Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Tenth Regular Meeting; Provisional Agenda; Proposed Resolutions and Agenda Items Being Considered; Public Meeting

DEPARTMENT OF THE INTERIOR

Conference of the Parties to the Convention on International

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

Meeting; Provisional Agenda; Proposed Resolutions and Agenda Items

Being Considered; Public Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The United States, as a Party to the Convention on

International Trade in Endangered Species of Wild Fauna and Flora

(CITES), may submit proposed resolutions and/or agenda items for

consideration at meetings of the Conference of the Parties to CITES.

The United States may also propose amendments to the CITES Appendices

for consideration at meetings of the Conference of the Parties. The

tenth regular meeting of the Conference of the Parties to CITES (COP10)

will be held in Harare, Zimbabwe, June 9-20, 1997.

With this notice the U.S. Fish and Wildlife Service (Service): (1)

Publishes the provisional agenda for COP10; (2) lists potential

proposed resolutions and/or agenda items that the United States is

considering submitting for discussion at COP10; (3) invites comments

and information from the public on these potential proposals; (4)

announces a public meeting to discuss species proposals and proposed

resolutions and agenda items that it is considering submitting for

discussion at COP10; and (5) provides information on how non-

governmental organizations based in the United States can attend COP10

as observers. A separate, concurrent Federal Register notice invites

comments and information from the public on possible candidate species

for U.S. proposals to amend the CITES Appendices at COP10.

DATES: The public meeting will be held on at October 3, 1996 at 2:00

PM. The Service will consider information and comments from the public

concerning

[[Page 44333]]

items of concern to COP10 received by October 11, 1996.

ADDRESSES: The public meeting will be held in room 200 of the U.S. Fish

and Wildlife Service building at 4401 N. Fairfax Drive, Arlington,

Virginia. Directions to the building can be obtained by contacting the

Office of Management Authority. Comments pertaining to the provisional

agenda or proposed resolutions or agenda items should be sent to the

U.S. Fish and Wildlife Service, Office of Management Authority, Room

430, 4401 N. Fairfax Drive, Arlington, VA 22203. Any comments

pertaining to species amendments should be sent to the Service's Office

of Scientific Authority, Room 750, at the same address. Comments and

materials received will be available for public inspection, by

appointment, from 8 a.m. to 4 p.m., Monday through Friday, at either

the Office of Management Authority or the Office of Scientific

Authority.

FOR FURTHER INFORMATION CONTACT: Dr. Susan Lieberman, U.S. Fish and

Wildlife Service, Office of Management Authority, telephone (703) 358-

2095, fax (703) 358-2280; E-mail ``Susan__L[email protected]''.

SUPPLEMENTARY INFORMATION:

Background

The Convention on International Trade in Endangered Species of Wild

Fauna and Flora, TIAS 8249, hereinafter referred to as CITES, is an

international treaty to regulate international trade in certain animal

and plant species that are threatened with extinction or could become

threatened with extinction if their trade is not regulated, and species

that must be subject to regulation in order that trade in other

currently or potentially threatened species may be brought under

effective control.

These species are listed in Appendices to CITES, copies of which

are available from the Office of Management Authority or the Office of

Scientific Authority at the addresses above. Currently, 132 countries,

including the United States, are CITES Parties. The CITES treaty calls

for biennial meetings of the Conference of the Parties (COP). Those

meetings review the treaty's implementation, make provisions enabling

the CITES Secretariat in Switzerland to carry out its functions,

consider amendments to the list of species in Appendices I and II,

consider reports presented by the Secretariat, and make recommendations

for the improved effectiveness of CITES. Any country that is a Party to

CITES may propose amendments to Appendices I and II, resolutions, and

agenda items for consideration by the other Parties. Only party

countries may submit proposals and resolutions for consideration by the

meeting of the Conference of the Parties. Accredited non-governmental

organizations may participate in the meeting, including speaking during

sessions, but may not vote.

This is the second in a series of Federal Register notices which,

together with announced public meetings, provide an opportunity for the

public to participate in the development of the United States'

negotiating positions for the tenth regular meeting of the Conference

of the Parties to CITES (COP10). The first Federal Register notice was

published on March 1, 1996 (61 FR 8019), and requested information from

the public on potential species amendments, resolutions, and agenda

items for the United States to consider submitting for discussion at

COP10. The Service's regulations governing this public process are

found in Title 50 of the Code of Federal Regulations Secs. 23.31-23.39.

Provisional Agenda for COP10

The CITES Secretariat recently provided the Service with an initial

provisional agenda for COP10, which will be held in Harare, Zimbabwe,

June 9-20, 1997. Zimbabwe was selected as the host of COP10 at COP9,

which was held in Fort Lauderdale, Florida, in November 1994. The CITES

Parties must submit any proposed additional agenda items to the

Secretariat before September 30, 1996. The Secretariat will submit the

provisional Rules of Procedure for COP10 to the CITES Standing

Committee for approval at its next meeting in Rome, Italy, December 2-

6, 1996. After the Standing Committee meeting, the Secretariat will

provide the Parties with the rules of procedure, a revised provisional

agenda, and a provisional working program. Listed below is the initial

provisional agenda for COP10. A brief discussion follows for those

agenda items that may not be self-evident to the public. Additional

information on agenda items or explanations are available from the

Office of Management Authority.

I. Opening ceremony by the Authorities of Zimbabwe

II. Welcoming addresses

III. Rules of Procedure

(a) Voting before credentials have been accepted.

(b) Adoption of the Rules of Procedure.

IV. Election of Chair and Vice-Chair of the meeting and of Chair of

Committees I and II and of the Budget Committee

V. Adoption of the Agenda and Working Programmes

VI. Establishment of the Credentials Committee

VII. Report of the Credentials Committee

The Credentials Committee is made up of Party government

representatives, and examines the credentials of each delegate from

their respective Foreign Ministry, in order to determine eligibility to

vote.

VIII. Admission of Observers

National non-governmental organizations can be admitted as

observers if they are approved by their national government (Parties

only). International non-governmental organizations are approved by the

CITES Secretariat. Criteria for admission of observers are spelled out

in Article XI, paragraph 7 of the Convention (see ``Observers'',

below). Approved observers are admitted as observers unless one-third

of the Parties present object.

IX. Matters Related to the Standing Committee

1. Report of the Chair.

2. Regional representation on the Standing Committee.

Currently, Mexico is the regional representative on the Standing

Committee for North America. In CITES, North America includes the

United States, Mexico, and Canada. Each CITES geographic region meets

during the COP to select which country will be its regional

representative. Based on a decision at COP9, regions with large numbers

of countries have more than one representative on the Standing

Committee. The CITES regions are: North America; South and Central

America and the Caribbean (2 representatives); Europe (2

representatives); Asia (2 representatives); Africa (3 representatives);

and Oceania. The Standing Committee also includes representatives of

the previous host country (currently the United States), the next host

country (currently Zimbabwe), and the Depositary Government

(Switzerland).

3. Election of new regional and alternate regional members.

X. Report of the Secretariat

XI. Financing and Budgeting of the Secretariat and of Meetings of the

Conference of the Parties

1. Financial report for 1994, 1995, and 1996.

[[Page 44334]]

2. Anticipated expenditures for 1997.

3. Budget for 1998-2000 and Medium-term Plan for 1998-2002.

4. External funding.

The Secretariat submits its financial report and budget to the

meeting of the Conference of the Parties for the COP's approval. The

COP may choose to modify the budget. The Secretariat's budget is from a

Trust Fund made up of voluntary contributions from governments, who

contribute based on a U.N. scale. External funding is for projects that

are approved by the Standing Committee, and is paid for through funds

from governments and non-governmental organizations; that funding is

outside of the core Trust Fund budget of the Secretariat.

XII. Committee Reports and Recommendations

1. Animals Committee

(a) Report of the Chairman.

(b) Election of new regional and alternate regional members.

The Chairman (currently Mr. Robert Jenkins of Australia) will

report on the activities of the Animals Committee since COP9. The first

meeting of the Animals Committee after COP9 was held in Antigua,

Guatemala in September, 1995; the second and final meeting before COP10

will be held in Pruhonice, Czech Republic September 23-27, 1996. Copies

of the agenda of both Animals Committee meetings, and of the minutes of

the 1995 meeting, are available from either the Office of Management

Authority or the Office of Scientific Authority. Each of the CITES

regions has either one or two representatives on the Animals Committee,

depending on the number of countries in the region. Based on Resolution

Conf. 6.1 (Annex 2), members of the Animals Committee are individuals

chosen by the party countries within each CITES region. Currently, Dr.

Charles Dauphine of Canada is the North American regional

representative on the Animals Committee.

2. Plants Committee

(a) Report of the Chairman.

(b) Election of new regional and alternate regional members.

The Chairman (currently Dr. James Armstrong of Australia) will

report on the activities of the Plants Committee since COP9. The first

meeting of the Plants Committee after COP9 was held in Tenerife, Spain

in June 1995; the second and final meeting before COP10 will be held in

San Jose, Costa Rica in November, 1996. Copies of the agenda of both

Plants Committee meetings are available from the Office of Scientific

Authority. Each of the CITES regions has either one or two

representatives on the Plants Committee, depending on the number of

countries in the region. Based on Resolution Conf. 6.1 (Annex 3),

members of the Plants Committee are individuals chosen by the party

countries within each CITES region. Currently, Dr. Bruce MacBryde of

the U.S. Fish and Wildlife Service's Office of Scientific Authority is

the North American regional representative on the Plants Committee.

3. Identification Manual Committee

4. Nomenclature Committee

(a) Report of the Chairman.

(b) Recommendations of the Committee.

The Nomenclature Committee is charged with reviewing nomenclature

and taxonomic issues pertaining to species that are listed in the CITES

Appendices. It is also responsible for preparation and adoption of

checklists for the various taxa included in the CITES Appendices. The

Chairman of the Nomenclature Committee is currently Dr. Steven Edwards,

an employee of the International Union for the Conservation of Nature

(IUCN, also called World Conservation Union). The Nomenclature

Committee does not have regional representatives, and meets on an ad

hoc basis.

XIII. Evolution of the Convention

Both of these items refer to efforts that have been undertaken by

the CITES Party governments to improve the effectiveness of the

implementation and administration of the Convention.

1. How to improve the effectiveness of the Convention

Based on a decision of the Parties at COP9 in 1994, a study on ways

to improve the effectiveness of the Convention has been undertaken.

That study is being managed and coordinated by the Standing Committee,

which has the responsibility to conduct a review of the effectiveness

of the provisions and implementation of the Convention, and to report

its findings to the next meeting of the COP. An international

contractor in the United Kingdom, Environmental Resources Management,

has been engaged for this study by the CITES Standing Committee, and

produced a questionnaire for governments to respond to. Public input

from written comments received by the Service was considered in

formulating the United States response to this questionnaire. This

study was discussed in detail in a notice published in the Federal

Register on June 14, 1996 (61 FR 30255). It is expected that the

contractor will submit its report to the Standing Committee prior to

the December 2-6 meeting of the committee; the report and any follow-up

recommendations will be discussed by the Standing Committee at that

time, which will determine what recommendations to make to the COP. The

United States looks forward to meaningful discussion in the report and

at the COP that will lead to improvements in the implementation and

enforcement of the Convention.

2. Relationship between CITES and UNEP

A Working Group was established by the Standing Committee at its

meeting in March, 1996, in response to several concerns that were

raised at that meeting regarding the United Nations Environment

Programme(UNEP). UNEP provides for the administration of the CITES

Secretariat, as spelled out in Article XII of the Convention; that

administrative role includes the CITES Trust Fund, the CITES budget,

and personnel selection issues. The first meeting of the Working Group

was held in Bern, Switzerland on June 27-28, 1996, at the invitation of

the Swiss CITES Management Authority. The countries that are members of

the Working Group were selected by the Standing Committee. Countries

attending the meeting were: Argentina (Chair); Japan; Senegal

(substituting as an alternate for Namibia, whose representative was

unable to attend); Switzerland; and the United States. The Working

Group agreed to discuss financial and personnel issues, based on the

Terms of Reference of the Working Group, which were decided upon by the

Standing Committee; the Terms of Reference are available from the

Office of Management Authority. Financial issues discussed included:

evaluation of the 13 per cent overhead charged by UNEP, externally

funded projects, management of the Trust Fund, and issues pertaining to

the budget of the Secretariat. Personnel issues discussed included UNEP

selection procedures, recent personnel actions pertaining to the posts

of Deputy Secretary General and Enforcement Officer, and related

issues. There was also discussion of the 1992 Memorandum of

Understanding (MOU) between the CITES Parties and UNEP. It was agreed

that while the 1992 MOU is still quite valid, the Working Group would

recommend to the Standing Committee that the MOU be amended/expanded

upon, with a new MOU, which should clearly spell out the various

functions and services provided by UNEP. The Working Group agreed to

submit its report to the Standing Committee by the middle of October.

The report will be available

[[Page 44335]]

from the Office of Management Authority after that time. The United

States is exceedingly interested in ensuring that the administration of

the Secretariat is efficient and well managed. The United States

supports the work of the Working Group and looks forward to developing

a new MOU that will clearly articulate the various roles and

responsibilities of UNEP in its administration of CITES.

XIV. Interpretation and Implementation of the Convention

It is expected that draft resolutions will be submitted by one or

more Parties dealing with many of these agenda items. Resolutions can

only be submitted by Parties (or the Secretariat) and must be submitted

to the Secretariat by January 10, 1997. With this notice, the United

States continues the process begun in the Service's notice of March 1,

1996, of receiving input from the public on possible draft resolutions

the United States may submit.

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

(a) Deletion of resolutions that are out of date.

(b) Consolidation of valid resolutions.

This is the continuation of a very useful process that was begun at

COP9, at the request of the Standing Committee. At COP9, the process

was begun to delete resolutions that are out of date, and to

consolidate resolutions that deal with the same topic. This agenda item

will complete the COP9 consolidation process. This does not involve

actual revisions of resolutions, but rather a consolidation to reduce

the number and complexity of resolutions. The Service expects to

receive copies of draft of those consolidations prepared by the

Secretariat just prior to the December meeting of the Standing

Committee. The Secretariat has also produced a compendium of all extant

resolutions from COP1-8. That compendium, the resolutions from COP9,

and information on how to retrieve them electronically, are available

from the Office of Management Authority.

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

Convention

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, exported, and re-exported. This agenda item will include a

summary from the Secretariat of those countries that have submitted

their annual reports in a timely fashion, as well as those that have

not, or have not submitted them at all.

3. Review of Alleged Infractions and Other Problems of

Implementation of the Convention

The Secretariat prepares an Infractions Report for each meeting of

the Conference of the Parties, which details instances where (1)

species listed in the Appendices have been adversely affected by trade,

(2) the Convention is not being effectively implemented, or (3) actions

by Party countries undermine the effectiveness of the Convention. The

Infractions Report also includes summaries of major enforcement cases.

The COP9 Infractions Report highlighted those cases of the most serious

infractions, in order to focus the attention of the Parties; the COP10

Infractions Report is expected to do the same.

4. National Laws for Implementation of the Convention

(a) Analysis of the national legislation of Parties.

(b) Measures taken by Parties to improve their legislation.

(c) Measures to be taken with regard to Parties without proper

legislation.

(d) Technical assistance provided to Parties.

This is a continuation of an important project begun by the Parties

at COP8, reported on at COP9 by the Secretariat, and discussed in

detail at COP9. Resolution Conf. 8.4 (National Laws for Implementation

of the Convention) relates to analysis of national legislation of the

Parties for the implementation of the Convention, as required by

Article VIII of the treaty. A decision of COP9 directed the Secretariat

to engage in a number of activities regarding national legislation and

implementation of this resolution, and to report to COP10 on measures

taken by Parties whose national legislation is determined to not meet

the basic requirements of the Convention. Discussions under this agenda

item will include measures taken by the Parties, status of national

legislation and improvements since COP9, technical assistance provided

and future needs, and measures regarding Parties that have not taken

the required actions. During the comment period one organization

recommended that the Service urge the Parties and Standing Committee to

direct the Secretariat to implement these decisions. The Service

believes that this will take place and that a detailed report will be

presented to the COP by the Secretariat, but will certainly discuss the

issue at the next meeting of the Standing Committee.

5. Exports of Leopard Hunting Trophies and Skins

This refers to the exportation of leopard skins, including hunting

trophies, under a quota system approved by the Conference of the

Parties. The relevant resolutions from prior meetings of the COP are

available on request from the Management Authority. The Secretariat

will provide a report on the implementation of this quota system,

including a country-by-country assessment. Any country wishing a new or

revised quota from the COP will submit supporting documentation. Even

if there is a hunting trophy quota for a given country, the importing

country is still required under Article III of the Convention to make

the required findings, including the finding that the import will be

for purposes not detrimental to the survival of the species.

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

to Annual Export Quotas

This refers to species listed in Appendix I, which have populations

that have been transferred to Appendix II pursuant to annual export

quotas, which are voted upon by the Conference of the Parties. The

Secretariat will provide a report on the implementation and compliance

with these quotas, including country-by-country reports.

7. Trade in Live Rhinoceros From South Africa

At COP9, the Parties adopted a proposal to transfer the population

of white rhinoceros in South Africa from Appendix I to II, with an

annotation that only trade in live animals and sport-hunted trophies

would be allowed. This agenda item will allow South Africa to report on

its implementation of this annotated listing. The United States expects

that trade in sport-hunted trophies of white rhinoceros from South

Africa will also be discussed under this agenda item, and the Service

intends to communicate that understanding to the Secretariat. For

further information on proposals for COP10 concerning live rhinoceros,

see this subject heading in the concurrent Federal Register notice on

proposals to amend Appendix I or II.

8. Trade in Tiger Specimens

This refers to the conservation of tigers (Panthera tigris) and

illegal trade in their parts and products, principally for the

medicinal market, and will also include a discussion of efforts that

have been taken by the Parties to control poaching of tigers, and to

more effectively enforce the Convention's prohibitions on trade in

tiger parts and

[[Page 44336]]

products. The problem was discussed at COP9, and a resolution (Conf.

9.13) was adopted at COP9, which presented several recommendations to

tiger range and consumer States, and directed the Standing Committee to

continue its efforts on this critical issue. The tiger issue has been

discussed at the last several Standing Committee meetings, will be

discussed at the December 2-6, 1996 Standing Committee meeting (SC31),

and is expected to be an issue of particular concern to the Parties and

a subject of discussion at COP10. One organization commented

recommending that the United States ensure that the Standing Committee

and COP fully review this issue; the Service believes that this will

take place. Range and consumer countries have been asked to submit

papers to the next meeting of the Standing Committee as well. Since

COP9, the Service has been actively involved in an educational outreach

program with consumer communities in the United States, and submitted a

paper on these efforts to the March 1996 meeting of the Standing

Committee. In addition, through appropriations under the Rhinoceros and

Tiger Conservation Act, the Service is considering support for several

projects that will benefit the conservation of tigers in the wild. The

Service is also working with the National Fish and Wildlife Foundation

in providing input into its grant making efforts through its Save the

Tiger Fund.

9. Biological and Trade Status of Sharks

At COP9, Resolution Conf. 9.17, concerning the conservation of

sharks, was adopted based on an agenda item submitted by the United

States. The resolution calls for the CITES Animals Committee to review

all information concerning the biological status of sharks and the

effects of international trade on them in order to submit a report to

the Parties at COP10. It also requests that the Food and Agriculture

Organization of the United Nations submit information on these topics

to the COP11. The United States, particularly the National Marine

Fisheries Service (NMFS), is working with other CITES Parties,

intergovernmental fishery management organizations and non-governmental

organizations to assist in implementation of the resolution. Draft

discussion papers on this topic will be discussed at the 13th Meeting

of the Animals Committee in Pruhonice, Czech Republic, in September

1996. It is likely that a draft resolution concerning follow-up of

Conf. 9.17 will be considered at that meeting.

10. Trade in Plant Specimens

This agenda item provides consideration for particular subjects in

the regulation of trade in plant specimens that emerge as needing

particular attention by the Parties.

(a) Implementation of the Convention for timber species.

This will include a discussion of the reports of the Timber Species

Working Group. COP9 called upon the Standing Committee to establish a

Timber Species Working Group to evaluate in detail issues pertaining to

the implementation of CITES for listed species of trees that are

subject to the international timber trade. The United States is a

member of the Working Group, and was represented at the first meeting

by the Animal and Plant Health Inspection Service (APHIS) of the U.S.

Department of Agriculture, the U.S. Forest Service, and the Fish and

Wildlife Service. The report of the first meeting of the Working Group

is available from the Management Authority. The last meeting before

COP10 will be held in Panama City, Panama October 7-11, 1996.

(b) Other Issues.

The Plants Committee will meet in Costa Rica from November 11-15,

1996, and other issues that need particular attention may arise from

that meeting, which could be submitted for COP10 either by Parties or

in certain cases by the Secretariat on behalf of the Committee. The

Service would welcome comments regarding particular regulatory problems

or conservation concerns to bring to that November meeting.

11. Significant Trade in Appendix II Species

This refers to the trade in those Appendix II species identified as

subject to significant levels of trade, for which insufficient

biological information may exist to warrant trade at current levels.

(a) Animals.

The Parties adopted Resolution Conf. 8.9 at COP8 in Kyoto, Japan in

1992, which represented a landmark decision to take positive measures

to encourage the implementation of Article IV of the Convention. That

Article refers to the required findings that exports are not

detrimental to the survival of a species, and other scientific

findings, for Appendix II species. Implementation of this resolution

has been successful for a large number of countries and species,

although much more work needs to be done in terms of field assessments

and development of management plans for heavily traded species. The

Animals and Standing Committees have been very active in implementation

of this resolution. The Secretariat has worked closely with many

countries under the umbrella of this resolution; the United States has

implemented several decisions of the Standing Committee regarding these

issues as well.

(b) Plants.

The Plants Committee is making some progress in reviewing trade in

some trading categories or scientific categories of species within the

higher tax on listings of plants included in Appendix II. Summaries are

given in the reports of the recent meetings of the Committee. An

informal working group of the Committee was charged with preparing a

draft resolution for plants by adapting Resolution Conf. 8.9; this

draft should be available for discussion at the Committee's November

1996 meeting.

12. Non-Commercial Samples of Skins

At previous meetings of the COP, some countries have raised

concerns that when a business person wishes to take samples of skins or

products from one country to another, but does not intend to sell the

samples themselves, the process for obtaining a series of CITES permits

for the same samples is complex and burdensome. The United States

believes that this agenda item will include discussion of ways to

facilitate such movement of samples, without creating loopholes for

illegal trade. The United States supports the discussion of measures

that, while consistent with the terms of CITES, would ease documentary

requirements for exports and re-exports when no sale will take place in

any of the importing countries.

13. Universal Tagging System for the Identification of Crocodilian

Skins

This refers to work by the Animals Committee to institute 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 Parties adopted Resolution Conf.9.22 at COP9, which

clarified the requirements that all crocodilian skins in trade must be

tagged. The Secretariat, in consultation with the Animals Committee, is

responsible for monitoring the implementation of this resolution and

will be submitting a report to the Parties for their consideration at

COP10. We also expect discussion of some possible technical revisions

to the resolution, including a description of the parts tag.

14. Transport of Live Specimens

Issues pertaining to the transport of live specimens, particularly

live animals, have been discussed at every COP. Resolution Conf. 9.23

recommends that all live animals be shipped in

[[Page 44337]]

accordance with the International Air Transport Association (IATA) Live

Animals Regulations, for air transport, or the CITES Guidelines for

other transport. It is also recommended that all permits for live

animals be conditioned upon compliance with these requirements. At

COP9, these issues were transferred to the Animals Committee.

Currently, the Chair of the Animals Committee Working Group on this

issue is Dr. Susan Lieberman of the Service's Office of Management

Authority. This discussion will include a report on implementation of

relevant resolutions pertaining to transport of live animals,

particularly Conf. 9.23, as well as a report on discussions and

recommendations of the Animals Committee.

15. Captive Breeding

At COP9, the Parties directed the Secretariat, working with the

Animals Committee, to prepare a new resolution consolidating the

various extant resolutions dealing with determination whether a

specimen is bred-in-captivity, and dealing with captive breeding for

commercial purposes of Appendix I animals. The Animals Committee, at

its upcoming September meeting in the Czech Republic, will discuss

these issues. The Secretariat is expected to prepare a draft resolution

on these topics. The Service is actively involved in these discussions.

(a) Implementation of Article VII, paragraphs 4 and 5.

This issue will include discussion of when it is appropriate to

utilize the exemptions in either of these two paragraphs, for

individual animals of Appendix I species that are bred in captivity.

The key issues are how to determine whether specimens qualify as bred-

in-captivity, and how to facilitate their trade when appropriate, while

at the same time not increasing opportunities for illegal trade or the

fraudulent representation of wild-caught specimens as captive-bred.

(b) Proposals to register the first commercial captive-breeding

operation for an Appendix I animal species.

Under Conf. 8.15, Parties must submit proposals for inclusion of

operations breeding Appendix I species in captivity for commercial

purposes. The Secretariat maintains a register of those facilities.

Proposals are submitted to the Secretariat, which circulates them to

the Parties. When a Party objects to inclusion of a facility in the

Secretariat's register, and the objection cannot be resolved by the

interested Parties, the proposal is discussed and voted upon by the COP

(if the proponent country so wishes). This agenda item will include

discussion of those proposals.

16. Standard Nomenclature

This agenda item includes a discussion of nomenclature issues

related to listed taxa, and possible adoption of checklists that allow

for uniformity among the Parties.

17. Conservation of Edible-Nest Swiftlets of the Genus Collocalia

At COP9, in response to a proposal that was submitted by the

government of Italy for inclusion of the genus Collocalia in Appendix

II, Resolution Conf. 9.15 was adopted. The resolution called for a

workshop to evaluate the conservation status of these species, and

trade in their nests. The Secretariat notified the Parties in

Notification Number 927 (dated July 30, 1996) that this workshop will

take place November 4-7, 1996, in Indonesia.

18. Trade in African Elephant Ivory

(a) Revision of resolution Conf. 9.16.

(b) Revision of resolution Conf. 7.9.

(c) Stockpiles of ivory.

This agenda item will be greatly influenced by any proposals to

transfer populations of African elephants submitted by the deadline of

January 10, 1997. The Service also notes that there will be a meeting

of African elephant range states in Dakar, Senegal in November, 1996,

organized by IUCN at the request of the African representatives on the

Standing Committee, at which time the range states will discuss all of

these issues. The Service has agreed to provide partial funding for

that meeting. The Service is hopeful that consensus can be reached on a

number of these issues by the range states themselves.

Resolution Conf. 7.9 was adopted by COP7 after the transfer of all

African elephant populations to Appendix I. Conf. 7.9 establishes a

Panel of Experts to evaluate any proposals to transfer a population

back to Appendix II, and includes a number of criteria for the Panel to

evaluate. Based on discussions at COP9 and at subsequent meetings of

the Standing Committee, there will be discussion at COP10 to amend

Conf. 7.9 to expand the Terms of Reference of the Panel of Experts to

allow for discussion of trade in non-ivory products, trade with

specific identified importing countries, and other issues. The Service

believes that much of Conf.7.9 has been made redundant or unnecessary

by the adoption of new listing criteria (Conf.9.24) at COP9, although

the Service recognizes that the enforcement control issues in Conf.7.9

remain highly relevant.

19. Proposals Concerning Export Quotas for Specimens of Appendix I

Species

Under provisions of resolution Conf. 8.10 (Rev.) export quotas were

established for leopards (Panthera pardus) and any changes to these

quotas are to be approved by the Parties. Such changes may be submitted

for consideration at COP10. In addition, proposals to establish quotas

on other species may be submitted for consideration by the Parties

under provisions of Conf. 9.21. Furthermore, the Animals Committee may

submit a document or draft resolution to discuss the management

responsibilities of a Party permitting the sport hunting of Appendix I

species. During the comment period one organization recommended that

the Service seek a formal review of implementation of Resolution Conf.

9.21. Pending the outcome of discussions at the Animals Committee

meeting, the Service will consider this recommendation.

20. Implementation of the Convention in Small Island Developing States

This issue pertains to a decision at COP9 directing the Standing

Committee to reach out to small island developing countries,

particularly in Oceania, to facilitate their accession to CITES,

including missions to those countries. There was discussion at COP9 of

efforts to facilitate regional Management and Scientific Authorities. A

report was presented by the Secretariat at the March 1996 meeting of

the Standing Committee.

21. Criteria for Granting Export Permits in Accordance with Article V,

Paragraph 2

Article V, paragraph 2 contains the provisions for issuance of

export permits for species in Appendix III. Export permits are required

only from those countries that have included the species in Appendix

III; all other exports require the issuance of Certificates of Origin.

Resolution Conf. 9.25 addressed issues pertaining to inclusion of

species in Appendix III.

22. Problem of Hybrids

The Animals Committee discussed at its September 1995 meeting

issues pertaining to implementation of the Convention for hybrids;

these issues have been discussed at previous meetings of the COP for

plants. The Animals Committee will discuss these issues further at its

September 1996 meeting. Resolution Conf. 2.13 makes clear

recommendations to the Parties pertaining to how hybrids are to be

treated under the Convention. Some countries have concerns pertaining

to

[[Page 44338]]

hybrids between Appendix I species and unlisted species. The discussion

at COP10 will be guided by recommendations arising out of the upcoming

Animals Committee meeting. There are several significant enforcement

concerns regarding trade in live animals that are claimed to be

hybrids.

23. Marking of CITES Specimens

The Animals Committee will discuss issues pertaining to marking of

CITES specimens, which later will be discussed at COP10, including:

marking of products from registered facilities that breed Appendix I

animals for commercial purposes; marking of products from ranching

operations; and marking of live animals in trade, including the use of

transponders.

24. Exports of Vicuna Cloth

At COP9, certain populations of the vicuna (Vicugna vicugna) in

Chile and Peru were transferred from Appendix I to II, with an

annotation allowing export only of cloth products, wool sheared from

live animals, and the Peruvian stockpile of 3249 kg extant in November,

1994. Although the Service has received and is now reviewing a petition

to reclassify the species to threatened status under the Endangered

Species Act, the vicuna is currently listed as endangered, which means

its products cannot be imported into the United States. This agenda

item will probably discuss the trade in the Peruvian stockpile, as well

as other issues pertaining to implementation of the COP9 downlisting of

these vicuna populations.

25. Frequent Cross-Border Movements of Privately Owned Animals

This issue pertains to non-commercial imports/exports of live

animals that comprise travelling exhibitions or personal pets. The

United States is aware that the governments of Switzerland, Germany,

and Australia are engaged in dialogue on this issue, in order to

develop a practical solution to some implementation problems that have

arisen. The discussion will be limited to cases where live animals are

exported (or re-exported) temporarily, for non-commercial purposes, by

their owner, with the intent of returning to the country from which

they were exported (or re-exported).

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

Proposals for amendment of Appendices I and II can only be

submitted by Parties, and must be submitted to the Secretariat by

January 10, 1997. A separate, concurrent Federal Register notice

invites comments and information from the public on possible candidate

species for U.S. proposals to amend CITES Appendices I and II at COP10.

1. Proposals Submitted Pursuant to Resolution on Ranching

The Parties will consider proposals to transfer species from

Appendix I to Appendix II under the provisions of Conf. 3.15, 5.16,

6.22 and Conf. 8.22. Any such proposals should have been submitted to

the Secretariat 330 days prior to the meeting of the COP.

2. Proposals Resulting from Reviews by the Animals and Plants

Committees

Resolution Conf. 3.20 established a process (known as the 10-year

review) for the periodic review of species included in Appendices I and

II. Conf. 6.1 reassigned this responsibility for the periodic review of

species included in the appendices to the Animals Committee. Proposals

for the transfer of species between, or removal from, the appendices

may be considered under this agenda item.

3. Proposals Concerning Export Quotas for Specimens of Appendix I

Species

Resolution Conf. 9.24, the new listing criteria resolution,

contains provisions for transferring species from Appendix I to II with

export quotas approved by the Parties. Proposals, if submitted under

the provisions of these resolutions, will be considered at COP10.

4. Other Proposals

Any Party may submit proposals for the addition or deletion of

species to/from an appendix or transfer between appendices. These

proposals will be considered by the Parties at COP10. The United States

has identified those proposals on species that it is considering

submitting for consideration of the Parties in a separate Federal

Register notice. These proposals must be submitted to the CITES

Secretariat 150 days prior to the meeting of the COP, and any proposals

submitted by other countries will be identified in a Federal Register

notice after the submission date. All such proposals will be considered

at the COP unless withdrawn by the submitting Party or Parties.

XVI. Conclusion of the meeting

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

the Conference of the Parties

If more than one country offers to host the next meeting of the

Conference of the Parties (COP11), to take place probably in late 1999

or early 2000, a vote will be taken. If a vote is necessary, the

country that receives the most votes (through a secret ballot) will be

the host of COP11.

2. Closing Remarks

Proposed Resolutions and/or Agenda Items that the Service Might

Submit for Consideration at COP10

In its Federal Register notice published on March 1, 1996 (61 FR

8019), the Service requested suggestions from the public on resolutions

and/or agenda items for the United States to consider submitting for

discussion at COP10. Suggested resolutions and/or agenda items were

received from the following organizations or individuals: Animal

Welfare Institute, Center for International Environmental Law,

Defenders of Wildlife, Environmental Investigation Agency, Georgia

Department of Natural Resources, Humane Society of the United States,

International Wildlife Coalition, New York Turtle and Tortoise Society,

World Wildlife Fund, and Delia and Mark Owens.

The Service considered all of those suggestions in compiling the

following list of possible resolutions and/or agenda items that the

Service might submit for consideration of the Parties at COP10

(comments referred to below were in response to this March 1, 1996

Federal Register notice). The Service welcomes comments and information

regarding these resolutions that it may submit, as well as on those

resolutions it is not currently planning to submit.

1. Trade in Appendix I Specimens

On April 24, 1996, the CITES Secretariat raised concerns

(Notification 913) regarding the inconsistent treatment of Appendix I

specimens. Article III of the treaty contains the provisions for

issuance of export and import permits for Appendix I specimens, while

Article VII (paragraphs 4 and 5) provides exceptions for specimens

bred-in-captivity for commercial and non-commercial purposes,

respectively. The CITES Secretariat is drafting a comprehensive

resolution which will address both the issues raised in paragraphs 12

and 13 of this notice (general bred-in-captivity determinations and

breeding of Appendix-I species in captivity for commercial purposes)

and implementation of Article III for captive-born specimens that do

not qualify as captive-bred under Conf. 2.12 (Rev.). The Service has

provided a draft resolution to the Secretariat, which clarifies this

issue, but will defer a

[[Page 44339]]

decision on whether to propose a separate resolution based on

continuing dialogue with the Secretariat and other Parties and comments

received from the public.

2. Personal Effects

Resolutions Conf. 4.12 (Rev.) (Control of Tourist Souvenir

Specimens) and Conf. 6.8 (Implementation of the Convention with Regard

to Personal and Household Effects) make recommendations to the Parties

on how to implement the exemption in Article VII of the treaty for

certain personal effects. Travellers experience some problems because

the United States recognizes the personal effects exemption under

Article VII, paragraph 3 of the treaty, while other countries either do

not recognize it or implement it differently. This also causes problems

for implementation of CITES at ports of entry. The personal effects

exemption only applies if the country of export does not require a

permit, and port inspectors of importing countries do not have a quick

way of determining which countries require permits for personal items.

The Service is considering submitting a draft resolution, and is

considering practical, yet enforceable, provisions to be included in

such a resolution. The government of Australia has been working on such

a document and the United States may co-sponsor it, thus precluding the

need to submit a separate resolution.

3. Circuses

Resolution Conf. 8.16 (Travelling Live-Animal Exhibitions) makes

recommendations to the Parties on the implementation of Article VII,

paragraph 7, of the treaty. There are a few technical issues in that

resolution, such as the requirement of a separate certificate for each

specimen, that the Service would like to review. The Service also

recognizes that circuses would like to include captive-born, late

maturing species (e.g., Asian elephants) that do not yet qualify as

captive-bred under Conf. 2.12 (Rev.) under these provisions. The

Service is considering drafting a discussion paper or resolution for

consideration at COP10 on these issues, depending on the outcome of

discussions with other countries and comments received.

4. Standardization of Permits

Resolution Conf. 9.3 recommends that all Parties use standard

formatting and information when issuing CITES documents. The Service

has found that some CITES Parties are interpreting some sections of the

resolution differently which creates problems in implementing the

Convention. The Service proposes to reorganize the document and clarify

specific provisions, such as redefining the source code ``F''.

Clarification is also needed on the standard information required to be

on a Certificate of Origin for Appendix III specimens. The Service is

discussing these recommendations with the Secretariat, and it is

possible that the Secretariat will include them in their

recommendations to the Parties, thus possibly precluding the need for a

separate U.S. draft resolution. In addition, during the comment period

one organization recommended that the Service clarify the relationship

of CITES' permitting provisions with those of other conventions

relating to marine species, as regards paragraphs 4 and 5 of Article

XIV. The Service submitted a document and draft resolution on this

issue to COP9 (Doc.9.40), but many Parties did not see the necessity

for a separate resolution on the issue. The Service is not considering

a separate draft resolution at this time, but may incorporate a

discussion of general certificate requirements into this potential

revision of Conf. 9.3.

5. Trade in Live Animals and Plants That Have a High Probability of

Becoming Naturalized/Feral Pests

The intentional or accidental introduction of non-indigenous

species into terrestrial, aquatic and marine environments may pose

significant threats to native species and their ecosystems. They may

out-compete indigenous species or may introduce and transmit parasites

and disease. Many species that are included in CITES Appendices II and

III are either pests in their country of origin, or have a high

potential of becoming naturalized pests in countries of import. The

Convention on Biological Diversity has begun to examine the

introduction of exotic species, particularly in the marine environment.

A scientific conference on this topic was just held in Norway, attended

by representatives of the Service and other agencies. The Service

recognizes that there are many cases where commercial export of live

specimens may not be detrimental to the populations of the species in

its country of origin, but if introduced unintentionally into the wild

in the country of import serious ecological harm could ensue. The

Service recognizes that the consideration of ecological impacts in

importing countries is not a CITES requirement in the strict sense.

However, some of the IUCN Specialist Groups have recently focussed on

this critical conservation issue, and during the comment period five

organizations recommended that the Service submit a draft resolution to

COP10 on this issue. The Service is considering submitting a discussion

paper on this subject at COP10.

6. Pre-Convention

Article VII, paragraph 2 of the Convention provides an exemption

from Articles III, IV and V for specimens that were acquired before the

provisions of the Convention applied. The Service has become aware,

through discussions with many countries and with the Secretariat, that

confusion exists as to the implementation of Resolution Conf. 5.11

(Definition of the Term ``Pre-Convention Specimen''). Currently, in

order to determine the date of reference for a pre-Convention specimen,

a Party must factor in the date it acceded to the Convention. The

result is that the same specimen will be considered pre-Convention by

one country, but subject to the provisions of the Convention under

Articles III, IV, or V by another. This confusion and potential

inconsistencies create opportunities for the laundering of specimens.

This has led to further confusion as the number of Parties has

increased, and the number of possible accession dates has proliferated.

The Service is considering submitting a draft resolution whereby the

pre-Convention date would be the date the species was first included in

the CITES Appendices, regardless of the date of accession of the Party

concerned.

7. Significant Mortality/Transport of Live Animals

This issue was also discussed under Agenda item 14, above. Dr.

Susan Lieberman of the Service's Office of Management Authority is

currently Chair of the Animals Committee Working Group on the Transport

of Live Animals. At its upcoming meeting, the Animals Committee will be

discussing the implementation of the treaty's requirements for humane

transport of live animals, along with Resolution Conf. 9.23 (Transport

of Live Specimens). Based on decisions of the Working Group and

recommendations to the Animals Committee at the last meeting of the

Committee, the Chair of the Animals Committee requested the submission

of a resolution dealing with these issues. That draft resolution will

be discussed at the September meeting of the Animals Committee; it

deals with means to assist the Parties in implementing the treaty's

requirements for the transport of live animals, by working towards a

reduction in mortality and morbidity during transport and preparation

for shipment. The draft resolution deals with a process whereby the

Animals

[[Page 44340]]

Committee, in cooperation with the Parties, the Secretariat, and

experts, would review trade and transport in species that are traded in

large volumes as live animals, and make recommendations to the Parties

for remedial measures, when necessary. This would be similar to the

process implemented through Resolution Conf. 8.9. The Service's

submission for COP10 on this issue is pending further discussions by

the Animals Committee. During the comment period five organizations

recommended that the Service submit a draft resolution to COP10 on this

issue, and submitted draft text as well.

8. Trade With Parties That Have Not Identified a Scientific Authority

Articles III and IV of the CITES treaty require specific advice to

be issued by the Scientific Authority before certain permits can be

issued by the Management Authority. Properly made findings are

essential to ensuring that the trade in specimens of listed species are

not detrimental to the survival of the species. In order for other

Parties to have assurance that these findings are being made and to

consult with Parties on specific findings, it is essential that the

Scientific Authorities have been designated and are known to all

Parties. If this treaty obligation is not fulfilled by a Party, there

is no way to assure other Parties that CITES permits issued by that

Party are valid. Therefore, the United States is considering submitting

a resolution that would recommend against allowing any wildlife trade

with any Party that has not notified the Secretariat of the name and

address of its Scientific Authority(s).

9. Coral Reporting and Identification

CITES Notification to the Parties No.788 dated March 10, 1994 lays

out the guidelines for reporting of information in the annual report.

The Service is considering submitting a resolution to expand the

required description and quantity for coral to include live coral

reported in units or pieces. In addition, the Service is experiencing

difficulties in identification to species of readily recognizable coral

gravel and live rock. Both commodities are protected by CITES, but

identification to species is almost impossible, even by trained

scientists. The Service is considering recommending that coral gravel

and live rock be allowed to be classified at the Order level for permit

issuance due to identification and enforcement problems.

10. Regulation of CITES Shipments Traveling on a Customs Carnet

CITES shipments for exhibition or show that are not intended for

permanent destination into a country often travel on a customs carnet

to alleviate customs duties. Customs laws treat import and subsequent

re-export of these types of shipments differently from other CITES

shipments. Shipments often enter a country on a customs carnet without

the knowledge of the Management Authority, and are subsequently re-

exported without the required CITES documentation. These shipments

encounter problems when they are re-exported back to their originating

country without any CITES re-export documents. The Service would like

to propose a resolution that encourages Management Authorities to work

more closely with CITES enforcement officers and customs officers to

ensure that shipments traveling on a customs carnet meet all the

applicable CITES requirements.

11. Crocodile Tagging

Resolution Conf. 9.22 established a universal system for the

identification of crocodilian skins. The Secretariat, in consultation

with the Animals Committee, is responsible for monitoring the

implementation of this resolution. The United States, after

consultation with the Animals Committee and the Secretariat, is

considering submitting a resolution to clarify some points in the

resolution, including a description of the parts tag. One organization

(a State Natural Resources Department) recommended a similar tagging

system for snake skins. The Service is not considering proposing such a

resolution at this time, but welcomes comments as to the feasibility of

and necessity for such a requirement.

12. Bred in Captivity

CITES Resolution Conf. 2.12 (Rev.) provides criteria for certifying

specimens as bred in captivity for the exemptions provided for in

Article VII, paragraphs 4 and 5. Whereas the CITES Secretariat has been

directed to develop a new resolution that would replace Conf. 2.12

(Rev.) by consolidating it with Conf. 8.15 and Conf. 8.22 (also dealing

with animals bred in captivity), the Service is considering submission

of a revised resolution that would retain the basic elements of Conf.

2.12 (Rev.) but add clarifying definitions and examples. However, the

Service will defer a decision on whether to propose such a resolution

until further discussion of this topic by the Animals Committee at its

September meeting.

13. Breeding Appendix-I Species in Captivity for Commercial Purposes

Operations breeding Appendix-I species in captivity for commercial

purposes must be registered with the CITES Secretariat according to the

procedures established in Resolution Conf. 8.15. Once an operation is

registered for a given Appendix-I species, specimens of that species

produced at that operation (including parts and derivatives thereof)

may be deemed to be specimens of an Appendix-II species and are subject

to the permitting requirements of Article IV. While the CITES

Secretariat has been directed to prepare a new resolution consolidating

extant resolutions dealing with animal specimens bred in captivity,

including Appendix-I species bred for commercial purposes, the Service

is considering proposing a revised version of Conf. 8.15 in which

inconsistencies in the present resolution would be corrected and a few

information requirements deleted. Before proceeding with such a

proposed resolution, the Service will wait until after discussion of

this topic by the Animals Committee at its September meeting to

determine if such a resolution may be needed.

14. Illegal Trade in Whale Meat

In support of the prohibition by the International Whaling

Commission (IWC) of commercial whaling for various whale species, all

species of the great whales are listed in Appendix I of CITES. Since

1980, a number of illegal shipments of whale meat have been stopped or

seized by several government authorities. A resolution was adopted by

the Parties at COP9, which calls for further cooperation between CITES

and the IWC in order to stop illegal international trade in whale

products. Analogous resolutions were adopted by the IWC in 1995 and

1996. The United States may submit a resolution at COP10 urging

continued cooperation between CITES and the IWC with regard to halting

the illegal trade in whale products. During the comment period one

organization recommended that the Service raise this issue at both the

next meeting of the Standing Committee and the COP. It is on the agenda

of both the COP and the Standing Committee, was the focus of a recent

Notification to the Parties, and certainly will receive significant

attention.

Resolutions That the Service May Not Submit for Consideration at

COP10

There were a number of recommendations submitted to the Service as

suggested resolutions or agenda items for consideration at COP10

[[Page 44341]]

that the Service is either not considering submitting at this time, or

the Service will address in ways other than through a draft resolution.

Some of these are excellent suggestions, which are precluded by higher

priorities. The Service notes that the agenda for COP10 is already

extremely full, and that many issues will be addressed in either the

Animals or Plants Committees, or may be addressed in other ways at

COP10. The Service welcomes information on these issues, including an

assessment of whether they should be given a higher priority by the

Service than other issues. There are some issues that the Service may

consider submitting documents on, depending on the outcome of

discussions in the Animals, Plants, and Standing Committees.

1. Appendix I tourist items at airports: The Service received

comments from six organizations recommending a resolution dealing with

the sale of Appendix I products in airports and duty-free zones. The

suggested resolution would deal with this important enforcement

problem, whereby many international airports continue to sell tourist

souvenirs of Appendix I specimens, in spite of the fact that they

cannot be legally exported or imported by the traveller. The Service

agrees that Parties should be more vigilant, and such sales are a

conservation concern. However, the Service believes at this time this

issue can be addressed directly by the Secretariat through its ongoing

educational efforts.

2. Bear parts trade: The Service received comments from six

organizations recommending submission of a draft resolution regarding

illegal trade in parts and products of Appendix I bear species. The

Service agrees that this is a very high priority issue. At the request

of the United States, this issue is on the agenda of both the Animals

Committee and the Standing Committee. The Service may submit a

discussion paper to the Animals Committee, and based on the outcome of

discussions in both Committees will assess whether or not a discussion

paper should be submitted to COP10. More appropriately, the Secretariat

may be asked by either Committee to prepare a discussion paper for

COP10.

3. Enforcement: Five organizations submitted comments recommending

that the United States submit a resolution on enforcement. The Service

agrees with all of the recommendations to the Parties suggested by

these organizations, but believes that they are adequately covered by

other resolutions, including Resolution Conf. 9.8, as well as by

efforts of the Secretariat. One organization raised valid concerns

about the unfortunate delay in selection of the Secretariat Enforcement

Officer. The Service has expressed these concerns through the Standing

Committee, as well as in other fora. One organization submitted a draft

resolution recommending coordination between Customs and other

enforcement agencies, development of national legislation, training,

and other measures designed to enforce the Convention. The Service

agrees that enforcement by Parties and international cooperation in

enforcement are the highest priorities necessary to increase the

effectiveness of the Convention, but does not believe that a new

resolution is necessary at this time. The Service welcomes comments and

information on this issue, and may develop such a resolution for

submission to COP10.

4. Criteria for Sustainability: Two organizations recommended that

the United States develop criteria for assessing the sustainability of

international commercial trade in wild fauna and flora. The Service

considers this to be an excellent idea, but current time availability

and personnel and other resources available to the Service preclude the

implementation of such a project. The Service does note that it

recently published a final rule which established criteria for

evaluation of sustainable use management plans for wild birds subject

to international trade, which has direct bearing on this issue. The

Service agrees that such practical criteria could assist Parties in

making their required non-detriment findings under Article IV, and

would be very useful for the Parties, and welcomes any comments or

suggestions on this concept.

5. Relationship between CITES, the General Agreement on Tariffs and

Trade (GATT), and the World Trade Organization (WTO): One organization

submitted comments recommending that the United States submit a

resolution establishing the primacy of CITES over the GATT and WTO

rules. The Service believes that this is already the case, and

therefore a draft resolution is unnecessary. The Service welcomes

comments on this issue however.

Announcement of Public Meeting

In order to discuss with the public species proposals and proposed

resolutions and/or agenda items that it is considering submitting for

discussion at COP10, the Service announces that it will hold a public

meeting on October 3, 1996, from 2:00 to 4:00 P.M. in room 200 of the

U.S. Fish and Wildlife Service building in Arlington, Virginia, at 4401

N. Fairfax Drive. Persons wishing directions to the public meeting or

additional information should contact the Office of Management

Authority in writing (see ADDRESSES, above) or at (703) 358-2095.

Request for Information and Comments

The Service invites comments and information from the public on the

COP10 possible agenda items discussed above, and COP10 potential

proposed resolutions and/or agenda items discussed above. Information

and comments should be submitted to the Service no later than October

11, 1996 to be ensured of consideration.

Observers

Article XI, paragraph 7 of the Convention states:

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 present 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 these 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 U.S. national non-

governmental organizations must receive prior approval of the Service.

International organizations (which must have offices in more than one

country) may request approval directly from the Secretariat. After

granting of that approval, a national non-governmental organization is

eligible to register with the CITES Secretariat and must register with

the Secretariat prior to the COP in order to participate in the COP as

an observer. Individuals that are not affiliated with an organization

may not register as observers. Requests for such approval should

include evidence of technical qualification in protection, conservation

or management of wild fauna and/or flora, on the part of both the

organization and the individual representative(s). Organizations

previously approved by the Service must submit a request but do not

need to provide as detailed information concerning their qualifications

as those seeking approval for the first time. Organizations seeking

approval for the first time should detail their experience

[[Page 44342]]

in the protection, conservation, or management of wild fauna and/or

flora, as well as their purposes for wishing to participate in the COP

as an observer. Such requests should be sent to the Office of

Management Authority (OMA; see ADDRESSES, above) or submitted to OMA

electronically via E-mail to: Mark__A[email protected]. Upon approval

by OMA, an organization will receive instructions for registration with

the CITES Secretariat in Switzerland, including relevant travel and

hotel information. Any organization requesting approval for observer

status at COP10 will be added to the Service's CITES Mailing List if it

is not already included, and will receive copies of all future Federal

Register notices and other information pertaining to COP10. A list of

organizations approved for observer status at COP10 will be available

from OMA just prior to the start of COP10.

Future Actions

COP10 is scheduled for June 9-20, 1997, in Harare, Zimbabwe. Any

proposals to amend Appendix I or II at COP10 and any proposed

resolutions for discussion at COP10 must be submitted by the United

States to the CITES Secretariat at least 150 days prior to the meeting

(January 10, 1997). Therefore, as part of the consultation process with

countries within which the proposed species occur, the Service plans to

send any such proposals for species not endemic to the United States to

those countries for comment by mid-October 1996 and to the Secretariat

by January 10, 1997.

The Service plans to publish a Federal Register notice in February

1997 to announce the Service's decisions on species proposals and

proposed resolutions that are submitted by the United States to the

CITES Secretariat. Through a series of additional notices in advance of

COP10, the Service will inform the public about preliminary and final

negotiating positions on resolutions and amendments to the Appendices

proposed by other Parties for consideration at COP10. The Service will

also publish an announcement of a public meeting to be held in April

1997 to receive public input on its proposed negotiating positions for

COP10.

Author: This notice was prepared by Dr. Susan Lieberman, Office

of Management Authority, under the authority of the U.S. Endangered

Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

List of Subjects in 50 CFR Part 23

Endangered and threatened species, Exports, Imports, Treaties.

Dated: August 22, 1996.

Jay L. Gerst,

Acting Director.

[FR Doc. 96-21975 Filed 8-27-96; 8:45 am]

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