Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Ninth Regular Meeting

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Conference of the Parties to the Convention on International

Trade in Endangered Species of Wild Fauna and Flora; Ninth Regular

Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: This notice sets forth summaries of the proposed United States

negotiating positions on agenda items and resolutions for the ninth

regular meeting of the Conference of the Parties (COP9) to the

Convention on International Trade in Endangered Species of Wild Fauna

and Flora (CITES). Comments or other relevant information concerning

these proposed negotiating positions are solicited. Public meetings to

discuss these proposed negotiating positions also have been held.

DATES: The Fish and Wildlife Service (Service) will consider

information and comments received by October 19, 1994. in formulating

its final negotiating positions.

ADDRESSES: Comments should be sent to the Director, U.S. Fish and

Wildlife Service, c/o Marshall P. Jones, Chief, Office of Management

Authority, 4401 N. Fairfax Drive, Room 420-C, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Marshall P. Jones or Susan S.

Lieberman, Office of Management Authority, at the above address;

telephone 703/358-2093; fax 703/358-2280.

SUPPLEMENTARY INFORMATION:

Background

The Convention on International Trade in Endangered Species of Wild

Fauna and Flora, hereinafter referred to as CITES or the Convention, is

an international treaty designed to control international trade in

certain animal and plant species which are or may become threatened

with extinction, and are listed in Appendices to the treaty. Currently,

123 countries, including the United States, are CITES Parties. CITES

calls for biennial meetings of the Conference of the Parties which

review its implementation, make provisions enabling the CITES

Secretariat (in Switzerland) to carry out its functions, consider

amending the list of species in Appendices I and II, consider reports

presented by the Secretariat, and make recommendations for the improved

effectiveness of the Convention.

This is part of a series of notices which, together with public

meetings, provide the public with an opportunity to participate in the

development of the U.S. positions for the ninth regular meeting of the

Conference of the Parties (COP9) to CITES. A Federal Register notice

published on July 15, 1993 (58 FR 38112), requested information and

comments from the public on animal or plant species the United States

might consider as possible amendments to the Appendices. A Federal

Register notice published on November 18, 1993 (58 FR 60873), requested

public comments on possible revisions to the criteria for listing

species in the CITES Appendices. A Federal Register notice published on

January 27, 1994 (59 FR 3832), requested additional comments from the

public on animal or plant species the United States was considering

submitting as amendments to the Appendices. A Federal Register notice

published on January 28, 1994 (59 FR 4096): (1) published the time and

place for COP9; (2) announced a public meeting for February 22, 1994,

to discuss the 31st meeting of the CITES Standing Committee; (3)

detailed the provisional agenda of the COP; and (4) requested

information and comments from the public on possible COP9 agenda items

and resolutions that the United States might submit. A Federal Register

notice published on September 1, 1994 (59 FR 45307), announced a public

meeting to take place on September 14, 1994. A Federal Register notice

published on September 6, 1994 (59 FR 46023), set forth summaries of

proposed U.S. negotiating positions on species proposals that were

submitted by other countries to amend the CITES Appendices and

requested public comment on these proposals. A Federal Register notice

published on September 7, 1994 (59 FR 46266), announced an additional

public meeting to take place on September 16, 1994. The present notice

complements the previous notices by setting forth proposed U.S.

negotiating positions on other agenda items and resolutions for COP9,

and requests public comments on these positions, which were also

presented at the September 14 and 16 public meetings. Another Federal

Register notice will also announce the proposed species amendments,

resolutions, and agenda topics submitted by the United States. The

Service's regulations governing this public process are found in Title

50 of the Code of Federal Regulations Secs. 23.31-23.39.

Proposed Negotiating Positions

In this notice, the Service summarizes proposed negotiating

positions on agenda items and resolutions for COP9 (other than

proposals to amend the Appendices, which are presented in the September

6, 1994, Federal Register notice discussed above). Numerals next to

each agenda item correspond to the numbers used in the provisional

agenda [COP9 Document 9.1 (revised)] received from the CITES

Secretariat. However, documents for a number of the agenda items have

not yet been received from the CITES Secretariat; they will be

available on request from the Service after they have been received.

A list of documents received to date were made available at the

public meetings of September 14 and 16, 1994, and copies will be made

available to the public on request. When information and comments on

the agenda items were submitted in writing to the Service or received

at the February 22, 1994 public meeting, they are included with the

proposed negotiating position. Each proposed position includes a brief

rationale explaining the basis of the position. The Service will

endeavor to publish a Federal Register notice in October 1994 that

details final negotiating positions on all issues pertaining to COP9,

with the understanding that new information that becomes available

during discussions at a COP can often lead to modifications in these

positions. At COP9, the U.S. delegation will fully disclose all

position changes and rationale explaining them.

AGENDA (Provisional)

I. Opening Ceremony by the Authorities of the United States of America

The United States is arranging for a suitable ceremony in

cooperation with the CITES Secretariat. Details of the ceremony will

not be finalized until October, 1994.

II. Welcoming Addresses

The United States is arranging for welcoming addresses from

appropriate officials in cooperation with the CITES Secretariat.

III. Adoption of the Rules of Procedure

See Doc. 9.1 (Rev)--Provisional Agenda for COP9

Oppose modifications to the Rules of Procedure; support retention

of the Rules of Procedure from COP8 in Kyoto, Japan.

The Provisional Rules of Procedure have been circulated by the

CITES Secretariat to the Parties. The Rules of Procedure must be

adopted by the Plenary of the COP at the outset. The only difference

between the Rules of Procedure for COP8 and the Provisional Rules

circulated by the Secretariat are in Rule 15, paragraph 3, which was

modified by the Standing Committee at its thirty-first meeting in

Geneva, 21-25 March 1994. The modifications recommended by the Standing

Committee, and indeed all of the Rules of Procedure, are not official

until they are adopted by the COP. Rule 15, paragraph 3, refers to

secret ballots. According to the Rules of Procedure adopted at COP8

(which did not differ from those at COP7), when a delegation proposes

that a vote be taken by secret ballot, an open vote is required to

approve this proposal; a majority of all Parties voting must approve a

secret ballot before it is implemented. The revised Rules of Procedure

recommended by the Standing Committee, amended at the suggestion of the

observer from Zimbabwe at that meeting, require that only six parties

(the proposer and five seconds) request a secret ballot for it to be

implemented for a particular vote.

At the Standing Committee meeting, the United States delegation

opposed modifying the Rules of Procedure. The proposed COP9 position of

the United States remains in opposition to this modification of the

Rules of Procedure, which operated effectively at both COP7 and COP8.

In numerous international fora (e.g., GATT, UNCED), it has been the

position of the United States to promote openness in the dealings of

intergovernmental organizations. The United States believes that since

a delegation at a COP is accountable to its government, it should not

need to vote in secret.

The United States is also very concerned that making secret ballots

too easy will unnecessarily delay the work of the COP. The United

States also believes that it is inappropriate for the minority

(possibly only six countries) to dictate to the majority how votes

should proceed. The United States believes that a rule allowing a few

countries to require use of the secret ballot could lead to excessive

use of this option. Secret ballots are extremely slow and time

consuming. For budgetary and other reasons, electronic voting cannot be

provided at the COP, which would have minimized the time necessary to

conduct a secret vote. Regardless of how few or many secret ballots are

taken at the COP, however, all U.S. positions and votes on issues will

be publicly disclosed.

IV. Election of Chair and Vice-Chair of the Meeting and of Committees I

and II and of the Budget Committee

No documents will be prepared for this item. Support election of a

Conference Chair from the United States, and highly qualified Committee

and Vice Chairs representing the geographic diversity of CITES.

The Chair of the CITES Standing Committee (New Zealand) will serve

as temporary Chair of the Conference until a permanent Conference Chair

is elected. It is traditional for the host country to provide the

Conference Chair, and the United States will propose a person with

substantial executive skills and international negotiating experience

to be nominated as Chair. This person, if elected by the parties, will

serve as Presiding Officer of the Conference and also of the Conference

Bureau, the executive body which manages the business of the

Conference; other members of the Bureau include the Committee Chairs

(discussed below), the nine members of the Standing Committee (see

Agenda Item IX), and the Secretariat.

The major technical work of CITES is done in the Committees, and

thus Committee chairs must have great technical knowledge and skill. In

addition, CITES benefits from active participation and leadership of

representatives of every region of the world. The United States will

support election of Committee Chairs and Vice Chairs of the Conference

having requisite technical knowledge and skills and also reflecting the

geographic and cultural diversity of CITES. The United States is now

consulting with the Secretariat and the Standing Committee regarding

suitable candidates.

V. Adoption of the Agenda and Working Programme

See Doc. 9.1 (Rev)--Provisional Agenda for COP9; Doc. 9.2 (Rev)--

Provisional Working Programme for COP9; Doc. 9.2.1 (Rev)--Provisional

Working Program for COP9 Committee I; and Doc. 9.2.2 (Rev)--Provisional

Working Program for COP9 Committee II. Support adoption of an agenda

and working program that guarantees a smoothly operating meeting that

addresses all species and implementation issues; the U.S. nominee to

serve as Conference Chair, if accepted by the parties, will be

responsible for management of the overall agenda, in consultation with

the Bureau.

VI. Establishment of the Credentials Committee and Committees I and II

No document has been received from the CITES Secretariat yet.

Support the establishment of the Credentials Committee and

Committees I and II.

Establishment of the Credentials Committee is a pro forma matter.

The Credentials Committee approves the credentials of delegates to the

COP, by confirming that they are official representatives of their

government, thereby affording them the right to vote in Committee and

Plenary sessions. The United States supports the establishment of

Committees I and II, provided most participating Parties have been able

to send at least two delegates, or that the rules governing debate of

the Committees ensure that most delegations will have an opportunity to

debate recommendations before a final decision is made.

VII. Report of the Credentials Committee

No document has been received from the CITES Secretariat yet.

Support adoption of the report of the Credentials Committee if it

does not recommend the exclusion of legitimate representatives of

countries that are Parties to CITES. Representatives whose credentials

are not in order should be afforded observer status as provided for

under Article XI. If credentials have been delayed, representatives

should be allowed to vote on a provisional basis. A liberal

interpretation of the Rules of Procedure on credentials should be

adhered to in order to permit clearly legitimate representatives to

participate.

Adoption of the report is generally pro forma. Exclusion of Party

representatives whose credentials are not in order could undermine

essential cooperation among Parties.

VIII. Admission of Observers

No document has been received from the CITES Secretariat yet.

Support admission to the meeting of all technically qualified non-

governmental organizations and oppose unreasonable limitations on their

full participation at COP9.

Non-governmental organizations representing a broad range of

viewpoints and perspectives play an important role in CITES activities

and have much to offer to the debates and negotiations at a COP. Their

participation is specifically provided by Article XI of CITES. The

United States supports the opportunity for all technically qualified

observers to fully participate at COPs.

IX. Matters Related to the Standing Committee

No documents have been received yet. This agenda item consists of

three subitems:

1. Report of the Chairman. The United States strongly supports the

active role which the current Standing Committee, under the leadership

of New Zealand, has played in carrying out the many functions given to

it by resolutions adopted by Conferences of the Parties. This includes

the review of compliance with these resolutions by the Parties and

making decisions for appropriate action when Parties are not in

compliance.

2. Regional representation on the Standing Committee: Support an

increase in Standing Committee membership if budgetary implications can

be resolved. The Standing Committee is currently composed of six

Regional voting representatives of North America (Canada), Central and

South America and the Caribbean (Trinidad and Tobago, the Vice Chair),

Asia (Thailand), Oceania (New Zealand, the Chair), Africa (Senegal),

and Europe (Sweden). There are also three ex officio, nonvoting

members: Switzerland (depositary country), Japan (past host country),

and the United States (current host country). Each CITES Region

currently has one representative on the Standing Committee, regardless

of how large or small the number of Parties (Africa has 43 CITES

parties, for example, while North America has only 3 and Oceania only

4). A proposal submitted by Malawi but not yet actually reviewed would

increase the number of Regional representatives from Regions having

larger numbers of Parties. The United States will consider support for

such proposals depending on their exact nature and only after full

consideration by the Budget Committee of their financial effects.

3. Election of new members and alternate regional members:

Encourage membership which will continue the active role of the

Standing Committee. The Regional representatives of North America,

Europe, and Oceania are open for review by their respective Regions at

COP9. The United States, as host of COP9, will continue on the Standing

Committee as past host country until COP10. A new Chair will be

selected by the new Standing Committee during a meeting to be held at

the close of COP9; while the United States will not have a vote, the

U.S. position is to encourage selection of a Chair with a strong

commitment to a proactive Standing Committee role in the management of

CITES affairs, as New Zealand has done during the past two years.

X. Report of the Secretariat

The Report of the Secretariat has not yet been received by the

Service. When received, the Service will carefully review issues

pertaining to: success of procedures for Parties to set budgetary and

work priorities; setting of new short-term and long-term objectives for

the Secretariat; evaluation of the performance of the Secretariat; and

progress in assisting Parties to more forcefully implement the

Convention.

The biennial report provides the major way for the Secretariat, and

the Secretary General, to report priorities, accomplishments, and

problems to the Parties. These are critical management issues facing

CITES which need to be addressed in the Secretariat's report.

XI. Financing and budgeting of the Secretariat and of meetings of the

Conference of the Parties

1. Financial Report for 1992-1993

No document has been received from the CITES Secretariat yet; no

position is possible at this time. The United States continues to

advocate fiscal responsibility and accountability.

2. Anticipated expenditures for 1994 and 1995

No document has been received from the CITES Secretariat yet; no

position is possible at this time. The United States continues to

advocate fiscal responsibility and accountability.

3. Budget for 1996-1998 and Medium-term Plan for 1996-2000

See Doc. 9.10--Budget Estimates for the CITES Trust Fund for 1996-

1997 and for the Medium-term Plan for 1996-2000. This document was only

received a short time ago by the Service, and is still undergoing

review.

Oppose any substantial increase in the Secretariat's budget

representing a significant increase in its work plan. Support budget

increases requested by the Secretariat in cases where the growing

membership is placing increasing burdens on staff, without any

commitment to an increased U.S. contribution. Support an evaluation of

priorities and possible reprogramming of budget items into underfunded

or unfunded areas of higher priority.

The United States cannot at present commit to a larger contribution

to the CITES budget. The United States is the largest single

contributor; under the United Nations scale, the United States is asked

to provide 25 percent of the annual operating budget. In Fiscal Year

1994, Congress appropriated approximately $1 million to the Department

of State for this purpose. However, the United States recognizes the

heavier workload being imposed on the Secretariat, Standing Committee,

and both the Animals and Plants Committees.

4. External Funding

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

External funding refers to the financial support by Party

governments and non-governmental organizations for projects that have

been approved by the Standing Committee. The CITES Parties have

established a process whereby the Standing Committee approves projects

and approves donors, to avoid even the appearance of a conflict of

interest. The Secretariat's report on this issue is expected to

summarize approved donors, approved projects, projects that have been

funded, and approved projects that are awaiting funding. The Service,

the Department of State, and the National Marine Fisheries Service have

made substantial contributions to externally funded projects, including

travel of delegates from developing countries to COPs, support for

committee meetings, facilitating a meeting of the Working Group on the

Transport of Live Specimens, biological studies of significantly traded

species, review of national laws for the implementation of the

Convention, numerous enforcement-related projects, and other similar

projects.

XII. Committee Reports and Recommendations

1. Animals Committee

No document has been received from the CITES Secretariat yet. This

agenda item has two subitems in the provisional agenda:

(a) Report of the Chairman

(b) Regional representation on the Animals Committee

The United States supports the active role of the Animals Committee

in scientific and management issues pertaining to animal species listed

in the CITES Appendices. Encourage membership which will continue the

active role of the Animals Committee, and selection of a Chair with a

strong commitment to a proactive Animals Committee.

The Animals Committee report may contain information or

recommendations dealing with Appendix II species subject to significant

trade, marking techniques, crocodilian tagging, sea turtle ranching,

care for and reintroduction of seized live animals, and various other

issues. The United States has actively participated in the work of the

Animals Committee since COP8, and will continue to be an active

participant in Animals Committee functions.

The Animals Committee is currently composed of individuals

representing the six CITES geographic regions: North America, Central

and South America and the Caribbean, Asia, Oceania, Africa, and Europe.

Each CITES Region currently has one representative on the Animals

Committee. The Regional representatives are selected by their

respective regional caucuses, at the COP. A new Chair will be selected

by the new Animals Committee, most likely during a meeting to be held

at the close of COP9.

2. Plants Committee

No document has been received from the CITES Secretariat yet. The

United States supports the continued activities of the Plants Committee

to improve the effectiveness of CITES for plants, with a focus on the

following: publication of checklists and identification guides;

significant trade in orchids, succulents, and other species; review of

the timber trade; and trade in artificially propagated plants.

Encourage membership which will continue the active role of the Plants

Committee, and selection of a Chair with a strong commitment to a

proactive Plants Committee.

The Plants Committee is currently composed of individuals

representing the six CITES geographic regions: North America, Central

and South America and the Caribbean, Asia, Oceania, Africa, and Europe.

Each CITES Region currently has one representative on the Plants

Committee. Dr. Bruce MacBryde of the Service's Office of Scientific

Authority serves as Vice-Chair of the Plants Committee (representing

North America). The Regional representatives are selected by their

respective regional caucuses, at the COP. A Chair will be selected by

the new Plants Committee, most likely during a meeting to be held at

the close of COP9.

3. Identification Manual Committee

No document has been received from the CITES Secretariat yet.

Continue to support the Identification Manual Committee and

development of animal and plant identification manuals for use by port

and border enforcement officers, in providing a standard of reference

for the identification of CITES species, within available resources and

priorities.

The enforcement officers of the Parties must be equipped with

guides which are accurate, realistic, and helpful in the identification

of the many CITES species and products found in trade throughout the

world.

4. Nomenclature Committee

No document has been received from the CITES Secretariat yet. This

agenda item has two subitems in the provisional agenda:

(a) Report of the Chairman

(b) Recommendations of the Committee

Encourage the development and adoption of checklists for all taxa,

within budgetary limits and priorities to be decided upon by the

Parties. Support revisions of existing checklists for fauna prior to

development of new ones. Because of the expense in developing

checklists for taxa, the United States supports recognition of existing

checklists for remaining taxa when suitable. Implementation of the

Convention is strengthened by the use of uniform names of listed

species.

The Service understands that the report of the Chair presents

technical nomenclatural corrections and recommended revisions to names

included in the Appendices at the Plenipotentiary Conference and at

COP1. Those revisions will require adoption by the Parties at COP9.

XIII. Evolution of the Convention

1. Strategic Plan of the Secretariat

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

2. How To Improve the Effectiveness of the Convention

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

This agenda item was suggested by the delegate from Canada at the

March 1994 Standing Committee meeting; the Standing Committee agreed

that a review of the general evolution and implementation of CITES

should by done by an independent body, and that a project proposal for

this review should be developed by the Secretariat. The main concern of

the United States is what funding will be available for such a project,

and that it not impair the ability of other functions in the

Secretariat budget to receive necessary funding.

XIV. Interpretation and Implementation of the Convention

1. Review of the Resolutions of the Conference of the Parties

Support the effort begun by the Secretariat immediately following

COP8, at the direction of the Standing Committee, to review all of the

resolutions of the Conference of the Parties with the goal of assisting

Parties in the effective utilization of the resolutions, in order to

more effectively implement the Convention, by: (1) Deleting resolutions

that have been superseded or whose purpose has been accomplished; and

(2) consolidating resolutions that deal with the same subject.

At every Standing Committee meeting since COP8, the United States

delegation has strongly urged (and the Committee has adopted this

recommendation of the United States) that any consolidation of

resolutions retain the text of the original, including the preamble, so

as to: (1) assist the Parties, while retaining the original intent of

the resolution; and (2) reduce unnecessary or unproductive debate at

COP9 on ``old'' issues. Therefore, the United States supports deleting

only out-of-date resolutions that are truly non-controversial, and

retaining the text of the original for any consolidations. The Standing

Committee reiterated its support for this approach at its March 1994

meeting. The United States supports an expedited approval of these

consolidations in Plenary Session at COP9, which will only be possible

if the original text of resolutions (preamble and operative paragraphs)

are retained, so that any consolidations will be structural and not

substantive.

(a) Deletion of Resolutions that are out of date. See Doc. 9.19.1--

Deletion of Resolutions that are Out of Date.

Support the deletion of resolutions that are out of date, if they

have been superseded by other resolutions or have been overtaken by

events. Likely to support the deletion of all resolutions proposed by

the Secretariat and circulated to the Parties, with the following

exceptions: Conf. 2.8, 3.13, and those relating to certain parts and

derivatives of plants--Conf. 2.18, 4.24, 6.18, and 8.17 (b) and (c).

Certain other resolutions on plants remain pertinent unless they are

superseded by new resolutions coming from COP9, e.g., Conf. 5.15 in

relation to Doc. 9.30 on nursery registration.

Technical review of Doc. 9.19.1 will continue and the U.S. may

offer further comment on the affected resolutions before or during the

COP. The United States supports deletions of resolutions that are out

of date or no longer relevant. However, recent discussions in the

International Whaling Commission (IWC) highlight the fact that illegal

trade in whale products continues, in spite of the IWC's moratorium on

commercial whaling.

The United States has requested that this item be discussed at COP9

(see agenda item 15). The IWC has not yet completed an observation,

inspection and enforcement program which would certify that the

products of any commercial whaling which occurs in the future are taken

in compliance with IWC regulations. Therefore, the admonitions

contained in Resolutions Conf. 2.8 and 3.13 appear to the United States

to be as pertinent today as when they were adopted by the Parties.

These resolutions are neither out of date, nor have they been

superseded. Therefore, the United States opposes deletion of these

resolutions.

The United States opposes deletion of the aspects pertaining to

plants in Conf. 2.18, 4.24, 6.18, and 8.17(b) and 8.17(c), which

provide an important legal basis, which is different from using a

limited departure from Conf. 5.9 on what is readily recognizable, to

guide the standard exclusion or exemption from CITES provisions of

certain specified parts and derivatives of certain plants, e.g., the

cut flowers of artificially propagated Appendix I hybrids and the

flasked seedlings of all artificially propagated orchids.

Future germane proposals on taxa for Appendix I simply can be

directed by Conf. 8.17(b) and 8.17(c), without subsequent proposals on

the standard exemptions. Future proposals to uplist orchid taxa thus

would be routinely guided by Conf. 8.17(c) and their flasked seedlings

would be exempt. A similar process has been in effect for the proposals

on Appendix II plant taxa, where routinely certain parts or derivatives

are standard exclusions, as specified through Conf. 4.24 (e.g., for

tissue cultures) and Conf. 6.18 (e.g., for flasked seedling cultures).

(b) Consolidation of valid resolutions. No document has been

received from the CITES Secretariat yet. However, documents have been

received at several Standing Committee meetings. The United States

essentially supports those consolidations prepared thus far by the

Secretariat; a review finds them to be a diligent and accurate

consolidation of a complex array of resolutions dealing with the same

subject. Proposed consolidations have been discussed at Standing

Committee meetings and approved for transmission to the Parties on the

following issues (final text has not yet been received from the

Secretariat, however): Transport of live specimens (consolidate Conf.

3.16, 4.20, 5.18, 7.13, and 8.12); Disposal of illegally traded

specimens (consolidate Conf. 2.15, 3.9, 3.14, 4.17, 4.18, 5.14, and

7.6); Trade in elephant ivory (consolidate Conf. 3.12, 6.12, 6.14,

6.15, 6.16, and 7.8); Annual reports and trade monitoring (consolidate

Conf. 2.16, 3.10, 5.5, 5.6, 5.14, and 8.7); Trade in readily

recognizable parts and derivatives (consolidate Conf. 4.8, 5.9, 5.22,

and 6.22); Permits and certificates (consolidate Conf. 3.6, 3.7, 4.9,

4.16, 5.7, 5.8, 5.15, 6.6, 8.5); Trade in plants (12 prior resolutions:

consolidate Conf. 2.13, 5.14, 5.15, 8.17, propose to repeal all or part

of Conf. 2.18, 4.24, 5.14, 6.18, and 6.20, and deal with Conf. 2.14,

4.16, and parts of 5.14, 8.18, 8.19 in a separate consolidation); Trade

with non-Parties and reserving Parties (consolidate Conf. 3.8, 8.8);

and Transit and transhipment (consolidate Conf. 4.10, 7.4).

2. Establishment of a List of the Other Decisions of the Conference of

the Parties

No document has been received from the CITES Secretariat yet.

Support ongoing Standing Committee and Secretariat efforts to

differentiate between Resolutions of the Conference of the Parties

which provide guidance and interpretation of the Convention, or call

for continuing activities of indefinite duration, and decisions of the

COP that direct the Secretariat or permanent committees to perform

certain specific activities of limited duration.

The Standing Committee has recommended that decisions of the

Parties at the COP be distributed in a manner similar to that for

resolutions. The United States supports this procedure, utilizing

guidelines to be adopted by the COP, that have been approved by the

Standing Committee. Often, recommendations to the Secretariat or

permanent committees are included in resolutions, when these

recommendations are relevant for a particular committee only, or for a

short time period between two COPs only. The United States supports

separating these specific and/or short-term decisions from resolutions,

wherein resolutions should refer to recommendations for implementation

of the Convention, and interpretations of the Convention.

3. Report on National Reports Under Article VIII, Paragraph 7, of the

Convention

No document has been received from the CITES Secretariat yet.

Support efforts to encourage all Parties to submit annual reports,

for all species of flora and fauna, consistent with their domestic

legislation. Support efforts whereby proposals for transfer of certain

species from Appendix I to II with an export quota or pursuant to

ranching only be considered for Parties that are current with their

annual report submissions.

Each Party is required by the Convention to submit an annual report

containing a summary of the permits it has granted, and the types and

numbers of specimens of species in the CITES Appendices that it has

imported and exported. Accurate report data are essential to measure

the impact of international trade on species, and can be a useful

enforcement tool.

4. Review of Alleged Infractions and Other Problems of Implementation

of the Convention

See Doc. 9.22--Draft Infractions Report for COP9.

Support the Secretariat's review of alleged infractions by the

Parties, and necessary and appropriate recommendations to obtain wider

compliance with the terms of the Convention. Support an open discussion

at COP9 of major infractions, and a greater emphasis by the Parties on

the enforcement of the laws and regulations implementing the

Convention.

Article XIII of the Convention provides for COP review of alleged

infractions. The Secretariat prepares an Infractions Report for each

COP, which details instances that the Convention is not being

effectively implemented, or where trade is adversely affecting a

species. The first draft of the Infractions Report contains numerous

such alleged infractions. The United States has commented on the draft

Infractions Report. A cursory review of the alleged infractions

indicates a great difference in the depth of the reporting on

infractions over previous reports. The United States considers this to

be an excellent, well-researched and well-prepared Secretariat

document. A large number of infractions are caused by lack of training,

lack of personnel, or lack of knowledge on the workings of CITES. The

majority of the alleged infractions should be a major cause of concern

to the Parties. When the final Infractions Report (incorporating the

comments of Parties) is circulated by the Secretariat, it will be

available to the public upon request.

5. Implementation of the Convention in the European Community

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

This issue was discussed extensively at COP8; absent any document,

the United States cannot formulate a position at this time.

6. National Laws for Implementation of the Convention

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

The United States was strongly supportive at COP8 of a review of

national laws for the implementation of the Convention; such laws are

required by Article VIII of the Convention. The Service provided

funding for this project, and has already received reviews of national

legislation for several countries. The United States believes that the

Convention's effectiveness is undermined when Party states do not have

national laws implementing the Convention, including laws and

regulations that authorize seizure and/or forfeiture of specimens

imported or exported in contravention of the Convention, and laws and

regulations that provide appropriate penalties for such violations.

7. Enforcement of the Convention

No document has been received from the CITES Secretariat yet; no

complete position is possible at this time. Support establishment of a

Law Enforcement Network.

Notification to the Parties number 776 asked the Parties for their

comments on a proposal for establishment of a Law Enforcement Network.

The United States supported establishment of such a network at that

time, and continues to do so. The United States will continue its

support for the provision of law enforcement training to assist Parties

in implementing and enforcing the Convention.

Nine Parties responded to Notification 776, which asked the Parties

for their comments on the proposed Law Enforcement Network, as follows:

five countries (Australia, South Africa, Switzerland, the United

Kingdom, and the United States) supported the proposal; three countries

(Belgium, France and Uruguay) opposed the proposal; and one country

(Spain) was neutral. Although it was not adopted by the Standing

Committee, it was agreed that the Parties should discuss the issue at

the COP. The United States considers effective enforcement of the

Convention to be a critical element that is lacking for many countries,

for a number of reasons, including: lack of training, inadequate

legislation or regulations, lack of funding, lack of infrastructure,

and inadequate communications and networking with other countries and

entities. The United States believes that establishment of a Law

Enforcement Network, comparable to other committees or working groups

established by the Parties, will begin the process of alleviating these

deficiencies.

8. Trade in Hunting Trophies of Species Listed in Appendix I

No document has been received from the CITES Secretariat. The

United States continues to support implementation of Resolution Conf.

2.11 by all Parties.

9. Exports of Leopard Hunting Trophies and Skins

No document has been received from the CITES Secretariat yet.

However, the United States opposes any increases in quotas without

adequate supporting data.

The Service does not know whether this document will involve only a

report on exports, or whether it will be similar to Resolution Conf.

8.10, which refers to the trade in leopard skins, including hunting

trophies, under a quota system approved by the COP. Trade in leopard

skins for noncommercial purposes is allowed under CITES Resolution

Conf. 8.10, which recognizes killing in defense of life and property

and to enhance the survival of the species.

10. Interpretation and Application of Quotas

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

11. Trade in Specimens of Species Transferred to Appendix II Subject to

Annual Export Quotas

No document has been received from the CITES Secretariat yet; no

position is possible at this time. In the past, this agenda item has

involved a report noting compliance with provisions of quota systems.

12. Trade in Rhinoceros Specimens

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

The United States continues to be an advocate for strong

enforcement of the Convention, and use of all possible measures to

encourage countries to effectively implement the Convention. The United

States continues to support decisions of the Standing Committee that

illegal trade in rhinoceros specimens undermines the effectiveness of

CITES.

13. Conservation of Rhinoceros in Asia and Africa

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

The United States continues to be supportive of efforts to benefit

the conservation of rhinoceros species in Asia and Africa, while

realizing that such conservation efforts are seriously undermined by

any trade in rhinoceros specimens in contravention of the Convention.

14. Trade in Tiger Specimens

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

The United States continues to be an advocate for strong

enforcement of the Convention, and use of all possible measures to

encourage countries to effectively implement the Convention. The United

States continues to support decisions of the Standing Committee that

illegal trade in tiger specimens undermines the effectiveness of CITES.

The United States is also exploring the possibility of having a special

evening program on tiger conservation during the Conference.

15. Illegal Trade in Whale Meat

The United States requested that this item be included on the

agenda for COP9, and will submit a paper to the CITES Secretariat for

transmission to the Parties prior to COP9.

There was extensive discussion at the May, 1994 meeting in Mexico

of the International Whaling Commission (IWC) regarding illegal

international trade in whale meat, including involvement by CITES

Parties. All whales subject to the IWC moratorium on commercial harvest

are listed in CITES Appendix I. A resolution was adopted by IWC

(introduced by the United States and other Parties) on this topic, and

the issue is discussed in the IWC Infractions Report. The Service

submitted the information in the IWC Infractions Report on

international trade in whale meat to the CITES Secretariat. The United

States is concerned that illegal trade in whale meat undermines the

effectiveness of CITES for whale species, and will submit a paper on

this topic for discussion at COP9. Several IWC member countries raised

concerns at the IWC meeting that it was inappropriate to discuss trade

in whale specimens outside of CITES. While a CITES COP is the

appropriate venue for such discussions, the U.S. paper will encourage

IWC to continue to explore this issue, and to report on progress to

both the CITES Standing Committee and COP10.

16. Trade in Shark Products

The United States requested that this item be included on the

agenda for COP9, and will submit a paper to the CITES Secretariat for

transmission to the Parties prior to COP9. The United States will

request in that paper that this agenda item be renamed ``Trade in Shark

Parts and Products'', in order to more accurately frame the debate. It

is not the intent of that document to discuss shark management regimes,

including catch quotas, minimum sizes, time and area closures, or gear

restrictions.

As was discussed in the January 27, 1994 Federal Register notice,

the United States considered whether or not to submit a proposal to

COP9 to include several taxa (families or genera) of sharks in Appendix

II. There is limited information about a recent increase in

international trade in shark parts and products, particularly in fins

for the food market. The United States considered there to be

insufficient scientific and trade data on which to base a listing

proposal. The United States believes that this is an important issue

for the Parties to discuss. The United States is considering requesting

that the Animals Committee be called upon to recommend methods and

processes for assessing the biological and trade status of shark

species in international trade. The paper that the United States will

submit may request action by the Animals Committee.

The intent of the United States in asking that this issue be

discussed by the Conference of the Parties is twofold: (1) To encourage

discussion of how best to collect data on international trade in shark

parts and products, particularly how to document catches by species;

and (2) to collect data that will provide the best information about

the impact of international trade (including introduction from the sea)

in shark parts and products on both shark populations and the

ecosystems on which they depend.

17. Trade in Plant Specimens

(a) Nursery registration for artificially propagated Appendix I

species. See Doc. 9.30--Nursery Registration for Artificially

Propagated Appendix I Species.

Tentatively oppose the resolution establishing a stipulated

registration system within the CITES Secretariat for plant nurseries

artificially propagating specimens of species included in Appendix I.

The United States supports a system that would improve the credibility

of the existing system for determining which plant specimens are

artificially propagated.

The registration system proposed in this draft resolution is

complex and would be costly to implement by many Parties. Furthermore,

it may place too much of a burden with nurseries themselves in

determining what constitutes artificially propagated specimens, and

thereby be counterproductive. The current draft of this resolution is

an improvement over previous versions, and the United States encourages

the Secretariat to continue to make progress in this important area.

(b) Revision of the consolidated Resolution. No document has been

received from the CITES Secretariat yet; no position is possible at

this time.

(c) Standard reference for Orchidaceae. No document has been

received from the CITES Secretariat yet. The United States supports

continued work toward a standard reference for traded orchid species.

(d) Implementation of the Convention for timber species. No

document has been received from the CITES Secretariat yet; no position

is possible at this time.

However, the United States notes that the provisions of CITES apply

to all species of wild fauna and flora, including tree species used as

timber; some timber species are already listed in the CITES Appendices.

CITES' purview is in addition to the fact that the trade in timber

species may come under the competence of another international treaty,

convention, or agreement.

(e) Ramin (Gonystylus bancanus). No document has been received from

the CITES Secretariat yet; no position is possible at this time.

18. Significant Trade in Appendix II Species

No document has been received from the CITES Secretariat yet.

However, the United States continues its long-standing support for

the continued focus of the Parties on Appendix II species identified as

subject to significant trade and the proper implementation of Article

IV, as critical to the implementation of the treaty and species

conservation. Support the provision of funding for the coordination and

implementation of significant trade study projects, with oversight by

the Animals, Plants, and Standing Committees.

This topic refers to the trade in those Appendix II species

identified as subject to significant trade, for which a review is

necessary to determine if there exists sufficient biological

information to warrant trade at current levels. Many of these species

may have been traded at levels detrimental to their survival. The CITES

Parties have provided funds to the World Conservation Union (IUCN) and

the Conservation Monitoring Centre to assess priorities in studying

these species. The United States has provided funds for field projects

involving several of these species.

This process has worked effectively since COP8, with the

implementation of Conf. 8.9. The Animals and Standing Committees have

taken a very active role in this process, with net benefit for the

conservation of some species and for improvements in the implementation

of the Convention. The United States supports continuation of this

process, for both animals and plants, with a high priority being placed

on implementation of studies by Parties, scientific assessments,

implementation of scientifically-based quotas when appropriate, and

effective implementation of Article IV.

19. Standardization of CITES Permits and Certificates

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

20. Non-commercial Samples of Skins

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

21. Marking of Crocodilian Specimens

No document has been received from the CITES Secretariat yet.

At COP8, the United States advocated adoption of a resolution that

it submitted jointly with Australia, to require the skins of all

crocodilian species to be tagged before being allowed to be traded by

CITES Parties (whether or not a reservation has been entered by a

Party).

Resolution Conf. 8.14, submitted by both the United States and

Australia, established the framework for a system of universal marking

for all crocodilian skins in trade, as a response to serious problems

of illegal trade in crocodilian skins, parts, and products. The Animals

Committee was charged with setting up the system for the Parties. The

Animals Committee has prepared a revision of Resolution Conf. 8.14 on

this topic, due to problems with implementation of portions of the

resolution. The draft resolution of the Animals Committee has not yet

been received from the CITES Secretariat.

22. Transport of Live Specimens

Support the adoption by the COP of the report of the Chair of the

Working Group on the Transport of Live Specimens (TWG). The United

States will remain an active participant in the TWG, and with all

aspects of the transport of live wild animals.

Dr. Susan Lieberman of the Service's Office of Management Authority

has served as Chair of the TWG since COP8. Copies of all reports of the

Chair of the TWG to the Standing Committee are available on request,

including the Terms of Reference of the TWG. The Chair submitted a

report to the Standing Committee Chair and to the Secretariat, for

transmission to the Parties and discussion at COP9. That report makes

recommendations for the future of the TWG. The Service fully supports

the report, and recommends its adoption, with the exception of

reserving its position on adoption of budgetary and personal

recommendations of the Chair contained therein. Those budgetary

recommendations would facilitate increased training efforts and greater

involvement of exporting Parties in TWG activities and deliberations,

which the Service supports. The Service also supports the provision of

time near the beginning of the first week of COP9 for those interested

in the TWG to meet and discuss transport issues, prior to full

discussion in Committee II. Several past participants in TWG activities

have inquired as to whether such a meeting of the TWG would be

possible; the Service believes that it would be in the best interest of

CITES implementation and of the transport of live animals.

The humane transport of live wild animals remains a significant

concern of the United States. The TWG's Terms of Reference with the

Standing Committee include working to improve implementation of the

Convention and relevant resolutions, training, improvement of

international standards, coordination with the International Air

Transport Association Live Animals Board, and the transport of live

wild birds.

23. Implementation of Article XIV, Paragraphs 4 and 5

Support adoption of the resolution submitted by the United States,

which deals with the implementation of Article XIV, paragraphs 4 and 5

of the Convention. The U.S. goal in submitting this resolution is to

clarify how an Appendix II listing could be implemented expeditiously

for a marine species whose management is under the competency of a pre-

existing treaty.

The provisions of CITES apply to all species of wild fauna and

flora, including marine species. The management of many marine species

comes under the jurisdiction or competence of another international

treaty, convention, or agreement. International trade in any species of

marine fauna or flora is also within the purview and competence of

CITES. Therefore, even if a marine species is subject to management

under another international treaty, convention, or agreement, if it is

listed in any CITES Appendix, international trade and introduction from

the sea in the species is regulated by CITES.

CITES made preparation for such situations when the treaty was

written. Article XIV, paragraph 4, of the Convention provides that a

State party to CITES, which is also a party to any other treaty,

convention, or international agreement which was in force at the time

of the coming into force of CITES and under the provisions of which

protection is afforded to marine species included in Appendix II, is

relieved of the obligations imposed on it under CITES with respect to

trade in specimens included in Appendix II that are taken by ships

registered in that State and in accordance with the provisions of such

other treaty, convention, or international agreement.

This relief from CITES obligations does not apply to specimens of

species included in Appendix I. For example, several whale species are

managed under the competence of the International Convention for the

Regulation of Whaling, but all those species are listed in Appendix I.

Currently no marine species whose management is under the

competence of another treaty, convention, or agreement is listed in

Appendix II. Therefore, this provision of the Convention in Article XIV

has never been used, and standards for its implementation have not been

developed. The United States has determined that it would be wise to

plan for the need to implement Article XIV, by specifying requirements

for certificates issued pursuant to Article XIV, paragraph 5, of the

Convention, even if its use is not necessary at this time. The Service

notes that Appendix II allows for international commercial trade. The

resolution provides for the utilization as a valid certificate under

Article XIV, paragraph 5, of a certificate of origin or statistical

document issued on the authority of the other treaty, convention, or

international agreement, with certain stipulations of minimum

information and validation as required by CITES.

Such certificates are only an option for CITES Parties that are

also parties to the other treaty, convention, or agreement.

24. Disposal of Confiscated Live Animals

No document has been received from the CITES Secretariat yet.

This issue was discussed at the Animals Committee, and the Service

believes that the Animals Committee prepared a draft resolution that

will be discussed at COP9. The Service has not yet received the final

draft resolution prepared by the Animals Committee. However, the

Service is supportive of uniform guidelines for the Parties on how to

deal with confiscated live animals, that will benefit both the welfare

of the individual animals and the conservation of their species in the

wild. The Service is supportive of such guidelines, consistent with

U.S. law. The Service is concerned about the risk of introduction of

disease to wild populations from confiscated live animals being

considered for reintroduction programs. The Service believes that

transport and handling concerns for live animals should be coordinated

with the Working Group on the Transport of Live Animals.

Interest in what Parties should do with confiscated specimens,

particularly live animals, goes back to the drafting of the Convention.

The re-export of Appendix II specimens does not require a Scientific

Authority finding. The Parties have spoken quite clearly on the issue

of return of confiscated specimens to the country of origin, when

feasible.

25. Disposal of Skins of Illegal Origin

No document has been received from the CITES Secretariat yet; no

position is possible at this time.

26. New Criteria for Amendment of Appendices I and II

See Doc. 9.41--New Criteria for Amendment of Appendices I and II.

Support adoption of the alternative Annexes submitted by the United

States on this issue, rather than those prepared by the Standing

Committee (as pertain to Annexes 1 and 2 of the draft resolution). The

United States basically supports the other annexes of the Standing

Committee resolution.

The existing CITES listing criteria, known as the ``Berne

Criteria'' (Resolutions Conf. 1.1 and 1.2) were developed at the first

CITES Conference in 1976 in Berne, Switzerland. The United States

agrees that the Convention will be strengthened by reevaluating the

Berne Criteria for listing species in the Appendices, and that the

Berne Criteria need to be reviewed and adapted to address a broader

array of taxa and to be more descriptive and definitive, to the extent

possible. At the same time, the United States notes that an inherent

strength of CITES, which must be safeguarded, is its ability to seek

balanced conservation-based solutions for a broad range of species and

populations being considered. Thus, if any revision of the Berne

Criteria is to be adopted at COP9, the United States is supportive of

retaining maximal flexibility while firmly maintaining scientific

credibility.

The move to revise the Berne Criteria originated at the 1992 CITES

Conference, in Japan (COP8). At COP8 the Parties agreed to start a

process, coordinated by the Standing Committee, to develop a

scientifically sound revision for consideration at COP9 in 1994. The

World Conservation Union (IUCN) was asked to do a first draft, which

would first be reviewed at a joint meeting of the Standing, Animals and

Plants Committees, and put into CITES resolution form. The United

States participated in a joint meeting of the Standing, Animals, and

Plants Committees in Brussels in August-September 1993, which reviewed

the IUCN draft and produced a draft resolution that was circulated to

the Parties.

The Service submitted comments to the Standing Committee, after

consultation with other Federal agencies and reviewing extensive public

comments received. The U.S. comments maintained that much of the draft

resolution was not valid scientifically, and was not acceptable from

management or practical perspectives. The United States believed that

the criteria as proposed met neither the CITES treaty's requirements

for the conservation of species in their ecosystems, nor the diverse

needs of the CITES Parties. The U.S. comments and those of other

Parties were discussed at the 31st meeting of the Standing Committee,

in Geneva in March 1994. Some of the U.S. comments were taken into

consideration in developing the final Standing Committee draft

resolution. The Standing Committee resolution was not available to the

United States or other CITES Parties until after the June 10 deadline

for submission of resolutions and proposals to the CITES Secretariat.

The Standing Committee resolution contains six annexes, several of

which the United States looks forward to discussing further with the

CITES Parties at COP9. In particular, the United States believes the

Standing Committee draft is an improvement on the Berne Criteria as

regards precautionary measures. However, the United States believes

that Annex 1 (Biological criteria for Appendix I) and Annex 2 (Criteria

for inclusion of species in Appendix II) are in need of major revision,

particularly from a scientific perspective. The United States is

particularly concerned about the utility and scientific validity of

arbitrary numerical cutoffs for decision-making on which Appendix a

species should be included in. After detailed review of the scientific

literature and consultation with other Federal agencies, the United

States has submitted alternatives to those Annexes to the Secretariat,

along with some additional material for inclusion in the resolution.

The U.S. intent is to urge the CITES Parties to substitute the Annexes

1 and 2 it submitted for those prepared by the Standing Committee.

The United States could have waited to present these alternative

Annexes 1 and 2 at COP9. However, the United States preferred to

provide ample time to Parties to review this proposed alternative to

the document submitted to the Parties by the Standing Committee. The

United States believes that increased flexibility must be included in

any revised listing criteria.

The biological criteria submitted by the United States for

inclusion of species in Appendix I (Annex 1) are grounded in the

scientific literature, and are based on the concept that determination

of whether a species is threatened with extinction should be risk

averse, utilizing the best available scientific and trade information,

and assessment of a series of biological factors and criteria. The

proposed Annex 1 lists a series of interdependent factors to be

included in an assessment of the status of a species, and thereby the

determination that it is threatened with extinction. The criteria for

inclusion of species in Annex 2 (in accordance with Article II

paragraph 2(a)) of the Convention involve a determination of whether a

species may become threatened with extinction, in order to avoid

utilization incompatible with its survival.

The Service received numerous comments recommending that the United

States submit an alternative to the Standing Committee draft

resolution. Several comments provided detailed analyses of the IUCN

submission to the Secretariat, and of the resolution submitted to the

Parties prior to the 31st meeting of the Standing Committee. These

comments were taken into consideration by the Service and other Federal

agencies.

27. Inclusion of Species in Appendix III

No document has been received from the CITES Secretariat yet.

However, the Service is aware that a resolution on this issue has been

prepared by the Animals Committee. The Service is supportive of urging

of more judicious use of Appendix III, including recommending direct

consultation with the Animals or Plants Committee and a review of

existing Appendix III listings.

The CITES Secretariat has been working to screen Appendix III

proposals and consult with the submitting Party.

28. Guidelines for Evaluating Marine Turtle Ranching Proposals

No document has been received from the CITES Secretariat yet.

However, the United States participated in a working group at the ninth

meeting of the Animals Committee in Brussels in September, 1993 which

developed draft guidelines for recommendation to the Animals Committee

on this issue. The ninth meeting of the Animals Committee adopted a

requirement for ``regional management on the basis of genetically

defined populations''. The United States strongly supported that

element, which may have been removed by a subsequent meeting of the

Animals Committee. The United States remains supportive of regional

cooperation in the management of such widely migratory endangered

species as marine turtles.

29. Proposals To Register the First Commercial Captive-breeding

Operation for an Appendix I Animal Species

No document has been received from the CITES Secretariat yet.

30. Standard Nomenclature

Support adoption of the resolution submitted by the United States,

which was submitted at the request of the Nomenclature Committee.

This resolution was submitted at the request of the CITES

Nomenclature Committee, and deals with nomenclature and taxonomy of

CITES species. The resolution submitted was discussed and agreed upon

by the Nomenclature Committee at its May, 1994 meeting in Beijing,

China. The names of the genera and species of several families are in

need of standardization and the current lack of a standard reference

with adequate information creates an implementation problem for some

species. The United States also recognizes that the taxonomy used in

the appendices to the Convention will be most useful to the Parties if

standardized and correlated by nomenclatorial references.

This resolution makes several recommendations dealing with the

inclusion of subspecies in the Appendices, use of references in

proposals, synonyms, and the role of the Scientific Authorities in

nomenclature issues. The resolution also recommends several standard

references for species listed in the CITES Appendices, for mammals,

birds, amphibians, cacti, cycads, tree ferns, and other plants.

XV. Consideration of Proposals for Amendment of Appendices I and II

See the Federal Register notice published on September 6, 1994 (59

FR 46023), which sets forth summaries of the proposed U.S. negotiating

positions on the proposals for amendment to the CITES Appendices for

COP9 and requests information and comments from the public on these

proposed U.S. positions.

XVI. Conclusion of the meeting

1. Determination of the Time and Venue of the Next Regular Meeting of

the Conference of the Parties

No documents have been received indicating requests from possible

host governments. Favor holding COP10 in a country where all Parties

will be admitted without political difficulties. Support the holding of

COPs on a biennial basis, or, as in the case of COP9, after an interval

of two and one half years.

COP meetings energize governmental and nongovernmental

organizations concerned with CITES issues to examine its

implementation, and the conservation of affected species. The United

States recognizes that the financial burdens of hosting a Conference of

the Parties may serve to discourage developing countries from offering

to serve as host, unless innovative ways can be found to provide them

with financial assistance.

Request for Information and Comments

The Service invites information and comments on the proposed

negotiating positions on COP9 agenda items, excluding item XV,

``Consideration of proposals for amendment of Appendices I and II,''

which is the subject of a separate Federal Register notice. Information

and comments on this present notice should be submitted to the Service

no later than October 19, 1994.

Observers

Article XI, paragraph 7 of the Convention provides that: ``Any body

or agency technically qualified in protection, conservation or

management of wild fauna and flora, in the following categories, which

has informed the Secretariat of its desire to be represented at

meetings of the Conference by observers, shall be admitted unless at

least one-third of the Parties object: (a) International agencies or

bodies, either governmental or non-governmental, and national

governmental agencies and bodies; and (b) national non-governmental

agencies or bodies which have been approved for this purposes by the

State in which they are located. Once admitted, these observers shall

have the right to participate but not to vote.''

Persons wishing to be observers representing national non-

governmental organizations in the United States must receive prior

approval of the U.S. Fish and Wildlife Service. Requests for such

approval should include evidence of technical qualification in

protection, conservation or management of wild fauna or flora, on the

part of both the organization and the individual representative. Such

requests should be sent to the Office of Management Authority (see

ADDRESSES, above). Copies of the letters of approval from the Office of

Management Authority should be used by these organizations to inform

the CITES Secretariat of their wish to send observers to the meeting.

The Secretariat requires such information to be received at least one

month prior to the meeting (October 6, 1994).

Approved observers should send copies of their letters of approval

to the following address: CITES Secretariat, 15 chemin des Anemones,

Case postale 456, CH-1219 Chatelaine-Geneve, Switzerland.

Authors: This notice was prepared by Susan S. Lieberman,

Marshall P. Jones, and Mark Albert, Office of Management Authority,

U.S. Fish and Wildlife Service (703/358-2093).

Dated: September 28, 1994.

Bruce Blanchard,

Acting Director.

[FR Doc. 94-24513 Filed 10-3-94; 8:45 am]

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