a discussion of the background
of the issue and the rationale for
submitting the document.
In this notice, numerals next to each
agenda item or resolution correspond to
the numbers used in the agenda for
CoP14 and posted on the Secretariat’s
Web site. When we completed the
notice, the Secretariat had not yet made
available documents for a number of the
agenda items on the CoP14 agenda. For
several other documents, we are still
working with other agencies in the
United States and other CITES Parties to
develop the U.S. negotiating position.
The documents for which we do not
currently have tentative U.S. negotiating
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
positions are: CoP14 Doc. 10 and CoP14
Doc. 30.
In the discussion that follows, we
have included a brief description of
each species proposal, draft resolution,
draft decision, and agenda item
submitted by other Parties or the
Secretariat, followed by a brief
explanation of the tentative U.S.
negotiating position for that item. New
information that may become available
prior to or at CoP14 could lead to
modifications of these positions. The
U.S. delegation will fully disclose
changes in our negotiating positions and
the explanations for those changes
during public briefings at CoP14. The
United States is concerned about the
budgetary implications and workload
burden that will be placed upon the
Parties, the committees, and the
Secretariat, and intends to evaluate all
documents for CoP14 in view of these
concerns.
Agenda (Provisional)
Opening Ceremony and Welcoming
Addresses
The Secretariat will not prepare a
document on these agenda items.
According to tradition, as the host
country for CoP14, The Netherlands will
conduct an opening ceremony and make
welcoming remarks.
Administrative Matters
1. Rules of Procedure (Doc. 1).
Tentative U.S. negotiating position:
Support. The CITES Secretariat
prepared Document CoP14 Doc. 1, the
draft Rules of Procedure for CoP14. The
draft Rules are identical to those
adopted for CoP13, except for several
amendments proposed to Rules 14 and
15, regarding the creation of the position
of an Alternate Chairman of the
Conference, and Rule 28, regarding
submission of informative documents
for the CoP. The United States
tentatively supports the draft Rules of
Procedure and the amendments
proposed to Rules 14, 15, and 28, but
plans to propose several additional
amendments to the text of these three
Rules to clarify several points.
2. Election of Chairman and ViceChairmen of the meeting and of
Chairmen of Committees I and II (No
document). Tentative U.S. negotiating
position: Undecided. According to
tradition, the host country—in this case,
The Netherlands—will provide the
Conference Chairman. The United
States will support the election of
committee Chairmen and a ViceChairman of the Conference who have
the required technical knowledge and
skills and also reflect the geographic
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
30607
and cultural diversity of the CITES
Parties.
3. Adoption of the agenda (Doc. 3).
Tentative U.S. negotiating position:
Support.
4. Adoption of the working
programme (Doc. 4). Tentative U.S.
negotiating position: Support. Prior to a
CoP, the working programme is
provisional and changes may be made to
it prior to the start of CoP14 or at the
beginning of the CoP. The United States
supports the provisional working
programme posted at the time this
notice was prepared.
5. Credentials Committee
5.1 Establishment of the Credentials
Committee (No document). Tentative
U.S. negotiating position: Undecided.
5.2 Report of the Credentials
Committee (No document). Tentative
U.S. negotiating position: Undecided.
The United States will follow the work
of the Credentials Committee and
intervene as appropriate.
6. Admission of observers (Doc. 6).
Tentative U.S. negotiating position:
Undecided. A document for this agenda
item is not normally distributed prior to
the start of a CoP. National NGOs are
admitted as observers if their
headquarters are located in a CITES
Party country and if the national
government of that Party approves their
attendance at the CoP. International
NGOs are admitted by approval of the
CITES Secretariat. After being approved
as an observer, an NGO is admitted to
the CoP unless one-third of the Parties
object. The United States supports
admission to the meeting of all
technically qualified NGOs, and
opposes unreasonable limitations on
their full participation as observers at
CoP14. In addition, the United States
supports flexibility and openness in the
process for disseminating documents
produced by NGOs to Party delegates,
which are vital to decision-making and
scientific and technical understanding.
7. Financing and budgeting of the
Secretariat and of meetings of the
Conference of the Parties. Tentative U.S.
negotiating position on Agenda Items
7.1, 7.2, and 7.3: Undecided. These are
comprehensive documents that require
extensive review, internal discussion,
and analysis of the financial
implications for Parties and the impact
on the work of the Secretariat and the
committees. The United States will
review the documents carefully, bearing
in mind the need to balance tasks with
available resources. The United States
advocates fiscal responsibility and
accountability on the part of the
Secretariat and the Conference of the
Parties and plans to be an active
participant in the budget discussions at
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30608
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
CoP14. The voluntary annual
contribution of the United States to
CITES is determined through our
domestic budgeting process. The United
States believes it is necessary that the
CITES Secretariat provide additional
information on budgetary and financial
matters in relation to the costed
programme of work proposed in
Document CoP14 Doc. 7.3. Until such
information is provided and analyzed,
and discussed with the Parties and the
Secretariat, we will not be able to
consider supporting any increase in the
budget of the Convention.
8. Committee Reports
8.1 Report of the Chairman of the
Standing Committee (Doc. 8.1).
Tentative U.S. negotiating position: At
the time this notice was prepared, this
document had not been posted on the
Secretariat’s website. This report is
largely a summary of activities
conducted by the Standing Committee,
or particularly the Chairman, since
CoP13. Many of these activities are
covered by other CoP14 agenda items.
8.2 Report of the Chairman of the
Animals Committee (Doc. 8.2).
Tentative U.S. negotiating position:
Most of this document is a report by the
Chairman of his activities or a
recounting of the proceedings of
meetings of the Animals Committee,
and therefore not requiring a position.
The outcomes of some of the Animals
Committee deliberations are reflected in
other agenda items for CoP14, where
they are elaborated more substantially.
However, there are some specific
recommendations contained in the
report requiring a position. These (and
the tentative U.S. position) include:
• Draft decisions for Psittacus
erithacus, derived from the Review of
Significant Trade in this species, calling
for the development of management
plans by range countries, with
assistance from the Secretariat, subject
to external funding (Support);
• A draft decision for the Secretariat
to convene, subject to external funding,
a workshop to initiate regional
cooperation on fisheries management
for Tridacnidae (Support);
• Extending Decision 13.93 to
continue the review of the Felidae,
particularly the review of Lynx spp. and
look-alike issues, until CoP15 (Support);
• Consider that the Parties, Animals
Committee, and Secretariat have
complied with Decisions 13.95–13.97
related to fossil corals (Support); and
• Consideration of providing
supplemental funding (US$30,000
annually) to the Chairman of the
Animals Committee, especially if from a
developing country and where
governmental or institutional support is
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
insufficient to fulfill the duties of the
position (Unable to support given the
current budgetary situation for the
Convention).
8.3 Report of the Chairman of the
Plants Committee (Doc. 8.3). Tentative
U.S. negotiating position: Most of this
document is a report by the Chairman
of her activities or a recounting of the
proceedings of meetings of the Plants
Committee, and therefore not requiring
a position. The outcomes of some of the
Plants Committee deliberations are
reflected in other agenda items for
CoP14, where they are elaborated more
substantially. However, there are some
specific recommendations contained in
the report requiring a position. These
(and the tentative U.S. position)
include:
• A draft decision directed to range
countries, regional Plants Committee
representatives, and the Secretariat to
address the management and
enforcement needs of seven species of
medicinal plants from Asia, and to
report on progress to the Plants
Committee at its 17th and 18th meetings
(Support);
• Consideration by the Parties of
ways to obtain identification materials
for plants listed in the Appendices
given that there is no longer a specific
budget line for this activity (Support);
• A draft decision directed to the
Plants Committee and the Secretariat to
continue cooperation with the
Convention on Biological Diversity on
the Global Strategy for Plant
Conservation (Support, as amended by
the Secretariat);
• A draft decision directed to the
Plants Committee to develop principles,
criteria, and indicators for making nondetriment findings for timber and
medicinal plant species (Support);
• Renewal of Decision 13.54, which
directs the Plants Committee to
continue to consider proposals to
include additional timber species in the
Appendices, based on the outcomes of
regional workshops and other
information (Support);
• Consideration that the Plants
Committee’s work under Decisions
13.51 and 13.52 regarding annotations
of medicinal plants, Decision 13.60
related to Harpagophytum, and Decision
13.72 regarding monitoring effects of the
revision of the definition of ‘‘artificially
propagated’’ have been completed
(Support);
• Draft decisions directed to the
Parties and the Plants Committee to
monitor the effects of exempting the
artificially propagated hybrids of
various orchid genera from CITES
controls, and consideration of whether
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
the exemption of hybrids of additional
genera is advisable (Support); and
• Draft decisions directed to the
Parties, Plants Committee, Secretariat,
and inter-governmental and nongovernmental organizations (IGOs and
NGOs) to address various issues related
to trade in agarwood, including capacity
building, the making of non-detriment
findings, information sharing, definition
of terms relating to agarwood,
development of identification and
training materials, and
recommendations on appropriate units
of measure for agarwood, as well as
consideration of potential annotations to
exempt certain agarwood specimens
from CITES controls (Support, but with
reservations regarding the ability of the
CoP to direct work to IGOs and NGOs,
and also regarding the scope of work
and potential budget implications).
8.4 Joint report of the Chairmen of
the Animals and Plants Committees
(Doc. 8.4). Tentative U.S. negotiating
position: U.S. position: Much of this
document is a report by the Chairmen
of the Animals and Plants Committees
recounting the proceedings of joint
meetings of the two committees, and
therefore not requiring a position. The
outcomes of some of the deliberations of
the two committees meeting in joint
session are reflected in other agenda
items for CoP14, where they are
elaborated more substantially. However,
there are some specific
recommendations contained in the
report requiring a position. These (and
the tentative U.S. position) include:
• Recommended Rules of Procedure
for the two committees, which follow
longstanding practices and represent the
committees’ views with regard to a
practicable adaptation of the Rules of
Procedure for the Standing Committee
(Support, with some amendments
proposed by the Secretariat);
• A draft decision directed to the
Secretariat to publish and distribute,
subject to available funding, manuals for
regional representatives to the
committees in the three languages of the
Convention (Support, as amended by
the Secretariat);
• A recommendation to eliminate
Resolution Conf. 13.10 on ‘‘Trade in
invasive alien species’’ and incorporate
elements of it into Resolution Conf. 10.4
on ‘‘Cooperation and synergy with the
Convention on Biological Diversity,’’ to
reflect the limited role CITES can play
in addressing the problem of invasive
species (Support); and
• Draft decisions directed to the
Parties, Standing Committee, and
Secretariat to provide support to the
´
University of Cordoba and the
International University of Andalusia
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
(Spain) to support the continuation of
the Master’s course on ‘‘Management,
Access and Conservation of Species in
Trade’’ (Support).
8.5 Report of the Nomenclature
Committee (Doc. 8.5). Tentative U.S.
negotiating position: Undecided. The
report contains numerous
recommendations regarding the
adoption of standard nomenclatural and
taxonomic references for CITES-listed
fauna and flora, and a program of work
and proposed budget for the next
intersessional period. We are still
evaluating the references, and the
proposed work and budget implications.
9. Committee Elections and
Appointments
9.1 Standing Committee (No
document). Tentative U.S. negotiating
position: Support. Since the close of
CoP13, the North American region has
been represented on the Standing
Committee by Canada, serving as the
North American regional representative,
and Mexico, serving as the alternate
representative. Canada and Mexico will
continue to serve in their current
capacities until the end of CoP15.
9.2 Animals Committee (No
document). Tentative U.S. negotiating
position: Support. Since the close of
CoP14, the North American region has
been represented on the Animals
´
Committee by Mr. Rodrigo A. Medellın
of Mexico, serving as the North
American regional representative, and
up until May 2007, Mr. Robert R. Gabel
of the United States, serving as the
alternate representative. Mr. Gabel has
now moved on to other duties as the
Chief of the U.S. Management
Authority, and as such, the United
States will provide a new alternate
representative who has yet to be
determined.
9.3 Plants Committee (No
document). Tentative U.S. negotiating
position: Support. Since the close of
CoP14, the North American region has
been represented on the Plants
Committee by Mr. Robert R. Gabel of the
United States, serving as the North
American regional representative, and
Dr. Adrianne Sinclair, of Canada,
serving as the alternate representative.
9.4 Nomenclature Committee (No
document). Tentative U.S. negotiating
position: Support. In its report to the
CoP, the Nomenclature Committee
recommends, as also recommended in
CoP14 Doc. 12 (on review of the
scientific committees), submitted by the
Standing Committee, that the
Nomenclature Committee be recharacterized as a working group of the
Animals and Plants Committees.
However, we anticipate that this will
have little effect on the operation of the
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
Nomenclature Committee, and we
expect the current Chairmen of this
committee, Dr. Ute Grimm of Germany
(co-Chairman for Fauna) and Dr. Noel
McGuff of the United Kingdom (coChairman for Flora), to continue in their
positions, regardless of how this body is
characterized.
Strategic Matters
11. CITES Strategic Vision: 2008–2013
(Doc. 11). Tentative U.S. negotiating
position: While the United States
supports the revision and updating of
both CITES’ Strategic Plan and the
accompanying Action Plan, we have
significant concerns related to the
revisions proposed in Document CoP14
Doc. 11, which we communicated in
comments to the Strategic Plan Working
Group (SPWG) following the 54th
meeting of the CITES Standing
Committee (SC54). CITES developed its
current (and first) ‘‘Strategic Vision
Through 2005’’ when the United States
chaired the Standing Committee. This
earlier document was adopted at CoP11
and was closely linked to an Action
Plan, with practical and measurable
steps for the Parties, Secretariat, and
other entities. The Action Plan was
developed in concert with the Strategic
Vision to provide evidence that the
goals of the latter were being met. At
CoP13 the Parties adopted Decision
13.1, which extended the Strategic
Vision through CoP14, but also set in
motion the process to revise and update
both the Strategic Vision and the Action
Plan. Document CoP14 Doc. 11
represents the output of the SPWG,
taking into account the comments
received from Parties and NGOs on the
draft Strategic Plan after SC54. The
SPWG has also prepared a draft
resolution for consideration by the
Parties at CoP14 (Document Doc. 11
Annex, p. 4), and the ‘‘CITES Strategic
Vision: 2008–2013’’ is included as a
sub-annex to that document (pp. 5–12).
While the SPWG accepted some of the
comments of the United States in
preparing this document, we remain
concerned that the document would
direct CITES away from its core mission
of monitoring and controlling
international trade in wildlife and
plants. Although the ‘‘CITES Strategic
Vision: 2008–2013’’ does not prescribe
or proscribe specific actions by the
Parties, if adopted, it is intended to
provide guidance for the evolution of
CITES through 2013.
12. Review of the scientific
committees (Doc. 12). Tentative U.S.
negotiating position: Support. This
document is submitted by the Standing
Committee. At SC54 in October 2006,
the Committee adopted the
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
30609
recommendations of an External
Evaluation Working Group’s review of
the CITES scientific committees
(Animals, Plants, and Nomenclature),
and agreed to propose to CoP14
pertinent modifications to Resolution
Conf. 11.1 (Rev. CoP13) and 12.11 (Rev.
CoP13). The United States supports
adoption of the Standing Committee’s
recommendations that will enhance the
work and efficiency of the scientific
committees. However, the United States
disagrees with the Secretariat’s
suggestion to merge the scientific
committees.
13. Addis Ababa Principles and
Guidelines for the Sustainable Use of
Biodiversity (Doc. 13). Tentative U.S.
negotiating position: Support.
Document CoP14 Doc. 13 was prepared
by the Plants and Animals Committees,
and is based on the outcome of
discussions at the 22nd meeting of the
Animals Committee and 16th meeting of
the Plants Committee (PC16—Lima,
Peru; July 2006). The committees
focused on the applicability of the
Addis Ababa Principles and Guidelines
for the Sustainable Use of Biodiversity
(Addis Ababa Principles) to the making
of non-detriment findings, and
concluded that not all of the principles
and guidelines are directly relevant. The
committees proposed that Resolution
Conf. 10.4 be amended to acknowledge
the use of the Addis Ababa Principles as
a voluntary additional tool that can be
used in making non-detriment findings.
The United States agrees with the
committees’ conclusion that the Addis
Ababa Principles are not always
applicable to the decision making
process under CITES, and supports the
proposal to consider them as a
voluntary additional tool that can be
used in making non-detriment findings.
14. CITES and livelihoods (Doc. 14;
Argentina, China, Germany on behalf of
the European Community Member
States, and Nicaragua). Tentative U.S.
negotiating position: Support. In
Document CoP14 Doc. 14, the
proponents summarize the outcomes
and recommendations from the CITES
and Livelihoods Workshop (Cape Town,
South Africa; September 2006), and
propose two draft decisions that build
on those recommendations. The first
draft decision directs the Standing
Committee to assist in the development
of tools and guidelines for the Parties to
use in examining the impacts of CITES
regulation on human well-being and the
livelihoods of the poor. The second
draft decision directs the Secretariat to
provide an assessment of the ways in
which the implementation of CITES has
taken, or could take, into account these
impacts on the livelihoods of the poor.
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30610
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
Although we are supportive of
considering human well-being and
livelihoods in the implementation of
CITES, these considerations should be
separate from the objective scientific
assessments required for listings and
making non-detriment findings. We are
also concerned about the budget
implications of the proposed Decisions
in this document.
15. National wildlife trade policy
reviews (Doc. 15). Tentative U.S.
negotiating position: Support. In
Document CoP14 Doc. 15, the CITES
Secretariat reported on progress made in
implementing Decisions 13.74 and
13.75 and that the four pilot countries
interested in undertaking wildlife trade
policy reviews, will be provided an
opportunity to share compiled and
synthesized information on the initial
results from their wildlife trade policy
reviews at a CoP14 side event. The
Secretariat further recommends that
interested importing countries carry out
national wildlife policy reviews in order
to provide a balanced view to exporting
countries and facilitate a better
understanding of wildlife trade policy at
both ends of the international wildlife
trade (supply and demand), and invites
donors to provide financial support to
countries interested in preparing these
reviews. The Secretariat recommends
renewing the deadlines in Resolution
Conf. 13.74 for reporting to the Standing
Committee and Conference of the
Parties to SC57 and CoP15, and deleting
a recommendation calling for
submission of project proposals in order
to seek financial support for preparation
of trade policy reviews in interested
countries.
The United States looks forward to
reviewing the results achieved with the
four pilot countries. However, given the
overall lackluster response of the Parties
(7 out of 171 Parties expressed interest),
this is not high priority work of the
CITES Secretariat. Implementation of
the Secretariat’s recommendations
would have budgetary implications that
must be weighed against priorities that
are more urgent.
16. Capacity building (Doc. 16).
Tentative U.S. negotiating position:
Oppose. This document from the CITES
Secretariat proposes the creation of an
interactive CITES Virtual College for
basic and more advanced training in the
Convention over the Internet. The
Secretariat proposes that this program
could be linked to academic
institutions. In Document CoP14 Doc.
7.3 Annex 1, the CITES Secretariat
estimates that it would cost close to $1.6
million to run this program from 2009
through 2011. While the United States
has always, and continues to be, a
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
strong supporter and proponent of
training in the implementation and
enforcement of CITES, we do not
support such an initiative with such
significant budget implications. There
are already similar educational and
capacity-building programs and
mechanisms that would be duplicated
by the development of such a program
at the Secretariat (e.g., the Masters and
Doctoral courses conducted by the
International University of Andalucia,
and current U.S. training offered in
connection to Regional Free Trade
Agreements).
17. Cooperation between Parties and
promotion of multilateral measures
(Doc. 17). Tentative U.S. negotiating
position: Undecided. At the time this
notice was prepared, this document had
not been posted on the Secretariat’s Web
site.
18. Cooperation With Other
Organizations
18.1 Cooperation with the Food and
Agriculture Organization of the United
Nations (Doc. 18.1). Tentative U.S.
negotiating position: Undecided on
establishment of a Fishery Working
Group within CITES; support
strengthening cooperation between
CITES and United Nations Food and
Agriculture Organization (FAO) with
regard to forestry and non-timber forest
products, but opposed to formalization
of the relationship through a
Memorandum of Understanding (MoU).
This document was submitted by the
CITES Secretariat. It provides a history
of the collaboration between CITES and
FAO regarding marine listing and
implementation issues, and summarizes
cooperative activities in recent years
related to queen conch, sturgeons,
sharks, sea cucumbers, and other
species. Pointing to the success of
collaborative efforts between CITES and
FAO on marine issues, the Secretariat
recommends strengthening cooperation
with FAO on issues related to forestry
and non-timber forest products. The
document includes draft decisions for
consideration by the Parties at CoP14.
One of these decisions directs the
Secretariat to initiate discussions with
FAO on strengthening and formalizing
cooperation between CITES and FAO
with regard to forestry and non-timber
forest products. Another, directed to the
Standing Committee, would establish a
Fishery Working Group to address
practical issues related to the
implementation of the Treaty for fish
and marine invertebrates.
The United States endorsed the
establishment of the MoU with FAO on
marine issues that was finalized at
SC54, and we fully support ongoing
cooperation between CITES and FAO
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
regarding marine issues. FAO has
provided valuable advice and assistance
to CITES on a number of marine issues,
including the development of listing
criteria for marine species and the
formation of ad hoc expert advisory
panels to evaluate marine listing
proposals prior to a CoP. We have
endorsed the idea of a marine working
group in the past; in fact, at CoP10, the
United States submitted a document
calling for the Standing Committee to
establish a temporary working group for
marine fish species. However, given the
formalized cooperative arrangement
with FAO, ongoing work in the Animals
Committee, and the desire to avoid
duplication of effort, we are uncertain of
the need for establishing a Fishery
Working Group within CITES at this
time. No information has been provided
regarding the proposed composition or
the mandate of such a group. We will
develop a position as more information
becomes available.
The International Tropical Timber
Organization (ITTO) promotes the
conservation and sustainable
management of and trade in tropical
forest resources. We submitted a
document for consideration at CoP14
(Doc. 18.2) that recognizes the
importance of close cooperation
between CITES and ITTO in the
consideration and implementation of
CITES listings of tropical timber species
and recommends strengthening the
cooperation between the CITES and
ITTO Secretariats. While we would also
support increased cooperation between
CITES and ITTO regarding forestry and
non-timber forest products, we do not
believe that it is necessary to formalize
the relationship through a MoU.
18.3 Statements from representatives
of other conventions and agreements
(No document). Tentative U.S.
negotiating position: Not applicable.
19. Dialogue Meetings
19.1 Terms of reference for CITES
dialogue meetings (Doc. 19.1). Tentative
U.S. negotiating position: Support.
Range country dialogue meetings have
occurred for the African elephant since
1996 and hawksbill sea turtles since
2001. The Standing Committee
instructed the Secretariat to draft terms
of reference for the organization and
conduct of dialogue meetings for any
taxon. The Secretariat’s draft was
reviewed at SC50 and approved with
amendments at SC53 (July 2005). The
Standing Committee agreed with the
Secretariat that the revised document
should be the basis for a draft resolution
at CoP14. This document incorporates
the suggestions from the Standing
Committee and describes what a
dialogue meeting is, who may call a
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
dialogue meeting, the organization of
the meeting, how decisions are made
and communicated, and how the rules
of procedure may be amended. The
United States participated in the SC53
discussions and generally supports the
document.
19.2 Results of the dialogue meeting
on the African elephant (Doc. 19.2).
Tentative U.S. negotiating position: Not
applicable. The African elephant
dialogue meeting is scheduled to be
held in The Hague, The Netherlands,
immediately prior to the start of CoP14.
When the document is available, we
will review it closely and develop our
position. We support the range States
dialogue process for debating
multinational species issues, and the
United States provided funding for this
meeting through a grant under the
African Elephant Conservation Act.
hsrobinson on PROD1PC76 with NOTICES
Interpretation and Implementation of
the Convention
Review of Resolutions and Decisions
20. Review of Resolutions
20.1 Resolutions relating to
Appendix-I species (Doc. 20.1).
Tentative U.S. negotiating position:
Support. In Document CoP14 Doc. 20.1,
the Secretariat puts forward two draft
consolidated resolutions relating to
Appendix-I species. The first draft
resolution is a consolidation of the
resolutions related to hunting trophies
for Appendix-I species, and the second
draft resolution consolidates the
resolutions related to the conservation
of and trade in specimens of specific
Appendix-I species. The United States
has long supported the efforts to
consolidate resolutions related to
Appendix-I species, as long as such an
approach continues to allow for the
elaboration of specific measures that
may be needed for individual species
and does not result in a generic
approach to the conservation of these
rare and endangered species.
20.2 General review (Doc. 20.2).
Tentative U.S. negotiating position:
Undecided. At the time this notice was
prepared, Document CoP14 Doc. 20.2
was not available for review on the
Secretariat’s Web site. Prior to CoP12,
the Secretariat began a review of the
existing CITES resolutions to identify
those that were difficult to implement,
redundant with other resolutions, or
with outdated text. At CoP12 and again
at CoP13, the Secretariat proposed
changes to and consolidations of
sections of several resolutions, which
the Parties considered, and some of
which the Parties adopted. With
Document CoP14 Doc. 20.2, the
Secretariat is continuing this review
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
process by identifying a number of
resolutions for which it has proposed
changes, consolidations, or transfers of
text to other resolutions.
21. Revision of Resolution Conf. 11.16
on ranching and trade in ranched
specimens of species transferred from
Appendix I to Appendix II (Doc. 21).
Tentative U.S. negotiating position:
Oppose, but agree with some aspects.
While the United States agrees that
reporting requirements should request
only appropriate information that is
used to monitor ranching operations
and to determine that such operations
continue to meet the requirements
agreed by the Parties in Resolution Conf.
11.16, we do not agree with eliminating
the collection of needed information
based on Parties’ inability or
unwillingness to submit a complete
report. Annual reporting must include
sufficient information to determine if
ranching operations are having an
adverse effect on wild populations and
that population trends are stable or
increasing.
Regarding the revision to the
definition of ‘‘ranching,’’ the United
States agrees that the definition should
be amended, but does not accept the
proposed definition. The Parties should
postpone a revision of the definition of
‘‘ranching’’ in Resolution Conf. 11.16
until consideration of Document CoP14
Doc. 38, and if agreed, the review
proposed in that document has been
completed.
22. Review of Decisions (Doc. 22).
Tentative U.S. negotiating position:
Undecided. At the time this notice was
prepared, Document CoP14 Doc. 22 was
not available for review on the
Secretariat’s Web site. At CoP13, the
Parties reviewed the current CITES
decisions to identify those that were
long term in nature. For these long-term
decisions, the Parties adopted the
transfer of their text into new or existing
resolutions. With Document CoP14 Doc.
22, the Secretariat is continuing this
process by identifying existing decisions
that are intended to be valid for a long
term and making proposals for the
transfer of the relevant texts of these
decisions into new or existing
resolutions.
Compliance and Enforcement Issues
23. Guidelines for compliance with
the Convention (Doc. 23). Tentative U.S.
negotiating position: Support. At CoP12,
the Parties directed the Standing
Committee to develop guidelines for
compliance with the Convention and a
working group was established at SC50
to accomplish the task. The United
States has been an active member of the
Working Group on Compliance and
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
30611
supports completion of the draft
guidelines at CoP14. The existing
compliance mechanisms in the Treaty
and resolutions are effective and
appropriate. We have worked to ensure
that the guidelines for compliance
accurately describe those mechanisms
and do not go beyond what already
exists by introducing new mechanisms
or procedures. Although significant
progress was made and agreement was
reached on most of the text, some areas
of disagreement remained after SC54.
Document CoP14 Doc. 23 was prepared
by the Chairman of the Working Group
on Compliance and includes the draft
guidelines and the Chairman’s
recommendations for resolving
remaining areas of disagreement. The
United States supports his
recommendations because they focus
the guidelines on describing existing
practice instead of creating new
compliance procedures.
24. National laws for implementation
of the Convention (Doc. 24). Tentative
U.S. negotiating position: Undecided. At
the time this notice was prepared, this
document had not been posted on the
Secretariat’s Web site. The United States
strongly believes that the Convention’s
effectiveness is undermined when Party
States do not have adequate national
laws in place for implementing CITES,
and we have previously supported
action by the Conference of the Parties
to compel Parties to adopt effective
CITES implementing legislation.
25. Enforcement matters (Doc. 25).
Tentative U.S. negotiating position:
Support. The United States supports the
proposed decisions relating to a meeting
of the CITES Enforcement Experts
Group and the suggestion that
Resolution Conf. 11.3 be revised. The
United States agrees that existing efforts
to capture illegal trade information have
largely been unsuccessful and welcomes
an opportunity to discuss the issue so
that illegal trade activities are better
understood and enforcement efforts to
combat them are made more effective.
The United States also concurs with the
Secretariat’s assessment that, despite
remarkable efforts by dedicated wildlife
enforcement officers around the world,
governments need to raise the profile of
wildlife enforcement and ensure that
sufficient resources are devoted to
interdiction of illegal trade and
prosecution of wildlife criminals.
26. Compliance and enforcement
(Doc. 26; Germany, on behalf of the
European Community Member States).
Tentative U.S. negotiating position:
Partial support. The United States
agrees with many of the Secretariat’s
concerns. The United States does not
believe it is necessary, at this point, to
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30612
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
establish a permanent Enforcement
Experts Group. However, a second
meeting of this group is warranted to
follow up on previous recommendations
and take up some of the issues
identified in this document as well as
enforcement-related documents, such as
Document CoP14 Doc. 25 and Document
CoP14 Doc. 28.
27. Disposal of illegally traded and
confiscated specimens of Appendix-II
and -III species (Doc. 27; Indonesia).
Tentative U.S. negotiating position:
Oppose. The United States does not
support the proposed decision directed
to the Standing Committee regarding
amendments to Resolution Conf. 9.10
(Rev. CoP13). Some of the issues raised
in Document CoP14 Doc. 27 and the
proposed decision are clearly addressed
in existing resolutions. In addition,
several of the issues identified as
possible amendments would raise
enormous logistical, financial, and
workload challenges that would
substantially outweigh any possible
conservation benefit for Parties that
regularly confiscate large volumes of
wildlife. The proposed amendments to
Resolution Conf. 9.10 (Rev. CoP13)
included in this document, if adopted,
could have a negative conservation
impact by discouraging Parties from
confiscating illegally traded wildlife if
they were required to take on the
substantial logistical, financial, and
workload burdens that would
accompany these requirements.
28. Internet trade in specimens of
CITES-listed species (Doc. 27; Germany,
on behalf of the European Community
Member States). Tentative U.S.
negotiating position: Support. The
United States is concerned about the
role of the Internet in illegal wildlife
trade and has already devoted
enforcement resources to this issue. The
United States supports the Secretariat’s
alternative draft decisions, which would
be a more efficient and cost-effective
approach to the workshop.
29. National reports (Doc. 29).
Tentative U.S. negotiating position:
Support with minor changes. With
Document CoP14 Doc. 29, the
Secretariat reports on progress it and the
Parties have made since CoP13 in
implementing Resolution Conf. 11.17
(Rev. CoP13) on national reports, and on
progress it has made in implementing
Decisions 13.90–13.92 on reporting
requirements. The Secretariat
recommends that the Parties consider
adopting two draft decisions included
in Annex 2 of Document CoP14 Doc. 29.
The first draft decision, which the
United States supports, would direct the
Standing Committee to undertake a
review of the CITES recommendations
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
to Parties to provide special reports,
assess whether they might be effectively
incorporated into the annual and
biennial reports, and report to CoP15 on
its conclusions and recommendations.
The second draft decision would direct
the Secretariat to continue work
directed under Decision 13.92 to
facilitate the harmonization of
knowledge management and reporting
with other biodiversity-related
conventions. This draft decision would
continue work directed under Decision
13.90 to identify ways to reduce
reporting burdens on Parties. The
United States supports both of these
aspects of the draft decision. However,
the second point of the draft decision
also directs the Secretariat to support
the Standing Committee on electronic
permitting. The United States
recognizes the potential benefits
electronic permitting could provide in
relation to national reports, but we are
concerned about the potential financial
impact on some Parties and the limited
capacity of many Parties to completely
implement electronic permitting (see
the U.S. position on Document CoP14
Doc. 40.1 and Document CoP14 Doc.
40.2). Therefore, the United States,
while supportive of most of the text of
the second draft decision, does not
support inclusion of the phrase ‘‘* * *
its support of the Standing Committee
on electronic permitting* * *’’
31. Monitoring of the implementation
of the annotations to Euphorbia spp.
and Orchidaceae spp. included in
Appendix II (Doc. 31; Switzerland).
Tentative U.S. negotiating position:
Support. Switzerland has submitted a
proposal for CoP14 to amend the
annotation to Orchidaceae (Prop. 34),
and another proposal to amend the
annotation to Euphorbia spp. (Prop. 29).
In Document CoP14 Doc. 31,
Switzerland explains that, if these two
proposals are adopted, then it would be
appropriate to renew Decisions 13.98
and 13.99 to monitor the
implementation of the amended orchid
annotation, and also adopt similar
decisions to monitor the
implementation of the amended
Euphorbia annotation. In the Annex to
Document CoP14 Doc. 31, Switzerland
provides the draft renewals of Decisions
13.98 and 13.99, plus two new similar
draft decisions on the Euphorbia
annotation. The United States agrees
that, if the species proposals amending
the Euphorbia annotation and the
orchid annotation are adopted at CoP14,
then the Parties should also adopt
decisions to monitor the
implementation of these amended
annotations, in order to determine how
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
effective they are and whether they are
causing any significant enforcement
difficulties. It is also the U.S. position
that, if these two proposals are not
adopted, Decisions 13.98 and 13.99
should still be continued.
32. Incentives for implementation of
the Convention (Doc. 32). Tentative U.S.
negotiating position: Oppose. Document
CoP14 Doc. 32 reviews Decisions 13.76
and 13.77, and summarizes the issues
involved in incentives for
implementation of the convention. The
Secretariat’s lists numerous
recommendations, including the
creation of a working group to identify
options for CITES Authorities in
designing and using specific incentive
measures.
While the United States does not have
any fundamental objections to the use of
economic incentives to further wildlife
conservation in the context of CITES,
the text of the Convention is silent on
this matter. Although careful and
detailed consideration must be given by
the Parties prior to incorporating these
concepts and specific recommendations
into the body of CITES soft law, we note
that the Secretariat’s report indicates
that there was no response from Parties
to the Notification calling for
submissions on economic incentives
(2005/022). We, therefore, have
questions about the value of this work
to the CITES Parties. The report presents
interesting information to the Parties,
but given the lack of interest, this work
can be successfully brought to a close
and this agenda topic retired. Specific
work, such as the survey of fee
structures is valuable in its own right as
an implementation item, but other
proposed decision elements directed to
the Standing Committee, the Parties,
and the Secretariat are not a priority and
should not be supported.
Trade Control and Marking Issues
33. Introduction from the sea (Doc.
33). Tentative U.S. negotiating position:
Support. This document was prepared
by the CITES Secretariat on behalf of the
Standing Committee and reports on
progress made since CoP13 on issues
related to introduction from the sea. In
2005, a workshop on introduction from
the sea was convened in accordance
with Decision 13.18. The report of the
workshop, the comments received on
the report, and a draft resolution and
draft decision prepared by the
Secretariat were considered at SC54. It
was agreed that a working group would
work electronically to refine the
definition of the ‘‘marine environment
not under the jurisdiction of any State’’
based on issues raised at SC54 and
comments on the workshop report.
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
Document CoP14 Doc. 33 includes a
draft resolution that contains both the
definition agreed by the workshop and
an alternative definition put forward by
the working group. The Standing
Committee recommends that the CoP
reach agreement on the bracketed text
and adopt the resolution to provide a
definition of the ‘‘marine environment
not under the jurisdiction of any State.’’
The United States has been actively
involved in discussions related to
introduction from the sea since the
drafting of the Treaty, and we strongly
support continuing efforts to achieve
common understanding of the practical
application of the introduction from the
sea provision under CITES. We
participated in the 2005 workshop and
the electronic working group following
SC54. We strongly support adoption of
the draft resolution with the alternative
definition put forward by the working
group in place of the definition agreed
at the 2005 workshop.
Document CoP14 Doc. 33 also
includes a draft decision directed to the
Standing Committee. The decision calls
for the establishment of a working group
on introduction from the sea, to work
primarily through electronic means, to
consider further clarification of terms
and other issues identified in the 2005
workshop report. The working group
would be asked to report its findings to
CoP15. The United States believes that,
given the increasing number of listing
proposals for marine species at recent
CoPs, continued work on the practical
implementation of the introduction
from the sea provision is important, and
we therefore support the formation of
such a working group.
34. Trade in Appendix-I species (Doc.
34). Tentative U.S. negotiating position:
Based on the results of the United
Nations Environment Programme World
Conservation Monitoring Centre
(UNEP–WCMC) analysis reported at
SC54, most trade in Appendix-I species
reported by the Parties is conducted
appropriately. However, UNEP–WCMC
noted that further clarification of the
purpose of transaction codes would be
useful, and that countries also need to
show greater care in applying source
codes. The United States supports the
need to clarify further the use of certain
purpose of transaction and source codes
so that there is more uniformity in how
codes are used. As identified in
Document CoP14 Doc. 38, the Animals
Committee and Plants Committee were
unable to make significant progress on
production systems and source codes
and have proposed a more narrow scope
of work to develop a definition of
ranching for application to CITES for
CoP15. The United States submitted a
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
document (CoP14 Doc. 39) proposing
refinements to the purpose of
transaction codes, to eliminate
duplicities and ensure better usage by
the Parties.
35. International expert workshop on
non-detriment findings (Doc. 35;
Mexico). Tentative U.S. negotiating
position: Support. The Scientific
Authority of each Party is required to
make non-detriment findings for species
listed in Appendix I and Appendix II.
However, many countries lack financial
and technical resources and expertise to
fully meet this obligation. The proposed
workshop on making CITES nondetriment findings will improve Parties
abilities to make scientifically sound
findings, build regional capacity, and
foster greater cooperation among Parties
to effectively implement the
Convention.
The proposed workshop is an
initiative that grew out of discussions
among the three Parties in the North
American Region of CITES—Canada,
Mexico, and the United States. The
United States is fully supportive of this
workshop. We believe that
strengthening the capacities of CITES
Scientific Authorities will help to
ensure that trade in CITES-listed species
does not occur at levels that threaten
their survival.
36. Management of annual export
quotas (Doc. 36). Tentative U.S.
negotiating position: Support, provided
negotiated changes to the text of the
draft resolution will advance and
support the establishment,
implementation, and monitoring of
nationally established export quotas for
Appendix-II species. The United States
initiated discussion of this issue at
CoP12 and has been an active
participant in the Standing Committee’s
Export Quota Working Group (EQWG).
This document accurately reflects the
discussions of the EQWG since CoP13,
which has made significant progress in
developing a draft resolution and
amendments to existing resolutions that
would cover this issue. Although
substantive issues remain unresolved, as
reflected in Document CoP14 Doc. 36,
the United States hopes that, with
further discussion at CoP14, a final draft
resolution can be agreed and adopted.
The United States has participated in
these deliberations with a goal of
ensuring that export quotas for CITESlisted species provide a meaningful tool
for monitoring and controlling trade by
providing a feedback mechanism for
importing countries to communicate
irregularities and potential illegal trade
to exporting countries.
37. Appendix-I Species Subject to
Export Quotas
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
30613
37.1 Leopard export quotas for
Mozambique (Doc. 37.1; Mozambique).
Tentative U.S. negotiating position:
Oppose. In this document, Mozambique
proposes to increase its export quota for
leopard hunting trophies and skins for
personal use from 60 to 120. The United
States, as reflected in the document we
submitted for CoP12 on establishing
scientifically based quotas, and in
accordance with Resolution Conf. 9.21
(Rev. CoP13), which calls for
establishment of a scientific basis for
proposed quotas, is very interested in
ensuring that annual export quotas are
established on strong biological data.
Mozambique’s request does not provide
enough biological information about the
population of leopards or their prey in
Mozambique to determine whether the
population can be sustained under the
proposed quota figure.
37.2 Black rhinoceros export quotas
for Namibia and South Africa (Doc.
37.2; Kenya). Tentative U.S. negotiating
position: Undecided. Kenya is
proposing to rescind Resolution Conf.
13.5, which allows Namibia and South
Africa to export five black rhino sporthunted trophies annually. Kenya has
provided information about
management problems in Namibia and
increased levels of rhino poaching in
South Africa since the exports were
approved at CoP13 in 2004. However,
this information is contradicted by a
report on the status and trade of rhinos
produced by the IUCN–SSC’s African
Rhino Specialist Group (CoP14 Doc. 54),
which reports an increase in the black
rhino population in both countries and
very limited rhino poaching in Namibia
or South Africa. Although Kenya fails to
provide information to show that the
existing quota is biologically
unsustainable or that range-wide
poaching of black rhinos has increased
as a result of the export of sport-hunted
trophies, their document does raise
questions that should be addressed by
Namibia and South Africa prior to the
United States finalizing its position on
this document. It should be noted that
this species is listed as endangered
under the Endangered Species Act and
that the import of a black rhinoceros
sport-hunted trophy into the United
States must meet additional regulatory
requirements.
38. Production systems for specimens
of CITES-listed species (Doc. 38).
Tentative U.S. negotiating position:
Support. The United States has been an
active participant in the discussion of
production systems and source codes,
by chairing an intersessional joint
working group of the Animals and
Plants Committees on the subject. We
agree that additional discussions with a
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30614
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
narrower focus on ranching are
warranted, as described in the
document.
40. Electronic Permitting
40.1 Report of the Secretariat (Doc.
40.1). Tentative U.S. negotiating
position: Oppose. The United States
believes that the majority of Parties do
not and will not have the technological
or financial support to fully implement
an electronic permitting system, now or
in the near future. Given the complexity
of this effort and the current state of
technology, the United States believes
that this does not represent a highpriority activity at this time, particularly
given the current budget atmosphere.
40.2 Report of the Standing
Committee’s Working Group (Doc. 40.2).
Tentative U.S. negotiating position:
Oppose. See discussion on Document
CoP14 Doc. 40.1 above.
41. Transport of live specimens (Doc.
41). Tentative U.S. negotiating position:
Support. In Document CoP14 Doc. 41
(Rev. 1), the Secretariat summarizes
work done by the Transport Working
Group and presents a revision of
Resolution Conf. 10.21 on ‘‘Transport of
live animals’’ to ‘‘Transport of live
specimens’’ by including the transport
of plants. Other changes would limit
review of shipment mortality to only
those shipments with high mortality.
The United States is generally in favor
of the revisions to Resolution Conf.
10.21, in particular the inclusion of
plants, which will result in a more
comprehensive resolution. While the
United States continues to be interested
in all mortality during shipment, we
realize that this presents a burden on
already-taxed inspectors and customs
officials, and agree with the new
language in the revision that calls for
the Animals and Plants Committees to
examine high-mortality shipments of
live specimens.
The United States is in favor of efforts
to provide comprehensive information
on the best methods for live animal and
plant transport. The requirements in the
International Air Transport Association
(IATA) Live Animals Regulations (LAR),
while used specifically for air transport,
are in most cases appropriate for non-air
transport (road, rail, and sea). The
World Organisation for Animal Health
(OIE)’s proposed Web site for non-air
animal and plant transport methods
would be useful as a supplement for
alternative transport methods to those
described in the IATA–LAR, provided it
addresses the challenges presented with
the transport of live captive and wild
CITES-listed taxa that require special
attention for non-air transport methods
(e.g., duration of transit time,
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
environmental conditions, and
conveyance vehicles).
42. Physical inspection of timber
shipments (Doc. 42; Germany, on behalf
of the European Community Member
States). Tentative U.S. negotiating
position: Support. Document CoP14
Doc. 42 details a number of problems
faced by CITES inspection officials at
ports of import and export in inspecting,
identifying, and measuring the volume
of CITES timber shipments. Document
CoP14 Doc. 42 recommends that CITES
take action to provide guidance to the
Parties on enforcement of timber listings
and focuses on identification and the
development of a methodology for the
physical inspection of timber
shipments. The document contains two
draft decisions in the Annex. The first
draft decision would direct the
Secretariat, in consultation with the
Plants Committee, CITES Parties, and
relevant organizations, to identify
existing timber identification tools for
CITES-listed species and identify ways
that these tools can be accessed by
CITES inspection authorities. This
decision would further direct the
Secretariat to identify gaps for which
additional work is needed to develop
timber identification tools; the
Secretariat is then to report its findings
to the Standing Committee. The second
draft decision would direct the Standing
Committee, in consultation with the
Secretariat, range countries, and other
Parties and relevant organizations, to
develop guidelines for the enforcement
of timber listings and to focus on the
development of a methodology to carry
out physical inspections of timber
shipments.
44. Identification Manual (Doc. 44).
Tentative U.S. negotiating position:
Support. This document is a report from
the Secretariat on progress in the
development of identification materials
for listed species. We are nearing
completion of an identification sheet for
paddlefish (Polyodon spathula) and
plan to submit the sheet to the CITES
Secretariat later this year. On December
16, 2005, we listed the alligator
snapping turtle (Macroclemys
temminckii) and all species of map
turtles (Graptemys spp.) in Appendix III
of CITES. We are currently working
with the University of Kansas to draft
identification sheets for those species.
We will continue to address the
remaining CITES-listed species for
which the United States is responsible
for providing identification materials.
Exemptions and Special Trade
Provisions
45. Personal and household effects
(Doc. 45). Tentative U.S. negotiating
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
position: Support. This document
contains a proposal from the Standing
Committee’s Personal and Household
Effects Working Group to amend
Resolution Conf. 13.7 (on control of
trade in personal and household effects)
to facilitate trade in personally owned
specimens of certain CITES-listed
species. The United States has been an
active participant in this working group
since it was established in 2006. The
United States believes that the list of
exempted items is a useful tool in
implementing the Convention. We also
believe that, although additions to the
list may be appropriate in certain
limited circumstances, any substantial
increase in the number of items
included in the list is likely to create
confusion and enforcement problems.
The United States supports
development of a careful and
deliberative process to amend the list.
46. Trade in some crocodilian
specimens (Doc. 46; Germany, on behalf
of the European Community Member
States). Tentative U.S. negotiating
position: Oppose. The basic contention
of the document is that the
implementation of Resolution Conf.
11.12 is working so well that the
issuance of re-export documents for
finished crocodilian leather products is
an expensive, unnecessary redundancy.
This proposal is inconsistent with
CITES Article I(b)(ii), which requires
that readily recognizable parts and
derivatives of animal species listed in
Appendices I and II are considered
specimens that are subject to the
provisions of the Convention. The
proponents have not argued or
presented information to suggest that
these specimens are not readily
recognizable. We are unconvinced that
the issuance of re-export documents for
finished crocodilian leather products is
unnecessarily redundant. Furthermore,
we believe that adoption of such a
proposal would establish a dangerous
precedent that some Parties may wish to
apply to the finished products of other
CITES-listed species.
47. Applications to register operations
that breed Appendix-I animal species in
captivity for commercial purposes (Doc.
47). Tentative U.S. negotiating position:
Oppose. This document refers to
Notification to the Parties Nos. 2004/054
and 2005/48, requests by the
Management Authority of the
Philippines to register a captivebreeding operation for the following
birds: Amazona ochrocephala
auropalliata, Amazona ochrocephala
oratrix, Amazona viridigenalis,
Anodorhynchus hyacinthinus, Ara
militaris, Ara rubrogenys, Cacatua
goffini, and Propyrrhura maracana. We
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
are unable to support the approval of
this operation for these eight species
because the applications did not
provide sufficient documentation on
legal acquisition of the parental stock.
Although documentation was provided,
it is not specific to the species involved
and refers only generically to parrots.
Further, no documentation is provided
to show that the parental stock was
legally exported from range countries.
Therefore, the captive-breeding
operation does not meet the bred-incaptivity criteria of Resolution Conf.
10.16 (Rev.), specifically paragraph
(b)(ii)A, which requires that the
breeding stock must have been
established ‘‘in accordance with CITES
and relevant national laws.’’ Approval
of this operation in the absence of
documentation of legal origin of its
stock could potentially set a precedent
for approving other captive-breeding
operations that similarly lack such
documentation.
48. Relationship between ex situ
production and in situ conservation:
report of the Standing Committee (Doc.
48). Tentative U.S. negotiating position:
Document CoP14 Doc. 48 contains
recommendations of the Standing
Committee’s Clearing House. As a
member of the Clearing House, the
United States provided technical
comments on the version of this
document presented to the Standing
Committee for SC54. The United States
agrees with the CITES Secretariat that
the issues raised by the relationship
between ex situ production methods
and in situ conservation efforts (for
CITES-listed species) are interesting.
However, we believe that the Parties
must carefully consider, in light of
current budgetary constraints, whether
the recommended study represents a
high-priority activity and will support
the core purposes and functions of
CITES.
49. Reservations regarding species
transferred from one Appendix to
another (Doc. 49). Tentative U.S.
negotiating position: Support. The
Convention provides three provisions
under which a Party may take a
reservation: (1) Article XXIII provides
for a new Party to take a reservation
with respect to a species listed in
Appendix I, II, or III, within 90 days
after the date that the Party deposits its
instrument of ratification; (2) Article XV
provides for a Party to take a reservation
to an adopted amendment to Appendix
I or II, within 90 days after the CoP at
which the amendment was adopted; and
(3) Article XVI provides for a Party to
take a reservation on a species listed in
Appendix III, or on any parts or
derivatives of that species, at any time
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
after the listing of the species. With
Document CoP14 Doc. 49, the
Secretariat presents a draft revision to
Resolution Conf. 4.25 to clarify that, in
cases where a Party holds a reservation
in relation to a species that is
subsequently transferred from one
Appendix to another (or in other words
deleted from one Appendix and
simultaneously added to another
Appendix), the reservation will be
considered as no longer valid, and the
Party will need to enter a new
reservation if it wishes to maintain the
reservation on the species. In the draft
revision, the Secretariat also proposes to
combine the two existing
recommendations in Resolution Conf.
4.25 to shorten and simplify the text.
Species Trade and Conservation Issues
50. Great apes (Doc. 50). Tentative
U.S. negotiating position: Undecided
until certain reports are made available
to the CITES Secretariat and reviewed.
In Document CoP14 Doc. 50 the CITES
Secretariat reviews activities involving
great apes.
At SC54, held in October 2006, the
Secretariat expressed its concern
regarding a lack of information relating
to orangutans that had been illegally
imported into Cambodia and questioned
whether the Convention was being
adequately implemented. The Standing
Committee called upon Cambodia to
facilitate a mission by the Secretariat to
assess implementation of the
Convention, but to date the request has
not been answered. The Secretariat will
report on this subject at CoP14 and also
has expressed its concerns regarding
illicit trade in great apes by Egypt. The
Standing Committee requested Egypt to
prepare a report for CoP14 on its
enforcement of the Convention,
particularly with regard to the illicit
trade in primates. The report has not yet
been prepared. The Standing Committee
recommended that the Conference of the
Parties review the reports concerning
Cambodia and Egypt and decide
whether additional measures, including
non-compliance measures or a
verification mission by the Secretariat,
are necessary.
The United States is unable to
determine a definite position until the
reports requested by the Secretariat from
Cambodia and Egypt concerning reports
on illegal trade in primates can be
reviewed. The United States takes noncompliance issues very seriously and
will look closely at the responses and
reports requested from Cambodia and
Egypt. The United States has been
supportive of past actions recommended
by the Secretariat in response to noncompliance issues, and unless there are
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
30615
circumstances that would warrant
otherwise, we expect to continue our
support of the Secretariat’s
recommendations.
51. Cetaceans (Doc. 51; Japan).
Tentative U.S. negotiating position:
Oppose. This document contains two
draft decisions that, if adopted, would
direct the Animals Committee to
include in its Review of the Appendices
all cetaceans in Appendix I that are
managed by the International Whaling
Commission (IWC). The second draft
decision would direct the CITES
Secretariat to write to the IWC
Secretariat conveying the concern of the
Conference of the Parties regarding the
postponement of the Revised
Management Scheme discussions. The
United States believes it is doubtful that
any new and compelling information
would be revealed by this review, since
the whale species most highly traded
have been carefully reviewed by the
IWC Scientific Committee and have
been under almost continuous scrutiny
by the Parties since CoP9 in 1994.
52. Asian big cats (Doc. 52). Tentative
U.S. negotiating position: Support. In
Document CoP14 Doc. 52, the
Secretariat notes that several countries
have achieved success in halting the
downward population trend for wild
tigers by using well-equipped and
trained anti-poaching units. However,
the Secretariat contends that, despite all
the attention and money that have been
put towards conserving tigers, wild tiger
populations are probably at greater risk
of extinction today than ever before.
Unless the CoP can identify any new
approach to the conservation of Asian
big cat species, the Secretariat sees little
option other than for the Parties to
renew their efforts to eliminate illicit
trade in specimens of these species.
53. Elephants
53.1 Trade in elephant specimens
(Doc. 53.1). Tentative U.S. negotiating
position: Undecided, pending the
outcome of the African elephant range
States dialogue meeting and discussions
at SC55. This document was submitted
by the Secretariat to report on a number
of items related to both domestic and
international ivory trade. Specifically,
the document provides information on
accomplishments achieved under the
Action Plan for the control of trade in
African elephant ivory, adopted at
CoP13; the Secretariat’s efforts to verify
if certain conditions have been met to
allow international trade from
government-owned ivory stocks for
certain countries, in line with the
annotation adopted at CoP12; a review
of the implementation of ivory trade
controls in Zimbabwe; and a number of
recent items related to illegal
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30616
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
international trade in ivory. The
Secretariat will report orally on this
subject at CoP14 and make specific
recommendations at that time. The
United States will formulate its position
based on the results of the African
elephant range States dialogue meeting
and reports expected at SC55 and
CoP14.
53.2 Monitoring of illegal trade in
ivory and other elephant specimens
(Doc. 53.2). Tentative U.S. negotiating
position: Undecided. At the time this
notice was prepared, this document had
not been posted on the Secretariat’s
website.
53.3 Monitoring of illegal hunting in
elephant range States (Doc. 53.3).
Tentative U.S. negotiating position:
Undecided. This document was
prepared by the Secretariat to report on
progress since CoP13 in implementing
the MIKE (Monitoring the Illegal Killing
of Elephants) program. At SC54, the
Committee agreed that MIKE baseline
information was not yet complete (a
condition required before the ivory sale
agreed at CoP12 may take place) and
that the Secretariat should report on the
MIKE baseline at SC55. The Secretariat
notes in Document CoP14 Doc. 53.3 that
the completed baseline information is
ready to be presented at SC55. The
document discusses MIKE activities
since CoP13 and describes the current
status of funding for the African and
Asian MIKE programs. Although
funding has been secured to support the
MIKE program in Africa through 2011,
the Secretariat is seeking $4 million to
support MIKE activities in Asia for the
period 2007–2011. The Secretariat will
report orally on this subject at CoP14,
including information on the outcomes
of the baseline discussions at SC54 and
fund-raising efforts. The United States
will formulate its position based on the
results of the African elephant range
States dialogue meeting and reports
expected at SC55 and CoP14.
53.4 Illegal ivory trade and control
of internal markets (Doc. 53.4; Kenya
and Mali). Tentative U.S. negotiating
position: Undecided. This document
submitted by Kenya and Mali is
intended to support CoP14 Prop. 6.
Document CoP14 Doc. 53.4 chronicles
ivory seizures since CoP13 and provides
information on domestic ivory markets
around the world. Kenya and Mali
propose amendments to Resolution
Conf. 10.10 (Rev. CoP12), including a
recommendation that Parties whose
elephant populations are listed in
Appendix I not introduce proposals to
transfer those populations to Appendix
II for a period of 20 years and a 20-year
moratorium on ivory trade from
Appendix-II populations, except for
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
non-commercial trade in hunting
trophies and the sale approved at
CoP12. The document also includes a
draft decision urging ivory-importing
countries and others to provide
financial and technical support for
implementation of the Action Plan for
the control of trade in African elephant
ivory. We appreciate the position of
Kenya and Mali relative to conservation
efforts for African elephants. However,
we note that a 20-year ban on listing
proposals may be contrary to Article XV
of the Treaty, which provides for any
Party to propose an amendment to
Appendix I or II at any CoP. The United
States will formulate its final position
based on the results of the African
elephant range States dialogue meeting
and reports expected at SC55 and
CoP14.
54. Rhinoceroses (Doc. 54). Tentative
U.S. negotiating position: Support in
principle, but financial decisions are
still undecided. In Document CoP14
Doc. 54, the Secretariat reports on the
outcome of the projects undertaken by
IUCN and TRAFFIC related to the
conservation of and trade in African and
Asian rhinoceroses. The Secretariat
proposes to incorporate the reporting
role of the IUCN/SSC African and Asian
Rhino Specialist Groups and TRAFFIC
into Resolution Conf. 9.14 (Rev. CoP13).
The Secretariat also proposes two draft
decisions related to the continued
illegal trade in rhinoceros horns and one
draft decision related to site-based
monitoring of rhinoceros populations.
The Secretariat notes that there are
substantial financial implications
associated with adopting its
recommendations on this issue. The
United States applauds the work
undertaken by IUCN and TRAFFIC and
supports continued work in combating
the illegal hunting and trade in
rhinoceroses. However, with regard to
the financial implications of adopting
the recommendations in the document,
we believe that any items related to
budgeting and financing activities under
CITES must be carefully considered by
the Parties in light of other priorities.
55. Tibetan antelope (Doc. 55).
Tentative U.S. negotiating position:
Support. Resolution Conf. 11.8 (Rev.
CoP13) instructed the Standing
Committee to undertake a regular
review of the enforcement measures
taken by the Parties to eliminate illicit
trade in Tibetan antelope products on
the basis of the CITES Secretariat’s
report, and to report the results at each
meeting of the Conference of the Parties.
This document submitted by Secretariat
summarizes the report.
56. Saiga antelope (Doc. 56). Tentative
U.S. negotiating position: Support, with
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
additions. This document refers to
Decisions 13.27 through 13.35 on saiga
antelope, which were to be
implemented prior to CoP14. These
interconnected decisions were directed
to the range States of the saiga antelope
(Kazakhstan, Mongolia, the Russian
Federation, Turkmenistan and
Uzbekistan, and possibly China), other
Parties (specifically those that are
important consumers of and traders in
saiga products, and those that could act
as financial donors) and bodies, the
Standing Committee, and the CITES
Secretariat to address serious concerns
over the continuously deteriorating
conservation status of the saiga
antelope. This document reports on the
progress in accomplishing these
decisions over the past 3 years, and
recommends additional draft decisions
to the Parties to ensure the continued
conservation of saiga antelope. The
saiga antelope was listed in Appendix II
in 1995. The most significant threat to
the species is illegal hunting, primarily
for the Asian traditional medicine trade.
In the document, the Secretariat notes
that anti-poaching efforts have
intensified in some parts of the saiga’s
range, and should be extended to its
entire range. We wish to underscore the
significance of this statement, because
poaching continues to impact
conservation efforts to restore the saiga
population, which decreased from one
million to 30,000 animals in the 1990s.
According to the Secretariat’s
document, the Russian Federation is the
only range country that has not signed
the Memorandum of Understanding
(MoU) for the Conservation, Restoration
and Sustainable Use of the Saiga
Antelope (Saiga tatarica tatarica). The
MoU contains a Saiga Action Plan that
calls for measures to restore the habitat
and populations of the saiga antelope,
and enhance transboundary and
international cooperation through, inter
alia, a regional conservation and
management strategy. Therefore, the
Secretariat recommends that the
Russian Federation sign the MoU as
soon as possible. The United States has
provided financial support for the
conservation and protection of the saiga
antelope in the wild and for the range
States workshop on this species in May
2002 in Kalmykia. We support the
Secretariat’s recommendations and plan
to suggest the inclusion of saiga
antelope on the agenda of the Standing
Committee meetings between CoP14
and CoP15.
57. Tortoises and freshwater turtles
(Doc. 57). Tentative U.S. negotiating
position: Undecided. The United States
has been involved in developing CITES
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
listing proposals and policy advice on
the trade in tortoises and turtles for a
number of years. While we generally do
not have an objection to the
amendments suggested by the
Secretariat—provided they are endorsed
by consensus by the Asian range and
trading States—we are concerned that
the CITES Parties have not paid
sufficient attention to these trade
problems after listing a number of Asian
turtle species in Appendix II at CoPs 12
and 13. Due to the continuing and
evolving trade in these species in Asia,
including farming practices that may
negatively impact wild populations, the
United States believes that additional
study and discussion of these problems
is needed, and we plan to introduce this
point at CoP14.
58. Hawksbill turtle (Doc. 58).
Tentative U.S. negotiating position:
Support. We agree with the Secretariat
that no further action is needed. No
funding was found for the convening of
a workshop to develop a collaborative
regional strategy for the conservation of
hawksbill sea turtles, perhaps because it
is regulation of international trade and
not management that is the main
responsibility of CITES. However, the
Inter-American Convention for the
Protection and Conservation of Sea
Turtles, at its last meeting passed a
resolution calling for a workshop to
evaluate the current status of hawksbill
sea turtle populations in the Wider
Caribbean and Western Atlantic, and to
present the best available methods of
research and conservation for the
species. The United States will
announce its support for the IAC
workshop and recommend that CITES
collaborate with this and other relevant
bodies concerning this species such as
the Caribbean Environment Program.
59. Sharks
59.1 Report of the Animals
Committee (Doc. 59.1). Tentative U.S.
negotiating position: Support with
exception. The report contains: (1) A
review of implementation issues related
to sharks listed in the CITES
Appendices, to provide assistance to
Parties in managing the species covered
by the Convention; (2) information on
specific cases where trade is having an
adverse impact on sharks and the key
species of sharks affected in this way;
and (3) a listing and analysis of those
species that are specifically threatened
by trade. The proposal contains a large
number of wide-ranging decisions and
recommendations. As indicated by the
Secretariat, at CoP14 a working group
will review and edit the draft decisions;
prioritize and rationalize the proposed
measures; minimize overlapping
instructions; look into reducing and
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
simplifying the reporting burden; and
assess the cost of implementing the draft
decisions. The United States will work
to ensure that this work is completed.
59.2 Additional conservation
measures (Doc. 59.2; Australia).
Tentative U.S. negotiating position:
Support. This document states that,
while the report from the Animals
Committee to this meeting of the
Conference of the Parties contains a
number of useful suggestions for
consideration to protect and conserve
sharks, additional measures should be
considered under the agenda item
addressing sharks. These measures
include: (1) That countries with
National Plans of Action (NPOA–
Sharks) strongly encourage the
remaining shark-fishing countries to
develop and implement NPOA–Sharks;
(2) that regional fishing management
organizations implement regional plans
of action; and (3) that Parties greatly
improve their data collection and
reporting. The United States is one of
the 16 countries that have implemented
a NPOA–Sharks and is a lead country
for promoting the sustainable use of
shark resources.
59.3 Trade measures regarding the
porbeagle Lamna nasus and the spiny
dogfish Squalus acanthias (Doc. 59.3;
Germany, on behalf of the European
Community Member States). Tentative
U.S. negotiating position: Undecided.
This document will be considered if
proposals for listing porbeagle and
spiny dogfish in Appendix II are
adopted. The document contains a draft
decision that, if adopted, would direct
the Animals Committee, in consultation
with the FAO and other relevant
experts, to examine trade in porbeagles
and spiny dogfish and report at the 16th
meeting of the Conference of the Parties.
The Secretariat believes Resolution
Conf. 12.6 on Conservation and
Management of Sharks already directs
the Animals Committee to make
species-specific recommendations to the
Conference of the Parties, if necessary,
on improving the conservation status of
sharks and the regulation of
international trade in these species.
FAO has been present at each of the
recent meetings of the Animals
Committee and has assisted the
Committee in discussions on marine
fish species, including sharks.
60. Sturgeons and Paddlefish
60.1 Report of the Secretariat (Doc.
60.1). Tentative U.S. negotiating
position: No position is necessary; the
CoP is asked to note the report. This
document was prepared by the
Secretariat to report on progress made in
developing a trade database for sturgeon
specimens subject to annual quotas
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
30617
(Decisions 13.44–13.47) and other
activities related to sturgeon
conservation.
60.2 Amendment of Resolution
Conf. 12.7 (Rev. CoP13)
60.2.1 Proposal of the Standing
Committee’s Working Group on
Sturgeons (Doc. 60.2.1; Islamic Republic
of Iran). Tentative U.S. negotiating
position: Support some provisions;
oppose others. Two documents (CoP14
Doc. 60.2.1 and CoP14 Doc. 60.2.2)
contain proposed amendments to the
resolution on conservation and trade of
sturgeons and paddlefish (Resolution
Conf. 12.7 (Rev. CoP13)) and should be
considered together. Document CoP14
Doc. 60.2.1 was submitted by the
Islamic Republic of Iran, on behalf of
the Standing Committee’s working
group on sturgeons, and Document
CoP14 Doc. 60.2.2 was submitted by the
Russian Federation. We fully support
some of the changes proposed,
including a reduction of the personal
effects exemption for caviar from 250g
to 125g, but we have serious concerns
about others, including the proposed
extension of the timeframe established
at CoP13 for export of caviar from
shared stocks. The United States has
participated in past working groups on
this issue, including the group
established at SC54. Document CoP14
Doc. 60.2.1 includes text that was not
agreed to by the working group and will
require further discussion at the CoP.
We expect that a working group will be
established at CoP14, and we plan to
continue to participate fully on this
important issue. We will develop a final
position based on the outcome of
discussions at CoP14.
60.2.2 Proposal of the Russian
Federation (Doc. 60.2.2). Tentative U.S.
negotiating position: See discussion on
Document CoP14 Doc. 60.2.1 above.
61. Toothfish: report of CCAMLR
(Doc. 61). Tentative U.S. negotiating
position: Support. At CoP12, the Parties
adopted Resolution Conf. 12.4,
Cooperation between CITES and the
Commission for the Conservation of
Antarctic Marine Living Resources
(CCAMLR) regarding trade in toothfish,
that encouraged CCAMLR to ‘‘maintain
a permanent flow of information’’ to
CITES through the Conference of the
Parties. Document CoP14 Doc. 61 is
CCAMLR’s report to the CoP and
contains four recommendations for the
Conference of the Parties to: (1) request
four particular CITES Parties that are
either involved in illegal, unregulated,
and unreported (IUU) fishing for
toothfish or engaged in toothfish trade
without having fully implemented
CCAMLR conservation measures to
report their position regarding
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30618
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
implementing Resolution Conf. 12.4 for
consideration at the next CCAMLR
annual meeting; (2) notify CITES Parties
whose fishing vessels are engaged in
IUU fishing for toothfish that their
actions seriously undermine the
objectives of CCAMLR; and (3) reinforce
the provision of Resolution Conf. 12.4
that recommends that CITES Parties that
capture or trade in toothfish adhere to
CCAMLR if they have not already done
so and, in any case, cooperate
voluntarily with its conservation
measures, particularly the catch
documentation scheme (CDS).
The United States recognizes the
threat that IUU fishing poses to
toothfish populations and fully supports
adoption of CCAMLR conservation
measures by all countries involved in
the toothfish trade. We renew our full
endorsement and strong support of the
fundamental principles and language
adopted in Resolution Conf. 12.4 in
2002.
62. Sea cucumbers (Doc. 62).
Tentative U.S. negotiating position:
Support. This document fulfills the
decision of the last CoP, that the
Animals Committee should prepare, for
consideration at the 14th meeting of the
Conference of the Parties, a discussion
paper on the biological and trade status
of sea cucumbers to provide scientific
guidance on the actions needed to
secure their conservation status. The
United States has actively participated
in this process and will continue to do
so.
63. Trade in traditional medicines
(Doc. 63; Australia). Tentative U.S.
negotiating position: Support. In its
document, Australia recommends a
number of revisions to Resolution Conf.
10.19 (Rev. CoP12) (Traditional
medicines), primarily aimed at
encouraging Parties to pursue the
development and use of alternative
ingredients in traditional medicines as a
preferred alternative to breeding
Appendix-I species in captivity for
commercial purposes. The United States
shares Australia’s concerns regarding
the potential for creating or increasing
demand for wild Appendix-I species by
using captive-bred specimens in
traditional medicines.
64. Bigleaf mahogany: Report of the
Working Group (Doc. 64). Tentative U.S.
negotiating position: Support. In
Document CoP14 Doc. 64, prepared by
the Chairman of the Plants Committee
with the assistance of the Chairman of
the Bigleaf Mahogany Working Group
(BMWG), the Plants Committee
recommends adoption of a number of
new draft decisions related to the
continuation of the BMWG under the
Plants Committee and the interpretation
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
of the annotations for tree species listed
in the Appendices. Additionally, the
Plants Committee recommends a draft
decision directed to the Plants
Committee that it review at its 17th
meeting (anticipated to be held in April
2008) range State reports on
implementation of the CITES listing for
bigleaf mahogany and consider whether
there is a need to include the species in
the Review of Significant Trade. The
United States supports the continuation
of the BMWG under the Plants
Committee, but believes that, if by the
17th meeting of the Plants Committee
(PC17), sufficient progress has not been
made in improving the regulation of
trade, the species should be included in
the Review of Significant Trade as a
matter of urgency.
65. Report of the Central Africa
Bushmeat Working Group (Doc. 65).
Tentative U.S. negotiating position:
Support. Document CoP14 Doc. 65
presents the Coordinator’s report of the
Central Africa Bushmeat Working Group
in fulfillment of Decision 13.102 on
progress in implementing national
action plans relating to the trade in
bushmeat and other initiatives regarding
this issue. The United States has
supported the work of the Working
Group since its inception and applauds
the progress the group has made in
supporting the development of national
strategies and action plans to combat
international commercial bushmeat
trade.
Amendment of the Appendices
66. Periodic review of the Appendices
(Doc. 66). Tentative U.S. negotiating
position: Support. The Review of the
Appendices is an activity conducted by
the Animals and Plants Committees to
ensure that the CITES Appendices
continue to accurately reflect the
biological and trade status of species
included in the Appendices. This
document recounts efforts by the
Animals and Plants Committees, with
the involvement of the Standing
Committee, to establish an objective and
efficient process for selecting species for
review. Although the two technical
committees, through a working group,
developed a ‘‘rapid assessment’’
technique for selecting species for
review, this procedure was
subsequently determined to not be
practicable for selecting a workable list
of species for review. The Animals and
Plants Committees have suggested that
further work is needed to develop a
process for selecting species for review,
and are proposing that the work done
thus far should be used as a starting
point for further refining and finalizing
these efforts.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
68. Proposals to Amend Appendices I
and II (Doc. 68)
Prop. 1. Transfer of Nycticebus spp.
from Appendix II to Appendix I.
Proposed by Cambodia. Tentative U.S.
negotiating position: Support. Slow
lorises (Nycticebus spp.) are prosimians,
an ancient group of primates. The genus
is widely distributed in at least 14 South
and Southeast Asian countries. Largescale deforestation has reduced the
habitat for Nycticebus species, and thus
it can be inferred that the genus has
undergone a reduction in overall
population numbers. In September
2006, the IUCN/SSC Primate Specialist
Group revised its classification of
Nycticebus species based on the IUCN
Red List criteria and recommended that
all species now be considered
Vulnerable or Endangered. Recent
scientific studies have also revealed that
the genus Nycticebus contains more
species than previously thought, and
consequently, the individual species
may consist of smaller populations. All
species of Nycticebus have a low
reproductive rate, making them
particularly vulnerable to exploitation.
Therefore, it seems that the biological
criteria are met for listing in Appendix
I according to Resolution Conf. 9.24
(Rev. CoP13). The proposal also
demonstrates that international trade in
species of Nycticebus has been, and still
is taking place, primarily for medicinal
purposes and for use as pets. Although
official figures for legal trade are
relatively low, much of the trade is
illegal, as evidenced by the number of
seizures taking place, indicating that the
real trade volume is likely to be much
higher.
Prop. 3. Transfer the Ugandan
population of leopard (Panthera pardus)
from Appendix I to Appendix II with an
annotation that trade is to be allowed for
the exclusive purpose of sport hunting
for trophies and skins for personal use,
to be exported as personal effects; and
with an annual export quota of 50
leopards for the whole country.
Proposed by Uganda. Tentative U.S.
negotiating position: Oppose transfer to
Appendix II; oppose the proposed
export quota of 50 leopards per year.
The proposal cites both Resolution
Conf. 10.14 (Rev. CoP13) and Resolution
Conf. 9.24 (Rev. CoP13) for the approval
of an annual export quota of 50
leopards. The proposal is not written in
accordance with the format for
proposals to amend the Appendices as
per Annex 6 to Resolution Conf. 9.24
(Rev. CoP13). As a result, it does not
demonstrate that the population in
Uganda no longer meets the biological
criteria for inclusion in Appendix I or
which precautionary measure will be in
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
place. The CITES Secretariat has
suggested that Uganda request
consideration of this proposal under
agenda item 37 (Appendix-I species
subject to export quotas) rather than
item 68 (Proposals to amend the
Appendices).
Uganda asserts that the proposed
export quota of 50 leopards per year is
a precautionary figure that will account
for both animal control and sport
hunting. The United States, as reflected
in the document we submitted for
CoP12 on establishing scientifically
based quotas and in accordance with
Resolution Conf. 9.21 (Rev. CoP13),
which calls for establishment of a
scientific basis for proposed quotas, is
keen to ensure that annual export quotas
are established on strong biological data.
Although a quota of 50 is considered by
Uganda as precautionary, the proposal
does not provide any supporting
biological information for this figure.
Therefore, it cannot be determined
whether the population can be
sustained under the proposed quota
figure.
Prop. 4. Maintenance of the African
elephant (Loxodonta africana)
populations of Botswana, Namibia,
South Africa, and Zimbabwe in
Appendix II in terms of Article II,
paragraph 2(b), with the replacement of
all existing annotations with
annotations on trade, export quotas, and
proceeds regarding raw ivory. Proposed
by Botswana and Namibia. Tentative
U.S. negotiating position: Undecided.
The proposal would maintain the
populations of Botswana, Namibia,
South Africa, and Zimbabwe in
Appendix II with changes to the
annotations. The annotations would be
replaced to allow the establishment of
annual export quotas for trade in raw
ivory. The ivory would be sold to
trading partners that have been certified
by the Secretariat, in consultation with
the Standing Committee, and the
income from the trade in raw ivory
would be used exclusively for elephant
conservation and community
development programs. The United
States will formulate its position based
on the results of the African elephant
range states dialogue meeting and
reports expected at SC55 and CoP14.
Prop. 5. Amendment of the annotation
of the African elephant (Loxodonta
africana) populations of Botswana.
Proposed by Botswana. Tentative U.S.
negotiating position: Undecided. This
proposal would amend the annotation
for Botswana’s elephant population
from the live animal trade condition
‘‘for in situ conservation programs’’ only
to ‘‘for commercial purposes.’’ ‘‘Trade in
leather goods’’ would be changed from
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
‘‘non-commercial’’ to ‘‘commercial’’
purposes (as is the case for Namibia and
South Africa). Trade in registered raw
ivory could only come from registered
government-owned stocks originating in
Botswana and subject to the conditions
of Resolution Conf. 10.10 (Rev. CoP12)
concerning domestic manufacturing and
trade. A maximum of 40 metric tons of
ivory could be traded and exported in
a single shipment under strict
supervision of the Secretariat. The
income of the trade would be used
exclusively for elephant conservation
and community conservation and
development programs within or
adjacent to the elephant range. The
proposed annotation would allow an
immediate ‘‘one-off’’ sale and annual
sales of up to 8 metric tons of registered
stocks of raw ivory for commercial
purposes. The United States will
formulate its position based on the
results of the African elephant range
states dialogue meeting and reports
expected at SC55 and CoP14.
Prop. 6. Amendment of the annotation
of the African elephant (Loxodonta
africana) populations of Botswana,
Namibia, and South Africa. Proposed by
Kenya and Mali. Tentative U.S.
negotiating position: Undecided. This
proposal would amend the annotations
of the populations of Botswana,
Namibia, and South Africa to prohibit
trade in raw or worked ivory for 20
years, except for hunting trophies for
non-commercial purposes, the one-off
sale agreed upon at CoP12, and
Namibian ekipas (ivory trinkets) for
non-commercial purposes. It also
revokes Zimbabwe’s annotation to sell
ivory carvings for non-commercial
purposes. The United States will
formulate its position based on the
results of the African Elephant Range
State Dialogue meeting and reports
expected at SC55 and CoP14.
Prop. 8. Amendment of the annotation
˜
of the vicuna (Vicugna vicugna)
population of Bolivia for the exclusive
purpose of allowing international trade
˜
in wool sheared from live vicunas, and
in cloth and items made thereof,
including luxury handicrafts and
knitted articles. Proposed by Bolivia.
Tentative U.S. negotiating position:
Undecided. In February 2003, Bolivia
˜
listed its vicuna population in
Appendix II for wool and products
derived from sheared live animals of the
populations of the Conservation Units of
Mauri-Desaguadero, Ulla Ulla, and
´
Lıpez-Chichas; and wool products made
from sheared live animals of the rest of
the population of Bolivia. This proposal
would amend the annotation to include
˜
the entire Bolivian vicuna population
for wool and products. The rest of the
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
30619
annotation remains unchanged.
Although the wild population is
increasing, we would like an
explanation for the decrease in the
´
population of Lıpez-Chichas of over
2,000 specimens between 2002 and
2004.
Prop. 9. Inclusion of Barbary red deer
(Cervus elaphus barbarus) in Appendix
I. Proposed by Algeria. Tentative U.S.
negotiating position: Oppose. The
Barbary red deer is considered a
subspecies of red deer (Cervus elaphus)
and is confined to Tunisia, Algeria, and
a reintroduced population in Morocco.
However, recent genetic analysis has
indicated that these populations in
North Africa are virtually
indistinguishable from C. elaphus
corsicanus in Sardinia, Italy, and the
reintroduced population in Corsica,
France. One assessment considers all
these populations to belong to a separate
species, Cervus corsicanus. The Barbary
red deer has been included in Appendix
III at the request of Tunisia since 1976.
The subspecies was assessed as ‘‘Lower
risk/near threatened’’ by IUCN in 1996.
The wild population is reported to have
decreased historically, and appears to
have a restricted area of distribution.
However, it is unclear if the biological
criteria are met due to the uncertainty
of its taxonomy. According to the
proposal, there is no national
utilization, no legal or illegal trade, and
no actual or potential trade impacts.
Therefore, the trade criteria for an
Appendix-I listing are not met. Threats
are reported to include poaching and
forest fires; listing in Appendix I is not
likely to benefit the conservation of this
species.
Prop. 10. Inclusion of Cuvier’s gazelle
(Gazella cuvieri) in Appendix I.
Proposed by Algeria. Tentative U.S.
negotiating position: Oppose. The
Cuvier’s gazelle is distributed in
Algeria, Morocco, and Tunisia in small
scattered populations. The species has
been included in Appendix III at the
request of Tunisia since 1976. The
species was assessed by IUCN as
‘‘Endangered’’ in 1996, on the basis that
the population numbered below 2,500
mature individuals and was declining.
In 2005–2006, the Algerian population
was estimated at 500 individuals, and
populations were reported to be stable.
According to the proposal, there is no
national utilization, no legal or illegal
trade, and no actual or potential trade
impacts. Therefore, the trade criteria for
an Appendix-I listing are not met.
Threats are reported to include
poaching and forest fires; listing in
Appendix I is not likely to benefit the
conservation of this species.
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30620
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
Prop. 11. Inclusion of Dorcas gazelle
(Gazella dorcas) in Appendix I.
Proposed by Algeria. Tentative U.S.
negotiating position: Oppose. The
Dorcas gazelle has a patchy distribution
in at least 19 countries in the arid and
sub-arid zones of the Sahelo-Saharan
region and in the Near East. The species
has been included in Appendix III of
CITES at the request of Tunisia since
1976. According to the proposal, the
species’ population in the wild has
declined significantly, perhaps by 50%
within the past half-century, due to
hunting with motorized vehicles and, to
a lesser extent, degradation and
disappearance of habitat. The species
was assessed as ‘‘Vulnerable’’ by IUCN
in 2000, and is included in Appendix I
of the Convention on Migratory Species
(CMS). The species does not appear to
meet the biological criteria for inclusion
in Appendix I, because there is no
indication that the species’ range is
restricted in extent or that the overall
population is small. The proposal does
not provide any information on trade,
and although the CITES trade database
shows very low levels of international
trade, it is mainly in live specimens,
and to a lesser extent body parts and
trophies. Therefore, the trade criteria for
an Appendix-I listing are not met.
Threats are reported to include
poaching and overgrazing by cattle.
Listing in Appendix I is not likely to
benefit the conservation of this species.
Prop. 12. Inclusion of slender-horned
gazelle (Gazella leptoceros) in Appendix
I. Proposed by Algeria. Tentative U.S.
negotiating position: Support. The
slender-horned gazelle is distributed
across eight or nine countries in
northern Africa. The species has been
included in Appendix III of CITES at the
request of Tunisia since 1976. The
species was assessed as ‘‘Endangered’’
by IUCN in 1996 and appears to meet
the biological criteria for an AppendixI listing. According to the proposal,
threats to the species include motorized
hunting and degradation of vegetation.
International trade in trophies does
occur, but is not well documented.
From a precautionary standpoint this
species merits inclusion in Appendix I.
Prop. 13. Transfer of the Brazilian
population of black caiman
(Melanosuchus niger) from Appendix I
to Appendix II. Proposed by Brazil.
Tentative U.S. negotiating position:
Undecided. Brazil submitted this
proposal to transfer its population from
Appendix I to Appendix II. The
population in Brazil comprises
approximately 80% of the species’
range, is estimated to comprise 16
million individuals, and is increasing.
Brazil proposes to harvest 695
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
specimens per year in the Mamirau?
Sustainable Development Reserve. In
subsequent years, a harvest quota of 5–
7% of the non-hatchling wild
population (primarily juvenile males)
would be in place throughout Brazil. We
have some concerns about the adequacy
of safeguards against illegal harvest,
uncontrolled exports from Brazil, and
possible effects on the species in
adjacent range countries. We would also
like to hear the opinions of the other
range States (Bolivia, Colombia,
Ecuador, Guyana, Peru, and Suriname).
We note that this species is currently
listed as endangered under the
Endangered Species Act, and as such,
even if the proposal is adopted, the
import of specimens into the United
States for commercial purposes would
remain prohibited.
Prop. 14. Transfer Guatemalan beaded
lizard (Heloderma horridum
charlesbogerti) from Appendix II to
Appendix I. Proposed by Guatemala.
Tentative U.S. negotiating position:
Support. The Guatemalan beaded lizard
is one of four subspecies of beaded
lizard, a large venomous species native
to Mexico and Guatemala. The
Guatemalan beaded lizard is endemic to
the Motagua Valley in eastern
Guatemala and is considered to be one
of the most endangered animals in the
world. This subspecies was formally
described in 1988, a decade later
thought to be extinct in the wild, and
then re-discovered in 2002. There are an
estimated 170–250 individuals of this
subspecies; it is believed to have
declined based on the difficulty of
locating individuals compared to the
1980s. The major threats to the
Guatemalan beaded lizard are habitat
destruction, over-collection for local
and foreign use, persecution by locals,
and effects of hurricanes. Collection and
trade in this subspecies are illegal in
Guatemala. However, illegal domestic
and international trade occur due to the
high demand for the subspecies by
collectors. Even a small level of trade in
this subspecies is significant due to its
extremely low population numbers.
Resolution Conf. 9.24 (Rev. CoP13)
states that split-listing a species should
generally be avoided due to the
potential enforcement problems it
creates, and it states that taxonomic
listings below the species level should
be avoided unless the taxon in question
is highly distinctive and the use of the
name would not give rise to
enforcement problems. Consultations
with experts have revealed that
specimens of this subspecies from one
year of age to adulthood can be
distinguished from other subspecies.
Potential identification difficulties of
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
very young animals should not be an
issue of concern because only adult
specimens have been found in the wild.
This subspecies meets the biological
and trade criteria for an Appendix-I
listing, and prevention of any level of
trade in wild specimens of this critically
endangered subspecies would
contribute significantly to its
conservation.
Prop. 15. Inclusion of porbeagle
(Lamna nasus) in Appendix II with
entry into effect of the inclusion to be
delayed by 18 months to enable Parties
to resolve the related technical and
administrative issues. Proposed by
Germany, on behalf of the European
Community Member States. Tentative
U.S. negotiating position: Undecided.
The proponent has cited that the
species’ life history, vulnerability to
overexploitation, inadequate fisheries
management, and overfishing as
supporting reasons for the proposal.
There is not sufficient data in the
proposal to support the statement that
international trade is one of the driving
factors in this species’ overfished status
or a factor that could prohibit
populations from rebounding. Both the
United States and Canada are actively
managing the species to reduce fishing
pressure. It is also not clear whether it
is possible (efficient and enforceable) to
distinguish porbeagle sharks from other
species of sharks in trade. The Fish and
Wildlife Service (Service) and the
National Marine Fisheries Service
(NMFS) are studying the proposal and
consulting with other Parties to develop
the U.S. position.
Prop. 16. Inclusion of spiny dogfish
(Squalus acanthias) in Appendix II with
entry into effect of the inclusion to be
delayed by 18 months to enable Parties
to resolve the related technical and
administrative issues. Proposed by
Germany, on behalf of the European
Community Member States. Tentative
U.S. negotiating position: Undecided.
The proponent has cited that the
species’ life history, vulnerability to
overexploitation, inadequate fisheries
management, and overfishing as
supporting reasons for the proposal. The
proposal calls for the listing of the
species throughout its range. The
Northeast Atlantic stock has suffered a
large decline, but a number of other
global stocks are currently stable. There
are currently both Federal and interstate
fishery management plans for spiny
dogfish in the United States. The
proponent also indicates that
population declines in several Northern
Hemisphere stocks, combined with high
market demand, are driving fishing
pressure on other stocks that are now
beginning to supply international
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
markets. The proposal contains little
information to support this observation.
The Service and NMFS are studying the
proposal and consulting with other
Parties to develop the U.S. position.
Prop. 18. Inclusion of European eel
(Anguilla anguilla) in Appendix II.
Proposed by Germany, on behalf of the
European Community Member States.
Tentative U.S. negotiating position:
Undecided. The European eel occurs in
coastal areas and freshwater ecosystems
in Europe, northern Africa, and the
Mediterranean parts of Asia. The
proponent has cited that the species’
complex life history in combination
with heavy exploitation in all of its life
stages and high fishing mortality, along
with habitat loss, pollution, climate
change affecting ocean currents, and
damming of rivers, as factors that have
resulted in sharp population declines.
Poaching and illegal trade in European
eels is also a concern. However, because
the fishery is small in scale and
specialized, bycatch of the species is not
considered a threat to the species.
Although there are various regional
management measures in place, there is
no regulatory protection mechanism in
place to regulate international trade in
the European eel. Due to historical and
recent declines, as measured from
harvest data (e.g., an average 95–99%
decline in harvest in 19 rivers in 12
countries), the species appears to meet
the criteria in Resolution Conf. 9.24
(Rev. CoP13) for inclusion in Appendix
II. However, the similarity of
appearance between this species and
other eels in the genus Anguilla,
including the American eel (A. rostrata),
which is also in international trade,
presents implementation and
enforcement difficulties for such a
listing.
Prop. 20. Inclusion of Brazilian
populations of spiny lobster (Panulirus
argus and P. laevicauda) in Appendix
II. Proposed by Brazil. Tentative U.S.
negotiating position: Oppose. The
proponent states that the status of these
species in Brazilian waters is severely
overfished and that overfishing is still
occurring mainly due to take of
undersized animals. The United States
feels strongly that, as the world’s largest
importer of Brazil’s spiny lobsters, we
should make every effort to support
Brazil for its efforts to conserve and
manage spiny lobster in their waters.
However, this proposal is not
supportable because it would result in
a split-listing of the species that would
not be enforceable. Enforcement
authorities in importing countries
would not be able to determine whether
spiny lobsters entering their countries
were coming from Brazil, and thus
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
required to be accompanied by CITES
export permits, or whether they had
originated elsewhere. Inclusion of these
species in Appendix III throughout their
ranges would provide greater
conservation benefit and would track
the species throughout the Wider
Caribbean. The Service and NMFS are
consulting bilaterally with the
Government of Brazil and multilaterally
with other governments in the region to
consider additional tools for the
conservation of spiny lobster
populations.
Prop. 24. Deletion of leaf-bearing cacti
in the genera Pereskia and Quiabentia
from Appendix II. Proposed by
Argentina. Tentative U.S. negotiating
position: Undecided. This proposal
would remove all species of these leafbearing cacti from Appendix II. For
some of these species, whose status in
the wild is unclear, we are concerned
about the impact that unregulated trade
may have on these species.
Prop. 25. Deletion of leaf-bearing cacti
in the genus Pereskiopsis from
Appendix II. Proposed by Mexico.
Tentative U.S. negotiating position:
Support. This proposal would remove
Pereskiopsis spp. from Appendix II. We
have evaluated this proposal and
discussed it directly with the Mexican
CITES authorities, and have determined
that the removal of this genus from
Appendix II should not result in the
unsustainable use of these species for
trade or enforcement difficulties for
regulating trade in other species due to
similarity of appearance.
Prop. 26. Merging and amendment of
annotations #1, #4 and #8 for cacti
(Cactaceae spp. (#4)) and orchids
(Orchidaceae spp. (#8)) in Appendix II,
and all taxa annotated with annotation
#1. Proposed by Switzerland. Tentative
U.S. negotiating position: Oppose. This
proposal was produced outside the
process that was established by the
Plants Committee, at the direction of the
Parties, to streamline the annotations for
CITES-listed medicinal plants. The
proposed language broadens the
exemptions as well as the taxa
exempted, while providing little
information on the impact of
unregulated trade on the species. In
particular, we note that inclusion of
provisions to exempt leaves did not
receive support from the Plants
Committee when discussed at its 15th
meeting (PC15), and the proposed
provision to exempt herbarium
specimens has been previously rejected
by the Parties as not being consistent
with the terms of the Convention.
Prop. 27. Amendment of the
annotations to Adonis vernalis,
Guaiacum species, Hydrastis
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
30621
canadensis, Nardostachys grandiflora,
Panax ginseng, Panax quinquefolius,
Picrorhiza kurrooa, Podophyllum
hexandrum, Pterocarpus santalinus,
Rauvolfia serpentina, Taxus chinensis,
T. fuana, T. cuspidata, T. sumatrana,
and T. wallichiana, Orchidaceae species
in Appendix II, and all Appendix-II and
-III taxa annotated with annotation #1.
Proposed by Switzerland as the
Depositary Government, at the request
of the Plants Committee. Tentative U.S.
negotiating position: Support. This
document was produced by consensus
of the Medicinal Plant Annotations
Working Group (MPAWG) in
consultation with the Plants Committee,
under the direction of the Conference of
the Parties, to assess the effectiveness of
and streamline the annotations for
CITES-listed medicinal plants (CoP13:
Decisions 13.50–13.52). The proposal
clarifies terms and tracks currently
exempted material believed to be in
trade, without expanding upon the
exemptions for species.
Prop. 29. Amendment of the
annotation to Euphorbia species.
Proposed by Switzerland. Tentative U.S.
negotiating position: Oppose. As
currently written, the annotation is
difficult to understand and may provide
the opportunity to exclude wildcollected specimens from CITES
controls.
Prop. 30. Inclusion of pernambuco
(Caesalpinia echinata) in Appendix II,
including all parts and derivatives.
Proposed by Brazil. Tentative U.S.
negotiating position: Support on the
condition that the proposal will be
amended at the CoP to exempt a limited
quantity of manufactured musical bows
for personal use (e.g., by professional
musicians), or something similar.
Pernambuco is the primary wood used
to make fine bows for stringed musical
instruments, for which there is no other
comparable wood substitute.
Pernambuco is a slow-growing
tropical tree restricted to the Atlantic
Coastal Forest of Brazil. Since 1992, the
species has been listed as threatened in
Brazil, and is categorized as endangered
by the IUCN. Although Brazil has strict
national controls in place that regulate
the use of this species, the species and
its Atlantic Forest habitat remain poorly
protected, and enforcement of
environmental laws is constrained by
the availability of financial and human
resources. Conservationists, and bow
makers and musicians worldwide are
concerned about the conservation and
sustainable use of existing stocks of
pernambuco. Several entities (e.g., the
International Pernambuco Conservation
Initiative) are actively working in Brazil
E:\FR\FM\01JNN1.SGM
01JNN1
hsrobinson on PROD1PC76 with NOTICES
30622
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
to promote conservation and
reforestation of pernambuco.
The listing of pernambuco in
Appendix II would support the efforts
undertaken by the Brazilian
Government to ensure that trade is both
legal and sustainable by requiring
specimens in trade to have CITES
permits. However, given the number of
existing bows worldwide, a listing of the
species that includes all parts and
derivatives may be overly burdensome
on traveling musicians without
providing substantial conservation
benefit. We will work with Brazil and
other Parties on this proposal to
promote the conservation of this species
while avoiding unnecessary constraints
on products already in trade.
Prop. 31. Inclusion of rosewood or
cocobola (Dalbergia retusa) in Appendix
II, and D. granadillo for look-alike
reasons. Proposed by Germany, on
behalf of the European Community
Member States. Tentative U.S.
negotiating position: Undecided.
Dalbergia retusa is a slow-growing tree
of tropical dry forests from Mexico to
Panama; D. granadillo occurs in El
Salvador and Mexico. Dalbergia retusa
has been extensively harvested, and
some areas are reported to be
commercially exhausted. The United
States imports rosewood, which is used
primarily for the production of musical
instruments. We are evaluating this
proposal to determine if it meets the
requirements for inclusion in Appendix
II. The positions of range countries on
this proposal are critical to the
development of our position, and
therefore, we are currently consulting
with them on this proposal to determine
how we can best work cooperatively for
the conservation and sustainable use of
this species.
Prop. 32. Inclusion of Honduras
rosewood (Dalbergia stevensonii) in
Appendix II. Proposed by Germany, on
behalf of the European Community
Member States. Tentative U.S.
negotiating position: Undecided.
Honduran rosewood is restricted to
swamp forests of southern Belize,
northern Guatemala, and southeastern
Mexico. The United States imports
rosewood, which is used primarily for
the production of musical instruments.
We are evaluating this proposal to
determine if it meets the requirements
for inclusion in Appendix II. The
positions of range countries on this
proposal are critical to the development
of our position, and therefore, we are
currently consulting with them on this
proposal to determine how we can best
work cooperatively for the conservation
and sustainable use of this species.
VerDate Aug<31>2005
18:10 May 31, 2007
Jkt 211001
Prop. 33. Inclusion of the genus
Cedrela in Appendix II. Proposed by
Germany, on behalf of the European
Community Member States. Tentative
U.S. negotiating position: Undecided.
The proposal would include Spanish
cedar (C. odorata), and all other species
in the genus Cedrela (an estimated six
species) for look-alike reasons, in
Appendix II. Spanish cedar is a wideranging species of lowland forests in the
Caribbean Islands, Central America,
Mexico, and South America. In 2001,
Colombia and Peru included their
populations of Spanish cedar in
Appendix III, with annotation #5, which
designates logs, sawn wood and veneer
sheets. Since this listing, exports of
Spanish cedar from Peru to the United
States have increased. We are consulting
with the range countries to clarify the
support for, and the anticipated effects
of, this proposal. We will work with
range countries and other Parties on this
proposal to promote sustainable forest
management and conservation of this
species.
Prop. 34. Amendment of the
annotation to exempt certain artificially
propagated hybrids of Orchidaceae
(interspecific and intergeneric hybrids
of Cymbidium, Dendrobium, Miltonia,
Odontoglossum, Oncidium,
Phalaenopsis and Vanda) included in
Appendix II. Proposed by Switzerland.
Tentative U.S. negotiating position:
Oppose. This proposal would merge
existing taxon-specific exemptions on
the Orchidaceae family, but more
importantly would broaden exemptions
for artificially propagated hybrids to
include the genera Miltonia,
Odontoglossum, and Oncidium. There
are concerns that the exemption of New
World genera would create enforcement
problems for range countries, a
sentiment that was previously raised at
CoP12 and CoP13.
Prop. 35. Amendment of the
annotation to exempt certain artificially
propagated hybrids of Orchidaceae
(interspecific and intergeneric hybrids
of Cymbidium, Dendrobium,
Phalaenopsis, and Vanda) included in
Appendix II. Proposed by Switzerland
as the Depositary Government, at the
request of the Plants Committee.
Tentative U.S. negotiating position:
Support. This proposal would replace
confusing language in the existing
taxon-specific orchid hybrid exemptions
(referred to as footnote 8) with language
proposed and agreed upon by consensus
of the Plants Committee.
Prop. 37. Deletion of the current
annotation for Taxus chinensis, T.
fuana, and T. sumatrana, and adoption
of a new annotation for T. cuspidata in
Appendix II. Proposed by Switzerland,
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
as Depositary Government, at the
request of the Standing Committee.
Tentative U.S. negotiating position:
Support Part A; oppose Part B of the
proposal. The adoption of Part A of this
proposal would delete the annotation to
exempt labeled, potted artificially
propagated plants of T. chinensis, T.
fuana, and T. sumatrana from CITES
regulations. Adoption of Part B would
add a new annotation to the listing of T.
cuspidata to exempt labeled, potted
artificially propagated plants of hybrids
and cultivars of the species from CITES
regulations. This proposal seeks to
rectify the adoption of an annotation at
CoP13 for these taxa, which was
subsequently determined to contravene
the provisions of the Convention.
However, it is the opinion of the United
States that this proposal is similarly
flawed in that it allows an exemption
for whole plants or artificially
propagated hybrids and cultivars of T.
cuspidata, but does not exempt readily
recognizable parts and derivatives.
Conclusion of the Meeting
69. Determination of the time and
venue of the next regular meeting of the
Conference of the Parties (no
document). Tentative U.S. negotiating
position: Not applicable. The Secretariat
does not normally circulate a document
on the time and venue of the next CoP.
We anticipate receiving information on
this at CoP14, at which time the United
States will develop a negotiating
position. The United States favors
holding CoP15 in a country where all
Parties and observers will be admitted
without political difficulties, and where
facilities are available to ensure the safe
and efficient conduct of the meeting.
70. Closing Remarks (No document)
Future Actions
During our regular public briefings at
CoP14, we will discuss any changes in
our negotiating positions. After CoP14,
we will publish a notice to invite public
input on whether the United States
should take a reservation on any of the
amendments to the CITES Appendices.
Whereas CITES provides a period of 90
days from the close of a CoP for any
Party to enter a reservation with respect
to an amendment to Appendix I or II,
the United States has never entered a
reservation on any CITES listing. As
discussed in the Federal Register notice
of November 17, 1987 (52 FR 43924),
entering a reservation would do very
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
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices
taken, possessed, transported, or sold in
violation of foreign conservation laws. If
the foreign nation has enacted CITES,
and has not taken a reservation with
regard to any species, part, or derivative,
the United States would continue to
require CITES documents as a condition
of import. A reservation by the United
States also would provide exporters in
this country with little relief from the
need for U.S. export documents.
Receiving countries that are party to
CITES will 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
countries) only if they issue documents
containing all of the information
required on CITES permits and
certificates, and only if the same
findings have been made prior to
issuance of the documents.
Author: This notice was prepared by
Clifton A. Horton, 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: May 24, 2007.
Kenneth Stansell,
Acting Director.
[FR Doc. 07–2714 Filed 5–29–07; 11:34 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Secs. 1, 2, 11, and 12.
Containing 2,559.84 acres.
Aggregating 5,690.16 acres.
Notice of the decision will also be
published four times in the Nome
Nugget.
The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decision shall have until July 2,
2007 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR Part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov. Persons
who use a telecommunication device
(TTD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8330, 24 hours a day, seven days a
week, to contact the Bureau of Land
Management.
DATES:
Eileen Ford,
Land Law Examiner, Branch of Adjudication
II.
[FR Doc. E7–10596 Filed 5–31–07; 8:45 am]
Bureau of Land Management
[F–72912; AK–964–1410–HY–P]
Alaska Native Claims Selection
BILLING CODE 4310–$$–P
Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
DEPARTMENT OF THE INTERIOR
AGENCY:
Bureau of Land Management
As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving the
surface and subsurface estates in certain
lands for conveyance pursuant to the
Alaska Native Claims Settlement Act
will be issued to Bering Straits Native
Corporation. The lands are in the
vicinity of Shaktoolik, Alaska, named
Christmas Mountain, and are located in:
hsrobinson on PROD1PC76 with NOTICES
SUMMARY:
Kateel River Meridian, Alaska
T. 10 S., R. 9 W.,
Sec. 31.
Containing 614.76 acres.
T. 11 S., R. 9 W.,
Secs. 6 and 7.
Containing 1,235.56 acres.
T. 10 S., R. 10 W.,
Secs. 35 and 36.
Containing 1,280.00 acres.
T. 11 S., R. 10 W.,
VerDate Aug<31>2005
18:10 May 31, 2007
Containing 1,890.82 acres.
T. 12 S., R. 13 W.,
Secs. 1, 2, 11, 12, 13, and 14.
Containing 3,465.00 acres.
Aggregating 5,355.82 acres.
Notice of the decision will also be
published four times in the Nome
Nugget.
The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decision shall have until July 2,
2007 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov. Persons
who use a telecommunication device
(TTD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8330, 24 hours a day, seven days a
week, to contact the Bureau of Land
Management.
DATES:
Eileen Ford,
Land Law Examiner, Branch of Adjudication
II.
[FR Doc. E7–10613 Filed 5–31–07; 8:45 am]
BILLING CODE 4310–$$–P
DEPARTMENT OF THE INTERIOR
[F–40304; AK–964–1410–HY–P]
Bureau of Land Management
Alaska Native Claims Selection
AGENCY:
Bureau of Land Management,
Interior.
Notice of decision approving
lands for conveyance.
ACTION:
SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving the
surface and subsurface estates in certain
lands for conveyance pursuant to the
Alaska Native Claims Settlement Act
will be issued to Bering Straits Native
Corporation. The lands are in the
vicinity of Shaktoolik, Alaska, named
Reindeer Cove and are located in:
Kateel River Meridian, Alaska
T. 12 S., R. 12 W.,
Secs. 6, 7, and 18.
Jkt 211001
30623
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
[WY–923–1310–FI; WYW161144]
Wyoming: Notice of Proposed
Reinstatement of Terminated Oil and
Gas Lease
Bureau of Land Management,
Interior.
ACTION: Notice of Proposed
Reinstatement of Terminated Oil and
Gas Lease.
AGENCY:
SUMMARY: Under the provisions of 30
U.S.C. 188(d) and (e), and 43 CFR
3108.2–3(a) and (b)(1), the Bureau of
Land Management (BLM) received a
petition for reinstatement from
Anadarko Petroleum Corp., El Paso E&P
Company, LP, Maar County Line LP,
Michiwest Energy Inc., Muskegon
E:\FR\FM\01JNN1.SGM
01JNN1
Agencies
[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Notices]
[Pages 30606-30623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2714]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES); Fourteenth
Regular Meeting; Tentative U.S. Negotiating Positions for Agenda Items
and Species Proposals Submitted by Foreign Governments and the CITES
Secretariat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We, the United States, as a Party to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), will attend the fourteenth regular meeting of the Conference
of the Parties to CITES (CoP14) in The Hague, The Netherlands, June 3-
15, 2007. This notice announces the tentative U.S. negotiating
positions on amendments to the CITES Appendices (species proposals),
draft resolutions and decisions, and agenda items submitted by other
countries and the CITES Secretariat for consideration at CoP14. With
this notice we also announce that we will publish a notice after the
conclusion of CoP14 to invite public input on whether the United States
should take a reservation on any of the amendments to the CITES
Appendices that are adopted.
DATES: In further developing U.S. negotiating positions on these
issues, we will continue to consider information and comments submitted
in response to our notice of February 21, 2007 (72 FR 7904). We will
also continue to consider information received at the public meeting
announced in that notice, which was held on April 9, 2007. We will
publish a notice after June 15, 2007, to invite public input on whether
the United States should take a reservation on any of the amendments to
the CITES Appendices that are adopted.
ADDRESSES: Comments pertaining to draft resolutions and decisions, and
agenda items should be sent to the Division of Management Authority;
U.S. Fish and Wildlife Service; 4401 North Fairfax Drive; Room 700;
Arlington, VA 22203; or via e-mail at: cop14@fws.gov; 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 750; Arlington, VA 22203; or
via e-mail at: scientificauthority@fws.gov; or via fax at: 703-358-
2276. 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.
Reservations
With this notice, we announce that we will publish a notice after
the conclusion of CoP14 to invite public input on whether the United
States should take a reservation on any of the amendments to the CITES
Appendices that are adopted.
Available Information
Information concerning the results of CoP14 will be available after
the close of the meeting on the Secretariat's Web site at https://
www.cites.org; or upon request from the Division of Management
Authority; or on our CITES Web site (https://international.fws.gov/
cites/cites.html).
FOR FURTHER INFORMATION CONTACT: For information pertaining to
resolutions and agenda items contact: Chief, Branch of CITES
Operations, Division of Management Authority; telephone, 703-358-2095;
fax, 703-358-2298; e-mail, cop14@fws.gov. For information pertaining to
species proposals contact: Chief, Division of Scientific Authority;
telephone, 703-358-1708; fax, 703-358-2276; e-mail,
scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora (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 become threatened
with extinction due to trade. These species are listed in the
Appendices to CITES, which are available on the CITES Secretariat's Web
site at https://www.cites.org/eng/app/index.shtml. Currently, 171
countries, including the United States, are Parties to CITES. The
Convention calls for regular meetings of the Conference of the Parties
(CoP) to review issues pertaining to implementation, makes provisions
enabling the CITES Secretariat 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 to
improve the effectiveness of CITES. Any country that is a Party to
CITES may propose and vote on amendments to Appendices I and II
(species proposals), draft resolutions and decisions, and agenda items
submitted for consideration by the Conference of Parties. Accredited
nongovernmental organizations (NGOs) may participate in the meeting as
approved observers and may speak during sessions when recognized by the
meeting Chairman, but they may not vote or submit proposals.
This is our fourth in a series of Federal Register notices that,
together with announced public meetings, provide you with an
opportunity to participate in the development of U.S. tentative
negotiating positions for CoP14. In this notice we announce the
tentative U.S. negotiating positions on species proposals, draft
resolutions and decisions, and agenda items submitted by other Parties
and the Secretariat for consideration at CoP14. We published our first
CoP14-related Federal Register notice on January 20, 2006 (71 FR 3319),
and with it we requested information and recommendations on species
proposals, draft resolutions and decisions, and agenda items for the
United States to consider submitting for consideration at CoP14. We
published our second such Federal Register notice on November 7, 2006
(71 FR 65126), and with it we requested public comments and information
on species proposals, draft resolutions and decisions, and agenda items
that the United States was considering submitting for consideration at
CoP14. On December 11, 2006, we held the public meeting announced in
our second Federal Register notice; at that meeting, we discussed the
issues contained in our November 7 Federal Register notice and in our
Web site posting on the same topic. In our third Federal Register
notice, published on February 21, 2007 (72 FR 7904), we announced the
provisional agenda for CoP14, solicited public comments on items on the
provisional agenda, and announced a public meeting to discuss
[[Page 30607]]
the agenda items. That public meeting was held on April 9, 2007.
You may obtain information on the above Federal Register notices
from the following sources. For information on draft resolutions and
decisions, and agenda items, contact the Division of Management
Authority (see ADDRESSES, above); and for information on species
proposals, contact the Division of Scientific Authority (see ADDRESSES,
above). Our regulations governing this public process are found in 50
CFR 23.31-23.39. Pursuant to 50 CFR 23.38(a), the Director has decided
to suspend the procedure for publishing a notice of final negotiating
positions in the Federal Register because time and resources needed to
prepare a Federal Register notice would detract from essential
preparation for CoP14.
Tentative Negotiating Positions
In this notice we summarize the tentative U.S. negotiating
positions on proposals to amend the Appendices (species proposals),
draft resolutions and decisions, and agenda items that have been
submitted by other countries and the CITES Secretariat. Documents
submitted by the United States for consideration of the Parties at
CoP14 can be found on the Secretariat's Web site at: https://
www.cites.org/eng/cop/index.shtml. Those documents are: CoP14 Doc.
18.2, CoP14 Doc. 39, and CoP14 Doc. 43. The United States also
submitted Document CoP14 Doc. 67 at the request of the Animals and
Plants Committees. The United States, either alone or as a co-
proponent, submitted the following proposals to amend Appendices I and
II: CoP14 Prop. 2, CoP14 Prop. 17, CoP14 Prop. 19, CoP14 Prop. 21,
CoP14 Prop. 22, CoP14 Prop. 23, CoP14 Prop. 28, and CoP14 Prop. 36. In
this notice, we will not provide any additional explanation of the U.S.
negotiating position for documents that the United States submitted.
The introduction in the text of each of the documents the United States
submitted contains a discussion of the background of the issue and the
rationale for submitting the document.
In this notice, numerals next to each agenda item or resolution
correspond to the numbers used in the agenda for CoP14 and posted on
the Secretariat's Web site. When we completed the notice, the
Secretariat had not yet made available documents for a number of the
agenda items on the CoP14 agenda. For several other documents, we are
still working with other agencies in the United States and other CITES
Parties to develop the U.S. negotiating position. The documents for
which we do not currently have tentative U.S. negotiating positions
are: CoP14 Doc. 10 and CoP14 Doc. 30.
In the discussion that follows, we have included a brief
description of each species proposal, draft resolution, draft decision,
and agenda item submitted by other Parties or the Secretariat, followed
by a brief explanation of the tentative U.S. negotiating position for
that item. New information that may become available prior to or at
CoP14 could lead to modifications of these positions. The U.S.
delegation will fully disclose changes in our negotiating positions and
the explanations for those changes during public briefings at CoP14.
The United States is concerned about the budgetary implications and
workload burden that will be placed upon the Parties, the committees,
and the Secretariat, and intends to evaluate all documents for CoP14 in
view of these concerns.
Agenda (Provisional)
Opening Ceremony and Welcoming Addresses
The Secretariat will not prepare a document on these agenda items.
According to tradition, as the host country for CoP14, The Netherlands
will conduct an opening ceremony and make welcoming remarks.
Administrative Matters
1. Rules of Procedure (Doc. 1). Tentative U.S. negotiating
position: Support. The CITES Secretariat prepared Document CoP14 Doc.
1, the draft Rules of Procedure for CoP14. The draft Rules are
identical to those adopted for CoP13, except for several amendments
proposed to Rules 14 and 15, regarding the creation of the position of
an Alternate Chairman of the Conference, and Rule 28, regarding
submission of informative documents for the CoP. The United States
tentatively supports the draft Rules of Procedure and the amendments
proposed to Rules 14, 15, and 28, but plans to propose several
additional amendments to the text of these three Rules to clarify
several points.
2. Election of Chairman and Vice-Chairmen of the meeting and of
Chairmen of Committees I and II (No document). Tentative U.S.
negotiating position: Undecided. According to tradition, the host
country--in this case, The Netherlands--will provide the Conference
Chairman. The United States will support the election of committee
Chairmen and a Vice-Chairman of the Conference who have the required
technical knowledge and skills and also reflect the geographic and
cultural diversity of the CITES Parties.
3. Adoption of the agenda (Doc. 3). Tentative U.S. negotiating
position: Support.
4. Adoption of the working programme (Doc. 4). Tentative U.S.
negotiating position: Support. Prior to a CoP, the working programme is
provisional and changes may be made to it prior to the start of CoP14
or at the beginning of the CoP. The United States supports the
provisional working programme posted at the time this notice was
prepared.
5. Credentials Committee
5.1 Establishment of the Credentials Committee (No document).
Tentative U.S. negotiating position: Undecided.
5.2 Report of the Credentials Committee (No document). Tentative
U.S. negotiating position: Undecided. The United States will follow the
work of the Credentials Committee and intervene as appropriate.
6. Admission of observers (Doc. 6). Tentative U.S. negotiating
position: Undecided. A document for this agenda item is not normally
distributed prior to the start of a CoP. National NGOs are admitted as
observers if their headquarters are located in a CITES Party country
and if the national government of that Party approves their attendance
at the CoP. International NGOs are admitted by approval of the CITES
Secretariat. After being approved as an observer, an NGO is admitted to
the CoP unless one-third of the Parties object. The United States
supports admission to the meeting of all technically qualified NGOs,
and opposes unreasonable limitations on their full participation as
observers at CoP14. In addition, the United States supports flexibility
and openness in the process for disseminating documents produced by
NGOs to Party delegates, which are vital to decision-making and
scientific and technical understanding.
7. Financing and budgeting of the Secretariat and of meetings of
the Conference of the Parties. Tentative U.S. negotiating position on
Agenda Items 7.1, 7.2, and 7.3: Undecided. These are comprehensive
documents that require extensive review, internal discussion, and
analysis of the financial implications for Parties and the impact on
the work of the Secretariat and the committees. The United States will
review the documents carefully, bearing in mind the need to balance
tasks with available resources. The United States advocates fiscal
responsibility and accountability on the part of the Secretariat and
the Conference of the Parties and plans to be an active participant in
the budget discussions at
[[Page 30608]]
CoP14. The voluntary annual contribution of the United States to CITES
is determined through our domestic budgeting process. The United States
believes it is necessary that the CITES Secretariat provide additional
information on budgetary and financial matters in relation to the
costed programme of work proposed in Document CoP14 Doc. 7.3. Until
such information is provided and analyzed, and discussed with the
Parties and the Secretariat, we will not be able to consider supporting
any increase in the budget of the Convention.
8. Committee Reports
8.1 Report of the Chairman of the Standing Committee (Doc. 8.1).
Tentative U.S. negotiating position: At the time this notice was
prepared, this document had not been posted on the Secretariat's
website. This report is largely a summary of activities conducted by
the Standing Committee, or particularly the Chairman, since CoP13. Many
of these activities are covered by other CoP14 agenda items.
8.2 Report of the Chairman of the Animals Committee (Doc. 8.2).
Tentative U.S. negotiating position: Most of this document is a report
by the Chairman of his activities or a recounting of the proceedings of
meetings of the Animals Committee, and therefore not requiring a
position. The outcomes of some of the Animals Committee deliberations
are reflected in other agenda items for CoP14, where they are
elaborated more substantially. However, there are some specific
recommendations contained in the report requiring a position. These
(and the tentative U.S. position) include:
Draft decisions for Psittacus erithacus, derived from the
Review of Significant Trade in this species, calling for the
development of management plans by range countries, with assistance
from the Secretariat, subject to external funding (Support);
A draft decision for the Secretariat to convene, subject
to external funding, a workshop to initiate regional cooperation on
fisheries management for Tridacnidae (Support);
Extending Decision 13.93 to continue the review of the
Felidae, particularly the review of Lynx spp. and look-alike issues,
until CoP15 (Support);
Consider that the Parties, Animals Committee, and
Secretariat have complied with Decisions 13.95-13.97 related to fossil
corals (Support); and
Consideration of providing supplemental funding (US$30,000
annually) to the Chairman of the Animals Committee, especially if from
a developing country and where governmental or institutional support is
insufficient to fulfill the duties of the position (Unable to support
given the current budgetary situation for the Convention).
8.3 Report of the Chairman of the Plants Committee (Doc. 8.3).
Tentative U.S. negotiating position: Most of this document is a report
by the Chairman of her activities or a recounting of the proceedings of
meetings of the Plants Committee, and therefore not requiring a
position. The outcomes of some of the Plants Committee deliberations
are reflected in other agenda items for CoP14, where they are
elaborated more substantially. However, there are some specific
recommendations contained in the report requiring a position. These
(and the tentative U.S. position) include:
A draft decision directed to range countries, regional
Plants Committee representatives, and the Secretariat to address the
management and enforcement needs of seven species of medicinal plants
from Asia, and to report on progress to the Plants Committee at its
17th and 18th meetings (Support);
Consideration by the Parties of ways to obtain
identification materials for plants listed in the Appendices given that
there is no longer a specific budget line for this activity (Support);
A draft decision directed to the Plants Committee and the
Secretariat to continue cooperation with the Convention on Biological
Diversity on the Global Strategy for Plant Conservation (Support, as
amended by the Secretariat);
A draft decision directed to the Plants Committee to
develop principles, criteria, and indicators for making non-detriment
findings for timber and medicinal plant species (Support);
Renewal of Decision 13.54, which directs the Plants
Committee to continue to consider proposals to include additional
timber species in the Appendices, based on the outcomes of regional
workshops and other information (Support);
Consideration that the Plants Committee's work under
Decisions 13.51 and 13.52 regarding annotations of medicinal plants,
Decision 13.60 related to Harpagophytum, and Decision 13.72 regarding
monitoring effects of the revision of the definition of ``artificially
propagated'' have been completed (Support);
Draft decisions directed to the Parties and the Plants
Committee to monitor the effects of exempting the artificially
propagated hybrids of various orchid genera from CITES controls, and
consideration of whether the exemption of hybrids of additional genera
is advisable (Support); and
Draft decisions directed to the Parties, Plants Committee,
Secretariat, and inter-governmental and non-governmental organizations
(IGOs and NGOs) to address various issues related to trade in agarwood,
including capacity building, the making of non-detriment findings,
information sharing, definition of terms relating to agarwood,
development of identification and training materials, and
recommendations on appropriate units of measure for agarwood, as well
as consideration of potential annotations to exempt certain agarwood
specimens from CITES controls (Support, but with reservations regarding
the ability of the CoP to direct work to IGOs and NGOs, and also
regarding the scope of work and potential budget implications).
8.4 Joint report of the Chairmen of the Animals and Plants
Committees (Doc. 8.4). Tentative U.S. negotiating position: U.S.
position: Much of this document is a report by the Chairmen of the
Animals and Plants Committees recounting the proceedings of joint
meetings of the two committees, and therefore not requiring a position.
The outcomes of some of the deliberations of the two committees meeting
in joint session are reflected in other agenda items for CoP14, where
they are elaborated more substantially. However, there are some
specific recommendations contained in the report requiring a position.
These (and the tentative U.S. position) include:
Recommended Rules of Procedure for the two committees,
which follow longstanding practices and represent the committees' views
with regard to a practicable adaptation of the Rules of Procedure for
the Standing Committee (Support, with some amendments proposed by the
Secretariat);
A draft decision directed to the Secretariat to publish
and distribute, subject to available funding, manuals for regional
representatives to the committees in the three languages of the
Convention (Support, as amended by the Secretariat);
A recommendation to eliminate Resolution Conf. 13.10 on
``Trade in invasive alien species'' and incorporate elements of it into
Resolution Conf. 10.4 on ``Cooperation and synergy with the Convention
on Biological Diversity,'' to reflect the limited role CITES can play
in addressing the problem of invasive species (Support); and
Draft decisions directed to the Parties, Standing
Committee, and Secretariat to provide support to the University of
Cordoba and the International University of Andalusia
[[Page 30609]]
(Spain) to support the continuation of the Master's course on
``Management, Access and Conservation of Species in Trade'' (Support).
8.5 Report of the Nomenclature Committee (Doc. 8.5). Tentative U.S.
negotiating position: Undecided. The report contains numerous
recommendations regarding the adoption of standard nomenclatural and
taxonomic references for CITES-listed fauna and flora, and a program of
work and proposed budget for the next intersessional period. We are
still evaluating the references, and the proposed work and budget
implications.
9. Committee Elections and Appointments
9.1 Standing Committee (No document). Tentative U.S. negotiating
position: Support. Since the close of CoP13, the North American region
has been represented on the Standing Committee by Canada, serving as
the North American regional representative, and Mexico, serving as the
alternate representative. Canada and Mexico will continue to serve in
their current capacities until the end of CoP15.
9.2 Animals Committee (No document). Tentative U.S. negotiating
position: Support. Since the close of CoP14, the North American region
has been represented on the Animals Committee by Mr. Rodrigo A.
Medellin of Mexico, serving as the North American regional
representative, and up until May 2007, Mr. Robert R. Gabel of the
United States, serving as the alternate representative. Mr. Gabel has
now moved on to other duties as the Chief of the U.S. Management
Authority, and as such, the United States will provide a new alternate
representative who has yet to be determined.
9.3 Plants Committee (No document). Tentative U.S. negotiating
position: Support. Since the close of CoP14, the North American region
has been represented on the Plants Committee by Mr. Robert R. Gabel of
the United States, serving as the North American regional
representative, and Dr. Adrianne Sinclair, of Canada, serving as the
alternate representative.
9.4 Nomenclature Committee (No document). Tentative U.S.
negotiating position: Support. In its report to the CoP, the
Nomenclature Committee recommends, as also recommended in CoP14 Doc. 12
(on review of the scientific committees), submitted by the Standing
Committee, that the Nomenclature Committee be re-characterized as a
working group of the Animals and Plants Committees. However, we
anticipate that this will have little effect on the operation of the
Nomenclature Committee, and we expect the current Chairmen of this
committee, Dr. Ute Grimm of Germany (co-Chairman for Fauna) and Dr.
Noel McGuff of the United Kingdom (co-Chairman for Flora), to continue
in their positions, regardless of how this body is characterized.
Strategic Matters
11. CITES Strategic Vision: 2008-2013 (Doc. 11). Tentative U.S.
negotiating position: While the United States supports the revision and
updating of both CITES' Strategic Plan and the accompanying Action
Plan, we have significant concerns related to the revisions proposed in
Document CoP14 Doc. 11, which we communicated in comments to the
Strategic Plan Working Group (SPWG) following the 54th meeting of the
CITES Standing Committee (SC54). CITES developed its current (and
first) ``Strategic Vision Through 2005'' when the United States chaired
the Standing Committee. This earlier document was adopted at CoP11 and
was closely linked to an Action Plan, with practical and measurable
steps for the Parties, Secretariat, and other entities. The Action Plan
was developed in concert with the Strategic Vision to provide evidence
that the goals of the latter were being met. At CoP13 the Parties
adopted Decision 13.1, which extended the Strategic Vision through
CoP14, but also set in motion the process to revise and update both the
Strategic Vision and the Action Plan. Document CoP14 Doc. 11 represents
the output of the SPWG, taking into account the comments received from
Parties and NGOs on the draft Strategic Plan after SC54. The SPWG has
also prepared a draft resolution for consideration by the Parties at
CoP14 (Document Doc. 11 Annex, p. 4), and the ``CITES Strategic Vision:
2008-2013'' is included as a sub-annex to that document (pp. 5-12).
While the SPWG accepted some of the comments of the United States in
preparing this document, we remain concerned that the document would
direct CITES away from its core mission of monitoring and controlling
international trade in wildlife and plants. Although the ``CITES
Strategic Vision: 2008-2013'' does not prescribe or proscribe specific
actions by the Parties, if adopted, it is intended to provide guidance
for the evolution of CITES through 2013.
12. Review of the scientific committees (Doc. 12). Tentative U.S.
negotiating position: Support. This document is submitted by the
Standing Committee. At SC54 in October 2006, the Committee adopted the
recommendations of an External Evaluation Working Group's review of the
CITES scientific committees (Animals, Plants, and Nomenclature), and
agreed to propose to CoP14 pertinent modifications to Resolution Conf.
11.1 (Rev. CoP13) and 12.11 (Rev. CoP13). The United States supports
adoption of the Standing Committee's recommendations that will enhance
the work and efficiency of the scientific committees. However, the
United States disagrees with the Secretariat's suggestion to merge the
scientific committees.
13. Addis Ababa Principles and Guidelines for the Sustainable Use
of Biodiversity (Doc. 13). Tentative U.S. negotiating position:
Support. Document CoP14 Doc. 13 was prepared by the Plants and Animals
Committees, and is based on the outcome of discussions at the 22nd
meeting of the Animals Committee and 16th meeting of the Plants
Committee (PC16--Lima, Peru; July 2006). The committees focused on the
applicability of the Addis Ababa Principles and Guidelines for the
Sustainable Use of Biodiversity (Addis Ababa Principles) to the making
of non-detriment findings, and concluded that not all of the principles
and guidelines are directly relevant. The committees proposed that
Resolution Conf. 10.4 be amended to acknowledge the use of the Addis
Ababa Principles as a voluntary additional tool that can be used in
making non-detriment findings. The United States agrees with the
committees' conclusion that the Addis Ababa Principles are not always
applicable to the decision making process under CITES, and supports the
proposal to consider them as a voluntary additional tool that can be
used in making non-detriment findings.
14. CITES and livelihoods (Doc. 14; Argentina, China, Germany on
behalf of the European Community Member States, and Nicaragua).
Tentative U.S. negotiating position: Support. In Document CoP14 Doc.
14, the proponents summarize the outcomes and recommendations from the
CITES and Livelihoods Workshop (Cape Town, South Africa; September
2006), and propose two draft decisions that build on those
recommendations. The first draft decision directs the Standing
Committee to assist in the development of tools and guidelines for the
Parties to use in examining the impacts of CITES regulation on human
well-being and the livelihoods of the poor. The second draft decision
directs the Secretariat to provide an assessment of the ways in which
the implementation of CITES has taken, or could take, into account
these impacts on the livelihoods of the poor.
[[Page 30610]]
Although we are supportive of considering human well-being and
livelihoods in the implementation of CITES, these considerations should
be separate from the objective scientific assessments required for
listings and making non-detriment findings. We are also concerned about
the budget implications of the proposed Decisions in this document.
15. National wildlife trade policy reviews (Doc. 15). Tentative
U.S. negotiating position: Support. In Document CoP14 Doc. 15, the
CITES Secretariat reported on progress made in implementing Decisions
13.74 and 13.75 and that the four pilot countries interested in
undertaking wildlife trade policy reviews, will be provided an
opportunity to share compiled and synthesized information on the
initial results from their wildlife trade policy reviews at a CoP14
side event. The Secretariat further recommends that interested
importing countries carry out national wildlife policy reviews in order
to provide a balanced view to exporting countries and facilitate a
better understanding of wildlife trade policy at both ends of the
international wildlife trade (supply and demand), and invites donors to
provide financial support to countries interested in preparing these
reviews. The Secretariat recommends renewing the deadlines in
Resolution Conf. 13.74 for reporting to the Standing Committee and
Conference of the Parties to SC57 and CoP15, and deleting a
recommendation calling for submission of project proposals in order to
seek financial support for preparation of trade policy reviews in
interested countries.
The United States looks forward to reviewing the results achieved
with the four pilot countries. However, given the overall lackluster
response of the Parties (7 out of 171 Parties expressed interest), this
is not high priority work of the CITES Secretariat. Implementation of
the Secretariat's recommendations would have budgetary implications
that must be weighed against priorities that are more urgent.
16. Capacity building (Doc. 16). Tentative U.S. negotiating
position: Oppose. This document from the CITES Secretariat proposes the
creation of an interactive CITES Virtual College for basic and more
advanced training in the Convention over the Internet. The Secretariat
proposes that this program could be linked to academic institutions. In
Document CoP14 Doc. 7.3 Annex 1, the CITES Secretariat estimates that
it would cost close to $1.6 million to run this program from 2009
through 2011. While the United States has always, and continues to be,
a strong supporter and proponent of training in the implementation and
enforcement of CITES, we do not support such an initiative with such
significant budget implications. There are already similar educational
and capacity-building programs and mechanisms that would be duplicated
by the development of such a program at the Secretariat (e.g., the
Masters and Doctoral courses conducted by the International University
of Andalucia, and current U.S. training offered in connection to
Regional Free Trade Agreements).
17. Cooperation between Parties and promotion of multilateral
measures (Doc. 17). Tentative U.S. negotiating position: Undecided. At
the time this notice was prepared, this document had not been posted on
the Secretariat's Web site.
18. Cooperation With Other Organizations
18.1 Cooperation with the Food and Agriculture Organization of the
United Nations (Doc. 18.1). Tentative U.S. negotiating position:
Undecided on establishment of a Fishery Working Group within CITES;
support strengthening cooperation between CITES and United Nations Food
and Agriculture Organization (FAO) with regard to forestry and non-
timber forest products, but opposed to formalization of the
relationship through a Memorandum of Understanding (MoU). This document
was submitted by the CITES Secretariat. It provides a history of the
collaboration between CITES and FAO regarding marine listing and
implementation issues, and summarizes cooperative activities in recent
years related to queen conch, sturgeons, sharks, sea cucumbers, and
other species. Pointing to the success of collaborative efforts between
CITES and FAO on marine issues, the Secretariat recommends
strengthening cooperation with FAO on issues related to forestry and
non-timber forest products. The document includes draft decisions for
consideration by the Parties at CoP14. One of these decisions directs
the Secretariat to initiate discussions with FAO on strengthening and
formalizing cooperation between CITES and FAO with regard to forestry
and non-timber forest products. Another, directed to the Standing
Committee, would establish a Fishery Working Group to address practical
issues related to the implementation of the Treaty for fish and marine
invertebrates.
The United States endorsed the establishment of the MoU with FAO on
marine issues that was finalized at SC54, and we fully support ongoing
cooperation between CITES and FAO regarding marine issues. FAO has
provided valuable advice and assistance to CITES on a number of marine
issues, including the development of listing criteria for marine
species and the formation of ad hoc expert advisory panels to evaluate
marine listing proposals prior to a CoP. We have endorsed the idea of a
marine working group in the past; in fact, at CoP10, the United States
submitted a document calling for the Standing Committee to establish a
temporary working group for marine fish species. However, given the
formalized cooperative arrangement with FAO, ongoing work in the
Animals Committee, and the desire to avoid duplication of effort, we
are uncertain of the need for establishing a Fishery Working Group
within CITES at this time. No information has been provided regarding
the proposed composition or the mandate of such a group. We will
develop a position as more information becomes available.
The International Tropical Timber Organization (ITTO) promotes the
conservation and sustainable management of and trade in tropical forest
resources. We submitted a document for consideration at CoP14 (Doc.
18.2) that recognizes the importance of close cooperation between CITES
and ITTO in the consideration and implementation of CITES listings of
tropical timber species and recommends strengthening the cooperation
between the CITES and ITTO Secretariats. While we would also support
increased cooperation between CITES and ITTO regarding forestry and
non-timber forest products, we do not believe that it is necessary to
formalize the relationship through a MoU.
18.3 Statements from representatives of other conventions and
agreements (No document). Tentative U.S. negotiating position: Not
applicable.
19. Dialogue Meetings
19.1 Terms of reference for CITES dialogue meetings (Doc. 19.1).
Tentative U.S. negotiating position: Support. Range country dialogue
meetings have occurred for the African elephant since 1996 and
hawksbill sea turtles since 2001. The Standing Committee instructed the
Secretariat to draft terms of reference for the organization and
conduct of dialogue meetings for any taxon. The Secretariat's draft was
reviewed at SC50 and approved with amendments at SC53 (July 2005). The
Standing Committee agreed with the Secretariat that the revised
document should be the basis for a draft resolution at CoP14. This
document incorporates the suggestions from the Standing Committee and
describes what a dialogue meeting is, who may call a
[[Page 30611]]
dialogue meeting, the organization of the meeting, how decisions are
made and communicated, and how the rules of procedure may be amended.
The United States participated in the SC53 discussions and generally
supports the document.
19.2 Results of the dialogue meeting on the African elephant (Doc.
19.2). Tentative U.S. negotiating position: Not applicable. The African
elephant dialogue meeting is scheduled to be held in The Hague, The
Netherlands, immediately prior to the start of CoP14. When the document
is available, we will review it closely and develop our position. We
support the range States dialogue process for debating multinational
species issues, and the United States provided funding for this meeting
through a grant under the African Elephant Conservation Act.
Interpretation and Implementation of the Convention
Review of Resolutions and Decisions
20. Review of Resolutions
20.1 Resolutions relating to Appendix-I species (Doc. 20.1).
Tentative U.S. negotiating position: Support. In Document CoP14 Doc.
20.1, the Secretariat puts forward two draft consolidated resolutions
relating to Appendix-I species. The first draft resolution is a
consolidation of the resolutions related to hunting trophies for
Appendix-I species, and the second draft resolution consolidates the
resolutions related to the conservation of and trade in specimens of
specific Appendix-I species. The United States has long supported the
efforts to consolidate resolutions related to Appendix-I species, as
long as such an approach continues to allow for the elaboration of
specific measures that may be needed for individual species and does
not result in a generic approach to the conservation of these rare and
endangered species.
20.2 General review (Doc. 20.2). Tentative U.S. negotiating
position: Undecided. At the time this notice was prepared, Document
CoP14 Doc. 20.2 was not available for review on the Secretariat's Web
site. Prior to CoP12, the Secretariat began a review of the existing
CITES resolutions to identify those that were difficult to implement,
redundant with other resolutions, or with outdated text. At CoP12 and
again at CoP13, the Secretariat proposed changes to and consolidations
of sections of several resolutions, which the Parties considered, and
some of which the Parties adopted. With Document CoP14 Doc. 20.2, the
Secretariat is continuing this review process by identifying a number
of resolutions for which it has proposed changes, consolidations, or
transfers of text to other resolutions.
21. Revision of Resolution Conf. 11.16 on ranching and trade in
ranched specimens of species transferred from Appendix I to Appendix II
(Doc. 21). Tentative U.S. negotiating position: Oppose, but agree with
some aspects. While the United States agrees that reporting
requirements should request only appropriate information that is used
to monitor ranching operations and to determine that such operations
continue to meet the requirements agreed by the Parties in Resolution
Conf. 11.16, we do not agree with eliminating the collection of needed
information based on Parties' inability or unwillingness to submit a
complete report. Annual reporting must include sufficient information
to determine if ranching operations are having an adverse effect on
wild populations and that population trends are stable or increasing.
Regarding the revision to the definition of ``ranching,'' the
United States agrees that the definition should be amended, but does
not accept the proposed definition. The Parties should postpone a
revision of the definition of ``ranching'' in Resolution Conf. 11.16
until consideration of Document CoP14 Doc. 38, and if agreed, the
review proposed in that document has been completed.
22. Review of Decisions (Doc. 22). Tentative U.S. negotiating
position: Undecided. At the time this notice was prepared, Document
CoP14 Doc. 22 was not available for review on the Secretariat's Web
site. At CoP13, the Parties reviewed the current CITES decisions to
identify those that were long term in nature. For these long-term
decisions, the Parties adopted the transfer of their text into new or
existing resolutions. With Document CoP14 Doc. 22, the Secretariat is
continuing this process by identifying existing decisions that are
intended to be valid for a long term and making proposals for the
transfer of the relevant texts of these decisions into new or existing
resolutions.
Compliance and Enforcement Issues
23. Guidelines for compliance with the Convention (Doc. 23).
Tentative U.S. negotiating position: Support. At CoP12, the Parties
directed the Standing Committee to develop guidelines for compliance
with the Convention and a working group was established at SC50 to
accomplish the task. The United States has been an active member of the
Working Group on Compliance and supports completion of the draft
guidelines at CoP14. The existing compliance mechanisms in the Treaty
and resolutions are effective and appropriate. We have worked to ensure
that the guidelines for compliance accurately describe those mechanisms
and do not go beyond what already exists by introducing new mechanisms
or procedures. Although significant progress was made and agreement was
reached on most of the text, some areas of disagreement remained after
SC54. Document CoP14 Doc. 23 was prepared by the Chairman of the
Working Group on Compliance and includes the draft guidelines and the
Chairman's recommendations for resolving remaining areas of
disagreement. The United States supports his recommendations because
they focus the guidelines on describing existing practice instead of
creating new compliance procedures.
24. National laws for implementation of the Convention (Doc. 24).
Tentative U.S. negotiating position: Undecided. At the time this notice
was prepared, this document had not been posted on the Secretariat's
Web site. The United States strongly believes that the Convention's
effectiveness is undermined when Party States do not have adequate
national laws in place for implementing CITES, and we have previously
supported action by the Conference of the Parties to compel Parties to
adopt effective CITES implementing legislation.
25. Enforcement matters (Doc. 25). Tentative U.S. negotiating
position: Support. The United States supports the proposed decisions
relating to a meeting of the CITES Enforcement Experts Group and the
suggestion that Resolution Conf. 11.3 be revised. The United States
agrees that existing efforts to capture illegal trade information have
largely been unsuccessful and welcomes an opportunity to discuss the
issue so that illegal trade activities are better understood and
enforcement efforts to combat them are made more effective. The United
States also concurs with the Secretariat's assessment that, despite
remarkable efforts by dedicated wildlife enforcement officers around
the world, governments need to raise the profile of wildlife
enforcement and ensure that sufficient resources are devoted to
interdiction of illegal trade and prosecution of wildlife criminals.
26. Compliance and enforcement (Doc. 26; Germany, on behalf of the
European Community Member States). Tentative U.S. negotiating position:
Partial support. The United States agrees with many of the
Secretariat's concerns. The United States does not believe it is
necessary, at this point, to
[[Page 30612]]
establish a permanent Enforcement Experts Group. However, a second
meeting of this group is warranted to follow up on previous
recommendations and take up some of the issues identified in this
document as well as enforcement-related documents, such as Document
CoP14 Doc. 25 and Document CoP14 Doc. 28.
27. Disposal of illegally traded and confiscated specimens of
Appendix-II and -III species (Doc. 27; Indonesia). Tentative U.S.
negotiating position: Oppose. The United States does not support the
proposed decision directed to the Standing Committee regarding
amendments to Resolution Conf. 9.10 (Rev. CoP13). Some of the issues
raised in Document CoP14 Doc. 27 and the proposed decision are clearly
addressed in existing resolutions. In addition, several of the issues
identified as possible amendments would raise enormous logistical,
financial, and workload challenges that would substantially outweigh
any possible conservation benefit for Parties that regularly confiscate
large volumes of wildlife. The proposed amendments to Resolution Conf.
9.10 (Rev. CoP13) included in this document, if adopted, could have a
negative conservation impact by discouraging Parties from confiscating
illegally traded wildlife if they were required to take on the
substantial logistical, financial, and workload burdens that would
accompany these requirements.
28. Internet trade in specimens of CITES-listed species (Doc. 27;
Germany, on behalf of the European Community Member States). Tentative
U.S. negotiating position: Support. The United States is concerned
about the role of the Internet in illegal wildlife trade and has
already devoted enforcement resources to this issue. The United States
supports the Secretariat's alternative draft decisions, which would be
a more efficient and cost-effective approach to the workshop.
29. National reports (Doc. 29). Tentative U.S. negotiating
position: Support with minor changes. With Document CoP14 Doc. 29, the
Secretariat reports on progress it and the Parties have made since
CoP13 in implementing Resolution Conf. 11.17 (Rev. CoP13) on national
reports, and on progress it has made in implementing Decisions 13.90-
13.92 on reporting requirements. The Secretariat recommends that the
Parties consider adopting two draft decisions included in Annex 2 of
Document CoP14 Doc. 29. The first draft decision, which the United
States supports, would direct the Standing Committee to undertake a
review of the CITES recommendations to Parties to provide special
reports, assess whether they might be effectively incorporated into the
annual and biennial reports, and report to CoP15 on its conclusions and
recommendations. The second draft decision would direct the Secretariat
to continue work directed under Decision 13.92 to facilitate the
harmonization of knowledge management and reporting with other
biodiversity-related conventions. This draft decision would continue
work directed under Decision 13.90 to identify ways to reduce reporting
burdens on Parties. The United States supports both of these aspects of
the draft decision. However, the second point of the draft decision
also directs the Secretariat to support the Standing Committee on
electronic permitting. The United States recognizes the potential
benefits electronic permitting could provide in relation to national
reports, but we are concerned about the potential financial impact on
some Parties and the limited capacity of many Parties to completely
implement electronic permitting (see the U.S. position on Document
CoP14 Doc. 40.1 and Document CoP14 Doc. 40.2). Therefore, the United
States, while supportive of most of the text of the second draft
decision, does not support inclusion of the phrase ``* * * its support
of the Standing Committee on electronic permitting* * *''
31. Monitoring of the implementation of the annotations to
Euphorbia spp. and Orchidaceae spp. included in Appendix II (Doc. 31;
Switzerland). Tentative U.S. negotiating position: Support. Switzerland
has submitted a proposal for CoP14 to amend the annotation to
Orchidaceae (Prop. 34), and another proposal to amend the annotation to
Euphorbia spp. (Prop. 29). In Document CoP14 Doc. 31, Switzerland
explains that, if these two proposals are adopted, then it would be
appropriate to renew Decisions 13.98 and 13.99 to monitor the
implementation of the amended orchid annotation, and also adopt similar
decisions to monitor the implementation of the amended Euphorbia
annotation. In the Annex to Document CoP14 Doc. 31, Switzerland
provides the draft renewals of Decisions 13.98 and 13.99, plus two new
similar draft decisions on the Euphorbia annotation. The United States
agrees that, if the species proposals amending the Euphorbia annotation
and the orchid annotation are adopted at CoP14, then the Parties should
also adopt decisions to monitor the implementation of these amended
annotations, in order to determine how effective they are and whether
they are causing any significant enforcement difficulties. It is also
the U.S. position that, if these two proposals are not adopted,
Decisions 13.98 and 13.99 should still be continued.
32. Incentives for implementation of the Convention (Doc. 32).
Tentative U.S. negotiating position: Oppose. Document CoP14 Doc. 32
reviews Decisions 13.76 and 13.77, and summarizes the issues involved
in incentives for implementation of the convention. The Secretariat's
lists numerous recommendations, including the creation of a working
group to identify options for CITES Authorities in designing and using
specific incentive measures.
While the United States does not have any fundamental objections to
the use of economic incentives to further wildlife conservation in the
context of CITES, the text of the Convention is silent on this matter.
Although careful and detailed consideration must be given by the
Parties prior to incorporating these concepts and specific
recommendations into the body of CITES soft law, we note that the
Secretariat's report indicates that there was no response from Parties
to the Notification calling for submissions on economic incentives
(2005/022). We, therefore, have questions about the value of this work
to the CITES Parties. The report presents interesting information to
the Parties, but given the lack of interest, this work can be
successfully brought to a close and this agenda topic retired. Specific
work, such as the survey of fee structures is valuable in its own right
as an implementation item, but other proposed decision elements
directed to the Standing Committee, the Parties, and the Secretariat
are not a priority and should not be supported.
Trade Control and Marking Issues
33. Introduction from the sea (Doc. 33). Tentative U.S. negotiating
position: Support. This document was prepared by the CITES Secretariat
on behalf of the Standing Committee and reports on progress made since
CoP13 on issues related to introduction from the sea. In 2005, a
workshop on introduction from the sea was convened in accordance with
Decision 13.18. The report of the workshop, the comments received on
the report, and a draft resolution and draft decision prepared by the
Secretariat were considered at SC54. It was agreed that a working group
would work electronically to refine the definition of the ``marine
environment not under the jurisdiction of any State'' based on issues
raised at SC54 and comments on the workshop report.
[[Page 30613]]
Document CoP14 Doc. 33 includes a draft resolution that contains both
the definition agreed by the workshop and an alternative definition put
forward by the working group. The Standing Committee recommends that
the CoP reach agreement on the bracketed text and adopt the resolution
to provide a definition of the ``marine environment not under the
jurisdiction of any State.'' The United States has been actively
involved in discussions related to introduction from the sea since the
drafting of the Treaty, and we strongly support continuing efforts to
achieve common understanding of the practical application of the
introduction from the sea provision under CITES. We participated in the
2005 workshop and the electronic working group following SC54. We
strongly support adoption of the draft resolution with the alternative
definition put forward by the working group in place of the definition
agreed at the 2005 workshop.
Document CoP14 Doc. 33 also includes a draft decision directed to
the Standing Committee. The decision calls for the establishment of a
working group on introduction from the sea, to work primarily through
electronic means, to consider further clarification of terms and other
issues identified in the 2005 workshop report. The working group would
be asked to report its findings to CoP15. The United States believes
that, given the increasing number of listing proposals for marine
species at recent CoPs, continued work on the practical implementation
of the introduction from the sea provision is important, and we
therefore support the formation of such a working group.
34. Trade in Appendix-I species (Doc. 34). Tentative U.S.
negotiating position: Based on the results of the United Nations
Environment Programme World Conservation Monitoring Centre (UNEP-WCMC)
analysis reported at SC54, most trade in Appendix-I species reported by
the Parties is conducted appropriately. However, UNEP-WCMC noted that
further clarification of the purpose of transaction codes would be
useful, and that countries also need to show greater care in applying
source codes. The United States supports the need to clarify further
the use of certain purpose of transaction and source codes so that
there is more uniformity in how codes are used. As identified in
Document CoP14 Doc. 38, the Animals Committee and Plants Committee were
unable to make significant progress on production systems and source
codes and have proposed a more narrow scope of work to develop a
definition of ranching for application to CITES for CoP15. The United
States submitted a document (CoP14 Doc. 39) proposing refinements to
the purpose of transaction codes, to eliminate duplicities and ensure
better usage by the Parties.
35. International expert workshop on non-detriment findings (Doc.
35; Mexico). Tentative U.S. negotiating position: Support. The
Scientific Authority of each Party is required to make non-detriment
findings for species listed in Appendix I and Appendix II. However,
many countries lack financial and technical resources and expertise to
fully meet this obligation. The proposed workshop on making CITES non-
detriment findings will improve Parties abilities to make
scientifically sound findings, build regional capacity, and foster
greater cooperation among Parties to effectively implement the
Convention.
The proposed workshop is an initiative that grew out of discussions
among the three Parties in the North American Region of CITES--Canada,
Mexico, and the United States. The United States is fully supportive of
this workshop. We believe that strengthening the capacities of CITES
Scientific Authorities will help to ensure that trade in CITES-listed
species does not occur at levels that threaten their survival.
36. Management of annual export quotas (Doc. 36). Tentative U.S.
negotiating position: Support, provided negotiated changes to the text
of the draft resolution will advance and support the establishment,
implementation, and monitoring of nationally established export quotas
for Appendix-II species. The United States initiated discussion of this
issue at CoP12 and has been an active participant in the Standing
Committee's Export Quota Working Group (EQWG). This document accurately
reflects the discussions of the EQWG since CoP13, which has made
significant progress in developing a draft resolution and amendments to
existing resolutions that would cover this issue. Although substantive
issues remain unresolved, as reflected in Document CoP14 Doc. 36, the
United States hopes that, with further discussion at CoP14, a final
draft resolution can be agreed and adopted. The United States has
participated in these deliberations with a goal of ensuring that export
quotas for CITES-listed species provide a meaningful tool for
monitoring and controlling trade by providing a feedback mechanism for
importing countries to communicate irregularities and potential illegal
trade to exporting countries.
37. Appendix-I Species Subject to Export Quotas
37.1 Leopard export quotas for Mozambique (Doc. 37.1; Mozambique).
Tentative U.S. negotiating position: Oppose. In this document,
Mozambique proposes to increase its export quota for leopard hunting
trophies and skins for personal use from 60 to 120. The United States,
as reflected in the document we submitted for CoP12 on establishing
scientifically based quotas, and in accordance with Resolution Conf.
9.21 (Rev. CoP13), which calls for establishment of a scientific basis
for proposed quotas, is very interested in ensuring that annual export
quotas are established on strong biological data. Mozambique's request
does not provide enough biological information about the population of
leopards or their prey in Mozambique to determine whether the
population can be sustained under the proposed quota figure.
37.2 Black rhinoceros export quotas for Namibia and South Africa
(Doc. 37.2; Kenya). Tentative U.S. negotiating position: Undecided.
Kenya is proposing to rescind Resolution Conf. 13.5, which allows
Namibia and South Africa to export five black rhino sport-hunted
trophies annually. Kenya has provided information about management
problems in Namibia and increased levels of rhino poaching in South
Africa since the exports were approved at CoP13 in 2004. However, this
information is contradicted by a report on the status and trade of
rhinos produced by the IUCN-SSC's African Rhino Specialist Group (CoP14
Doc. 54), which reports an increase in the black rhino population in
both countries and very limited rhino poaching in Namibia or South
Africa. Although Kenya fails to provide information to show that the
existing quota is biologically unsustainable or that range-wide
poaching of black rhinos has increased as a result of the export of
sport-hunted trophies, their document does raise questions that should
be addressed by Namibia and South Africa prior to the United States
finalizing its position on this document. It should be noted that this
species is listed as endangered under the Endangered Species Act and
that the import of a black rhinoceros sport-hunted trophy into the
United States must meet additional regulatory requirements.
38. Production systems for specimens of CITES-listed species (Doc.
38). Tentative U.S. negotiating position: Support. The United States
has been an active participant in the discussion of production systems
and source codes, by chairing an intersessional joint working group of
the Animals and Plants Committees on the subject. We agree that
additional discussions with a
[[Page 30614]]
narrower focus on ranching are warranted, as described in the document.
40. Electronic Permitting
40.1 Report of the Secretariat (Doc. 40.1). Tentative U.S.
negotiating position: Oppose. The United States believes that the
majority of Parties do not and will not have the technological or
financial support to fully implement an electronic permitting system,
now or in the near future. Given the complexity of this effort and the
current state of technology, the United States believes that this does
not represent a high-priority activity at this time, particularly given
the current budget atmosphere.
40.2 Report of the Standing Committee's Working Group (Doc. 40.2).
Tentative U.S. negotiating position: Oppose. See discussion on Document
CoP14 Doc. 40.1 above.
41. Transport of live specimens (Doc. 41). Tentative U.S.
negotiating position: Support. In Document CoP14 Doc. 41 (Rev. 1), the
Secretariat summarizes work done by the Transport Working Group and
presents a revision of Resolution Conf. 10.21 on ``Transport of live
animals'' to ``Transport of live specimens'' by including the transport
of plants. Other changes would limit review of shipment mortality to
only those shipments with high mortality.
The United States is generally in favor of the revisions to
Resolution Conf. 10.21, in particular the inclusion of plants, which
will result in a more comprehensive resolution. While the United States
continues to be interested in all mortality during shipment, we realize
that this presents a burden on already-taxed inspectors and customs
officials, and agree with the new language in the revision that calls
for the Animals and Plants Committees to examine high-mortality
shipments of live specimens.
The United States is in favor of efforts to provide comprehensive
information on the best methods for live animal and plant transport.
The requirements in the International Air Transport Association (IATA)
Live Animals Regulations (LAR), while used specifically for air
transport, are in most cases appropriate for non-air transport (road,
rail, and sea). The World Organisation for Animal Health (OIE)'s
proposed Web site for non-air animal and plant transport methods would
be useful as a supplement for alternative transport methods to those
described in the IATA-LAR, provided it addresses the challenges
presented with the transport of live captive and wild CITES-listed taxa
that require special attention for non-air transport methods (e.g.,
duration of transit time, environmental conditions, and conveyance
vehicles).
42. Physical inspection of timber shipments (Doc. 42; Germany, on
behalf of the European Community Member States). Tentative U.S.
negotiating position: Support. Document CoP14 Doc. 42 details a number
of problems faced by CITES inspection officials at ports of import and
export in inspecting, identifying, and measuring the volume of CITES
timber shipments. Document CoP14 Doc. 42 recommends that CITES take
action to provide guidance to the Parties on enforcement of timber
listings and focuses on identification and the development of a
methodology for the physical inspection of timber shipments. The
document contains two draft decisions in the Annex. The first draft
decision would direct the Secretariat, in consultation with the Plants
Committee, CITES Parties, and relevant organizations, to identify
existing timber identification tools for CITES-listed species and
identify ways that these tools can be accessed by CITES inspection
authorities. This decision would further direct the Secretariat to
identify gaps for which additional work is needed to develop timber
identification tools; the Secretariat is then to report its findings to
the Standing Committee. The second draft decision would direct the
Standing Committee, in consultation with the Secretariat, range
countries, and other Parties and relevant organizations, to develop
guidelines for the enforcement of timber listings and to focus on the
development of a methodology to carry out physical inspections of
timber shipments.
44. Identification Manual (Doc. 44). Tentative U.S. negotiating
position: Support. This document is a report from the Secretariat on
progress in the development of identification materials for listed
species. We are nearing completion of an identification sheet for
paddlefish (Polyodon spathula) and plan to submit the sheet to the
CITES Secretariat later this year. On December 16, 2005, we listed the
alligator snapping turtle (Macroclemys temminckii) and all species of
map turtles (Graptemys spp.) in Appendix III of CITES. We are currently
working with the University of Kansas to draft identification sheets
for those species. We will continue to address the remaining CITES-
listed species for which the United States is responsible for providing
identification materials.
Exemptions and Special Trade Provisions
45. Personal and household effects (Doc. 45). Tentative U.S.
negotiating position: Support. This document contains a proposal from
the Standing Committee's Personal and Household Effects Working Group
to amend Resolution Conf. 13.7 (on control of trade in personal and
household effects) to facilitate trade in personally owned specimens of
certain CITES-listed species. The United States has been an active
participant in this working