Revision of Regulations Implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates Following the Fifteenth Meeting of the Conference of the Parties to CITES, 14200-14223 [2012-4986]

Download as PDF 14200 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 13, 17, and 23 [Docket No. FWS–R9–IA–2010–0083; 96300– 1671–0000–R4] RIN 1018–AW82 Revision of Regulations Implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates Following the Fifteenth Meeting of the Conference of the Parties to CITES Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the Fish and Wildlife Service (FWS or Service), propose to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or Treaty or Convention) by incorporating certain provisions adopted at the fourteenth and fifteenth meetings of the Conference of the Parties (CoP14 and CoP15) to CITES and clarifying and updating certain other provisions. These changes would bring U.S. regulations in line with revisions adopted at the most recent meetings of the Conference of the Parties, which took place in June 2007 (CoP14) and March 2010 (CoP15). The revised regulations would help us more effectively promote species conservation, help us continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade. DATES: General Comments: In preparing the final decision on this proposed rule, we will consider comments received or postmarked on or before May 7, 2012. Comments on the Information Collection Aspects of this Proposal: Comments on the information collection aspects of this proposed rule will be considered if received by May 7, 2012. ADDRESSES: General Comments: You may submit comments by one of the following methods: • Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Keyword box, enter Docket No. FWS–R9–IA– 2010–0083, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Send a Comment or Submission.’’ mstockstill on DSK4VPTVN1PROD with PROPOSALS3 SUMMARY: VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 • By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R9–IA–2010– 0083; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We will not accept email or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section at the end of SUPPLEMENTARY INFORMATION for further information about submitting comments). Comments on the Information Collection Aspects of this Proposal: Send comments specific to the information collection aspects of this proposed rule to the Desk Officer for the Department of the Interior at OMB– OIRA at (202) 395–5806 (fax) or OIRA_DOCKET@OMB.eop.gov (email). Please provide a copy of your comments to the Service Information Collection Clearance Officer, Fish and Wildlife Service, MS 222–ARLSQ, 4401 N. Fairfax Drive, Arlington, VA 22203 (mail) or infocol@fws.gov (email). Please identify comments with 1018–AW82. FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of Management Authority; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 212; Arlington, VA 22203 (telephone, (703) 358–2093; fax, (703) 358–2280). SUPPLEMENTARY INFORMATION: Background CITES was negotiated in 1973 in Washington, DC, at a conference attended by delegations from 80 countries. The United States ratified the Treaty on September 13, 1973, and it entered into force on July 1, 1975, after it had been ratified by 10 countries. Currently 175 countries have ratified, accepted, approved, or acceded to CITES; these countries are known as Parties. Section 8A of the Endangered Species Act, as amended in 1982 (16 U.S.C. 1531 et seq.) (ESA), designates the Secretary of the Interior as the U.S. Management Authority and U.S. Scientific Authority for CITES. These authorities have been delegated to the Fish and Wildlife Service. The original U.S. regulations implementing CITES took effect on May 23, 1977 (42 FR 10462, February 22, 1977), after the first meeting of the Conference of the Parties (CoP) was held. The CoP meets every 2 to 3 years to vote on proposed resolutions and decisions that interpret and implement the text of the Treaty PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 and on amendments to the lists of species in the CITES Appendices. The current U.S. CITES regulations (72 FR 48402, August 23, 2007) contain provisions from applicable resolutions and decisions adopted at meetings of the Conference of the Parties up to and including the thirteenth meeting (CoP13), which took place in 2004. In 2008, through a direct final rule, we incorporated certain provisions adopted at CoP14 regarding international trade in sturgeon caviar (73 FR 40983, July 17, 2008). Proposed Change to 50 CFR Part 13 Scope of regulations (§ 13.3): When we published our current regulations in 2007, we changed the title of 50 CFR part 23. We propose to update the title of 50 CFR part 23 given in § 13.3 to reflect this change. Application procedures (§ 13.11): We propose to amend the table at § 13.11(d)(4) to include an application to renew the registration of a commercial operation breeding Appendix-I wildlife. See the discussion under § 23.46 in the preamble. We also propose to revise § 13.11(b)(3) by updating the address for the Division of Management Authority and adding the address for the Service’s permits Web page. General information requirements for permit applications (§ 13.12): We propose to update the introductory text of paragraph (b) to clarify that applicants should refer to 50 CFR part 23 for CITES permit application requirements. We also propose to remove from the table at § 13.12(b) the entry for American alligator buyer or tanner permits, because we no longer issue or require such permits. Proposed Changes to 50 CFR Part 17 Following publication of our current CITES-implementing regulations in August 2007, we became aware that 50 CFR part 17 contains some outdated cross references. Sections 17.62 and 17.72 include references to the previous version of the CITES regulations, and the List of Endangered and Threatened Wildlife in 50 CFR 17.11(h) contains references to a special rule that no longer exists for threatened caiman. When we updated our CITES regulations in 2007, we also amended and consolidated the special rules for threatened crocodilians contained in 50 CFR 17.42. As part of that process, we incorporated the special rule for threatened caiman into the special rule for threatened crocodilians, but that change was not reflected in § 17.11. We propose to update references in part 17 so that they correspond correctly with E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules the current regulations in 50 CFR part 23 and the special rules in 50 CFR 17.42. Some of the special rules in 50 CFR part 17 contain elements that are outdated or contain CITES requirements that are more appropriate for inclusion in 50 CFR part 23. Most of the special rules that pertain to CITES-listed species were written before the publication of our 2007 CITES regulations. Some of the rules include detailed CITES requirements because those requirements were not contained in 50 CFR part 23 prior to 2007. We propose to remove specific CITES requirements from the special rules in 50 CFR part 17 and, if they are not there already, insert them into our CITES regulations in 50 CFR part 23. These proposed changes, with a few exceptions noted below, do not alter the requirements of the special rules because the requirements added to or already contained in 50 CFR part 23 are functionally the same as those currently contained in the special rules. Under the special rules, specimens may only be imported into the United States if the requirements in 50 CFR part 23 have been met. ˜ The special rules for vicuna (50 CFR 17.40(m)) and beluga sturgeon (50 CFR 17.44(y)) include information regarding CITES requirements for trade in personal and household effects that is now fully contained in 50 CFR 23.15. To reduce redundancy and improve the accuracy and clarity of our regulations, we propose to remove the detailed information on personal and household effects from 50 CFR 17.40(m) and 50 CFR 17.44(y) and refer the readers of those paragraphs to the CITES regulations in 50 CFR part 23. In the special rule for beluga sturgeon, the text regarding personal and household effects contains the quantity of beluga sturgeon caviar (250 grams) that qualifies as a personal or household effect. When the special rule was written, 250 grams was the quantity of sturgeon caviar that CITES Parties had agreed could be traded under the personal or household effects exemption. Since then, the CITES Parties have reduced the quantity of sturgeon caviar that qualifies as a personal or household effect from 250 grams to 125 grams. We have revised our CITES regulations accordingly (see 50 CFR 23.15 and 73 FR 40983, July 17, 2008). By removing the provisions on personal and household effects and directing readers of the special rule to the requirements in 50 CFR part 23, as proposed here, we would effectively bring the beluga sturgeon special rule in line with current CITES requirements. VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 We believe this reduction in the quantity of beluga sturgeon caviar that can be transported as a personal or household effect is necessary and advisable for the conservation of the species. The special rules for African elephant ˜ (50 CFR 17.40(e)) and vicuna (50 CFR 17.40(m)) contain CITES requirements for marking of specimens in international trade. We believe it is more appropriate to include these marking requirements in our CITES regulations in 50 CFR part 23. Therefore, we propose to remove the trophy-marking requirements, including the definition of ‘‘lip mark area,’’ from the African elephant special rule in 50 CFR 17.40(e) and insert them into 50 CFR 23.74, which covers international trade in personal sport-hunted trophies. At CoP15, the Parties adopted a change to the accepted methods for marking of elephant ivory to allow the use of new technologies for permanent marking, including the use of lasers. We propose to incorporate this change into 50 CFR 23.74 and clarify the marking requirements for elephant ivory consistent with Resolution Conf. 10.10 (Rev. CoP15). (See the discussion in the preamble for § 23.74.) We supported the change to the marking requirements at CoP15 and believe these updates are necessary and advisable for the conservation of the species. Under the special rule, African elephant trophies may only be imported into the United States if the requirements (including marking requirements) in 50 CFR part 23 have been met. Likewise, we propose to remove from ˜ the vicuna special rule in 50 CFR 17.40(m) the specific requirements for ˜ labeling cloth made from vicuna wool and products made from such cloth, since these are CITES marking requirements, and insert them into a new section in 50 CFR part 23. The labeling requirements in the special rule were drawn from the annotations to the ˜ CITES Appendix-II listings for vicuna (see 67 FR 37695, May 30, 2002) that were in place at the time the special rule was written. Since publication of the special rule in 2002, the annotations have been amended by the CITES Parties, most recently at CoP14. We supported the changes adopted at CoP14 and propose to update our labeling requirements to bring them in line with the CITES requirements contained in the current Appendix-II listing ˜ annotations for vicuna. These changes will facilitate effective enforcement of conservation measures put in place by the range countries and are therefore necessary and advisable for the conservation of the species. We will PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 14201 retain the marking requirements in the special rule for shipments of wool (referred to as fiber in the current text ˜ of § 17.40(m)) sheared from live vicuna because marking of raw wool is not required under CITES. The current text of § 17.40(m) refers to ‘‘raw fiber’’ to ˜ describe shipments of raw vicuna wool. We propose to amend this language by using the term ‘‘raw wool’’ instead of ‘‘raw fiber’’ to more accurately characterize the specimens in trade. In addition, we propose to remove ˜ text from the vicuna special rule that addresses the need for the exporting countries to have designated a Management Authority and a Scientific Authority because this requirement is now contained in 50 CFR 23.26. These proposed changes will not alter the requirements of the special rule because the requirements contained in 50 CFR part 23 are functionally the same as those currently contained in the special rule. We propose to further update the ˜ vicuna special rule by clarifying that the exemption under § 17.40(m) applies only to wool sheared from live animals and to cloth and other products made from such wool. We also propose minor edits for clarity and uniformity with other special rules. We propose to update the address for the Division of Management Authority given in 50 CFR 17.9, 50 CFR 17.21, and 50 CFR 17.44(y), and for the Office of Law Enforcement in 50 CFR 17.40(b) and (h). We propose to clarify in § 17.40(b) who is responsible for reporting take of grizzly bears. We also propose to insert the scientific name for leopard into the special rule in 50 CFR 17.40(f). We propose to delete Appendix A to 50 CFR Chapter I and the reference to Appendix A in 50 CFR 17.40(e). Appendix A contains an outdated list of two-letter country codes established by the International Organization for Standardization (ISO). The Appendix was added when the African elephant special rule (§ 17.40(e)) was revised in 1982 (47 FR 31384, July 20, 1982) because the country of origin, indicated by the ISO country code, is part of the information that must be included in an ivory mark. An up-to-date list of ISO country codes is now available on both the ISO and CITES Secretariat’s Web sites, and we therefore believe it is unnecessary to retain the list in Appendix A. Proposed Changes to 50 CFR Part 23 Deciding if the regulations apply to your proposed activity (§ 23.2): We propose to add a paragraph to the table in § 23.2 to clarify that if a CITES E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 14202 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules specimen you possess or want to enter into intrastate or interstate commerce is subject to restrictions on its use after import then the regulations in part 23 apply. We also propose to update the table in § 23.2 to reflect changes proposed for § 23.92. See the discussion in the preamble regarding proposed changes to § 23.92 on exempt wildlife and plants. Definitions (§ 23.5): Whenever possible we define terms using the wording of the Treaty and the resolutions. Definitions of ‘‘bred for noncommercial purposes’’ and ‘‘cooperative conservation program’’: Article VII, paragraph 4, of the Treaty states that specimens of Appendix-I wildlife species bred in captivity for commercial purposes shall be deemed to be specimens of species included in Appendix II. Such specimens can therefore be traded without the need for an import permit (see §§ 23.18 and 23.46). It also provides in Article VII, paragraph 5, that specimens that are bred in captivity may be traded under an exemption certificate (see §§ 23.18 and 23.41). Although the Treaty does not use the term ‘‘bred for noncommercial purposes’’ in Article VII(5), the Parties have agreed to use this term as the intended meaning of paragraph 5 because Article VII(4) addresses specimens bred for commercial purposes. Our current regulations contain definitions of ‘‘bred for noncommercial purposes’’ and ‘‘cooperative conservation program.’’ These terms were defined based on the interpretation of Article VII, paragraph 5, adopted at CoP11 in Resolution Conf. 11.14 and subsequently (until CoP14) contained in Resolution Conf. 12.10. Our current definition of ‘‘bred for noncommercial purposes’’ specifies that a specimen only qualifies to be treated as bred for noncommercial purposes, and therefore eligible for an exemption certificate, if every donation, exchange, or loan of the specimen is between facilities that are involved in a cooperative conservation program. At CoP14, the Parties removed the definition of ‘‘bred for noncommercial purposes’’ from Resolution Conf. 12.10 (including the reference to cooperative conservation programs) because it was considered to be outside the scope of the resolution, which addresses the procedure for registering and monitoring operations that breed Appendix-I animal species for commercial purposes. The deletion of this paragraph from the resolution leaves it to the Parties to adopt their own interpretation of Article VII, paragraph 5. VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 The changes adopted at CoP14, and our experiences since publication of our current regulations, have led us to reconsider our definition of ‘‘bred for noncommercial purposes.’’ We propose to amend our definition of ‘‘bred for noncommercial purposes’’ by removing the requirement that the trade be conducted between facilities that are involved in a cooperative conservation program and, consequently, remove from our regulations the definition of ‘‘cooperative conservation program’’ consistent with recent amendments to CITES resolutions. We are aware that it is not always feasible for a breeding operation to participate in or support a recovery activity in cooperation with a range country, as required under our current definition of ‘‘bred for noncommercial purposes.’’ The change proposed would allow an Appendix-I specimen that was bred in captivity to be traded under a CITES exemption certificate where each donation, exchange, or loan of the specimen is noncommercial (e.g., noncommercial breeding by hobbyists), including situations where the donation, exchange, or loan is not between two facilities that are participating in a cooperative conservation program. Our proposed amendment to the definition is consistent with the current CITES resolutions. See also the discussion in the preamble for § 23.18. Coral definitions: We propose to amend our definitions of ‘‘coral (dead),’’ ‘‘coral fragments,’’ ‘‘coral (live),’’ and ‘‘coral sand’’ in § 23.5 by adding text contained in the coral definitions in the Annex to Resolution Conf. 11.10 (Rev. CoP15) regarding the level to which certain coral specimens are identifiable. This clarifying information was inadvertently omitted from the definitions of these terms in our current regulations. In addition, we propose to add a definition of ‘‘coral (stony)’’ consistent with Resolution Conf. 11.10 (Rev. CoP15), to clarify that the coral definitions in § 23.5 apply to stony corals in the orders Helioporacea, Scleractinia, Stolonifera, Milleporina, and Stylasterina. Due to problems we have encountered in the implementation of the requirements for trade in stony corals, we propose to further revise the definitions of ‘‘coral fragments’’ and ‘‘coral sand’’ to clarify the size of a specimen that meets the definition of a ‘‘coral fragment’’ or ‘‘coral sand’’ and may therefore be considered exempt from the provisions of CITES. The same clarification regarding ‘‘coral fragments’’ was adopted by the Parties at CoP15. To be consistent, we also propose to clarify PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 the size of a specimen that meets the definition of ‘‘coral rock.’’ Definition of ‘‘cultivar’’: Prior to CoP15, the CITES Parties had not defined ‘‘cultivar,’’ a term that is used in the CITES Appendices and resolutions. We defined the term in our current regulations based on horticultural and common dictionary definitions. At CoP15, the CITES Parties adopted a definition of ‘‘cultivar’’ in Resolution Conf. 11.11 (Rev. CoP15), which is taken from the eighth edition of the International Code of Nomenclature for Cultivated Plants (Brickell, C.D., Alexander, C., David, J.C., Hetterscheid, W.L.A., Leslie, A.C., Malecot, V. & Xiaobai Jin (eds.) (2009)). We propose to amend the definition of ‘‘cultivar’’ in § 23.5 to more closely match the definition adopted by the Parties at CoP15. Definition of ‘‘introduction from the sea’’: We propose to amend the definition of this term by adding a clarification of the phrase ‘‘marine environment not under the jurisdiction of any country.’’ The definition of ‘‘introduction from the sea’’ in Article I, paragraph (e), of the Treaty contains the phrase ‘‘marine environment not under the jurisdiction of any State.’’ At CoP14, the Parties agreed to a definition of this phrase, in Resolution Conf. 14.6, which we propose to incorporate into our regulations. CITES Parties typically use the word ‘‘State’’ to mean country. In our regulations, we use the word ‘‘country’’ and so have chosen to use the word ‘‘country’’ in place of ‘‘State’’ in our definition of introduction from the sea. The CITES Parties continue to work toward achieving a common understanding of the practical application of CITES provisions for introduction from the sea. At CoP15, the Parties agreed that operation of the Standing Committee’s working group on introduction from the sea should be extended. In the meantime, our current regulations specify when introductionfrom-the-sea provisions apply and what CITES documents are needed for this type of international trade. Definition of ‘‘ranched wildlife’’: At CoP14, the Animals and Plants Committees were tasked with determining species for which CITES source code ‘‘R’’ (for ‘‘specimens originating from a ranching operation’’) has been used, surveying countries that have been applying source code ‘‘R’’ to species other than crocodilians transferred from Appendix I to Appendix II pursuant to ranching, and, if necessary, proposing a revised definition of source code ‘‘R’’ for consideration at CoP15. The United States participated in a working group E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules established to undertake these activities. The group was directed, among other things, to consider the definition of ‘‘ranching’’ and the use of source code ‘‘R.’’ At CoP15, the Parties adopted a revised definition of source code ‘‘R’’ based on the recommendations of the working group. We propose to incorporate the new definition of source code ‘‘R’’ into § 23.5, consistent with the change to Resolution Conf. 12.3 (Rev. CoP15) adopted at CoP15. Contact information for U.S. CITES Authorities (§ 23.7): The Management Authority and Scientific Authority offices have moved since our current regulations were published. We propose to update the addresses for these offices. Information collection (§ 23.8): We propose minor edits to this section to incorporate changes, since our regulations were last updated, to the OMB Control Numbers assigned to the information collections associated with 50 CFR part 23. Prohibitions (§ 23.13): We propose to add text to clarify that violation of any of the provisions of 50 CFR part 23, including use of CITES specimens imported into the United States contrary to what is allowed under § 23.55, is unlawful. Documents for the export of Appendix-I wildlife and plants (§§ 23.18 and 23.19): Sections 23.18 and 23.19 contain decision trees to help readers determine what type of CITES document is needed for export of an Appendix-I specimen and where in the regulations they can find information regarding the different types of documents. We propose to amend the titles of the decision trees in §§ 23.18 and 23.19 to more accurately reflect their purpose. In addition, we have reevaluated our requirements for export of Appendix-I wildlife and we propose to amend the decision tree in § 23.18 accordingly. Article VII, paragraph 4, of the Treaty states that specimens of Appendix-I wildlife species bred in captivity for commercial purposes shall be deemed to be specimens of species included in Appendix II. Such specimens can therefore be traded without the need for an import permit. Our current regulations require commercial breeders of Appendix-I wildlife to be registered with the CITES Secretariat in order to export Appendix-I specimens, regardless of the purpose of the import. The decision tree asks, at several points, whether the export of the specimen is for noncommercial purposes. However, because of the way the decision tree is structured, export of specimens bred in captivity (according to CITES criteria) at commercial operations that are not VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 registered with the CITES Secretariat is prohibited, even in small numbers when the intended use of the specimens in the importing country is noncommercial. Based on our experience since publication of our regulations in 2007, we have concluded that this interpretation is overly restrictive. The exemptions contained in Article VII allow alternatives to the procedures contained in Articles III, IV, and V for trade in CITES-listed species when certain criteria are met. However, if an Appendix-I specimen does not qualify for an exemption under Article VII, it should not, solely on that basis, also be deemed ineligible for a permit or certificate under Article III. We propose to amend the decision tree in § 23.18 by eliminating the boxes that ask if the export is for noncommercial purposes, which will eliminate the requirement that commercial operations breeding Appendix-I species must be registered with the Secretariat to export specimens under any circumstances. We believe this change reflects the appropriate implementation of Articles III and VII. We note, however, that we will continue to scrutinize this trade very carefully and will exercise our right and responsibility under the Treaty to verify whether the Management Authority of the importing country has made the appropriate determination of whether an import is not for primarily commercial purposes. See also the discussion in the preamble for § 23.5 regarding proposed changes to the definition of ‘‘bred for noncommercial purposes.’’ Information required on CITES documents (§ 23.23): This section details information that must be included on CITES documents. We propose to amend the first sentence of § 23.23(b), where our regulations currently indicate that a CITES document must be ‘‘printed,’’ to reflect agreement by the Parties at CoP15 that CITES documents may be issued in an electronic format. While the Parties agreed that it was possible to issue CITES documents electronically, they also recognized that there is no obligation on Parties to do so. Unless there is specific agreement by all Parties involved that electronic documents are acceptable, Parties issuing electronic documents must also issue them in paper format. Although the United States is not in a position to issue or accept electronic permits at this time, we are aware that other Parties have begun to implement such a system and therefore propose this minor amendment to § 23.23(b). We currently require that CITES export and re-export documents for live PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 14203 wildlife contain a specific condition that the document is only valid if the transport complies with certain humane-transport standards. The CITES Guidelines for transport and preparation for shipment of live wild animals and plants (CITES Guidelines) and the International Air Transport Association (IATA) Live Animals Regulations are incorporated by reference into our regulations at § 23.23(c)(7). The CITES Guidelines have not been updated since 1981. At CoP14, recognizing that IATA regulations are amended annually and are therefore more responsive to changing needs, and that it is important to provide humane transport conditions for plants as well as wildlife, the Parties agreed to promote the full and effective use of IATA’s Live Animals Regulations (for animals) and Perishable Cargo Regulations (for plants) as the standards for the preparation and transport of live specimens. Therefore, we propose to remove reference to the CITES Guidelines and to incorporate by reference the 10th edition of the IATA Perishable Cargo Regulations as the standard for the transport of CITESlisted plants. We propose to further update our regulations by incorporating by reference the 37th edition of the IATA Live Animals Regulations to replace the 33rd edition that is incorporated by reference in our current regulations. We propose to add language in § 23.23(c) and (e) to clarify that, for products containing more than one CITES species, the CITES document must include specific information (Appendix, scientific name, quantity, source code) for each species. See the discussion in the preamble for § 23.71. We also propose to amend § 23.23(c)(16) to allow the use of official signature stamps on CITES documents, in recognition of this global practice. Under most circumstances, specimens must be identified on CITES documents using the scientific name of the species to which they belong. The Parties have agreed to a few specific exceptions to this requirement, which are detailed in Resolution Conf. 12.3 (Rev. CoP15). Recognizing the difficulties associated with identification of worked specimens of certain corals in trade, at CoP15 the Parties amended Resolution Conf. 12.3 (Rev. CoP15) to allow the use of highertaxon names for worked specimens of black coral (Antipatharia). The Parties agreed that worked specimens of black coral may be identified at the genus level where the species cannot be readily determined, and where the genus cannot be readily determined the specimens may be identified using the E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 14204 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules scientific name of the order Antipatharia. We propose to revise § 23.23(c)(13)(i) to allow the use of higher-taxon names for worked specimens of black coral consistent with the changes adopted at CoP15. We will continue to require that raw black coral and live black coral be identified at the species level. At CoP14, the Parties agreed to a new quota-setting process for caviar from shared stocks, including a change in the quota year so that it would coincide with the harvest season rather than the calendar year. From 2008 onward, the quota year for caviar from shared stocks begins on the first of March and ends on the last day of February of the following year. We updated § 23.71 accordingly (see 73 FR 40983, July 17, 2008) and now propose to revise the language in § 23.23(e)(5)(i) by removing the word ‘‘calendar’’ to accommodate situations in which quotas are set for a 12-month period other than a calendar year. Source codes (§ 23.24): Our current regulations in § 23.24 indicate that the source code ‘‘O’’, for pre-Convention specimens, must be used in conjunction with another source code. This requirement has caused problems at our ports of entry because it is not entirely consistent with the language in Resolution Conf. 12.3 (Rev. CoP15), which states that the pre-Convention source code ‘‘may’’ be used in conjunction with another source code. We propose to revise § 23.24 so that it is more closely aligned with Resolution Conf. 12.3 (Rev. CoP15). We propose to revise the text for source code ‘‘R’’ (ranched wildlife) to point readers to § 23.5, where we have proposed to insert the definition of ‘‘ranched wildlife’’ adopted by the Parties at CoP15 in Resolution Conf. 12.3 (Rev. CoP15) (see discussion in the preamble for § 23.5). In § 23.24(d), we propose to add a reference to the definition of ‘‘captivebred wildlife’’ in § 23.5 to clarify that such specimens must meet the definition in that section. In addition, we propose to remove § 23.24(d)(2)(iii), which refers to cooperative conservation programs, to reflect the changes we have proposed to the definition of ‘‘bred for noncommercial purposes.’’ See the preamble discussion regarding the definition of ‘‘bred for noncommercial purposes’’ in § 23.5. Validity of CITES documents (§ 23.26): We propose to add three additional circumstances in § 23.26(d) for which we may request verification of a CITES document. When the CITES Secretariat receives information about a quota for publication, there may be technical problems or questions about VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 technical or administrative aspects of the quota that need clarification. Under guidelines contained in Resolution Conf. 14.7 (Rev. CoP15), if the Secretariat is unable to resolve these issues with the Party concerned, the Secretariat is directed to publish the quota with an annotation to indicate its concerns. We wish to notify the public that we may request verification of a CITES document if it is issued for a species with an annotated quota that raises concerns about the validity of the shipment. We may also request verification of a CITES document for a shipment of captive-bred Appendix-I wildlife when the specimens did not originate from a breeding operation that is registered with the CITES Secretariat and we have reason to believe the import is for commercial purposes. In addition, if we receive a CITES export document on which the actual quantity exported has not been validated or certified at the time of export we may request verification of the document. We have proposed to update the documents incorporated by reference into our regulations at § 23.23(c)(7) that provide guidance on humane transport of live specimens. (See the preamble discussion for § 23.23.) We propose to update the entry on humane transport in the table at § 23.26 to reflect these changes. Presentation of documents at the port (§ 23.27): We propose to add text from the Treaty to this section to highlight the requirement for Management Authorities to cancel and retain original CITES documents upon import. We also propose to clarify that authorized inspecting officials for imports into the United States of CITES-listed plants are responsible for the cancellation and collection of original documents for submission to the U.S. Management Authority. FWS Law Enforcement collects and makes available to the U.S. Management Authority original CITES documents accompanying wildlife shipments entering the United States. Original CITES documents accompanying imports of CITES-listed plant specimens are collected by U.S. Customs and Border Protection (CBP) and the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), for submission to the U.S. Management Authority. Documents are maintained in accordance with the FWS Records Disposition Schedule. Records for ranched specimens and for plants grown from exempt plant material (§ 23.34): The table at § 23.34 provides information on the types of records an individual may provide to show the origin of a specimen when applying for a U.S. CITES document. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 We are proposing a minor revision to the entry in the table for ‘‘exempt plant material’’ to make it clear that we are referring to plants grown from exempt plant material and not the exempt material itself, which does not require a CITES document. Prior to CoP15, we considered any specimen that had been removed from the wild at an early age and raised in captivity to be wild-caught, and as a result, we used the source code ‘‘W’’ when issuing CITES documents for these specimens. With this proposed rule, however, we intend to incorporate into our regulations the definition of ‘‘ranched specimen’’ adopted at CoP15 (see the preamble discussions for §§ 23.5 and 23.24). Many of the specimens we previously considered ‘‘wild’’ will qualify as ‘‘ranched’’ under the new definition. We propose to add an entry to the table in § 23.34 describing the types of records an applicant may want to provide to demonstrate that his or her specimens qualify for issuance of a CITES document with source code ‘‘R’’ (ranched wildlife). Trade in Appendix-I plant hybrids (§§ 23.19, 23.23, 23.40, 23.42, 23.47, and 23.92): We propose to add crossreferences in §§ 23.40 and 23.47 to clarify the required use of different types of CITES documents and different source codes for hybrids of AppendixI plant species or taxa depending on whether the Appendix-I listings are annotated to treat hybrids as AppendixI specimens. We also propose to amend text in §§ 23.19, 23.23, 23.40, 23.42, and 23.92 that refers to certain Appendix-I plant listings as ‘‘not annotated to include hybrids’’ so that it instead refers to these listings as ‘‘not annotated to treat hybrids as Appendix-I specimens.’’ These revisions do not change the meaning or the intent of these sections, but more accurately describe CITES provisions regarding annotations and Appendix-I plant hybrids. Applications for export permits (§§ 23.36, 23.41, 23.69, 23.70, and 23.71): Over the years, to facilitate the application process, we have developed applications for CITES documents that are tailored to specific activities. Since our regulations were last updated, we have created two new application forms: One for the export of sturgeon and sturgeon products from aquaculture facilities; and another for establishment of a master file for the export of live animals that qualify as bred-in-captivity. The Office of Management and Budget (OMB) approved the collection of information associated with these application forms under OMB Control Number 1018–0093, which expires E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules February 28, 2014. We propose to add references to the new applications in the relevant sections of the regulations (§§ 23.41 and 23.71). We also propose to add these new applications to the table in § 23.36, which lists the types of applications (and the FWS form numbers) for export permits. In addition, we propose to update the entry in the table for the application to export trophies, to make clear that it can be used by both hunters and taxidermists. We have made some changes to the application procedures for export of products made from crocodilian skins or fur skins. We propose to update §§ 23.69 and 23.70 to reflect these changes. Seeds and spores (§§ 23.40 and 23.64): At CoP15, the CITES Parties amended Resolution Conf. 11.11 (Rev. CoP15) so that all references to the term ‘‘seeds’’ also refer to ‘‘spores,’’ since seeds and spores are treated the same way under CITES. We propose to make a corresponding change to subparagraph (e)(1) in § 23.40 and to subparagraph (g)(4)(ii) in § 23.64, to refer to ‘‘seeds or spores,’’ consistent with Resolution Conf. 11.11 (Rev. CoP15). Wildlife hybrids (§ 23.43): Section 23.43 allows for an exemption from CITES document requirements for hybrid wildlife specimens that meet specific criteria. We propose to clarify that an individual who is unable to clearly demonstrate that his or her wildlife specimen meets the criteria for an exempt hybrid must obtain a CITES document. Since 2007, when our current regulations were published, we have experienced problems at our ports with individuals claiming the exemption for hybrids without documentation to clearly demonstrate that their specimens meet the criteria. We propose to provide examples of the types of records an individual may use to demonstrate that a particular specimen meets the criteria for an exempt hybrid. Records used to demonstrate that a specimen meets the criteria for the exemption must both clearly identify the wildlife specimen and describe its recent lineage. Many pedigrees simply provide names of animals in a specimen’s lineage, but fail to show the relationship to any CITESlisted animals in its ancestry or any other information to clearly show that the animal to be traded has no purebred CITES species in its previous four generations. A certified pedigree that can be identified as belonging to the specimen to be traded and that contains the scientific names of the animals in the specimen’s lineage, and therefore clearly illustrates its genetic history, would show whether or not the VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 specimen meets the criteria for an exempt wildlife hybrid. Lack of adequate documentation does not prevent the international movement of a hybrid wildlife specimen, but it does require the importer or exporter to obtain the appropriate CITES document. International travel with personally owned, live wildlife (§ 23.44): Since publication of our current regulations in 2007, we have become aware of some confusion regarding the purpose and appropriate use of certificates of ownership for personally owned live wildlife (also known as a ‘‘pet passports’’). We propose to clarify that such documents are to be used for frequent, short-term travel by an individual when accompanied by his or her personally owned, live wildlife (e.g., for vacations, to attend competitions, or for similar purposes of relatively short duration) and that this individual is to return with the wildlife to his or her country of usual residence at the end of the trip. Travel of longer duration, including an international move, should take place under a CITES export or reexport document, not under a certificate of ownership. We propose to add text to § 23.44 to specify that, for certificates issued by the U.S. Management Authority, the owner must return to the United States with the animal covered by the certificate of ownership before the certificate expires, similar to the requirements for specimens covered under a traveling exhibition certificate (see § 23.49). Registration of a commercial breeding operation for Appendix-I wildlife (§ 23.46): Article VII, paragraph 4, of the Treaty states that specimens of Appendix-I animal species bred in captivity for commercial purposes shall be deemed to be specimens of species included in Appendix II. For such specimens, a Management Authority may grant an export permit or a reexport certificate without requiring the prior issuance of an import permit, thus allowing the specimens to be traded commercially. However, the species remain listed in Appendix I, and therefore such specimens are not eligible for any exemption limited specifically to an Appendix-II species or taxon, such as less-restrictive provisions for personal and household effects. Resolution Conf. 12.10 (Rev. CoP15) provides guidelines for registering and monitoring operations that breed Appendix-I animals for commercial purposes. Section 23.46 implements the resolution by establishing a procedure for operations that breed Appendix-I animals for commercial purposes to become registered with the CITES Secretariat. At CoP15, the Parties PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 14205 adopted changes to the registration process to address the sometimes lengthy delays that can occur when an objection is raised regarding an application to register a breeding facility. Previously, if the concerns of the objecting Party could not be resolved through consultation with the proponent Party, the registration application would be decided by a vote of the Parties at the next CoP. Depending on when the objections were raised, up to 3 years could pass before a decision was taken. The revisions adopted at CoP15 reduce the time frame (from 60 to 30 days) for consultations between the objecting Party and the proponent Party, and if those consultations do not resolve the objection, the Secretariat will submit the registration application to the Standing Committee at its next regular meeting, which would usually occur within a year. We expect that referring disputed applications to the Standing Committee instead of the CoP will significantly reduce potential delays in the registration process. We propose to revise § 23.46(b) to incorporate changes to the registration process adopted at CoP15. Under Resolution Conf. 12.10 (Rev. CoP15), registered commercial breeding operations are to be monitored by the Management Authority, in collaboration with the Scientific Authority, and the Management Authority is to advise the CITES Secretariat of any major change in the nature of an operation or in the products it is producing for export. Our current regulations include an annual reporting requirement to facilitate monitoring of registered operations. We propose to eliminate the annual reporting requirement in § 23.46 and establish instead a process for registration renewal. The registration renewal will be less burdensome for the registrants, but will allow us to monitor these facilities and identify major changes in their operating practices. We propose to limit the length of time a registration is valid to not more than 5 years. The proposed criteria for renewal are the same as the criteria for registration of a new operation. However, unlike the process for initially registering a commercial breeding operation, the renewal process does not require us to contact the CITES Secretariat or to consult other CITES Parties. If necessary, upon renewal or at any time we receive significant new information on a registered operation, we will provide the updated information to the CITES Secretariat. Replacement documents (§ 23.52): A Management Authority may issue a replacement CITES document when the E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 14206 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules original document has been lost, damaged, stolen, or accidentally destroyed. Section 23.52 contains provisions for issuance and acceptance of replacement CITES documents. We propose to clarify the procedures and amend the criteria for issuance and acceptance of replacement CITES documents in the United States. Since the publication of our 2007 CITES regulations, we have experienced situations in which individuals have significantly delayed submission of required documents for clearance of a shipment while they tried to obtain a replacement document without our knowledge. In addition, importers or their agents have attempted to submit ‘‘replacement’’ documents when no document had ever been issued or when the original document was invalid. We propose to more closely align the criteria for issuance and acceptance of replacement CITES documents in the United States with those for issuance and acceptance of retrospective documents found in § 23.53. Proposed amendments to the criteria include: Requirements that specimens are presented to the appropriate official at the time of import and that the request for a replacement document is made at that time; the need for proof of original valid documents; and a statement of responsibility. In the United States, an individual may qualify to receive multiple singleuse CITES documents under a master file or annual program. We propose to clarify that you may not use one of the documents issued under a master file or annual program as a replacement document, but must apply for and receive a separate replacement document. The amendments we are proposing to this section will clarify the requirements and procedures for obtaining a replacement CITES document. Retrospective CITES documents (§ 23.53): In certain limited circumstances, CITES documents may be issued and accepted to authorize an export or re-export that has already occurred or to correct technical errors on a document accompanying a shipment that has already occurred. We propose to add text to clarify that we may issue or accept a retrospective document in circumstances where a technical error was made by the issuing Management Authority at the time the original document was issued. As we have for replacement documents, we propose to clarify in this section that an individual may not use a CITES document issued under a master file or an annual program as a retrospective document, but must apply for and VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 receive a separate retrospective document (see the discussion in the preamble for replacement documents, § 23.52). We also propose to clarify that ‘‘personal or household effects’’ in § 23.53(d)(7)(i) means specimens that meet the definition of ‘‘personal effect’’ or ‘‘household effect’’ in § 23.5. Use of CITES specimens after import into the United States (§ 23.55): This section provides conditions for the import and subsequent use of certain CITES specimens. Its purpose is to prevent commercial use of specimens after import into the United States when the trade allowed under CITES is only for a noncommercial purpose. Under Article II of the Treaty, trade in Appendix-I specimens ‘‘must only be authorized in exceptional circumstances.’’ Unless an Appendix-I wildlife or plant specimen qualifies for an exemption under Article VII of the Treaty, it can be imported only when the intended use is not for primarily commercial purposes. The import and subsequent use of Appendix-I specimens and certain Appendix-II specimens, including transfer, donation, or exchange, may be only for noncommercial purposes. Other Appendix-II specimens and any Appendix-III specimen may be used for any lawful purpose after import, unless the trade allowed under CITES is only for noncommercial purposes. See the preambles in our previous rulemaking documents, 71 FR 20167, April 19, 2006 (proposed rule), and 72 FR 48402, August 23, 2007 (final rule), for further discussion. Since publication of our regulations in 2007, we have given further consideration to the allowed use of a specimen within the United States when the listing status of the species changes after a specimen has been imported. We propose to amend this section to clarify that the allowed use after import into the United States is determined by the current status of the specimen under CITES and the ESA, except for a specimen of an AppendixI species or an Appendix-II species annotated for noncommercial purposes that was imported before the species was listed in Appendix I or listed in Appendix II with an annotation disallowing commercial use. Where an individual can demonstrate that his or her specimen was imported with no restrictions on its use after import, prior to the species being listed in Appendix I or Appendix II with a relevant annotation, we propose to continue to allow its unrestricted use within the United States. We have considered the individual who may, for example, have imported PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 Appendix-II specimens that had no restrictions on their domestic use and be lawfully utilizing the specimens as part of a commercial breeding operation. Under our current regulations, he or she may be precluded from continuing such activities if the species is subsequently listed in Appendix I. We do not believe it is necessary for ensuring the conservation and sustainable use of the species to retroactively apply current import-export restrictions to domestic use of specimens that were legally imported prior to the imposition of those restrictions. Therefore, where an individual can clearly demonstrate that his or her specimens were legally imported prior to the Appendix-I listing, we propose not to treat those specimens as specimens of an Appendix-I species with regard to their use within the United States. Consistent with our current regulations, we continue to believe that restrictions on the allowed use after import of specimens of Appendix-I species may be relaxed if the status of the species improves and it is subsequently listed in Appendix II or removed from the Appendices. If the status of a species has changed so that it no longer requires the strict protections (including the prohibition on commercial trade) provided by an Appendix-I listing and it is not listed under the ESA, we see no conservation need for requiring that specimens imported when the species was listed in Appendix I continue to be used only for noncommercial purposes. Other applicable laws, however, may continue to restrict use of the specimen. Under the change we are proposing, if an Appendix-II specimen is imported with no restrictions on its use (i.e., it is not protected under the ESA and it is not subject to an annotation requiring that it be used only for noncommercial purposes) and the species is subsequently transferred to Appendix I, if you can clearly demonstrate that your specimen was imported prior to the Appendix-I listing, use of the specimen within the United States will not change (i.e., it will not be restricted) with the change in the status of the species under CITES. As is currently the case, the allowed use of an Appendix-I specimen imported for noncommercial purposes may change if the species is subsequently transferred to Appendix II or removed from the Appendices. In such a case, the allowed use of the specimen within the United States will be determined by the current listing status of the species, not the status of the species at the time it was imported. We also propose to revise the list in § 23.55(d) of Appendix-I specimens E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules imported with a CITES exemption document that may be used for any lawful purpose after import (unless other restrictions apply), by adding hybrid plants derived from one or more unannotated Appendix-I species exported under a certificate for artificially propagated plants (with a source code ‘‘A’’). The Parties have agreed, in Resolution Conf. 11.11, that such specimens are regarded as being included in Appendix II. Conditions on CITES documents (§ 23.56): We are proposing to update the documents incorporated by reference into our regulations at § 23.23(c)(7) that provide guidance on humane transport of live specimens. (See the preamble discussion for § 23.23.) We propose to update the text at § 23.56(a)(2) regarding humanetransport conditions to reflect these changes. Trade in native CITES furbearer species (§ 23.69): We propose to revise the title of this section and the definition of ‘‘CITES furbearers’’ by adding the phrase ‘‘harvested in the United States’’ to the end of both to clarify the scope of this section. Our current regulations at § 23.69 define ‘‘CITES furbearers’’ to mean bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx canadensis), and the Alaskan populations of gray wolf (Canis lupus) and brown bear (Ursus arctos). For consistency and clarity, we propose to further amend our definition of ‘‘CITES furbearers’’ to include all U.S. populations of gray wolf and brown bear. All five of the species included in our definition of ‘‘CITES furbearers’’ are listed in CITES Appendix II. Certain populations of three of these species, Canada lynx, gray wolf, and brown bear, are also listed under the ESA. We initially considered that only the Alaskan populations of gray wolf and brown bear should be included in our definition of ‘‘CITES furbearers’’ because the Alaskan populations are not ESA-listed. However, the same is true for the Canada lynx, which is included in our definition throughout its U.S. range. Upon further review, we believe it is more appropriate to base the definition of ‘‘CITES furbearers’’ on the CITES listings of these species. The definition in § 23.69 includes those native furbearers for which States may request approval of a CITES export program. Although the State of Alaska is the only State that currently has CITES export approval for gray wolf or brown bear, we do not want to prohibit other States from seeking export approval for these species in the future if the legal VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 and conservation status of their populations change. Section 23.69 details the CITES requirements for import, export, or reexport of fur skins from CITES furbearers and the requirements that must be met for export approval of State or tribal programs for CITES furbearers. Activities involving specimens from populations of CITES furbearers that are protected under the ESA must also meet the requirements for ESA-listed species in part 17 and elsewhere in this title (see § 23.3). Tagging of CITES fur skins and crocodilian skins (§§ 23.69 and 23.70): We propose to amend §§ 23.69 and 23.70 to clarify the appropriate use of CITES replacement tags for CITES fur skins and crocodilian skins. These sections specify that skins with broken, cut, or missing tags may not be exported and provide a procedure for obtaining replacement tags where this is the case. However, the regulations are not intended to allow for the use of CITES replacement tags in place of tags that have been deliberately removed to facilitate processing or for other reasons. Replacement tags are intended to be used to replace CITES tags that have been inadvertently cut or damaged, or where the original CITES tags are lost. Although CITES tags sometimes break during transport or processing and may sometimes fail as a result of a defect, it has been our experience that the failure rate is very low (less than 5 percent) and that replacement tags are needed infrequently. We also propose to amend the phrases in § 23.69 paragraphs (c)(3) and (c)(3)(i) and in § 23.70 paragraphs (d)(3) and (d)(3)(i) referring to ‘‘broken, cut, or missing’’ tags to be more consistent with the terminology used in Resolution Conf. 11.12 (Rev. CoP15). In addition, we propose to incorporate changes to tagging requirements adopted by the Parties at CoP15, including adding ‘‘tamper-resistant’’ to the required characteristics of CITES tags for crocodilians in § 23.70(d)(1)(i) and clarifying that the ‘‘year of production’’ in § 23.70(d)(1)(ii) and (iii) and in § 23.70(d)(3)(ii) refers to the year of skin production. We also propose to remove the requirement in § 23.70(d)(2) that chalecos must have a tag attached to each flank, another change adopted by the Parties at CoP15. Our regulations in § 23.70 pertaining to tagging of crocodilian skins in international trade are based on the tagging requirements laid out in Resolution Conf. 11.12 (Rev. CoP15) and currently require that the year of production or harvest be included in the information permanently stamped on each tag. A question has recently been PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 14207 raised on the CITES Secretariat’s electronic forum for Management Authorities regarding the need for all crocodilian tags to contain the year of production or harvest. We agree with the interpretation put forward on the forum that the relevant language from Resolution Conf. 11.12 (Rev. CoP15) concerning the minimum information to be included on a crocodilian tag (‘‘* * * and, where appropriate, the year of skin production or harvest, in accordance with the provisions of Resolution Conf. 11.16 (Rev. CoP15) * * *’’) indicates that it may not always be appropriate to include the year of skin production or harvest on the tag. We also agree that the resolution language can be interpreted to mean that it is appropriate to include the year of skin production or harvest on tags for specimens subject to Resolution Conf. 11.16 (Rev. CoP15), i.e., specimens of species from populations that have been transferred from Appendix I to Appendix II for ranching, but not necessarily for all other specimens. The resolution leaves some room for interpretation by the Parties. Therefore, we propose to amend § 23.70(d)(1)(ii) to require that the year of skin production or harvest be included only on tags for crocodilian specimens from populations that have been transferred from Appendix I to Appendix II for ranching. The proposed amendment provides discretion for range countries to decide (based on their national management regimes and systems for tracking specimens in trade, etc.) whether it is appropriate for them to include the year of skin production or harvest on tags they issue for specimens other than those specimens from populations of species that have been transferred from Appendix I to Appendix II for ranching. We will continue to include the year of skin production or harvest on U.S. tags for export of American alligator skins because several of our States require that it be included. These proposed amendments will make our regulations more consistent with Resolution Conf. 11.12 (Rev. CoP15). Sturgeon caviar (§ 23.71): We propose to revise this section to provide further guidance on caviar-labeling requirements and the requirements for trade in sturgeon and sturgeon products other than caviar. We propose to amend our definition of ‘‘sturgeon caviar’’ to clarify that it refers to roe processed for human consumption, the commonly understood meaning of the term, and does not include sturgeon or paddlefish eggs or extracts contained in shampoos, cosmetics, lotions, or other products for topical application. These products E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 14208 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules containing sturgeon or paddlefish eggs or extracts are regulated under CITES and must meet the other requirements in part 23, but are not subject to the caviar-labeling requirements in § 23.71. We also propose to remove the reference to ‘‘caviar products’’ from § 23.71(g) and add text in § 23.23(c) and (e) stating the need for CITES documents to clearly indicate the scientific name and exact quantity of each species contained in any product because this requirement applies to all products containing CITES species, not just to products containing sturgeon roe. We also propose to provide information on how U.S. exporters and re-exporters may be added to the ‘‘Register of licensed exporters and of processing and repackaging plants for specimens of sturgeon and paddlefish species’’ maintained by the CITES Secretariat in accordance with Resolution Conf. 12.7 (Rev. CoP14). Sport-hunted trophies (§ 23.74): At the time our current regulations were written, the CITES Parties had not defined ‘‘sport-hunted trophy.’’ We therefore developed the definition in § 23.74(b) based on our experience with international trade in these items and the commonly understood meaning of the term from the dictionary and other wildlife regulations. (See 72 FR 48402, August 23, 2007, for further background.) Prior to CoP15, as part of its regular review of resolutions, the Secretariat suggested that the Parties consider developing a definition of ‘‘hunting trophy’’ that could be added to a CITES resolution. The United States participated in discussions through an online forum prior to CoP15 and in a working group established at CoP15 to consider a CITES definition of ‘‘hunting trophy.’’ At CoP15, the Parties adopted a definition of ‘‘hunting trophy’’ in Resolution Conf. 12.3 (Rev. CoP15). The major difference between the definition in our current CITES regulations and the definition adopted by the Parties is that the definition in Resolution Conf. 12.3 (Rev. CoP15) allows manufactured items derived from the hunted animal to be considered part of a ‘‘hunting trophy,’’ whereas our definition in 50 CFR part 23 specifically excludes such items. We continue to have concerns about the possible import of fully manufactured products as part of a ‘‘hunting trophy’’ when the items were actually purchased at a store or from a taxidermist, for example, and were not made from the sport-hunted trophy animal. Therefore, we propose to incorporate into § 23.74(b) the definition contained in Resolution Conf. 12.3 (Rev. CoP15) with some additional text to clarify the VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 conditions under which we will allow the import into the United States of manufactured items as part of a ‘‘hunting trophy.’’ If we ultimately incorporate the CITES definition into our regulations, we will carefully monitor imports of sport-hunted trophies, particularly imports of manufactured items as parts of sporthunted trophies, to evaluate the impact of this change. If we identify problems with implementation of the new definition that result in increased conservation risks to these species, we will revisit our definition of ‘‘sporthunted trophy’’ and propose revisions as needed. We propose to move the CITES marking requirements for African elephant trophies and the definition of ‘‘lip mark area’’ from the African elephant special rule (50 CFR 17.40(e)) into § 23.74. (See the discussion in the preamble on proposed changes to 50 CFR part 17.) In addition, at CoP15, the Parties adopted a change to the accepted methods for marking of elephant ivory to allow the use of new technologies for permanent marking, including the use of lasers. We propose to incorporate this change and clarify the marking requirements for elephant ivory consistent with Resolution Conf. 10.10 (Rev. CoP15). In addition, we propose to amend § 23.74(d) to clarify that the requirements in that paragraph apply to sport-hunted trophies from populations for which the Conference of the Parties has established an annual export quota. We propose some new text and rearrangement of existing text in § 23.74(d) and a new paragraph § 23.74(e). Although the marking requirements and numbers of trophies from these populations that may be imported have not changed, for clarity, we have laid out these paragraphs in their entirety. ˜ Trade in vicuna (§ 23.75): We propose to add a new section to the regulations to address the requirements for international trade in specimens of ˜ ˜ vicuna. Certain populations of vicuna are listed in Appendix II for the exclusive purpose of allowing international trade in wool sheared from live animals, cloth made from that wool, and products made from the cloth or wool. The CITES Parties have adopted specific requirements for labeling of ˜ these vicuna products in international trade. These requirements are currently contained in our special rule for ˜ threatened vicuna in 50 CFR part 17. We believe it is more appropriate to include these specific CITES requirements in our CITES regulations and therefore we propose to remove them from part 17 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 and insert them into a new section (§ 23.75) in part 23. (See the discussion in the preamble regarding proposed changes to part 17.) We also propose minor changes to more accurately reflect the labeling requirements contained in the current annotations to the CITES ˜ vicuna listings (see the discussion in the preamble regarding changes to the ˜ vicuna special rule in part 17). Roles of the Secretariat and the committees (§ 23.84): At CoP14, the Parties agreed to dissolve the Nomenclature Committee and move its duties and responsibilities to the Animals and Plants Committees. The CoP now appoints a specialist on zoological nomenclature to the Animals Committee and a specialist on botanical nomenclature to the Plants Committee to undertake the work previously performed by the Nomenclature Committee. These individuals are ex officio and non-voting. We propose to incorporate these changes, described in Resolution Conf. 11.1 (Rev. CoP15) and Resolution Conf. 12.11 (Rev. CoP15), into our regulations at § 23.84. Exempt wildlife and plants (§ 23.92): We propose to revise this section to make a distinction between species or specimens that are always exempt from CITES requirements and those that are exempt if they meet certain conditions. Required Determinations Regulatory Planning and Review: The Office of Management and Budget (OMB) has determined that this rule is not significant. OMB bases its determination upon the following four criteria: (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. (b) Whether the rule will create inconsistencies with other agencies’ actions. (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. (d) Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act: Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules and small government jurisdictions) (5 U.S.C. 601 et seq.). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for ‘‘significant impact’’ and a threshold for a ‘‘substantial number of small entities.’’ See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. The U.S. Small Business Administration (SBA) defines a small business as one with annual revenue or employment that meets or is below an established size standard. We expect that the majority of the entities involved with international trade in CITES specimens would be considered small as defined by the SBA. The declared value for U.S. international trade in CITES wildlife (not including plants) was $819 million in 2000, $428 million in 2001, $345 million in 2002, $394 million in 2003, $1.5 billion in 2004 (including one export of a single panda to China with a declared value of $1 billion), $737 million in 2005, $748 million in 2006, $1.0 billion in 2007, and $846 million in 2008. This proposed rule would create no substantial fee or paperwork changes in the permitting process. The regulatory changes are not major in scope and would create only a modest financial or paperwork burden on the affected members of the general public. The proposed change from the current annual reporting requirement for registered facilities breeding AppendixI wildlife to a 5-year renewal requirement would reduce the paperwork burden for these facilities. This proposed rule would benefit businesses engaged in international trade by providing updated and clearer regulations for the international trade of CITES specimens. We do not expect these benefits to be significant under the Regulatory Flexibility Act. The authority to enforce CITES requirements already exists under the ESA and is carried out by regulations contained in 50 CFR part 23. The requirements that must be met to import, export, and reexport CITES species are based on the text of CITES, which has been in effect in the United States since 1975. We therefore certify that this proposed rule would not have a significant economic effect on a VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. Small Business Regulatory Enforcement Fairness Act: This proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: a. Would not have an annual effect on the economy of $100 million or more. This proposed rule provides the importing and exporting community in the United States with updated and more clearly written regulations implementing CITES. This proposed rule would not have a negative effect on this part of the economy. It would affect all importers, exporters, and reexporters of CITES specimens equally, and the benefits of having updated guidance on complying with CITES requirements would be evenly spread among all businesses, whether large or small. There is not a disproportionate share of benefits for small or large businesses. b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, tribal, or local government agencies; or geographic regions. The proposed rule would result in a small increase in fees for registered operations breeding Appendix-I species due to the requirement for renewal of registrations every 5 years. c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This proposed rule would assist U.S. businesses and individuals traveling abroad in ensuring that they are meeting all current CITES requirements, thereby decreasing the possibility that shipments may be delayed or even seized in another country that has implemented CITES resolutions not yet incorporated into U.S. regulations. Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.): a. This proposed rule would not significantly or uniquely affect small governments. A Small Government Agency Plan is not required. As the lead agency for implementing CITES in the United States, we are responsible for monitoring import and export of CITES wildlife and plants, including their parts, products, and derivatives, and issuing import and export documents under CITES. The structure of the program imposes no unfunded PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 14209 mandates. Therefore, this proposed rule would have no effect on small governments’ responsibilities. b. This proposed rule would not produce a Federal requirement of $100 million or greater in any year and is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Takings: Under Executive Order 12630, this proposed rule does not have significant takings implications. A takings implication assessment is not required because the proposed rule would not further restrict the import, export, or re-export of CITES specimens. Rather, the proposed rule would update and clarify the regulations for the import, export, and re-export of CITES specimens, which would assist the importing and exporting community in conducting international trade in CITES specimens. Federalism: These proposed revisions to part 23 do not contain significant Federalism implications. A Federalism Assessment under Executive Order 13132 is not required. Civil Justice Reform: Under Executive Order 12988, the Office of the Solicitor has determined that this proposed rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act: This proposed rule contains a collection of information that we have submitted to OMB for review and approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB approved the information collection requirements associated with the initial registration of commercial facilities that breed CITES Appendix-I animals (FWS Form 3–200–65) and assigned OMB Control Number 1018– 0093, which expires February 28, 2014. Under our current regulations, once a facility is registered, the registration does not expire. We are proposing to limit the length of time a registration is valid to no more than 5 years. Applicants will use Form 3–200–65, the same form used to request the initial registration, to request renewal of a registration. We will use the information collected through the renewal process to determine if an operation still meets the requirements for registration under CITES. There are currently 15 U.S. commercial breeding operations registered with the CITES Secretariat, and we have 9 pending applications for registration. For each operation that wishes to renew its registration, the E:\FR\FM\08MRP3.SGM 08MRP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 14210 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules frequency of response will be at least every 5 years. We estimate that we would have no more than 5 applications for renewal in any given year and that the public burden for this information collection would be 20 hours per response. This estimate includes time for reviewing instructions, gathering and maintaining data, and completing and reviewing the application form. OMB Control No.: 1018–NEW. Title: Renewal of Registration for Appendix-I Commercial Breeding Operations (CITES). Service Form Number(s): 3–200–65. Description of Respondents: Registered commercial facilities that breed Appendix-I (CITES) animals. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: Once every 5 years. Total Annual Number of Responses: 5. Completion Time per Response: 20 hours. Total Annual Burden Hours: 100 hours. Total Annual Non-hour Cost Burden: $250 (application fee of $50 for each renewal). After we issue final regulations, we will incorporate the new information collection burden for Form 3–200–65 into OMB Control No. 1018–0093. As part of our continuing efforts to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on any aspect of the reporting burden associated with this proposed information collection. We specifically invite comments concerning: (1) Whether or not the collection of information is necessary for the proper performance of our management functions involving CITES, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on respondents. If you wish to comment on the information collection requirements of this proposed rule, send your comments directly to OMB (see detailed instructions under the heading Comments on the Information Collection Aspects of this Proposal in the ADDRESSES section). Please identify your comments with 1018–AW82. Please provide a copy of your comments to the Service Information Collection VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 Clearance Officer (see detailed instructions under the heading Comments on the Information Collection Aspects of this Proposal in the ADDRESSES section). National Environmental Policy Act (NEPA): This proposed rule has been analyzed under the criteria of the National Environmental Policy Act, the Department of the Interior procedures for compliance with NEPA (Departmental Manual (DM) and 43 CFR part 46), and Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500–1508). This proposed rule does not amount to a major Federal action significantly affecting the quality of the human environment. An environmental impact statement or evaluation is not required. This proposed rule is a regulation that is of an administrative, legal, technical, or procedural nature, and its environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis under NEPA. The FWS has determined that this proposed rule is categorically excluded from further NEPA (42 U.S.C. 4321 et seq.) review as provided by 516 DM 2, Appendix 1.9, of the Department of the Interior National Environmental Policy Act Revised Implementing Procedures and 43 CFR 46.210(i). No further documentation will be made. Government-to-Government Relationship with Tribes: Under the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951) and 512 DM 2, we have evaluated possible effects on Federally recognized Indian Tribes and have determined that there are no effects. Individual tribal members must meet the same regulatory requirements as other individuals who trade internationally in CITES species. Energy Supply, Distribution, or Use: On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This proposed rule would revise the current regulations in 50 CFR part 23 that implement CITES. The regulations provide procedures to assist individuals and businesses that import, export, and re-export CITES wildlife and plants, and their parts, products, and derivatives, to meet international requirements. This proposed rule would not significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required. Clarity of this regulation: We are required by Executive Orders 12866 and PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, please send us comments by one of the methods listed under the heading General Comments in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Public Comments We are seeking comments on whether the provisions in this proposed rule allow the affected public to effectively comply with CITES. Except for comments concerning the information collection aspects of this proposed rule, you may submit your comments and materials concerning this proposed rule by one of the methods listed under the heading General Comments in the ADDRESSES section. We will not accept comments sent by email or fax or to an address not listed under the heading General Comments in the ADDRESSES section. For information on submitting comments concerning the information collection aspects of this proposed rule, see the DATES, ADDRESSES, and Paperwork Reduction Act sections of this proposal. We will post your entire comment— including your personal identifying information—on https:// www.regulations.gov. If you provide personal identifying information in your written comments, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on https://www.regulations.gov, or by appointment, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays, at the U.S. Fish and Wildlife Service; Division of Management Authority; 4401 N. Fairfax Drive, Suite 212; Arlington, VA 22203; telephone, (703) 358–2093. E:\FR\FM\08MRP3.SGM 08MRP3 14211 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules List of Subjects Proposed Regulation Promulgation 50 CFR Part 13 For the reasons given in the preamble, we propose to amend title 50, chapter I, subchapter B of the CFR as follows: Administrative practice and procedure, Exports, Fish, Imports, Plants, Reporting and recordkeeping requirements, Transportation, Wildlife. 50 CFR Part 17 PART 13—[AMENDED] 1. The authority citation for part 13 continues to read as follows: Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Authority: 16 U.S.C. 668a, 704, 712, 742j– l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701. 50 CFR Part 23 2. Section 13.3 is amended by removing the words ‘‘‘‘Endangered Species Convention’’ (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)’’ from the first sentence and adding in their place the words ‘‘ ‘‘Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)’’.’’ 3. Section 13.11 is amended by: Animals, Endangered and threatened species, Exports, Fish, Foreign trade, Forest and forest products, Imports, Incorporation by reference, Marine mammals, Plants, Reporting and recordkeeping requirements, Transportation, Treaties, Wildlife. § 13.3 [Amended] Type of permit * CFR citation * * § 13.12 General information requirements on applications for permits. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section, certain additional information is required on all permit applications. For CITES permit applications, see part 23 of this subchapter. Additional information required on applications for other types of permits may be found by referring to the sections of this subchapter cited in the following table: * * * * * 17:12 Mar 07, 2012 * Application procedures. * * (d) * * * (4) * * * Jkt 226001 * Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. [Amended] 6. Section 17.9(a)(2) is amended by: a. Removing the words ‘‘Office of’’ and adding in their place the words ‘‘Division of’’; and b. Removing the words ‘‘Room 700’’ and adding in their place the words ‘‘Room 212’’. § 17.11 [Amended] 7. In § 17.11(h), the List of Endangered and Threatened Wildlife, the entries for ‘‘Caiman, brown,’’ ‘‘Caiman, common,’’ and ‘‘Caiman, yacare’’ are amended by, in each entry, removing the number ‘‘17.42(g)’’ from the column titled ‘‘Special rules’’ and adding in its place the number ‘‘17.42(c)’’. PO 00000 * Frm 00013 Fmt 4701 Sfmt 4702 * * * * * 50 § 17.21 5. The authority citation for part 17 continues to read as follows: * Amendment fee * PART 17—[AMENDED] § 17.9 * Fee * * 50 CFR Part 23 ............................ * 4. Section 13.12(b) is amended by: a. Revising the introductory text to read as set forth below; b. In the table, under the heading ‘‘Threatened wildlife and plant permits:’’ removing the entry for ‘‘American alligator—buyer or tanner’’; and c. In the table, removing the final entry, ‘‘Endangered Species Convention permits.’’ VerDate Mar<15>2010 § 13.11 * * * Endangered Species Act/CITES/Lacey Act * * * —Renewal of Registration of Commercial Breeding Operations for Appendix-I wildlife. * a. Adding the words ‘‘the Service’s permits Web page at https:// www.fws.gov/permits/; and the’’ immediately following the colon in the first sentence of subparagraph (b)(3); b. Removing the words ‘‘Room 700’’ from the first sentence of subparagraph (b)(3) and adding in their place the words ‘‘Room 212’’; c. Adding the word ‘‘street’’ immediately before the word ‘‘address’’ in the last sentence of subparagraph (b)(3); and d. Adding an entry to the table in subparagraph (d)(4) under the section titled ‘‘Endangered Species Act/CITES/ Lacey Act’’ immediately following the entry for ‘‘CITES Registration of Commercial Breeding Operations for Appendix-I Wildlife’’ to read as set forth below. [Amended] 8. Section 17.21(g)(2) is amended by: a. Removing the words ‘‘Office of’’ in the first sentence and adding in their place the words ‘‘Division of’’; and b. Adding the words ‘‘Room 212,’’ in the first sentence immediately following the words ‘‘Fairfax Drive,’’. 9. Section 17.40 is amended by: a. Revising subparagraph (b)(1)(i)(B) to read as set forth below; b. Removing the words ‘‘Assistant Regional Director, Division of Law Enforcement, U.S. Fish and Wildlife Service’’ from subparagraphs (b)(1)(i)(C)(3), (b)(1)(i)(D), and (b)(1)(ii) and adding in their place the words ‘‘U.S. Fish and Wildlife Service law enforcement office’’; c. Removing subparagraph (e)(1)(iv); d. Revising subparagraph (e)(3)(iii)(D) to read as set forth below; e. Adding the words ‘‘(Panthera pardus)’’ immediately following the word ‘‘Leopard’’ in the heading of paragraph (f); f. Revising the first sentence of subparagraph (h)(5) to read as set forth below; E:\FR\FM\08MRP3.SGM 08MRP3 14212 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules g. Revising the heading of paragraph (m) to read as set forth below; h. Removing the first sentence following the heading of paragraph (m); i. Revising subparagraphs (m)(1)(ii)and (m)(1)(iii) to read as set forth below; j. Revising subparagraph (m)(2) to read as set forth below; k. Removing the words ‘‘an information notice’’ from the second sentence of subparagraph (m)(3) and adding in their place the words ‘‘a public bulletin’’; l. Removing subparagraphs (m)(3)(i) and (m)(3)(iv); and m. Redesignating subparagraphs (m)(3)(ii) and (m)(3)(iii) as subparagraphs (m)(3)(i) and (m)(3)(ii). § 17.40 Special rules—mammals. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (b) * * * (1) * * * (i) * * * (B) Grizzly bears may be taken in selfdefense or in defense of others, but such taking shall be reported by the individual who has taken the bear or his designee within 5 days of occurrence to the Resident Agent in Charge, Office of Law Enforcement, U.S. Fish and Wildlife Service, 2900 4th Avenue North, Suite 301, Billings, MT 59101 (406–247–7355), if occurring in Montana or Wyoming, or the Special Agent in Charge, Office of Law Enforcement, U.S. Fish and Wildlife Service, P.O. Box 9, Sherwood, OR 97140 (503–521–5300), if occurring in Idaho or Washington, and to appropriate State and Tribal authorities. Grizzly bears taken in self-defense or in defense of others, including the parts of such bears, shall not be possessed, delivered, carried, transported, shipped, exported, received, or sold, except by Federal, State, or Tribal authorities. * * * * * (e) * * * (3) * * * (iii) * * * (D) The trophy is legibly marked in accordance with part 23 of this subchapter. * * * * * (h) * * * (5) Any take pursuant to paragraph (h)(4) of this section must be reported in writing to the U.S. Fish and Wildlife Service, Office of Law Enforcement, 4401 N. Fairfax Drive, LE–3000, Arlington, VA 22203, within 5 days. * * * * * * * * ˜ (m) Vicuna (Vicugna vicugna). (1) * * * (1) * * * VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 (ii) Import, export, and re-export. Except as provided in paragraph (m)(2) of this section, it is unlawful to import, export, or re-export, or present for export or re-export without valid permits as required under parts 17 and ˜ 23 of this subchapter, any vicuna or ˜ vicuna parts and products. For import of embryos, blood, other tissue samples, or ˜ live vicuna, permits required under § 17.32 and part 23 will be issued only for bona fide scientific research contributing to the conservation of the species in the wild. (iii) Other activities. Except as provided in paragraph (m)(2) of this section, it is unlawful to sell or offer for sale, deliver, receive, carry, transport, or ship in interstate or foreign commerce and in the course of a commercial ˜ ˜ activity any vicuna or vicuna parts and products. * * * * * ˜ (2) What activities involving vicuna are allowed by this rule? You may import, export, or re-export, or place in interstate or foreign commerce, raw ˜ wool sheared from live vicunas, cloth made from such wool, or manufactured or handicraft products and articles made from or consisting of such wool or cloth without a threatened species permit issued according to § 17.32 only when the following provisions have been met: (i) The specimens originated from a population listed in CITES Appendix II. (ii) The provisions in parts 13, 14, and 23 of this subchapter are met, including the specific labeling provisions in part 23. (iii) Personal and household effects. Under the provisions of this special rule, raw wool sheared from live ˜ vicunas, cloth made from such wool, or manufactured or handicraft products and articles made from or consisting of such wool or cloth are not granted the personal or household effects exemption described in part 23 of this subchapter. In addition to the provisions of this paragraph (m)(2), such specimens may only be imported, exported, or reexported when accompanied by a valid CITES document. (iv) Labeling of wool sheared from live ˜ vicunas. Any shipment of raw wool ˜ sheared from live vicunas must be sealed with a tamper-proof seal and have the following: (A) An identification tag with a code identifying the country of origin of the ˜ raw vicuna wool and the CITES export permit number; and ˜ (B) The vicuna logotype as defined in 50 CFR part 23 and the words ˜ ‘‘VICUNA—COUNTRY OF ORIGIN’’, where country of origin is the name of ˜ the country from which the raw vicuna wool was first exported. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 (v) At the time of import, the country of origin and each country of re-export involved in the trade of a particular shipment have not been identified by the CITES Conference of the Parties, the CITES Standing Committee, or in a Notification from the CITES Secretariat as a country from which Parties should not accept permits. * * * * * 10. Section 17.44 is amended by: a. Revising the heading of paragraph (y) to read as set forth below; b. Removing the first sentence following the heading of paragraph (y); c. Revising subparagraph (y)(3)(i)(A) to read as set forth below; d. Revising subparagraph (y)(3)(ii) to read as set forth below; e. Removing subparagraph (y)(4)(iii); f. Redesignating subparagraphs (y)(4)(iv) through (y)(4)(vi) as (y)(4)(iii) through (y)(4)(v); g. Revising newly redesignated subparagraph (y)(4)(iii) to read as set forth below; h. Revising the fourth sentence after the heading of subparagraph (y)(5) to read as set forth below; i. Removing the words ‘‘an information bulletin’’ from the first sentence after the heading of subparagraph (y)(6) and adding in their place the words ‘‘a public bulletin’’; and j. Removing the words ‘‘Room 700’’ in the NOTE to paragraph (y)(6) and adding in their place the words ‘‘Room 212’’. § 17.44 Special rules—fishes. * * * * * (y) Beluga sturgeon (Huso huso). * * * (3) * * * (i) * * * (A) Beluga sturgeon caviar, including beluga sturgeon caviar in interstate commerce in the United States, must be labeled in accordance with the CITES labeling requirements in 50 CFR part 23. * * * * * (ii) Personal and household effects. You may import, export, or re-export, or conduct interstate or foreign commerce in beluga sturgeon specimens that qualify as personal or household effects under 50 CFR part 23 without a threatened species permit otherwise required under § 17.32. Trade suspensions or trade restrictions administratively imposed by the Service under paragraphs (y)(6) or (y)(7) of this section may also apply to personal and household effects of beluga sturgeon caviar. * * * * * (4) * * * (iii) CITES compliance. Trade in beluga sturgeon specimens must comply E:\FR\FM\08MRP3.SGM 08MRP3 14213 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules with CITES requirements in 50 CFR part 23. Except as provided in paragraph (y)(3)(ii) of this section, all shipments of beluga sturgeon specimens, including those exempted from threatened species permits under this special rule, must be accompanied by valid CITES documents upon import, export, or re-export. Beluga sturgeon caviar, including beluga sturgeon caviar in interstate commerce in the United States, must be labeled in accordance with the CITES labeling requirements in 50 CFR part 23. (5) * * * Facilities outside the littoral states wishing to obtain such exemptions must submit a written request to the Division of Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 212, Arlington, VA 22203, and provide information that shows at a minimum, all of the following: * * * * * * * * 11. Section 17.62 is amended by: a. Revising subparagraph (a)(4); and b. Revising the third sentence of subparagraph (c)(3), and adding a sentence to the end of that paragraph, to read as set forth below. § 17.62 Permits for scientific purposes or for the enhancement of propagation or survival. * * * * * (a) * * * (4) When the activity applied for involves a species also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, additional requirements in part 23 of this subchapter must be met. * * * * * (c) * * * (3) * * * If the specimens are of taxa also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, specific information must be entered on the Customs declaration label affixed to the outside of each shipping container or package. See part 23 of this subchapter for requirements for trade in CITES specimens between registered scientific institutions. * * * * * 12. Section 17.72 is amended by: a. Revising paragraph (a)(4); and b. Revising the third sentence of paragraph (c)(3), and adding a sentence to the end of that paragraph, to read as set forth below. § 17.72 Permits—general. * * * * * (a) * * * (4) When the activity applied for involves a species also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, additional requirements in part 23 of this subchapter must be met. * * * * * (c) * * * (3) * * * If the specimens are of taxa also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, specific information must be entered on the Customs declaration label affixed to the outside of each shipping container or package. See part 23 of this subchapter for requirements for trade in CITES specimens between registered scientific institutions. * * * * * PART 23—[AMENDED] 13. The authority citation for part 23 continues to read as follows: Authority: Convention on International Trade in Endangered Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. 14. Section 23.2 is amended by: a. Revising the text in the left-hand column of paragraph (b) to read as set forth below; b. Redesignating paragraph (d) as paragraph (e); and c. Adding a new paragraph (d) to read as set forth below. § 23.2 How do I decide if these regulations apply to my shipment or me? * Question on proposed activity * * * * Answer and action * * * * (b) Is the wildlife or plant specimen exempted from CITES requirements (see § 23.92 (b))? * * * * * * * * * * * * * * * * (d) Is the specimen that you possess or want to enter into intrastate or (1) YES. The regulations in this part apply. See § 23.55. interstate commerce subject to restrictions on its use after import? (2) NO. Continue to paragraph (e) of this section. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * 15. Section 23.5 is amended by: a. Revising the definition of Bred for noncommercial purposes by removing the words ‘‘, and is conducted between facilities that are involved in a cooperative conservation program’’ from the end of the sentence; b. Removing the entry for Cooperative conservation program; c. Revising the definitions of Coral (dead), Coral fragments, Coral (live), and Coral sand to read as set forth below; d. Revising the first sentence, and adding a sentence to the end, of the definition of Coral rock to read as set forth below; VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 * * e. Adding, in alphabetical order, a definition of Coral (stony) to read as set forth below; f. Revising the definition of Cultivar to read as set forth below; g. Revising the definition of Introduction from the sea to read as set forth below; and h. Adding, in alphabetical order, a definition of Ranched wildlife to read as set forth below. § 23.5 How are the terms used in these regulations defined? * * * * * Coral (dead) means pieces of stony coral that contain no living coral tissue and in which the structure of the PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 * * * corallites (skeletons of the individual polyps) is still intact and the specimens are therefore identifiable to the level of species or genus. See also § 23.23(c)(13). Coral fragments, including coral gravel and coral rubble, means loose pieces of broken finger-like stony coral between 2 and 30 mm measured in any direction that contain no living coral tissue and are not identifiable to the level of genus (see § 23.92 for exemptions). Coral (live) means pieces of stony coral that are alive and are therefore identifiable to the level of species or genus. See also § 23.23(c)(13). E:\FR\FM\08MRP3.SGM 08MRP3 14214 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Coral rock means hard consolidated material greater than 30 mm measured in any direction that consists of pieces of stony coral that contain no living coral tissue and possibly also cemented sand, coralline algae, or other sedimentary rocks. * * * See also § 23.23(c)(13). Coral sand means material that consists entirely or in part of finely crushed stony coral no larger than 2 mm measured in any direction that contains no living coral tissue and is not identifiable to the level of genus (see § 23.92 for exemptions). Coral (stony) means any coral in the orders Helioporacea, Milleporina, Scleractinia, Stolonifera, and Stylasterina. * * * * * Cultivar means a horticulturally derived plant variety that: (a) Has been selected for a particular character or combination of characters; (b) is distinct, uniform, and stable in these characters; and (c) when propagated by appropriate means, retains these characters. The cultivar name and description must be formally published in order to be recognized under CITES. * * * * * Introduction from the sea means transportation into a country of VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 specimens of any species that were taken in the marine environment not under the jurisdiction of any country, i.e., taken in those marine areas beyond the areas subject to the sovereignty or sovereign rights of a country consistent with international law, as reflected in the United Nations Convention on the Law of the Sea. * * * * * Ranched wildlife means specimens of animals reared in a controlled environment that were taken from the wild as eggs or juveniles where they would otherwise have had a very low probability of surviving to adulthood. See also § 23.34. * * * * * § 23.7 [Amended] 16. Section 23.7 is amended by: a. In paragraph (a) under the Office to contact table heading, removing the words ‘‘Room 700’’ and adding in their place the words ‘‘Room 212’’; and b. In paragraph (b) under the Office to contact table heading, removing the words ‘‘Room 750’’ and adding in their place the words ‘‘Room 110’’. § 23.8 [Amended] 17. Section 23.8 is amended by removing the words ‘‘Numbers 1018– PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 0093 and 1018–0137’’ from the end of the first sentence and adding in their place the words ‘‘Number 1018–0093’’. 18. Section 23.13 is amended by: a. Redesignating paragraph (d) as paragraph (f); b. Adding a new paragraph (d) and a new paragraph (e) to read as set forth below; and c. In the newly redesignated paragraph (f), removing the words ‘‘(a) through (c)’’ and adding in their place the words ‘‘(a) through (e)’’. § 23.13 What is prohibited? * * * * * (d) Use any specimen of a species listed in Appendix I, II, or III of CITES for any purpose contrary to what is allowed under § 23.55. (e) Violate any other provisions of this part. * * * * * 19. Section 23.18 is amended by removing the decision tree and adding in its place the following decision tree. § 23.18 What CITES documents are required to export Appendix-I wildlife? * * * * BILLING CODE 4310–55–P E:\FR\FM\08MRP3.SGM 08MRP3 * Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 § 23.19 What CITES documents are required to export Appendix-I plants? * PO 00000 * * Frm 00017 * Fmt 4701 * Sfmt 4702 E:\FR\FM\08MRP3.SGM 08MRP3 EP08MR12.021</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS3 20. Section 23.19 is amended by removing the decision tree and adding in its place the following decision tree. 14215 14216 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 BILLING CODE 4310–55–C 21. Section 23.23 is amended by: a. Removing the words ‘‘on a form printed’’ in the first sentence of paragraph (b) and adding in their place the word ‘‘issued’’; b. Adding a sentence to the end of subparagraph (c)(1) to read as set forth below; c. Revising subparagraph (c)(7) to read as set forth below; VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 d. Removing the first sentence in the right-hand column of subparagraph (c)(12) and adding in its place two sentences to read as set forth below; e. Removing the first sentence in the right-hand column of subparagraph (c)(13) and adding in its place three sentences to read as set forth below; f. Redesignating subparagraphs (c)(13)(i)(B) through (c)(13)(i)(C) as (c)(13)(i)(C) through (c)(13)(i)(D); PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 g. Adding new subparagraph (c)(13)(i)(B) to read as set forth below; h. Adding the words ‘‘or signature stamp’’ immediately following the words ‘‘original handwritten signature’’ in the first sentence of subparagraph (c)(16); i. Adding a sentence immediately following the first sentence in the righthand column of subparagraph (c)(18) to read as set forth below; E:\FR\FM\08MRP3.SGM 08MRP3 EP08MR12.022</GPH> Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 14217 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules j. Revising the first sentence of subparagraph (c)(21) to read as set forth below; k. Removing the word ‘‘calendar’’ from subparagraph (e)(5)(i); l. Adding a new subparagraph (e)(10)(iv) to read as set forth below; and m. Removing the words ‘‘include hybrids’’ from subparagraph (f)(2)(ii) and adding in their place the words Required information ‘‘treat hybrids as Appendix-I specimens’’. § 23.23 What information is required on U.S. and foreign CITES documents? * * * (c) * * * * * Description (1) * * * * * * For products that contain or consist of more than one CITES species, the Appendix in which each species is listed must be indicated on the CITES document. * * (7) Humane transport of live specimens * * * * * If the CITES document authorizes the export or re-export of live specimens, a statement that the document is valid only if the transport conditions comply with the International Air Transport Association Live Animals Regulations (for animals) or the International Air Transport Association Perishable Cargo Regulations (for plants). A shipment containing live animals must comply with the requirements of the Live Animals Regulations (LAR) 37th edition, October 1, 2010, by the International Air Transport Association (IATA), Reference Number: 9105–37, ISBN 978–92–9233–373–7. A shipment containing live plants must comply with the requirements for plants in IATA’s Perishable Cargo Regulations (PCR) 10th edition, July 1, 2010, Reference Number: 9526–10, ISBN 978–92–9233–371–3. The incorporation by reference of these documents was approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the LAR and PCR may be obtained from IATA, 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, by calling 1–800–716–6326, or ordering through the Internet at https:// www.iata.org. Copies may be inspected at the U.S. Management Authority, Fish and Wildlife Service, 4401 N. Fairfax Dr., Room 212, Arlington, VA 22203 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_locations.html. * (12) * * * * * * * * * The quantity of specimens authorized in the shipment and, if appropriate, the unit of measurement using the metric system. For products that contain or consist of more than one CITES species, the quantity of each species must be indicated on the CITES document. * (13) * * * * * * * * * The scientific name of the species, including the subspecies when needed to determine the level of protection of the specimen under CITES. For products that contain or consist of more than one CITES species, the scientific name of each species must be indicated on the CITES document. Scientific names must be in the standard nomenclature as it appears in the CITES Appendices or the references adopted by the CoP. * * * (i) * * * (B) If the species cannot be determined for worked specimens of black coral, specimens may be identified at the genus level. If the genus cannot be determined for worked specimens of black coral, the scientific name to be used is the order Antipatharia. Raw black coral and live black coral must be identified to the level of species. * (18) * * * * * * * * * * * * For products that contain or consist of more than one CITES species, the source code of each species must be indicated on the CITES document. * * * * (21) * * * * * * * * * Except as provided for replacement (§ 23.52(f)) or retrospective (§ 23.53(f)) CITES documents, the actual quantity of specimens exported or re-exported: * * * * * * * * (e) * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Type of document Additional required information * * (10) * * * ............................................................ * * * * * * * * (iv) For products that contain or consist of more than one CITES species, the information in (i)–(iii) for each species must be indicated on the CITES document. * VerDate Mar<15>2010 * 17:59 Mar 07, 2012 * Jkt 226001 PO 00000 * Frm 00019 Fmt 4701 * Sfmt 4702 E:\FR\FM\08MRP3.SGM * 08MRP3 * 14218 § 23.24 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules [Amended] 22. Section 23.24 is amended by: a. Removing the words ‘‘which should be’’ in the first sentence of the introductory text and adding in their place the words ‘‘which may be’’; b. Adding the words ‘‘(see § 23.5)’’ immediately following the words ‘‘Captive-bred’’ in subparagraph (d)(2)(i); c. Removing subparagraph (d)(2)(iii); d. Removing the words ‘‘to be used’’ in paragraph (f) and adding in their place the words ‘‘may be used’’; and e. Removing the words ‘‘(wildlife that originated from a ranching operation).’’ in paragraph (g) and adding in their place the words ‘‘(see § 23.5).’’ 23. Section 23.26 is amended by: a. Revising the sentence in the righthand column of subparagraph (c)(8) to read as set forth below; b. Redesignating subparagraphs (d)(4) through (d)(8) as (d)(5) through (d)(9); c. Adding new subparagraph (d)(4) to read as set forth below; d. Redesignating newly designated subparagraphs (d)(7) through (d)(9) as subparagraphs (d)(8) through (d)(10); e. Adding new subparagraph (d)(7) to read as set forth below; and f. Adding new subparagraph (d)(11) to read as set forth below. § 23.26 When is a U.S. or foreign CITES document valid? * * * (c) * * * * * Key phrase Conditions for an acceptable CITES document * * (8) * * * .............................................................. * * * * * Live wildlife or plants were transported in compliance with the International Air Transport Association Live Animals Regulations (for animals) or the International Air Transport Association Perishable Cargo Regulations (for plants) (See § 23.23(c)(7).) * * * (d) * * * (4) The CITES document includes a species for which the Secretariat has published an annotated quota. * * * * * (7) We know or have reasonable grounds to believe that an Appendix-I specimen was not bred at a facility registered with the CITES Secretariat and that the purpose of the import is commercial. * * * * * (11) The export permit or re-export certificate does not contain validation or certification by an inspecting official at the time of export of the actual quantity exported or re-exported. 24. Section 23.27 is amended by: a. Adding two sentences to the end of paragraph (a) to read as set forth below; and * * b. Adding the words ‘‘exporting or reexporting’’ immediately following the words ‘‘Officials in each’’ in the first sentence of paragraph (c). § 23.27 What CITES documents do I present at the port? (a) * * * Article VI, paragraph 6, of the Treaty requires that the Management Authority of the importing country cancel and retain the export permit or re-export certificate and any corresponding import permit presented. In the United States, for imports of CITES-listed plant specimens, CITES inspecting officials cancel and submit original CITES documents to the U.S. Management Authority. * * * * * 25. Section 23.34 is amended by: * * a. Removing the words ‘‘Exempt plant material’’ from the left-hand column of subparagraph (b)(3) and adding in their place the words ‘‘Grown from exempt plant material’’; b. Redesignating subparagraphs (b)(6) through (b)(8) as subparagraphs (b)(7) through (b)(9); c. Adding a new subparagraph (b)(6) to read as set forth below; and d. Revising the footnote at the end of subparagraph (b) to read as set forth below. § 23.34 What kinds of records may I use to show the origin of a specimen when I apply for a U.S. CITES document? * * * (b) * * * * * Types of records * * (6) Ranched wildlife ............................................ mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Source of specimen * * * * * (i) Records, such as permits, licenses, and tags, that demonstrate that the specimen was legally removed from the wild under relevant Federal, tribal, State, or local wildlife conservation laws or regulations: (A) If taken on private or tribal land, permission of the landowner if required under applicable law. (B) If taken in a national, State, or local park, refuge or other protected area, permission from the applicable agency, if required. (ii) Records that document the rearing of specimens at the facility: (A) Number of specimens (by sex and age- or size-class) at the facility. (B) How long the specimens were reared at the facility. (C) Signed and dated statement by the owner or manager of the facility that the specimens were reared at the facility in a controlled environment. (D) Marking system, if applicable. (E) Photographs or video of the facility. * * * * * * * 1 If the wildlife was born in captivity from an egg collected in the wild or from parents that mated or exchanged genetic material in the wild, see paragraphs (b)(6) and (b)(9). If the plant was propagated from a non-exempt propagule collected from a wild plant, see paragraph (b)(9). VerDate Mar<15>2010 17:59 Mar 07, 2012 Jkt 226001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\08MRP3.SGM 08MRP3 14219 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules American Alligator Taken under an Approved State or Tribal Program’’ and adding in its place the entry ‘‘Export of Skins of Bobcat, Canada Lynx, River Otter, Brown Bear, Gray Wolf, and American Alligator Taken under an Approved State or Tribal Program’’; c. In subparagraph (b)(1) of the table, removing the entry ‘‘Trophies by Taxidermists’’ and adding in its place * * * * * 26. Section 23.36 is amended by: a. Adding, in alphabetical order, two entries to the left-hand column of the table in subparagraph (b)(1) and two corresponding entries to the right-hand column of the table, to read as set forth below; b. In subparagraph (b)(1) of the table, removing the entry ‘‘Export of Skins/ Products of Bobcat, Canada Lynx, River Otter, Brown Bear, Gray Wolf, and the entry ‘‘Trophies by Hunters or Taxidermists’’; and d. In the last entry of subparagraph (b)(1), adding the words ‘‘(Live Animals/Samples/Parts/Products)’’ immediately following the words ‘‘Wildlife, Removed from the Wild’’. § 23.36 What are the requirements for an export permit? * * * (b) * * * * * Type of application for an export permit Form No. (1) CITES: * * * * * * Caviar/Live Eggs/Meat of Paddlefish or Sturgeon, From an Aquaculture Facility .................................................................................. * 3–200–80 * * * * * * Master File for the Export of Live Animals Bred-in-Captivity .................................................................................................................. * 3–200–85 * * § 23.40 * * * [Amended] 27. Section 23.40 is amended by: a. Removing the words ‘‘include hybrids in the listing’’ from subparagraph (d)(2)(iii) and adding in their place the words ‘‘treat hybrids as Appendix-I specimens’’; b. Adding the words ‘‘or spore’’ in subparagraph (e)(1) immediately following the words ‘‘from a wild seed’’; c. Removing the words ‘‘include hybrids in the listing’’ from subparagraph (e)(2) and adding in their place the words ‘‘treat hybrids as Appendix-I specimens’’; and d. Adding the words ‘‘(See § 23.47.)’’ after the last sentence in subparagraph (e)(2). § 23.41 [Amended] 28. Section 23.41 is amended by adding the words ‘‘, 3–200–80, or 3– 200–85’’ immediately following the words ‘‘Form 3–200–24’’ in paragraph (c). mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 23.42 [Amended] 29. Section 23.42 is amended by removing the words ‘‘include hybrids’’ from paragraph (b) and adding in their place the words ‘‘treat hybrids as Appendix-I specimens’’. 30. Section 23.43 is amended by revising subparagraph (f)(2) and adding a new subparagraph (f)(3) to read as set forth below. § 23.43 What are the requirements for a wildlife hybrid? * * * * * (f) * * * (2) For import, export, or re-export of an exempt wildlife hybrid without CITES documents, you must provide VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 information at the time of import or export to clearly demonstrate that your specimen has no purebred CITES specimens in the previous four generations of its ancestry. If you are unable to clearly demonstrate this, you must obtain CITES documents. The information you provide must clearly identify the specimen and demonstrate its recent lineage. Such information may include, but is not limited to, the following: (i) Records that identify the name and address of the breeder and identify the specimen by birth or hatch date and by sex, band number, microchip number, or other mark. (ii) Certified pedigree issued by an internationally recognized association that contains scientific names of the animals in the specimen’s recent lineage and clearly illustrates its genetic history. If the pedigree contains codes, you must provide a key or guide that explains the meaning of the codes. (3) Although a CITES document is not required for an exempt wildlife hybrid, you must follow the clearance requirements for wildlife in part 14 of this subchapter, including the prior notification requirements for live wildlife. 31. Section 23.44 is amended by revising the section heading and adding a new subparagraph (e)(7) to read as set forth below. § 23.44 What are the requirements for traveling internationally with my personally owned live wildlife? * * * * * (e) * * * (7) You must return the wildlife to the United States before the certificate expires. 32. Section 23.46 is amended by: PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 a. Removing the words ‘‘facilitate a dialogue for resolution of the identified problems within 60 days.’’ from the end of the last sentence of subparagraph (b)(3) and adding in their place the words ‘‘allow a further 30 days for resolution of the identified problems.’’; b. Revising subparagraph (b)(4) to read as set forth below; c. Removing subparagraphs (b)(5) and (b)(6); d. Redesignating subparagraphs (b)(7) through (b)(12) as subparagraphs (b)(5) through (b)(10); e. Revising the first sentence of newly redesignated subparagraph (b)(7), and adding a sentence following the first sentence of that subparagraph to read as set forth below; f. Adding a sentence immediately following the first sentence of newly redesignated subparagraph (b)(8) to read as set forth below; g. Revising the last sentence of newly redesignated subparagraph (b)(8) by removing the words ‘‘, and the Animals Committee will review the operation to determine whether it should remain registered’’; h. Revising newly redesignated subparagraph (b)(10) by removing the words ‘‘bred at a commercial breeding operation that is registered with the CITES Secretariat as provided in this section’’ and adding in their place the words ‘‘bred-in-captivity (see § 23.63)’’; i. Removing subparagraph (e)(3); j. Redesignating subparagraph (e)(4) as subparagraph (e)(3); k. Adding a new subparagraph (e)(4) to read as set forth below; l. Redesignating paragraphs (f) through (h) as paragraphs (h) through (j); m. Adding a new paragraph (f) to read as set forth below; E:\FR\FM\08MRP3.SGM 08MRP3 14220 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules n. Adding a new paragraph (g) to read as set forth below; and o. Removing the words ‘‘Form 3–200– 24’’ from newly designated paragraph (i) and adding in their place the words ‘‘the appropriate form (see § 23.36)’’. § 23.46 What are the requirements for registering a commercial breeding operation for Appendix-I wildlife and commercially exporting specimens? mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (b) * * * (4) If the objection is not withdrawn or the identified problems are not resolved within the 30-day period, the Secretariat will submit the application to the Standing Committee at its next regular meeting. The Standing Committee will determine whether the objection is justified and decide whether to accept the application. * * * * * (7) If a Party believes that a registered operation does not meet the bred-incaptivity requirements, it may, after consultation with the Secretariat and the Party concerned, propose to the Standing Committee that the operation be deleted from the register. At its following meeting, the Standing Committee will consider the concerns raised by the objecting Party, and any comments from the registering Party and the Secretariat, and determine whether the operation should be deleted from the register. * * * (8) * * * In the United States, we will monitor registered operations, in part, by requiring each operation to apply for renewal and demonstrate that it continues to qualify for registration at least once every 5 years. (See paragraphs (e)(4) and (f) of this section.) * * * * * * * * (e) * * * (4) Registrations will be valid for a period not to exceed 5 years. Registrants who wish to remain registered must request renewal before the end of the period of validity of the registration. (f) U.S. application to renew a registration. Requests for renewal of a registration should be submitted at least 3 months before the registration expires. Complete Form 3–200–65 and submit it to the U.S. Management Authority. (g) Criteria for renewal of U.S. registrations. To renew your registration, you must provide sufficient information for us to find that your proposed activity continues to meet all of the criteria in paragraph (d) of this section. * * * * * 33. Section 23.47 is amended by adding a sentence to the end of paragraph (a) to read as set forth below. VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 § 23.47 What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes? (a) * * * This section does not apply to hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens (see § 23.40). * * * * * 34. Section 23.52 is amended by: a. Removing the last sentence of paragraph (a) and adding in its place two new sentences to read as set forth below; b. Adding a new subparagraph (b)(6) to read as set forth below; c. Revising the introductory text of paragraph (d) to read as set forth below; d. Redesignating subparagraphs (d)(1) and (d)(2) as (d)(1)(i) and (d)(1)(ii); e. Adding a new paragraph (d)(1) to read as set forth below; f. Adding a new subparagraph (d)(1)(iii) to read as set forth below; and g. Adding a new paragraph (d)(2) to read as set forth below. § 23.52 What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document? (a) * * * To renew a U.S. CITES document, see part 13 of this subchapter. To amend a U.S. CITES document, see part 13 of this subchapter if the activity has not yet occurred or, if the activity has already occurred, see § 23.53 of this part. (b) * * * (6) In the United States, you may not use an original single-use CITES document issued under a CITES master file or CITES annual program as a replacement document for a shipment that has already left the country. * * * * * (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign documents. (1) When applying for a U.S. replacement document, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (i) * * * (ii) * * * (iii) The specimens were presented to the appropriate official for inspection at the time of import and a request for a replacement CITES document was made at that time. (2) For acceptance of foreign CITES replacement documents in the United States, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (i) The specimens were presented to the appropriate official for inspection at PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 the time of import and a request for a replacement CITES document was made at that time. (ii) The importer or the importer’s agent submitted a signed, dated, and notarized statement at the time of import that describes the circumstances that resulted in the CITES document being lost, damaged, stolen, or accidentally destroyed. (iii) The importer or the importer’s agent provided a copy of the original lost, stolen, or accidentally destroyed document at the time of import showing that the document met the requirements in §§ 23.23, 23.24, and 23.25. * * * * * 35. Section 23.53 is amended by: a. Revising paragraph (a) to read as set forth below; b. Adding a new subparagraph (b)(8) to read as set forth below; c. Revising subparagraph (d)(6)(ii) to read as set forth below; and d. Adding the words ‘‘as defined in § 23.5’’ to the end of the sentence in subparagraph (d)(7)(i). § 23.53 What are the requirements for obtaining a retrospective CITES document? (a) Retrospective CITES documents may be issued and accepted in certain limited situations after an export or reexport has occurred, but before the shipment is cleared for import. When specific conditions are met, a retrospective CITES document may be issued to authorize trade that has taken place without a CITES document or to correct certain technical errors in a CITES document after the authorized activity has occurred. (b) * * * (8) In the United States, you may not use a U.S. CITES document issued under a CITES master file or CITES annual program as a retrospective CITES document. * * * * * (d) * * * (6) * * * (ii) The Management Authority unintentionally made a technical error when issuing the CITES document that was not prompted by information provided by the applicant. * * * * * 36. Section 23.55 is amended by: a. Revising the introductory text to read as set forth below; b. Revising the table’s headings to read as set forth below; c. Revising the text in the first block of the right-hand column of the table, which corresponds to paragraphs (a), (b), and (c) in the left-hand column of the table, to read as set forth below; E:\FR\FM\08MRP3.SGM 08MRP3 14221 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules d. Adding the words ‘‘or Appendix III’’ immediately following the words ‘‘Appendix II’’ in paragraph (c); e. Adding the word ‘‘lawful’’ immediately before the word ‘‘purpose’’ in the first phrase in the second block of the right-hand column of the table, which corresponds to paragraphs (d), (e), and (f) in the left-hand column of the table; f. Redesignating subparagraph (d)(5) as (d)(6); g. Adding a new subparagraph (d)(5) to read as set forth below; and h. Revising paragraph (f) to read as set forth below. § 23.55 How may I use a CITES specimen after import into the United States? In addition to the provisions in § 23.3, you may only use CITES specimens after import into the United States for the following purposes: If the species is listed in Allowed use within the United States (a) * * * .............................................................. (b) * * * (c) * * * The specimen may be used, including a transfer, donation, or exchange, only for noncommercial purposes. In cases where the species was listed in CITES Appendix I or in Appendix II with an annotation for noncommercial purposes subsequent to the import of your specimen, if you are able to demonstrate (using records or other evidence) that your specimen was imported prior to the Appendix-I or annotated Appendix-II listing, with no restrictions on its use after import, you may continue to use the specimen as indicated in paragraphs (d), (e) and (f) of this section. * * (d) * * *. (5) Certificate for artificially propagated plants with a source code of ‘‘A’’ for artificially propagated hybrid specimens derived from one or more unannotated Appendix-I species or other taxa. * * *. * * * * * * * (f) Appendix III, other than those in paragraph (c) of this section. * * * * * 37. Section 23.56 is amended by revising subparagraph (a)(2) to read as set forth below. § 23.56 What U.S. CITES document conditions do I need to follow? (a) * * * (2) For export and re-export of live wildlife and plants, transport conditions must comply with the International Air Transport Association Live Animals Regulations (for animals) or the International Air Transport Association Perishable Cargo Regulations (for plants) (See § 23.23(c)(7).) * * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 23.64 [Amended] 38. In § 23.64, subparagraph (g)(4)(ii) is amended by adding the words ‘‘or spores’’ immediately following the words ‘‘to collect seeds’’. 39. Section 23.69 is amended by: a. Revising the title of the section and the first sentence of paragraph (a) to read as set forth below; b. Revising the first two sentences of paragraph (c)(3) to read as set forth below; c. Removing the words ‘‘broken, cut, or missing’’ from the first sentence of subparagraph (c)(3)(i) and adding in their place the words ‘‘inadvertently removed, damaged, or lost’’; d. Removing the words ‘‘is broken or cut’’ from the third sentence of subparagraph (c)(3)(i) and adding in their place the words ‘‘has been inadvertently removed or damaged’’; VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 e. Removing the word ‘‘missing’’ in the fourth sentence of subparagraph (c)(3)(i) and adding in its place the word ‘‘lost’’; f. Adding the words ‘‘or to export products made from fur skins’’ immediately following the words ‘‘approved program’’ in subparagraph (e)(2); and g. Adding the words ‘‘or products made from fur skins’’ immediately following the words ‘‘To re-export fur skins’’ in subparagraph (e)(3). § 23.69 How can I trade internationally in fur skins and fur skin products of bobcat, river otter, Canada lynx, gray wolf, and brown bear harvested in the United States? (a) * * * For purposes of this section, CITES furbearers means bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx canadensis), gray wolf (Canis lupus), and brown bear (Ursus arctos) harvested in the United States. * * * * * * * * (c) Fur skins without a CITES tag permanently attached may not be exported or re-exported. If the CITES tag has been inadvertently removed, damaged, or lost you may obtain a replacement tag. * * * * * * * * 40. Section 23.70 is amended by: a. Adding the word ‘‘tamperresistant,’’ immediately following the word ‘‘Be’’ in subparagraph (d)(1)(i); b. Revising subparagraph (d)(1)(ii) to read as set forth below; PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 c. Adding the word ‘‘skin’’ immediately before the words ‘‘production or harvest’’ in subparagraph (d)(1)(iii); d. Revising paragraph (d)(2) to read as set forth below; e. Revising the first two sentences of paragraph (d)(3) to read as set forth below; f. Removing the words ‘‘broken, cut, or missing’’ from the first sentence of subparagraph (d)(3)(i) and adding in their place the words ‘‘inadvertently removed, damaged, or lost’’; g. Removing the words ‘‘is broken or cut’’ from the fourth sentence of subparagraph (d)(3)(i) and adding in their place the words ‘‘has been inadvertently removed or damaged’’; h. Removing the word ‘‘missing’’ in the fifth sentence of subparagraph (d)(3)(i) and adding in its place the word ‘‘lost’’; i. Adding the word ‘‘skin’’ immediately before the words ‘‘production or harvest’’ in the first sentence of subparagraph (d)(3)(ii); j. Adding the words ‘‘except for products made from American alligators,’’ immediately following the words ‘‘State or tribal program,’’ in subparagraph (h)(1); k. Adding the words ‘‘or to export products made from American alligators,’’ immediately following the words ‘‘approved program,’’ in subparagraph (h)(2); l. Redesignating subparagraph (h)(3) as subparagraph (h)(4); and E:\FR\FM\08MRP3.SGM 08MRP3 14222 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules m. Adding a new subparagraph (h)(3) to read as set forth below. i. Adding new paragraph (i) to read as set forth below. § 23.70 How can I trade internationally in American alligator and other crocodilian skins, parts, and products? § 23.71 How can I trade internationally in sturgeon caviar? mstockstill on DSK4VPTVN1PROD with PROPOSALS3 * * * * * (d) * * * (1) * * * (ii) Be permanently stamped with the two-letter ISO code for the country of origin, a unique serial number, a standardized species code (available on our Web site; see § 23.7), and for specimens of species from populations that have been transferred from Appendix I to Appendix II for ranching, the year of skin production or harvest. For American alligator, the export tags include the US–CITES logo, an abbreviation for the State or Tribe of harvest, a standard species code (MIS = Alligator mississippiensis), the year of skin production or harvest, and a unique serial number. * * * * * (2) Skins, flanks, and chalecos must be individually tagged. * * * * * (3) Skins without a non-reusable tag permanently attached may not be exported or re-exported. If the tag has been inadvertently removed, damaged, or lost you may obtain a replacement tag. * * * * * * * * (h) * * * (3) To re-export crocodilian specimens, complete Form 3–200–73 and submit it to either FWS Law Enforcement or the U.S. Management Authority. * * * * * 41. Section 23.71 is amended by: a. Revising paragraph (a) to read as set forth below; b. Adding a sentence to the end of subparagraphs (b)(1)(i), (b)(1)(iv), and (b)(1)(v) to read as set forth below; c. Revising subparagraph (b)(1)(ii) to read as set forth below; d. Adding a sentence to the end of (b)(2)(iv) to read as set forth below; e. Revising (b)(3)(iii) to read as set forth below; f. Removing the words ‘‘and caviar products that consist’’ from paragraph (g) and adding in their place the words ‘‘that consists’’; g. Adding the words ‘‘or Form 3–200– 80’’ immediately following the words ‘‘Form 3–200–76’’ in the third sentence of paragraph (h); h. Removing the words ‘‘to FWS Law Enforcement’’ from the end of the last sentence in paragraph (h) and adding in their place the words ‘‘either to FWS Law Enforcement or the U.S. Management Authority’’; and VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 (a) U.S. and foreign provisions. For the purposes of this section, sturgeon caviar or caviar means the processed roe of any species of sturgeon or paddlefish (order Acipenseriformes). It does not include sturgeon or paddlefish eggs contained in shampoos, cosmetics, lotions, or other products for topical application. The import, export, or reexport of sturgeon caviar must meet the requirements of this section and the other requirements of this part. The import, export, or re-export of Acipenseriformes specimens other than caviar must meet the other requirements of this part. See subparts B and C for prohibitions and application procedures. (b) * * * (1) * * * (i) * * * In the United States, the design of the label will be determined by the labeler in accordance with the requirements of this section. (ii) Primary container means any container (tin, jar, pail or other receptacle) in direct contact with the caviar. * * * * * (iv) * * * In the United States, this may be done by the person who harvested the roe. (v) * * * This includes any facility where caviar is removed from the container in which it was received and placed in a different container. * * * * * (2) * * * (iv) * * * This is either the calendar year in which caviar was harvested or, for caviar imported from shared stocks subject to quotas, the quota year in which it was harvested. * * * * * (3) * * * (iii) Lot identification number or, for caviar that is being re-exported, the CITES document number under which it was imported may be used in place of the lot identification number. * * * * * (i) CITES register of exporters and of processing and repackaging plants. The CITES Secretariat maintains a ‘‘Register of licensed exporters and of processing and repackaging plants for specimens of sturgeon and paddlefish species’’ on its Web site. If you hold a current import/ export license issued by FWS Law Enforcement and wish to be added to the CITES register, you may submit your contact information and processing or repackaging plant codes to the U.S. PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 Management Authority for submission to the CITES Secretariat. 42. Section 23.74 is amended by: a. Revising paragraph (b) to read as set forth below; b. Revising paragraph (d) to read as set forth below; and c. Adding a new paragraph (e) to read as set forth below. § 23.74 How can I trade internationally in personal sport-hunted trophies? * * * * * (b) Sport-hunted trophy means a whole dead animal or a readily recognizable part or derivative of an animal specifically identified on accompanying CITES documents that meets the following criteria: (1) Is raw, processed, or manufactured; (2) Was legally obtained by the hunter through hunting for his or her personal use; (3) Is being imported, exported, or reexported by or on behalf of the hunter as part of the transfer from its country of origin ultimately to the hunter’s country of usual residence; and (4) Includes worked, manufactured, or handicraft items made from the sporthunted animal only when: (i) Such items are contained in the same shipment as raw or tanned parts of the sport-hunted animal and are for the personal use of the hunter; (ii) The quantity of such items is no more than could reasonably be expected given the number of animals taken by the hunter as shown on the license or other documentation of the authorized hunt accompanying the shipment; and (iii) The accompanying CITES documents (export document and, if appropriate, import permit) contain a complete itemization and description of all items included in the shipment. * * * * * (d) Quantity. The following provisions apply to the issuance and acceptance of U.S. and foreign documents for sport-hunted trophies originating from a population for which the Conference of the Parties has established an export quota. The number of trophies that one hunter may import in any calendar year for the following species is: (1) No more than two leopard (Panthera pardus) trophies. (2) No more than one markhor (Capra falconeri) trophy. (3) No more than one black rhinoceros (Diceros bicornis) trophy. (e) Marking or tagging. (1) The following provisions apply to the issuance and acceptance of U.S. and foreign documents for sport-hunted trophies originating from a population E:\FR\FM\08MRP3.SGM 08MRP3 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 for which the Conference of the Parties has established an export quota. Each trophy imported, exported, or reexported must be marked or tagged in the following manner: (i) Leopard and markhor: Each raw or tanned skin must have a self-locking tag inserted through the skin and permanently locked in place using the locking mechanism of the tag. The tag must indicate the country of origin, the number of the specimen in relation to the annual quota, and the calendar year in which the specimen was taken in the wild. A mounted sport-hunted trophy must be accompanied by the tag from the skin used to make the mount. (ii) Black rhinoceros: Parts of the trophy, including, but not limited to, skin, skull, or horns, whether mounted or loose, should be individually marked with reference to the country of origin, species, the number of the specimen in relation to the annual quota, and the year of export. (iii) Crocodilians: See marking requirements in § 23.70. (iv) The export permit or re-export certificate or an annex attached to the permit or certificate must contain all the information that is given on the tag. (2) African elephant (Loxodonta africana). The following provisions apply to the issuance and acceptance of U.S. and foreign documents for sporthunted trophies of African elephant. The trophy ivory must be legibly marked by means of punch-dies, indelible ink, or other form of permanent marking, under a marking and registration system established by the country of origin, with the following formula: The country of origin represented by the corresponding twoletter ISO country code; the last two digits of the year; the serial number for the year in question; and the weight of the ivory in kilograms. The mark must be highlighted with a flash of color and placed on the lip mark area. The lip mark area is the area of a whole African elephant tusk where the tusk emerges from the skull and which is usually denoted by a prominent ring of staining on the tusk in its natural state. * * * * * 43. Section 23.75 is added to read as set forth below: § 23.75 How can I trade internationally in ˜ vicuna (Vicugna vicugna)? (a) U.S. and foreign general provisions. The import, export, or re˜ export of specimens of vicuna must VerDate Mar<15>2010 17:12 Mar 07, 2012 Jkt 226001 meet the requirements of this section and the other requirements of this part (see subparts B and C for prohibitions and application procedures). Certain ˜ populations of vicuna are listed in Appendix II for the exclusive purpose of allowing international trade in wool ˜ sheared from live vicunas, cloth made from such wool, and products manufactured from such wool or cloth. ˜ All other specimens of vicuna are deemed to be specimens of species included in Appendix I. ˜ (b) Vicuna Convention means the ´ Convenio para la Conservacion y ˜ ˜ Manejo de la Vicuna of which vicuna range countries are signatories. ˜ (c) Vicuna logotype means the ˜ logotype adopted by the vicuna range ˜ countries under the Vicuna Convention. (d) Country of origin for the purposes ˜ of the vicuna label means the name of ˜ the country where the vicuna wool in the cloth or product originated. ˜ (e) Wool sheared from live vicuna, cloth from such wool, and products manufactured from such wool or cloth may be imported from Appendix-II populations only when they meet the labeling requirements in paragraph (f) of this section. (f) Labeling requirements. Except for cloth containing CITES pre-Convention ˜ wool of vicuna, you may import, export, ˜ or re-export vicuna cloth only when the reverse side of the cloth bears the ˜ vicuna logotype and the selvages bear ˜ the words ‘‘VICUNA—COUNTRY OF ORIGIN’’. Specimens of other products ˜ manufactured from vicuna wool or cloth ˜ must bear a label that has the vicuna logotype and the designation ˜ ‘‘VICUNA—COUNTRY OF ORIGIN— ARTESANIA’’. Each specimen must bear such a label. For import into the United States of raw wool sheared from ˜ live vicuna, see the labeling requirements in 50 CFR 17.40(m). 44. Section 23.84 is amended by: a. Removing the word ‘‘four’’ and adding in its place the word ‘‘three’’ in the first sentence of paragraph (b); b. Removing the words ‘‘assist the Nomenclature Committee in the development and maintenance of’’ in subparagraph (b)(2)(i) and adding in their place the words ‘‘develop and maintain’’; c. Adding subparagraph (b)(2)(iii) to read as set forth below; and d. Removing subparagraph (b)(3). § 23.84 What are the roles of the Secretariat and the committees? * PO 00000 * * Frm 00025 * Fmt 4701 * Sfmt 9990 14223 (b) * * * (2) * * * (iii) The CoP appoints a specialist on zoological nomenclature to the Animals Committee and a specialist on botanical nomenclature to the Plants Committee. These specialists are ex officio and nonvoting, and are responsible for developing or identifying standard nomenclature references for wildlife and plant taxa and making recommendations on nomenclature to Parties, the CoP, other committees, working groups, and the Secretariat. 45. Section 23.92 is amended by: a. Removing the words ‘‘paragraph (b)’’ and adding in their place the words ‘‘paragraphs (b) and (c)’’ in paragraph (a); b. Removing the words ‘‘and do not need CITES documents’’ from the first sentence of paragraph (b); c. Revising subparagraph (b)(2) to read as set forth below; d. Adding the introductory text of a new paragraph (c) and a subparagraph (c)(1) to read as set forth below; and e. Redesignating subparagraphs (b)(3) through (b)(8) as subparagraphs (c)(2) through (c)(7). § 23.92 Are any wildlife or plants, and their parts, products, or derivatives, exempt? * * * * * (b) * * * (2) Plant hybrids. Specimens of an Appendix-II or -III plant taxon with an annotation that specifically excludes hybrids. (c) The following are exempt from CITES document requirements when certain criteria are met. (1) Plant hybrids. Seeds and pollen (including pollinia), cut flowers, and flasked seedlings or tissue cultures of hybrids that qualify as artificially propagated (see § 23.64) and that were produced from one or more AppendixI species or taxa that are not annotated to treat hybrids as Appendix-I specimens. * * * * * Appendix A to 50 CFR Chapter I— [Amended] 46. Remove Appendix A to Chapter I. Dated: February 1, 2012. Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–4986 Filed 3–7–12; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\08MRP3.SGM 08MRP3

Agencies

[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Proposed Rules]
[Pages 14200-14223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4986]



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Vol. 77

Thursday,

No. 46

March 8, 2012

Part IV





Department of the Interior





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Fish and Wildlife Service





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50 CFR Parts 13, 17 and 23





Revision of Regulations Implementing the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates 
Following the Fifteenth Meeting of the Conference of the Parties to 
CITES; Proposed Rule

Federal Register / Vol. 77 , No. 46 / Thursday, March 8, 2012 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13, 17, and 23

[Docket No. FWS-R9-IA-2010-0083; 96300-1671-0000-R4]
RIN 1018-AW82


Revision of Regulations Implementing the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES); Updates Following the Fifteenth Meeting of the Conference of 
the Parties to CITES

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the Fish and Wildlife Service (FWS or Service), propose to 
revise the regulations that implement the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES or Treaty or 
Convention) by incorporating certain provisions adopted at the 
fourteenth and fifteenth meetings of the Conference of the Parties 
(CoP14 and CoP15) to CITES and clarifying and updating certain other 
provisions. These changes would bring U.S. regulations in line with 
revisions adopted at the most recent meetings of the Conference of the 
Parties, which took place in June 2007 (CoP14) and March 2010 (CoP15). 
The revised regulations would help us more effectively promote species 
conservation, help us continue to fulfill our responsibilities under 
the Treaty, and help those affected by CITES to understand how to 
conduct lawful international trade.

DATES: General Comments: In preparing the final decision on this 
proposed rule, we will consider comments received or postmarked on or 
before May 7, 2012.
    Comments on the Information Collection Aspects of this Proposal: 
Comments on the information collection aspects of this proposed rule 
will be considered if received by May 7, 2012.

ADDRESSES: General Comments: You may submit comments by one of the 
following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Keyword box, enter Docket No. FWS-
R9-IA-2010-0083, which is the docket number for this rulemaking. Then, 
in the Search panel on the left side of the screen, under the Document 
Type heading, click on the Proposed Rules link to locate this document. 
You may submit a comment by clicking on ``Send a Comment or 
Submission.''
     By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: FWS-R9-IA-2010-0083; Division of 
Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 
N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

We will not accept email or faxes. We will post all comments on https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section at 
the end of SUPPLEMENTARY INFORMATION for further information about 
submitting comments).
    Comments on the Information Collection Aspects of this Proposal: 
Send comments specific to the information collection aspects of this 
proposed rule to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or OIRA_DOCKET@OMB.eop.gov (email). 
Please provide a copy of your comments to the Service Information 
Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 
4401 N. Fairfax Drive, Arlington, VA 22203 (mail) or infocol@fws.gov 
(email). Please identify comments with 1018-AW82.

FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of 
Management Authority; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, Suite 212; Arlington, VA 22203 (telephone, (703) 358-2093; fax, 
(703) 358-2280).

SUPPLEMENTARY INFORMATION: 

Background

    CITES was negotiated in 1973 in Washington, DC, at a conference 
attended by delegations from 80 countries. The United States ratified 
the Treaty on September 13, 1973, and it entered into force on July 1, 
1975, after it had been ratified by 10 countries. Currently 175 
countries have ratified, accepted, approved, or acceded to CITES; these 
countries are known as Parties.
    Section 8A of the Endangered Species Act, as amended in 1982 (16 
U.S.C. 1531 et seq.) (ESA), designates the Secretary of the Interior as 
the U.S. Management Authority and U.S. Scientific Authority for CITES. 
These authorities have been delegated to the Fish and Wildlife Service. 
The original U.S. regulations implementing CITES took effect on May 23, 
1977 (42 FR 10462, February 22, 1977), after the first meeting of the 
Conference of the Parties (CoP) was held. The CoP meets every 2 to 3 
years to vote on proposed resolutions and decisions that interpret and 
implement the text of the Treaty and on amendments to the lists of 
species in the CITES Appendices. The current U.S. CITES regulations (72 
FR 48402, August 23, 2007) contain provisions from applicable 
resolutions and decisions adopted at meetings of the Conference of the 
Parties up to and including the thirteenth meeting (CoP13), which took 
place in 2004. In 2008, through a direct final rule, we incorporated 
certain provisions adopted at CoP14 regarding international trade in 
sturgeon caviar (73 FR 40983, July 17, 2008).

Proposed Change to 50 CFR Part 13

    Scope of regulations (Sec.  13.3): When we published our current 
regulations in 2007, we changed the title of 50 CFR part 23. We propose 
to update the title of 50 CFR part 23 given in Sec.  13.3 to reflect 
this change.
    Application procedures (Sec.  13.11): We propose to amend the table 
at Sec.  13.11(d)(4) to include an application to renew the 
registration of a commercial operation breeding Appendix-I wildlife. 
See the discussion under Sec.  23.46 in the preamble. We also propose 
to revise Sec.  13.11(b)(3) by updating the address for the Division of 
Management Authority and adding the address for the Service's permits 
Web page.
    General information requirements for permit applications (Sec.  
13.12): We propose to update the introductory text of paragraph (b) to 
clarify that applicants should refer to 50 CFR part 23 for CITES permit 
application requirements. We also propose to remove from the table at 
Sec.  13.12(b) the entry for American alligator buyer or tanner 
permits, because we no longer issue or require such permits.

Proposed Changes to 50 CFR Part 17

    Following publication of our current CITES-implementing regulations 
in August 2007, we became aware that 50 CFR part 17 contains some 
outdated cross references. Sections 17.62 and 17.72 include references 
to the previous version of the CITES regulations, and the List of 
Endangered and Threatened Wildlife in 50 CFR 17.11(h) contains 
references to a special rule that no longer exists for threatened 
caiman. When we updated our CITES regulations in 2007, we also amended 
and consolidated the special rules for threatened crocodilians 
contained in 50 CFR 17.42. As part of that process, we incorporated the 
special rule for threatened caiman into the special rule for threatened 
crocodilians, but that change was not reflected in Sec.  17.11. We 
propose to update references in part 17 so that they correspond 
correctly with

[[Page 14201]]

the current regulations in 50 CFR part 23 and the special rules in 50 
CFR 17.42.
    Some of the special rules in 50 CFR part 17 contain elements that 
are outdated or contain CITES requirements that are more appropriate 
for inclusion in 50 CFR part 23. Most of the special rules that pertain 
to CITES-listed species were written before the publication of our 2007 
CITES regulations. Some of the rules include detailed CITES 
requirements because those requirements were not contained in 50 CFR 
part 23 prior to 2007. We propose to remove specific CITES requirements 
from the special rules in 50 CFR part 17 and, if they are not there 
already, insert them into our CITES regulations in 50 CFR part 23. 
These proposed changes, with a few exceptions noted below, do not alter 
the requirements of the special rules because the requirements added to 
or already contained in 50 CFR part 23 are functionally the same as 
those currently contained in the special rules. Under the special 
rules, specimens may only be imported into the United States if the 
requirements in 50 CFR part 23 have been met.
    The special rules for vicu[ntilde]a (50 CFR 17.40(m)) and beluga 
sturgeon (50 CFR 17.44(y)) include information regarding CITES 
requirements for trade in personal and household effects that is now 
fully contained in 50 CFR 23.15. To reduce redundancy and improve the 
accuracy and clarity of our regulations, we propose to remove the 
detailed information on personal and household effects from 50 CFR 
17.40(m) and 50 CFR 17.44(y) and refer the readers of those paragraphs 
to the CITES regulations in 50 CFR part 23. In the special rule for 
beluga sturgeon, the text regarding personal and household effects 
contains the quantity of beluga sturgeon caviar (250 grams) that 
qualifies as a personal or household effect. When the special rule was 
written, 250 grams was the quantity of sturgeon caviar that CITES 
Parties had agreed could be traded under the personal or household 
effects exemption. Since then, the CITES Parties have reduced the 
quantity of sturgeon caviar that qualifies as a personal or household 
effect from 250 grams to 125 grams. We have revised our CITES 
regulations accordingly (see 50 CFR 23.15 and 73 FR 40983, July 17, 
2008). By removing the provisions on personal and household effects and 
directing readers of the special rule to the requirements in 50 CFR 
part 23, as proposed here, we would effectively bring the beluga 
sturgeon special rule in line with current CITES requirements. We 
believe this reduction in the quantity of beluga sturgeon caviar that 
can be transported as a personal or household effect is necessary and 
advisable for the conservation of the species.
    The special rules for African elephant (50 CFR 17.40(e)) and 
vicu[ntilde]a (50 CFR 17.40(m)) contain CITES requirements for marking 
of specimens in international trade. We believe it is more appropriate 
to include these marking requirements in our CITES regulations in 50 
CFR part 23. Therefore, we propose to remove the trophy-marking 
requirements, including the definition of ``lip mark area,'' from the 
African elephant special rule in 50 CFR 17.40(e) and insert them into 
50 CFR 23.74, which covers international trade in personal sport-hunted 
trophies. At CoP15, the Parties adopted a change to the accepted 
methods for marking of elephant ivory to allow the use of new 
technologies for permanent marking, including the use of lasers. We 
propose to incorporate this change into 50 CFR 23.74 and clarify the 
marking requirements for elephant ivory consistent with Resolution 
Conf. 10.10 (Rev. CoP15). (See the discussion in the preamble for Sec.  
23.74.) We supported the change to the marking requirements at CoP15 
and believe these updates are necessary and advisable for the 
conservation of the species. Under the special rule, African elephant 
trophies may only be imported into the United States if the 
requirements (including marking requirements) in 50 CFR part 23 have 
been met.
    Likewise, we propose to remove from the vicu[ntilde]a special rule 
in 50 CFR 17.40(m) the specific requirements for labeling cloth made 
from vicu[ntilde]a wool and products made from such cloth, since these 
are CITES marking requirements, and insert them into a new section in 
50 CFR part 23. The labeling requirements in the special rule were 
drawn from the annotations to the CITES Appendix-II listings for 
vicu[ntilde]a (see 67 FR 37695, May 30, 2002) that were in place at the 
time the special rule was written. Since publication of the special 
rule in 2002, the annotations have been amended by the CITES Parties, 
most recently at CoP14. We supported the changes adopted at CoP14 and 
propose to update our labeling requirements to bring them in line with 
the CITES requirements contained in the current Appendix-II listing 
annotations for vicu[ntilde]a. These changes will facilitate effective 
enforcement of conservation measures put in place by the range 
countries and are therefore necessary and advisable for the 
conservation of the species. We will retain the marking requirements in 
the special rule for shipments of wool (referred to as fiber in the 
current text of Sec.  17.40(m)) sheared from live vicu[ntilde]a because 
marking of raw wool is not required under CITES. The current text of 
Sec.  17.40(m) refers to ``raw fiber'' to describe shipments of raw 
vicu[ntilde]a wool. We propose to amend this language by using the term 
``raw wool'' instead of ``raw fiber'' to more accurately characterize 
the specimens in trade.
    In addition, we propose to remove text from the vicu[ntilde]a 
special rule that addresses the need for the exporting countries to 
have designated a Management Authority and a Scientific Authority 
because this requirement is now contained in 50 CFR 23.26. These 
proposed changes will not alter the requirements of the special rule 
because the requirements contained in 50 CFR part 23 are functionally 
the same as those currently contained in the special rule.
    We propose to further update the vicu[ntilde]a special rule by 
clarifying that the exemption under Sec.  17.40(m) applies only to wool 
sheared from live animals and to cloth and other products made from 
such wool. We also propose minor edits for clarity and uniformity with 
other special rules.
    We propose to update the address for the Division of Management 
Authority given in 50 CFR 17.9, 50 CFR 17.21, and 50 CFR 17.44(y), and 
for the Office of Law Enforcement in 50 CFR 17.40(b) and (h). We 
propose to clarify in Sec.  17.40(b) who is responsible for reporting 
take of grizzly bears. We also propose to insert the scientific name 
for leopard into the special rule in 50 CFR 17.40(f).
    We propose to delete Appendix A to 50 CFR Chapter I and the 
reference to Appendix A in 50 CFR 17.40(e). Appendix A contains an 
outdated list of two-letter country codes established by the 
International Organization for Standardization (ISO). The Appendix was 
added when the African elephant special rule (Sec.  17.40(e)) was 
revised in 1982 (47 FR 31384, July 20, 1982) because the country of 
origin, indicated by the ISO country code, is part of the information 
that must be included in an ivory mark. An up-to-date list of ISO 
country codes is now available on both the ISO and CITES Secretariat's 
Web sites, and we therefore believe it is unnecessary to retain the 
list in Appendix A.

Proposed Changes to 50 CFR Part 23

    Deciding if the regulations apply to your proposed activity (Sec.  
23.2): We propose to add a paragraph to the table in Sec.  23.2 to 
clarify that if a CITES

[[Page 14202]]

specimen you possess or want to enter into intrastate or interstate 
commerce is subject to restrictions on its use after import then the 
regulations in part 23 apply. We also propose to update the table in 
Sec.  23.2 to reflect changes proposed for Sec.  23.92. See the 
discussion in the preamble regarding proposed changes to Sec.  23.92 on 
exempt wildlife and plants.
    Definitions (Sec.  23.5): Whenever possible we define terms using 
the wording of the Treaty and the resolutions.
    Definitions of ``bred for noncommercial purposes'' and 
``cooperative conservation program'': Article VII, paragraph 4, of the 
Treaty states that specimens of Appendix-I wildlife species bred in 
captivity for commercial purposes shall be deemed to be specimens of 
species included in Appendix II. Such specimens can therefore be traded 
without the need for an import permit (see Sec. Sec.  23.18 and 23.46). 
It also provides in Article VII, paragraph 5, that specimens that are 
bred in captivity may be traded under an exemption certificate (see 
Sec. Sec.  23.18 and 23.41). Although the Treaty does not use the term 
``bred for noncommercial purposes'' in Article VII(5), the Parties have 
agreed to use this term as the intended meaning of paragraph 5 because 
Article VII(4) addresses specimens bred for commercial purposes.
    Our current regulations contain definitions of ``bred for 
noncommercial purposes'' and ``cooperative conservation program.'' 
These terms were defined based on the interpretation of Article VII, 
paragraph 5, adopted at CoP11 in Resolution Conf. 11.14 and 
subsequently (until CoP14) contained in Resolution Conf. 12.10. Our 
current definition of ``bred for noncommercial purposes'' specifies 
that a specimen only qualifies to be treated as bred for noncommercial 
purposes, and therefore eligible for an exemption certificate, if every 
donation, exchange, or loan of the specimen is between facilities that 
are involved in a cooperative conservation program. At CoP14, the 
Parties removed the definition of ``bred for noncommercial purposes'' 
from Resolution Conf. 12.10 (including the reference to cooperative 
conservation programs) because it was considered to be outside the 
scope of the resolution, which addresses the procedure for registering 
and monitoring operations that breed Appendix-I animal species for 
commercial purposes. The deletion of this paragraph from the resolution 
leaves it to the Parties to adopt their own interpretation of Article 
VII, paragraph 5.
    The changes adopted at CoP14, and our experiences since publication 
of our current regulations, have led us to reconsider our definition of 
``bred for noncommercial purposes.'' We propose to amend our definition 
of ``bred for noncommercial purposes'' by removing the requirement that 
the trade be conducted between facilities that are involved in a 
cooperative conservation program and, consequently, remove from our 
regulations the definition of ``cooperative conservation program'' 
consistent with recent amendments to CITES resolutions. We are aware 
that it is not always feasible for a breeding operation to participate 
in or support a recovery activity in cooperation with a range country, 
as required under our current definition of ``bred for noncommercial 
purposes.'' The change proposed would allow an Appendix-I specimen that 
was bred in captivity to be traded under a CITES exemption certificate 
where each donation, exchange, or loan of the specimen is noncommercial 
(e.g., noncommercial breeding by hobbyists), including situations where 
the donation, exchange, or loan is not between two facilities that are 
participating in a cooperative conservation program. Our proposed 
amendment to the definition is consistent with the current CITES 
resolutions. See also the discussion in the preamble for Sec.  23.18.
    Coral definitions: We propose to amend our definitions of ``coral 
(dead),'' ``coral fragments,'' ``coral (live),'' and ``coral sand'' in 
Sec.  23.5 by adding text contained in the coral definitions in the 
Annex to Resolution Conf. 11.10 (Rev. CoP15) regarding the level to 
which certain coral specimens are identifiable. This clarifying 
information was inadvertently omitted from the definitions of these 
terms in our current regulations. In addition, we propose to add a 
definition of ``coral (stony)'' consistent with Resolution Conf. 11.10 
(Rev. CoP15), to clarify that the coral definitions in Sec.  23.5 apply 
to stony corals in the orders Helioporacea, Scleractinia, Stolonifera, 
Milleporina, and Stylasterina. Due to problems we have encountered in 
the implementation of the requirements for trade in stony corals, we 
propose to further revise the definitions of ``coral fragments'' and 
``coral sand'' to clarify the size of a specimen that meets the 
definition of a ``coral fragment'' or ``coral sand'' and may therefore 
be considered exempt from the provisions of CITES. The same 
clarification regarding ``coral fragments'' was adopted by the Parties 
at CoP15. To be consistent, we also propose to clarify the size of a 
specimen that meets the definition of ``coral rock.''
    Definition of ``cultivar'': Prior to CoP15, the CITES Parties had 
not defined ``cultivar,'' a term that is used in the CITES Appendices 
and resolutions. We defined the term in our current regulations based 
on horticultural and common dictionary definitions. At CoP15, the CITES 
Parties adopted a definition of ``cultivar'' in Resolution Conf. 11.11 
(Rev. CoP15), which is taken from the eighth edition of the 
International Code of Nomenclature for Cultivated Plants (Brickell, 
C.D., Alexander, C., David, J.C., Hetterscheid, W.L.A., Leslie, A.C., 
Malecot, V. & Xiaobai Jin (eds.) (2009)). We propose to amend the 
definition of ``cultivar'' in Sec.  23.5 to more closely match the 
definition adopted by the Parties at CoP15.
    Definition of ``introduction from the sea'': We propose to amend 
the definition of this term by adding a clarification of the phrase 
``marine environment not under the jurisdiction of any country.'' The 
definition of ``introduction from the sea'' in Article I, paragraph 
(e), of the Treaty contains the phrase ``marine environment not under 
the jurisdiction of any State.'' At CoP14, the Parties agreed to a 
definition of this phrase, in Resolution Conf. 14.6, which we propose 
to incorporate into our regulations. CITES Parties typically use the 
word ``State'' to mean country. In our regulations, we use the word 
``country'' and so have chosen to use the word ``country'' in place of 
``State'' in our definition of introduction from the sea. The CITES 
Parties continue to work toward achieving a common understanding of the 
practical application of CITES provisions for introduction from the 
sea. At CoP15, the Parties agreed that operation of the Standing 
Committee's working group on introduction from the sea should be 
extended. In the meantime, our current regulations specify when 
introduction-from-the-sea provisions apply and what CITES documents are 
needed for this type of international trade.
    Definition of ``ranched wildlife'': At CoP14, the Animals and 
Plants Committees were tasked with determining species for which CITES 
source code ``R'' (for ``specimens originating from a ranching 
operation'') has been used, surveying countries that have been applying 
source code ``R'' to species other than crocodilians transferred from 
Appendix I to Appendix II pursuant to ranching, and, if necessary, 
proposing a revised definition of source code ``R'' for consideration 
at CoP15. The United States participated in a working group

[[Page 14203]]

established to undertake these activities. The group was directed, 
among other things, to consider the definition of ``ranching'' and the 
use of source code ``R.'' At CoP15, the Parties adopted a revised 
definition of source code ``R'' based on the recommendations of the 
working group. We propose to incorporate the new definition of source 
code ``R'' into Sec.  23.5, consistent with the change to Resolution 
Conf. 12.3 (Rev. CoP15) adopted at CoP15.
    Contact information for U.S. CITES Authorities (Sec.  23.7): The 
Management Authority and Scientific Authority offices have moved since 
our current regulations were published. We propose to update the 
addresses for these offices.
    Information collection (Sec.  23.8): We propose minor edits to this 
section to incorporate changes, since our regulations were last 
updated, to the OMB Control Numbers assigned to the information 
collections associated with 50 CFR part 23.
    Prohibitions (Sec.  23.13): We propose to add text to clarify that 
violation of any of the provisions of 50 CFR part 23, including use of 
CITES specimens imported into the United States contrary to what is 
allowed under Sec.  23.55, is unlawful.
    Documents for the export of Appendix-I wildlife and plants 
(Sec. Sec.  23.18 and 23.19): Sections 23.18 and 23.19 contain decision 
trees to help readers determine what type of CITES document is needed 
for export of an Appendix-I specimen and where in the regulations they 
can find information regarding the different types of documents. We 
propose to amend the titles of the decision trees in Sec. Sec.  23.18 
and 23.19 to more accurately reflect their purpose. In addition, we 
have reevaluated our requirements for export of Appendix-I wildlife and 
we propose to amend the decision tree in Sec.  23.18 accordingly.
    Article VII, paragraph 4, of the Treaty states that specimens of 
Appendix-I wildlife species bred in captivity for commercial purposes 
shall be deemed to be specimens of species included in Appendix II. 
Such specimens can therefore be traded without the need for an import 
permit. Our current regulations require commercial breeders of 
Appendix-I wildlife to be registered with the CITES Secretariat in 
order to export Appendix-I specimens, regardless of the purpose of the 
import. The decision tree asks, at several points, whether the export 
of the specimen is for noncommercial purposes. However, because of the 
way the decision tree is structured, export of specimens bred in 
captivity (according to CITES criteria) at commercial operations that 
are not registered with the CITES Secretariat is prohibited, even in 
small numbers when the intended use of the specimens in the importing 
country is noncommercial.
    Based on our experience since publication of our regulations in 
2007, we have concluded that this interpretation is overly restrictive. 
The exemptions contained in Article VII allow alternatives to the 
procedures contained in Articles III, IV, and V for trade in CITES-
listed species when certain criteria are met. However, if an Appendix-I 
specimen does not qualify for an exemption under Article VII, it should 
not, solely on that basis, also be deemed ineligible for a permit or 
certificate under Article III. We propose to amend the decision tree in 
Sec.  23.18 by eliminating the boxes that ask if the export is for 
noncommercial purposes, which will eliminate the requirement that 
commercial operations breeding Appendix-I species must be registered 
with the Secretariat to export specimens under any circumstances. We 
believe this change reflects the appropriate implementation of Articles 
III and VII. We note, however, that we will continue to scrutinize this 
trade very carefully and will exercise our right and responsibility 
under the Treaty to verify whether the Management Authority of the 
importing country has made the appropriate determination of whether an 
import is not for primarily commercial purposes. See also the 
discussion in the preamble for Sec.  23.5 regarding proposed changes to 
the definition of ``bred for noncommercial purposes.''
    Information required on CITES documents (Sec.  23.23): This section 
details information that must be included on CITES documents. We 
propose to amend the first sentence of Sec.  23.23(b), where our 
regulations currently indicate that a CITES document must be 
``printed,'' to reflect agreement by the Parties at CoP15 that CITES 
documents may be issued in an electronic format. While the Parties 
agreed that it was possible to issue CITES documents electronically, 
they also recognized that there is no obligation on Parties to do so. 
Unless there is specific agreement by all Parties involved that 
electronic documents are acceptable, Parties issuing electronic 
documents must also issue them in paper format. Although the United 
States is not in a position to issue or accept electronic permits at 
this time, we are aware that other Parties have begun to implement such 
a system and therefore propose this minor amendment to Sec.  23.23(b).
    We currently require that CITES export and re-export documents for 
live wildlife contain a specific condition that the document is only 
valid if the transport complies with certain humane-transport 
standards. The CITES Guidelines for transport and preparation for 
shipment of live wild animals and plants (CITES Guidelines) and the 
International Air Transport Association (IATA) Live Animals Regulations 
are incorporated by reference into our regulations at Sec.  
23.23(c)(7). The CITES Guidelines have not been updated since 1981. At 
CoP14, recognizing that IATA regulations are amended annually and are 
therefore more responsive to changing needs, and that it is important 
to provide humane transport conditions for plants as well as wildlife, 
the Parties agreed to promote the full and effective use of IATA's Live 
Animals Regulations (for animals) and Perishable Cargo Regulations (for 
plants) as the standards for the preparation and transport of live 
specimens. Therefore, we propose to remove reference to the CITES 
Guidelines and to incorporate by reference the 10th edition of the IATA 
Perishable Cargo Regulations as the standard for the transport of 
CITES-listed plants. We propose to further update our regulations by 
incorporating by reference the 37th edition of the IATA Live Animals 
Regulations to replace the 33rd edition that is incorporated by 
reference in our current regulations.
    We propose to add language in Sec.  23.23(c) and (e) to clarify 
that, for products containing more than one CITES species, the CITES 
document must include specific information (Appendix, scientific name, 
quantity, source code) for each species. See the discussion in the 
preamble for Sec.  23.71. We also propose to amend Sec.  23.23(c)(16) 
to allow the use of official signature stamps on CITES documents, in 
recognition of this global practice.
    Under most circumstances, specimens must be identified on CITES 
documents using the scientific name of the species to which they 
belong. The Parties have agreed to a few specific exceptions to this 
requirement, which are detailed in Resolution Conf. 12.3 (Rev. CoP15). 
Recognizing the difficulties associated with identification of worked 
specimens of certain corals in trade, at CoP15 the Parties amended 
Resolution Conf. 12.3 (Rev. CoP15) to allow the use of higher-taxon 
names for worked specimens of black coral (Antipatharia). The Parties 
agreed that worked specimens of black coral may be identified at the 
genus level where the species cannot be readily determined, and where 
the genus cannot be readily determined the specimens may be identified 
using the

[[Page 14204]]

scientific name of the order Antipatharia. We propose to revise Sec.  
23.23(c)(13)(i) to allow the use of higher-taxon names for worked 
specimens of black coral consistent with the changes adopted at CoP15. 
We will continue to require that raw black coral and live black coral 
be identified at the species level.
    At CoP14, the Parties agreed to a new quota-setting process for 
caviar from shared stocks, including a change in the quota year so that 
it would coincide with the harvest season rather than the calendar 
year. From 2008 onward, the quota year for caviar from shared stocks 
begins on the first of March and ends on the last day of February of 
the following year. We updated Sec.  23.71 accordingly (see 73 FR 
40983, July 17, 2008) and now propose to revise the language in Sec.  
23.23(e)(5)(i) by removing the word ``calendar'' to accommodate 
situations in which quotas are set for a 12-month period other than a 
calendar year.
    Source codes (Sec.  23.24): Our current regulations in Sec.  23.24 
indicate that the source code ``O'', for pre-Convention specimens, must 
be used in conjunction with another source code. This requirement has 
caused problems at our ports of entry because it is not entirely 
consistent with the language in Resolution Conf. 12.3 (Rev. CoP15), 
which states that the pre-Convention source code ``may'' be used in 
conjunction with another source code. We propose to revise Sec.  23.24 
so that it is more closely aligned with Resolution Conf. 12.3 (Rev. 
CoP15).
    We propose to revise the text for source code ``R'' (ranched 
wildlife) to point readers to Sec.  23.5, where we have proposed to 
insert the definition of ``ranched wildlife'' adopted by the Parties at 
CoP15 in Resolution Conf. 12.3 (Rev. CoP15) (see discussion in the 
preamble for Sec.  23.5).
    In Sec.  23.24(d), we propose to add a reference to the definition 
of ``captive-bred wildlife'' in Sec.  23.5 to clarify that such 
specimens must meet the definition in that section. In addition, we 
propose to remove Sec.  23.24(d)(2)(iii), which refers to cooperative 
conservation programs, to reflect the changes we have proposed to the 
definition of ``bred for noncommercial purposes.'' See the preamble 
discussion regarding the definition of ``bred for noncommercial 
purposes'' in Sec.  23.5.
    Validity of CITES documents (Sec.  23.26): We propose to add three 
additional circumstances in Sec.  23.26(d) for which we may request 
verification of a CITES document. When the CITES Secretariat receives 
information about a quota for publication, there may be technical 
problems or questions about technical or administrative aspects of the 
quota that need clarification. Under guidelines contained in Resolution 
Conf. 14.7 (Rev. CoP15), if the Secretariat is unable to resolve these 
issues with the Party concerned, the Secretariat is directed to publish 
the quota with an annotation to indicate its concerns. We wish to 
notify the public that we may request verification of a CITES document 
if it is issued for a species with an annotated quota that raises 
concerns about the validity of the shipment. We may also request 
verification of a CITES document for a shipment of captive-bred 
Appendix-I wildlife when the specimens did not originate from a 
breeding operation that is registered with the CITES Secretariat and we 
have reason to believe the import is for commercial purposes. In 
addition, if we receive a CITES export document on which the actual 
quantity exported has not been validated or certified at the time of 
export we may request verification of the document.
    We have proposed to update the documents incorporated by reference 
into our regulations at Sec.  23.23(c)(7) that provide guidance on 
humane transport of live specimens. (See the preamble discussion for 
Sec.  23.23.) We propose to update the entry on humane transport in the 
table at Sec.  23.26 to reflect these changes.
    Presentation of documents at the port (Sec.  23.27): We propose to 
add text from the Treaty to this section to highlight the requirement 
for Management Authorities to cancel and retain original CITES 
documents upon import. We also propose to clarify that authorized 
inspecting officials for imports into the United States of CITES-listed 
plants are responsible for the cancellation and collection of original 
documents for submission to the U.S. Management Authority. FWS Law 
Enforcement collects and makes available to the U.S. Management 
Authority original CITES documents accompanying wildlife shipments 
entering the United States. Original CITES documents accompanying 
imports of CITES-listed plant specimens are collected by U.S. Customs 
and Border Protection (CBP) and the U.S. Department of Agriculture, 
Animal and Plant Health Inspection Service (APHIS), for submission to 
the U.S. Management Authority. Documents are maintained in accordance 
with the FWS Records Disposition Schedule.
    Records for ranched specimens and for plants grown from exempt 
plant material (Sec.  23.34): The table at Sec.  23.34 provides 
information on the types of records an individual may provide to show 
the origin of a specimen when applying for a U.S. CITES document. We 
are proposing a minor revision to the entry in the table for ``exempt 
plant material'' to make it clear that we are referring to plants grown 
from exempt plant material and not the exempt material itself, which 
does not require a CITES document.
    Prior to CoP15, we considered any specimen that had been removed 
from the wild at an early age and raised in captivity to be wild-
caught, and as a result, we used the source code ``W'' when issuing 
CITES documents for these specimens. With this proposed rule, however, 
we intend to incorporate into our regulations the definition of 
``ranched specimen'' adopted at CoP15 (see the preamble discussions for 
Sec. Sec.  23.5 and 23.24). Many of the specimens we previously 
considered ``wild'' will qualify as ``ranched'' under the new 
definition. We propose to add an entry to the table in Sec.  23.34 
describing the types of records an applicant may want to provide to 
demonstrate that his or her specimens qualify for issuance of a CITES 
document with source code ``R'' (ranched wildlife).
    Trade in Appendix-I plant hybrids (Sec. Sec.  23.19, 23.23, 23.40, 
23.42, 23.47, and 23.92): We propose to add cross-references in 
Sec. Sec.  23.40 and 23.47 to clarify the required use of different 
types of CITES documents and different source codes for hybrids of 
Appendix-I plant species or taxa depending on whether the Appendix-I 
listings are annotated to treat hybrids as Appendix-I specimens. We 
also propose to amend text in Sec. Sec.  23.19, 23.23, 23.40, 23.42, 
and 23.92 that refers to certain Appendix-I plant listings as ``not 
annotated to include hybrids'' so that it instead refers to these 
listings as ``not annotated to treat hybrids as Appendix-I specimens.'' 
These revisions do not change the meaning or the intent of these 
sections, but more accurately describe CITES provisions regarding 
annotations and Appendix-I plant hybrids.
    Applications for export permits (Sec. Sec.  23.36, 23.41, 23.69, 
23.70, and 23.71): Over the years, to facilitate the application 
process, we have developed applications for CITES documents that are 
tailored to specific activities. Since our regulations were last 
updated, we have created two new application forms: One for the export 
of sturgeon and sturgeon products from aquaculture facilities; and 
another for establishment of a master file for the export of live 
animals that qualify as bred-in-captivity. The Office of Management and 
Budget (OMB) approved the collection of information associated with 
these application forms under OMB Control Number 1018-0093, which 
expires

[[Page 14205]]

February 28, 2014. We propose to add references to the new applications 
in the relevant sections of the regulations (Sec. Sec.  23.41 and 
23.71). We also propose to add these new applications to the table in 
Sec.  23.36, which lists the types of applications (and the FWS form 
numbers) for export permits. In addition, we propose to update the 
entry in the table for the application to export trophies, to make 
clear that it can be used by both hunters and taxidermists. We have 
made some changes to the application procedures for export of products 
made from crocodilian skins or fur skins. We propose to update 
Sec. Sec.  23.69 and 23.70 to reflect these changes.
    Seeds and spores (Sec. Sec.  23.40 and 23.64): At CoP15, the CITES 
Parties amended Resolution Conf. 11.11 (Rev. CoP15) so that all 
references to the term ``seeds'' also refer to ``spores,'' since seeds 
and spores are treated the same way under CITES. We propose to make a 
corresponding change to subparagraph (e)(1) in Sec.  23.40 and to 
subparagraph (g)(4)(ii) in Sec.  23.64, to refer to ``seeds or 
spores,'' consistent with Resolution Conf. 11.11 (Rev. CoP15).
    Wildlife hybrids (Sec.  23.43): Section 23.43 allows for an 
exemption from CITES document requirements for hybrid wildlife 
specimens that meet specific criteria. We propose to clarify that an 
individual who is unable to clearly demonstrate that his or her 
wildlife specimen meets the criteria for an exempt hybrid must obtain a 
CITES document. Since 2007, when our current regulations were 
published, we have experienced problems at our ports with individuals 
claiming the exemption for hybrids without documentation to clearly 
demonstrate that their specimens meet the criteria. We propose to 
provide examples of the types of records an individual may use to 
demonstrate that a particular specimen meets the criteria for an exempt 
hybrid. Records used to demonstrate that a specimen meets the criteria 
for the exemption must both clearly identify the wildlife specimen and 
describe its recent lineage. Many pedigrees simply provide names of 
animals in a specimen's lineage, but fail to show the relationship to 
any CITES-listed animals in its ancestry or any other information to 
clearly show that the animal to be traded has no purebred CITES species 
in its previous four generations. A certified pedigree that can be 
identified as belonging to the specimen to be traded and that contains 
the scientific names of the animals in the specimen's lineage, and 
therefore clearly illustrates its genetic history, would show whether 
or not the specimen meets the criteria for an exempt wildlife hybrid. 
Lack of adequate documentation does not prevent the international 
movement of a hybrid wildlife specimen, but it does require the 
importer or exporter to obtain the appropriate CITES document.
    International travel with personally owned, live wildlife (Sec.  
23.44): Since publication of our current regulations in 2007, we have 
become aware of some confusion regarding the purpose and appropriate 
use of certificates of ownership for personally owned live wildlife 
(also known as a ``pet passports''). We propose to clarify that such 
documents are to be used for frequent, short-term travel by an 
individual when accompanied by his or her personally owned, live 
wildlife (e.g., for vacations, to attend competitions, or for similar 
purposes of relatively short duration) and that this individual is to 
return with the wildlife to his or her country of usual residence at 
the end of the trip. Travel of longer duration, including an 
international move, should take place under a CITES export or re-export 
document, not under a certificate of ownership. We propose to add text 
to Sec.  23.44 to specify that, for certificates issued by the U.S. 
Management Authority, the owner must return to the United States with 
the animal covered by the certificate of ownership before the 
certificate expires, similar to the requirements for specimens covered 
under a traveling exhibition certificate (see Sec.  23.49).
    Registration of a commercial breeding operation for Appendix-I 
wildlife (Sec.  23.46): Article VII, paragraph 4, of the Treaty states 
that specimens of Appendix-I animal species bred in captivity for 
commercial purposes shall be deemed to be specimens of species included 
in Appendix II. For such specimens, a Management Authority may grant an 
export permit or a re-export certificate without requiring the prior 
issuance of an import permit, thus allowing the specimens to be traded 
commercially. However, the species remain listed in Appendix I, and 
therefore such specimens are not eligible for any exemption limited 
specifically to an Appendix-II species or taxon, such as less-
restrictive provisions for personal and household effects.
    Resolution Conf. 12.10 (Rev. CoP15) provides guidelines for 
registering and monitoring operations that breed Appendix-I animals for 
commercial purposes. Section 23.46 implements the resolution by 
establishing a procedure for operations that breed Appendix-I animals 
for commercial purposes to become registered with the CITES 
Secretariat. At CoP15, the Parties adopted changes to the registration 
process to address the sometimes lengthy delays that can occur when an 
objection is raised regarding an application to register a breeding 
facility. Previously, if the concerns of the objecting Party could not 
be resolved through consultation with the proponent Party, the 
registration application would be decided by a vote of the Parties at 
the next CoP. Depending on when the objections were raised, up to 3 
years could pass before a decision was taken. The revisions adopted at 
CoP15 reduce the time frame (from 60 to 30 days) for consultations 
between the objecting Party and the proponent Party, and if those 
consultations do not resolve the objection, the Secretariat will submit 
the registration application to the Standing Committee at its next 
regular meeting, which would usually occur within a year. We expect 
that referring disputed applications to the Standing Committee instead 
of the CoP will significantly reduce potential delays in the 
registration process. We propose to revise Sec.  23.46(b) to 
incorporate changes to the registration process adopted at CoP15.
    Under Resolution Conf. 12.10 (Rev. CoP15), registered commercial 
breeding operations are to be monitored by the Management Authority, in 
collaboration with the Scientific Authority, and the Management 
Authority is to advise the CITES Secretariat of any major change in the 
nature of an operation or in the products it is producing for export. 
Our current regulations include an annual reporting requirement to 
facilitate monitoring of registered operations. We propose to eliminate 
the annual reporting requirement in Sec.  23.46 and establish instead a 
process for registration renewal. The registration renewal will be less 
burdensome for the registrants, but will allow us to monitor these 
facilities and identify major changes in their operating practices.
    We propose to limit the length of time a registration is valid to 
not more than 5 years. The proposed criteria for renewal are the same 
as the criteria for registration of a new operation. However, unlike 
the process for initially registering a commercial breeding operation, 
the renewal process does not require us to contact the CITES 
Secretariat or to consult other CITES Parties. If necessary, upon 
renewal or at any time we receive significant new information on a 
registered operation, we will provide the updated information to the 
CITES Secretariat.
    Replacement documents (Sec.  23.52): A Management Authority may 
issue a replacement CITES document when the

[[Page 14206]]

original document has been lost, damaged, stolen, or accidentally 
destroyed. Section 23.52 contains provisions for issuance and 
acceptance of replacement CITES documents. We propose to clarify the 
procedures and amend the criteria for issuance and acceptance of 
replacement CITES documents in the United States. Since the publication 
of our 2007 CITES regulations, we have experienced situations in which 
individuals have significantly delayed submission of required documents 
for clearance of a shipment while they tried to obtain a replacement 
document without our knowledge. In addition, importers or their agents 
have attempted to submit ``replacement'' documents when no document had 
ever been issued or when the original document was invalid. We propose 
to more closely align the criteria for issuance and acceptance of 
replacement CITES documents in the United States with those for 
issuance and acceptance of retrospective documents found in Sec.  
23.53. Proposed amendments to the criteria include: Requirements that 
specimens are presented to the appropriate official at the time of 
import and that the request for a replacement document is made at that 
time; the need for proof of original valid documents; and a statement 
of responsibility.
    In the United States, an individual may qualify to receive multiple 
single-use CITES documents under a master file or annual program. We 
propose to clarify that you may not use one of the documents issued 
under a master file or annual program as a replacement document, but 
must apply for and receive a separate replacement document. The 
amendments we are proposing to this section will clarify the 
requirements and procedures for obtaining a replacement CITES document.
    Retrospective CITES documents (Sec.  23.53): In certain limited 
circumstances, CITES documents may be issued and accepted to authorize 
an export or re-export that has already occurred or to correct 
technical errors on a document accompanying a shipment that has already 
occurred. We propose to add text to clarify that we may issue or accept 
a retrospective document in circumstances where a technical error was 
made by the issuing Management Authority at the time the original 
document was issued. As we have for replacement documents, we propose 
to clarify in this section that an individual may not use a CITES 
document issued under a master file or an annual program as a 
retrospective document, but must apply for and receive a separate 
retrospective document (see the discussion in the preamble for 
replacement documents, Sec.  23.52). We also propose to clarify that 
``personal or household effects'' in Sec.  23.53(d)(7)(i) means 
specimens that meet the definition of ``personal effect'' or 
``household effect'' in Sec.  23.5.
    Use of CITES specimens after import into the United States (Sec.  
23.55): This section provides conditions for the import and subsequent 
use of certain CITES specimens. Its purpose is to prevent commercial 
use of specimens after import into the United States when the trade 
allowed under CITES is only for a noncommercial purpose. Under Article 
II of the Treaty, trade in Appendix-I specimens ``must only be 
authorized in exceptional circumstances.'' Unless an Appendix-I 
wildlife or plant specimen qualifies for an exemption under Article VII 
of the Treaty, it can be imported only when the intended use is not for 
primarily commercial purposes. The import and subsequent use of 
Appendix-I specimens and certain Appendix-II specimens, including 
transfer, donation, or exchange, may be only for noncommercial 
purposes. Other Appendix-II specimens and any Appendix-III specimen may 
be used for any lawful purpose after import, unless the trade allowed 
under CITES is only for noncommercial purposes. See the preambles in 
our previous rulemaking documents, 71 FR 20167, April 19, 2006 
(proposed rule), and 72 FR 48402, August 23, 2007 (final rule), for 
further discussion.
    Since publication of our regulations in 2007, we have given further 
consideration to the allowed use of a specimen within the United States 
when the listing status of the species changes after a specimen has 
been imported. We propose to amend this section to clarify that the 
allowed use after import into the United States is determined by the 
current status of the specimen under CITES and the ESA, except for a 
specimen of an Appendix-I species or an Appendix-II species annotated 
for noncommercial purposes that was imported before the species was 
listed in Appendix I or listed in Appendix II with an annotation 
disallowing commercial use. Where an individual can demonstrate that 
his or her specimen was imported with no restrictions on its use after 
import, prior to the species being listed in Appendix I or Appendix II 
with a relevant annotation, we propose to continue to allow its 
unrestricted use within the United States.
    We have considered the individual who may, for example, have 
imported Appendix-II specimens that had no restrictions on their 
domestic use and be lawfully utilizing the specimens as part of a 
commercial breeding operation. Under our current regulations, he or she 
may be precluded from continuing such activities if the species is 
subsequently listed in Appendix I. We do not believe it is necessary 
for ensuring the conservation and sustainable use of the species to 
retroactively apply current import-export restrictions to domestic use 
of specimens that were legally imported prior to the imposition of 
those restrictions. Therefore, where an individual can clearly 
demonstrate that his or her specimens were legally imported prior to 
the Appendix-I listing, we propose not to treat those specimens as 
specimens of an Appendix-I species with regard to their use within the 
United States.
    Consistent with our current regulations, we continue to believe 
that restrictions on the allowed use after import of specimens of 
Appendix-I species may be relaxed if the status of the species improves 
and it is subsequently listed in Appendix II or removed from the 
Appendices. If the status of a species has changed so that it no longer 
requires the strict protections (including the prohibition on 
commercial trade) provided by an Appendix-I listing and it is not 
listed under the ESA, we see no conservation need for requiring that 
specimens imported when the species was listed in Appendix I continue 
to be used only for noncommercial purposes. Other applicable laws, 
however, may continue to restrict use of the specimen.
    Under the change we are proposing, if an Appendix-II specimen is 
imported with no restrictions on its use (i.e., it is not protected 
under the ESA and it is not subject to an annotation requiring that it 
be used only for noncommercial purposes) and the species is 
subsequently transferred to Appendix I, if you can clearly demonstrate 
that your specimen was imported prior to the Appendix-I listing, use of 
the specimen within the United States will not change (i.e., it will 
not be restricted) with the change in the status of the species under 
CITES. As is currently the case, the allowed use of an Appendix-I 
specimen imported for noncommercial purposes may change if the species 
is subsequently transferred to Appendix II or removed from the 
Appendices. In such a case, the allowed use of the specimen within the 
United States will be determined by the current listing status of the 
species, not the status of the species at the time it was imported.
    We also propose to revise the list in Sec.  23.55(d) of Appendix-I 
specimens

[[Page 14207]]

imported with a CITES exemption document that may be used for any 
lawful purpose after import (unless other restrictions apply), by 
adding hybrid plants derived from one or more unannotated Appendix-I 
species exported under a certificate for artificially propagated plants 
(with a source code ``A''). The Parties have agreed, in Resolution 
Conf. 11.11, that such specimens are regarded as being included in 
Appendix II.
    Conditions on CITES documents (Sec.  23.56): We are proposing to 
update the documents incorporated by reference into our regulations at 
Sec.  23.23(c)(7) that provide guidance on humane transport of live 
specimens. (See the preamble discussion for Sec.  23.23.) We propose to 
update the text at Sec.  23.56(a)(2) regarding humane-transport 
conditions to reflect these changes.
    Trade in native CITES furbearer species (Sec.  23.69): We propose 
to revise the title of this section and the definition of ``CITES 
furbearers'' by adding the phrase ``harvested in the United States'' to 
the end of both to clarify the scope of this section. Our current 
regulations at Sec.  23.69 define ``CITES furbearers'' to mean bobcat 
(Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx 
canadensis), and the Alaskan populations of gray wolf (Canis lupus) and 
brown bear (Ursus arctos). For consistency and clarity, we propose to 
further amend our definition of ``CITES furbearers'' to include all 
U.S. populations of gray wolf and brown bear. All five of the species 
included in our definition of ``CITES furbearers'' are listed in CITES 
Appendix II. Certain populations of three of these species, Canada 
lynx, gray wolf, and brown bear, are also listed under the ESA. We 
initially considered that only the Alaskan populations of gray wolf and 
brown bear should be included in our definition of ``CITES furbearers'' 
because the Alaskan populations are not ESA-listed. However, the same 
is true for the Canada lynx, which is included in our definition 
throughout its U.S. range. Upon further review, we believe it is more 
appropriate to base the definition of ``CITES furbearers'' on the CITES 
listings of these species. The definition in Sec.  23.69 includes those 
native furbearers for which States may request approval of a CITES 
export program. Although the State of Alaska is the only State that 
currently has CITES export approval for gray wolf or brown bear, we do 
not want to prohibit other States from seeking export approval for 
these species in the future if the legal and conservation status of 
their populations change.
    Section 23.69 details the CITES requirements for import, export, or 
re-export of fur skins from CITES furbearers and the requirements that 
must be met for export approval of State or tribal programs for CITES 
furbearers. Activities involving specimens from populations of CITES 
furbearers that are protected under the ESA must also meet the 
requirements for ESA-listed species in part 17 and elsewhere in this 
title (see Sec.  23.3).
    Tagging of CITES fur skins and crocodilian skins (Sec. Sec.  23.69 
and 23.70): We propose to amend Sec. Sec.  23.69 and 23.70 to clarify 
the appropriate use of CITES replacement tags for CITES fur skins and 
crocodilian skins. These sections specify that skins with broken, cut, 
or missing tags may not be exported and provide a procedure for 
obtaining replacement tags where this is the case. However, the 
regulations are not intended to allow for the use of CITES replacement 
tags in place of tags that have been deliberately removed to facilitate 
processing or for other reasons. Replacement tags are intended to be 
used to replace CITES tags that have been inadvertently cut or damaged, 
or where the original CITES tags are lost. Although CITES tags 
sometimes break during transport or processing and may sometimes fail 
as a result of a defect, it has been our experience that the failure 
rate is very low (less than 5 percent) and that replacement tags are 
needed infrequently. We also propose to amend the phrases in Sec.  
23.69 paragraphs (c)(3) and (c)(3)(i) and in Sec.  23.70 paragraphs 
(d)(3) and (d)(3)(i) referring to ``broken, cut, or missing'' tags to 
be more consistent with the terminology used in Resolution Conf. 11.12 
(Rev. CoP15).
    In addition, we propose to incorporate changes to tagging 
requirements adopted by the Parties at CoP15, including adding 
``tamper-resistant'' to the required characteristics of CITES tags for 
crocodilians in Sec.  23.70(d)(1)(i) and clarifying that the ``year of 
production'' in Sec.  23.70(d)(1)(ii) and (iii) and in Sec.  
23.70(d)(3)(ii) refers to the year of skin production. We also propose 
to remove the requirement in Sec.  23.70(d)(2) that chalecos must have 
a tag attached to each flank, another change adopted by the Parties at 
CoP15.
    Our regulations in Sec.  23.70 pertaining to tagging of crocodilian 
skins in international trade are based on the tagging requirements laid 
out in Resolution Conf. 11.12 (Rev. CoP15) and currently require that 
the year of production or harvest be included in the information 
permanently stamped on each tag. A question has recently been raised on 
the CITES Secretariat's electronic forum for Management Authorities 
regarding the need for all crocodilian tags to contain the year of 
production or harvest. We agree with the interpretation put forward on 
the forum that the relevant language from Resolution Conf. 11.12 (Rev. 
CoP15) concerning the minimum information to be included on a 
crocodilian tag (``* * * and, where appropriate, the year of skin 
production or harvest, in accordance with the provisions of Resolution 
Conf. 11.16 (Rev. CoP15) * * *'') indicates that it may not always be 
appropriate to include the year of skin production or harvest on the 
tag. We also agree that the resolution language can be interpreted to 
mean that it is appropriate to include the year of skin production or 
harvest on tags for specimens subject to Resolution Conf. 11.16 (Rev. 
CoP15), i.e., specimens of species from populations that have been 
transferred from Appendix I to Appendix II for ranching, but not 
necessarily for all other specimens. The resolution leaves some room 
for interpretation by the Parties. Therefore, we propose to amend Sec.  
23.70(d)(1)(ii) to require that the year of skin production or harvest 
be included only on tags for crocodilian specimens from populations 
that have been transferred from Appendix I to Appendix II for ranching. 
The proposed amendment provides discretion for range countries to 
decide (based on their national management regimes and systems for 
tracking specimens in trade, etc.) whether it is appropriate for them 
to include the year of skin production or harvest on tags they issue 
for specimens other than those specimens from populations of species 
that have been transferred from Appendix I to Appendix II for ranching. 
We will continue to include the year of skin production or harvest on 
U.S. tags for export of American alligator skins because several of our 
States require that it be included. These proposed amendments will make 
our regulations more consistent with Resolution Conf. 11.12 (Rev. 
CoP15).
    Sturgeon caviar (Sec.  23.71): We propose to revise this section to 
provide further guidance on caviar-labeling requirements and the 
requirements for trade in sturgeon and sturgeon products other than 
caviar. We propose to amend our definition of ``sturgeon caviar'' to 
clarify that it refers to roe processed for human consumption, the 
commonly understood meaning of the term, and does not include sturgeon 
or paddlefish eggs or extracts contained in shampoos, cosmetics, 
lotions, or other products for topical application. These products

[[Page 14208]]

containing sturgeon or paddlefish eggs or extracts are regulated under 
CITES and must meet the other requirements in part 23, but are not 
subject to the caviar-labeling requirements in Sec.  23.71. We also 
propose to remove the reference to ``caviar products'' from Sec.  
23.71(g) and add text in Sec.  23.23(c) and (e) stating the need for 
CITES documents to clearly indicate the scientific name and exact 
quantity of each species contained in any product because this 
requirement applies to all products containing CITES species, not just 
to products containing sturgeon roe. We also propose to provide 
information on how U.S. exporters and re-exporters may be added to the 
``Register of licensed exporters and of processing and repackaging 
plants for specimens of sturgeon and paddlefish species'' maintained by 
the CITES Secretariat in accordance with Resolution Conf. 12.7 (Rev. 
CoP14).
    Sport-hunted trophies (Sec.  23.74): At the time our current 
regulations were written, the CITES Parties had not defined ``sport-
hunted trophy.'' We therefore developed the definition in Sec.  
23.74(b) based on our experience with international trade in these 
items and the commonly understood meaning of the term from the 
dictionary and other wildlife regulations. (See 72 FR 48402, August 23, 
2007, for further background.)
    Prior to CoP15, as part of its regular review of resolutions, the 
Secretariat suggested that the Parties consider developing a definition 
of ``hunting trophy'' that could be added to a CITES resolution. The 
United States participated in discussions through an online forum prior 
to CoP15 and in a working group established at CoP15 to consider a 
CITES definition of ``hunting trophy.'' At CoP15, the Parties adopted a 
definition of ``hunting trophy'' in Resolution Conf. 12.3 (Rev. CoP15). 
The major difference between the definition in our current CITES 
regulations and the definition adopted by the Parties is that the 
definition in Resolution Conf. 12.3 (Rev. CoP15) allows manufactured 
items derived from the hunted animal to be considered part of a 
``hunting trophy,'' whereas our definition in 50 CFR part 23 
specifically excludes such items. We continue to have concerns about 
the possible import of fully manufactured products as part of a 
``hunting trophy'' when the items were actually purchased at a store or 
from a taxidermist, for example, and were not made from the sport-
hunted trophy animal. Therefore, we propose to incorporate into Sec.  
23.74(b) the definition contained in Resolution Conf. 12.3 (Rev. CoP15) 
with some additional text to clarify the conditions under which we will 
allow the import into the United States of manufactured items as part 
of a ``hunting trophy.'' If we ultimately incorporate the CITES 
definition into our regulations, we will carefully monitor imports of 
sport-hunted trophies, particularly imports of manufactured items as 
parts of sport-hunted trophies, to evaluate the impact of this change. 
If we identify problems with implementation of the new definition that 
result in increased conservation risks to these species, we will 
revisit our definition of ``sport-hunted trophy'' and propose revisions 
as needed.
    We propose to move the CITES marking requirements for African 
elephant trophies and the definition of ``lip mark area'' from the 
African elephant special rule (50 CFR 17.40(e)) into Sec.  23.74. (See 
the discussion in the preamble on proposed changes to 50 CFR part 17.) 
In addition, at CoP15, the Parties adopted a change to the accepted 
methods for marking of elephant ivory to allow the use of new 
technologies for permanent marking, including the use of lasers. We 
propose to incorporate this change and clarify the marking requirements 
for elephant ivory consistent with Resolution Conf. 10.10 (Rev. CoP15).
    In addition, we propose to amend Sec.  23.74(d) to clarify that the 
requirements in that paragraph apply to sport-hunted trophies from 
populations for which the Conference of the Parties has established an 
annual export quota. We propose some new text and rearrangement of 
existing text in Sec.  23.74(d) and a new paragraph Sec.  23.74(e). 
Although the marking requirements and numbers of trophies from these 
populations that may be imported have not changed, for clarity, we have 
laid out these paragraphs in their entirety.
    Trade in vicu[ntilde]a (Sec.  23.75): We propose to add a new 
section to the regulations to address the requirements for 
international trade in specimens of vicu[ntilde]a. Certain populations 
of vicu[ntilde]a are listed in Appendix II for the exclusive purpose of 
allowing international trade in wool sheared from live animals, cloth 
made from that wool, and products made from the cloth or wool. The 
CITES Parties have adopted specific requirements for labeling of these 
vicu[ntilde]a products in international trade. These requirements are 
currently contained in our special rule for threatened vicu[ntilde]a in 
50 CFR part 17. We believe it is more appropriate to include these 
specific CITES requirements in our CITES regulations and therefore we 
propose to remove them from part 17 and insert them into a new section 
(Sec.  23.75) in part 23. (See the discussion in the preamble regarding 
proposed changes to part 17.) We also propose minor changes to more 
accurately reflect the labeling requirements contained in the current 
annotations to the CITES vicu[ntilde]a listings (see the discussion in 
the preamble regarding changes to the vicu[ntilde]a special rule in 
part 17).
    Roles of the Secretariat and the committees (Sec.  23.84): At 
CoP14, the Parties agreed to dissolve the Nomenclature Committee and 
move its duties and responsibilities to the Animals and Plants 
Committees. The CoP now appoints a specialist on zoological 
nomenclature to the Animals Committee and a specialist on botanical 
nomenclature to the Plants Committee to undertake the work previously 
performed by the Nomenclature Committee. These individuals are ex 
officio and non-voting. We propose to incorporate these changes, 
described in Resolution Conf. 11.1 (Rev. CoP15) and Resolution Conf. 
12.11 (Rev. CoP15), into our regulations at Sec.  23.84.
    Exempt wildlife and plants (Sec.  23.92): We propose to revise this 
section to make a distinction between species or specimens that are 
always exempt from CITES requirements and those that are exempt if they 
meet certain conditions.

Required Determinations

    Regulatory Planning and Review: The Office of Management and Budget 
(OMB) has determined that this rule is not significant. OMB bases its 
determination upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act 
(as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations,

[[Page 14209]]

and small government jurisdictions) (5 U.S.C. 601 et seq.). However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities. Thus, for a regulatory 
flexibility analysis to be required, impacts must exceed a threshold 
for ``significant impact'' and a threshold for a ``substantial number 
of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule would not have a 
significant economic impact on a substantial number of small entities.
    The U.S. Small Business Administration (SBA) defines a small 
business as one with annual revenue or employment that meets or is 
below an established size standard. We expect that the majority of the 
entities involved with international trade in CITES specimens would be 
considered small as defined by the SBA. The declared value for U.S. 
international trade in CITES wildlife (not including plants) was $819 
million in 2000, $428 million in 2001, $345 million in 2002, $394 
million in 2003, $1.5 billion in 2004 (including one export of a single 
panda to China with a declared value of $1 billion), $737 million in 
2005, $748 million in 2006, $1.0 billion in 2007, and $846 million in 
2008.
    This proposed rule would create no substantial fee or paperwork 
changes in the permitting process. The regulatory changes are not major 
in scope and would create only a modest financial or paperwork burden 
on the affected members of the general public. The proposed change from 
the current annual reporting requirement for registered facilities 
breeding Appendix-I wildlife to a 5-year renewal requirement would 
reduce the paperwork burden for these facilities.
    This proposed rule would benefit businesses engaged in 
international trade by providing updated and clearer regulations for 
the international trade of CITES specimens. We do not expect these 
benefits to be significant under the Regulatory Flexibility Act. The 
authority to enforce CITES requirements already exists under the ESA 
and is carried out by regulations contained in 50 CFR part 23. The 
requirements that must be met to import, export, and re-export CITES 
species are based on the text of CITES, which has been in effect in the 
United States since 1975.
    We therefore certify that this proposed rule would not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
A Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.
    Small Business Regulatory Enforcement Fairness Act: This proposed 
rule is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. This proposed rule provides the importing and exporting 
community in the United States with updated and more clearly written 
regulations implementing CITES. This proposed rule would not have a 
negative effect on this part of the economy. It would affect all 
importers, exporters, and re-exporters of CITES specimens equally, and 
the benefits of having updated guidance on complying with CITES 
requirements would be evenly spread among all businesses, whether large 
or small. There is not a disproportionate share of benefits for small 
or large businesses.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, tribal, or local 
government agencies; or geographic regions. The proposed rule would 
result in a small increase in fees for registered operations breeding 
Appendix-I species due to the requirement for renewal of registrations 
every 5 years.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule would assist U.S. businesses and individuals traveling 
abroad in ensuring that they are meeting all current CITES 
requirements, thereby decreasing the possibility that shipments may be 
delayed or even seized in another country that has implemented CITES 
resolutions not yet incorporated into U.S. regulations.
    Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.):
    a. This proposed rule would not significantly or uniquely affect 
small governments. A Small Government Agency Plan is not required. As 
the lead agency for implementing CITES in the United States, we are 
responsible for monitoring import and export of CITES wildlife and 
plants, including their parts, products, and derivatives, and issuing 
import and export documents under CITES. The structure of the program 
imposes no unfunded mandates. Therefore, this proposed rule would have 
no effect on small governments' responsibilities.
    b. This proposed rule would not produce a Federal requirement of 
$100 million or greater in any year and is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.
    Takings: Under Executive Order 12630, this proposed rule does not 
have significant takings implications. A takings implication assessment 
is not required because the proposed rule would not further restrict 
the import, export, or re-export of CITES specimens. Rather, the 
proposed rule would update and clarify the regulations for the import, 
export, and re-export of CITES specimens, which would assist the 
importing and exporting community in conducting international trade in 
CITES specimens.
    Federalism: These proposed revisions to part 23 do not contain 
significant Federalism implications. A Federalism Assessment under 
Executive Order 13132 is not required.
    Civil Justice Reform: Under Executive Order 12988, the Office of 
the Solicitor has determined that this proposed rule does not unduly 
burden the judicial system and meets the requirements of sections 3(a) 
and 3(b)(2) of the Order.
    Paperwork Reduction Act: This proposed rule contains a collection 
of information that we have submitted to OMB for review and approval 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We 
may not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    OMB approved the information collection requirements associated 
with the initial registration of commercial facilities that breed CITES 
Appendix-I animals (FWS Form 3-200-65) and assigned OMB Control Number 
1018-0093, which expires February 28, 2014. Under our current 
regulations, once a facility is registered, the registration does not 
expire. We are proposing to limit the length of time a registration is 
valid to no more than 5 years. Applicants will use Form 3-200-65, the 
same form used to request the initial registration, to request renewal 
of a registration. We will use the information collected through the 
renewal process to determine if an operation still meets the 
requirements for registration under CITES.
    There are currently 15 U.S. commercial breeding operations 
registered with the CITES Secretariat, and we have 9 pending 
applications for registration. For each operation that wishes to renew 
its registration, the

[[Page 14210]]

frequency of response will be at least every 5 years. We estimate that 
we would have no more than 5 applications for renewal in any given year 
and that the public burden for this information collection would be 20 
hours per response. This estimate includes time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the application form.
    OMB Control No.: 1018-NEW.
    Title: Renewal of Registration for Appendix-I Commercial Breeding 
Operations (CITES).
    Service Form Number(s): 3-200-65.
    Description of Respondents: Registered commercial facilities that 
breed Appendix-I (CITES) animals.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: Once every 5 years.
    Total Annual Number of Responses: 5.
    Completion Time per Response: 20 hours.
    Total Annual Burden Hours: 100 hours.
    Total Annual Non-hour Cost Burden: $250 (application fee of $50 for 
each renewal).
    After we issue final regulations, we will incorporate the new 
information collection burden for Form 3-200-65 into OMB Control No. 
1018-0093.
    As part of our continuing efforts to reduce paperwork and 
respondent burdens, we invite the public and other Federal agencies to 
comment on any aspect of the reporting burden associated with this 
proposed information collection. We specifically invite comments 
concerning:
    (1) Whether or not the collection of information is necessary for 
the proper performance of our management functions involving CITES, 
including whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
respondents.
    If you wish to comment on the information collection requirements 
of this proposed rule, send your comments directly to OMB (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of this Proposal in the ADDRESSES section). Please identify 
your comments with 1018-AW82. Please provide a copy of your comments to 
the Service Information Collection Clearance Officer (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of this Proposal in the ADDRESSES section).
    National Environmental Policy Act (NEPA): This proposed rule has 
been analyzed under the criteria of the National Environmental Policy 
Act, the Department of the Interior procedures for compliance with NEPA 
(Departmental Manual (DM) and 43 CFR part 46), and Council on 
Environmental Quality regulations for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508). This proposed rule does 
not amount to a major Federal action significantly affecting the 
quality of the human environment. An environmental impact statement or 
evaluation is not required. This proposed rule is a regulation that is 
of an administrative, legal, technical, or procedural nature, and its 
environmental effects are too broad, speculative, or conjectural to 
lend themselves to meaningful analysis under NEPA. The FWS has 
determined that this proposed rule is categorically excluded from 
further NEPA (42 U.S.C. 4321 et seq.) review as provided by 516 DM 2, 
Appendix 1.9, of the Department of the Interior National Environmental 
Policy Act Revised Implementing Procedures and 43 CFR 46.210(i). No 
further documentation will be made.
    Government-to-Government Relationship with Tribes: Under the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951) and 
512 DM 2, we have evaluated possible effects on Federally recognized 
Indian Tribes and have determined that there are no effects. Individual 
tribal members must meet the same regulatory requirements as other 
individuals who trade internationally in CITES species.
    Energy Supply, Distribution, or Use: On May 18, 2001, the President 
issued Executive Order 13211 on regulations that significantly affect 
energy supply, distribution, or use. This proposed rule would revise 
the current regulations in 50 CFR part 23 that implement CITES. The 
regulations provide procedures to assist individuals and businesses 
that import, export, and re-export CITES wildlife and plants, and their 
parts, products, and derivatives, to meet international requirements. 
This proposed rule would not significantly affect energy supplies, 
distribution, and use. Therefore, this action is a not a significant 
energy action and no Statement of Energy Effects is required.
    Clarity of this regulation: We are required by Executive Orders 
12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to 
write all rules in plain language. This means that each rule we publish 
must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, please send us 
comments by one of the methods listed under the heading General 
Comments in the ADDRESSES section. To better help us revise the rule, 
your comments should be as specific as possible. For example, you 
should tell us the numbers of the sections or paragraphs that are 
unclearly written, which sections or sentences are too long, the 
sections where you feel lists or tables would be useful, etc.

Public Comments

    We are seeking comments on whether the provisions in this proposed 
rule allow the affected public to effectively comply with CITES. Except 
for comments concerning the information collection aspects of this 
proposed rule, you may submit your comments and materials concerning 
this proposed rule by one of the methods listed under the heading 
General Comments in the ADDRESSES section. We will not accept comments 
sent by email or fax or to an address not listed under the heading 
General Comments in the ADDRESSES section. For information on 
submitting comments concerning the information collection aspects of 
this proposed rule, see the DATES, ADDRESSES, and Paperwork Reduction 
Act sections of this proposal.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in your written comments, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that we will be able 
to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays, at the U.S. Fish and Wildlife Service; Division of 
Management Authority; 4401 N. Fairfax Drive, Suite 212; Arlington, VA 
22203; telephone, (703) 358-2093.

[[Page 14211]]

List of Subjects

50 CFR Part 13

    Administrative practice and procedure, Exports, Fish, Imports, 
Plants, Reporting and recordkeeping requirements, Transportation, 
Wildlife.

50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

50 CFR Part 23

    Animals, Endangered and threatened species, Exports, Fish, Foreign 
trade, Forest and forest products, Imports, Incorporation by reference, 
Marine mammals, Plants, Reporting and recordkeeping requirements, 
Transportation, Treaties, Wildlife.

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend title 
50, chapter I, subchapter B of the CFR as follows:

PART 13--[AMENDED]

    1. The authority citation for part 13 continues to read as follows:

    Authority:  16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 
1202; 31 U.S.C. 9701.


Sec.  13.3  [Amended]

    2. Section 13.3 is amended by removing the words ````Endangered 
Species Convention'' (the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora)'' from the first sentence 
and adding in their place the words `` ``Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES)''.''
    3. Section 13.11 is amended by:
    a. Adding the words ``the Service's permits Web page at https://www.fws.gov/permits/; and the'' immediately following the colon in the 
first sentence of subparagraph (b)(3);
    b. Removing the words ``Room 700'' from the first sentence of 
subparagraph (b)(3) and adding in their place the words ``Room 212'';
    c. Adding the word ``street'' immediately before the word 
``address'' in the last sentence of subparagraph (b)(3); and
    d. Adding an entry to the table in subparagraph (d)(4) under the 
section titled ``Endangered Species Act/CITES/Lacey Act'' immediately 
following the entry for ``CITES Registration of Commercial Breeding 
Operations for Appendix-I Wildlife'' to read as set forth below.


Sec.  13.11  Application procedures.

* * * * *
    (d) * * *
    (4) * * *

----------------------------------------------------------------------------------------------------------------
              Type of permit                       CFR citation             Fee             Amendment fee
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                     Endangered Species Act/CITES/Lacey Act
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
--Renewal of Registration of Commercial    50 CFR Part 23.............           50  ...........................
 Breeding Operations for Appendix-I
 wildlife.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    4. Section 13.12(b) is amended by:
    a. Revising the introductory text to read as set forth below;
    b. In the table, under the heading ``Threatened wildlife and plant 
permits:'' removing the entry for ``American alligator--buyer or 
tanner''; and
    c. In the table, removing the final entry, ``Endangered Species 
Convention permits.''


Sec.  13.12  General information requirements on applications for 
permits.

* * * * *
    (b) Additional information required on permit applications. As 
stated in paragraph (a)(3) of this section, certain additional 
information is required on all permit applications. For CITES permit 
applications, see part 23 of this subchapter. Additional information 
required on applications for other types of permits may be found by 
referring to the sections of this subchapter cited in the following 
table:
* * * * *

PART 17--[AMENDED]

    5. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.


Sec.  17.9  [Amended]

    6. Section 17.9(a)(2) is amended by:
    a. Removing the words ``Office of'' and adding in their place the 
words ``Division of''; and
    b. Removing the words ``Room 700'' and adding in their place the 
words ``Room 212''.


Sec.  17.11  [Amended]

    7. In Sec.  17.11(h), the List of Endangered and Threatened 
Wildlife, the entries for ``Caiman, brown,'' ``Caiman, common,'' and 
``Caiman, yacare'' are amended by, in each entry, removing the number 
``17.42(g)'' from the column titled ``Special rules'' and adding in its 
place the number ``17.42(c)''.


Sec.  17.21  [Amended]

    8. Section 17.21(g)(2) is amended by:
    a. Removing the words ``Office of'' in the first sentence and 
adding in their place the words ``Division of''; and
    b. Adding the words ``Room 212,'' in the first sentence immediately 
following the words ``Fairfax Drive,''.
    9. Section 17.40 is amended by:
    a. Revising subparagraph (b)(1)(i)(B) to read as set forth below;
    b. Removing the words ``Assistant Regional Director, Division of 
Law Enforcement, U.S. Fish and Wildlife Service'' from subparagraphs 
(b)(1)(i)(C)(3), (b)(1)(i)(D), and (b)(1)(ii) and adding in their place 
the words ``U.S. Fish and Wildlife Service law enforcement office'';
    c. Removing subparagraph (e)(1)(iv);
    d. Revising subparagraph (e)(3)(iii)(D) to read as set forth below;
    e. Adding the words ``(Panthera pardus)'' immediately following the 
word ``Leopard'' in the heading of paragraph (f);
    f. Revising the first sentence of subparagraph (h)(5) to read as 
set forth below;

[[Page 14212]]

    g. Revising the heading of paragraph (m) to read as set forth 
below;
    h. Removing the first sentence following the heading of paragraph 
(m);
    i. Revising subparagraphs (m)(1)(ii)and (m)(1)(iii) to read as set 
forth below;
    j. Revising subparagraph (m)(2) to read as set forth below;
    k. Removing the words ``an information notice'' from the second 
sentence of subparagraph (m)(3) and adding in their place the words ``a 
public bulletin'';
    l. Removing subparagraphs (m)(3)(i) and (m)(3)(iv); and
    m. Redesignating subparagraphs (m)(3)(ii) and (m)(3)(iii) as 
subparagraphs (m)(3)(i) and (m)(3)(ii).


Sec.  17.40  Special rules--mammals.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) Grizzly bears may be taken in self-defense or in defense of 
others, but such taking shall be reported by the individual who has 
taken the bear or his designee within 5 days of occurrence to the 
Resident Agent in Charge, Office of Law Enforcement, U.S. Fish and 
Wildlife Service, 2900 4th Avenue North, Suite 301, Billings, MT 59101 
(406-247-7355), if occurring in Montana or Wyoming, or the Special 
Agent in Charge, Office of Law Enforcement, U.S. Fish and Wildlife 
Service, P.O. Box 9, Sherwood, OR 97140 (503-521-5300), if occurring in 
Idaho or Washington, and to appropriate State and Tribal authorities. 
Grizzly bears taken in self-defense or in defense of others, including 
the parts of such bears, shall not be possessed, delivered, carried, 
transported, shipped, exported, received, or sold, except by Federal, 
State, or Tribal authorities.
* * * * *
    (e) * * *
    (3) * * *
    (iii) * * *
    (D) The trophy is legibly marked in accordance with part 23 of this 
subchapter.
* * * * *
    (h) * * *
    (5) Any take pursuant to paragraph (h)(4) of this section must be 
reported in writing to the U.S. Fish and Wildlife Service, Office of 
Law Enforcement, 4401 N. Fairfax Drive, LE-3000, Arlington, VA 22203, 
within 5 days. * * *
* * * * *
    (m) Vicu[ntilde]a (Vicugna vicugna).
    (1) * * *
    (1) * * *
    (ii) Import, export, and re-export. Except as provided in paragraph 
(m)(2) of this section, it is unlawful to import, export, or re-export, 
or present for export or re-export without valid permits as required 
under parts 17 and 23 of this subchapter, any vicu[ntilde]a or 
vicu[ntilde]a parts and products. For import of embryos, blood, other 
tissue samples, or live vicu[ntilde]a, permits required under Sec.  
17.32 and part 23 will be issued only for bona fide scientific research 
contributing to the conservation of the species in the wild.
    (iii) Other activities. Except as provided in paragraph (m)(2) of 
this section, it is unlawful to sell or offer for sale, deliver, 
receive, carry, transport, or ship in interstate or foreign commerce 
and in the course of a commercial activity any vicu[ntilde]a or 
vicu[ntilde]a parts and products. * * * * *
    (2) What activities involving vicu[ntilde]a are allowed by this 
rule? You may import, export, or re-export, or place in interstate or 
foreign commerce, raw wool sheared from live vicu[ntilde]as, cloth made 
from such wool, or manufactured or handicraft products and articles 
made from or consisting of such wool or cloth without a threatened 
species permit issued according to Sec.  17.32 only when the following 
provisions have been met:
    (i) The specimens originated from a population listed in CITES 
Appendix II.
    (ii) The provisions in parts 13, 14, and 23 of this subchapter are 
met, including the specific labeling provisions in part 23.
    (iii) Personal and household effects. Under the provisions of this 
special rule, raw wool sheared from live vicu[ntilde]as, cloth made 
from such wool, or manufactured or handicraft products and articles 
made from or consisting of such wool or cloth are not granted the 
personal or household effects exemption described in part 23 of this 
subchapter. In addition to the provisions of this paragraph (m)(2), 
such specimens may only be imported, exported, or re-exported when 
accompanied by a valid CITES document.
    (iv) Labeling of wool sheared from live vicu[ntilde]as. Any 
shipment of raw wool sheared from live vicu[ntilde]as must be sealed 
with a tamper-proof seal and have the following:
    (A) An identification tag with a code identifying the country of 
origin of the raw vicu[ntilde]a wool and the CITES export permit 
number; and
    (B) The vicu[ntilde]a logotype as defined in 50 CFR part 23 and the 
words ``VICU[Ntilde]A--COUNTRY OF ORIGIN'', where country of origin is 
the name of the country from which the raw vicu[ntilde]a wool was first 
exported.
    (v) At the time of import, the country of origin and each country 
of re-export involved in the trade of a particular shipment have not 
been identified by the CITES Conference of the Parties, the CITES 
Standing Committee, or in a Notification from the CITES Secretariat as 
a country from which Parties should not accept permits.
* * * * *
    10. Section 17.44 is amended by:
    a. Revising the heading of paragraph (y) to read as set forth 
below;
    b. Removing the first sentence following the heading of paragraph 
(y);
    c. Revising subparagraph (y)(3)(i)(A) to read as set forth below;
    d. Revising subparagraph (y)(3)(ii) to read as set forth below;
    e. Removing subparagraph (y)(4)(iii);
    f. Redesignating subparagraphs (y)(4)(iv) through (y)(4)(vi) as 
(y)(4)(iii) through (y)(4)(v);
    g. Revising newly redesignated subparagraph (y)(4)(iii) to read as 
set forth below;
    h. Revising the fourth sentence after the heading of subparagraph 
(y)(5) to read as set forth below;
    i. Removing the words ``an information bulletin'' from the first 
sentence after the heading of subparagraph (y)(6) and adding in their 
place the words ``a public bulletin''; and
    j. Removing the words ``Room 700'' in the NOTE to paragraph (y)(6) 
and adding in their place the words ``Room 212''.


Sec.  17.44  Special rules--fishes.

* * * * *
    (y) Beluga sturgeon (Huso huso). * * *
    (3) * * *
    (i) * * *
    (A) Beluga sturgeon caviar, including beluga sturgeon caviar in 
interstate commerce in the United States, must be labeled in accordance 
with the CITES labeling requirements in 50 CFR part 23.
* * * * *
    (ii) Personal and household effects. You may import, export, or re-
export, or conduct interstate or foreign commerce in beluga sturgeon 
specimens that qualify as personal or household effects under 50 CFR 
part 23 without a threatened species permit otherwise required under 
Sec.  17.32. Trade suspensions or trade restrictions administratively 
imposed by the Service under paragraphs (y)(6) or (y)(7) of this 
section may also apply to personal and household effects of beluga 
sturgeon caviar.
* * * * *
    (4) * * *
    (iii) CITES compliance. Trade in beluga sturgeon specimens must 
comply

[[Page 14213]]

with CITES requirements in 50 CFR part 23. Except as provided in 
paragraph (y)(3)(ii) of this section, all shipments of beluga sturgeon 
specimens, including those exempted from threatened species permits 
under this special rule, must be accompanied by valid CITES documents 
upon import, export, or re-export. Beluga sturgeon caviar, including 
beluga sturgeon caviar in interstate commerce in the United States, 
must be labeled in accordance with the CITES labeling requirements in 
50 CFR part 23.
    (5) * * * Facilities outside the littoral states wishing to obtain 
such exemptions must submit a written request to the Division of 
Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax 
Drive, Room 212, Arlington, VA 22203, and provide information that 
shows at a minimum, all of the following: * * *
* * * * *
    11. Section 17.62 is amended by:
    a. Revising subparagraph (a)(4); and
    b. Revising the third sentence of subparagraph (c)(3), and adding a 
sentence to the end of that paragraph, to read as set forth below.


Sec.  17.62  Permits for scientific purposes or for the enhancement of 
propagation or survival.

* * * * *
    (a) * * *
    (4) When the activity applied for involves a species also regulated 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, additional requirements in part 23 of this subchapter 
must be met.
* * * * *
    (c) * * *
    (3) * * * If the specimens are of taxa also regulated by the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora, specific information must be entered on the Customs 
declaration label affixed to the outside of each shipping container or 
package. See part 23 of this subchapter for requirements for trade in 
CITES specimens between registered scientific institutions.
* * * * *
    12. Section 17.72 is amended by:
    a. Revising paragraph (a)(4); and
    b. Revising the third sentence of paragraph (c)(3), and adding a 
sentence to the end of that paragraph, to read as set forth below.


Sec.  17.72  Permits--general.

* * * * *
    (a) * * *
    (4) When the activity applied for involves a species also regulated 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, additional requirements in part 23 of this subchapter 
must be met.
* * * * *
    (c) * * *
    (3) * * * If the specimens are of taxa also regulated by the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora, specific information must be entered on the Customs 
declaration label affixed to the outside of each shipping container or 
package. See part 23 of this subchapter for requirements for trade in 
CITES specimens between registered scientific institutions.
* * * * *

PART 23--[AMENDED]

    13. The authority citation for part 23 continues to read as 
follows:

    Authority: Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and 
Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

    14. Section 23.2 is amended by:
    a. Revising the text in the left-hand column of paragraph (b) to 
read as set forth below;
    b. Redesignating paragraph (d) as paragraph (e); and
    c. Adding a new paragraph (d) to read as set forth below.


Sec.  23.2  How do I decide if these regulations apply to my shipment 
or me?

* * * * *

------------------------------------------------------------------------
     Question on proposed activity              Answer and action
------------------------------------------------------------------------
 
                              * * * * * * *
(b) Is the wildlife or plant specimen             * * * * * * *
 exempted from CITES requirements (see
 Sec.   23.92 (b))?
 
                              * * * * * * *
(d) Is the specimen that you possess or  (1) YES. The regulations in
 want to enter into intrastate or         this part apply. See Sec.
 interstate commerce subject to           23.55.
 restrictions on its use after import?
                                         (2) NO. Continue to paragraph
                                          (e) of this section.
 
                              * * * * * * *
------------------------------------------------------------------------

    15. Section 23.5 is amended by:
    a. Revising the definition of Bred for noncommercial purposes by 
removing the words ``, and is conducted between facilities that are 
involved in a cooperative conservation program'' from the end of the 
sentence;
    b. Removing the entry for Cooperative conservation program;
    c. Revising the definitions of Coral (dead), Coral fragments, Coral 
(live), and Coral sand to read as set forth below;
    d. Revising the first sentence, and adding a sentence to the end, 
of the definition of Coral rock to read as set forth below;
    e. Adding, in alphabetical order, a definition of Coral (stony) to 
read as set forth below;
    f. Revising the definition of Cultivar to read as set forth below;
    g. Revising the definition of Introduction from the sea to read as 
set forth below; and
    h. Adding, in alphabetical order, a definition of Ranched wildlife 
to read as set forth below.


Sec.  23.5  How are the terms used in these regulations defined?

* * * * *
    Coral (dead) means pieces of stony coral that contain no living 
coral tissue and in which the structure of the corallites (skeletons of 
the individual polyps) is still intact and the specimens are therefore 
identifiable to the level of species or genus. See also Sec.  
23.23(c)(13).
    Coral fragments, including coral gravel and coral rubble, means 
loose pieces of broken finger-like stony coral between 2 and 30 mm 
measured in any direction that contain no living coral tissue and are 
not identifiable to the level of genus (see Sec.  23.92 for 
exemptions).
    Coral (live) means pieces of stony coral that are alive and are 
therefore identifiable to the level of species or genus. See also Sec.  
23.23(c)(13).

[[Page 14214]]

    Coral rock means hard consolidated material greater than 30 mm 
measured in any direction that consists of pieces of stony coral that 
contain no living coral tissue and possibly also cemented sand, 
coralline algae, or other sedimentary rocks. * * * See also Sec.  
23.23(c)(13).
    Coral sand means material that consists entirely or in part of 
finely crushed stony coral no larger than 2 mm measured in any 
direction that contains no living coral tissue and is not identifiable 
to the level of genus (see Sec.  23.92 for exemptions).
    Coral (stony) means any coral in the orders Helioporacea, 
Milleporina, Scleractinia, Stolonifera, and Stylasterina.
* * * * *
    Cultivar means a horticulturally derived plant variety that: (a) 
Has been selected for a particular character or combination of 
characters; (b) is distinct, uniform, and stable in these characters; 
and (c) when propagated by appropriate means, retains these characters. 
The cultivar name and description must be formally published in order 
to be recognized under CITES.
* * * * *
    Introduction from the sea means transportation into a country of 
specimens of any species that were taken in the marine environment not 
under the jurisdiction of any country, i.e., taken in those marine 
areas beyond the areas subject to the sovereignty or sovereign rights 
of a country consistent with international law, as reflected in the 
United Nations Convention on the Law of the Sea.
* * * * *
    Ranched wildlife means specimens of animals reared in a controlled 
environment that were taken from the wild as eggs or juveniles where 
they would otherwise have had a very low probability of surviving to 
adulthood. See also Sec.  23.34.
* * * * *


Sec.  23.7  [Amended]

    16. Section 23.7 is amended by:
    a. In paragraph (a) under the Office to contact table heading, 
removing the words ``Room 700'' and adding in their place the words 
``Room 212''; and
    b. In paragraph (b) under the Office to contact table heading, 
removing the words ``Room 750'' and adding in their place the words 
``Room 110''.


Sec.  23.8  [Amended]

    17. Section 23.8 is amended by removing the words ``Numbers 1018-
0093 and 1018-0137'' from the end of the first sentence and adding in 
their place the words ``Number 1018-0093''.
    18. Section 23.13 is amended by:
    a. Redesignating paragraph (d) as paragraph (f);
    b. Adding a new paragraph (d) and a new paragraph (e) to read as 
set forth below; and
    c. In the newly redesignated paragraph (f), removing the words 
``(a) through (c)'' and adding in their place the words ``(a) through 
(e)''.


Sec.  23.13  What is prohibited?

* * * * *
    (d) Use any specimen of a species listed in Appendix I, II, or III 
of CITES for any purpose contrary to what is allowed under Sec.  23.55.
    (e) Violate any other provisions of this part.
* * * * *
    19. Section 23.18 is amended by removing the decision tree and 
adding in its place the following decision tree.


Sec.  23.18  What CITES documents are required to export Appendix-I 
wildlife?

* * * * *
BILLING CODE 4310-55-P

[[Page 14215]]

[GRAPHIC] [TIFF OMITTED] TP08MR12.021

    20. Section 23.19 is amended by removing the decision tree and 
adding in its place the following decision tree.


Sec.  23.19  What CITES documents are required to export Appendix-I 
plants?

* * * * *

[[Page 14216]]

[GRAPHIC] [TIFF OMITTED] TP08MR12.022

BILLING CODE 4310-55-C
    21. Section 23.23 is amended by:
    a. Removing the words ``on a form printed'' in the first sentence 
of paragraph (b) and adding in their place the word ``issued'';
    b. Adding a sentence to the end of subparagraph (c)(1) to read as 
set forth below;
    c. Revising subparagraph (c)(7) to read as set forth below;
    d. Removing the first sentence in the right-hand column of 
subparagraph (c)(12) and adding in its place two sentences to read as 
set forth below;
    e. Removing the first sentence in the right-hand column of 
subparagraph (c)(13) and adding in its place three sentences to read as 
set forth below;
    f. Redesignating subparagraphs (c)(13)(i)(B) through (c)(13)(i)(C) 
as (c)(13)(i)(C) through (c)(13)(i)(D);
    g. Adding new subparagraph (c)(13)(i)(B) to read as set forth 
below;
    h. Adding the words ``or signature stamp'' immediately following 
the words ``original handwritten signature'' in the first sentence of 
subparagraph (c)(16);
    i. Adding a sentence immediately following the first sentence in 
the right-hand column of subparagraph (c)(18) to read as set forth 
below;

[[Page 14217]]

    j. Revising the first sentence of subparagraph (c)(21) to read as 
set forth below;
    k. Removing the word ``calendar'' from subparagraph (e)(5)(i);
    l. Adding a new subparagraph (e)(10)(iv) to read as set forth 
below; and
    m. Removing the words ``include hybrids'' from subparagraph 
(f)(2)(ii) and adding in their place the words ``treat hybrids as 
Appendix-I specimens''.


Sec.  23.23  What information is required on U.S. and foreign CITES 
documents?

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                Required information                                          Description
----------------------------------------------------------------------------------------------------------------
(1) * * *                                             * * * For products that contain or consist of more than
                                                       one CITES species, the Appendix in which each species is
                                                       listed must be indicated on the CITES document.
 
                                                  * * * * * * *
(7) Humane transport of live specimens                If the CITES document authorizes the export or re-export
                                                       of live specimens, a statement that the document is valid
                                                       only if the transport conditions comply with the
                                                       International Air Transport Association Live Animals
                                                       Regulations (for animals) or the International Air
                                                       Transport Association Perishable Cargo Regulations (for
                                                       plants). A shipment containing live animals must comply
                                                       with the requirements of the Live Animals Regulations
                                                       (LAR) 37th edition, October 1, 2010, by the International
                                                       Air Transport Association (IATA), Reference Number: 9105-
                                                       37, ISBN 978-92-9233-373-7. A shipment containing live
                                                       plants must comply with the requirements for plants in
                                                       IATA's Perishable Cargo Regulations (PCR) 10th edition,
                                                       July 1, 2010, Reference Number: 9526-10, ISBN 978-92-9233-
                                                       371-3. The incorporation by reference of these documents
                                                       was approved by the Director of the Office of the Federal
                                                       Register in accordance with 5 U.S.C. 552(a) and 1 CFR
                                                       part 51. Copies of the LAR and PCR may be obtained from
                                                       IATA, 800 Place Victoria, P.O. Box 113, Montreal, Quebec,
                                                       Canada H4Z 1M1, by calling 1-800-716-6326, or ordering
                                                       through the Internet at https://www.iata.org. Copies may
                                                       be inspected at the U.S. Management Authority, Fish and
                                                       Wildlife Service, 4401 N. Fairfax Dr., Room 212,
                                                       Arlington, VA 22203 or at the National Archives and
                                                       Records Administration (NARA). For information on the
                                                       availability of this material at NARA, call 202-741-6030,
                                                       or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
 
                                                  * * * * * * *
(12) * * *                                            The quantity of specimens authorized in the shipment and,
                                                       if appropriate, the unit of measurement using the metric
                                                       system. For products that contain or consist of more than
                                                       one CITES species, the quantity of each species must be
                                                       indicated on the CITES document.
 
                                                  * * * * * * *
(13) * * *                                            The scientific name of the species, including the
                                                       subspecies when needed to determine the level of
                                                       protection of the specimen under CITES. For products that
                                                       contain or consist of more than one CITES species, the
                                                       scientific name of each species must be indicated on the
                                                       CITES document. Scientific names must be in the standard
                                                       nomenclature as it appears in the CITES Appendices or the
                                                       references adopted by the CoP. * * *
                                                      (i) * * *
                                                      (B) If the species cannot be determined for worked
                                                       specimens of black coral, specimens may be identified at
                                                       the genus level. If the genus cannot be determined for
                                                       worked specimens of black coral, the scientific name to
                                                       be used is the order Antipatharia. Raw black coral and
                                                       live black coral must be identified to the level of
                                                       species.
 
                                                  * * * * * * *
(18) * * *                                            * * * For products that contain or consist of more than
                                                       one CITES species, the source code of each species must
                                                       be indicated on the CITES document. * * *
 
                                                  * * * * * * *
(21) * * *                                            Except as provided for replacement (Sec.   23.52(f)) or
                                                       retrospective (Sec.   23.53(f)) CITES documents, the
                                                       actual quantity of specimens exported or re-exported: * *
                                                       *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

------------------------------------------------------------------------
       Type of document             Additional required information
------------------------------------------------------------------------
 
                              * * * * * * *
(10) * * *...................  * * *
                               (iv) For products that contain or consist
                                of more than one CITES species, the
                                information in (i)-(iii) for each
                                species must be indicated on the CITES
                                document.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 14218]]

Sec.  23.24  [Amended]

    22. Section 23.24 is amended by:
    a. Removing the words ``which should be'' in the first sentence of 
the introductory text and adding in their place the words ``which may 
be'';
    b. Adding the words ``(see Sec.  23.5)'' immediately following the 
words ``Captive-bred'' in subparagraph (d)(2)(i);
    c. Removing subparagraph (d)(2)(iii);
    d. Removing the words ``to be used'' in paragraph (f) and adding in 
their place the words ``may be used''; and
    e. Removing the words ``(wildlife that originated from a ranching 
operation).'' in paragraph (g) and adding in their place the words 
``(see Sec.  23.5).''
    23. Section 23.26 is amended by:
    a. Revising the sentence in the right-hand column of subparagraph 
(c)(8) to read as set forth below;
    b. Redesignating subparagraphs (d)(4) through (d)(8) as (d)(5) 
through (d)(9);
    c. Adding new subparagraph (d)(4) to read as set forth below;
    d. Redesignating newly designated subparagraphs (d)(7) through 
(d)(9) as subparagraphs (d)(8) through (d)(10);
    e. Adding new subparagraph (d)(7) to read as set forth below; and
    f. Adding new subparagraph (d)(11) to read as set forth below.


Sec.  23.26  When is a U.S. or foreign CITES document valid?

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                   Conditions for an acceptable CITES
          Key phrase                            document
------------------------------------------------------------------------
 
                              * * * * * * *
(8) * * *....................  Live wildlife or plants were transported
                                in compliance with the International Air
                                Transport Association Live Animals
                                Regulations (for animals) or the
                                International Air Transport Association
                                Perishable Cargo Regulations (for
                                plants) (See Sec.   23.23(c)(7).)
 
                              * * * * * * *
------------------------------------------------------------------------

     (d) * * *
    (4) The CITES document includes a species for which the Secretariat 
has published an annotated quota.
* * * * *
    (7) We know or have reasonable grounds to believe that an Appendix-
I specimen was not bred at a facility registered with the CITES 
Secretariat and that the purpose of the import is commercial.
* * * * *
    (11) The export permit or re-export certificate does not contain 
validation or certification by an inspecting official at the time of 
export of the actual quantity exported or re-exported.
    24. Section 23.27 is amended by:
    a. Adding two sentences to the end of paragraph (a) to read as set 
forth below; and
    b. Adding the words ``exporting or re-exporting'' immediately 
following the words ``Officials in each'' in the first sentence of 
paragraph (c).


Sec.  23.27  What CITES documents do I present at the port?

    (a) * * * Article VI, paragraph 6, of the Treaty requires that the 
Management Authority of the importing country cancel and retain the 
export permit or re-export certificate and any corresponding import 
permit presented. In the United States, for imports of CITES-listed 
plant specimens, CITES inspecting officials cancel and submit original 
CITES documents to the U.S. Management Authority.
* * * * *
    25. Section 23.34 is amended by:
    a. Removing the words ``Exempt plant material'' from the left-hand 
column of subparagraph (b)(3) and adding in their place the words 
``Grown from exempt plant material'';
    b. Redesignating subparagraphs (b)(6) through (b)(8) as 
subparagraphs (b)(7) through (b)(9);
    c. Adding a new subparagraph (b)(6) to read as set forth below; and
    d. Revising the footnote at the end of subparagraph (b) to read as 
set forth below.


Sec.  23.34  What kinds of records may I use to show the origin of a 
specimen when I apply for a U.S. CITES document?

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Source of specimen                    Types of records
------------------------------------------------------------------------
 
                              * * * * * * *
(6) Ranched wildlife.........  (i) Records, such as permits, licenses,
                                and tags, that demonstrate that the
                                specimen was legally removed from the
                                wild under relevant Federal, tribal,
                                State, or local wildlife conservation
                                laws or regulations:
                               (A) If taken on private or tribal land,
                                permission of the landowner if required
                                under applicable law.
                               (B) If taken in a national, State, or
                                local park, refuge or other protected
                                area, permission from the applicable
                                agency, if required.
                               (ii) Records that document the rearing of
                                specimens at the facility:
                               (A) Number of specimens (by sex and age-
                                or size-class) at the facility.
                               (B) How long the specimens were reared at
                                the facility.
                               (C) Signed and dated statement by the
                                owner or manager of the facility that
                                the specimens were reared at the
                                facility in a controlled environment.
                               (D) Marking system, if applicable.
                               (E) Photographs or video of the facility.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ If the wildlife was born in captivity from an egg collected in the
  wild or from parents that mated or exchanged genetic material in the
  wild, see paragraphs (b)(6) and (b)(9). If the plant was propagated
  from a non-exempt propagule collected from a wild plant, see paragraph
  (b)(9).


[[Page 14219]]

* * * * *
    26. Section 23.36 is amended by:
    a. Adding, in alphabetical order, two entries to the left-hand 
column of the table in subparagraph (b)(1) and two corresponding 
entries to the right-hand column of the table, to read as set forth 
below;
    b. In subparagraph (b)(1) of the table, removing the entry ``Export 
of Skins/Products of Bobcat, Canada Lynx, River Otter, Brown Bear, Gray 
Wolf, and American Alligator Taken under an Approved State or Tribal 
Program'' and adding in its place the entry ``Export of Skins of 
Bobcat, Canada Lynx, River Otter, Brown Bear, Gray Wolf, and American 
Alligator Taken under an Approved State or Tribal Program'';
    c. In subparagraph (b)(1) of the table, removing the entry 
``Trophies by Taxidermists'' and adding in its place the entry 
``Trophies by Hunters or Taxidermists''; and
    d. In the last entry of subparagraph (b)(1), adding the words 
``(Live Animals/Samples/Parts/Products)'' immediately following the 
words ``Wildlife, Removed from the Wild''.


Sec.  23.36  What are the requirements for an export permit?

* * * * *
    (b) * * *

------------------------------------------------------------------------
          Type of application for an export permit             Form No.
------------------------------------------------------------------------
(1) CITES:
 
                              * * * * * * *
Caviar/Live Eggs/Meat of Paddlefish or Sturgeon, From an        3-200-80
 Aquaculture Facility......................................
 
                              * * * * * * *
Master File for the Export of Live Animals Bred-in-             3-200-85
 Captivity.................................................
------------------------------------------------------------------------

* * * * *


Sec.  23.40  [Amended]

    27. Section 23.40 is amended by:
    a. Removing the words ``include hybrids in the listing'' from 
subparagraph (d)(2)(iii) and adding in their place the words ``treat 
hybrids as Appendix-I specimens'';
    b. Adding the words ``or spore'' in subparagraph (e)(1) immediately 
following the words ``from a wild seed'';
    c. Removing the words ``include hybrids in the listing'' from 
subparagraph (e)(2) and adding in their place the words ``treat hybrids 
as Appendix-I specimens''; and
    d. Adding the words ``(See Sec.  23.47.)'' after the last sentence 
in subparagraph (e)(2).


Sec.  23.41  [Amended]

    28. Section 23.41 is amended by adding the words ``, 3-200-80, or 
3-200-85'' immediately following the words ``Form 3-200-24'' in 
paragraph (c).


Sec.  23.42  [Amended]

    29. Section 23.42 is amended by removing the words ``include 
hybrids'' from paragraph (b) and adding in their place the words 
``treat hybrids as Appendix-I specimens''.
    30. Section 23.43 is amended by revising subparagraph (f)(2) and 
adding a new subparagraph (f)(3) to read as set forth below.


Sec.  23.43  What are the requirements for a wildlife hybrid?

* * * * *
    (f) * * *
    (2) For import, export, or re-export of an exempt wildlife hybrid 
without CITES documents, you must provide information at the time of 
import or export to clearly demonstrate that your specimen has no 
purebred CITES specimens in the previous four generations of its 
ancestry. If you are unable to clearly demonstrate this, you must 
obtain CITES documents. The information you provide must clearly 
identify the specimen and demonstrate its recent lineage. Such 
information may include, but is not limited to, the following:
    (i) Records that identify the name and address of the breeder and 
identify the specimen by birth or hatch date and by sex, band number, 
microchip number, or other mark.
    (ii) Certified pedigree issued by an internationally recognized 
association that contains scientific names of the animals in the 
specimen's recent lineage and clearly illustrates its genetic history. 
If the pedigree contains codes, you must provide a key or guide that 
explains the meaning of the codes.
    (3) Although a CITES document is not required for an exempt 
wildlife hybrid, you must follow the clearance requirements for 
wildlife in part 14 of this subchapter, including the prior 
notification requirements for live wildlife.
    31. Section 23.44 is amended by revising the section heading and 
adding a new subparagraph (e)(7) to read as set forth below.


Sec.  23.44  What are the requirements for traveling internationally 
with my personally owned live wildlife?

* * * * *
    (e) * * *
    (7) You must return the wildlife to the United States before the 
certificate expires.
    32. Section 23.46 is amended by:
    a. Removing the words ``facilitate a dialogue for resolution of the 
identified problems within 60 days.'' from the end of the last sentence 
of subparagraph (b)(3) and adding in their place the words ``allow a 
further 30 days for resolution of the identified problems.'';
    b. Revising subparagraph (b)(4) to read as set forth below;
    c. Removing subparagraphs (b)(5) and (b)(6);
    d. Redesignating subparagraphs (b)(7) through (b)(12) as 
subparagraphs (b)(5) through (b)(10);
    e. Revising the first sentence of newly redesignated subparagraph 
(b)(7), and adding a sentence following the first sentence of that 
subparagraph to read as set forth below;
    f. Adding a sentence immediately following the first sentence of 
newly redesignated subparagraph (b)(8) to read as set forth below;
    g. Revising the last sentence of newly redesignated subparagraph 
(b)(8) by removing the words ``, and the Animals Committee will review 
the operation to determine whether it should remain registered'';
    h. Revising newly redesignated subparagraph (b)(10) by removing the 
words ``bred at a commercial breeding operation that is registered with 
the CITES Secretariat as provided in this section'' and adding in their 
place the words ``bred-in-captivity (see Sec.  23.63)'';
    i. Removing subparagraph (e)(3);
    j. Redesignating subparagraph (e)(4) as subparagraph (e)(3);
    k. Adding a new subparagraph (e)(4) to read as set forth below;
    l. Redesignating paragraphs (f) through (h) as paragraphs (h) 
through (j);
    m. Adding a new paragraph (f) to read as set forth below;

[[Page 14220]]

    n. Adding a new paragraph (g) to read as set forth below; and
    o. Removing the words ``Form 3-200-24'' from newly designated 
paragraph (i) and adding in their place the words ``the appropriate 
form (see Sec.  23.36)''.


Sec.  23.46  What are the requirements for registering a commercial 
breeding operation for Appendix-I wildlife and commercially exporting 
specimens?

* * * * *
    (b) * * *
    (4) If the objection is not withdrawn or the identified problems 
are not resolved within the 30-day period, the Secretariat will submit 
the application to the Standing Committee at its next regular meeting. 
The Standing Committee will determine whether the objection is 
justified and decide whether to accept the application.
* * * * *
    (7) If a Party believes that a registered operation does not meet 
the bred-in-captivity requirements, it may, after consultation with the 
Secretariat and the Party concerned, propose to the Standing Committee 
that the operation be deleted from the register. At its following 
meeting, the Standing Committee will consider the concerns raised by 
the objecting Party, and any comments from the registering Party and 
the Secretariat, and determine whether the operation should be deleted 
from the register. * * *
    (8) * * * In the United States, we will monitor registered 
operations, in part, by requiring each operation to apply for renewal 
and demonstrate that it continues to qualify for registration at least 
once every 5 years. (See paragraphs (e)(4) and (f) of this section.) * 
* *
* * * * *
    (e) * * *
    (4) Registrations will be valid for a period not to exceed 5 years. 
Registrants who wish to remain registered must request renewal before 
the end of the period of validity of the registration.
    (f) U.S. application to renew a registration. Requests for renewal 
of a registration should be submitted at least 3 months before the 
registration expires. Complete Form 3-200-65 and submit it to the U.S. 
Management Authority.
    (g) Criteria for renewal of U.S. registrations. To renew your 
registration, you must provide sufficient information for us to find 
that your proposed activity continues to meet all of the criteria in 
paragraph (d) of this section.
* * * * *
    33. Section 23.47 is amended by adding a sentence to the end of 
paragraph (a) to read as set forth below.


Sec.  23.47  What are the requirements for export of an Appendix-I 
plant artificially propagated for commercial purposes?

    (a) * * * This section does not apply to hybrids of one or more 
Appendix-I species or taxa that are not annotated to treat hybrids as 
Appendix-I specimens (see Sec.  23.40).
* * * * *
    34. Section 23.52 is amended by:
    a. Removing the last sentence of paragraph (a) and adding in its 
place two new sentences to read as set forth below;
    b. Adding a new subparagraph (b)(6) to read as set forth below;
    c. Revising the introductory text of paragraph (d) to read as set 
forth below;
    d. Redesignating subparagraphs (d)(1) and (d)(2) as (d)(1)(i) and 
(d)(1)(ii);
    e. Adding a new paragraph (d)(1) to read as set forth below;
    f. Adding a new subparagraph (d)(1)(iii) to read as set forth 
below; and
    g. Adding a new paragraph (d)(2) to read as set forth below.


Sec.  23.52  What are the requirements for replacing a lost, damaged, 
stolen, or accidentally destroyed CITES document?

    (a) * * * To renew a U.S. CITES document, see part 13 of this 
subchapter. To amend a U.S. CITES document, see part 13 of this 
subchapter if the activity has not yet occurred or, if the activity has 
already occurred, see Sec.  23.53 of this part.
    (b) * * *
    (6) In the United States, you may not use an original single-use 
CITES document issued under a CITES master file or CITES annual program 
as a replacement document for a shipment that has already left the 
country.
* * * * *
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign documents.
    (1) When applying for a U.S. replacement document, you must provide 
sufficient information for us to find that your proposed activity meets 
all of the following criteria:
    (i) * * *
    (ii) * * *
    (iii) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a replacement CITES 
document was made at that time.
    (2) For acceptance of foreign CITES replacement documents in the 
United States, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:
    (i) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a replacement CITES 
document was made at that time.
    (ii) The importer or the importer's agent submitted a signed, 
dated, and notarized statement at the time of import that describes the 
circumstances that resulted in the CITES document being lost, damaged, 
stolen, or accidentally destroyed.
    (iii) The importer or the importer's agent provided a copy of the 
original lost, stolen, or accidentally destroyed document at the time 
of import showing that the document met the requirements in Sec. Sec.  
23.23, 23.24, and 23.25.
* * * * *
    35. Section 23.53 is amended by:
    a. Revising paragraph (a) to read as set forth below;
    b. Adding a new subparagraph (b)(8) to read as set forth below;
    c. Revising subparagraph (d)(6)(ii) to read as set forth below; and
    d. Adding the words ``as defined in Sec.  23.5'' to the end of the 
sentence in subparagraph (d)(7)(i).


Sec.  23.53  What are the requirements for obtaining a retrospective 
CITES document?

    (a) Retrospective CITES documents may be issued and accepted in 
certain limited situations after an export or re-export has occurred, 
but before the shipment is cleared for import. When specific conditions 
are met, a retrospective CITES document may be issued to authorize 
trade that has taken place without a CITES document or to correct 
certain technical errors in a CITES document after the authorized 
activity has occurred.
    (b) * * *
    (8) In the United States, you may not use a U.S. CITES document 
issued under a CITES master file or CITES annual program as a 
retrospective CITES document.
* * * * *
    (d) * * *
    (6) * * *
    (ii) The Management Authority unintentionally made a technical 
error when issuing the CITES document that was not prompted by 
information provided by the applicant.
* * * * *
    36. Section 23.55 is amended by:
    a. Revising the introductory text to read as set forth below;
    b. Revising the table's headings to read as set forth below;
    c. Revising the text in the first block of the right-hand column of 
the table, which corresponds to paragraphs (a), (b), and (c) in the 
left-hand column of the table, to read as set forth below;

[[Page 14221]]

    d. Adding the words ``or Appendix III'' immediately following the 
words ``Appendix II'' in paragraph (c);
    e. Adding the word ``lawful'' immediately before the word 
``purpose'' in the first phrase in the second block of the right-hand 
column of the table, which corresponds to paragraphs (d), (e), and (f) 
in the left-hand column of the table;
    f. Redesignating subparagraph (d)(5) as (d)(6);
    g. Adding a new subparagraph (d)(5) to read as set forth below; and
    h. Revising paragraph (f) to read as set forth below.


Sec.  23.55  How may I use a CITES specimen after import into the 
United States?

    In addition to the provisions in Sec.  23.3, you may only use CITES 
specimens after import into the United States for the following 
purposes:

------------------------------------------------------------------------
 If the species is listed in      Allowed use within the United States
------------------------------------------------------------------------
(a) * * *....................  The specimen may be used, including a
(b) * * *....................   transfer, donation, or exchange, only
(c) * * *....................   for noncommercial purposes. In cases
                                where the species was listed in CITES
                                Appendix I or in Appendix II with an
                                annotation for noncommercial purposes
                                subsequent to the import of your
                                specimen, if you are able to demonstrate
                                (using records or other evidence) that
                                your specimen was imported prior to the
                                Appendix-I or annotated Appendix-II
                                listing, with no restrictions on its use
                                after import, you may continue to use
                                the specimen as indicated in paragraphs
                                (d), (e) and (f) of this section.
 
                              * * * * * * *
(d) * * *....................
(5) Certificate for            .........................................
 artificially propagated
 plants with a source code of
 ``A'' for artificially
 propagated hybrid specimens
 derived from one or more
 unannotated Appendix-I
 species or other taxa. * * *.
 
                              * * * * * * *
(f) Appendix III, other than   .........................................
 those in paragraph (c) of
 this section.
------------------------------------------------------------------------

    37. Section 23.56 is amended by revising subparagraph (a)(2) to 
read as set forth below.


Sec.  23.56  What U.S. CITES document conditions do I need to follow?

    (a) * * *
    (2) For export and re-export of live wildlife and plants, transport 
conditions must comply with the International Air Transport Association 
Live Animals Regulations (for animals) or the International Air 
Transport Association Perishable Cargo Regulations (for plants) (See 
Sec.  23.23(c)(7).)
* * * * *


Sec.  23.64  [Amended]

    38. In Sec.  23.64, subparagraph (g)(4)(ii) is amended by adding 
the words ``or spores'' immediately following the words ``to collect 
seeds''.
    39. Section 23.69 is amended by:
    a. Revising the title of the section and the first sentence of 
paragraph (a) to read as set forth below;
    b. Revising the first two sentences of paragraph (c)(3) to read as 
set forth below;
    c. Removing the words ``broken, cut, or missing'' from the first 
sentence of subparagraph (c)(3)(i) and adding in their place the words 
``inadvertently removed, damaged, or lost'';
    d. Removing the words ``is broken or cut'' from the third sentence 
of subparagraph (c)(3)(i) and adding in their place the words ``has 
been inadvertently removed or damaged'';
    e. Removing the word ``missing'' in the fourth sentence of 
subparagraph (c)(3)(i) and adding in its place the word ``lost'';
    f. Adding the words ``or to export products made from fur skins'' 
immediately following the words ``approved program'' in subparagraph 
(e)(2); and
    g. Adding the words ``or products made from fur skins'' immediately 
following the words ``To re-export fur skins'' in subparagraph (e)(3).


Sec.  23.69  How can I trade internationally in fur skins and fur skin 
products of bobcat, river otter, Canada lynx, gray wolf, and brown bear 
harvested in the United States?

    (a) * * * For purposes of this section, CITES furbearers means 
bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx 
canadensis), gray wolf (Canis lupus), and brown bear (Ursus arctos) 
harvested in the United States. * * *
* * * * *
    (c) Fur skins without a CITES tag permanently attached may not be 
exported or re-exported. If the CITES tag has been inadvertently 
removed, damaged, or lost you may obtain a replacement tag. * * *
* * * * *
    40. Section 23.70 is amended by:
    a. Adding the word ``tamper-resistant,'' immediately following the 
word ``Be'' in subparagraph (d)(1)(i);
    b. Revising subparagraph (d)(1)(ii) to read as set forth below;
    c. Adding the word ``skin'' immediately before the words 
``production or harvest'' in subparagraph (d)(1)(iii);
    d. Revising paragraph (d)(2) to read as set forth below;
    e. Revising the first two sentences of paragraph (d)(3) to read as 
set forth below;
    f. Removing the words ``broken, cut, or missing'' from the first 
sentence of subparagraph (d)(3)(i) and adding in their place the words 
``inadvertently removed, damaged, or lost'';
    g. Removing the words ``is broken or cut'' from the fourth sentence 
of subparagraph (d)(3)(i) and adding in their place the words ``has 
been inadvertently removed or damaged'';
    h. Removing the word ``missing'' in the fifth sentence of 
subparagraph (d)(3)(i) and adding in its place the word ``lost'';
    i. Adding the word ``skin'' immediately before the words 
``production or harvest'' in the first sentence of subparagraph 
(d)(3)(ii);
    j. Adding the words ``except for products made from American 
alligators,'' immediately following the words ``State or tribal 
program,'' in subparagraph (h)(1);
    k. Adding the words ``or to export products made from American 
alligators,'' immediately following the words ``approved program,'' in 
subparagraph (h)(2);
    l. Redesignating subparagraph (h)(3) as subparagraph (h)(4); and

[[Page 14222]]

    m. Adding a new subparagraph (h)(3) to read as set forth below.


Sec.  23.70  How can I trade internationally in American alligator and 
other crocodilian skins, parts, and products?

* * * * *
    (d) * * *
    (1) * * *
    (ii) Be permanently stamped with the two-letter ISO code for the 
country of origin, a unique serial number, a standardized species code 
(available on our Web site; see Sec.  23.7), and for specimens of 
species from populations that have been transferred from Appendix I to 
Appendix II for ranching, the year of skin production or harvest. For 
American alligator, the export tags include the US-CITES logo, an 
abbreviation for the State or Tribe of harvest, a standard species code 
(MIS = Alligator mississippiensis), the year of skin production or 
harvest, and a unique serial number.
* * * * *
    (2) Skins, flanks, and chalecos must be individually tagged.
* * * * *
    (3) Skins without a non-reusable tag permanently attached may not 
be exported or re-exported. If the tag has been inadvertently removed, 
damaged, or lost you may obtain a replacement tag. * * *
* * * * *
    (h) * * *
    (3) To re-export crocodilian specimens, complete Form 3-200-73 and 
submit it to either FWS Law Enforcement or the U.S. Management 
Authority.
* * * * *
    41. Section 23.71 is amended by:
    a. Revising paragraph (a) to read as set forth below;
    b. Adding a sentence to the end of subparagraphs (b)(1)(i), 
(b)(1)(iv), and (b)(1)(v) to read as set forth below;
    c. Revising subparagraph (b)(1)(ii) to read as set forth below;
    d. Adding a sentence to the end of (b)(2)(iv) to read as set forth 
below;
    e. Revising (b)(3)(iii) to read as set forth below;
    f. Removing the words ``and caviar products that consist'' from 
paragraph (g) and adding in their place the words ``that consists'';
    g. Adding the words ``or Form 3-200-80'' immediately following the 
words ``Form 3-200-76'' in the third sentence of paragraph (h);
    h. Removing the words ``to FWS Law Enforcement'' from the end of 
the last sentence in paragraph (h) and adding in their place the words 
``either to FWS Law Enforcement or the U.S. Management Authority''; and
    i. Adding new paragraph (i) to read as set forth below.


Sec.  23.71  How can I trade internationally in sturgeon caviar?

    (a) U.S. and foreign provisions. For the purposes of this section, 
sturgeon caviar or caviar means the processed roe of any species of 
sturgeon or paddlefish (order Acipenseriformes). It does not include 
sturgeon or paddlefish eggs contained in shampoos, cosmetics, lotions, 
or other products for topical application. The import, export, or re-
export of sturgeon caviar must meet the requirements of this section 
and the other requirements of this part. The import, export, or re-
export of Acipenseriformes specimens other than caviar must meet the 
other requirements of this part. See subparts B and C for prohibitions 
and application procedures.
    (b) * * *
    (1) * * *
    (i) * * * In the United States, the design of the label will be 
determined by the labeler in accordance with the requirements of this 
section.
    (ii) Primary container means any container (tin, jar, pail or other 
receptacle) in direct contact with the caviar.
* * * * *
    (iv) * * * In the United States, this may be done by the person who 
harvested the roe.
    (v) * * * This includes any facility where caviar is removed from 
the container in which it was received and placed in a different 
container.
* * * * *
    (2) * * *
    (iv) * * * This is either the calendar year in which caviar was 
harvested or, for caviar imported from shared stocks subject to quotas, 
the quota year in which it was harvested.
* * * * *
    (3) * * *
    (iii) Lot identification number or, for caviar that is being re-
exported, the CITES document number under which it was imported may be 
used in place of the lot identification number.
* * * * *
    (i) CITES register of exporters and of processing and repackaging 
plants. The CITES Secretariat maintains a ``Register of licensed 
exporters and of processing and repackaging plants for specimens of 
sturgeon and paddlefish species'' on its Web site. If you hold a 
current import/export license issued by FWS Law Enforcement and wish to 
be added to the CITES register, you may submit your contact information 
and processing or repackaging plant codes to the U.S. Management 
Authority for submission to the CITES Secretariat.
    42. Section 23.74 is amended by:
    a. Revising paragraph (b) to read as set forth below;
    b. Revising paragraph (d) to read as set forth below; and
    c. Adding a new paragraph (e) to read as set forth below.


Sec.  23.74  How can I trade internationally in personal sport-hunted 
trophies?

* * * * *
    (b) Sport-hunted trophy means a whole dead animal or a readily 
recognizable part or derivative of an animal specifically identified on 
accompanying CITES documents that meets the following criteria:
    (1) Is raw, processed, or manufactured;
    (2) Was legally obtained by the hunter through hunting for his or 
her personal use;
    (3) Is being imported, exported, or re-exported by or on behalf of 
the hunter as part of the transfer from its country of origin 
ultimately to the hunter's country of usual residence; and
    (4) Includes worked, manufactured, or handicraft items made from 
the sport-hunted animal only when:
    (i) Such items are contained in the same shipment as raw or tanned 
parts of the sport-hunted animal and are for the personal use of the 
hunter;
    (ii) The quantity of such items is no more than could reasonably be 
expected given the number of animals taken by the hunter as shown on 
the license or other documentation of the authorized hunt accompanying 
the shipment; and
    (iii) The accompanying CITES documents (export document and, if 
appropriate, import permit) contain a complete itemization and 
description of all items included in the shipment.
* * * * *
    (d) Quantity. The following provisions apply to the issuance and 
acceptance of U.S. and foreign documents for sport-hunted trophies 
originating from a population for which the Conference of the Parties 
has established an export quota. The number of trophies that one hunter 
may import in any calendar year for the following species is:
    (1) No more than two leopard (Panthera pardus) trophies.
    (2) No more than one markhor (Capra falconeri) trophy.
    (3) No more than one black rhinoceros (Diceros bicornis) trophy.
    (e) Marking or tagging.
    (1) The following provisions apply to the issuance and acceptance 
of U.S. and foreign documents for sport-hunted trophies originating 
from a population

[[Page 14223]]

for which the Conference of the Parties has established an export 
quota. Each trophy imported, exported, or re-exported must be marked or 
tagged in the following manner:
    (i) Leopard and markhor: Each raw or tanned skin must have a self-
locking tag inserted through the skin and permanently locked in place 
using the locking mechanism of the tag. The tag must indicate the 
country of origin, the number of the specimen in relation to the annual 
quota, and the calendar year in which the specimen was taken in the 
wild. A mounted sport-hunted trophy must be accompanied by the tag from 
the skin used to make the mount.
    (ii) Black rhinoceros: Parts of the trophy, including, but not 
limited to, skin, skull, or horns, whether mounted or loose, should be 
individually marked with reference to the country of origin, species, 
the number of the specimen in relation to the annual quota, and the 
year of export.
    (iii) Crocodilians: See marking requirements in Sec.  23.70.
    (iv) The export permit or re-export certificate or an annex 
attached to the permit or certificate must contain all the information 
that is given on the tag.
    (2) African elephant (Loxodonta africana). The following provisions 
apply to the issuance and acceptance of U.S. and foreign documents for 
sport-hunted trophies of African elephant. The trophy ivory must be 
legibly marked by means of punch-dies, indelible ink, or other form of 
permanent marking, under a marking and registration system established 
by the country of origin, with the following formula: The country of 
origin represented by the corresponding two-letter ISO country code; 
the last two digits of the year; the serial number for the year in 
question; and the weight of the ivory in kilograms. The mark must be 
highlighted with a flash of color and placed on the lip mark area. The 
lip mark area is the area of a whole African elephant tusk where the 
tusk emerges from the skull and which is usually denoted by a prominent 
ring of staining on the tusk in its natural state.
* * * * *
    43. Section 23.75 is added to read as set forth below:


Sec.  23.75  How can I trade internationally in vicu[ntilde]a (Vicugna 
vicugna)?

    (a) U.S. and foreign general provisions. The import, export, or re-
export of specimens of vicu[ntilde]a must meet the requirements of this 
section and the other requirements of this part (see subparts B and C 
for prohibitions and application procedures). Certain populations of 
vicu[ntilde]a are listed in Appendix II for the exclusive purpose of 
allowing international trade in wool sheared from live vicu[ntilde]as, 
cloth made from such wool, and products manufactured from such wool or 
cloth. All other specimens of vicu[ntilde]a are deemed to be specimens 
of species included in Appendix I.
    (b) Vicu[ntilde]a Convention means the Convenio para la 
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a of which vicu[ntilde]a 
range countries are signatories.
    (c) Vicu[ntilde]a logotype means the logotype adopted by the 
vicu[ntilde]a range countries under the Vicu[ntilde]a Convention.
    (d) Country of origin for the purposes of the vicu[ntilde]a label 
means the name of the country where the vicu[ntilde]a wool in the cloth 
or product originated.
    (e) Wool sheared from live vicu[ntilde]a, cloth from such wool, and 
products manufactured from such wool or cloth may be imported from 
Appendix-II populations only when they meet the labeling requirements 
in paragraph (f) of this section.
    (f) Labeling requirements. Except for cloth containing CITES pre-
Convention wool of vicu[ntilde]a, you may import, export, or re-export 
vicu[ntilde]a cloth only when the reverse side of the cloth bears the 
vicu[ntilde]a logotype and the selvages bear the words 
``VICU[Ntilde]A--COUNTRY OF ORIGIN''. Specimens of other products 
manufactured from vicu[ntilde]a wool or cloth must bear a label that 
has the vicu[ntilde]a logotype and the designation ``VICU[Ntilde]A--
COUNTRY OF ORIGIN--ARTESANIA''. Each specimen must bear such a label. 
For import into the United States of raw wool sheared from live 
vicu[ntilde]a, see the labeling requirements in 50 CFR 17.40(m).
    44. Section 23.84 is amended by:
    a. Removing the word ``four'' and adding in its place the word 
``three'' in the first sentence of paragraph (b);
    b. Removing the words ``assist the Nomenclature Committee in the 
development and maintenance of'' in subparagraph (b)(2)(i) and adding 
in their place the words ``develop and maintain'';
    c. Adding subparagraph (b)(2)(iii) to read as set forth below; and
    d. Removing subparagraph (b)(3).


Sec.  23.84  What are the roles of the Secretariat and the committees?

* * * * *
    (b) * * *
    (2) * * *
    (iii) The CoP appoints a specialist on zoological nomenclature to 
the Animals Committee and a specialist on botanical nomenclature to the 
Plants Committee. These specialists are ex officio and non-voting, and 
are responsible for developing or identifying standard nomenclature 
references for wildlife and plant taxa and making recommendations on 
nomenclature to Parties, the CoP, other committees, working groups, and 
the Secretariat.
    45. Section 23.92 is amended by:
    a. Removing the words ``paragraph (b)'' and adding in their place 
the words ``paragraphs (b) and (c)'' in paragraph (a);
    b. Removing the words ``and do not need CITES documents'' from the 
first sentence of paragraph (b);
    c. Revising subparagraph (b)(2) to read as set forth below;
    d. Adding the introductory text of a new paragraph (c) and a 
subparagraph (c)(1) to read as set forth below; and
    e. Redesignating subparagraphs (b)(3) through (b)(8) as 
subparagraphs (c)(2) through (c)(7).


Sec.  23.92  Are any wildlife or plants, and their parts, products, or 
derivatives, exempt?

* * * * *
    (b) * * *
    (2) Plant hybrids. Specimens of an Appendix-II or -III plant taxon 
with an annotation that specifically excludes hybrids.
    (c) The following are exempt from CITES document requirements when 
certain criteria are met.
    (1) Plant hybrids. Seeds and pollen (including pollinia), cut 
flowers, and flasked seedlings or tissue cultures of hybrids that 
qualify as artificially propagated (see Sec.  23.64) and that were 
produced from one or more Appendix-I species or taxa that are not 
annotated to treat hybrids as Appendix-I specimens.
* * * * *

Appendix A to 50 CFR Chapter I--[Amended]

    46. Remove Appendix A to Chapter I.

    Dated: February 1, 2012.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-4986 Filed 3-7-12; 8:45 am]
BILLING CODE 4310-55-P

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