Species Being Considered for Changes to the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora

DEPARTMENT OF THE INTERIOR

50 CFR Part 23

Species Being Considered for Changes to the Appendices to the

Convention on International Trade in Endangered Species of Wild Fauna

and Flora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Request for information.

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SUMMARY: The Convention on International Trade in Endangered Species of

Wild Fauna and Flora (CITES or Convention) regulates international

trade in certain animal and plant species, which are listed in the

appendices of this treaty. The United States, as a Party to CITES, may

propose amendments to the appendices for consideration by the other

Parties.

This notice invites comments and information from the public on

species that have been identified as candidates for U.S. proposals to

amend Appendix I or II at the next biennial meeting of Party countries.

DATES: The Service will consider all comments received by March 14,

1994, on proposals described in this notice.

The ninth meeting of the Conference of the Parties to CITES (COP9)

is scheduled for November 7-18, 1994, in Fort Lauderdale, Florida.

ADDRESSES: Please send correspondence concerning this notice to Chief,

Office of Scientific Authority; room 725, Arlington Square Building;

U.S. Fish and Wildlife Service; Washington, DC 20240. Fax number (703)

358-2276. Express and messenger-delivered mail should be addressed to

the Office of Scientific Authority; room 750, 4401 North Fairfax Drive;

Arlington, Virginia 22203. Comments and other information received will

be available for public inspection by appointment, from 8 a.m. to 4

p.m. Monday through Friday, at the Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT:

Dr. Charles W. Dane, Chief, Office of Scientific Authority, at the

above address, telephone (703) 358-1708.

SUPPLEMENTARY INFORMATION: In its previous notice on this subject (58

FR 38112; July 15, 1993), the U.S. Fish and Wildlife Service (Service)

requested information on plant and animal species that might lead the

Service to prepare proposals to amend the CITES appendices for

consideration at the upcoming ninth meeting of the Conference of the

Parties. That notice described the provisions of CITES for listing

species in the appendices and set forth information requirements for

proposals. The present notice announces the proposals received,

explains why the Service does not intend to consider certain proposals,

and describes those proposals that will receive further consideration

prior to a decision as to whether to submit any of these proposals to

the CITES Secretariat by the June 10, 1994, deadline.

The Service received proposals from the Environmental Investigation

Agency (EIA), the Fauna and Flora Preservation Society (FFPS), ICCAT

Watch (a coalition consisting of the Center for Marine Conservation,

the National Audubon Society, and World Wildlife Fund-US), the Natural

Resources Defense Council, and the Oregon Natural Resources Council, by

September 28, 1993. These organizations proposed adding or transferring

nine different taxa, and in addition, EIA proposed transferring all

bird species listed in Appendix III to Appendix II. In addition, the

Service is considering the development of certain other proposals.

The Service continues to consider submitting proposals to amend the

appendices for the following species: Narwhal (for possible transfer

from Appendix II to Appendix I); musk deer (for possible listing of

species or populations in Appendix I); saiga antelope (for listing in

Appendix I or II); box turtles (add to Appendix II); copperbelly water

snake (add to Appendix II); bluefin tuna (add to Appendix II); whale

shark (add to Appendix II); requiem and hammer-head sharks (add to

Appendix II); tarantulas (add to Appendix II); Port-Orford-Cedar (add

to Appendix II with its logs, sawn wood, and veneer only); bigleaf

mahogany (add to Appendix II with exclusion of secondary and finished

products); and two genera of African mahoganies with their logs, sawn

wood, and veneer only (for possible listing in Appendix II). The

Service will continue to consider a listing of freshwater pearly

mussels that will provide protection to the most endangered while

excluding those easily identifiable species that are used in the pearl

bead industry and that are not believed to be threatened by trade. The

Service is also considering a proposal to remove the non-African

populations of aloes from the appendices. In addition, the Service at

the suggestion of the CITES Nomenclature Committee will consider

developing a proposal to clarify the present listing of the urial, Ovis

vignei.

Proposals That the Service Does Not Plan To Submit

EIA submitted a recommendation with no accompanying information to

transfer all birds listed in Appendix III to Appendix II. The Service

first notes that the basis for a country adding a species to Appendix

III is different from the criteria for including a species in Appendix

II. Moreover, while trade ultimately may became detrimental to the

survival of any Appendix III species if not carefully regulated,

insufficient information was presented by EIA to justify proposals for

individual species at this time.

ICCAT Watch submitted a proposal to list the western Atlantic

population of the bluefin tuna, Thunnus thynnus, in Appendix I. In a

subsequent letter, after the November 1993 meeting of the Parties to

the International Convention for the Conservation of Atlantic Tunas

(ICCAT), ICCAT Watch withdrew their request for the Service to consider

proposing this bluefin tuna population in Appendix I. Based on the

actions taken by ICCAT (as presented later in this notice under the

consideration of an Appendix II listing for bluefin tuna), the Service

does not believe that listing the western population of bluefin tuna in

Appendix I is appropriate.

The blue shark, Prionace glauca, was proposed for possible listing

in Appendix II or III, by the National Audubon Society in 1991. The

Service has reconsidered the recommendation in preparation for COP9.

The National Marine Fisheries Service (NMFS) Fishery Management Plan

for Sharks of the Atlantic Oceans placed these sharks in the pelagic

species group. In the preparation for development of the management

plan, a peer review effort by NMFS and non-NMFS experts evaluated the

available information and determined that there was no evidence

available to indicate that the pelagic species group of sharks was

overfished in the Northwest Atlantic. In comparison with other sharks,

blue sharks have a relatively high reproductive rate and rapid growth

rate, and are widely distributed. Hence, they may be more resilient and

more robust with respect to fishing pressure than many other shark

species. Therefore, the Service does not intend to propose this species

for listing in Appendix II, or to list it unilaterally in Appendix III.

Proposals That the Service May Submit

The following proposals are being considered for submission as

proposed amendments to the CITES appendices. The Service seeks

additional comments and information to assist it in making decisions

whether to submit these proposed amendments.

1. Narwhal (Monodon monoceros)

EIA proposed that the narwhal be transferred from Appendix II to

Appendix I. The Small Cetacean Subcommittee of the Scientific Committee

of the International Whaling Commission has had difficulty in carrying

out stock assessments for this species due to the amount of available

data, and has expressed concern about catch levels and loss rates for

some narwhal populations. The degree to which trade, as opposed to

hunting for food, determines the level of narwhal catches is unclear.

Therefore, the Service seeks information about population levels, stock

structure, catches, and trade of this species, but without additional

information on the threat to the species, the Service is unlikely to

propose the transfer of this species to Appendix I.

2. Musk Deer (Moschus spp.)

The Service received a draft proposal from EIA to transfer the

Appendix II populations of musk deer (Moschus spp.) to Appendix I of

CITES. The musk deer, represented by at least four valid species, have

a wide distribution in eastern Russia, Mongolia, Korea, China

(including the Tibet Autonomous Region), the Himalayas (from northern

Afghanistan eastwards to Nepal and Bhutan), and marginally into

northern Vietnam. They range from comparatively low elevations

(coniferous forests) to the highest growth of dwarf rhododendron and

willow thickets (about 12,500 feet or 3,800 meters).

Musk deer are the most primitive of all living deer. Antlers are

lacking in both sexes, and males have long upper canine teeth that

extend far below the upper lip. A musk gland in the abdomen of the male

secretes a brownish wax-like substance, which is used extensively in

the manufacture of perfumes and soaps. About 28 to 30 grams (a little

over an ounce) of the secretion can be obtained from a single male. Due

to their secretive nature and inaccessible habitat, little is known

about the population numbers of musk deer.

At the Fourth Meeting of the Conference of the Parties (COP4) to

CITES held in Botswana in 1983, the Parties voted to transfer the

Himalayan populations (Afghanistan, Bhutan, Burma, India, Nepal, and

Pakistan) from Appendix II to Appendix I. Although there are widespread

reports of rampant poaching, the trade in musk is poorly documented.

The CITES Animals Committee working on significantly traded species,

has identified this taxon as one for which possible problems exist and

has recommended: (1) That China and Russia suspend exports of specimens

of musk deer, excluding derivatives; and (2) that all Parties increase

their enforcement efforts to ensure that all specimens of Moschus spp.

in international trade, including derivatives, have been legally

exported. Therefore, the Service is considering proposing the transfer

of the Appendix II populations of musk deer to Appendix I. However,

trade in musk from captive stock is reported, and the CITES Animals

Committee has requested a report on production from captive stocks and

information on the source of musk used for medicine manufacture and

details of measures taken to control trade in manufactured products.

The Service seeks information on the effect of trade on these species,

especially any data on the volume of musk entering trade.

3. Saiga Antelope (Saiga tatarica)

EIA submitted a draft proposal to the Service to include the saiga

antelope in Appendix I of CITES. There are two recognized subspecies:

The Russian saiga (Saiga tatarica tatarica) and the Mongolian saiga

(Saiga tatarica mongolica). Historically the saiga antelope ranged from

the Ukraine to western Mongolia. Today, the species remains only in the

area stretching from the steppe east of the lower Volga River across

Kazakhstan through the Dzungarian Basin of northwest China to Mongolia.

Presently, its distribution within Russia is not continuous, but is

divided into disjunct populations. Saiga antelopes inhabit steppes and

semideserts, from sea level to 5,000 feet. This antelope lives in large

herds, and the early maturation and fecundity of this species allow for

rapid population increases, reaching 60 to 80 percent annually.

In the 1960s the saiga antelope was the most widespread wild

ungulate in the U.S.S.R., and it was estimated that approximately 2

million animals inhabited Asia. However, the population in Mongolia is

listed as endangered under the U.S. Endangered Species Act (ESA). Other

than humans, wolves are the main predator of the species. Lack of

fodder in winter is the most important natural calamity causing mass

mortality of saiga antelopes. This species is harvested for its meat,

hides, fat, as well as the horns, which are exported to China. Since

the 1960s, little scientific information is available on population

size and trade in parts. The Service solicits additional information on

international trade and population status, in order to make its final

decision on whether to propose the entire species for listing in

Appendix II, and if so, whether to propose any populations for Appendix

I.

4. Urial (Ovis vignei)

At the Plenipotentiary meeting of the CITES Parties in 1973, Ovis

vignei was included in Appendix I, as proposed by India, and was also

referred to as urial and shapo. However, because there was no

supporting documentation submitted at the time of the proposed listing,

and because different references available in early 1973 attributed

different subspecies and populations to Ovis vignei, it is not

completely clear what population(s) the Parties intended to protect.

Ellerman and Morrison-Scott's Checklist of Palaearctic and Indian

Mammals (1966, British Museum) considered O. vignei to be restricted

to those populations in Kashmir and Ladak. Ovis orientalis vignei had

been described by Blyth in 1841 from specimens collected in Ladak,

India.

Also at the Plenipotentiary meeting, Afghanistan proposed including

Ovis orientalis in Appendix III (Afghanistan proposed subspecies

listings for five other mammals but not for Ovis orientalis). However,

it never did list this species; whether this is because it considered

their populations to be covered by the Ovis vignei listing or whether

the desire of the government to include them in Appendix III had

changed by the time that Afghanistan acceded to CITES on January 28,

1986, is unknown.

At the time of the Second Meeting of the Conference of the Parties

(COP2) in 1979, the Parties apparently considered Ovis vignei to

include populations of urial in Iran. This interpretation is based on

the absence of any debate on the coverage of the Appendix I listing

when Iran proposed to delete Ovis vignei arkal from Appendix I. (Iran

later withdrew the proposal.) While one might have expected several

Plenipotentiary meeting participants to also have participated in COP2

and to have commented on any inconsistency between the original listing

and the proposal presented at COP2, it is not known with certainty what

was the original intent of the Parties.

In the CITES-adopted checklist for mammals, Mammal Species of the

World by Honacki, Kinman, and Koeppl (1982), Ovis vignei is considered

to represent those populations from eastern Iran to Ladak, and Ovis

orientalis (also known as Ovis aries) is considered to represent those

populations from western Iran to Turkey.

Adoption of a new nomenclatural reference by the Parties cannot

change the entity originally listed, and, as previously noted, that

listing seems unclear. A new reference, Mammals Species of the World,

2nd edition, by Wilson and Reeder (1993), retains the distribution

assigned to Ovis vignei and Ovis aries (=orientalis) in the earlier

1982 checklist, but further highlights the issue by including synonyms

(usually subspecies or species) that are associated with Ovis vignei

and Ovis aries (=orientalis). For Ovis vignei these synonyms include

some names that some individuals have associated with Ovis orientalis,

e.g., arabica, arkal, blanfordi, bochariensis, cycloceros, dolgopolovi,

punjabiensis, severtzovi, varentsowi.

Note: The entity referred to above as severtzovi is located

between population centers of Ovis vignei and Ovis ammon, and the

U.S. Fish and Wildlife Service has previously included this entity

as Ovis ammon in the listing of this species as endangered pursuant

to the U.S. Endangered Species Act.

The CITES Nomenclature Committee has not considered the listing

issue to be clear enough to make a nomenclatural interpretation, and

therefore, since the Parties should make this decision, the Service is

considering submitting a proposal to clarify what populations are

included in Appendix I as a result of the 1973 listing of Ovis vignei.

The Service seeks information on the status of and trade in the

various populations/subspecies of the urial distributed from northwest

India, through Pakistan (except for the extreme northern portion),

Afghanistan (except for the extreme northeast portion), western

Tajikistan, and Turkmenistan, to northern and eastern Iran. The Service

may propose listing any or all of these populations in Appendix I or

Appendix II.

5. Box Turtles (Terrapene spp.)

Prior to the Eighth Meeting of the Conference of the Parties in

1992 (COP8), the New York Zoological Society submitted a proposal to

the Service for its consideration, to add the genus Terrapene (box

turtles) to Appendix II, while retaining T. coahuila (Aquatic box

turtle, or Coahuilan box turtle) in Appendix I. The Service initially

considered submitting this proposal for consideration at COP8, but

decided not to due to a lack of trade data. The Service is now

considering submitting this proposal, based on both biological

information and trade information from the Service's Law Enforcement

Management Information System (LEMIS). While a separate code for data

entry of information on trade in specimens of this genus was provided

after COP8, the Service's records of exports and imports in LEMIS for

species not listed in the CITES appendices are to be considered as a

minimum for the numbers of specimens in trade.

The genus Terrapene is comprised of four species (T. carolina, T.

coahuila, T. nelsoni, and T. ornata), with 11 recognized subspecies; T.

coahuila is already listed in Appendix I.

Terrapene nelsoni has a very small and fragmented range on the west

coast of Mexico. Terrapene ornata ranges over large sections of the

midwestern United States and the Great Plains, from Texas north to

southern South Dakota, and eastward to Indiana. Terrapene carolina is

the most widely distributed species of box turtle, and is found from

Canada to Mexico; its range is from Maine southward to Florida, and

westward through southern Canada to Michigan, Illinois, Kansas,

Oklahoma, and Texas. Although widespread, the species is reported to be

rare or extinct in parts of its range in Maine, New Hampshire,

Michigan, and Ontario, and declining elsewhere in its range.

Box turtles are long-lived and slow-growing, with low annual

reproductive output and late onset of sexual maturity (10-20 years).

They also have high site fidelity, and loss of adults from a population

can have a significant detrimental effect on the status of the

population. Box turtles are important components of many terrestrial

ecosystems. Development activities have increasingly fragmented their

habitats. The sale of T. carolina and T ornata is restricted in several

States, while allowed in others.

Based on Service LEMIS data, 26,817 box turtles were exported from

the United States in 1992, and 18,134 were exported in 1993. However,

1993 data are not yet fully entered into the computer system, and are

thereby incomplete. These figures represent the number of box turtles

reported to the Service as being exported; it is not possible to

ascertain how many were removed from the wild. Whether or not this

level of international trade in these species is detrimental to

populations must take into account the numbers removed from the wild

for international trade along with the numbers removed from the wild

for other purposes, including but not limited to interstate and

intrastate commerce, habitat loss, habitat degradation, disease, and

predation.

The Service solicits additional information on population trends,

levels of trade, and the affect of trade on population status for

review in deciding whether to submit a proposal to include the genus

Terrapene in Appendix II, while retaining T. coahuila in Appendix I.

6. Copperbelly Water Snake (Nerodia erythrogaster)

The northern subspecies. Nerodia erythrogaster neglecta, of this

water snake is considered to be threatened. The current distribution of

this subspecies is restricted to the lower Ohio River Valley and the

lower Wabash River Valley in extreme southwestern Indiana and adjacent

Illinois and Kentucky, and in southern Michigan northeastern Indiana,

and northwestern Ohio. Due to significant population declines,

especially in Michigan, Ohio, and northern Indiana, the subspecies now

persists only in scattered, isolated pockets where suitable habitat

exists. The total population is estimated approximately 1,530 adults

rangewide, with 368 breeding pairs.

A proposed rule to list the northern copperbelly water snake as

threatened under the U.S. Endangered Species Act (ESA) was signed by

the Service's Director on July 26, 1993. Recently there appear to be

indications that this taxon is intercrossing with another subspecies in

areas of overlap of the ranges of these two taxa.

Habitat loss and fragmentation are the primary factors threatening

the continued existence of the subspecies, but amateur collectors

reportedly continue to take snakes from the wild. It is sought because

of its rarity, its large size, its unique coloration, and its value in

the pet trade. It is reported that an international commercial dealer

offered $260 for a breeding pair of northern copperbelly water snakes.

The Service is seeking information on the extent and significance

of trade in the species, and would consider proposing the entire

species for Appendix II if there is sufficient concern about similarity

of appearance.

7. Bluefin Tuna (Thunnus thynnus)

The Service received a draft proposal from ICCAT Watch, a coalition

consisting of the National Audubon Society, the Center for Marine

Conservation, and World Wildlife Fund-US, to list bluefin tuna

throughout the Atlantic in Appendix II.

Previously, a notice was published in the Federal Register (56 FR

33894, July 24, 1991) seeking comments on a proposal from the National

Audubon Society to list the western Atlantic stock of bluefin tuna in

Appendix I. The NMFS initially recommended that public comment be

received on the merits of proposing the species for listing in Appendix

II. After review of all comments and available information, the Service

decided not to propose listing of the species in either appendix.

Management of the Atlantic bluefin tuna falls under the

responsibility of parties to the ICCAT. Provisions of Article XIV of

CITES relieve ICCAT member countries from CITES obligations with

respect to trade in specimens of marine species included in Appendix

II, if such trade is in accordance with the provisions of ICCAT and if

a certificate stipulating to this condition is given by the CITES

Management Authority of the country of introduction.

For western Atlantic bluefin tuna, the current stock assessment

(1993) by the ICCAT Standing Committee on Research and Statistics

(SCRS) estimated stock trajectories showing a significant decline from

1970 to 1992 but with a small increase in 1993. The 1993 median

estimate of abundance for 8-year-old and older tuna is 10.9 percent of

the 1970 median, 20 percent of the 1977 median, 43 percent of the 1982

median, and 78 percent of the 1988 median. In terms of spawning

biomass, current abundance is estimated at between 6 percent and 12

percent of that which could produce maximum sustainable yield.

Projections by the SCRS stock abundance, based on the assumption that

the current relationship between spawning biomass and recruitment will

prevail in the future, suggest that there is about a 50 percent chance

of preventing further decline in mature stock size if catches between

1994 and 2001 were limited to 1,200 metric tons per year (mt/yr). Lower

catches result in higher odds of preventing further reductions in

spawning stock. The allowable catch in 1994 is, 1,995 mt. The allowable

catch in 1995 is 1,200 mt, subject to scientific review of the most

recent assessment results.

In addition, there is an uncertainty about the proper north-south

dividing line between the western and eastern populations. In recent

years, Japanese vessels have harvested a substantial tonnage of bluefin

tuna just east of the original N-S line. At least a portion of this

take may have included tuna from the western population.

For eastern Atlantic bluefin tuna, the 1992 assessment shows great

variability in the abundance of the youngest age groups (ages 1-4) over

the period 1970-91). Estimates of abundance of fish 5 years old or

older, which includes most of the spawning stock, have shown a

consistent downward trend, the average abundance of fish 5 years old or

older for 1990-92 being about one half the average estimate for 1970-

72. Abundance estimates for the oldest fish of this stock (ages 10 and

older) have shown an even greater downward trend since 1970. The

average estimated abundance of fish in this age group for the period

1990-92 was about one third of the average estimate for the 1970-72

period.

Recent (1991) estimated fishing mortality rates for eastern

Atlantic bluefin are between 2 and 7 times the common fishing mortality

rate reference levels which are thought to result in long-term average

yields near maximum sustainable yield and provide adequate safeguards

against recruitment failure. Over the long term, fishing mortality

rates as high as those estimated are likely to result in increased

risks of stock collapse.

At COP8, Sweden proposed the listing of the western Atlantic

population of bluefin tuna in Appendix I and the eastern Atlantic

population in Appendix II. The proposal was withdrawn by Sweden at the

meeting based on a set of conditions which primarily included the

requirement that ``ICCAT continue its initiatives, with particular

emphasis on quota reductions, to restore and maintain Atlantic bluefin

tuna populations * * *.''

At the 1993 Regular Meeting of ICCAT, the quota for take of the

species in the western Atlantic was reduced from the 1991 level by 25

percent of 1994 and by another 30 percent for 1995, for a 55 percent

total reduction since Sweden submitted its resolution to COP8. In

addition, the quota for Japanese fishing vessels, in the central

Atlantic, whose harvest had been 450 mt annually from the western

Atlantic and about 1,000 mt annually from the eastern Atlantic, was

capped at 1,300 mt for the 2-year period 1994-95.

Progress was made on other conservation measures, including the

development of a Bluefin Statistical Document (similar to a CITES

certificate of origin), which would be required by all ICCAT countries

for the importation of bluefin tuna. This document is already required

for frozen bluefin tuna imports. It will be partially implemented for

fresh tuna by June 1994, and full implementation is scheduled for

December 1994, when the document must be validated by the appropriate

government official. An intersessional meeting is scheduled for spring

1994 to discuss, among other things, the use of trade measures as an

enforcement tool. Thus, a proposal to list this species in Appendix II

may not be warranted at this time based on the progress at the last two

ICCAT meetings.

However, ICCAT has not yet fully implemented the quota reductions

or the Bluefin Statistical Document Program, and other measures may be

necessary for ICCAT to take with respect to non-ICCAT countries in

order to supplement the existing conservation regime. Therefore, the

Service requests comments on the merits for an Appendix II listing of

the entire Atlantic population, particularly with respect to collecting

trade date concerning non-ICCAT countries.

8. Whale Shark (Rhincodon typus)

EIA proposed that the whale shark be considered for CITES

protection, and subsequently provided a draft proposal to include this

species in Appendix II. Whale sharks are large filter feeders and exist

in the temperate seas throughout the world. Whale sharks are vulnerable

to commercial harpoon gear and collisions with vessels. Whale sharks

have supported small to medium commercial fisheries in India, Pakistan,

China, the Philippines, and Senegal, where catches may be increasing.

The flesh is eaten fresh or after being slated and dried.

The whale shark is slow growing and may produce few young, and

consequently, may be easily overexploited. The NMFS Fishery Management

Plan for Sharks of the Atlantic Oceans placed whale sharks in the large

coastal species group, and this group of sharks is considered to be

overfished in the Northwest Atlantic and to have declined off southern

California. However, this species does not appear to be an important

fisheries species.

Because of the recent increases in worldwide catches of sharks for

the meat and fins, and for medicinal purposes, the Service is

requesting information this species, but without more specific

information indicating population declines or increases in trade, the

Service may not have sufficient information to warrant submission of a

proposal for this species.

9. Requiem Sharks (Carcharhinidae spp.) and Hammerhead Sharks

(Sphyrnidae spp.)

These species were proposed for review for inclusion in Appendix II

or III, by the National Audubon Society in 1991. At that time, the

Service did not believe that sufficient information was available to

propose these species for consideration at COP8. However, the Service

is re-examining this recommendation in preparation for COP9.

These species are normally targeted by commercial shark longline

and gillnet fisheries and are also subject to take in recreational

fisheries. The NMFS Fishery Management Plan for Sharks of the Atlantic

Oceans placed these sharks in the large coastal species group, but many

individuals of these species make extensive migrations. In the

preparation for development of the management plan, a peer review of

effort by NMFS and non-NMFS experts evaluated the available information

and determined that the large coastal species group of sharks was

overfished in the Northwest Atlantic. As a consequence, catch quotas

imposed for the large coastal shark species were set at levels

representing a 30 percent drop pattern. These sharks are vulnerable to

overexploitation.

Because of the recent increases in worldwide catches of sharks for

the meat and fins, and for medicinal purposes, the Service is

requesting information on these species. However, without more specific

information indicating specific population declines or increases in

trade, the Service may not have sufficient information to warrant

submission of any proposal for these species.

10. Freshwater or Pearly Mussels (Family Unionidae)

The bivalve mollusc family Unionidae (pearly mussels or naiads) is

one of the most diverse mollusc families in North America. Their

geographic distribution is widespread; naiads are found in most of the

major river drainages in the Southeast and Midwest, including the Upper

Mississippi drainage system, and as far west as Oklahoma and Texas.

Members of this family also occur in Europe

At the Sixth Meeting of the Conference of the Parties in 1987, the

Ten-Year Review Committee Chairman withdrew a proposal to remove the

six unionid species listed in Appendix II (with the other 26 species

remaining in Appendix I) with the understanding that the United States

would review the need for the listings.

Most of the species included in Appendix I are listed as endangered

pursuant to the U.S. Endangered Species Act, and two of the species

included in Appendix II are now listed as endangered. However, seven of

the Appendix I species and the remaining four Appendix II species are

not listed as endangered or threatened under ESA. A few species of

pearly mussels are valued as a source of beads for the cultured pearl

industry, and shells of these species as well as the pearls made from

such shells are heavily traded. The Service's concern is how to provide

the appropriate protection to the endangered pearly mussels without

unnecessarily regulating the trade in the few commercially valuable,

non-threatened mussels.

Mussel shells used in the manufacture of cultured pearls are

identifiable by their heavier, all white shells, and they occur in

larger rivers and reservoirs with few species of endangered mussels.

Furthermore, State regulations usually prohibit the collection of

shells from those sections of rivers with significant populations of

the endangered mussels. Even with these and other State restrictions,

some endangered mussels may be harvested by the divers; however, it is

believed that the buyers exclude shells not valuable for the making of

pearl beads, and the exporters further screen all shells to sort them

into species and size categories to fill specific orders from foreign

buyers. Therefore, the likelihood of endangered mussels being exported

for the pearl industry is extremely low.

Rather, the potential trade threat to the endangered species may be

from shell collectors and the use of shells in the jewelry industry. It

is probably only the most endangered species that would be affected by

trade for collections, and the Service is endeavoring to determine

whether there is any threat to endangered species from the trade in

mussels for jewelry.

There are about 58 endangered freshwater mussels and another 53

that may be endangered but for which definitive status information is

not yet available. If the most endangered of these species may be

affected by trade, having the species listed under CITES would provide

additional protection for the species. Therefore, the Service is

considering preparing a proposal to list in Appendix I only the most

endangered of the species (thus, downlisting some of the present

Appendix I species) and proposing the remainder of the native species

for inclusion in Appendix II, except those clearly identifiable species

exported for the pearl industry. The basis for this proposal would be

either because of status of the species or for reasons of similarity of

appearance. The species that the Service is considering excluding are:

Actinonaias ligamentina (=A. carinata), Amblema plicata, Cyclonaias

tuberculata, Elliptio crassidens, Elliparia lineolata, Fusconaia ebena,

Fusconaia flava, Ligumia recta, Megalonaias nervosa, Obliquaria

reflexa, Pleurobema cordatum, Quadrula apiculata, Quadrula metanevra,

Quadrula nodulata, Quadrula pustulosa, Quadrula quadrula, and

Tritogonia verrucosa. This approach provides the shortest list (unless

the entire unionid taxon were listed, which would add an unnecessary

permit burden), and the shorter list would assist enforcement officers

in focusing their efforts. This approach would also involve downlisting

some species presently listed in Appendix I. An alternative may be

that, for those species where there is not a sufficient probability of

trade to warrant any CITES listing, the Service might propose the

deletion of present Appendix I and II freshwater mussel species.

The Service would especially appreciate comments as to whether

information already available sufficiently identifies the most

endangered species so that further identification of these species by

listing them in Appendix I does not increase the threat from

collection. Additional information on the trade in shells for the

jewelry industry would be appreciated, as well as comments on the above

recommendations for species to be excluded from any proposal that the

Service may submit.

11. Tarantulas (Brachypelma spp.)

The Service has been considering listing additional Brachypelma

species to address look-alike concerns. As a result of the Service's

discussions, a proposal was received from Dr. Robert Wolff of Trinity

Christian College, Palos Heights, Illinois, to list all members of the

tarantula genus Brachypelma (also known as Euathlus and Brachypelmides)

in Appendix II of CITES. Most species of this genus have very limited

distributions within the general area of Central America from northern

Mexico south into Colombia, and are known only from a very limited

geographic region within a single country. The very limited

distributions of these species places each in greater danger of

possible extinction.

Brachypelma tarantulas are ground-dwelling, burrowing spiders

occurring from semi-desert regions, through tropical dry deciduous

forests, to tropical moist forests. The red-haired Brachypelma

tarantulas are very popular as pets. They are long-lived spiders; the

females frequently live up to 20 years, with as many as 12 possible

years for breeding. The males are only mature for a single breeding

season and are heavily preyed upon during their wanderings. Whereas up

to 400 individual eggs may be produced in each egg sac, the number of

hatchlings surviving to adulthood is extremely small (about 1 percent).

Therefore, the loss of mature individuals from a population is a major

threat to the species; larger individuals are preferred by the pet

trade. Several species in the genus are poorly described or virtually

unknown, and no thorough population studies have been conducted on any

of the species.

Very little is known about the trade in Brachypelma tarantulas and

most specimens are probably coming out of Mexico without proper

documentation. Mexico prevents the hunting and export of tarantulas

without a permit. At the Fifth Meeting of the Conference of the Parties

(Buenos Aires, 1985), the United States proposed the inclusion of

Brachypelma smithi (the red-kneed tarantula) in Appendix II because of

widespread documented trade. The listing of all Brachypelma tarantulas

would eliminate the present confusion over identification of which

species are entering trade. Most species within the genus are easily

recognized by the red or reddish hairs on the legs or abdomen. The

Service is, therefore, considering the listing of all members of the

genus Brachypelma in Appendix II and seeks information on the effects

of trade on these tarantulas, especially any data on the volume of

specimens entering trade.

12. Port-Orford-Cedar (Chamaecyparis lawsoniana)

In response to the July 15, 1993, notice (58 FR 38112) which

initiated listing preparation for COP9, the Oregon Natural Resources

Council provided a thorough draft proposal to include the Lawson-

cypress or Port-Orford-cedar (Chamaecyparis lawsoniana) in Appendix II.

This species is native to southwestern Oregon and northwestern

California within a general coastal area of less than 200 by 100 miles,

mostly from about Coos Bay, Oregon south to Arcata, California. It is

also in cultivation (and has a number of horticultural varieties). The

species has been reduced both in range and by over 85 percent in

natural standing volume, and is now logged almost entirely for export

(primarily to Japan). An introduced pathogen (Phytophthora lateralis)

has been spreading particularly along waterways and as a side effect of

soil transport by vehicles and logging equipment. The main stimulus for

the logging of Port-Orford cedar is high export prices, and one

important stimulus for the construction of many logging roads is the

export of raw logs. This fungus has spread through the northern and

western portions of the tree species' range, and it has infected

perhaps 20 percent of the remaining coastal stands. The root disease is

virulent, and the infected trees cannot be cured. By the mid-1980s, an

estimated 60 percent of the trees of this species in southwestern

Oregon's young-growth forests had been killed by this introduced

disease.

The Service is considering submission of a proposal to list the

U.S. population of this species and its logs, sawn wood, and veneer in

Appendix II. Information is desired particularly on populations that

are functioning naturally and are effectively safe from habitat loss,

exploitation, and infection; and in addition, information is requested

on the location of U.S. non-natural silvicultural plantations and the

extent of such exports from them.

13. Bigleaf Mahogany (Swietenia macrophylla)

American mahogany, the genus Swietenia, is native to the neotropics

(56 FR 33898-33899, July 24, 1991). Two of the three species in this

genus are listed in CITES Appendix II: Swietenia humilis (Pacific Coast

mahogany) including its parts and derivatives, which occurs in Mexico

and Central America; and Swietenia mahagoni (Caribbean mahogany)

including only its logs, sawn wood, and veneer, which occurs on some

Caribbean islands and extends to southern Florida. The unlisted

species, Swietenia macrophylla (bigleaf mahogany), occurs from South

America to Mexico; it apparently forms hybrids naturally with S.

humilis in Costa Rica. In the Carribean, S. mahagoni seems to have

crossed spontaneously with introduced S. macrophylla to form hybrids

that have been called S. aubrevilleana. Swietenia species and hybrids

also are in cultivation (and may be locally naturalized); some are

grown ornamentally and/or silviculturally. Swietenia macrophylla and S.

mahagoni are grown with limited success in plantations in the tropics

of the New and Old Worlds.

At COP8, Costa Rica and the United States proposed to include

Swietenia macrophylla and its natural hybrid in Appendix II; the U.S.

proposal excluded the Old World populations and secondary and final

products (e.g., finished products and derivatives). In a preliminary

meeting during COP8, all the range States except three (Bolivia, Peru

and Honduras) tentatively supported the listing. Costa Rica decided to

support the U.S. proposal. However, because of lack of sufficient

consensus, the United States withdrew its proposal (cf. 57 FR 20443,

May 13, 1992).

In response to the July 15, 1993, notice (58 FR 38112) that

initiated listing preparations for COP9, the Natural Resources Defense

Council provided a new extensive draft proposal to include the

neotropical populations of Swietenia macrophylla and its natural hybrid

in Appendix II, including only the timber and wood processed to the

first stage of transformation (i.e., primary products), such as logs,

wood in the rough, sawn wood, veneer sheets, and plywood. The September

1993 meeting of the CITES Plants Committee favored submission of a

proposal for this species.

The Service regards the available information and data sufficient

to support reproposing this species and its natural hybrid, and

believes that there is increasing understanding of the consequences and

value of its regulation under CITES Appendix II. The United States has

become the main importer of this species, and the Service plans to

provide a draft proposal to the range States for their comments.

Information is desired particularly on populations that are functioning

naturally and are effectively safe from habitat loss and exploitation.

14. African Mahoganies

The Fauna and Flora Preservation Society provided draft proposals

to list the African mahoganies in Appendix II. African mahoganies

include the genera Entandrophragma (about 11 species) and Khaya (about

6 species), which are native to the tropics of Africa, with Khaya

extending to the Comoros Islands and Madagascar. Some of the 17 species

are in cultivation, including some silvicultural plantations. The

majority of the species have some legal protection in one or more

countries, generally with respect to their export. All of the species

have been declining due to habitat conversion and selectively varied

commercial exploitation, and nearly all of them have been reported to

be threatened in various countries and significant portions of their

ranges.

The United Nations Food and Agriculture Organization has recognized

the need to conserve most Khaya and some Entandrophragma species, being

concerned with their genetic erosion. The September 1993 meeting of the

CITES Plants Committee reviewed draft proposals for these genera, and

favored the circulation of these drafts for their possible submission.

In November 1993, Germany circulated them to the range States for their

views. The Service may join with Germany's initiative, or provide draft

proposals to the range States by April 1994 for their comments.

Information is desired particularly on populations of each species that

are functioning naturally and are effectively safe from habitat loss

and exploitation.

15. Non-native aloes (Aloe spp.)

All species of Aloe are included in the CITES appendices, with

nearly all in Appendix II, including the plants called Aloe vera

(synonym Aloe barbadensis). The genus is essentially African in range,

extending to Madagascar and the Arabian Peninsula, and perhaps

naturally to the Canary Islands. Plants regarded as Aloe vera have been

used for millennia and the yellow-flowered species may be extinct in

its native range in the wild; it may have been native to the Canary

Islands, or perhaps the southern Arabian Peninsula or northeastern

Africa (e.g., Ethiopia), where similar species occur.

The whole plants commonly in trade as aloe vera are of artificially

propagated (or also naturalized) origin. Their regulation has become an

enforcement burden. To deal with this situation, the Service is

considering submission of a proposal by June 1994 to remove the non-

native populations of Aloe that are geographically unrelated to the

general African area. Thus, all species of Aloe where they may be

native, including all of Africa considered broadly (e.g., including

neighboring islands such as the Canary Islands and Socotra) and the

Arabian Peninsula, would continue to be regulated by CITES. The

September 1993 meeting of the CITES Plants Committee favored submission

of some such proposal on this problem, and the conservation committee

of the International Organization for Succulent Plant Study offered to

assist in its preparation. Information is requested on whether

exclusion of plants from this non-native population of Aloe would

significantly increase risk to the survival in its native range of any

Aloe (i.e., species, subspecies, botanical variety, or significant

population).

Future Actions

The Service will consider all available information in deciding

which proposals warrant consideration by the Parties. The U.S.

proposals must be submitted to the CITES Secretariat by June 10, 1994,

for consideration at the November 1994 meeting of the Conference of the

Parties in Fort Lauderdale, Florida. After the June date, the Service

will publish a further Federal Register notice to announce its

decisions on the potential proposals discussed above. Persons having

current biological or trade information about the species being

considered are invited to contact the Service's Office of Scientific

Authority at the above address.

The primary author of this notice is Dr. Charles W. Dane, Chief,

Office of Scientific Authority, under the authority of the Endangered

Species Act of 1973, 16 U.S.C. 1531 et seq.

List of Subjects in 50 CFR Part 23

Endangered and threatened species, Exports, Imports, Treaties.

Dated: January 3, 1994.

Mollie H. Beattie,

Director.

[FR Doc. 94-1613 Filed 1-26-94; 8:45 am]

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