Bolivia FR notice for mahogany by FWSdocs


									                  Federal Register / Vol. 63, No. 93 / Thursday, May 14, 1998 / Rules and Regulations                          26739

PART 2846—QUALITY ASSURANCE                  terms of the Convention. This rule is         Costa Rica have added Swietenia
                                             effective on May 14, 1998.                    macrophylla (bigleaf mahogany [called
Subpart 2846.6—Material Inspection and                                                     mara or caoba]) to Appendix III in
                                             ADDRESSES: Please send correspondence
Receiving Reports                                                                          support of their domestic conservation
                                             concerning the amendment announced
2846.601     General.                        in this rule to Chief, Office of Scientific   measures and need for cooperation of
                                             Authority, ARLSQ 750; U.S. Fish and           other Parties.
Subpart 2846.7—Warranties                                                                     The species continues to be included
                                             Wildlife Service; Washington, DC
2846.704 Authority for use of warranties.    20240; fax number 703–358–2276.               in Appendix III in the Americas (i.e.,
                                             Express and messenger deliveries              South America, Central America, the
Subpart 2846.6—Material Inspection           should be addressed to Chief, Office of       Caribbean, and North America),
and Receiving reports                        Scientific Authority, Room 750; U.S.          including only its logs, sawn wood, and
                                             Fish and Wildlife Service; 4401 North         veneer sheets as the parts or derivatives
§ 2846.601    General.                                                                     covered by the provisions of the
                                             Fairfax Drive; Arlington, Virginia 22203.
   Bureaus shall prescribe procedures           The text of the Appendix III               Convention. Thus, products such as
and instructions for the use,                notification from the Convention’s            finished furniture are excluded.
preparation, and distribution of material    Secretariat is available on request, and      Moreover, export of specimens from
inspection and receiving reports and         related materials are available for public    plantations located outside the
commercial shipping document/packing         inspection by appointment from 8:00           Americas is not regulated. (At COP10 in
lists to evidence Government                 a.m. to 4:00 p.m. Monday through              June 1997, the categories saw-logs, sawn
inspection.                                  Friday, at the above address in               wood, and veneers were revised slightly
                                             Arlington, Virginia.                          to the above for several such listings; cf.
[FR Doc. 98–12791 Filed 5–13–98; 8:45 am]
                                                Please send certificate/permit             62 FR 44627.)
                                             questions or any applications                    The CITES Secretariat notified all
                                             concerning this regulation to Chief,          Party countries on December 19, 1997
                                             Office of Management Authority; U.S.          (in Notification No. 1011), of this
DEPARTMENT OF THE INTERIOR                                                                 addition to Appendix III by Bolivia of
                                             Fish and Wildlife Service; 4401 North
                                                                                           their population of this species. In
Fish and Wildlife Service                    Fairfax Drive, Room 700; Arlington,
                                                                                           accordance with Article XVI paragraph
                                             Virginia 22203; fax number 703–358–
                                                                                           2, such an amendment becomes
50 CFR Part 23                               2281. Express and messenger deliveries
                                                                                           effective 90 days after notification, in
                                             should be addressed to Chief, Office of
RIN 1018–AE94                                                                              this case on March 19, 1998. All the
                                             Management Authority, at that
                                                                                           shipments of bigleaf mahogany
Amendment to Appendix III Listing of         Arlington address.
                                                                                           originating from Bolivia that are
Bigleaf Mahogany Under the                   FOR FURTHER INFORMATION CONTACT: Dr.          exported on or after that date must be
Convention on International Trade in         Susan Lieberman, Chief, Office of             accompanied by the appropriate
Endangered Species of Wild Fauna             Scientific Authority, phone 703–358–          documentation as required by CITES
and Flora                                    1708, fax 703–358–2276, e-mail                (usually an export permit), which is to
                                             susan; or the          be presented upon import to the Party
AGENCY:   Fish and Wildlife Service,         Office of Management Authority,               countries.
Interior.                                    telephone 800–358–2104, e-mail                   International trade in Appendix III
ACTION: Final rule.                          r9oma                      species and their parts and derivatives
                                             SUPPLEMENTARY INFORMATION:                    that are specified as being included
SUMMARY: This rule announces an
                                                                                           requires the issuance of either an export
amendment to the Appendix III listing        Background
                                                                                           permit, a certificate of origin, a re-export
of bigleaf mahogany (Swietenia                  The Convention on International            certificate, or a pre-Convention
macrophylla) under the Convention on         Trade in Endangered Species of Wild           certificate, by the exporting or the re-
International Trade in Endangered            Fauna and Flora (TIAS 8249) regulates         exporting Party. An export permit,
Species of Wild Fauna and Flora (CITES       international trade in certain animal and     which signifies that the specimens were
or Convention). The species in the           plant species. The species for which          not obtained in contravention of the
Americas and its logs, sawn wood, and        trade in particular specimens is              laws of that country for conservation, is
veneer sheets have been included in          controlled are listed in Appendices I, II,    required if the shipment originates from
Appendix III since November 1995,            and III to the Convention. Appendix III       the Party that added the species to
based on an action by the Government         comprises the list of species subject to      Appendix III, in this case Bolivia, as
of Costa Rica. The Government of             regulation within any CITES Party             well as Costa Rica, which had earlier
Bolivia has recently supplied                country that has requested the                added the species to Appendix III,
information to the CITES Secretariat to      cooperation of the other Parties in           effective November 16, 1995 (see
independently include its population in      regulating international trade in the         Federal Register of February 22, 1996,
Appendix III to support its national         specified specimens of the species.           61 FR 6793–6795).
legislation for the species and the need        This rule revises the list of CITES           Export from the other countries in the
for cooperation of other CITES countries     species that is reproduced in the U.S.        Americas requires the issuance of either
in controlling the international trade.      Code of Federal Regulations (CFR) at 50       a certificate from the country of origin,
The Service will consider any                CFR 23.23(f). The current information         a certificate from the country of re-
comments received on whether to enter        following COP10 (see below) was               export, or a pre-Convention certificate
a reservation on the Republic of             published in the Federal Register of          (from the country of export). (The
Bolivia’s action for its population.         August 22, 1997 (62 FR 44627). As             species is native from Bolivia and Brazil
DATES: The change to the Appendix III        advanced by the Government of Bolivia         to Mexico.) These documents legally
listing for the Bolivian population of the   pursuant to Article XVI paragraph 1 of        verify either: (1) that the specimens
species as set forth in this rule entered    the Convention, the present rule              originated in a non-listing country; (2)
into force on March 19, 1998, under the      acknowledges that now both Bolivia and        that they are being re-exported after a
26740          Federal Register / Vol. 63, No. 93 / Thursday, May 14, 1998 / Rules and Regulations

legal importation in accordance with        procedural change in requesting              will consider recommending that the
CITES; or (3) that they were acquired       comments about such reservations for         United States submit a reservation to the
before the provisions of the Convention     species added to Appendix III. Because       depositary government (which is
applied to them. All the countries of       the effects of such a reservation are        Switzerland).
South America, Central America, and         limited, and there is also no time limit
                                                                                         Other Procedural Requirements
North America and some countries in         for reserving on a species or a
the Caribbean are Parties to the            population added to Appendix III, a            The Department has determined that
Convention. Article X of CITES and          proposed rule is not published at the        changes to the Convention Appendices,
Resolution Conf. 9.5 specify the            time the list in § 23.23 is amended.         which result from actions of the Parties
requirements for comparable                 Regardless of any U.S. decision to enter     to the treaty, do not require preparation
documentation from countries not party      a reservation, this particular amendment     of Environmental Assessments as
to the treaty. The pre-Convention date      to Appendix III entered into force on        defined under authority of the National
for Swietenia macrophylla (bigleaf          March 19, 1998, under terms of the           Environmental Policy Act (42 U.S.C.
mahogany) remains November 16, 1995.        Convention. Publishing this rule             4321–4347). This rule recognizes the
   The Convention’s Secretariat and U.S.    informs the public of this international     Republic of Bolivia’s decision to include
Office of Management Authority in 1995      action while still affording those           one of their native species in CITES
(and sometimes since) have inquired         interested the opportunity and time to       Appendix III and serves public notice of
regarding certificates of origin or         assess the merits of entering a              their decision. As such, this rulemaking
permits that exporting range countries      reservation. Therefore, good cause exists    does not constitute an agency action
issue for shipments of the specimens of     to omit a proposed-rule notice and           under the Administrative Procedure
this species (i.e., logs, sawn wood, and    public-comment process, since it is          Act.
veneer sheets). Responses have been         unnecessary and contrary to the public
received from Mexico, Guatemala,            interest [5 U.S.C. 553(b)]. Because            This document was prepared by Dr.
Belize, Honduras, Nicaragua, Venezuela,     bigleaf mahogany in the Americas was         Bruce MacBryde and Dr. Susan
Peru, and Brazil (cf. Secretariat’s         added to Appendix III of the Convention      Lieberman, Office of Scientific
December 19, 1997, Notification No.         effective on November 16, 1995, and          Authority, under the authority of the
1004). Costa Rica and Bolivia, as Parties   because of the other reasons stated          Endangered Species Act of 1973, as
listing the species in Appendix III, use    herein, the Service finds that good cause    amended (16 U.S.C. 1531 et seq., 87
their regular documents (e.g., permits).    exists for making this rule effective        Stat. 884, as amended).
Importation or exportation of CITES-        upon its date of publication [5 U.S.C.       List of Subjects in 50 CFR Part 23
regulated plant specimens must be           553(d)]. Accordingly, 50 CFR 23.23(f) is
through particular designated U.S.          amended at the conclusion of this              Endangered and threatened species,
Department of Agriculture ports (50 CFR     document.                                    Exports, Imports, and Treaties.
24.12), which includes additional ports        At the tenth meeting of the               Regulation Promulgation
designated for logs and lumber. For         Conference of the Parties to the
information on the types of documents       Convention (COP10) in June 1997, the         PART 23—ENDANGERED SPECIES
required for such mahogany importation      United States was among 67 of 112            CONVENTION
into the United States, as well as          Parties that voted to include this species
requests for any documents needed for       in Appendix II; this 60 percent of the         Accordingly, for the reasons set out
such re-export or export from the United    Parties in favor, however, fell short of     above in this document, Part 23,
States, contact the Service’s Office of     the two-thirds majority needed for           Subpart C of Title 50 (Chapter I,
Management Authority (address and           adoption of the proposal (see the            Subchapter B) of the Code of Federal
phone number above).                        Federal Register notice of August 22,        Regulations is amended as set forth
   Any Party at any time may enter a        1997 [62 FR 44627]). After the vote,         below:
reservation on a species (or pertinent      Bolivia in plenary stated its intention to     1. The authority citation for Part 23
population) added to Appendix III. A        include its population of the species in     continues to read as follows:
Party that has entered a reservation is     Appendix III [cf. Resolution Conf. 9.25
treated as a country that is not party to   (Rev.)]. The Service has not                   Authority: Convention on International
the Convention with respect to the trade                                                 Trade in Endangered Species of Wild Fauna
                                            recommended entering a reservation on
                                                                                         and Flora, 27 U.S.T. 1087; and Endangered
in the species concerned (until such        this enhanced status for the Bolivian
                                                                                         Species Act of 1973, as amended (16 U.S.C.
time as that Party withdraws its            population of the species in Appendix        1531 et seq.).
reservation). The limited effects of a      III. Consideration for doing so would be
reservation in alleviating importers and    given if valid and compelling reasons          2. Section 23.23(f) is amended by
exporters from documentation                are shown that implementation of this        revising the entry of Swietenia
requirements with the other CITES           listing would be contrary to the interests   macrophylla under the plant family
Parties were thoroughly discussed in a      or laws of the United States. The Service    Meliaceae to read as follows:
Federal Register notice on November         now solicits comments on whether to
17, 1987 (52 FR 43924). In a subsequent     enter a reservation, and particularly        § 23.23    Species listed in Appendices I, II,
                                                                                         and III.
Federal Register notice of March 28,        seeks any new information that becomes
1988 (53 FR 9945; see also 53 FR 12497,     available. The Service will consider all     *       *     *     *      *
April 14, 1988), the Service made a         comments received, and if appropriate,           (f) * * *
                  Federal Register / Vol. 63, No. 93 / Thursday, May 14, 1998 / Rules and Regulations                                                         26741

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

         *                    *                    *                        *                         *                          *                        *
             Plant Kingdom:              PLANTS:
        *                     *                 *                           *                         *                          *                        *
Family Meliaceae:                           Mahogany family:

        *                   *                     *                     *                             *                       *                           *
  Swietenia macrophylla populations in        Bigleaf mahogany ..........................   III (Bolivia, Costa Rica) .........................               11/16/95
   the Americas (including logs, sawn
   wood, and veneer sheets, but no
   other parts or derivatives, e.g.,

         *                    *                    *                        *                         *                          *                        *

  Dated: May 5, 1998.
Donald Barry,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 98–12803 Filed 5–13–98; 8:45 am]

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