Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Amendments to Appendices I and II Adopted by the Conference of the Parties to CITES at Its Fourteenth Regular Meeting (CoP14), 45260-45264 [E7-15828]
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Notices
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Dated: August 3, 2007.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner, Chairman Mortgagee
Review Board.
[FR Doc. E7–15742 Filed 8–10–07; 8:45 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 4210–67–P
ACTION:
Fish and Wildlife Service
SUMMARY: This notice announces the
amendments to Appendices I and II
adopted by the Conference of the Parties
(CoP) to the Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES) at its
fourteenth regular meeting (CoP14). The
meeting was held in The Hague, The
Netherlands, June 3–15, 2007. In this
notice we list those amendments that
were adopted by the Parties at the
meeting. We also invite public input on
whether the United States should take a
Conference of the Parties to the
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES); Amendments to
Appendices I and II Adopted by the
Conference of the Parties to CITES at
Its Fourteenth Regular Meeting
(CoP14)
AGENCY:
Fish and Wildlife Service,
Interior.
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Notices
reservation on the amendments (with
the exception of species deleted from
the Appendices) that were adopted at
the meeting. To date, the United States
has entered no reservations to any
CITES listing. The amendments to
CITES Appendices I and II described in
this notice enter into effect on
September 13, 2007.
DATES: In determining whether the
United States should take a reservation
on any of the amendments (with the
exception of species deleted from the
Appendices) to the CITES Appendices
adopted at CoP14, we will consider
written information and comments
submitted by September 12, 2007.
ADDRESSES: Comments: Submit your
comments concerning whether the
United States should take a reservation
on the amendments to the CITES
Appendices (with the exception of
species deleted from the Appendices)
adopted at CoP14 by any one of the
following methods:
• By mail or hand-delivery to
Division of Scientific Authority, U.S.
Fish and Wildlife Service, 4401 North
Fairfax Drive, Room 750, Arlington, VA
22203;
• By e-mail to
scientificauthority@fws.gov; or
• By fax to 703–358–2276.
Comments and materials we receive
will be available for public inspection,
from 8 a.m. to 4 p.m., Monday through
Friday, at the street address given above.
Available Information: You may
obtain information concerning the
resolutions and decisions adopted at
CoP14, including the full text of the
CITES resolutions discussed in this
notice:
• On the official Web site of the
CITES Secretariat at https://
www.cites.org (click on Conference of
the Parties);
• By mailing a request to Division of
Management Authority, U.S. Fish and
Wildlife Service, 4401 North Fairfax
Drive, Room 700, Arlington, VA 22203;
• By e-mailing a request to
cop14@fws.gov; or
• By faxing a request to 703–358–
2095.
FOR FURTHER INFORMATION CONTACT: For
information pertaining to the
discussions of proposed resolutions,
decisions, and agenda items at CoP14
contact: Robert R. Gabel, Chief, Division
of Management Authority (see
ADDRESSES, above). For more
information pertaining to the
discussions of proposed amendments to
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the Appendices considered at CoP14,
contact: Acting Chief, Division of
Scientific Authority (see ADDRESSES,
above).
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 (https://www.cites.org/eng/app/
index.shtml). Currently, 172 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, make
provisions enabling the CITES
Secretariat in Switzerland to carry out
its functions, consider amendments to
the list of species in Appendices I and
II, consider reports presented by the
Secretariat, and to 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 the Parties. Accredited
nongovernmental organizations (NGOs)
may participate in the meeting as
approved observers and may speak
during sessions when recognized by the
meeting Chairperson, but they may not
vote or submit proposals.
In this notice we announce the
amendments to Appendices I and II
adopted by the Parties at CoP14, held in
The Hague, The Netherlands, June 3–15,
2007, and also invite public input on
whether the United States should take a
reservation on any of the amendments
to the Appendices (with the exception
of species deleted from the Appendices)
adopted by the Parties at CoP14.
This is our fifth notice in a series of
Federal Register notices relating to
CoP14. We published our first CoP14related Federal Register notice on
January 20, 2006 (71 FR 3319), to
request information and
recommendations on species proposals,
draft resolutions and decisions, and
agenda items for the United States to
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45261
consider submitting for consideration at
CoP14. We published our second
Federal Register notice on November 7,
2006 (71 FR 65126), to request 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 a public
meeting that was announced in our
second Federal Register notice; at that
meeting, we discussed the issues
contained in our November 7, 2006,
Federal Register notice and on our
website 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 listed in the
provisional agenda, and announced a
second public meeting to discuss the
agenda items. Our second public
meeting was held on April 9, 2007. In
our fourth CoP14-related Federal
Register notice published June 1, 2007
(72 FR 30606), we announced the
tentative U.S. negotiating positions on
species proposals, draft resolutions and
decisions, and agenda items submitted
by other countries and the CITES
Secretariat for consideration at CoP14.
We also announced that we would
publish a notice after the conclusion of
CoP14 inviting public input on whether
the United States should take a
reservation on any of the amendments
to the CITES Appendices adopted at
CoP14.
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); 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.
Amendments to the Appendices
Listed below are the amendments to
CITES Appendices I and II adopted at
CoP14. These amendments include the
inclusion of species in Appendix I or
Appendix II; the transfer of species from
one Appendix to another; the deletion
of species from Appendix I or II; and
amendment of the annotations of certain
CITES-listed species.
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TABLE 1.—AMENDMENTS TO CITES APPENDIX I AND APPENDIX II ADOPTED AT THE COP14
Proposal
Description of proposal
1 ..........................
Transfer of Nycticebus species (slow lorises)
from Appendix II to Appendix I.
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.
Amendment of the listing annotation for African
elephant (Loxodonta africana). The three African elephant proposals (4, 5, and 6) were
withdrawn at the CoP, and replaced by a new
proposed amendment (CoP14 Inf. 61) that
would annotate the listings of the populations
of African elephant in Appendix II to include
trade in hunting trophies for non-commercial
purposes; trade in live animals to appropriate
and acceptable destinations for Zimbabwe
and Botswana, and for in situ conservation
programs for Namibia and South Africa; trade
in hides; trade in hair; trade in leather goods
for commercial and non-commercial purposes
for Botswana, Namibia, and South Africa and
for non-commercial purposes for Zimbabwe;
trade in marked and certified ekipas (tourist
souvenirs) for non-commercial purposes for
Namibia and ivory carvings for non-commercial purposes for Zimbabwe; and trade in registered raw ivory for Botswana, Namibia,
South Africa, and Zimbabwe from existing
stockpiles registered by January 31, 2007,
subject to certain conditions.
˜
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.
Inclusion of Cuvier’s gazelle (Gazella cuvieri) in
Appendix I.
Inclusion of slender-horned gazelle (Gazella
leptoceros) in Appendix I.
Transfer of the Brazilian population of black
caiman (Melanosuchus niger) from Appendix
I to Appendix II.
Cambodia 3
Transfer Guatemalan beaded lizard (Heloderma
horridum charlesbogerti) from Appendix II to
Appendix I.
Inclusion of the Family Pristidae (7 species of
sawfish) in Appendix I.
Guatemala
3 ..........................
Inf. 61 .................
8 ..........................
10 ........................
12 ........................
13 ........................
14 ........................
17 ........................
Submitted by
jlentini on PROD1PC65 with NOTICES
18 ........................
Inclusion of European eel (Anguilla anguilla) in
Appendix II.
22 ........................
Deletion of Arizona agave (Agave arizonica)
from Appendix I.
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Comments
Uganda .........................
At CoP14, Uganda revised the proposal to retain their leopard population in Appendix I
with an annual export quota of 28 leopards
as sport-hunted trophies.
Chad and Zambia, on
behalf of Africa.
The new proposal (CoP14 Inf. 61) was developed and adopted by consensus on the
agreement that no further proposals to allow
trade in elephant ivory from these populations
may be submitted to the CoP until 9 years
following the sale of the approved ivory
stocks, in accordance with the provisions set
forth in Inf. 61.
The Parties also decided that the African elephant range States shall develop an overall
African elephant action plan to improve elephant management, and that the CITES Secretariat shall establish an African elephant
fund, to be administered by the CITES Standing Committee, that will be applied to implement the action plan. Import of ekipas and
ivory carvings into the United States is prohibited.
Bolivia ...........................
The proposal amends the annotation to include
˜
the entire Bolivian vicuna population for wool
and products; the rest of the annotation remains unchanged.
Algeria ..........................
Since 1976, the species had been included in
Appendix III at the request of Tunisia.
Since 1976, the species had been included in
Appendix III at the request of Tunisia.
This species is currently listed as endangered
under the U.S. Endangered Species Act;
therefore, the import of specimens into the
United States for commercial purposes is still
prohibited.
Algeria ..........................
Brazil ............................
Kenya, Nicaragua and
the United States of
America.
Germany, on behalf of
the European Community Member
States.
United States ...............
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The proposal was amended to include the species Pristis microdon in Appendix II with the
following annotation: For the exclusive purpose of allowing international trade in live
animals to appropriate and acceptable aquaria for primarily conservation purposes. All
other species were included in Appendix I.
Scientific research has determined that Arizona
agave is a randomly occurring first-generation
hybrid and not a species.
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45263
TABLE 1.—AMENDMENTS TO CITES APPENDIX I AND APPENDIX II ADOPTED AT THE COP14—Continued
Proposal
Description of proposal
Submitted by
Comments
23 ........................
Transfer of Dehesa bear grass (Nolina
interrata) from Appendix I to Appendix II.
United States ...............
Dehesa bear grass is listed as endangered
under the California Endangered Species Act;
therefore, the collection and sale of wild-collected specimens is prohibited under State
law.
24 ........................
Deletion of leaf-bearing cacti in the genera
Pereskia and Quiabentia from Appendix II.
Deletion of leaf-bearing cacti in the genus
Pereskiopsis from Appendix II.
Amendment of the annotations to Adonis
vernalis, Guaiacum species, Hydrastis
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.
Deletion of Oconee bells (Shortia galacifolia)
from Appendix II.
Inclusion of pernambuco (Caesalpinia echinata)
in Appendix II, including all parts and derivatives.
Argentina
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.
Deletion of the current annotation for Taxus
chinensis, T. fuana, andT. sumatrana, and a
new annotation for artificially propagated hybrids and cultivars of T. cuspidata in pots or
other small containers to be exempted from
CITES controls.
Switzerland as the Depositary Government,
at the request of the
Plants Committee.
25 ........................
27 ........................
28 ........................
30 ........................
35 ........................
37 ........................
jlentini on PROD1PC65 with NOTICES
Reservations
In addition to announcing the
amendments to CITES Appendices I and
II that were adopted at CoP14, we invite
public input on whether the United
States should take any reservations on
the amendments to the CITES
Appendices (with the exception of
species deleted from the Appendices)
that were adopted at the meeting. CITES
provides a period of 90 days from the
close of a meeting of the CoP for any
Party to enter a reservation for a
particular species listed in Appendix I
or II. Countries that choose not to
recognize a listing and take a reservation
may continue trading in the species
without CITES documents with other
Parties that have taken the same
reservation or with non-Parties,
provided such shipments do not transit
a Party country. However, trade with
Parties that have not taken the same
reservation requires CITES documents.
While the reservation is in effect the
Party is formally treated as a non-Party
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Mexico
Switzerland as the Depositary Government,
at the request of the
Plants Committee.
United States
Brazil ............................
Switzerland as the Depositary Government,
at the request of the
Standing Committee.
with respect to trade in the reserved
species. A Party that has entered a
reservation may withdraw it at any time.
CITES Resolution Conf. 4.25
recommends that, when a species is
newly listed in Appendix I or is
transferred from Appendix II to
Appendix I, Parties that take a
reservation for that species should treat
the species as if it were listed in
Appendix II, rather than not listed,
when trading with other reserving
Parties or non-Parties. Further, CITES
Resolution Conf. 9.7 (Rev. CoP13) states
that a shipment containing specimens of
CITES species traded between nonParties or reserving Parties or between a
non-Party and a reserving Party must be
accompanied by CITES documents if it
transits a Party country before reaching
its final destination. Therefore, if the
United States entered a reservation to
the listing of a species in Appendix I,
we would require a CITES document
that meets Appendix II permit criteria
(i.e., legal acquisition and nondetriment finding) for international
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The proposal was produced by the Medicinal
Plant Annotations Working Group in consultation with the CITES Plants Committee, which
was directed by the Parties to assess the effectiveness of and streamline the annotations
for CITES-listed medicinal plants.
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The proposed annotation was amended to exclude finished bows and buttons from CITES
controls. The adopted annotation states:
‘‘designates logs, sawn wood, veneer sheets,
including wood articles used for the fabrication of bows for stringed musical instruments.’’
This proposal will 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.
The proposed annotation was amended to exempt from CITES controls artificially propagated hybrids and cultivars of T. cuspidata
live in pots.
trade in specimens of that species with
a non-Party or a Party that has taken the
same reservation.
The United States has never entered
a reservation on any CITES listing
because a reservation would do very
little to relieve importers in the United
States from the need for foreign export
permits. As discussed in the Federal
Register notice of November 17, 1987
(52 FR 43924), 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 ‘‘fish or
wildlife’’ taken, possessed, transported,
or sold in violation of foreign laws. If a
foreign nation has enacted CITES, and
has not taken a reservation with regard
to the particular species, part, or
derivative, the United States would
continue to require CITES documents as
a condition of import. Regarding CITESlisted plants, the Lacey Act does not
provide the same protections for plants
outside of the United States. However,
a reservation by the United States also
would provide exporters in this country
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with little relief from the need for U.S.
export documents. Unless the receiving
country had entered the same
reservation or was a non-Party, U.S.
exporters of CITES-listed plants and
animals would continue to be required
to obtain CITES-comparable documents
because the Parties have agreed to trade
with non-Parties and reserving Parties
only if they issue permits and
certificates that substantially conform
with CITES requirements and contain
the required information outlined in
CITES Resolution Conf. 9.5 (Rev.
CoP13). If the United States were to
enter a reservation for a particular
species, it may confuse importers and
exporters because, as stated above,
CITES permit requirements would still
be imposed by other Parties. This could
lead persons to inadvertently violate the
laws of foreign countries that honor the
listing.
Author
This notice was prepared by Pat Ford,
Division of Scientific Authority, (see
ADDRESSES, above).
Authority: This notice is issued under the
authority of the U.S. Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 31, 2007.
H. Dale Hall,
Director.
[FR Doc. E7–15828 Filed 8–10–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0122).
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
We changed the title of this ICR. The
previous title of this ICR was ‘‘30 CFR
243—Suspensions Pending Appeal and
Bonding—Minerals Revenue
Management (Forms MMS–4435,
Administrative Appeal Bond; MMS–
4436, Letter of Credit; and MMS–4437,
Assignment of Certificate of Deposit).’’
The new title of this ICR is ‘‘30 CFR
243—Suspensions Pending Appeal and
VerDate Aug<31>2005
16:19 Aug 10, 2007
Jkt 211001
Bonding.’’ Forms associated with this
collection are Forms MMS–4435,
Administrative Appeal Bond; MMS–
4436, Letter of Credit; and MMS–4437,
Assignment of Certificate of Deposit.
DATES: Submit written comments on or
before October 12, 2007.
ADDRESSES: Submit written comments
to Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management
Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver,
Colorado 80225. If you use an overnight
courier service or wish to hand-deliver
your comments, our courier address is
Building 85, Room A–614, Denver
Federal Center, West 6th Ave. and
Kipling Blvd., Denver, Colorado 80225.
You may also e-mail your comments to
us at mrm.comments@mms.gov. Include
the title of the information collection
and the OMB control number in the
‘‘Attention’’ line of your comment. Also
include your name and return address.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, or email sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 243—Suspensions
Pending Appeal and Bonding.
OMB Control Number: 1010–0122.
Bureau Form Number: Forms MMS–
4435, MMS–4436, and MMS–4437.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands. The Secretary is
required by various laws to manage
mineral resources production on
Federal and Indian lands, collect the
royalties due, and distribute the funds
in accordance with those laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. The MMS performs the
royalty management functions and
assists the Secretary in carrying out the
Department’s trust responsibility for
Indian lands. Applicable law citations
pertaining to mineral leases on Federal
and Indian lands include: Public Law
97–451—Jan. 12, 1983 (Federal Oil and
Gas Royalty Management Act of 1982
[FOGRMA]); Public Law 104–185—Aug.
13, 1996 (Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996
[RSFA]), as corrected by Public Law
104–200—Sept. 22, 1996; and Public
Law 97–382—Dec. 22, 1982 (Indian
Mineral Development Act of 1982). The
RSFA section 4(l), ‘‘Stay of Payment
Obligation Pending Review,’’ requires
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
MMS to evaluate any person, ordered by
the Secretary or a delegated state to pay
any obligation (other than an
assessment) subject to RSFA, to
determine whether that person is
entitled to a stay of the order without
bond or other surety instrument,
pending an administrative or judicial
proceeding, based on the financial
solvency of that person. Public laws
pertaining to mineral royalties are
located on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
Regulations at 30 CFR part 243 govern
the suspension of orders or decisions
pending administrative appeal for
Federal leases. These regulations require
the submission of information
demonstrating financial solvency by the
person who represents the appellant,
requesting a suspension without the
need to provide a surety. For those
appellants who are not financially
solvent or for appeals involving Indian
leases, MMS requires that a surety
instrument be posted to secure the
financial interest of the public and
Indian lessors during the entire
administrative or judicial appeal
process. This information collection
request covers the burden hours
associated with appellants submitting
financial statements or surety
instruments, subject to annual audit,
required to stay an MMS order.
Minerals produced from Federal and
Indian leases vary greatly in the nature
of occurrence, production, and
processing methods. When a company
or an individual enters into a lease to
explore, develop, produce, and dispose
of minerals from Federal or Indian
lands, that company or individual
agrees to pay the lessor a share (royalty)
of the value received from production
from the leased lands. The lease creates
a business relationship between the
lessor and the lessee. The lessee is
required to report various kinds of
information to the lessor relative to the
disposition of the leased minerals. Such
information is similar to data reported
to private and public mineral interest
owners and is generally available within
the records of the lessee or others
involved in developing, transporting,
processing, purchasing, or selling such
minerals. The information collected
includes data necessary to ensure that
the royalties are paid appropriately.
Proprietary information submitted to
MMS under this collection is protected,
and no items of a sensitive nature are
collected. A response is required to
obtain the benefit of suspending
compliance of an order pending appeal.
E:\FR\FM\13AUN1.SGM
13AUN1
Agencies
[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Notices]
[Pages 45260-45264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15828]
=======================================================================
-----------------------------------------------------------------------
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); Amendments
to Appendices I and II Adopted by the Conference of the Parties to
CITES at Its Fourteenth Regular Meeting (CoP14)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces the amendments to Appendices I and II
adopted by the Conference of the Parties (CoP) to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) at its fourteenth regular meeting (CoP14). The meeting was held
in The Hague, The Netherlands, June 3-15, 2007. In this notice we list
those amendments that were adopted by the Parties at the meeting. We
also invite public input on whether the United States should take a
[[Page 45261]]
reservation on the amendments (with the exception of species deleted
from the Appendices) that were adopted at the meeting. To date, the
United States has entered no reservations to any CITES listing. The
amendments to CITES Appendices I and II described in this notice enter
into effect on September 13, 2007.
DATES: In determining whether the United States should take a
reservation on any of the amendments (with the exception of species
deleted from the Appendices) to the CITES Appendices adopted at CoP14,
we will consider written information and comments submitted by
September 12, 2007.
ADDRESSES: Comments: Submit your comments concerning whether the United
States should take a reservation on the amendments to the CITES
Appendices (with the exception of species deleted from the Appendices)
adopted at CoP14 by any one of the following methods:
By mail or hand-delivery to Division of Scientific
Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,
Room 750, Arlington, VA 22203;
By e-mail to scientificauthority@fws.gov; or
By fax to 703-358-2276.
Comments and materials we receive will be available for public
inspection, from 8 a.m. to 4 p.m., Monday through Friday, at the street
address given above.
Available Information: You may obtain information concerning the
resolutions and decisions adopted at CoP14, including the full text of
the CITES resolutions discussed in this notice:
On the official Web site of the CITES Secretariat at
https://www.cites.org (click on Conference of the Parties);
By mailing a request to Division of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700,
Arlington, VA 22203;
By e-mailing a request to cop14@fws.gov; or
By faxing a request to 703-358-2095.
FOR FURTHER INFORMATION CONTACT: For information pertaining to the
discussions of proposed resolutions, decisions, and agenda items at
CoP14 contact: Robert R. Gabel, Chief, Division of Management Authority
(see ADDRESSES, above). For more information pertaining to the
discussions of proposed amendments to the Appendices considered at
CoP14, contact: Acting Chief, Division of Scientific Authority (see
ADDRESSES, above).
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 (https://www.cites.org/eng/app/index.shtml). Currently, 172
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, make provisions
enabling the CITES Secretariat in Switzerland to carry out its
functions, consider amendments to the list of species in Appendices I
and II, consider reports presented by the Secretariat, and to 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 the Parties.
Accredited nongovernmental organizations (NGOs) may participate in the
meeting as approved observers and may speak during sessions when
recognized by the meeting Chairperson, but they may not vote or submit
proposals.
In this notice we announce the amendments to Appendices I and II
adopted by the Parties at CoP14, held in The Hague, The Netherlands,
June 3-15, 2007, and also invite public input on whether the United
States should take a reservation on any of the amendments to the
Appendices (with the exception of species deleted from the Appendices)
adopted by the Parties at CoP14.
This is our fifth notice in a series of Federal Register notices
relating to CoP14. We published our first CoP14-related Federal
Register notice on January 20, 2006 (71 FR 3319), to request
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 Federal
Register notice on November 7, 2006 (71 FR 65126), to request 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 a
public meeting that was announced in our second Federal Register
notice; at that meeting, we discussed the issues contained in our
November 7, 2006, Federal Register notice and on our website 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 listed in the provisional
agenda, and announced a second public meeting to discuss the agenda
items. Our second public meeting was held on April 9, 2007. In our
fourth CoP14-related Federal Register notice published June 1, 2007 (72
FR 30606), we announced the tentative U.S. negotiating positions on
species proposals, draft resolutions and decisions, and agenda items
submitted by other countries and the CITES Secretariat for
consideration at CoP14. We also announced that we would publish a
notice after the conclusion of CoP14 inviting public input on whether
the United States should take a reservation on any of the amendments to
the CITES Appendices adopted at CoP14.
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); 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.
Amendments to the Appendices
Listed below are the amendments to CITES Appendices I and II
adopted at CoP14. These amendments include the inclusion of species in
Appendix I or Appendix II; the transfer of species from one Appendix to
another; the deletion of species from Appendix I or II; and amendment
of the annotations of certain CITES-listed species.
[[Page 45262]]
Table 1.--Amendments to CITES Appendix I and Appendix II Adopted at the CoP14
----------------------------------------------------------------------------------------------------------------
Proposal Description of proposal Submitted by Comments
----------------------------------------------------------------------------------------------------------------
1........................... Transfer of Nycticebus Cambodia 3 ...........................
species (slow lorises) from
Appendix II to Appendix I.
3........................... Transfer the Ugandan Uganda................. At CoP14, Uganda revised
population of leopard the proposal to retain
(Panthera pardus) from their leopard population
Appendix I to Appendix II in Appendix I with an
with an annotation that annual export quota of 28
trade is to be allowed for leopards as sport-hunted
the exclusive purpose of trophies.
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.
Inf. 61..................... Amendment of the listing Chad and Zambia, on The new proposal (CoP14
annotation for African behalf of Africa. Inf. 61) was developed and
elephant (Loxodonta adopted by consensus on
africana). The three the agreement that no
African elephant proposals further proposals to allow
(4, 5, and 6) were trade in elephant ivory
withdrawn at the CoP, and from these populations may
replaced by a new proposed be submitted to the CoP
amendment (CoP14 Inf. 61) until 9 years following
that would annotate the the sale of the approved
listings of the populations ivory stocks, in
of African elephant in accordance with the
Appendix II to include provisions set forth in
trade in hunting trophies Inf. 61.
for non-commercial The Parties also decided
purposes; trade in live that the African elephant
animals to appropriate and range States shall develop
acceptable destinations for an overall African
Zimbabwe and Botswana, and elephant action plan to
for in situ conservation improve elephant
programs for Namibia and management, and that the
South Africa; trade in CITES Secretariat shall
hides; trade in hair; trade establish an African
in leather goods for elephant fund, to be
commercial and non- administered by the CITES
commercial purposes for Standing Committee, that
Botswana, Namibia, and will be applied to
South Africa and for non- implement the action plan.
commercial purposes for Import of ekipas and ivory
Zimbabwe; trade in marked carvings into the United
and certified ekipas States is prohibited.
(tourist souvenirs) for non-
commercial purposes for
Namibia and ivory carvings
for non-commercial purposes
for Zimbabwe; and trade in
registered raw ivory for
Botswana, Namibia, South
Africa, and Zimbabwe from
existing stockpiles
registered by January 31,
2007, subject to certain
conditions.
8........................... Amendment of the annotation Bolivia................ The proposal amends the
of the vicu[ntilde]a annotation to include the
(Vicugna vicugna) entire Bolivian
population of Bolivia for vicu[ntilde]a population
the exclusive purpose of for wool and products; the
allowing international rest of the annotation
trade in wool sheared from remains unchanged.
live vicu[ntilde]as, and in
cloth and items made
thereof, including luxury
handicrafts and knitted
articles.
10.......................... Inclusion of Cuvier's Algeria................ Since 1976, the species had
gazelle (Gazella cuvieri) been included in Appendix
in Appendix I. III at the request of
Tunisia.
12.......................... Inclusion of slender-horned Algeria................ Since 1976, the species had
gazelle (Gazella been included in Appendix
leptoceros) in Appendix I. III at the request of
Tunisia.
13.......................... Transfer of the Brazilian Brazil................. This species is currently
population of black caiman listed as endangered under
(Melanosuchus niger) from the U.S. Endangered
Appendix I to Appendix II. Species Act; therefore,
the import of specimens
into the United States for
commercial purposes is
still prohibited.
14.......................... Transfer Guatemalan beaded Guatemala ...........................
lizard (Heloderma horridum
charlesbogerti) from
Appendix II to Appendix I.
17.......................... Inclusion of the Family Kenya, Nicaragua and The proposal was amended to
Pristidae (7 species of the United States of include the species
sawfish) in Appendix I. America. Pristis microdon in
Appendix II with the
following annotation: For
the exclusive purpose of
allowing international
trade in live animals to
appropriate and acceptable
aquaria for primarily
conservation purposes. All
other species were
included in Appendix I.
18.......................... Inclusion of European eel Germany, on behalf of ...........................
(Anguilla anguilla) in the European Community
Appendix II. Member States.
22.......................... Deletion of Arizona agave United States.......... Scientific research has
(Agave arizonica) from determined that Arizona
Appendix I. agave is a randomly
occurring first-generation
hybrid and not a species.
[[Page 45263]]
23.......................... Transfer of Dehesa bear United States.......... Dehesa bear grass is listed
grass (Nolina interrata) as endangered under the
from Appendix I to Appendix California Endangered
II. Species Act; therefore,
the collection and sale of
wild-collected specimens
is prohibited under State
law.
24.......................... Deletion of leaf-bearing Argentina ...........................
cacti in the genera
Pereskia and Quiabentia
from Appendix II.
25.......................... Deletion of leaf-bearing Mexico ...........................
cacti in the genus
Pereskiopsis from Appendix
II.
27.......................... Amendment of the annotations Switzerland as the The proposal was produced
to Adonis vernalis, Depositary Government, by the Medicinal Plant
Guaiacum species, Hydrastis at the request of the Annotations Working Group
canadensis, Nardostachys Plants Committee. in consultation with the
grandiflora, Panax ginseng, CITES Plants Committee,
Panax quinquefolius, which was directed by the
Picrorhiza kurrooa, Parties to assess the
Podophyllum hexandrum, effectiveness of and
Pterocarpus santalinus, streamline the annotations
Rauvolfia serpentina, Taxus for CITES-listed medicinal
chinensis, T. fuana, T. plants.
cuspidata, T. sumatrana,
and T. wallichiana,
Orchidaceae species in
Appendix II, and all
Appendix-II and -III taxa
annotated with annotation
1.
28.......................... Deletion of Oconee bells United States ...........................
(Shortia galacifolia) from
Appendix II.
30.......................... Inclusion of pernambuco Brazil................. The proposed annotation was
(Caesalpinia echinata) in amended to exclude
Appendix II, including all finished bows and buttons
parts and derivatives. from CITES controls. The
adopted annotation states:
``designates logs, sawn
wood, veneer sheets,
including wood articles
used for the fabrication
of bows for stringed
musical instruments.''
35.......................... Amendment of the annotation Switzerland as the This proposal will replace
to exempt certain Depositary Government, confusing language in the
artificially propagated at the request of the existing taxon-specific
hybrids of Orchidaceae Plants Committee. orchid hybrid exemptions
(interspecific and (referred to as footnote
intergeneric hybrids of 8) with language proposed
Cymbidium, Dendrobium, and agreed upon by
Phalaenopsis, and Vanda) consensus of the Plants
included in Appendix II. Committee.
37.......................... Deletion of the current Switzerland as the The proposed annotation was
annotation for Taxus Depositary Government, amended to exempt from
chinensis, T. fuana, andT. at the request of the CITES controls
sumatrana, and a new Standing Committee. artificially propagated
annotation for artificially hybrids and cultivars of
propagated hybrids and T. cuspidata live in pots.
cultivars of T. cuspidata
in pots or other small
containers to be exempted
from CITES controls.
----------------------------------------------------------------------------------------------------------------
Reservations
In addition to announcing the amendments to CITES Appendices I and
II that were adopted at CoP14, we invite public input on whether the
United States should take any reservations on the amendments to the
CITES Appendices (with the exception of species deleted from the
Appendices) that were adopted at the meeting. CITES provides a period
of 90 days from the close of a meeting of the CoP for any Party to
enter a reservation for a particular species listed in Appendix I or
II. Countries that choose not to recognize a listing and take a
reservation may continue trading in the species without CITES documents
with other Parties that have taken the same reservation or with non-
Parties, provided such shipments do not transit a Party country.
However, trade with Parties that have not taken the same reservation
requires CITES documents. While the reservation is in effect the Party
is formally treated as a non-Party with respect to trade in the
reserved species. A Party that has entered a reservation may withdraw
it at any time.
CITES Resolution Conf. 4.25 recommends that, when a species is
newly listed in Appendix I or is transferred from Appendix II to
Appendix I, Parties that take a reservation for that species should
treat the species as if it were listed in Appendix II, rather than not
listed, when trading with other reserving Parties or non-Parties.
Further, CITES Resolution Conf. 9.7 (Rev. CoP13) states that a shipment
containing specimens of CITES species traded between non-Parties or
reserving Parties or between a non-Party and a reserving Party must be
accompanied by CITES documents if it transits a Party country before
reaching its final destination. Therefore, if the United States entered
a reservation to the listing of a species in Appendix I, we would
require a CITES document that meets Appendix II permit criteria (i.e.,
legal acquisition and non-detriment finding) for international trade in
specimens of that species with a non-Party or a Party that has taken
the same reservation.
The United States has never entered a reservation on any CITES
listing because a reservation would do very little to relieve importers
in the United States from the need for foreign export permits. As
discussed in the Federal Register notice of November 17, 1987 (52 FR
43924), 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 ``fish or
wildlife'' taken, possessed, transported, or sold in violation of
foreign laws. If a foreign nation has enacted CITES, and has not taken
a reservation with regard to the particular species, part, or
derivative, the United States would continue to require CITES documents
as a condition of import. Regarding CITES-listed plants, the Lacey Act
does not provide the same protections for plants outside of the United
States. However, a reservation by the United States also would provide
exporters in this country
[[Page 45264]]
with little relief from the need for U.S. export documents. Unless the
receiving country had entered the same reservation or was a non-Party,
U.S. exporters of CITES-listed plants and animals would continue to be
required to obtain CITES-comparable documents because the Parties have
agreed to trade with non-Parties and reserving Parties only if they
issue permits and certificates that substantially conform with CITES
requirements and contain the required information outlined in CITES
Resolution Conf. 9.5 (Rev. CoP13). If the United States were to enter a
reservation for a particular species, it may confuse importers and
exporters because, as stated above, CITES permit requirements would
still be imposed by other Parties. This could lead persons to
inadvertently violate the laws of foreign countries that honor the
listing.
Author
This notice was prepared by Pat Ford, Division of Scientific
Authority, (see ADDRESSES, above).
Authority: This notice is issued under the authority of the U.S.
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 31, 2007.
H. Dale Hall,
Director.
[FR Doc. E7-15828 Filed 8-10-07; 8:45 am]
BILLING CODE 4310-55-P