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Mississippi, and Texas. Responsibilities agenda items, resolutions, and species international.fws.gov/cop%2013/ of the Panel include: proposals submitted by other countries cop13.htm. If you wish to contact the a. Identifying priorities for the Gulf of and the CITES Secretariat for U.S. delegation to COP13 during the Mexico Region with respect to aquatic consideration by the Conference of the meeting, you may send an e-mail to the nuisance species; Parties to the Convention on following address: b. Making recommendations to the International Trade in Endangered [email protected]. Task Force regarding actions to carry Species of Wild Fauna and Flora FOR FURTHER INFORMATION CONTACT: out aquatic invasive species programs. (CITES) at its thirteenth regular meeting For c. Assisting the Task Force in (COP13). The meeting will be held in information pertaining to resolutions, coordinating Federal aquatic nuisance Bangkok, Thailand, October 2–14, 2004. discussion papers, and agenda items, species program activities in the Gulf of With this notice we also announce a contact Peter O. Thomas, Ph.D., Chief, Mexico region; public meeting to be held after the Division of Management Authority, U.S. d. Coordinating, where possible, conclusion of COP13 to inform the Fish and Wildlife Service, tel. 703–358– aquatic invasive species program public of the results of COP13 and 2095; fax 703–358–2298; e-mail: activities in the Gulf of Mexico region invite public input on whether the [email protected]. For information that are not conducted pursuant to the United States should take a reservation pertaining to species proposals, contact Nonindigenous Aquatic Nuisance on any of the amendments to the CITES Robert R. Gabel, Chief, Division of Prevention and Control Act of 1990 (as Appendices adopted at the meeting. Scientific Authority, U.S. Fish and Wildlife Service, tel. 703–358–1708; fax amended, 1996); DATES: In further developing U.S. e. Providing advice to public and 703–358–2276; e-mail: negotiating positions on these issues, we [email protected]. private individuals and entities will continue to consider information concerning methods of controlling and comments submitted in response to SUPPLEMENTARY INFORMATION: aquatic nuisance species; and our notice of July 2, 2004 (69 FR 40411). Background f. Submitting an annual report We will also continue to consider describing activities within the Western information received at the public The Convention on International region related to aquatic nuisance meeting announced in that notice, Trade in Endangered Species of Wild species prevention, research, and which was held on August 12, 2004. Fauna and Flora, (CITES or the control. The public meeting to be held after Convention), is an international treaty The Gulf of Mexico Regional Panel COP13 will be held on December 13, designed to control and regulate will discuss several topics at this 2004, at 1:30 p.m. international trade in certain animal and meeting including: Panel administrative ADDRESSES: Please send comments plant species that are now or potentially issues, potential new memberships, may become threatened with extinction updates on the status of State ANS pertaining to resolutions and agenda items to the Division of Management due to trade. These species are listed in management plans, presentations from Appendices to CITES, COPies of which South Atlantic States, a discussion on Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room are available from the Division of the pet industry project, a discussion of Management Authority or the Division the public aquarium project, work group 700, Arlington, VA 22203, or via e-mail at: [email protected]. Please send of Scientific Authority at the above reports, and a discussion of strategic addresses, from our Web site at http:// plan development. comments pertaining to species proposals to the Division of Scientific international.fws.gov, or from the Dated: September 10, 2004. Authority, U.S. Fish and Wildlife official CITES Secretariat (Secretariat) M. A. Parker, Service, 4401 North Fairfax Drive, Room Web site at http://www.cites.org/. Co-Chair, Aquatic Nuisance Species Task 750, Arlington, VA 22203, or via e-mail Currently, 166 countries, including the Force, Assistant Director—Fisheries & Habitat to: [email protected]. United States, are Parties to CITES. Conservation. Comments and materials that we receive CITES calls for regular meetings of the [FR Doc. 04–21781 Filed 9–28–04; 8:45 am] will be available for public inspection, Conference of the Parties (COP) to BILLING CODE 4310–55–P by appointment, from 8 a.m. to 4 p.m., review issues pertaining to CITES Monday through Friday, at the Division implementation, make provisions of Management Authority and the enabling the CITES Secretariat to carry DEPARTMENT OF THE INTERIOR Division of Scientific Authority. out its functions, consider amendments to the list of species in Appendices I Fish and Wildlife Service Public Meeting and II, consider reports presented by the Secretariat, and make recommendations Conference of the Parties to the The post-COP13 public meeting will to improve the effectiveness of CITES. Convention on International Trade in be held in the Rachel Carson Room, in Any country that is a Party to CITES Endangered Species of Wild Fauna the Department of the Interior at 18th may propose and vote on amendments and Flora (CITES); Thirteenth Regular and C Streets, NW., Washington, DC. to Appendices I and II (species Meeting; Tentative U.S. Negotiating Directions to the building may be proposals), resolutions, decisions, Positions for Agenda Items and obtained by contacting the Division of discussion papers, and agenda items Species Proposals Submitted by Management Authority (see FOR submitted for consideration by the Foreign Governments and the CITES FURTHER INFORMATION CONTACT, below). Conference of the Parties. Accredited Secretariat; Announcement of Public Available Information nongovernmental organizations may Meeting Information concerning the results of participate in the meeting as approved AGENCY: Fish and Wildlife Service, COP13 will be available after the close observers and may speak during Interior. of the meeting on the Secretariat’s Web sessions when recognized by the ACTION: Notice. site at http://www.cites.org, or upon meeting Chairman, but they may not request from the Division of vote or submit proposals. COP13 will be SUMMARY: This notice announces the Management Authority, or via our held in Bangkok, Thailand, October 2– tentative U.S. negotiating positions on COP13 Web site at http:// 14, 2004.

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This is fourth in a series of Federal Tentative Negotiating Positions suggested changes in view of these Register notices that, together with concerns. In this notice we summarize the announced public meetings, provide Agenda (Provisional) [Doc. 3] you with an opportunity to participate tentative U.S. negotiating positions on agenda items, resolutions, and proposals in the development of U.S. tentative Opening Ceremony and Welcoming to amend the Appendices that have negotiating positions for COP13. In this Addresses been submitted by other countries and notice we announce the tentative U.S. the CITES Secretariat. Documents The Secretariat will not prepare a negotiating positions on agenda items, submitted by the United States for document on these agenda items. resolutions, and species proposals consideration of the Parties at COP13 According to tradition, as the host submitted by other countries and the can be found on the Secretariat’s Web country for COP13, Thailand will Secretariat for consideration at COP13. site at: http://www.cites.org/eng/COP/ conduct an opening ceremony and make In our first Federal Register notice of 13/docs/index.shtml. Those documents welcoming remarks. June 19, 2003 (68 FR 36831), we are: COP13 Doc. 41, COP13 Doc. 47, Strategic and Administrative Matters requested information and COP13 Doc. 48, COP13 Doc. 49, COP13 recommendations on species proposals, Doc. 51, and COP13 Doc. 52. The United 1. Rules of Procedure: proposed resolutions and decisions, and States, either alone or as a co-proponent, 1.1 Use of secret ballots (Doc. 1.1). agenda items for the United States to submitted the following proposals to Tentative U.S. negotiating position: consider submitting for consideration at amend the Appendices I and II: COP13 Support. With Document COP13 Doc. COP13. In our second Federal Register Prop. 5, COP13 Prop. 10, COP13 Prop. 1.1, the Standing Committee proposes notice, published on January 12, 2004 12, COP13 Prop. 14, COP13 Prop. 16, not making any changes to the Rules of (69 FR 1757), we listed each issue that COP13 Prop. 18, COP13 Prop. 20, Procedure of the Conference of the the United States was considering COP13 Prop. 21, COP13 Prop. 23, Parties relating to the use of secret submitting for COP13. In that notice, we COP13 Prop. 33, COP13 Prop. 47, and ballots. The United States historically has not supported the use of secret also invited public comments and COP13 Prop. 48. In this notice, we will ballots, believing that the process at a information on these potential not provide any additional explanation COP should be as transparent as proposals, announced a public meeting of the U.S. negotiating position for possible, and that open voting to discuss them, and provided documents that the United States submitted. The introduction in the text encourages responsible voting by the information on how nongovernmental Parties. The United States agrees that organizations based in the United States of each of the documents the United States submitted contains a discussion the Rules of Procedure should not be could attend COP13 as observers. At the changed to facilitate the increased use of same time we posted an expanded of the background of the issue and the rationale for submitting the document. secret ballots, and would only support document on our Web site (http:// changes to decrease their use. international.fws.gov/) that provided In this notice, numerals next to each 1.2 Adoption of the Rules of detailed background for proposed agenda item or resolution correspond to Procedure (Doc. 1.2). Tentative U.S. resolutions, proposed decisions, and the numbers used in the agenda for negotiating position: Support. The agenda items that the United States was COP13 and posted on the Secretariat’s CITES Secretariat prepared document considering submitting for Web site. When we completed the COP13 Doc. 1.2, the draft Rules of consideration at COP13, as well as for notice, the Secretariat had not yet made Procedure for COP13. The draft contains proposed amendments to the available documents for a number of the amendments to Rules 3.2, 3.5, and 15.1, Appendices that the United States was agenda items on the COP13 agenda. For and to the title of Rule 20 agreed to by considering submitting. On February 5, several other documents, we are still the Standing Committee at its 50th 2004, we held the public meeting working with other agencies in the meeting (SC50) in March 2004. As the announced in our second Federal United States and other CITES Parties in concerns raised by the United States to Register notice; at that meeting, we negotiating the U.S. position. The these amendments were addressed by discussed the issues contained in our documents for which we do not the Standing Committee, and are January 12 Federal Register notice and currently have tentative U.S. negotiating reflected in document CoP13 Doc. 1.2, in our Web site posting on the same positions are: COP13 Doc. 9.2.1, COP13 the United States supports the draft Doc. 17, COP13 Doc. 29.2, COP13 Doc. topic. In our third Federal Register Rules of Procedure. 29.3, and COP13 Doc. 56.2. notice, published on July 2, 2004 (69 FR 2. Election of Chairman and Vice- 40411), we announced the provisional In the discussion that follows, we Chairman of the meeting and of agenda for COP13, solicited public have included a brief description of Chairman of Committees I and II (No comment on items on the provisional each proposed resolution, agenda item, document). Tentative U.S. negotiating agenda, and announced a public or species proposal submitted by other position: Undecided. According to meeting to discuss the agenda items. countries or the Secretariat, followed by tradition, the host country—in this case, That public meeting was held on August a brief explanation of the tentative U.S. Thailand—will provide the Conference negotiating position for that item. New 12, 2004. Chair. The United States will support information that may become available the election of Committee Chairs and a You may locate our regulations at COP13 could lead to modifications of Vice-Chair of the Conference who have governing this public process in 50 CFR these positions. The U.S. delegation will the required technical knowledge and 23.31–23.39. Pursuant to 50 CFR 23.38 fully disclose changes in our negotiating skills and also reflect the geographic (a), the Director has decided to suspend positions and the explanations for those and cultural diversity of the CITES the procedure for publishing a notice of changes during public briefings at Parties. final negotiating positions in the COP13. The United States is concerned 3. Adoption of the agenda (Doc. 3). Federal Register because time and about the budgetary implications and Tentative U.S. negotiating position: resources needed to prepare a Federal workload burden that will be placed Support. Register notice would detract from upon the Parties, the Committees, and 4. Adoption of the working essential preparation for COP13. the Secretariat and intends to review all programme (Doc. 4). Tentative U.S.

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negotiating position: Support. Prior to a following COP13. Canada will serve as that this CITES Masters Course is very COP the working programme is the North American regional worthwhile. However, due to current provisional and changes may be made to representative, and Mexico will serve as budgetary constraints, it must be clear it prior to the start of COP13 or at the the alternate representative. that any funding for this course must beginning of the COP. The United States 8. Financing and budgeting of the come from sources other than the CITES supports the provisional working Secretariat and of meetings of the Trust Fund, such as external sources, programme posted at the time this Conference of the Parties. Tentative U.S. including voluntary contributions from notice was prepared. negotiating position on Agenda Items Parties. 5. Credentials Committee: 8.1, 8.2, and 8.3: Undecided. These are The final recommendation of the 5.1 Establishment of the Credentials comprehensive documents that require Chairman is to provide US$30,000 Committee (No document). Tentative extensive review, internal discussion, annually to assist the Chairman of the U.S. negotiating position: Undecided. and analysis of the financial Animals Committee, if sufficient 5.2 Report of the Credentials implications for Parties and the impact financial and technical support is not Committee (No document). Tentative on the work of the Secretariat and the provided by the Chairman’s own U.S. negotiating position: Undecided. Committees. The United States will government or institution. Due to The United States will follow the work review the documents carefully, bearing budget limitations and recent efforts by of the Credentials Committee and in mind the need to balance tasks with the Parties to contain costs for the intervene as appropriate. available resources. We advocate fiscal Convention’s operations, it is unlikely 6. Admission of observers (Doc. 6). responsibility and accountability on the that a decision can be taken at this time Tentative U.S. negotiating position: part of the Secretariat and the to provide additional funding to support Undecided. A document for this agenda Conference of the Parties and plan to the Chairmen of the two scientific item is not normally distributed prior to actively participate in the budget committees (assuming a similar amount the start of a COP. In accordance with discussions at COP13. We further should go to each). Based on Article XI of the Convention, support a budget that represents zero- discussions from the recent meetings of organizations technically qualified in growth in Parties’ voluntary the scientific committees, we realize protection, conservation or management contributions. that this proposal may not be to provide of wild fauna and flora may participate 8.4 External funding (Doc. 8.4). funding for the current Chairman, but in a COP. After being approved as an Tentative U.S. negotiating position: for future Chairmen of both committees observer, a nongovernmental Support. External funding is financial if they come from developing countries organization (NGO) is admitted to the support provided by Parties and NGOs or small institutions without the COP, unless one-third of the Parties for projects approved as CITES priorities capability of providing the necessary object. National NGOs are admitted as by the Standing Committee. The support for the Chairmen to execute observers if their headquarters are external funding procedure is designed their duties. The United States suggests, located in a CITES Party country and if to avoid conflicts of interest (real or therefore, that this issue be included in the national government of that Party apparent) when approving projects and the review of the scientific committees approves their attendance at the COP. channeling funds between the provider proposed by Australia (CoP13 Doc. International NGOs are admitted by and the recipient. The United States 11.1). approval of the CITES Secretariat. The continues to support the efforts to 9.1.2 Election of new regional and United States supports admission to the identify appropriate sources of external alternate regional members (No meeting of all technically qualified funding, with the oversight of the document). Tentative U.S. negotiating NGOs, and the United States opposes Standing Committee. position: Support. Following unreasonable limitations on their full 9. Committee reports and consultation with Canada and Mexico, participation as observers at COP13. In recommendations— the North American region has reached addition, the United States supports 9.1 Animals Committee: a consensus decision concerning the flexibility and openness in the process 9.1.1 Report of the Chairman (Doc. Animals Committee representation for disseminating documents produced 9.1.1). Tentative U.S. negotiating following COP13. Mr. Rodrigo A. by NGOs to Party delegates, which are position: Support with exceptions. This Medellin of Mexico will serve as the vital to decision-making and scientific report is largely a summary of activities North American regional representative, and technical understanding. conducted by the Animals Committee, and Mr. Robert R. Gabel of the United 7. Matters related to the Standing or particularly by the Chairman, since States will serve as the alternate Committee: COP12. Many of these activities are representative. 7.1 Report of the Chairman (Doc. covered by other COP13 agenda items. 9.2 Plants Committee: 7.1). Tentative U.S. negotiating position: There are several recommendations at 9.2.2 Election of new regional and Support. The United States, as Chair of the end of the report, many of which the alternate regional members (No the Committee, will prepare this United States supports. However, some document). Tentative U.S. negotiating requisite report on the execution of the of these carry financial implications for position: Support. Following Committee’s responsibilities and its the Convention. Under his consultation with Canada and Mexico, activities between COP12 and COP13. ‘‘Recommendations regarding training,’’ the North American region has reached 7.2 Election of new regional and the Chairman suggests that the Parties a consensus decision concerning the alternate regional members (No adopt two decisions, one directing the Plants Committee representation document). Tentative U.S. negotiating Parties to provide financial support for following COP13. Mr. Robert R. Gabel of position: Support. The U.S. term as the CITES Masters Course conducted by the United States will serve as the North North American regional representative the University of Cordoba in Spain, and American regional representative to the to the Standing Committee will end at the second one directing the Standing Plants Committee, and Ms. Carolina the end of COP13. Following Committee and the Secretariat to seek Caceres of Canada will serve as the consultation with Canada and Mexico, external funding to support students for alternate representative until April the North American region has reached the course from developing countries 2005, after which time, Dr. Adrianne a consensus decision concerning the and countries with economies in Sinclair, also of Canada, will serve as Standing Committee representation transition. The United States believes the alternate representative.

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9.3 Nomenclature Committee: activities of the two technical way standard references for taxonomy 9.3.1 Report of the Nomenclature committees that are anticipated to result and nomenclature are being handled Committee (Doc. 9.3.1). Tentative U.S. in recommendations that will contribute since COP12, and how changes to negotiating position: Undecided. The significantly to important decisions and standard nomenclature can occur report contains numerous actions by the Parties. However, we without input or review from the recommendations regarding the agree that the Parties need to seek Conference of the Parties. adoption of standard nomenclatural and efficiencies, which should include an 12. Cooperation with other taxonomic references, and we are still objective evaluation of the current organizations— evaluating them and consulting with committee structure, the overall 12.1 Synergy between CITES and experts. effectiveness of the committees in CBD: 9.3.2. Appointment of the members dealing with all of the issues referred to 12.1.1 Achieving greater synergy in (No document). Tentative U.S. them, the workload of each committee, CITES and CBD implementation (Doc. negotiating position: Support. With the and how the committees conduct their 12.1.1; Ireland). resignation of one of the two members business. Tentative U.S. negotiating position: of the Nomenclature Committee, a new 11.2 Improving regional Oppose with exception. Following an member will have to be appointed. The communication and representation expert workshop on promoting United States supports the appointment (Doc. 11.2; Animals and Plants cooperation and synergy between CITES of an individual with the appropriate Committees). Tentative U.S. negotiating and the Convention on Biological expertise in the nomenclature of fauna position: Support. Although this Diversity (CBD), held on the Isle of to the Committee. document is not yet available, the Vilm, Germany, April 20–24, 2004, the 10. Strategic Vision (Doc. 10). United States has attended recent Member States of the European Tentative U.S. negotiating position: meetings of the Animals and Plants Community endorsed in principle the Support. The Strategic Vision through Committee where this issue was overall objectives of that workshop and 2005 presents an overview of the discussed. We anticipate that this recommended a substantive discussion specific aims of the Convention, document will contain a number of of its report at COP13 with a view to the outlines seven specific goals to meet the recommendations to improve regional adoption of some of the Convention’s mission, and identifies communication and more effective recommendations. While we find the specific objectives to provide focus to representation and participation on the intent behind the Vilm workshop the Parties in their implementation of technical committees, particularly in supportive of moving forward a better the Convention, its Committees and the large regions with many developing and practical synergy between the two Secretariat, as well as to serve as an countries. The United States has Conventions, we do not support effective outreach and educational tool. supported these discussions and Ireland’s proposal to refer the At SC50, the Committee submitted a believes any efforts to improve the recommendations of the workshop to draft decision to the Secretariat, for effectiveness of the Convention should the CITES Committees and the CBD adoption at COP13, to extend the time be supported. Liaison Group. We believe that it is of validity of the Strategic Vision 11.3 Standard nomenclature and the premature at this time to incorporate the through 2005 and its Action plan, until operation of the Nomenclature findings and recommendations of the the end of 2007. The decision would Committee (Doc. 11.3; Mexico). workshop into the Work Plan attached also establish a Strategic Plan Working Tentative U.S. negotiating position: to the MOU. The workshop was not an Group as a subcommittee of the Support with exceptions. Because of official meeting of either CITES or the Standing Committee, which would recent controversy in the Animals and CBD, and few Parties had the develop a proposal for submission to Plants Committees over nomenclatural opportunity to provide information and COP14 for a Strategic Vision and Action changes that have been adopted, as well insight into the recommendations and Plan through 2013. The United States as a change in how standard references conclusions. Recognizing the effort that supports the proposed extension and are adopted and incorporated for use by went into this workshop, we suggest the establishment of a Strategic Plan the Parties, Mexico has submitted this that a Standing Committee working Working Group. document in which it recommends group, if financial support can be 11. Review of permanent committees: various changes, including possible secured, be formed to report to the 11.1 Review of the scientific changes to the terms of reference and Parties at COP14 on improving synergy committees (Doc. 11.1; Australia). makeup of the Nomenclature between the two Conventions as Tentative U.S. negotiating position: Committee. We agree that these are recommended in this workshop report. Support. Australia proposes that the important issues that have caused We recommend that the CBD Secretariat Standing Committee conduct a review significant concern among the Parties at and the CBD Liaison Group be invited to determine whether the current the meetings of the technical to participate in the working group in Animals and Plants Committees are the committees. However, we are unsure if order to ensure full participation and most efficient and effective means of all of the recommendations made by cooperation by both Conventions and providing scientific advice to the Mexico are warranted or may their Parties. Convention and the Parties. They themselves cause additional difficulties. 12.1.2 Sustainable use principles propose that a working group develop For example, expanding the and guidelines (Doc. 12.1.2; Namibia). terms of reference to conduct the membership of the Nomenclature Tentative U.S. negotiating position: review. We do not fully agree that the Committee may incur more costs for the Undecided. Namibia has submitted a current two scientific committees have Convention and make the committee draft resolution to promote not provided information that informs itself more inefficient due to the collaboration between CITES and the the decisions of the Parties, or that the controversial nature of nomenclature CBD concerning the issue of sustainable Parties are not consistent in heeding the and taxonomy. We note that overall the use. In particular, the draft resolution recommendations of these committees. Nomenclature Committee has served the asks CITES to adopt the definition of Currently, the review of the listing Parties well. However, the United States sustainable use contained in the Articles criteria, Significant Trade Review, and shares the concerns of Mexico and other of the CBD, and seeks help from CITES the Review of the Appendices are Parties with regard to the change in the in the dissemination of the CBD’s Addis

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Ababa Principles and Guidelines for the Japan calls for a brief report from the 14. Financing of the conservation of Sustainable Use of Biodiversity, Chairman of the Standing Committee on and sustainable international trade in including their application to making the negotiations with FAO and asks the species of wild fauna and flora (Doc. CITES non-detriment findings. We are Parties to extend the timeline for this 14). Tentative U.S. negotiating position: evaluating the potential implications process. The Chairman of the Standing Support with exception. This document and relevance of adopting these Committee and the CITES Secretariat describes the analysis and evaluation of principles and definitions to CITES have developed draft MOU text guided information received by the Secretariat operations. by input from the Parties and discussion in response to Decisions 12.25 and 12.2 CITES listing of whale stocks with FAO. We strongly support the 12.26. The United States supports these and the International Whaling negotiation of an MOU between CITES efforts and the Secretariat’s exploration Commission (Doc. 12.2; Japan). and FAO to facilitate cooperation on of the feasibility of a designated Tentative U.S. negotiating position: marine issues. The United States has financial mechanism for Undecided. This is a draft resolution worked with Japan and other Parties to implementation of the Convention, that, if adopted, would call on the promote establishment of this MOU. provided that the Secretariat reports its International Whaling Commission Negotiations between the Chairman of findings to and requests advice from the (IWC) to complete a global plan for the Standing Committee and FAO to Standing Committee between COPs. regulating and managing commercial reconcile the two drafts are ongoing 15. Report of the African elephant whaling activities. The IWC has been under a procedure established by the dialogue meeting (Doc. 15). Tentative developing the Revised Management Standing Committee and we are hopeful U.S. negotiating position: Undecided Scheme (RMS) for several years, and the that an agreement will be concluded by until document is available for review. United States continues to advocate its COP13. However, we find Japan’s The African elephant dialogue meeting completion. Although we are inclined to recommendations unnecessary from a is scheduled to be held in Bangkok, support the short operative sentence of procedural standpoint, since there is a Thailand, immediately prior to the start Japan’s resolution, we disagree with the process already under way to conclude of COP13. When we receive the basic foundation and controversial the agreement, and we are concerned document, we will review it closely and remarks in the preamble. We plan to that taking it back to the Conference of develop our position. We note, however, work bilaterally with Japan before the Parties before it is concluded that we support the range States COP13 to achieve a more neutral undermines the intensive work of the dialogue process for debating multi- document that may be more acceptable Standing Committee. national species issues, and the United to a majority of Parties. 12.5 Statements of representatives of States provided funding for this meeting 12.3 Revision of Resolution Conf. other conventions and agreements (No through a grant under the African 12.4 on Cooperation between CITES and document). Tentative U.S. negotiating Elephant Conservation Act. the Commission for the Conservation of position: Support. The United States Antarctic Marine Living Resources supports ongoing dialogue between Interpretation and Implementation of regarding trade in toothfish (Doc. 12.3; CITES and other relevant and related the Convention Australia). Tentative U.S. negotiating conventions and agreements, and Review of Resolutions and Decisions position: Support. Australia’s proposed believes statements from them can be amendments to Resolution Conf. 12.4 valuable at a COP. 16. Review of Resolutions (Doc. 16). would make reporting by CITES Parties 13. Economic incentives and trade Tentative U.S. negotiating position: to the CITES Secretariat on their use of policy (Doc. 13). Tentative U.S. Support with the exceptions noted CCAMLR Dissostichus Catch Documents negotiating position: Oppose. This below. (DCDs), and the Secretariat’s document provides a report of activities Review of Resolution Conf. 4.6 (Rev. transmission of those reports to conducted under Decision 12.22 on CoP12). Support. The proposed change CCAMLR, an ongoing effort. They note Economic Incentives and Trade Policy would establish the effective date of that the decisions calling for such and recommends further work on resolutions adopted by the Conference reports (12.57 and 12.58) applied only National Trade Policy Reviews and a of the Parties as 90 days after the to 2003 and they see merit in continuing second workshop on how Economic meeting, rather than the date on which the practice on an annual basis. The Incentives can be designed to further the the resolutions are sent to the Parties by proposal would also change references specific implementation of CITES. This the Secretariat. It would set a firm date to ‘‘illicit, unregulated and unreported Secretariat-driven and low priority for implementation of resolutions, and fishing’’ to ‘‘illegal, unreported and initiative, as compared to important mean that resolutions and species unregulated fishing (IUU)’’ in order to CITES considerations on capacity- listings generally become effective on explicitly recognize that IUU fishing building, legislation development, and the same date. poses a threat to toothfish populations. technical support to Parties, has rapidly Review of Resolution Conf. 5.11. The United States supports continued expanded since COP12 and produced a Support. The proposed new resolution cooperation between CITES and massive output of activities and would resolve confusion surrounding CCAMLR and Australia’s proposed recommendations that requires the the trade in pre-Convention specimens amendments to Resolution Conf. 12.4. review of the Secretariat, the Parties, by recommending that Parties use the 12.4 Cooperation with the Food and and the Committees. The United States date a species was first listed to decide Agriculture Organization of the United opposes this initiative as it has great whether to issue a pre-Convention Nations (Doc. 12.4; Japan). Tentative potential to continue to draw more and certificate. U.S. negotiating position: Oppose. This more of the already overburdened Review of Resolution Conf. 9.21. document was submitted by Japan for Secretariat’s time and technical Support. These proposed changes consideration in the event that a expertise away from other much more clarify that a Party that wants the Memorandum of Understanding (MOU) urgent and high priority needs. We are Conference of the Parties to either between CITES and the Food and also concerned that this initiative will establish or amend an export quota for Agricultural Organization of the United compete with high priority needs for an Appendix I species must submit a Nations (FAO) has not been signed by limited international funds and the proposal, which includes details of the COP13. If there is no MOU in place, Secretariat’s fundraising efforts. scientific basis for the proposed quota,

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150 days before the meeting at which it Regular and Special Reports the Namibian black rhino population is is to be considered. These procedures 18. Reporting requirements (Doc. 18). categorized as Vulnerable by IUCN would help Parties make sound Tentative U.S. negotiating position: (2003), instead of Critically Endangered decisions on export quotas. Support. In this document the as for the rest of the species. However, Consolidation of Resolution Conf. Secretariat reports on the issues we are also aware that range countries 10.6 on control of trade in tourist addressed by the Standing Committee’s still must take unusual measures to souvenir specimens and Resolution Working Group on Reporting protect black rhinos due to continued Conf. 12.9 on personal and household Requirements and endorsed by the poaching and demand for illegal trade. effects. Support. Combining these two Standing Committee, and makes a Therefore, we are still evaluating the potential impact that adoption of such resolutions would reduce the number of number of recommendations including a proposal may have on black rhino resolutions and provide one document that the Parties adopt: the draft biennial conservation, particularly as it may that addresses the interpretation of report format provided in Annex 4 of affect other range countries. We also personal and household effects. We the document; the draft revisions of note that under the United States believe the Parties might want to further Resolutions Conf. 11.17 (Rev. COP12) Endangered Species Act, the black consolidate duplicative paragraphs and 4.6 (Rev. COP12) provided in rhinoceros is listed as endangered. The relating to the sale of Appendix I tourist Annexes 1 and 2 of the document; and historic practice under our stricter souvenirs at international airports and the two draft decisions provided in domestic measure is that the necessary borders. Annex 3 of the document. The United findings to allow such imports into the Review of Resolutions Conf. 10.16 States supports adoption of the biennial (Rev.) and Conf. 12.10. Oppose with United States have not been made, and report format and generally supports the pending any change in practice, the exception. The goal of the proposed other recommendations in this changes is to harmonize the language in United States would not allow imports document. of sport hunted trophies. two different resolutions. We support 19. Appendix I species subject to the proposed change to the preamble of 19.4 Black rhinoceros: export quota export quotas: for South Africa (Doc. 19.4; South Resolution Conf. 10.16 (Rev.) on animal 19.1 Leopard: export quota for species bred in captivity. We oppose the Africa). Tentative U.S. negotiating Namibia (Doc. 19.1; Namibia). Tentative position: Undecided. South Africa seeks proposal to add a reference to Article III U.S. negotiating position: Support. to the definition of the term ‘‘bred for approval to establish an export quota for Namibia seeks approval for the increase 10 adult male black rhinoceros (Diceros non-commercial purposes’’ in of its leopard export quota from 100 to bicornis minor) hunting trophies. The Resolution Conf. 12.10. Article III 250 animals. The proposed new quota proposed quota represents an annual contains the basic provisions on trade in represents a take of less than 5% of an take of approximately 1.0% of the Appendix I specimens and should not estimated 8,038 leopards in the country. estimated current population of 1,200 be included in the definition of an Thus, it is unlikely that, if properly black rhinos in the country. However, exemption under Article VII. managed, the proposed new quota will there are outstanding questions about Review of Resolution Conf. 11.11. have a negative impact on the species. the overall management program Support with exception. The proposal is 19.2 Leopard: export quota for South including the initial size of the quota, its to delete the reference to the no-longer- Africa (Doc. 19.2; South Africa). ° effective allocation and monitoring used annotation 608 on the CITES list Tentative U.S. negotiating position: within the private sector, individual and replace it with an example of ‘‘see Oppose. South Africa seeks approval for trophy selection process, and the annotation to Orchidaceae spp the increase of its leopard export quota transparency in the use of revenues ***’’ The United States agrees that from 75 to 150 animals. However, ° generated for in-situ black rhino the reference to annotation 608 needs according to the proposal, there is no conservation. We also note that under to be deleted, but believes that the nationwide leopard population estimate the United States Endangered Species recommendation of the Plants or trend information available. Thus, Act, the black rhinoceros is listed as Committee working group (see COP13 there is no clear justification for this endangered. The historic practice under Doc 51) to not use an example is a better increase. Unless there is additional our stricter domestic measure is that the approach. The use of ‘‘Orchidaceae information forthcoming from the necessary findings to allow such spp.’’ is misleading since the current proponent to support this proposal; the imports into the United States have not exclusion from CITES controls applies United States cannot support the been made, and pending any change in only to artificially propagated hybrids of proposed increase. practice, the United States would not Phalaenopsis under specific conditions 19.3 Black rhinoceros: export quota allow imports of sport hunted trophies. or to a few artificially propagated for Namibia (Doc. 19.3; Namibia). 20. Trade in vicun˜ a cloth (Doc. 20). ‘‘supermarket’’ cacti hybrids. Tentative U.S. negotiating position: Tentative U.S. negotiating position: Review of Resolution Conf. 11.21. Undecided. Namibia seeks approval for Support. The Secretariat has submitted Support with exception. We agree that the establishment of an export quota for a report in accordance with Resolution the new format used by the Secretariat 5 adult male black rhinoceros (Diceros Conf. 11.6 that includes information for to publish the CITES list after COP12 bicornis bicornis) hunting trophies. The each range country on vicun˜ a cloth necessitates the revision of this proposed quota represents an annual exports, numbers of animals sheared, resolution on annotations. We find, take of less than 0.5% of the estimated and the local populations to which the however, that the revised language in current population of 1,134 black rhinos animals belong. The Secretariat suggests paragraph b) of the first agrees relating in the country. In addition, the quota that these trade data should be to export quotas to be confusing. would apply only to ‘‘surplus’’ male incorporated into the annual reports Because of the importance of CITES- rhinos, primarily post-reproductive or instead of reported separately. adopted export quotas, we suggest problem animals, designated by Therefore, the Secretariat recommends deleting the reference to export quotas Namibia’s Management Authority. deleting paragraph (b) of Resolution from b)i) and b)ii) and adding a separate Thus, the proposed quota appears to be Conf. 11.6, which requires these reports. subparagraph ‘‘and; iii) annotations that sustainable, based on an evaluation of In addition, because paragraph (a) of specify an export quota;’’ the Namibian population. We note that Resolution Conf. 11.6 is redundant to

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the annotations for Appendix II vicun˜ a Decision 12.84, the Standing Committee Secretariat on the progress made in populations, the Secretariat is currently reviewing draft Guidelines controlling illegal trade in bear recommends the repeal of Resolution on Compliance with the Convention, specimens to submit the requested Conf. 11.6 entirely. through an intersessional working reports. The document lists the Parties 21. Transport of live specimens (Doc. group. The Committee also established that have provided reports and 21). Tentative U.S. negotiating position: a process for the working group to create describes measures taken in attempting Support. The United States is a member a document for consideration at SC53. to get reports from those Parties that had of the Transport Working Group and The United States believes this not yet responded to Decision 12.27. supports the recommendation to collaborative process should be allowed The Secretariat will report at COP13 on encourage exchange of information on to continue and considers it premature any new reports or additional transport of live animals and plants to bring this issue to COP13. information relating to bears. The between the Animals and Plants United States supports the Secretariat in Species Trade and Conservation Issues Committees, and to broaden the scope of its effort to obtain information from Resolution Conf. 10.21 to include the 26. Conservation of and trade in great Parties relating to the trade in bear transportation of live plants, as well as apes (Doc. 26; Ireland). Tentative U.S. specimens and looks forward to the live animals. We also welcome the negotiating position: Support the draft Secretariat’s report at COP13. The recommendation to revise requirements decision with exception, and oppose the United States also supports the Irish regarding the collection, submission and draft resolution. Ireland, on behalf of the proposal (COP13 Doc. 26) to develop a analysis of data on mortality and injury Member States of the European holistic, rather than species-specific, or damage to health during transport of Community, has submitted a document approach to eliminate the illegal live specimens. that includes a draft resolution urging international commercial trade in all Parties to adopt and implement General Compliance Issues Appendix I specimens and assist Parties legislation protecting great apes, in mitigating or eliminating detrimental 22. National laws for implementation including prohibiting all international domestic trade in those same of the Convention (Doc. 22). Tentative and internal commercial trade of wild- specimens. U.S. negotiating position: Support. The caught specimens and strengthening 28. Conservation of and trade in Asian United States supports the proposed enforcement controls, including anti- big cats (Doc. 28). Tentative U.S. decisions, which would continue and poaching measures. The draft resolution negotiating position: Support. In this expand the current review of national directs the Secretariat to work with document, the Secretariat presents a laws. The United States strongly Parties, and as a member of the Great progress report on activities regarding believes that the Convention’s Ape Survival Project (GRASP) conservation of and trade in Asian big effectiveness is undermined when Party partnership, to develop measures to cats and non-commercial trade in States do not have adequate national reduce and ultimately eliminate illegal specimens of Appendix I species. The laws in place for implementing CITES. trade in great apes. The document also United States supports continued work 23. Enforcement matters (Doc. 23). includes a draft decision directing the on the issues of Asian big cat Tentative U.S. negotiating position: Secretariat to prepare a consolidated conservation and is concerned that Support. The United States supports the Resolution concerning the enforcement commercial trade in Appendix I species proposed decisions, which would of trade controls in all Appendix I by professional dealers is continuing. improve the flow of enforcement-related species, to be considered at COP14. We urge the relevant range States to information among enforcement The United States supports the draft implement the recommendations arising officials, and provide needed guidance decision and believes a comprehensive from the CITES Technical and Political to the public on how to submit process should be developed, possibly Tiger Missions. The United States also enforcement-related information to the through a working group, whereby supports the Irish proposal (COP13 Doc. Secretariat. mechanisms from other processes (e.g., 26) to develop a holistic, rather than 24. Revision of Resolution Conf. 11.3 Significant Trade Review, National species-specific, approach to eliminate on Compliance and enforcement (Doc. Legislation Project) might be used to the illegal international commercial 24; Kenya). Tentative U.S. negotiating develop a standardized approach for trade in all Appendix I specimens and position: Oppose. The United States addressing enforcement of trade assist Parties in mitigating or supports the general issues of controls for all Appendix I species. The eliminating detrimental domestic trade compliance and enforcement and United States supports the principles in those same specimens. supports the proposed decisions and goals of the draft resolution on the 29. Elephants: concerning these issues presented in conservation of and trade in great apes, 29.1 Trade in elephant specimens Doc. 23. The United States does not but we do not support the draft (Doc. 29.1). Tentative U.S. negotiating support the use of limited Secretariat resolution itself. While we applaud the position: Undecided, pending outcome enforcement staff and resources to efforts of GRASP, adopting the draft of the African elephant dialogue restore the creation of the infractions resolution included in this document meeting. This document was submitted report that at past COPs proved would create yet another species- by the Secretariat to report on work controversial, inaccurate, and of limited specific resolution. Many of the goals accomplished under Resolution Conf. use for actual enforcement efforts. outlined in this draft resolution are 10.10 (Rev. COP12) and Decision 12.39. 25. Guidelines on compliance with already being addressed by the CITES Decision 12.39 directed the Secretariat the Convention (Doc. 25; Ireland). Bushmeat Working Group and we to assess countries with currently active Tentative U.S. negotiating position: believe that they should be addressed as internal ivory markets. The Secretariat Oppose. The United States does not part of the larger bushmeat issue. has suggested that it may be more support the proposal to open discussion 27. Conservation of and trade in bears effective to develop sub-regional on this document. We also oppose the (Doc. 27). Tentative U.S. negotiating strategies to work with Parties in west establishment of a Compliance Working position: Support. This report was and central Africa, where the majority of Group pending the completion of the prepared by the Secretariat in response illegal ivory appears to originate, than to process currently underway in the to Decision 12.27, which required the confine work to the 10 Parties identified Standing Committee. Pursuant to Parties that did not report to the in the original Decision 12.39. Toward

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that end, a draft work plan was attached options presented in this paper appear to consider further actions for this as an annex to the report. The United either to involve trade in violation of species at AC19. States supports the development of sub- existing resolutions and decisions or 33. Conservation of and trade in regional strategies and looks forward to scenarios with little real chance for tortoises and freshwater turtles (Doc. the results of the African elephant range success. 33). Tentative U.S. negotiating position: States dialogue. 30. Conservation of and trade in Support. This is primarily a report by 29.4 Illegal ivory trade and control rhinoceroses (Doc. 30). Tentative U.S. the Secretariat on activities related to of internal markets (Doc. 29.4; Kenya). negotiating position: Support. The these species since COP12. The Tentative U.S. negotiating position: Secretariat recommends the repeal of document includes information from Oppose. This document submitted by Resolution Conf. 9.14 (Rev.) because it three range countries, China, Japan, and Kenya provides background information believes that the value of the Resolution Malaysia, which was submitted to the on domestic ivory markets around the is doubtful and the administrative Secretariat to comply with Decision world and notes concerns that illegal burden it places on the Parties is of little 12.41. This information shows that the ivory trade may present a threat to benefit. Additionally, as of the report three range countries have made elephant populations. Kenya supports submission deadline of April 2, 2004, significant progress in meeting the the Secretariat’s draft work plan (SC50 the Secretariat had not received any recommendations of Resolution Conf. Doc. 21.1, Annex) and proposes that it reports from Parties on conservation of 11.9 on Conservation of and trade in be incorporated into Resolution Conf. and trade in rhinoceroses. We tortoises and freshwater turtles. The 10.10 (Rev.COP12), except for an sympathize with the Secretariat’s United States concurs with the exemption for Zimbabwe. It also frustration over the poor rate of report Secretariat’s recommendations for range proposes additional amendments to submission, and the United States also countries to continue their efforts for Resolution Conf. 10.10 (Rev.COP12), supports the Irish proposal (CoP13 Doc. these species; to have the Animals including a 20-year moratorium on 26) to develop a holistic, rather than Committee continue to provide ivory trade, except for non-commercial species-specific, approach to eliminate scientific guidance to range countries on trade in hunting trophies, following the illegal international commercial the conservation and management of completion of sales approved at COP12. trade in all Appendix I specimens and these species, especially with regard to In addition to the amendments, Kenya assist Parties in mitigating or the recommendations from the 2002 has put forward three draft decisions eliminating detrimental domestic trade Kunming workshop on turtle and regarding implementation of the in those same specimens. tortoise trade; and to have Asian range amended resolution. While the United 31. Conservation of and control of countries for these species continue to States can appreciate Kenya’s position trade in Tibetan antelope (Doc. 31). report on progress in this area. relative to conservation efforts for Tentative U.S. negotiating position: 34. Conservation of hawksbill turtle African elephants we believe that this Support. In compliance with Decision (Doc. 34). Tentative U.S. negotiating issue is being addressed in a methodical 12.40, the Secretariat undertook an position: Oppose. The CITES Secretariat and analytical way through the Standing Committee and the African Range States enforcement needs mission to China has raised partial funding for a meeting Dialogue meetings. We look forward to and submitted a report to the Standing of the wider Caribbean region on the consideration during the African Committee (SC50 Doc. 20), and this hawksbill conservation and Elephant Range States Dialogue of a information will be relayed to COP13. management, as directed under Decision work plan to address domestic trade Therefore, the Secretariat is 12.46. However, full funding is not problem in source range countries. recommending that paragraphs (b) and available for such a meeting, and there 29.5 Conditions for the export of (c) under ‘‘DIRECTS’’ in Resolution is currently no proposal to amend the registered stocks of ivory in the Conf. 11.8 (Rev. COP12) be deleted Appendices or to take other actions with annotation to the Appendix II listing of because the reporting requirements have regard to this species at COP13. The populations of Loxodonta africana in been met. However, because legislation United States suggests that the funding Botswana, Namibia and South Africa to prohibit processing and trade in raised for the Caribbean hawksbill (Doc. 29.5; Kenya). Tentative U.S. Tibetan antelope wool in the State of meeting could be redirected to support negotiating position: Oppose. Kenya Jammu and Kashmir, India, is not being monitoring activities agreed to by the asks that the Parties re-examine the enforced, the Secretariat also Parties at COP12 and to promote geographical scope and nature of recommends that the following wording cooperation among CITES and other Monitoring of Illegal Killing of be inserted in the resolution at the end relevant bodies and multilateral Elephants (MIKE) baseline data agreed of paragraph a) under URGES, ‘‘and, in agreements in the absence of such a at SC49 and the mechanism for particular, that the State of Jammu and regional meeting. determining detrimental impacts on Kashmir in India halts the processing of 35. Conservation and management of elephant populations agreed at SC50. such wool and the manufacture of sharks (Doc. 35). Tentative U.S. Kenya proposes two draft decisions. The shahtoosh products.’’ negotiating position: Undecided. Under United States supports the decisions of 32. Conservation of Saiga tatarica Decision 12.47, the Chairman of the the Standing Committee and is opposed (Doc. 32; Ireland). Tentative U.S. Animals Committee is to maintain a to reopening these discussions at negotiating position: Support. This liaison with the Secretary of the COP13. document contains a draft decision that, Committee on Fisheries of the FAO to 29.6 Ivory stocks in Burundi (Doc. if adopted, would establish a framework monitor progress in implementation of 29.4). Tentative U.S. negotiating of coordinated actions to be taken by all the International Plan of Action for the position: Oppose. The United States is stakeholders to conserve and protect the Conservation and Management of sympathetic to the Government of saiga antelope. The United States has a Sharks. This may be covered in the Burundi’s position, and will be longstanding interest in the saiga Report of the Chairman of the Animals interested in the outcome of any antelope and previously contributed Committee (Doc. 9.1.1), which was not discussions on this topic at the African financial support for the range State available by July 1, 2004. There was also Elephant Range States Dialogue workshop on this species in May 2002 no separate document posted under this meeting. However, for the most part, the in Kalmykia. We also urged the Parties agenda item by July 1, 2004.

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36. Conservation of and trade in deletions from Resolution Conf. 12.3 to development of terms of reference for Dissostichus species (Doc. 36). Tentative make it consistent with a proposed this review, both as a member of a joint U.S. negotiating position: Support. This annotation that exempts several types of working group of the Animals and document represents the Secretariat’s coral rock from the provisions of CITES. Plants Committees, and through report on work performed under three For reasons described below under discussions as an observer at meetings decisions agreed on at COP12 pertaining Prop. 36, we have serious concerns of the two committees. The United to toothfish. Decision 12.57 asked about the Animals Committee’s States believes an evaluation of the Parties to report to the Secretariat on approach to fossil corals. process will assist the Parties and the their use of CCAMLR Dissostichus Catch 39. Conservation of bigleaf two scientific committees to ensure that Documents. Information was received mahogany: report of the Working Group the Review of Significant Trade is from 10 Parties, including the United (Doc. 39). Tentative U.S. negotiating effective in improving the States, and is summarized in this position: Support. The second meeting implementation of the Convention for document. Copies of the full of the Bigleaf Mahogany Working Group Appendix II species traded in submissions were transmitted to (BMWG) was held October 6–8, 2003, in significant quantities. CCAMLR, as recommended in Decision Belem, Brazil. The recommendations Trade Control and Marking Issues 12.58, and the Secretariat attended from this meeting were circulated at CCAMLR’s 22nd Commission meeting, PC14 (February 2004). The Plants 42. Commercial trade in Appendix I as called for in Decision 12.59, to Committee prioritized the species (Doc. 42; Israel). Tentative U.S. promote cooperation between the two recommendations and developed a list negotiating position: Oppose with organizations. The Secretariat considers of the five most urgent ones. The exception. The United States supports that its obligations under these Secretariat then forwarded these five the principle behind this document and decisions have been met, but priority recommendations to the BMWG appreciates Israel’s efforts on this issue. recommends that information exchange so that they could be considered in the Israel proposes amending Resolution and cooperation between CITES and report to COP13. However, in the report Conf. 5.10 to clarify that when making CCAMLR should continue under it submitted to COP13 (Annex to CoP13 a determination of whether an import is Resolutions Conf. 12.4. The United Doc. 39), the BMWG included the same for ‘‘primarily commercial purposes,’’ States agrees that the Secretariat has long list of recommendations that were an importing Party should take into fulfilled its obligations under Decisions circulated at PC14, and did not take into account the nature of the transaction 12.57–12.59 and supports ongoing consideration the priority list developed between the exporter and the importer cooperation and information exchange by the Plants Committee. In Document to ensure that a commercial transaction between CITES and CCAMLR. CoP13 Doc. 39, the Secretariat does not underlie the transfer of 37. Sea cucumbers: recommends that the Parties take note of Appendix I specimens. The United 37.1 Trade in sea cucumbers in the the report of the BMWG and turn the States agrees that there appears to be a families Holothuriidae and five priority actions recommended by loop-hole in implementation of this Stichopodidae (Doc. 37.1; Animals the Plants Committee into decisions resolution, and that some Appendix I Committee). Tentative U.S. negotiating directed to range countries. The specimens are being transferred for position: Undecided. Under Decision Secretariat also recommends that the commercial purposes. This is contrary 12.60, the Animals Committee was BMWG not continue after COP13 and to the fundamental principles of Article directed to prepare a discussion paper that, if the Parties determine that bigleaf II of the Convention that trade in on the biological and trade status of sea mahogany still requires special attention Appendix I specimens ‘‘* * * must cucumbers to provide guidance on after COP13, such attention should be only be authorized in exceptional actions needed for their conservation. given under the auspices of the Plants circumstances.’’ To close the apparent This paper should be a reflection of Committee. loop-hole, we encourage Parties to agree recommendations resulting from a The United States tentatively supports to a broader interpretation of ‘‘to be workshop on sea cucumber trade and the recommendation of the Secretariat used’’ for primarily commercial conservation convened by the that the Parties adopt the five priority purposes in Article III, paragraphs 3(c) Secretariat in February 2004 in actions recommended by the Plants and 5(c), whereby the importing Party Malaysia. Committee as decisions directed to would look at both the intended use in 37.2 Implementation of Decision range countries. The United States the importing country and the nature of 12.60 (Doc. 37.2; Ecuador). Tentative believes that special attention should the transaction between the exporter U.S. negotiating position: Support. still be given to bigleaf mahogany after and importer. However, we believe that Decision 12.60 directed the Animals COP13, but tentatively supports the many transfers have some commercial Committee to prepare a discussion Secretariat’s recommendation that the aspects, which does not automatically document on the trade and conservation BMWG not continue after COP13 but mean the import is for primarily of sea cucumbers for COP13. Ecuador’s that activities be undertaken under the commercial purposes. Thus, we believe paper notes that the Committee was auspices of the Plants Committee. that the importing Party in making its unable to meet the required deadlines 40. Evaluation of the Review of determination should ensure that the and proposes to extend the work until Significant Trade (Doc. 40). Tentative commercial transaction is not the COP14. The United States proposed this U.S. negotiating position: Support. This primary purpose of the transfer, rather work on sea cucumbers at COP12, and document presents the terms of than ‘‘ensure that a commercial is therefore eager to see a meaningful reference developed by the Animals and transaction does not underlie the output from the Animals Committee. Plants Committees for evaluating the transfer’’ as proposed by Israel. 38. Trade in stony corals (Doc. 38). process for the Review of Significant 43. Management of annual export Tentative U.S. negotiating position: Trade. The purpose of this evaluation is quotas (Doc. 43). Tentative U.S. Oppose. This document was prepared to assess the efficacy of the Significant negotiating position: Support. At by the Animals Committee and should Trade Review process and make COP12, the United States submitted the be considered along with Prop. 36 on possible recommendations for its document that provided the basis for the the amended annotation for fossil improvement. The United States has formation of the Export Quota Working corals. The document proposes specific been actively involved in the Group (EQWG). While we are

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disappointed that further progress on 46. Retrospective issuance of however, the United States would this issue has not been achieved since permits (Doc. 46; Ireland). Tentative require an export permit if the Party COP12, the United States supports the U.S. negotiating position: Oppose. requires an export permit, even if that approach outlined by the Secretariat Ireland, on behalf of the Member States Party had not notified the Secretariat of and approved by the Standing of the European Community, has the requirement. The United States also Committee. The United States will submitted a proposal to amend section supports Ireland’s and Australia’s remain engaged in this important XIII of Resolution Conf. 12.3 to expand proposals to add specimens of certain process because export quotas for the language concerning when a coral, shells of giant clam, and seahorse Appendix II species constitute one of retrospectively issued permit or to the current list of Appendix II species the primary controls on the trade in certificate could be accepted by Parties, that do not require CITES permits for Appendix II specimens under CITES, giving greater leniency in accepting personal effects when the quantities do and the management and such documents for non-commercial not exceed a specified number. We implementation of such quotas needs to shipments. The United States believes believe that the coral exemption needs be more consistent. that the current language in section XIII to be discussed to clarify if it includes 44. Use of CITES certificates with fully addresses this issue and does not manufactured products. Both lists could ATA or TIR carnets (Doc. 44). Tentative need to be expanded. assist enforcement personnel and help U.S. negotiating position: Support with 50. Plant specimens subject to facilitate trade in personal and exception. The United States supports exemptions (Doc. 50; Switzerland). household effects when such trade is this proposal, if it is amended to clarify Tentative U.S. negotiating position: not of conservation concern. However, that the official who is responsible for Support. Several exemptions allow the United States hopes that over time validating CITES documents would international trade in live plant the list of specimens does not become need to be the official to enter the carnet specimens without CITES permits until so long as to create a burden to number on the CITES document at the circumstances change and the plants no enforcement personnel. first point of exit. The proposal would longer qualify for the exemption. For 56. Operations that breed Appendix provide the appropriate level of example, a plant grown from an exempt I species in captivity for commercial monitoring of trade for CITES-listed flasked seedling or tissue culture purposes: 56.1 Evaluation of the process for sample collections that are being requires a CITES export permit to be registration (Doc. 56.1). Tentative U.S. exhibited at trade shows in a number of traded internationally. The United States supports this proposal, which negotiating position: Support. This countries before returning home. The would help Parties use consistent document presents the conclusions and first exporting country retains the information on CITES permits and, thus, recommendations derived from a review responsibility of ensuring that help in the analysis of trade data. of problems the Parties have specimens are legal and the trade is not 53. Revision of Resolution Conf. experienced in implementing the detrimental, while cross-border 9.10 (Rev.) on Disposal of illegally registration procedures contained in movement of sample collections is traded, confiscated and accumulated Resolution Conf. 12.10 for commercial facilitated by the CITES document being specimens (Doc. 53; Kenya). Tentative captive-breeding operations for accompanied by an ATA carnet. U.S. negotiating position: Support. The Appendix I species. The United States 45. Electronic permitting systems for United States supports the proposal to agrees with the Animals Committee that CITES specimens (Doc. 45; Ireland). replace language from Resolution Conf. it is too soon to recommend changes to Tentative U.S. negotiating position: 9.10 that was omitted during the Resolution Conf. 12.10, since this Oppose. Ireland, on behalf of the consolidation process. The United resolution has been revised at both Member States of the European States does not object to the addition of COP11 and COP12. However, the Community, has submitted a proposed language on disposal of Appendix III United States also agrees that the decision for the Secretariat to establish specimens and agrees that Parties have Standing Committee should examine guidelines for an electronic permitting the right to not sell confiscated dead the issue of trade in Appendix I species system for the Parties. This system Appendix II and III specimens. from non-registered commercial would eventually create a paper-less 54. Identification Manual (Doc. 54). breeding operations. permitting system that would allow Tentative U.S. negotiating position: The United States notes that the Parties to use IT technology for the Support. This document is a report from consultation process contained in the submission of applications, issuance of the Secretariat on progress in the current resolution has been valuable in documents, clearance at the port of development of identification materials precluding registration of operations— entry and reporting for all CITES for listed species. and preventing trade from them—when specimens. At SC50, the Working Group they were determined not to be Exemptions and Special Trade on Reporting Requirements producing specimens that meet the Provisions recommended that the Standing CITES definition of ‘‘bred in captivity.’’ Committee address this issue in its 55. Personal and household effects. 56.3 Relationship between ex situ report to COP13 and instruct the Tentative U.S. negotiating position on breeding and in situ conservation: Secretariat, in consultation with UNEP– Agenda Items 55.1, 55.2, and 55.3: 56.3.1 Report of the Animals WCMC and interested Parties, to Support with the exceptions noted Committee (Doc. 56.3.1). Tentative U.S. develop and test software and ‘‘internet- below. The United States supports negotiating position: Oppose. The based modules’’ for permit issuance and China’s proposal to have the Secretariat Animals Committee has spent reporting. The United States welcomes maintain a list by country of specific considerable time and effort on the discussion of this issue at COP13, but specimens that require an export permit evaluation of the relationship between believes that the majority of when traded as personal or household ex situ captive-breeding operations for recommendations in the document are effects. Importing Parties would Appendix I species and conservation of premature. We believe that the Standing generally assume that an export permit these species in situ. The United States Committee should continue to work on is not required if the exporting Party concurs that further deliberation on this this issue and that a Resolution on this had not notified the Secretariat of a issue within the Animals Committee issue is not appropriate at this time. requirement. Under the Lacey Act, could be time-consuming, with

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potentially no clear outcome. We agree 59. Standard nomenclature: proposal and have concluded that the that this issue is linked to other topics, 59.1 Standard nomenclature for term ‘‘in vitro cultivated DNA’’ is not such as the relationship between CITES birds (Doc. 59.1; Mexico). Tentative U.S. widely used in the scientific and the Convention on Biological negotiating position: Support. Since community, but that ‘‘synthetic DNA,’’ Diversity, but is not strictly related to COP12, at meetings of the Animals ‘‘amplified DNA,’’ or ‘‘replicated DNA’’ implementation of the Convention. The Committee, Mexico has raised concerns would be preferable. The United States United States believes the about the standard reference, Handbook also advocates the development of a recommendations contained in the of the Birds of the World (del Hoyo et clear definition of ‘‘fossil’’ so that, if this document from Mexico (Doc. 56.3.2) al., eds., 1997, 1999) adopted at COP12 proposal is adopted, implementation provide reasonable guidance to the for Psittaciformes (parrots and their problems can be avoided and so that the Parties on this issue and should relatives) and Trochilidae term is not interpreted so broadly as to preclude the need for further (hummingbirds). Mexico has raised be potentially detrimental to listed deliberations on this topic. As an questions about the scientific rigor species. alternative, the United States would behind the taxonomy presented in the Prop. 2. Exempt from the provisions advocate that the Parties focus more new reference, noting that it has also of the Convention in vitro cultivated broadly on measures that reduce trade complicated the listing of the yellow- DNA, urine and feces, synthetically threats to Appendix I species and headed amazon parrot (Amazona produced medicines and other encourage their conservation, with a ochrocephala) and its subspecies. pharmaceutical products, and fossils goal of eventual downlisting or even Mexico recommends that the Parties (Switzerland as the Depositary delisting from the Appendices. should return to using the reference by Government, at the request of the 56.3.2 Relationship between Sibley and Monroe (1990) as the Standing Committee). Tentative U.S. commercial ex situ breeding operations standard reference for taxonomy and negotiating position: Support with and in situ conservation of Appendix I nomenclature for all birds. The United exception. A similar proposal was species (Doc. 56.3.2; Mexico). Tentative States believes that Mexico’s submitted to COP12, but was withdrawn U.S. negotiating position: Support. The recommendation has merit, to reduce for technical reasons. This proposal United States has had a longstanding confusion (i.e., by maintaining a single stipulates that the exempted DNA as interest in issues related to the captive taxonomic reference for birds) and to be well as medicines and pharmaceutical breeding of Appendix I animals. We are conservative with regard to the use of products would not contain any part of supportive of efforts to consider how taxonomy that has had longstanding the original organism from which it was conservation of these species in the wild application in CITES. derived. The proposal reflects the can be encouraged, including through 59.2 Recognition of Chamaeleo outcome of deliberations of a working voluntary partnerships between range excubitor as a separate species (Doc. group, established by the Standing countries and captive-breeding 59.2; Kenya). Tentative U.S. negotiating Committee, in which the United States operations in non-range countries. position: Support. Kenya has provided participated. The United States already documentation and a rationale for exempts synthetic DNA, feces, and Amendment of the Appendices treating this taxon as a separate and urine from CITES requirements. As with 57. Criteria for amendments of distinct taxon from C. fischeri, with the previous proposal, we have Appendices I and II (Doc. 57). Tentative which it is currently treated as a concerns regarding the term ‘‘in vitro U.S. negotiating position: Support synonym. Kenya asks that this be cultivated DNA’’ and ‘‘fossil’’ (see Prop. although the document was not considered by the Nomenclature 1 above). available for review. The United States Committee to assist in the regulation Prop. 3. Transfer the Irrawaddy was an active participant in the process and monitoring of trade in this species. dolphin (Orcaella brevirostris) from to review and revise the existing We agree that it is entirely appropriate Appendix II to Appendix I (Thailand). criteria, having served as chairman or for the Nomenclature Committee to Tentative U.S. negotiating position: co-chairman of the listing criteria evaluate the situation and provide a Undecided. The Irrawaddy dolphin is working groups at PC13 (Geneva, recommendation on whether or not to widely distributed through bays and August 2003), AC19 (Geneva, August separate these two species of chameleon some rivers from Australia to the 2003), and AC20 (Johannesburg, March- in the CITES checklist. Philippines and into eastern India. The April 2004). Thus, we can anticipate the 60. Proposals to amend Appendices Standing Sub-Committee on Small content of the document. The document I and II (Doc. 60). Cetaceans of the Scientific Committee of will reflect a comprehensive evaluation Prop. 1. Exempt from the provisions the International Whaling Commission of the applicability of the criteria to a of the Convention in vitro cultivated recently reviewed the status of this wide range of taxa, which has served as DNA, cells or cell lines, urine and feces, species and reported that densities a basis for recommendations to revise medicines and other pharmaceutical appear to be low in most areas and Resolution Conf. 9.24. products, and fossils (Ireland). Tentative several populations are believed to be 58. Annotations for medicinal plants U.S. negotiating position: Oppose. The seriously depleted. The Sub-Committee in the Appendices (Doc. 58). Tentative proposal stipulates that the exempted expressed concern about reports of live U.S. negotiating position: Support. This DNA, cells or cell lines, and medicines capture from small populations of the document is a report on the Plants and pharmaceutical products would not species. Incidental take in fisheries and Committee’s review of medicinal plant contain any part of the original habitat degradation are also causes of annotations to harmonize the terms organism from which it was derived. concern. The proposal does not provide used, so that they accurately refer to the This proposal is similar to the next much information about the current parts and derivatives included in a proposal (Prop. 2), but includes extent of trade in these dolphins, or why listing and are consistently used across additional types of specimens to be a ban on international commercial trade species. The United States has been exempted, which were not included in would help conserve the species (which actively involved in the Plants the recommendations of the Standing is protected in most range States). We Committee’s review and supports the Committee working group. Furthermore, will continue to investigate the continuation of this work to its we have consulted with U.S. geneticists information in the proposal and from completion. about the terminology used in this other sources, with a view toward

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understanding the current level of the range countries. However, we species were to be retained in Appendix illegal trade and the vulnerability of the particularly note that no determination I, and is therefore precautionary. species to extinction in the near term. has yet been made as to whether Prop. 11. Transfer of the lesser Prop. 4. Transfer from Appendix I to conditions have been met for the one-off sulphur-crested cockatoo (Cacatua Appendix II the Okhotsk Sea—West sale of ivory from Namibia approved by sulphurea) from Appendix II to Pacific stock, the Northeast Atlantic the Conference of the Parties at COP12, Appendix I (Indonesia). Tentative U.S. stock, and the North Atlantic Central so the consideration of additional ivory negotiating position: Support. This stock of the northern minke whale trade, especially a sustained annual species has long been a focus of (Balaenoptera acutorostrata) (Japan). quota, may be premature. The available international concern. The species is Tentative U.S. negotiating position: information suggests that trade in considered Critically Endangered by Oppose. As with past proposals to elephant leather and hair products are IUCN, and both Germany and the downlist whales under CITES, the not linked to poaching, and as such the United States have considered United States opposes this proposal U.S. has supported such trade in the submitting proposals for previous COPs because of the need for IWC–CITES past. to include this species in Appendix I. coordination (as repeatedly expressed in Prop. 8. Amendment of the annotation Illegal trade in the species continues to CITES Resolutions), the lack of an regarding the South African population be a problem, and wild-caught birds international management regime under of African elephant (Loxodonta may be traded as captive-bred the International Convention for the africana), listed in Appendix II, to allow specimens once they leave Indonesia. Regulation of Whaling, the lack of trade in leather goods for commercial The species qualifies for Appendix I international consensus on tracking purposes (South Africa). Tentative U.S. based on its biological status and the whale products with DNA registers, and negotiating position: Support. At continued threat from trade. the stipulations of the CITES COP12, the proposal by South Africa Prop. 13. Transfer of Finsch’s amazon downlisting criteria. with regard to its elephant population parrot (Amazona finschi) from Prop. 6. Transfer all Appendix I (COP12 Prop. 8) was to allow, among Appendix II to Appendix I (Mexico). populations of lion (Panthera leo) to other things, commercial trade in Tentative U.S. negotiating position: Appendix I (Kenya). Tentative U.S. leather goods. During debate on the Support. This species has experienced negotiating position: Oppose. The proposal and subsequent amendments, significant declines in Mexico, where it African populations of the species are this was inadvertently modified to refer is an endemic species. This is a species proposed for inclusion in Appendix I to non-commercial trade in leather that has been historically smuggled into (the Asian subspecies, P.l. persica, is goods, which was adopted. South Africa the United States in significant already listed in Appendix I) on the has submitted the current proposal to numbers, and illegal shipments have basis that all are declining, and those of reflect their original intent. This and also been seized elsewhere. Recent West and Central Africa are fragmented, other elephant issues will be discussed studies in Mexico indicate that the small, and isolated. Although African at an African Elephant Range States species cannot currently sustain harvest lions have experienced declines due to Dialogue meeting just prior to COP13. for commercial trade. The United States a number of factors, these are primarily The United States intends to await the previously considered proposing this related to loss of habitat, reductions in outcome of deliberations by the range species for inclusion in Appendix I, but prey populations, and killing of lions as countries and may adjust its final deferred to Mexico to take appropriate ‘‘problem animals.’’ International trade position on this proposal based on the action. in lion specimens, primarily hunting outcome of that meeting. Prop. 15. Transfer of the spider trophies, is limited, but has the Prop. 9. Transfer of the Southern tortoise (Pyxis arachnoides) from potential to exacerbate population white rhinoceros (Ceratotherium simum Appendix II to Appendix I declines if not managed at sustainable simum) population of Swaziland from (Madagascar). Tentative U.S. negotiating levels. We believe that listing of the Appendix I to Appendix II for the position: Oppose. This species is species in Appendix I may be exclusive purpose of allowing trade in endemic to Madagascar and has been premature, and a more appropriate live animals and hunting trophies subject to increased demand for legal action would be to include the species (Swaziland). Tentative U.S. negotiating and illegal trade in recent years. in the Significant Trade Review of the position: Support. We understand that Deterioration and loss of habitat are Animals Committee, to review the basis Swaziland has only two small but stable potential threats to this species, but for current trade levels, particularly or increasing populations of this species actual relationship of these factors to the since the proponent has indicated that (a total of approximately 60 animals in status of the species is not well hunting quotas could be considered 2003) in protected areas constituting a documented in the proposal. The even if the species were to be placed in small proportion of the country’s land population is estimated at over 10,000 Appendix I. area. However, the Southern white individuals, but the area of distribution Prop. 7. Amendment of the annotation rhinos in Swaziland are considered to and extent of population fragmentation regarding the Namibian population of be part of the South African is currently unknown and under African elephant (Loxodonta africana), metapopulation of this subspecies discussion. At least through 2000–2001, listed in Appendix II, to allow an (Swaziland previously having been part trade in the species was not well annual export quota of raw ivory, trade of South Africa, with the majority of its regulated, and seizures of the species in worked ivory for commercial current border contiguous with South and anecdotal information point to purposes, and trade in leather and hair Africa). Because the South African ongoing illegal trade. Due to the goods for commercial purposes population of this subspecies has country-wide review of trade in CITES- (Namibia). Tentative U.S. negotiating already been downlisted to Appendix II, listed species, exports of this species position: Oppose with exception. This it makes biological sense to also transfer from Madagascar may be better managed and other elephant issues will be Swaziland’s population to Appendix II. and regulated than in the past. Because discussed at an African Elephant Range We note that the purpose of this of improvements in trade controls by States Dialogue meeting just prior to proposal is to allow only limited trade the range country, combined with the COP13, and the United States intends to in live animals and trophies, much of lack of information to indicate an await the outcome of deliberations by which would be allowed even if the imminent threat to the species, it is

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difficult to conclude that this species Appendix II. However, there are Appendix II (Madagascar). Tentative currently qualifies for Appendix I concerns that Namibia has not provided U.S. negotiating position: Oppose. listing. actual population information in the Although L. citrinus appears to be Prop. 17. Include the Malayan snail- proposal, and the IUCN Crocodile restricted to two national parks and eating turtle (Malayemys subtrijuga) in Specialist Group has not provided an nearby areas, the proposal states that ‘‘in Appendix II (Indonesia). This proposal opinion on the proposal. Both of these the wild, the animal is rather plentiful is the same as Prop. 16. Due to wording may be forthcoming before or at the locally.’’ Furthermore, the proponent discrepancies, the Secretariat COP. clearly states and documents that trade considered this to be a separate proposal Prop. 26. Maintenance of the Zambian in the species is very limited (4 from Indonesia, whereas Indonesia had population of Nile crocodile exported in 2001, 15 in 2002, and 0 in indicated to us that they had submitted (Crocodylus niloticus) in Appendix II, 2003). The species is not listed by IUCN a letter indicating their intent to co- with an annual quota of 548 wild (2004). Given that this proposal lacks sponsor the U.S. proposal. No actual specimens (Zambia). Tentative U.S. any scientific information to indicate proposal, other than the letter, was negotiating position: Support. It is the that the species is significantly affected submitted by Indonesia. U.S. interpretation of Resolution Conf. by trade, an Appendix III listing would Prop. 19. Include the Malayan flat- 11.16 that such a proposal from Zambia be more appropriate if Madagascar shelled turtle (Notochelys platynota) in is not necessary, but only that they wishes to regulate and monitor trade Appendix I (Indonesia). This proposal is should consult with the Secretariat this endemic species. the same as Prop. 18. See discussion in when they modify exports of wild-origin Prop. 30. Include the Mt. Kenya bush Prop. 17, above. specimens from levels established in viper (Atheris desaixi) in Appendix II Prop. 22. Include the Fly River turtle their original ranching proposal adopted (Kenya). Tentative U.S. negotiating (Carettochelys insculpta) in Appendix II by the Parties. It can be expected that, position: Oppose. This species is only (Indonesia). This proposal is the same as if a ranching program is successful and found in Kenya. Despite a lack of any Prop. 21. See discussion in Prop. 17, results in the improved status of the population surveys or monitoring, above. ranched population, a higher level of Kenya assumes the population is in Prop. 24. Transfer of the Cuban sustainable harvest may ultimately be decline due to habitat loss and population of the American crocodile achieved. It is known that one increased removal of specimens for (Crocodylus acutus) from Appendix I to population, that of the Luangwa River, trade. The species is protected under Appendix II under the ranching increased by 63% between 1996 and Kenyan law. There has been illegal trade provisions of Resolution Conf. 11.16 2003. in the species, as evidenced by a (Cuba). Tentative U.S. negotiating Prop. 27. Include all species of leaf- confiscation of 27 specimens destined position: Support. Based on 10 years of tailed geckos (Uroplatus spp.) in for the United States between 1999 and monitoring, as well as other information Appendix II (Madagascar). Tentative 2000. Although there are no data on the demonstrating general compliance with U.S. negotiating position: Support. The number of specimens in the global the ranching resolution, the population proposal is to list U. alluaudi due to its captive population, the proponent states appears to qualify for downlisting as restricted range and rarity, and the that the number is presumed to be proposed. The proposal is endorsed by remaining species as look-alikes. U.S. significant. This species is not listed by the IUCN Crocodile Specialist Group. trade data show that thousands have IUCN (2004). Given that this proposal We note that under the United States been imported in recent years. We also lacks any scientific population status Endangered Species Act, the American note that these species continue to be information and that there is no crocodile is listed as endangered. The the subject of articles in reptile hobbyist evidence of a substantial number of historic practice under our stricter magazines, which promote keeping specimens in legal or illegal trade, an domestic measure is that the necessary them and state that they are available as Appendix III listing would be more findings to allow commercial imports wild-collected specimens. appropriate if Kenya wishes to regulate into the United States have not been Prop. 28. Include all species of leaf- and monitor trade in this endemic made, and pending any change in nosed snakes (Langaha spp.) in species. practice, the United States would not Appendix II (Madagascar). Tentative Prop. 31. Inclusion of Kenya horned allow imports of skins or products U.S. negotiating position: Oppose. The viper (Bitis worthingtoni) in Appendix II originating from ranched populations. proponent states that these species (Kenya). Tentative U.S. negotiating Prop. 25. Transfer of the Namibian should be included in the Appendices position: Oppose. This species is population of Nile crocodile as a precautionary measure, due to their endemic to Kenya. Despite the lack of (Crocodylus niloticus) from Appendix I rarity. Although two of the species (L. any population surveys or monitoring, to Appendix II (Namibia). Tentative U.S. alluaudi and L. pseudoalluaudi) have Kenya assumes the population is in negotiating position: Support with restricted distributions and all species decline due to habitat loss and exceptions. The population of this are found infrequently, the proponent increased removal of specimens for species in Namibia is limited in clearly states and documents that trade trade. The species is protected under distribution, because of the arid in the species is very limited. None of Kenyan law. There has been illegal trade conditions in most of the country, but the species is listed by the IUCN (2004). in the species, as evidenced by a where it occurs the population is Given that this proposal lacks any confiscation of 37 specimens destined considered to be stable or increasing scientific information on population for the United States between 1999 and and not subject to significant harvest status or trends, and that there is no 2000. Germany reported 19 specimens pressures or other factors. The proposed evidence of a substantial number of illegally imported between May and downlisting is purported to be primarily specimens in legal or illegal trade, an October 1999. Although there are no to allow trade in hunting trophies, with Appendix III listing would be more data on the number of specimens in the no other planned exports. The Namibian appropriate if Madagascar wishes to global captive population, the population of this species may be regulate and monitor trade in this proponent states that the number is considered part of the metapopulation endemic species. presumed to be significant. This species of neighboring countries, and their Prop. 29. Include a tree snake is not listed by IUCN (2004). Given that populations are already listed in (Lycodryas [= Stenophis] citrinus) in this proposal lacks any scientific

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population status information, and that Prop. 35. Inclusion of the European shipments could become unacceptably there is no evidence of a large amount date mussel (Lithophaga lithophaga) in burdensome and subjective if officials of specimens in legal or illegal trade, an Appendix II (Italy, Slovenia, on behalf must decide whether the brief Appendix III listing would be more of the Member States of the European descriptions in the Swiss proposal appropriate if Kenya wishes to regulate Community). Tentative U.S. negotiating apply to a given shipping method or a and monitor trade in this endemic position: Support. Listing in Appendix given type of commodity. species. II is proposed to help regulate Prop. 37. Inclusion of Hoodia spp. in Prop. 32. Inclusion of the great white international trade, document shifting Appendix II (with an exemption for shark (Carcharodon carcharias) in international trade, prevent illegal trade, certain materials produced by Appendix II with a zero quota and promote sustainable harvest proponent countries that will bear a (Australia, Madagascar). Tentative U.S. methods for the species that will help to label stating that export is in negotiating position: Support with conserve coastal limestone rock habitat. compliance with the requirements of the exception. Australia and the United The proponents state that trade in the CITES Management Authority) States unsuccessfully proposed this species is shifting from Western (Submitted by Botswana, Namibia, species for listing in Appendix I at Mediterranean countries that limit or South Africa). Tentative U.S. negotiating COP11. In March 2004, the CITES ban collection, utilization, and export of position: Oppose. Hoodia spp. is native Animals Committee evaluated an the species to northern and eastern to the proponent states, as well as Australian proposal to list white sharks European countries, where conservation Angola and possibly Zimbabwe. The in Appendix I and determined that the of the species is limited. Discussions proposal discusses the threat of over- species appeared to qualify for with the proponents indicate that illegal harvest of wild populations in light of Appendix II. The current proposal trade has increased, as evidenced by the the recent increased popularity of H. provides substantial information about confiscation of several tons of the gordonii, mainly in Europe and North the species’ decline in various parts of species annually in Italy and Slovenia. America, due to its appetite-suppressing its range, and presents some compelling Current harvest methods are considered qualities in dietary supplements. reasons to list the species in Appendix unsustainable and destructive to the Despite legislation in the proponent II. We are concerned that the zero quota local habitat, and over-harvest is countries to regulate the harvest and contained in the proposal is more negatively affecting the population export of Hoodia spp., potential, restrictive than an Appendix I listing status of this late-maturing species. although unquantified, illegal collection and would bar any international may threaten existing wild populations. movement in scientific research samples Prop. 36. Amendment of the Species are not clearly enumerated, nor or other non-commercial, non- annotation to Helioporidae, are their ranges. The proposed detrimental trade. We note that the Tubiporidae, Scleractinia, Milleporidae, exemption is problematic, and Fisheries Department of the FAO and Stylasteridae to exempt fossils, and information from other range countries convened a panel of fisheries experts in specifically coral rock, except for live (i.e., Angola and Zimbabwe) is lacking. July 2004, in part to review this rock (Switzerland as the Depositary If the purpose of the listing is to ensure proposal. The panel could not ascertain Government, at the request of the legal control, then an Appendix III the global status for the species, but Animals Committee). Tentative U.S. listing would be more appropriate. indicated that some regional and negotiating position: Oppose. This Prop. 38. Annotate Euphorbiaceae in national populations appeared proposal arose from discussions in the Appendix II to exempt artificially threatened by unsustainable catches in Animals Committee, which could not propagated specimens of Euphorbia recent years. Catches in other regions reach consensus on a scientific and lactea from CITES provisions if they are appeared sustainable, while the status of geological definition of fossil corals. It grafted on Euphorbia neriifolia, color some populations remained uncertain. instead endorsed a list of coral products mutants, or crested-branch forming or Given these results, the expected that could be considered fossils, hoping fan-shaped (Thailand). Tentative U.S. continued demand for white shark to ease confusion among customs negotiating position: Support with products, the species’ vulnerability to officers and law enforcement personnel exception. Although the United States overexploitation, and the international about this issue. The list distinguishes agrees in principle with the proposal, as scope of trade in its parts, we support ‘‘fossil’’ from ‘‘non-fossil’’ coral rocks by written, we are concerned that the the adoption of the proposal with some their shipping method, size, and proposal does not exempt the rootstock modification to its zero quota. presence or absence of attached of E. neriifolia from CITES controls. Prop. 34. Deletion of the annotation invertebrate organisms. The intent of Therefore, the rootstock of the grafted ‘‘sensu D’Abrera’’ from the listings of this list is to retain ‘‘live rock’’ (as specimens proposed for exemption Ornithoptera spp., Trogonoptera spp., defined by CITES) in Appendix II while would still be regulated as an Appendix and Troides spp. in Appendix II excluding all other coral rock specimens II species. We are unsure whether the (Switzerland as Depositary Government, as fossils. Although we originally agreed term ‘‘color mutant’’ is adequately at the request of the Nomenclature with the Animals Committee proposal descriptive, which may lead to wild Committee). Tentative U.S. negotiating in March 2004, we have since conferred specimens traded under the exemption position: Support. This deletion would with our law enforcement personnel on because the species is naturally dark serve to bring this listing in line with this issue. These discussions have green with whitish-green bands the rules adopted by the Nomenclature raised serious concerns about the (variegated) along the midrib of the Committee (i.e., that the choice of precedent, ecological risk, and plant. Modifications are needed to nomenclatural standard is not part of enforceability of the proposed improve this proposal before it is the listing process, but is a decision annotation. U.S. wildlife inspectors adopted. The proponent should revise made by the Nomenclature Committee) indicate that many shipments of coral the proposal before the Parties take a and would not affect the status of the ‘‘live rock’’ are already packed in ways decision on it. listed butterflies. More information on that would characterize them as fossils Prop. 39. Annotate Euphorbiaceae in this will be presented by the and thus exempt them from CITES Appendix II to exempt artificially Nomenclature Committee, as part of its controls under the proposed definition. propagated specimens of Euphorbia report, which is not yet available. Furthermore, inspections of coral rock milii from CITES provisions if they are

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traded in shipments of 100 or more provided as an annex to the proposal the current status of the wild population specimens and are readily recognizable extensive color images of the various to determine whether or not the species as artificially propagated specimens types of hybrids that would be continues to meet the biological criteria (Thailand). Tentative U.S. negotiating exempted. This proposal is similar to for Appendix I, and therefore such a position: Oppose. The proponents state the original proposal submitted by the proposal seems premature. that the proposal is to exempt United States for COP12 (CoP12 Prop. Prop. 44. Transfer the blue vanda artificially propagated ‘‘poysean’’ 51) and includes most of the same orchid (Vanda coerulea) from Appendix cultivars of Euphorbia milii. However, genera, but includes a further I to Appendix II (Thailand). Tentative the poysean is a hybrid of Euphorbia requirement that the plants must be in U.S. negotiating position: Oppose. This milii and Euphorbia lophogona, and flower, which would aid greatly in orchid was severely depleted in should be referred to as Euphorbia x identification. portions of its range due to over- lomi. Both species and hybrid are Prop. 42. Amendment of the current collection in the past, although, the popular ornamental plants. The species annotation of Orchidaceae in Appendix proponent states that most range are endemic to Madagascar and have II so that shipments of Phalaenopsis countries’ populations are believed to been reported to hybridize in the wild. hybrids may qualify for an exemption to have recovered and that export of wild- Neither species is listed in the 1997 the provisions of the Convention when collected specimens is prohibited in all IUCN Red List of Threatened Plants. shipments contain a minimum of 20 range countries by domestic legislation. However, eight forms (varieties and rather than 100 specimens per The preferred specimens for trade in subspecies) of Euphorbia milii have container, with the other requirements this species are artificially propagated recently been assessed by IUCN as remaining unchanged (Switzerland as specimens of select clones and hybrids, Vulnerable and two as Endangered. the Depositary Government, at the which are vastly superior in color and We are concerned that the proponent request of the Plants Committee). form to wild-collected specimens. This did not include Euphorbia lophogona in Tentative U.S. negotiating position: species is listed as Rare in the 1997 the proposal, nor any information on Support. At PC14 the United States IUCN Red List of Threatened Plants, trade in wild-collected specimens of reported that an informal survey of although currently the main threat to these species and their wild forms, and orchid importing and exporting the species is forest conversion and not the implications this exemption may countries, including the United States, collection from the wild for have for enforcement and control of had indicated that the annotation international trade. There is still trade in wild specimens. Amending the adopted at COP12 to exempt concern, however, that this species proposal to include Euphorbia Phalaenopsis hybrids was not being continues to be collected from the wild, lophogona would expand the scope of applied, partly because the minimum particularly in India and Myanmar. this proposal. Therefore, the proponent number of plants per container, 100, Prop. 45. Annotation of Cistanche should consider withdrawing the was too high to be practical. It was deserticola to include all parts and proposal to address these deficiencies agreed by the Plants Committee to have derivatives except seeds, spores, and and submit it to the next meeting of the a proposal submitted to COP13 to pollen; flasked seedlings and tissue Plants Committee for a more thorough reduce this number to 20, which is still cultures; and cut flowers from review and discussion, and possible a sufficient number to judge uniformity artificially propagated plants (China). resubmission for consideration at and consistency to evaluate whether the Tentative U.S. negotiating position: COP14. plants are artificially propagated. Support. Since its inclusion in Prop. 40. Annotation of Orchidaceae Prop. 43. Transfer the Christmas Appendix II at COP11, there has been in Appendix II to exempt all hybrids orchid (Cattleya trianei) from Appendix confusion and problems with properly from the provisions of the Convention I to Appendix II (Colombia). Tentative annotating the listing to ensure that the (Thailand). Tentative U.S. negotiating U.S. negotiating position: Oppose. This correct parts are regulated. This position: Oppose. This proposal was orchid species was included in proposal is intended to correct this discussed at the PC14. The United Appendix I in 1975; all other species of longstanding problem. States and other Parties advised the genus Cattleya are listed in Prop. 46. Transfer Dypsis decipiens Thailand at the time that this proposal Appendix II. It is an epiphyte endemic (syn. Chrysalidocarpus decipiens) from was overly broad, could result in to the Colombian Andes. In the late 19th Appendix II to Appendix I enforcement difficulties, and was and early 20th Centuries, the species (Madagascar). Tentative U.S. negotiating premature given the lack of experience was severely over-collected to near position: Support. In 1995, the wild with the more limited exemption of extinction. It is currently listed as population of this slow-growing Phalaenopsis adopted at COP12. Indeterminate (yet to be determined as endemic palm species was estimated at Prop. 41. Annotation of Orchidaceae Vulnerable or Endangered) in the 1997 200 individuals. Because seed was in Appendix II to exempt hybrids of IUCN Red List of Threatened Plants. excluded from the 1975 Appendix II seven genera when they are in flower The information provided in the listing, unchecked trade in wild seed with at least one fully open flower, and proposal appears to represent continues. The proponents believe that when they are potted and labeled, and preliminary findings on the current uplisting is necessary to save this professionally processed for commercial status of the species, but indicates that species from extinction. Biologically, retail sale. Exempt specimens must also the majority of historically documented this species qualifies for inclusion in exhibit the characteristics of artificially subpopulations have not been studied. Appendix I, although seeds of this propagated plants (Switzerland). The proposal to transfer the species to species cannot be readily distinguished Tentative U.S. negotiating position: Appendix II is based on presumptions from other palms. Still, listing in Support. This proposal was discussed at that the species will recover, not that it Appendix I may prove useful by PC14, where the Parties advised that has recovered, and also on the fact that requiring non-range countries to clearly such a proposal could be considered at current trade consists of artificially demonstrate the origin of seed used to COP13 if identification materials were propagated specimens that are well grow artificially propagated plants. This provided with the proposal so that they regulated. No recent illegal trade has will be especially important if the would be available before the exemption been documented. The proposal does recommended changes to Resolution would go into effect. The proponent has not provide sufficient information about Conf. 11.11 are adopted (see agenda

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item 51), since plants grown from #1 (same annotation as this proposal), manner and combat illegal trade. The exempt parts (e.g., seeds) would be and subsequently prohibited the export document also contains two draft treated as artificially propagated. An of all ramin logs and saw timber. In decisions. The first draft decision alternative to the current proposal 2002, Malaysia imposed a complete ban encourages the Working Group, which it would be to annotate the current listing on the import of all ramin logs from suggests be renamed the Central African so that seeds are included and no longer Indonesia. Despite these measures, Bushmeat Working Group, to continue exempt. illegal logging of ramin for the its work and report to the Secretariat on Prop. 49. Inclusion of Aquilaria spp. international market still occurs in its progress. The second draft decision and Gyrinops spp. in Appendix II Indonesia and has resulted in encourages governments and other (except A. malaccensis, which is deforestation in many of the country’s donors to support the implementation of already listed) (Indonesia). Tentative national parks. We understand that national action/management plans and U.S. negotiating position: Oppose. Indonesia and Malaysia continue to the development of a database of Immediately after listing of A. negotiate over this proposal and which information on trade in bushmeat. malaccensis Appendix II at COP9, the parts and products might be included if Because bushmeat continues to be Parties recognized that several other it is adopted. We are not certain of the traded internationally, both regionally genera in the family Thymelaeaceae (up position of other range countries, and on a larger scale, the United States to seven genera, all of which have including Malaysia, on inclusion of believes that it is appropriate that the species native to Indonesia) produce the these species in Appendix II and what issue remain a focus within CITES and resinous heartwood, known as such a listing might practically supports the adoption of the draft agarwood, which is the commodity in accomplish beyond the current resolution. We recommend that the draft trade. It is unclear why only two of Appendix III listing by Indonesia. We resolution also include a these genera are included in this are consulting with the range countries, recommendation that the Working proposal and how the expansion of this as well as experts and other importing Group report to the COP as appropriate listing (which does not propose countries to clarify that range of support on its progress. We do not support the including parts and derivatives) would for, and the anticipated effect of, this adoption of the first draft decision improve the control of trade in proposal. because we believe that the Working agarwood. Trade in agarwood has been 61. Inclusion of species in Appendix Group should retain its present name in studied by the Plants Committee, which III (Doc. 61; Switzerland, the order to encourage other regions facing has not yet developed final Secretariat). Tentative U.S. negotiating similar issues to become involved in recommendations for achieving position: Support. In 1994, the Parties this work. Also, we believe that the sustainability in the harvest and trade of adopted criteria for inclusion of species reporting recommendation should be agarwood, or advised whether in Appendix III in Resolution Conf. 9.25 included in the draft resolution. We additional agarwood-producing species (Rev.), which was later amended at believe that the recommendations should be listed. Therefore, the proposal COP10. If a proposal to amend the included in the second draft decision from Indonesia may be premature. Appendices I or II is adopted at COP13 are more fully addressed in the draft Prop. 50. Inclusion of ramin that includes an annotation to exempt decision included in document COP13 (Gonystylus spp.) in Appendix II with certain types of specimens (e.g., feces), Doc. 62.2. an annotation to include all parts and this document then proposes to revise 62.2 Bushmeat (Doc. 62.2; Ireland). derivatives except seeds, spores, and the criteria for inclusion of species in Tentative U.S. negotiating position: pollen; flasked seedlings and tissue Appendix III to include the same Support. Recognizing that bushmeat cultures; and cut flowers from annotation unless otherwise noted by trade is largely restricted to domestic artificially propagated plants the listing Party. Additionally, this markets and many of the species (Indonesia). Tentative U.S. negotiating document calls for the repeal of involved are not listed under CITES, position: Undecided. The genus Resolution Conf. 1.5 (Rev. COP12) since Ireland believes that more needs to be Gonystylus consists of 29–40 species of a species cannot be included in more done to encourage other international tropical hardwoods, the vast majority of than one Appendix. The United States organizations to provide assistance in which are found on Borneo. All species supports the view that general regulating the trade in bushmeat. The have declined throughout their ranges, exemptions that apply to species draft decision contained in the with 15 species listed as vulnerable in included in Appendices I and II also document directs the Secretariat to the 1997 IUCN Red List of Threatened apply to species included in Appendix encourage increased involvement of the Plants. Of the six species known to be III. The United States also supports Parties to the Convention on Biological commercially valuable, G. bancanus is repealing Resolution Conf 1.5, since a Diversity (CBD), through the Secretariat the dominant species traded as ramin species cannot be included in more than of the CBD, and the FAO in this issue. wood. Gonystylus bancanus occurs in one Appendix. It further calls on the FAO to convene peat-swamp, lowland freshwater a workshop of international swamp, and coastal peat-swamp forests Other Themes and Issues organizations, subject to sufficient of Indonesia and Malaysia. The vast 62. Bushmeat: funding, to facilitate the development of majority of ramin in trade is from 62.1 Bushmeat Working Group (Doc. an action plan to address the problems Indonesia (Kalimantan) with smaller 62.1). Tentative U.S. negotiating underlying the unsustainable trade in amounts from Malaysia (Sarawak and position: Support the adoption of the bushmeat. Sabah). However, most of the ramin draft resolution but oppose the adoption stocks in Indonesia and Malaysia have of the two draft decisions. This Conclusion of the Meeting been depleted over the last 30 years. At document reports on the progress of the 63. Determination of the time and COP8 and COP9, the Netherlands Working Group since its establishment venue of the next regular meeting of the proposed Gonystylus bancanus for at COP11. It contains a draft resolution Conference of the Parties (No listing in Appendix II, only to withdraw that incorporates the lessons learned to document). Tentative U.S. negotiating the proposals at those meetings. In 2001, date and identifies issues the Group position: Support. The Secretariat does Indonesia included all Gonystylus believes must be addressed in order to not normally circulate a document on species in Appendix III with annotation regulate bushmeat in a sustainable the time and venue of the next COP. We

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anticipate receiving information on this DEPARTMENT OF THE INTERIOR it affects approximately 19 acres of land at COP13, at which time the United withdrawn for use by the Department of States will develop a negotiating Bureau of Land Management the Air Force in Nye County, Nevada. position. The United States favors [AZ–910–0777–XP–241A] This order opens the land to surface holding COP14 in a country where all entry, mining, mineral leasing, and Parties and observers will be admitted State of Arizona Resource Advisory mineral material disposals. without political difficulties. Council Meeting DATES: October 29, 2004. FOR FURTHER INFORMATION CONTACT: 64. Closing remarks (No document): AGENCY: Bureau of Land Management, Interior. Wendy Seley, BLM Tonopah Field Future Actions Station, P.O. Box 911, 1553 South Main, ACTION: Arizona Resource Advisory Tonopah, Nevada 89049, (775) 482– During our regular public briefings at Council Meeting notice. COP13, we will discuss any changes in 7800. our negotiating positions. After COP13, SUMMARY: This notice announces a SUPPLEMENTARY INFORMATION: On March we will host a public meeting to (see meeting of the Arizona Resource 21, 1961, Public Land Order No. 2307 ADDRESSES, Public Meeting, above) to Advisory Council (RAC). withdrew three parcels of land which The business meeting will be held on announce results of COP13 and invite included a Department of the Air Force October 27, 2004, at the Crowne Plaza public input on whether the United radar site. The radar site is no longer located at 2532 W. Peoria Avenue, States should take a reservation on any needed and has been relinquished by Phoenix, Arizona. It will begin at 9 a.m. of the amendments adopted to the the Air Force. and conclude at 4 p.m. The agenda CITES Appendices. While CITES items to be covered include: Review of Order provides a period of 90 days from the the August 18, 2004, meeting minutes; close of a COP for any Party to enter a By virtue of the authority vested in BLM State Director’s update on reservation with respect to an the Secretary of the Interior by Section statewide issues; new RAC member amendment to Appendices I or II, the 204 of the Federal Land Policy and orientation; presentations on Mineral Management Act of 1976, 43 U.S.C. United States has never entered a Split-Estate, Service First, and Draft reservation on any CITES listing. As 1714 (2000), it is ordered as follows: Report to Congress on Section 321 of the 1. Public Land Order No. 2307, which discussed in the Federal Register notice Defense Authorization Act; and Arizona withdrew public land for use by the of November 17, 1987 (52 FR 43924), land use planning updates; RAC Department of the Air Force for the entering a reservation would do very questions on written reports from BLM Beatty Range Radar Site, is hereby little to relieve importers in the United Field Managers; Field Office Rangeland revoked insofar as it affects the States from the need for foreign export Resource Team Proposals; reports by the following described land: permits because the Lacey Act Standards and Guidelines, Recreation, Mount Diablo Meridian Amendments of 1981 (16 U.S.C. 3371 et Off-Highway Vehicle Use, Public seq.) make it a Federal offense to import Relations, Land Use Planning and T. 10 S., R. 46 E., into the United States any animals Tenure, and Wild Horse and Burro Sec. 9, unsurveyed. Commencing for taken, possessed, transported, or sold in reference at a point on a high peak Working Groups; reports from RAC whose approximate geographical violation of foreign conservation laws. If members; and discussion of future ° ′ the foreign nation has enacted CITES, location is latitude 37 05 and longitude meetings. A public comment period will 116°49′ thence south 466.69 feet to the and has not taken a reservation with be provided at 11:30 a.m. on October 27, point of beginning; thence West, 466.69 regard to the species, part, or derivative, 2004, for any interested publics who feet; North, 933.38 feet; East, 933.38 feet; the United States would continue to wish to address the Council. South, 933.38 feet; West, 466.69 feet to require CITES documents as a condition FOR FURTHER INFORMATION CONTACT: the point of beginning. of import. A reservation by the United Deborah Stevens, Bureau of Land The tract described contains States also would provide exporters in Management, Arizona State Office, 222 approximately 19 acres in Nye County. this country with little relief from the North Central Avenue, Phoenix, Arizona 2. At 9 a.m. on October 29, 2004, the need for the U.S. export documents. 85004–2203, (602) 417–9215. land described in paragraph 1, will be Receiving countries that are party to opened to the operation of the public CITES will require CITES-equivalent Joanie Losacco, land laws generally, the operation of the documentation from the United States Acting Arizona State Director. mineral leasing laws, and the mineral even if it enters a reservation, because [FR Doc. 04–21822 Filed 9–28–04; 8:45 am] material laws, subject to valid existing the Parties have agreed to allow trade BILLING CODE 4310–32–M rights, the provisions of existing with non-Parties (including reserving withdrawals, other segregations of countries) only if they issue documents record, and the requirements of containing all of the information DEPARTMENT OF THE INTERIOR applicable law. All valid applications required in CITES permits and Bureau of Land Management received at or prior to 9 a.m. on October certificates. 29, 2004, shall be considered as Authority: This Federal Register notice has [NV–930–1430–ET; Nev–045154; 4–08807] simultaneously filed at that time. Those been published under the authority of the received thereafter shall be considered U.S. Endangered Species Act of 1973, as Public Land Order No. 7617; Partial in the order of filing. amended (16 U.S.C. 1531 et seq.). Revocation of Public Land Order No. 3. At 9 a.m. on October 29, 2004, the 2307; Nevada land described in paragraph 1, will be Dated: September 17, 2004. AGENCY: opened to location and entry under the Marshall P. Jones, Jr., Bureau of Land Management, Interior. United States mining laws, subject to Acting Director, U.S. Fish and Wildlife ACTION: Public land order. valid existing rights, the provisions of Service. existing withdrawals, other segregations [FR Doc. 04–21780 Filed 9–28–04; 8:45 am] SUMMARY: This order partially revokes of record, and the requirements of BILLING CODE 4310–55–P Public Land Order No. 2307 insofar as applicable law. Appropriation of any of

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