Federal Register/Vol. 63, No. 218/Thursday

63210 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations or otherwise protectible under Title 17 RSPA received five comments, DEPARTMENT OF THE INTERIOR of the United States Code. including one from API. Four of five * * * * * commenters expressed that terminal/ Fish and Wildlife Service tank farm piping should be exempt from [FR Doc. 98–30265 Filed 11–10–98; 8:45 am] 50 CFR Part 23 BILLING CODE 7510±01±P testing requirements because they are designed and operated so that stress RIN1018±AE16 level can never exceed 20% SMYS, Changes in the List of Species in DEPARTMENT OF TRANSPORTATION therefore, there is low possibility of failure. Commenters also argued that Appendices to the Convention on Research and Special Programs compliance would be a difficult task International Trade in Endangered Administration because of many fittings, valves, tanks, Species of Wild Fauna and Flora and instrumentation. Commenters also AGENCY: Fish and Wildlife Service, 49 CFR Part 195 suggested that the benefit would be Interior. [Docket No. PS±121; Notice±5] questionable, but the costs would be ACTION: Final rule. substantially higher. API suggested that RIN 2137±AD05 RSPA consider separate rulemaking on SUMMARY: The Convention on testing of terminal/tank piping, International Trade in Endangered Pressure Testing Older Hazardous excluding them from the current rule. Species of Wild Fauna and Flora (CITES Liquid and Carbon Dioxide Pipelines One commenter suggested that leak or Convention) regulates international AGENCY: Research and Special Programs detection and a volumetric system trade in certain animals and plants. Administration (RSPA), DOT. should be used as a direct substitute for Species or other taxa for which such ACTION: Further response to petitions for a pressure test. trade is controlled are listed in Appendices I, II, and III to CITES. The reconsideration on pressure testing API also suggested developing a countries participating in this treaty, within terminals and tank farms. testing/monitoring protocol for including the United States, adopted evaluating piping within terminals and SUMMARY: This document announces amendments to Appendices I and II at tank farms that would provide that, while RSPA continues to review the tenth meeting of the Conference of equivalent levels of safety for those requirements for pressure testing older the Parties (COP10) in June, 1997. The facilities. Given the great variety of piping within terminals and tank farms, United States did not enter a reservation conditions that exist in terminals and it will not enforce those requirements against any of the adopted amendments. tank farms and the benefits of provided the terminals and tank farms This document incorporates all these identifying alternative ways of are designed and operated at lower amendments into the U.S. Fish and addressing pipeline risks, development stress levels than the main line. RSPA Wildlife Service’s (Service) of such a protocol has merit. RSPA will is evaluating comments received on informational list of CITES species. It work cooperatively with API on its pressure testing within these areas and also incorporates a small number of is considering modifying the current protocol. RSPA anticipates using the additional changes to the list of CITES- requirements. The enforcement policy protocol in our evaluation of the protected animal and plant taxa (50 CFR maintains the status quo (that is, no pressure testing requirement for 23.23) unrelated to decisions of the testing required) until a decision is terminals and tank farm piping. Parties at COP10 and serving only to made. Compliance dates for the 1994 rule clarify taxonomy, common names, or FOR FURTHER INFORMATION CONTACT: requiring pressure testing had been geographic ranges of animal and plant Mike Israni, (202) 366–4571, or e-mail: extended to allow completion of taxa and populations already listed. [email protected], regarding the rulemaking to allow a risk-based None of these additional changes affects subject matter of this document, or alternative to pressure testing. [62 FR the biological entity listed by the CITES Jenny Donohue, (202) 366–4046, for 54591]. That rulemaking, which did not parties. copies of this document or other address alternatives for terminal and DATES: This rule is effective November information in the docket. tank farm piping, has just been 12, 1998. With the exception of the new SUPPLEMENTARY INFORMATION: published. [63 FR 59475; November 4, listings of sturgeon species at COP10 1998]. Absent some agency action, (which had the effective date of April 1, Background operators of older terminals and tank 1998), the amendments set forth in this On June 7, 1994, RSPA issued a final farms would have to complete the rule entered into effect on September rule requiring certain older hazardous pressure testing requirements for piping 18, 1997, under the terms of CITES. liquid and carbon dioxide pipelines to in their terminals prior to RSPA’s ADDRESSES: Please send correspondence be pressure tested. The American reconsideration of these requirements. concerning this document to Chief, Petroleum Institute (API) and Williams In order to preserve the status quo, Office of Scientific Authority; U.S. Fish Pipe Line Company (Williams) filed RSPA will not enforce the pressure and Wildlife Service; 4401 North Fairfax petitions for reconsideration of pressure testing requirements with respect to Drive, room 750; Arlington, Virginia, testing requirements for older terminal older piping located in terminals or tank 22203; fax 703–358–2276. Materials and tank farm piping on the grounds farms that are designed and operated so received will be available for public that pressure testing would be costly that they do not experience stress levels inspection by appointment, from 8:00 and disruptive in the terminals and that of 20 percent or greater. a.m. to 4:00 p.m. Monday through Friday at the above address in such piping is of lower risk since Issued in Washington, DC on November 5, Arlington, Virginia. terminals and tank farms are generally 1998. operated at reduced pressures. To FOR FURTHER INFORMATION CONTACT: Dr. explore this issue further, RSPA invited Richard B. Felder, Susan Lieberman, Chief, Office of comments in a Federal Register notice Associate Administrator for Pipeline Safety. Scientific Authority, U.S. Fish and published February 10, 1998 [63 FR [FR Doc. 98–30210 Filed 11–10–98; 8:45 am] Wildlife Service, telephone 703–358– 6677]. BILLING CODE 4910±60±P 1708. Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63211

SUPPLEMENTARY INFORMATION: More comprehensive discussions of any also requested that the United States practical effects of entering a reservation include map turtles and bigleaf Background and reasons for or against entering mahogany in CITES Appendix II. The CITES regulates import, export, re- reservations can be found in the Service is currently reviewing which export, and introduction from the sea of November 8, 1994 and January 3, 1995 proposals it may submit for certain animal and plant species. Federal Register notices (59 FR 55617 consideration at CITES COP11, and Species for which the trade is controlled and 60 FR 73, respectively). published a notice of information are included in three Appendices. requesting public comments in the Related Considerations Appendix I includes species threatened Federal Register on January 30, 1998 with extinction that are or may be During the public comment period (63 FR 4613). affected by trade. Appendix II includes pursuant to the proposed rule of August species that, although not necessarily 22, 1997, only one organization Procedural Requirements now threatened with extinction, may submitted comments. The Humane This Federal Register notice amends become so unless trade in them is Society of the United States (HSUS) the informational list of CITES species strictly controlled. It also lists species submitted comments on a number of in 50 CFR 23.23 to accurately reflect the that must be subject to regulation in issues. The HSUS opposed the taking of changes in the list of species in the order that trade in other currently or reservations by the United States; the CITES appendices that have already potentially threatened species may be Service concurs, and has recommended been made by the Conference of the brought under effective control (e.g., no reservations. Regarding the alligator Parties at their tenth meeting, and that because of difficulty in distinguishing snapping turtle, the HSUS noted that the United States is bound to accept specimens of currently or potentially endemism is not a reason to not list a unless it entered reservations. The threatened species from those of other species in the CITES Appendices. The Service does not believe that species). Appendix III includes species Service agrees, and notes that whether implementation of any of these adopted that any Party identifies as being subject or not a species qualifies for inclusion amendments would be contrary to the to regulation within its jurisdiction for in Appendix II under the CITES listing interests or laws of the United States. purposes of preventing or restricting criteria (Resolution Conf. 9.24) is The period of time during which the exploitation, and for which it needs the independent of its degree of endemism. United States could have entered a cooperation of other Parties to control The Service will continue to monitor reservation against any of the trade. the status of and trade in this species, amendments ended on September 18, Any CITES Party may propose and work with the states where the 1997. The Service did not recommend amendments to Appendices I and II for species is native in order to reach the the entry of any reservations, and none consideration either at meetings of the best possible conservation solution for were taken by the United States. Conference of the Parties held about the species. The HSUS requested that Therefore, except for the newly adopted every 21⁄2 years or, occasionally, by a the United States include the species in sturgeon listings having an effective postal vote process. The text of Appendix III; that option is currently date of April 1, 1998, these amendments proposals must be communicated to the being explored. If the Service decides to to the CITES Appendices have been in CITES Secretariat at least 150 days recommend such a listing in Appendix effect for the United States since before such a meeting. The Secretariat III, a notice will be published in the September 18, 1997. must then consult the other Parties and Federal Register inviting public This notice brings the information in appropriate intergovernmental agencies, comments. The HSUS also discussed 50 CFR 23.23 into agreement with the and communicate responses to all the annotated transfer of certain African current species listings in the CITES Parties no later than 30 days before the elephant populations to Appendix II, appendices. Earlier Federal Register meeting. Amendments are adopted by noting that live elephants may not be notices informed the public about these consensus or a two-thirds majority of imported for commercial purposes. The amendments and provided opportunity the Parties present and voting. HSUS is incorrect, in that live elephants for comment on them, including from Namibia only are restricted to non- announced public meetings. Since these Actions of the Parties commercial purposes; those from CITES amendments became effective on The tenth meeting of the Conference Zimbabwe and Botswana can be September 18, 1997, and April 1, 1998, of the Parties to CITES was held June 9– imported for any purpose. Since these this amendment to 50 CFR Part 23 is 20, 1997, in Harare, Zimbabwe. populations are in Appendix II, no U.S. effective upon its date of publication. Decisions of the Parties on 62 different import permit is required under CITES, In addition to reflecting the animal proposals and 13 different plant and the decision on commerciality and amendments to the Appendices adopted proposals to amend the Appendices I suitability of destinations will be made at COP10, this notice also incorporates and II were reported in the proposed by the exporting country. However, if certain other minor changes into the list rule published in the Federal Register any of the three countries affected of CITES-protected animal and plant on August 22, 1997 (62 FR 44627). consult the United States prior to taxa (50 CFR 23.23) unrelated to The August 22, 1997, proposed rule issuance of an export permit, the decisions of the Parties at COP10 and (62 FR 44627) requested comments from Service will respond to any inquiry serves only to clarify taxonomy, the public on whether the United States about any proposed facility. The HSUS common names, or geographic ranges of should enter reservations against any of recommended that the Service discuss animal and plant taxa and populations the listing amendments. If the United other aspects of the annotated already listed. None of these additional States were to enter a reservation, it downlisting of the African elephant changes affects the biological entity would be treated as a country not party populations with members of the listed by the CITES parties. In the to CITES with respect to trade in that Standing Committee. The Service amendatory section below, all entries in particular species. However, because of continues to discuss aspects of the the current CFR list that will be either the requirements of other Parties, the downlisting, and practical modified or deleted by this rule are U.S. Lacey Act Amendments of 1981, implementation concerns, with many treated as deletions and presented in a and relevant CITES resolutions, the different governments, including those list of deletions. This is followed by a effect of a reservation would be limited. on the Standing Committee. The HSUS list of additions, which includes not 63212 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations only new taxa or populations resulting List of Subjects in 50 CFR Part 23 hybrids of Appendix I plants: Seedling from amendments adopted at COP10, Endangered and threatened species, or tissue cultures obtained in vitro, in but also all modifications of current CFR Exports, Imports, Treaties. solid or liquid media, transported in listings. sterile containers; and Regulation Promulgation Note: The Department has determined that (2) For Appendix II and Appendix III amendments to CITES Appendices, which Accordingly, for the reasons set out in plants: Seeds (other than the seeds of result from actions of the CITES Parties, do the preamble of this document, Part 23 Mexican Cactaceae originating from not require the preparation of Environmental of Title 50, Code of Federal Regulations, Mexico, which are included in the Assessments as defined under the authority is amended as follows: Appendices), spores, pollen (including of the National Environmental Policy Act (42 pollinia), and artificially propagated cut U.S.C. 4321–4347). These amendments are PART 23ÐENDANGERED SPECIES flowers; and simply notifications of actions taken by the CONVENTION CITES Parties and therefore, this notice does (3) For artificially propagated hybrids not constitute a ‘‘rule’’ for purposes of the 1. The authority citation for Part 23 of Appendix I plants: seeds and pollen Administrative Procedures Act (5 U.S.C. continues to read as follows: (including pollinia) and cut flowers; and 551(4)). Accordingly, the provisions of Authority: Convention on International (4) For artificially propagated or Executive Order 12866, the Regulatory Trade in Endangered Species of Wild Fauna naturalized Appendix II Cactaceae Flexibility Act (5 U.S.C. 601) and the Small and Flora, 27 U.S.T. 1087; and Endangered species: fruits and their parts and Business Regulatory Enforcement Fairness Species Act of 1973, as amended (16 U.S.C. derivatives; for Opuntia subgenus Act of 1996 do not apply. The adjustments 1531 et seq.). Opuntia species, separate stem joints to the list in 50 CFR 23.23 presented below 2. § 23.23(d) is revised to read as (pads) and their parts and derivatives. are solely informational to provide the public with accurate data on the species covered by follows: (5) For Orchidaceae species: in CITES. All non-sturgeon listings adopted by § 23.23 Species listed in Appendices I, II, Appendix I, seedling or tissue cultures the Parties took effect on September 18, 1997, and III. obtained in vitro, in solid or liquid under the terms of CITES. The sturgeon media, transported in sterile containers; * * * * * listings took effect April 1, 1998. This rule in Appendix II, for artificially does not contain information collection (d) Subject to the regulations of this part are all living or dead animals or propagated Vanilla species, the fruits requirements that require approval by the and their parts and derivatives. Office of Management and Budget under 44 plants in Appendix I, II or III, and all U.S.C. 3501 et seq. their readily recognizable parts and * * * * * derivatives except for specified parts or 2. § 23.23(f) is amended by removing This document was prepared by derivatives of particular Appendix III the following taxa or populations as Marshall Howe and Timothy Van animal species as excluded in the follows: Norman, Office of Scientific Authority, particular listing and the following under the authority of the Endangered categorically excluded or exempted § 23.23 Species listed in Appendices I, II, and III. Species Act of 1973, as amended (16 parts or derivatives of certain plants: U.S.C. 1531 et seq. and 87 Stat. 884, as (1) For Appendix II and Appendix III * * * * * amended). plants and artificially propagated (f) * * *

First listing date Species Common name Appendix (month/day/ year)

CLASS MAMMALIA: MAMMALS: Kangaroos, Wombats, Walla- bies, Cuscuses, Rat-kangaroos, etc.: Burramys parvus ...... Mountain pygmy possum ...... II ...... 7/1/75 Dendrolagus bennettianus ...... Bennett's tree kangaroo, Dusky tree kan- II ...... 6/28/79 garoo. D. lumholtzi ...... Lumholtz's tree kangaroo ...... II ...... 6/28/79 Order Primates: Primates: Monkeys, Apes, etc.: All species except those in App. I or with earlier date in ...... II ...... 2/4/77 App. II. Phaner sp...... Fork mouse lemur, Fork-marked mouse I ...... 7/1/75 lemur. Order Cetacea: Whales, Porpoises, Dolphins: All species except those in App. I or with earlier date in ...... II ...... 6/28/79 App. II. Order Carnivora: Carnivores: Cats, Bears, etc.: Nasua narica (=nasua) ...... Common coati, Coatimundi ...... III (Honduras) ... 4/13/87 Ursus arctos (all European populations except Italian popu- European Brown Bear ...... II ...... 7/29/83 lation and former USSR populations). U. arctos (Italian population) ...... European Brown bear ...... II ...... 7/1/75 U. arctos (all Asian populations, including populations of Brown bear ...... II ...... 1/18/90 Iran, Iraq, Syria, and Turkey, except former USSR populations and populations and subspecies listed in App. I). U. arctos (=U. arctos pruinosus) (populations of Bhutan, Tibetan blue bear ...... I ...... 7/1/75 China, and Mongolia). U. arctos (all North American populations except Mexican Brown bear, Grizzly ...... II ...... 7/1/75 population). U. arctos (=U. a. nelsoni) (Mexican population) ...... Mexican grizzly bear ...... I ...... 7/1/75 U. arctos isabellinus ...... Red bear ...... I ...... 6/28/79 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63213

First listing date Species Common name Appendix (month/day/ year)

Order Proboscidea: Elephants: Loxodonta africana ...... African elephant ...... I ...... 2/4/77 Order Artiodactyla: Even-toed ungulates: Bison bison athabascae ...... Woods bison ...... I ...... 7/1/75 Bos mutus ...... Wild yak ...... I ...... 7/1/75 Ovis vignei ...... Shapo ...... I ...... 7/1/75 Pecari tajacu (except populations of the United States) ...... Collared peccary ...... II ...... 10/22/87 Vicugna vicugna (except populations listed below) ...... Vicuna ...... I ...... 7/1/75 V. vicugna (populations of Paranicota Province, Ia. Region Vicuna ...... II ...... 7/1/75 of Tarapaca in Chile and all populations of Peru) (export limited to cloth products, wool sheared from live animals, and the Peruvian stock of 3249 kg. extant in November, 1994). CLASS AVES: BIRDS: Order Falconiformes: Hawks, Falcons, Vultures, Eagles: All species except Cathartidae and those species in App. I All species except New World vultures ..... II ...... 6/28/79 or with earlier date in App. II. Order Gruiformes: Cranes, Rails, Bustards: Gallirallus australis hectori ...... Eastern weka rail ...... II ...... 7/1/75 Pedionomus torquatus ...... Collared hemipode, Plains wanderer ...... II ...... 6/28/79 Turnix melanogaster ...... Black-breasted button-quail ...... II ...... 6/28/79 Order Psittaciformes: Parrots, Parakeets, Macaws, Lories: All species in order except those in App. I or with earlier All Parrots, Parakeets, Macaws and II ...... 6/6/81 date in App. II, and except Melopsittacus undulatus, Lories (not including the Budgerigar, Nymphicus hollandicus, and Psittacula krameri. However, Cockatiel, and Rose-ringed parakeet). the latter is listed separately in App. III. Order Strigiformes: Owls: All species except those in App. I or with earlier date in ...... II ...... 6/28/79 App. II. Order Passeriformes: Perching birds, Songbirds: Gracula religiosa ...... Hill myna ...... III (Thailand) ..... 6/11/92 CLASS REPTILIA: REPTILES: Order Crocodylia: Crocodiles, Alligators, Caimans, Gavials: Alligatoridae spp. (all species in family except those in App. Alligators, Caimans ...... II ...... 2/4/77 I or with earlier date in App. II). Caiman latirostris ...... Broad-snouted caiman ...... I ...... 7/1/75 Crocodylidae spp. (all species in family except those in Crocodiles ...... II ...... 2/4/77 App. I or with earlier date in App. II). Crocodylus niloticus (populations of Madagascar and Ugan- Nile crocodile ...... II ...... 7/1/75 da subject to export quotas described by the Secretariat). C. niloticus (populations of Botswana, Ethiopia, Kenya, Ma- Nile crocodile ...... II ...... 7/1/75 lawi, Mozambique, South Africa, Zambia, and Zimbabwe subject to ranching provisions). C. niloticus (population of Tanzania subject to ranching pro- Nile crocodile ...... II ...... 7/1/75 visions and annual quotas described by the Secretariat). Melanosuchus niger (population of Ecuador, subject to zero Black caiman ...... II ...... 7/1/75 export quotas in 1995 and 1996, followed by annual quotas described by the Secretariat). Order Serpentes: Snakes: Boidae spp. (all species except those in App. I or with ear- Boa constrictors, Pythons ...... II ...... 2/4/77 lier date in App. II). CLASS OSTEICHTHYES: BONY FISHES: Order Acipenseriformes: Sturgeons: PHYLUM ARTHROPODA: ARTHROPODS: CLASS Insecta: Insects: Ornithoptera spp. (all species except those in App. I or with Birdwing butterflies ...... II ...... 2/16/79 earlier date in App. II). PHYLUM MOLLUSCA: MOLLUSCS: CLASS Pelecypoda (=Bivalvia): Clams, Mussels: Fusconaia subrotunda ...... Long solid mussel ...... II ...... 7/1/75 Lampsilis brevicula ...... Ozark lamp pearly mussel ...... II ...... 7/1/75 Lexingtonia dolabelloides ...... Slab-side pearly mussel ...... II ...... 7/1/75 CLASS Gastropoda: Snails: Paryphanta spp. (New Zealand species only) ...... New Zealand amber snails ...... II ...... 7/1/75 PLANT KINGDOM: PLANTS: Family Agavaceae: Agave family: Agave victoriae-reginae ...... Queen Victoria agave ...... II ...... 7/29/83 Family Apocyanaceae: Dogbane family: Pachypodium brevicaule (and its natural hybrids; no export ...... II ...... 7/1/75 of adult plants before tenth Conference of the Parties, ca. March, 1997). 63214 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations

First listing date Species Common name Appendix (month/day/ year)

Family Araliaceae: Ginseng family: Panax quinquefolius ...... American ginseng ...... II ...... 7/1/75 Family Cactaceae: Cactus family: All species except those in App. I ...... Cacti ...... II ...... 7/1/75 Coryphantha werdermannii ...... Jabali pincushion cactus ...... I ...... 7/1/75 Echinocereus (=Wilcoxia) schmollii ...... Lamb's-tail cactus ...... I ...... 7/1/75 Escobaria minima ...... Nellie's corycactus ...... I ...... 7/1/75 E. sneedii ...... Sneed pincushion cactus ...... I ...... 7/1/75 Pachycereus (=Backebergia) militaris ...... Teddy-bear cactus, Military cap ...... I ...... 7/1/75 Pediocactus (=Toumeya) knowltonii ...... Knowlton's cactus ...... I ...... 7/1/75 P. (=Toumeya) papyracanthus (see Sclerocactus papyracanthus). P. paradinei ...... Houserock Valley cactus ...... I ...... 7/1/75 P. peeblesianus (=Toumeya fickeisenii, =T. peeblesiana) .... Peebles' Navajo cactus ...... I ...... 7/1/75 P. sileri ...... Siler's pincushion cactus ...... I ...... 7/1/75 Pelecyphora spp. (includes Encephalocarpus sp.) ...... Hatchet cactus, Pinecone cactus, I ...... 7/1/75 Peyotillo. Sclerocactus brevihamatus subsp. tobuschii Tobusch fishhook cactus ...... I ...... 7/1/75 (=Ancistrocactus tobuschii, =Echinocactus tobuschii). S. (=Echinomastus, =Neolloydia) erectocentrus ...... I ...... 7/1/75 S. glaucus ...... Uinta Basin hookless cactus ...... I ...... 7/1/75 S. papyracanthus ...... Grama-grass cactus ...... I ...... 7/1/75 Strombocactus disciformis ...... Disc cactus, Top cactus ...... I ...... 7/1/75 Family Cycadaceae: Cycas family: Family Euphorbiaceae: Spurge family: Euphorbia spp. (excluding non-succulent species) (all spe- Euphorbias ...... II ...... 7/1/75 cies except those in App. I). E. decaryi (including var. capsaintemariensis, E...... I ...... 7/1/75 capsaintemariensis) (and its natural hybrids). Family Leguminosae (=Fabaceae): Pea family: Pericopsis elata (including saw-logs, sawn wood, and ve- Afrormosia ...... II ...... 6/11/92 neers, but no other parts or derivatives, i.e., products). Family Magnoliaceae: Magnolia family: Talauma hodgsonii ...... III (Nepal) ...... 11/16/75 Family Meliaceae: Mahogany family: Swietenia macrophylla (populations in the Americas, includ- Bigleaf mahogany ...... III (Costa Rica) 11/16/95 ing saw-logs, sawn wood, and veneers, but no other parts or derivatives, e.g., products). S. mahagoni (including saw-logs, sawn wood, and veneers, Caribbean mahogany ...... II ...... 6/11/92 but no other parts or derivatives, i.e., products). Family Orchidaceae (= Apostasiaceae, Cypripediaceae): Orchid family: Family Portulacaceae: Portulaca family: Anacampseros spp...... II ...... 7/1/75 Lewisia tweedyi ...... Tweedy's lewisia ...... II ...... 7/29/83 Family Primulaceae: Primrose family: Cyclamen spp...... Cyclamens ...... II ...... 7/1/75 Family Proteaceae: Protea family: Orothamnus zeyheri ...... Marsh-rose ...... I ...... 7/1/75 Protea odorata ...... Ground-rose ...... I ...... 7/1/75 Family Theaceae: Tea family: Camellia chrysantha ...... Yellow-flowered camellia, Jinhuacha ...... II ...... 8/1/85

3. § 23.23(f) is amended by adding the following taxa or populations to read as follows: § 23.23 Species listed in Appendices I, II, and III. * * * * * (f) * **

First listing date Species Common name Appendix (month/day/ year)

CLASS MAMMALIA:MAMMALS:

******* Order Primates (formerly including order Scandentia, above): Primates: Monkeys, Apes, etc.: All species of primates except those in App. I or with A4/77.. earlier date in App. II. Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63215

First listing date Species Common name Appendix (month/day/ year)

******* Phaner sp...... Fork-marked mouse lemurs ...... I ...... 7/1/75

******* Order Xenarthra: Anteaters, Sloths, Armadillos:

******* Chaetophractus nationi (subject to a zero export quota) ...... Hairy armadillo ...... II ...... 9/18/97

******* Order Cetacea: Whales, Porpoises, Dolphins: All species except those in App. I or with earlier date in All whales, porpoises, and dolphins not II ...... 6/28/79 App. II. listed below.

******* Order Carnivora: Carnivores: Cats, Bears, etc.:

******* Nasua narica ...... Common coati, Coatimundi ...... III (Honduras) ... 4/13/87

******* U. arctos (all Asian populations, including populations Brown bear ...... II ...... 1/18/90 of Iran, Iraq, Syria, Turkey, and the former USSR, except populations and subspecies listed in App. I). U. arctos (all European populations except Italian popu- European brown Bear ...... II ...... 7/29/83 lation and former USSR populations). Ursus arctos (all North American populations except U. Brown bear, Grizzly bear ...... II ...... 7/1/75 a. nelsoni). U. arctos (all populations of Bhutan, Mongolia, and Brown bear ...... I ...... 1/18/90 China except subspecies with earlier date). U. arctos (Italian population) ...... European brown bear ...... I ...... 7/1/75 U. arctos isabellinus ...... Red bear ...... I ...... 6/28/79 U. arctos nelsoni ...... Mexican grizzly bear ...... I ...... 7/1/75 U. arctos pruinosus ...... Tibetan blue bear ...... I ...... 7/1/75

******* Order Proboscidea: Elephants:

******* Loxodonta africana (except the populations of Bot- African elephant ...... I ...... 2/4/77 swana, Namibia, and Zimbabwe). L. africana [only the populations of Botswana, Namibia, African elephant ...... II ...... 2/4/77 and Zimbabwe, to allow: (1) export of hunting tro- phies for non-commercial purposes; (2) export of live animals to appropriate and acceptable destinations (Namibia: for non-commercial purposes only); (3) export of hides (Zimbabwe only); (4) export of leather goods and ivory carvings for non-commercial purposes (Zimbabwe only). No international trade in ivory is permitted before 18 months after the transfer to Appendix II comes into effect (i.e., March 18, 1999). Thereafter, under experimental quotas for raw ivory not exceeding 25.3 tons (Botswana), 13.8 tons (Namibia) and 20 tons (Zimbabwe), raw ivory may be exported only to Japan, subject to the conditions established in Decision of the Conference of the Parties regarding ivory No. 10.1. Specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly].

******* Order Artiodactyla: Even-toed ungulates:

******* Bison bison athabascae ...... Wood bison ...... II ...... 7/1/75

******* Bos mutus (excluding domestic forms) ...... Wild yak ...... I ...... 7/1/75 63216 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations

First listing date Species Common name Appendix (month/day/ year)

******* Ovis ammon nigrimontana ...... Kara Tau argali ...... I ...... 7/1/75

******* O. vignei vignei ...... Shapo ...... I ...... 7/1/75

******* Pecari tajacu (except populations of the United States and Collared peccary ...... II ...... 10/22/87 Mexico).

******* Vicugna vicugna (except populations listed below, under the VicunÄa ...... I ...... 7/1/75 conditions specified). V. vicugna [Argentina: wild populations of the Province of VicunÄa ...... II ...... 7/1/75 Jujuy and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la ConservacioÂn y Manejo de la VicunÄa and the words, ``VICUNÄ A-ARGENTINA''; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)]. V. vicugna [Bolivia: populations of the Conservation Units of VicunÄa ...... II ...... 7/1/75 Mauri-Desaguadero, Ulla Ulla and Lipez-Chichas (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles, but with a zero annual export quota; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la ConservacioÂn y Manejo de la VicunÄa and the words, ``VICUNÄ A-BOLIVIA''; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)]. V. vicugna [Chile: populations of Paranicota Province, 1a. VicunÄa ...... II ...... 7/1/75 Region of Tarapaca (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la ConservacioÂn y Manejo de la VicunÄa and the words, ``VICUNÄ A-CHILE''; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)]. V. vicugna [Peru: all populations (export limited to the stock VicunÄa ...... II ...... 7/1/75* of 3249 kg. extant in November, 1994, to wool sheared from live animals, and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la ConservacioÂn y Manejo de la VicunÄa and the words, ``VICUNÄ A-PERU''; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)].

******* CLASS AVES BIRDS

******* Order Falconiformes: Hawks, Falcons, Vultures, Eagles: All species except those in App. I, or with earlier date in All species except New World vultures not II ...... 6/28/79 App. II, and except Cathartidae species not specifically specifically listed below. listed below. Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63217

First listing date Species Common name Appendix (month/day/ year)

******* Order Psittaciformes: Parrots, Parakeets, Macaws, Lories, Cockatoos, etc.: All species in order except those in App. I or with earlier All Parrots, Parakeets, Macaws, Lories, II ...... 6/6/81 date in App. II, and except Melopsittacus undulatus, Cockatoos, etc. not listed below (not in- Nymphicus hollandicus, and Psittacula krameri. However, cluding the Budgerigar, Cockatiel, and the latter is listed separately in App. III. Rose-ringed parakeet).

******* Amazona viridigenalis ...... Red-crowned (= Green-cheeked) parrot ... I ...... 6/6/81

******* Vini ultramarina ...... Ultramarine lorikeet ...... I ...... 6/6/81

******* Order Strigiformes: Owls: All species except those in App. I or with earlier date in All Owls not listed below ...... II ...... 6/28/79 App. II.

******* Order Passeriformes: Perching birds, Songbirds:

******* Amandava formosa ...... Green avadavat ...... II ...... 9/18/97

******* Gracula religiosa ...... Hill myna ...... II ...... 6/11/92

******* Leiothrix argentaurius ...... Silver-eared mesia ...... II ...... 9/18/97 L. lutea ...... Pekin robin ...... II ...... 9/18/97

******* Liocichla omeiensis ...... Omei Shan liocichla ...... II ...... 9/18/97

******* Padda oryzivora ...... Java sparrow ...... II ...... 9/18/97

******* Pycnonotus zeylanicus ...... Straw-headed bulbul ...... II ...... 9/18/97

******* Tangara fastuosa ...... Seven-colored tanager ...... II ...... 9/18/97

******* CLASS REPTILIA REPTILES Order Testudinata: Turtles, Tortoises:

******* Callagur borneoensis ...... Painted terrapin ...... II ...... 9/18/97

******* Order Crocodylia: Crocodiles, Alligators, Caimans, Gavials: Alligatoridae spp. (all species in family except those in App. All Alligators and Caimans not listed II ...... 2/4/77 I or with earlier date in App. II). below.

******* Caiman latirostris (except population of Argentina) ...... Broad-snouted caiman ...... I ...... 7/1/75

******* Crocodylidae spp. (all species in family except those in App. All Crocodiles not listed below ...... II ...... 2/4/77 I or with earlier date in App. II).

******* Crocodylus niloticus (populations of Botswana, Kenya, Ma- Nile crocodile ...... II ...... 7/1/75 lawi, South Africa, Zambia, and Zimbabwe, subject to ranching provisions). C. niloticus (population of Ethiopia, Madagascar, Mozam- Nile crocodile ...... II ...... 7/1/75 bique, Tanzania, and Uganda, subject to an annual export quota). 63218 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations

First listing date Species Common name Appendix (month/day/ year)

******* Melanosuchus niger (population of Ecuador, subject to a Black caiman ...... II ...... 7/1/75 zero annual export quota until a different quota has been approved by the Secretariat).

******* Order Serpentes: Snakes:

******* Boidae spp. (all species except those in App. I or with ear- All Boa constrictors, Pythons not listed II ...... 2/4/77 lier date in App. II). below.

******* Naja kaouthia (see Naja naja) ......

******* Naja oxiana (see Naja naja) ......

******* CLASS OSTEICHTHYES BONY FISHES

******* Order Acipenseriformes (all species except those in App. I or All Sturgeons and Paddlefish not listed II ...... 4/1/98 with earlier date in App. II) below.

******* PHYLUM ARTHROPODA ARTHROPODS CLASS Insecta: Insects:

******* Ornithoptera spp. (all species except those in App. I or with All Birdwing butterflies not listed below ..... II ...... 2/16/79 earlier date in App. II).

******* PLANT KINGDOM (NOTE GENERAL EXCLUSIONS AND EXCEPTIONS IN PLANTS INTRODUCTORY TEXT): Family Agavaceae: Agave family:

******* Agave victoriae-reginae (=A. ferninandi-regis) ...... Queen Victoria agave ...... II ...... 7/29/83

******* Family Apocynaceae: Dogbane family:

******* Pachypodium brevicaule (and its natural hybrids) ...... II ...... 7/1/75

******* Family Araliaceae: Ginseng family: Panax quinquefolius (whole and sliced roots and parts of American ginseng ...... II ...... 7/1/75 roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery).

******* Family Cactaceae (note general exclusions and exceptions in in- Cactus family: troductory text): All species except those in App. I, and except artificially Cacti ...... II ...... 7/1/75 propagated specimens of the following hybrids and/or cultivars: (1) Hatiora × graeseri (=H. gaertneri × H. rosea); (2) Schlumbergera (=Zygocactus) truncata cultivars and its hybrids with S. opuntoides (=S.× exotica), S. orssichiana, and S. russelliana (=S.× buckleyi); (3) Gymnocalycium mihanovichii cultivars lacking chlorophyll, grafted on Hatiora ``Jusbertii'', Hylocereus trigonus or H. undatus; and (4)Opuntia microdasys.

******* Coryphantha werdermannii (=C. densispina; Mammillaria w.) Jabali pincushion cactus ...... I ...... 7/1/75

******* Echinocereus (=Cereus, =Wilcoxia) schmollii ...... Lamb's-tail cactus ...... I ...... 7/1/75 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63219

First listing date Species Common name Appendix (month/day/ year)

******* Escobaria minima (=Coryphantha m., not Mammillaria m.; Nellie's corycactus ...... I ...... 7/1/75 =C. nelliae, E. n., =Mammillaria n.). E. sneedii, including E. s. var. leei (=Coryphantha s. var. l., Sneed pincushion cactus ...... I ...... 7/1/75 =E. leei, =Mammillaria l.) and E. s. var. sneedii (=Coryphantha s., =Mammillaria s.).

******* Pachycereus militaris (=Backebergia m., =Cephalocereus Teddy-bear cactus, Military cap ...... I ...... 7/1/75 m., =Mitrocereus m., =Pachycereus chrysomallus).

******* Pediocactus knowltonii (=P. bradyi var. k., =Toumeya k.) ..... Knowlton cactus ...... I ...... 7/1/75

******* P. paradinei (=Pilocanthus p.) ...... Houserock Valley cactus ...... I ...... 7/1/75 P. peeblesianus, including P. p. var. fickeiseniae (=Navajoa Fickeisen Navajo cactus, Peeble's Navajo I ...... 7/1/75 f., =Toumeya f.) and P. p. var. peeblesianus cactus. (=Echinocactus p., =Navajoa p., =Toumeya p., =Utahia p.). P. sileri (=Echinocactus s., =Utahia s.) ...... Siler's pincushion cactus ...... I ...... 7/1/75

******* Pelecyphora (=Encephalocarpus) spp...... Hatchet cactus, Pinecone cactus, I ...... 7/1/75 Peyotillo. Sclerocactus brevihamatus subsp. tobuschii Tobusch fishhook cactus ...... I ...... 7/1/75 (=Ancistrocactus t., =Echinocactus t., =Ferocactus t., =Mammillaria t.). S. erectocentrus (=Echinocactus e., =Echinomastus e., Redspine fishhook cactus ...... I ...... 7/1/75 =Neolloydia e., =Thelocactus e.; =Echinomastus acunensis, =Echinomastus e. var a., =Neolloydia e. var a.; =Echinocactus krausei, =Echinomastus k.). S. glaucus (=S. franklinii; =Echinocactus g., =Ferocactus g., Uinta Basin hookless cactus ...... I ...... 7/1/75 =Pediocactus g., =S. whipplei var. g.; =E. subglaucus; =S. wetlandicus; =S. w. var. ilseae).

******* S. papyracanthus (=Echinocactus p., =Mammillaria p., Grama-grass cactus ...... I ...... 7/1/75 =Pediocactus p., =Toumeya p.).

******* Strombocactus spp. (=S. disciformis in broad sense) ...... Disc cactus, Top cactus ...... I ...... 7/1/75

******* Family Cycadaceae: Old World cycad family (see families Stangeriaceae and Zamiaceae for other cycads):

******* Family Euphorbiaceae: Spurge family: Euphorbia spp., except those species in App. I, and exclud- Euphorbias ...... II ...... 7/1/75 ing non-succulent species and artificially propagated specimens of Euphorbia trigona cultivars.

******* E. capsaintemariensis (= E. decaryi var. c.) (and its natural ...... I ...... 7/1/75 hybrids).

******* E. decaryi (and its natural hybrids) (see also E...... I ...... 7/1/75 capsaintemariensis, formerly included in E. decaryi).

******* Family Leguminosae (=Fabaceae): Pea family:

******* Pericopsis elata (including logs, sawn wood, and veneer Afrormosia ...... II ...... 6/11/92 sheets, but not other parts or derivatives). 63220 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations

First listing date Species Common name Appendix (month/day/ year)

******* Family Magnoliaceae: Magnolia family: Magnolia (=Talauma) hodgsonii ...... III (Nepal) ...... 11/16/75 Family Meliaceae: Mahogany family:

******* Swietenia macrophylla (populations in the Americas, includ- Bigleaf mahogany ...... III (Costa Rica) 11/16/95 ing logs, sawn wood, and veneer sheets, but not other parts or derivatives). S. mahagoni (including logs, sawn wood, and veneer Caribbean mahogany ...... II ...... 6/11/92 sheets, but not other parts or derivatives).

******* Family Orchidaceae (= Apostasiaceae, Cypripediaceae) (note Orchid family: general exclusions and exceptions in introductory text):

******* Family Portulacaceae: Portulaca family: Anacampseros spp. (including A. [= Grahamia] australiana, ...... II ...... 7/1/75 A. [=G.] kurtzii). Avonia spp. (formerly a part of Anacampseros spp.) ...... II ...... 7/1/75

******* Family Primulaceae: Primrose family: Cyclamen spp., excluding artificially propagated specimens Cyclamens ...... II ...... 7/1/75 of the cultivars of Cyclamen persicum (except when trad- ed as dormant tubers). Family Proteaceae: Protea family: Orothamnus zeyheri ...... Marsh-rose ...... II ...... 7/1/75 Protea odorata ...... Ground-rose ...... II ...... 7/1/75 Family Ranunculaceae: Buttercup family: Hydrastis canadensis (whole and sliced roots and parts of Goldenseal ...... II ...... 9/18/97 roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery).

******* Family Scrophulariaceae: Figwort family: Picrorhiza kurrooa (whole and sliced roots and parts of Kutki ...... II ...... 9/18/97 roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery). Family Stangeriaceae: Stangeria family: Bowenia spp. (formerly in Zamiaceae) ...... Bipinnate cycads ...... II ...... 2/4/77

******* Family Valerianaceae: Valerian family: Nardostachys grandiflora (=Nardostachys jatamansi mis- Himalayan nard or spikenard ...... II ...... 9/18/97 applied) (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery).

******* Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63221

Dated: September 8, 1998. DATES: Effective 1200 hrs, Alaska local accordance with § 679.20(d)(1)(iii), the Donald J. Barry, time (A.l.t.), November 7, 1998, until Regional Administrator finds that this Assistant Secretary for Fish and Wildlife and 2400 hrs, A.l.t., December 31, 1998. directed fishing allowance has been Parks. FOR FURTHER INFORMATION CONTACT: reached. Consequently, NMFS is [FR Doc. 98–29849 Filed 11–10–98; 8:45 am] Mary Furuness, 907–586-7228. prohibiting directed fishing for Atka BILLING CODE 4310±55±P SUPPLEMENTARY INFORMATION: The mackerel in the Western Aleutian groundfish fishery in the BSAI exclusive District. economic zone is managed by NMFS Maximum retainable bycatch amounts according to the Fishery Management may be found in the regulations at DEPARTMENT OF COMMERCE Plan for the Groundfish Fishery of the § 679.20(e) and (f). Bering Sea and Aleutian Islands Area Classification National Oceanic and Atmospheric (FMP) prepared by the North Pacific Administration Fishery Management Council under This action responds to the best authority of the Magnuson-Stevens available information recently obtained 50 CFR Part 679 Fishery Conservation and Management from the fishery. It must be Act. Fishing by U.S. vessels is governed implemented immediately to prevent [Docket No. 971208298±8055±02; I.D. by regulations implementing the FMP at overharvesting the 1998 TAC of Atka 110598A] subpart H of 50 CFR part 600 and CFR mackerel for the Western Aleutian part 679. District of the BSAI. A delay in the Fisheries of the Exclusive Economic The Final 1998 Harvest Specifications effective date is impracticable and Zone Off Alaska; Atka Mackerel in the of Groundfish for the BSAI established contrary to public interest. Further Western Aleutian District of the Bering the initial TAC of Atka mackerel in the delay would only result in overharvest. Sea and Aleutian Islands Western Aleutian District as 22,950 mt, NMFS finds for good cause that the and, through the apportionment of implementation of this action should AGENCY: National Marine Fisheries reserve allocated an additional 2,025 mt not be delayed for 30 days. Accordingly, Service (NMFS), National Oceanic and for a total of 24,975 mt (63 FR 12689, under 5 U.S.C. 553(d), a delay in the Atmospheric Administration (NOAA), March 16, 1998). See § 679.20(c)(3)(iii). effective date is hereby waived. Commerce. In accordance with § 679.20(d)(1)(i), This action is required by § 679.20 ACTION: Closure. the Administrator, Alaska Region, and is exempt from review under E.O. NMFS (Regional Administrator), has 12866. SUMMARY: NMFS is prohibiting directed determined that the TAC for Atka Authority: 16 U.S.C. 1801 et seq. fishing for Atka mackerel in the Western mackerel in the Western Aleutian Aleutian District of the Bering Sea and District will be reached. Therefore, the Dated: November 5, 1998. Aleutian Islands management area Regional Administrator is establishing a Bruce C. Morehead, (BSAI). This action is necessary to directed fishing allowance of 23,975 mt, Acting Director, Office of Sustainable prevent exceeding the amount of the and is setting aside the remaining 1,000 Fisheries, National Marine Fisheries Service. 1998 total allowable catch (TAC) of Atka mt as bycatch to support other [FR Doc. 98–30229 Filed 11–6–98; 3:46 pm] mackerel in this area. anticipated groundfish fisheries. In BILLING CODE 3510±22±F