[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12719-12729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04716]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-IA-2021-0008; FXIA16710900000-FF09A30000-223]
Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES); Nineteenth
Regular Meeting: Proposed Resolutions, Decisions, and Agenda Items
Being Considered; Observer Information
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The United States, as a Party to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), may propose amendments to the CITES Appendices for
consideration at meetings of the Conference of the Parties (Conference,
or CoP). The nineteenth regular meeting of the Conference of the
Parties to CITES (CoP19) is scheduled to be held in Panama City,
Panama, November 14-25, 2022. With this notice, we respond to
suggestions received from the public concerning proposed resolutions,
decisions, and agenda items that the United States might submit for
consideration at CoP19; invite your comments and information on these
issues; and provide information on how U.S. nongovernmental
organizations can attend CoP19 as observers.
DATES:
Meeting: The meeting is scheduled to be held in Panama City,
Panama, November 14-25, 2022.
Submitting Information and Comments: We will consider all
information and comments we receive on or before April 6, 2022.
[[Page 12720]]
Requesting Approval to Attend CoP19 as an Observer: We must receive
your request no later than August 14, 2022 (see ADDRESSES).
ADDRESSES:
Comments: You may submit comments by one of the following methods:
(1) Electronically: Using the Federal eRulemaking Portal: https://www.regulations.gov, search for FWS-HQ-IA-2021-0008, which is the
docket number for this notice.
(2) U.S. mail: Public Comments Processing, Attn: FWS-HQ-IA-2021-
0008; U.S. Fish and Wildlife Service Headquarters, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA 22041-3803.
We will not accept email or faxes. Comments and materials we
receive, as well as supporting documentation, will be available for
public inspection on https://www.regulations.gov.
Requesting Approval to Attend CoP19 as an Observer: Send your
request via U.S. mail to the Division of Management Authority, U.S.
Fish and Wildlife Service, 5275 Leesburg Pike, MS: IA, Falls Church, VA
22041; via email to [email protected]; or via fax to 703-358-
2298.
FOR FURTHER INFORMATION CONTACT: For information pertaining to
resolutions, decisions, and agenda items, contact Naimah Aziz, Branch
Manager, Division of Management Authority, at 703-358-2028 (phone);
703-358-2298 (fax); or [email protected] (email). If you use
a telecommunications device for the deaf (TDD), call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Trade in Endangered Species of Wild
Fauna and Flora, hereinafter referred to as CITES or the Convention, is
an international treaty designed to control and regulate international
trade in certain animal and plant species that are or may be affected
by trade and are now, or potentially may become, threatened with
extinction. Species are included in the Appendices to CITES, which are
available on the CITES Secretariat's website at https://cites.org/eng/app/appendices.php.
Currently there are 184 Parties to CITES--183 countries and 1
regional economic integration organization, the European Union. On
January 4, 2022, Andorra became the 184th Party to CITES. The
Convention calls for regular biennial meetings of the Conference of the
Parties, unless the Conference decides otherwise. At these meetings,
the Parties review the implementation of CITES, make provisions
enabling the CITES Secretariat in Switzerland to carry out its
functions, consider amendments to the list of species in Appendices I
and II, consider reports presented by the Secretariat, and make
recommendations for the improved effectiveness of CITES. Any country
that is a Party to CITES may propose amendments to Appendices I and II,
as well as resolutions, decisions, and agenda items for consideration
by all the Parties. Our regulations governing this public process are
found in 50 CFR 23.87.
This is our second notice in a series of Federal Register notices
that, together with a public meeting that we will hold approximately 2
to 3 months prior to CoP19, provide you with an opportunity to
participate in the development of the U.S. submissions and negotiating
positions for the nineteenth regular meeting of the Conference of the
Parties to CITES (CoP19), which is scheduled to be held in Panama City,
Panama, November 14-25, 2022. With this notice, we describe proposed
resolutions, decisions, and agenda items that the United States might
submit for consideration at CoP19; invite your comments and information
on these proposals; and provide information on how U.S. nongovernmental
organizations can attend CoP19 as observers.
We published our first CoP19-related Federal Register notice on
March 2, 2021 (86 FR 12199), in which we requested information and
recommendations on animal and plant species proposals and proposed
resolutions, decisions, and agenda items for the United States to
consider submitting for consideration at CoP19. A notice describing
what proposals to amend the Appendices the United States might submit
for consideration at CoP19 will be published separately. Comments
received on our March 2, 2021, notice can be viewed at https://www.regulations.gov in Docket No. FWS-HQ-IA-2021-0008.
Recommendations for Resolutions, Decisions, and Agenda Items for the
United States To Consider Submitting for CoP19
In response to our first notice, we received information and
recommendations for possible submissions to CoP19 from the following
organizations: Action for Primates, Animal Welfare Institute, Center
for Biological Diversity, Costa Farms, EMS Foundation (South Africa),
Environmental Investigation Agency, Friends of Animals, International
Fund for Animal Welfare, International Wood Products Association,
International Union for Conservation of Nature (IUCN) Species Survival
Commission (SSC) Pangolin Specialist Group, League of American
Orchestras, Natural Resources Defense Council, Species Survival
Network, Wildlife Conservation Society, and World Wildlife Fund. We
also received comments from three individuals.
We evaluated all of the recommendations submitted by the above
organizations and individuals, as well as the factors described in the
U.S. approach for CoP19, discussed in our March 2, 2021, Federal
Register notice, in considering resolutions, decisions, and agenda
items that the United States may submit for consideration by the
Parties at CoP19. In compiling these lists, we also considered
potential submissions that we identified internally. The United States
may consider submitting documents on some of the issues for which we
are currently undecided or not considering submitting at this time,
depending on the outcome of discussions of these issues in the CITES
Standing Committee at its 74th meeting (SC74; scheduled to be held
March 7-11, 2022), additional consultations with range country
governments and subject matter experts, or comments we receive during
the public comment period for this notice.
We welcome your comments and information regarding the resolutions,
decisions, and agenda items discussed below. Please review the
information under ADDRESSES on how to submit information and comments
in response to this notice.
A. What resolutions, decisions, and agenda items is the United States
likely to submit for consideration at CoP19?
Due to the significant number of issues that are subject to ongoing
discussions in the Standing Committee, to date we have not identified
any issues for which we are likely to submit a document to CoP19. As
described below, we will make a final decision on whether to submit a
document to CoP19 for many issues described in this document pending
the outcomes and discussions at SC74.
B. On what resolutions, decisions, and agenda items is the United
States still undecided, pending additional information and
consultations?
1. CITES and zoonoses: Since the COVID-19 pandemic, multiple
nongovernmental organizations have called for CITES to address zoonotic
disease risk arising from international wildlife trade. Suggestions
have
[[Page 12721]]
included amending the Convention text, adding a ``Protocol'' to CITES
identifying taxa to be regulated based on disease risk, and considering
the submission of a draft resolution to improve the safety of wildlife
trade, among other approaches.
Studies indicate that the number of CITES-listed animal species
with ``zoonotic potential'' is significant. The United States believes
that CITES has a role to play in reducing zoonotic disease emergence
and spread and that any action by CITES should be part of a larger
global effort to prevent zoonoses. The United States is actively
participating in an ongoing intersessional working group of the
Standing Committee on this issue, and we anticipate that the Standing
Committee will submit a document for consideration at CoP19. Depending
on the outcomes and discussion at SC74, we may submit a separate or
complementary document to CoP19. We are committed to engaging with
other Parties and non-Party stakeholders to develop the most effective
approach and identify feasible solutions that will reduce the spread of
zoonotic disease in international wildlife trade in a way that
strengthens but does not overextend CITES, and makes wildlife trade
healthier for people and animals. We believe that CITES provides
opportunities for taking positive steps toward reducing zoonotic
disease risk, and in a possible U.S. document we would consider
approaches that, for example: Improve conditions for live animals
during transport and pre-trade care; consider disease risk frameworks
for identifying high-risk taxa in trade; and expand CITES collaboration
with the World Organisation for Animal Health (OIE).
2. CITES National Legislation Project (NLP): The Wildlife
Conservation Society (WCS) seeks to ensure that the CITES National
Legislation Project (NLP) is on the CoP19 agenda and recommends that
the United States submit a document proposing amendments to Resolution
Conf. 8.4 (Rev. CoP15) on National laws for implementation of the
Convention, to provide clear guidelines concerning the criteria for
inclusion in Categories 1, 2, and 3 (including coverage of all CITES
taxa, native and nonnative, and marine species). WCS also recommends
that the United States provide support to the Secretariat to undertake
an update to the CITES model law (and its translations), as well as to
provide further guidance on fisheries legislation to facilitate CITES
implementation. The Environmental Investigation Agency (EIA) recommends
that the United States liaise with the Secretariat to share best
practices from U.S. CITES implementing legislation that could be
incorporated into the NLP guidance materials; support updates to the
criteria for assessing legislation under the NLP; and call for the
current categorizations under the NLP to be reviewed against any
changes made in the NLP guidance materials.
The United States believes that the effectiveness of CITES is
significantly undermined when Parties do not have adequate measures in
place for implementing the Convention, and we consider the NLP to be
critically important in achieving effective CITES implementation.
Although we recognize that the Secretariat has placed significant focus
on assisting Parties to enact adequate CITES implementing legislation,
we also acknowledge that there are still too many Parties without
adequate measures in place to implement CITES. We note that the
Secretariat will report on the NLP at CoP19, as required by Resolution
Conf. 8.4 (Rev. CoP15) on National laws for implementation of the
Convention, and, therefore, this issue will be on the CoP19 agenda. We
are evaluating the recommendations from WCS and EIA and are currently
undecided, pending further consultations and the outcome of discussions
at the 74th meeting of the Standing Committee (SC74), as to whether we
will submit a document on this issue for consideration at CoP19.
3. Elephants (Elephantidae): WCS recommends that the United States
seek to ensure continued reporting on implementation of Resolution
Conf. 10.10 (Rev. CoP18) on Trade in elephant specimens, with a
particular focus on the successful enforcement of new laws on domestic
ivory trade; to work with other Parties, including the European Union,
Japan, and others, to close their ivory markets as a matter of urgency;
and ensure that the issue continues to be discussed at CoP19 as a
separate agenda item.
We agree that the enforcement of domestic laws concerning ivory
trade and the closure of domestic markets are actions necessary to put
an end to trafficking in elephant ivory. We also recognize that
unregulated legal markets can provide cover for laundering of illegal
ivory and have put in place a near-total ban on commercial trade in
elephant ivory in the United States. We note that there is ongoing work
by the Secretariat and the Standing Committee on all of the issues
related to elephants that were raised by WCS in its comments and,
therefore, are undecided about submitting a document on this issue for
consideration at CoP19, pending the results of this work and the
outcomes and discussions at SC74.
4. Ivory stocks and stockpile management: WCS recommends that the
United States submit a discussion document with draft decisions that
call for continued review of the ivory stockpile management and
disposal guidance by the Standing Committee, including its
implementation and any issues encountered by Parties, and direct the
Secretariat to identify and compile available templates or guidance on
model legislation/regulation or standard operating procedures that have
worked for Parties with large stockpiles of seized ivory. WCS also
recommends that the United States submit, or co-sponsor, a document
that would amend Resolution Conf. 10.10 (Rev. CoP18) to encourage the
destruction of ivory stockpiles.
The United States is undecided on these issues, pending outcomes
and recommendations from SC74.
5. National Ivory Action Plans (NIAPs): WCS recommends that the
United States submit a document with proposed amendments to Resolution
Conf. 10.10 (Rev. CoP18) seeking increased independent evaluation of
proposed and adopted NIAPs, including progress made against them in
terms of effectively reducing elephant poaching and illegal trade in
ivory, and to advocate through the Standing Committee for decisions to
be taken in line with the best available evidence from the Elephant
Trade Information System (ETIS) and other current sources. EIA, the
International Fund for Animal Welfare, and WCS also urge the United
States to encourage the Secretariat to contract third-party expertise
to support transparency and help distribute the workload of the NIAP
process and support proactive reporting of all seizure-related data to
ETIS and all relevant data on elephant mortality and poaching to
Monitoring the Illegal Killing of Elephants (MIKE).
The United States considers the NIAPs, including the concrete
actions contained therein and the specific deadlines for completion, to
be a positive step in actively addressing illegal ivory trade. Noting
that there is ongoing work on NIAPs in the Standing Committee, we are
currently undecided about submitting a document on NIAPs for
consideration at CoP19 and will closely evaluate reports to SC74 in
making our decision.
6. Cheetahs: WCS recommends that the United States submit a
document with draft decisions that would:
Ensure that the illegal trade in cheetahs remains a high
priority for Parties;
[[Page 12722]]
request range, transit, and consumer States to enhance
reporting on existing efforts to implement recommendations from the
Standing Committee (SC66 and SC70);
request further review of these issues by the Big Cats
Task Force (Task Force); and
ensure that the Standing Committee and the CoP keep this
issue under review at every meeting and that efforts are prioritized,
particularly in transit and consumer Parties.
While cheetahs are a key issue for the United States, we are
currently undecided on whether to submit a document to CoP19 on this
issue. Cheetahs are included in the Joint CITES--Convention on the
Conservation of Migratory Species of Wild Animals African Carnivores
Initiative and will also be considered under the Task Force. While it
is unlikely that there will be meaningful progress by the Task Force in
advance of CoP19, we will continue to closely monitor these efforts to
determine if it will be appropriate separately to submit a document to
CoP19.
7. Pangolins (Manis spp.), and domestic markets for frequently
illegally traded specimens: WCS recommends that the United States
submit a document on pangolins that includes draft decisions seeking
to:
Build on the reports currently being drafted by
consultants, feedback from the IUCN SSC Pangolin Specialist Group, and
the advice of the Animals and Standing Committees;
build on the previous reports about domestic markets for
specimens that are frequently traded illegally, to identify domestic
legal or semilegal markets, or poor enforcement of technically illegal
markets, that contribute to illegal hunting and trade in pangolins and
pangolin products;
make recommendations for action on these domestic markets;
and
require targeted cooperation via a Task Force or other
reporting process through the Standing Committee that enables review of
progress against these actions.
The United States supports consideration of actions to address
domestic markets that contribute to poaching and illegal trade, but we
are undecided on whether we will submit such a document on pangolins
and domestic markets, pending outcomes and recommendations from SC74.
8. Sharks and rays (Elasmobranchii spp.): WCS urges the United
States to take the lead in efforts to address the noncompliance with
CITES with regard to the implementation and enforcement of the
Convention for shark and ray species, including submission of a
document to CoP19 with draft amendments to the Decisions 18.218-18.225
and draft amendments to Resolution Conf. 12.6 (Rev. CoP18) on
Conservation and management of sharks. The Natural Resources Defense
Council (NRDC) also suggests recommending ongoing reporting on the
conservation of sharks and rays and continued focus on enhancing
measures to identify and halt illegal trade in shark and ray specimens.
The Species Survival Network (SSN) suggests that the United States seek
continued close monitoring of sharks and rays under CITES to address
issues, including resolving implementation challenges due to look-alike
issues and considering Regional Fishery Bodies management measures and
introduction from the sea provisions.
The conservation and sustainable management of sharks and rays are
key issues for the United States. The United States will continue to
closely monitor this issue and make a decision pending outcomes and
recommendations from SC74.
9. Gender Action Plan for CITES: WWF recommends that the United
States submit an agenda item for CoP19 calling for a Gender Action Plan
for CITES, which could be introduced through a draft resolution. WWF
suggests that gender plays an important and unacknowledged role in
wildlife trade, which differentially affects people of different
groups. WWF points out that CITES enforcement (including rangering),
decisionmaking, and implementation could benefit from efforts to
promote gender equality.
While the United States is currently undecided on how to address
this recommendation, we believe it is especially important to consider
gender issues in the context of CITES capacity-building (see item B.
30.).
10. Elephants and appropriate and acceptable destinations: WWF
recommends that the United States propose an amendment to Resolution
Conf. 10.10 (Rev. CoP18) on Trade in elephant specimens, to reflect the
position of the IUCN African Elephant Specialist Group that there is no
conservation benefit to taking elephants from the wild to place them in
zoos. The United States has actively engaged in the Animals Committee
Working Group on ``appropriate and acceptable destinations.'' At the
31st meeting of the Animals Committee (AC31; virtual 2021), the
Committee agreed to put forward recommendations to SC74 that include
nonbinding best-practice guidance on how to determine whether ``the
trade would promote in situ conservation,'' in line with the provisions
of paragraph 2 b) of Resolution Conf. 11.20 (Rev. CoP18) on Definition
of the term `appropriate and acceptable destinations.'
The United States is currently undecided on whether to submit an
amendment on this issue to CoP19, and we will closely follow the
discussions, outcomes, and recommendations arising from SC74 and make a
decision following that meeting.
11. Marine turtles: WWF suggests the development of a new
resolution on marine turtles to include enhanced enforcement; forensic
sampling of seized specimens; effective legislation; donor assistance;
and cooperation with other multilateral environmental agreements.
At CoP18, the Conference of the Parties adopted several decisions
(Decisions 18.210-18.217 on Marine turtles (Cheloniidae spp. and
Dermochelyidae spp.) that call for a large number of actions by the
Parties, the Animals and Standing Committees, and the Secretariat.
Activities called for include reviewing a study on the legal and
illegal international trade in marine turtles; developing and/or
updating management and action plans for the conservation of marine
turtles; improving monitoring, detection, and law-enforcement
activities for marine turtles; developing or updating, as appropriate,
legislation that protects marine turtles; and working with relevant
multilateral agreements to encourage communication and collaboration on
the management and sustainable use of marine turtles. The United States
has actively engaged in the intersessional work and will actively
participate in the discussions on marine turtles at SC74. We are
currently undecided on whether to support the development of a stand-
alone resolution on marine turtles and will consider the outcomes of
SC74 in making a decision.
12. Asian big cats: The World Wildlife Fund (WWF) suggested that
the United States seek to prioritize the implementation of Decisions
17.226, 18.102, and 18.108 on Illegal trade in Asian big cats (Felidae
spp.), with priority focus on Cambodia, China, Thailand, and Viet Nam,
where significant concerns have been raised with regard to captive-
breeding facilities.
The United States is following this issue closely and has actively
engaged in the discussions during this intersessional period. Pending
the outcomes and recommendations from SC74, we will determine whether
to submit a document on this issue to CoP19.
[[Page 12723]]
13. Totoaba and vaquita: WWF urged the United States to redouble
efforts, in close collaboration with China and Mexico, to eliminate
demand for totoaba and ensure strong compliance with Decisions 18.292
and 18.293. The Center for Biological Diversity (CBD), Animal Welfare
Institute (AWI), NRDC, and EIA also suggested that the United States
seek to ensure that Mexico's failure to address the poaching and
illegal trade in totoaba is addressed through CITES compliance
procedures.
The United States remains gravely concerned about the status of the
vaquita and illegal trade in totoaba and led efforts at the 18th
meeting of the Conference of the Parties (CoP18; Geneva 2019) to
strengthen several draft decisions considered during CoP18 to combat
the illegal harvest and trade of totoaba. We will make a decision
pending outcomes and recommendations from SC74.
14. Verification of legal acquisition: The International Wood
Products Association (IWPA) recommends that the United States continue
supporting work on the verification of legal acquisition of CITES
specimens and the principle that legal acquisition findings are the
primary responsibility of the CITES authorities of the exporting
nation. IWPA commented that requiring an applicant to provide
information on the entire chain of custody back to the origin of the
specimen is unworkable for many manufactured goods. Further, IWPA does
not consider that those applying for a CITES document should be
required to provide that information, noting that information about
chain of custody should not be determinative when obtaining that
information is impossible or impractical and other verification tools
exist.
The United States affirms that CITES Management Authorities hold
the responsibility for making legal acquisition findings and supports
development of guidance to assist the Parties in the practical aspects
of making those findings. The United States is undecided about further
work on this issue, pending outcomes and recommendations from SC74.
15. Pangolins: The IUCN SSC Pangolin Specialist Group requested
that the United States submit agenda items addressing:
Incentives, encouragement, and support to pangolin range
countries to implement Resolution Conf. 17.10 on Conservation of and
trade in pangolins;
Ensuring ongoing focus on population monitoring,
understanding harvest levels and supply chains, and capacity-building
of frontline law enforcement to accurately identify different pangolin
species and their parts and derivatives in trade;
Taxonomic proposals that streamline the listing of
pangolin species in the Appendices following Decision 18.315 on
Nomenclature of Manidae spp.; and
Calls for financial support to convene experts and range
states to share knowledge related to ecology and monitoring; identify
in situ and ex situ priorities for conservation action; research
pangolin harvest and trade chains; deliver training related to
identification; and implement activities from pangolin conservation
action plans.
EIA requests that the United States:
Support decisions for urgent action by pangolin range,
transit, and consumer States to address the illegal trade in pangolins;
support demand-reduction efforts, including closure of
domestic markets;
propose amendments to Resolution Conf. 17.10 on
Conservation of and trade in pangolins that encourage Parties to
eliminate demand in pangolin specimens; and
direct the Secretariat to report on the conservation and
management of pangolins to each meeting of the Standing Committee and
CoP.
The United States is undecided on submitting any of these proposals
or suggestions, pending outcomes and recommendations from the Standing
Committee.
16. Sea cucumbers: CBD recommends that the United States submit a
draft decision calling for a second global workshop on the status,
conservation, and management of sea cucumbers.
We remain concerned with the increases in sea cucumber harvest
globally and their biological vulnerability. We, therefore, seek
further information from the public on the current trade and status of
sea cucumbers, particularly species native to the United States, Puerto
Rico, and U.S. territories in the Caribbean and the Pacific. We also
seek input on the needs and objectives and goals of such a workshop. We
are currently undecided on this issue and will consider further
information and the outcomes and recommendations from SC74 in
determining how best to address it at CoP19.
17. Resolution Conf. 17.8 on Disposal of illegally traded and
confiscated specimens of CITES-listed species: Friends of Animals (FOA)
recommends that the United States propose amendments to Resolution
Conf. 17.8 to ensure consistency with the intent and requirements of
CITES.
We are undecided on our actions concerning this issue pending
outcomes and recommendations from SC74.
18. Animal meat markets: FOA recommends that the United States
submit a document supporting the intent and the application of World
Health Organization, OIE, United Nations Environment Programme guidance
on ``Reducing public health risks associated with the sale of live wild
animals of mammalian species in traditional food markets.''
Pending outcomes and recommendations from the Standing Committee
through its zoonotic disease working group, the United States will
consider this issue and other guidance documents related to reducing
disease risk in the wildlife trade (related to item B. 1. above). The
United States is particularly interested in considering options to
expand the partnership between CITES and OIE.
19. Application of Article XIII: EIA is concerned that CITES
compliance issues are not being taken seriously and urges the United
States to treat the issue of noncompliance as an urgent priority.
Specifically, EIA urges the United States to support a decision by the
Conference of the Parties at CoP19 to implement compliance procedures
in relation to Lao People's Democratic Republic, Nigeria, and Viet Nam,
due to persistent noncompliance over a significant period of time and
insufficient progress in addressing their role in illegal wildlife
trade. EIA recommends that the United States ensure complementarity
between the Article XIII and NIAP proceedings in relation to Nigeria
and requests that in the future a single progress report under Article
XIII proceedings be submitted, which also includes NIAP progress.
The Standing Committee at its 74th meeting will discuss the
numerous ongoing CITES compliance issues, including those highlighted
by EIA. The United States takes CITES compliance issues seriously. We
will closely monitor the outcomes and recommendations from SC74 and
determine whether it will be necessary to submit a document to CoP19 on
this matter.
20. Domestic ivory markets: EIA recommends that the United States
call on the Conference of the Parties to direct Japan to close its
domestic ivory market in line with Resolution Conf. 10.10 (Rev. CoP18)
on Trade in elephant specimens, and to set concrete, short-term
deadlines for market closure.
The United States supports the recommendation in Resolution Conf.
10.10 (Rev. CoP18) that all Parties and non-Parties in whose
jurisdiction there
[[Page 12724]]
is a legal domestic market for ivory that is contributing to poaching
or illegal trade take all necessary legislative, regulatory, and
enforcement measures to close their domestic markets for commercial
trade in raw and worked ivory as a matter of urgency. This issue will
be on the agenda for SC74, and, pending the outcomes of that meeting,
we will determine whether we should submit a document on the issue to
CoP19.
21. Forensic analysis of large-scale ivory seizures: EIA requests
that the United States propose a draft decision directing the
Secretariat to publish and maintain a list of countries that have made
large-scale ivory seizures and whether the Parties have conducted
forensic analysis and shared the results of that analysis. They also
ask that we support calling for technical and financial support for
conducting forensic analysis of large-scale ivory seizures.
We are undecided on this suggestion pending additional internal
consultation with the FWS Office of Law Enforcement (FWS/OLE) and
specifically the FWS/OLE Forensics Lab.
22. Captive Asian big cat facilities of concern: Decision 18.108 on
Illegal trade in Asian big cats (Felidae spp.) directs the Secretariat,
subject to external funding, to undertake a mission to those Parties in
whose territories facilities keeping Asian big cats in captivity have
been identified that may be of concern, with the purpose of gaining a
better understanding of the operations and activities undertaken by
those facilities. Noting that seven Parties have been identified as
having such facilities, EIA believes that the Secretariat should be
encouraged to consult with nongovernmental organizations,
intergovernmental organizations, and relevant experts in preparing
terms of reference both for the missions and for interim online
consultations in the event the in-person missions cannot be conducted
during this intersessional period. EIA urges the United States to offer
technical and financial assistance to the Secretariat to develop the
terms of reference and facilitate the CITES missions/interim
consultations called for in the relevant decisions.
The United States has worked extensively with the Secretariat and
others on this issue. In-person missions have not been able to take
place during the current intersessional period to date due to the
COVID-19 pandemic, and we will work with the Secretariat and others to
determine if they can be undertaken prior to CoP19 or if this work
should be carried over to the next intersessional period. Several
issues related to Asian big cats will be on the agenda for SC74, and we
will actively participate in the discussions there.
23. Asian big cat trade: EIA urges the United States to take action
on Asian big cat trade, including promoting the creation of a
centralized database of images of seized tiger skins and skins of
tigers observed for sale in physical and digital markets and supporting
consideration of time-bound, country-specific measures for Parties
failing to comply with Asian big cat-related Resolutions and Decisions.
To accomplish the latter, EIA recommends that the United States urge
the Secretariat to issue a notification to relevant Parties requesting
them to report on action taken to address noncompliance with CoP18
decisions and Resolution Conf. 12.5 (Rev. CoP18) on Conservation of and
trade in tigers and other Appendix-I Asian big cat species, in time for
the Secretariat to prepare a report for SC74, and for the Standing
Committee to consider further time-bound, country-specific measures.
While EIA's recommendation does not specifically concern a CoP19
submission, the United States remains very concerned about the Asian
big cat trade and continues to follow this issue. We will consider the
outcomes and recommendations from the Standing Committee at SC74 in
determining whether to submit a document on this matter to CoP19.
24. Rhinoceroses: Noting the worsening rhinoceros-poaching crisis
in Botswana, EIA urges the United States to support decisions at CoP19
directing Botswana to strengthen its implementation of Resolution Conf.
9.14 (Rev. CoP17) on Conservation of and trade in African and Asian
rhinoceroses, in particular on the provisions relating to anti-poaching
and law-enforcement actions, including by pursuing the initiation of
joint investigations and operations aimed at addressing members of
organized crime networks, and to report to SC77.
The United States is currently undecided on whether to submit a
document on this issue to CoP19, and we will closely follow the
discussions, outcomes, and recommendations arising from SC74 and make a
decision following that meeting.
25. Decision 18.116 on Rhinoceroses (Rhinocerotidae spp.): Noting
particular concern with regard to Parties where legal domestic markets
for rhinoceros parts and derivatives exist and the opportunities those
markets provide for laundering illegal rhinoceros horn, and challenges
to law-enforcement and demand-reduction efforts, EIA recommends that
the United States support renewing Decision 18.116, concerning illegal
markets for rhinoceros horn, until CoP20 and amending it to call on
affected Parties to report to the Secretariat in advance of SC77 on any
actions taken, and directing the Standing Committee to consider the
matter.
The United States strongly supports considering actions under CITES
to address domestic markets that are contributing to poaching or
illegal trade. We are currently undecided on the recommendation made by
EIA and will consider the outcomes and discussions from SC74 in
determining how best to address this issue at CoP19.
26. Resolution Conf. 10.14 (Rev. CoP16) on Quotas for leopard
hunting trophies and skins for personal use: SSN suggests that the
United States support draft decisions or amendments to Resolution Conf.
10.14 (Rev. CoP16), aimed at strengthening the scientific oversight of
annual leopard quotas and reducing overexploitation of the species, and
requests Malawi, Ethiopia, and Kenya to remove or revise their quotas
under this resolution. The discussion of this resolution and the
current quotas for leopards from most range countries were reviewed by
the Animals Committee at the 30th meeting of the Animals Committee
(AC30; Geneva 2018), which made recommendations that were discussed
extensively at CoP18, and decisions were taken. At CoP18, export quotas
were approved for Mozambique, Namibia, South Africa, United Republic of
Tanzania, Zambia, and Zimbabwe. Quotas for Kenya and Malawi should have
been removed at those Parties' requests, but in what appears to have
been an oversight that issue was not formally agreed to at CoP18 (see
Resolution Conf. 10.14 (Rev. CoP16)). At AC31, the Animals Committee
agreed to inform the Standing Committee that it considers the quotas
for leopards for Botswana and the Central African Republic, as
mentioned in Resolution Conf. 10.14 (Rev. CoP16), to be set at levels
that are not detrimental to the survival of the species in the wild.
The Committee also agreed to inform the Standing Committee that, for
Ethiopia, it considers the proposed reduction of the quota for leopards
in Resolution Conf. 10.14 (Rev. CoP16) to 20 trophies to be set at
levels that are not detrimental to the survival of the species in the
wild.
The United States is currently undecided on whether to submit a
document on this issue to CoP19, and we will closely follow the
discussions, outcomes, and recommendations arising
[[Page 12725]]
from SC74 and make a decision following that meeting.
27. Transparency and oversight of CITES processes: AWI encourages
the United States to submit a working document seeking greater
transparency in the activities and operations of the Secretariat. AWI
is particularly concerned about transparency in the context of the
Review of Significant Trade (RST) process where correspondence between
the Secretariat and Parties in the Review, while shared with Committee
members (i.e., Animals, Plants, and Standing), is not made available to
other Parties and observers.
We recognize the sensitivity of the information shared by Parties
in response to questions rising during the RST and appreciate Parties'
willingness to be honest in their communications during the review. We
believe that the Secretariat's process of sharing responses with the
Committees, in accordance with Resolution Conf. 12.6 (Rev. CoP18) on
Review of Significant Trade in specimens of Appendix-II species, is
appropriate, and, therefore, the United States is unlikely to submit a
document specific to this issue.
Although we are unlikely to submit a document to CoP19 specifically
calling for changes to the RST process, we strongly support the need
for ensuring transparency in the Secretariat's activities and
operations, including in its implementation of CITES decisions. We
believe that this is particularly the case with regard to the selection
of consultants and development of terms of reference, which we believe
are crucial for delivering meaningful outputs that respond to the
expectations of the Conference of the Parties when they adopt such
decisions. Consequently, although we are currently undecided, we may
submit a discussion document to CoP19 on this issue.
28. Reservations: A number of issues related to reservations have
arisen following recent meetings of the Conference of the Parties,
including the scope of specific reservations to amendments to
Appendices I and II allowed under Article XV of the Convention and
whether reservations can cover actions such as changes to an annotation
to a listing and changes to taxonomy or nomenclature and the effect of
specific reservations in special cases such as transferring taxa in
split-listings.
The Secretariat has indicated its intention to prepare a document
for SC74 addressing this issue. This is also an important issue for the
United States that we are discussing internally. We are closely
following the Secretariat's work and will determine whether to submit a
U.S. document to CoP19 on reservations, including the potential for
amendments to Resolution Conf. 4.25 (Rev. CoP18) on Reservations,
pending the outcome of discussions at SC74.
29. Personal and household effects: Based on internal discussions,
the United States is considering proposing an amendment to Resolution
Conf. 13.7 (Rev. CoP17) on Control of trade in personal and household
effects to designate a weight, volume, or number of specimens of
certain species to be included in the list in paragraph b) iv) for
which the Parties have agreed that CITES documents are not required
unless the specimens being carried as a personal or household effect
exceeds the weight, volume, or number specified. Items for which we are
considering submitting such a proposal include American ginseng
packaged and ready for retail trade, and finished musical instruments,
finished musical instrument parts, and finished musical instrument
accessories. We solicit information on what may be appropriate
quantities if we decide to submit such a proposal.
30. Capacity-building/combating wildlife trafficking: At CoP18, the
United States introduced the idea of a conceptual framework and
resource-tracking tool for CITES capacity-building efforts (Document
CoP18 Doc. 21.3). The proposed capacity-building framework sought to
clarify how capacity-building advances conservation and implements
CITES and aimed to coordinate and direct investments based on a Party's
capacity-building needs. Although the Conference of the Parties at
CoP18 did not adopt the draft resolution proposed by the United States,
there was broad support for developing a CITES capacity-building
framework and it adopted several decisions in support of the
development of an integrated capacity-building framework to improve
implementation of the Convention. The Standing Committee established a
working group to develop recommendations on consolidating and
integrating various compliance and capacity-building processes and how
to proceed in terms of developing a capacity-building framework.
We are members of the Standing Committee's working group, and,
depending on the outcomes of discussions at SC74, we will decide
whether to submit a discussion document to CoP19 on this topic. Our
primary goal, which we would promote in any discussion document we
would submit to CoP19, would be to ensure capacity-building activities
are Party-driven and coordinated.
31. Stocks and stockpiles: Based on internal discussions, the
United States is considering submitting a discussion document on the
management of stockpiled specimens, including pangolin scales, tiger
specimens, rhinoceros horn, saiga horn, elephant ivory, timber, etc.,
and potentially recommending the development of a declaration system
for stockpiles of dead specimens when an amendment is adopted to
transfer a species from Appendix II to Appendix I.
32. Compliance: The United States is concerned that compliance
considerations in CITES are becoming increasingly weakened and that
Parties are not being held accountable for failing to effectively
implement the provisions of the Convention. We are currently evaluating
how these concerns might best be addressed and may submit a document on
this issue for consideration at CoP19. Issues we are considering
include timeframes for taking action, whether our concerns could be
addressed in the context of a capacity-building framework, and avenues
for ensuring that Scientific Authorities are empowered to do their work
and that repeated failures to make scientifically robust non-detriment
findings, when required, are appropriately addressed.
33. E-permitting: The United States is actively engaged in
discussions on potential proposals regarding the issuance of electronic
CITES permits. These are currently being debated in the Standing
Committee's working group on electronic systems and information
technologies. The working group will submit its recommendations to
SC74. In general, the United States supports solutions that would
ensure that any electronic CITES permit is authentic and meets all
CITES permitting requirements by verifiably providing an electronic
equivalent of an original paper CITES document presented with its
shipment at the time of trade. Importantly, CITES documents prevent
more than one authorized shipment from moving under a single-use
document or unauthorized use of a multiple-use document, are presented
at the time of trade, are able to be certified or validated at the time
of export or reexport and canceled by the importing Party at the time
of import or introduction from the sea, and enable any Party to readily
verify whether the permit is valid and whether it has been used or
canceled. An electronic equivalent must serve these same functions as
well. Pending the outcome of discussions and recommendations arising
from SC74, we may submit a
[[Page 12726]]
separate document on this issue to CoP19.
34. Programming funding for CITES Decisions subject to external
funding: Implementation of many of the CITES decisions adopted by the
Conference of the Parties is subject to the availability of external
funding. That funding is generally provided by Parties, but also on
occasion by nongovernmental organizations. Recognizing that Parties
have the latitude to direct their funding in accordance with their
national priorities, we believe that there may be benefit in exploring
mechanisms for ensuring that external funding is programmed consistent
with the priorities identified by the Standing, Animals, and Plants
Committees in their working programmes. Based on those internal
discussions and discussions with other key funding Parties, we may
submit a discussion document to CoP19 calling for the development of
such a process.
35. 50th anniversary of CITES: The United States is considering
submitting a document proposing activities to mark the 50th anniversary
of CITES on March 3, 2023, as well as the 50th anniversary of its entry
into force on July 1, 2025. We would seek to propose activities or
events to celebrate the significant milestones of CITES over the last
50 years, and we welcome comments or suggestions regarding this issue.
C. What resolutions, decisions, and agenda items is the United States
not likely to submit for consideration at CoP19, unless we receive
significant additional information?
1. Rhinoceros horn: Citing the toll rhinoceros poaching has taken
on rangers and rural communities, an individual recommends that the
United States reconsider the ban on trade in rhinoceros horn and take
action at CoP19 to address the issue. The United States has
consistently opposed proposals to amend CITES listings to open a
commercial trade in rhinoceros horn at previous meetings of the
Conference of the Parties in view of the ongoing high levels of
rhinoceros poaching and illegal trade in rhinoceros horn for high
prices on the black market. The concept that a limited legal trade
would provide a conservation benefit to rhinoceroses or that it could
be sustainable within the context of the illegal trade is not
supported. Information available to date does not provide satisfactory
evidence that permitting trade would not fuel demand for rhinoceros
horn or that effective control measures could be implemented to ensure
that commercial trade would originate only from legal sources, and no
proposal submitted to date has met the precautionary measures set out
in Resolution Conf. 9.24 (Rev. CoP17) on Criteria for amendment of
Appendices I and II.
The United States believes that a proposal to harvest rhinoceros
horn for international trade is premature and runs the risk of
exacerbating the ongoing poaching crisis, rather than resolving it.
Accordingly, the United States is unlikely to submit a document on this
issue but will carefully consider any proposals or discussion documents
submitted for CoP19 on trade in rhinoceros horn and will develop its
position based on internal discussions and public consultation.
2. Marine turtles: An individual suggests that, recognizing the
public health risks of consuming marine turtle meat and derivatives,
the United States should seek to prohibit take and consumption of all
marine turtles and the development of a registration system of entities
involved in take or sale of marine turtles and a traceability scheme,
and call for the implementation of public awareness campaigns.
The United States is unlikely to submit a document on this issue.
We note that marine turtles are protected under the U.S. Endangered
Species Act and are included in Appendix I, which prohibits
international trade in the taxon for primarily commercial purposes.
3. Wildlife trade ban: EMS Foundation (South Africa) urges the
United States to seek a prohibition of all wildlife trade.
The United States is unlikely to submit a document seeking a
prohibition of all wildlife trade because we recognize and support the
purpose of CITES in regulating trade in listed species to ensure it is
legal, does not threaten the survival of species in the wild, and that
any use of wildlife and plants in trade is sustainable.
4. Sharks and RFMOs: WWF suggests that the United States submit a
discussion document to raise the profile of failures of Regional
Fishery Management Organizations (RFMOs) to effectively manage
Appendix-II shark species and refer the issue to the Animals Committee
and the Standing Committee.
The United States actively participates as a member of CITES and
RFMOs toward ensuring the sustainability of sharks and is unlikely to
submit a document on this issue to CoP19.
5. Electronic permitting: IWPA and the League of American
Orchestras request that the United States continue supporting
development and implementation of robust electronic-permitting systems.
The United States supports development and implementation of robust
electronic-permitting systems through its participation in the ongoing
Standing Committee's working group on electronic systems and
information technologies. We are actively engaged in the Standing
Committee discussions on the development of proposed amendments to
relevant resolutions or decisions regarding electronic systems through
that process, which will be presented to the Standing Committee at
SC74. Therefore, we are unlikely to submit a document on this issue to
CoP19.
6. Permit delays and industry outreach: IWPA encourages the United
States to work closely with other Parties to find solutions that
preserve the level of trade in species that is not detrimental to the
survival of species in question and raises concern that listing all
species in a genus (as in Dalbergia and Cedrela listings), including
those that are not threatened, places unworkable administrative burdens
on exporting nations.
The United States has an ongoing commitment to working with permit
stakeholders to understand CITES requirements, and the United States is
unlikely to submit a document on this topic to CoP19.
7. Efficiency of permitting process: Costa Farms, LLC, recommends
that the United States engage the Parties in a discussion of CITES
certificates and processes, particularly with respect to improving the
efficiency of issuing CITES documents. They recommend creation of a
certification program; extension of the validity period of certificates
for artificially propagated plants from 6 months to 1 year; changing
from paper certificates with ink signatures to a digital format; and
automation of certificates using templates that allow commercial
operations to print documents in-house.
The United States is unlikely to submit a document on these ideas.
Resolution Conf. 12.3 (Rev. CoP18) on Permits and certificates
establishes the use of simplified procedures to issue permits and
certificates, including a process for issuance of partially completed
certificate for artificially propagated plants that remain valid for a
period of 3 years. The United States implements this provision by
allowing submission and authorization of master files for certificate
for artificially propagated plants that are valid for 3 years. As
described above, the United States supports development and
implementation of robust electronic-
[[Page 12727]]
permitting systems through its participation in the ongoing Standing
Committee's working group on electronic systems and information
technologies. Proposed amendments or decisions regarding electronic
systems will be developed through that process and presented to the
Standing Committee at SC74 and then CoP19.
8. Addressing CITES' weaknesses identified by IPBES: CBD suggests
that the United States address the issues identified in the 2019 report
of the Intergovernmental Science-Policy Platform on Biodiversity and
Ecosystem Services (IPBES): ``Global assessment report on biodiversity
and ecosystem services of the Intergovernmental Science-Policy Platform
on Biodiversity and Ecosystem Services,'' including compliance, the
need for science-based quotas, enforcement, funding, combating
corruption, and demand reduction.
While we believe that these are all important issues that are
central to effective implementation of CITES, they are being addressed
through ongoing efforts and discussions, and, therefore, we are
unlikely to submit a document to CoP19 on this issue.
9. Synthetic specimens: CBD urges the United States to ensure that
the CITES Parties consider that synthetic products of or made from
CITES-listed species are included under the provisions of the
Convention.
Recognizing the ongoing intersessional work on this issue, in which
the United States is actively involved, we are unlikely to submit a
separate document for CoP19 on synthetic specimens. The longstanding
U.S. position is that specimens of CITES-listed species produced from
biotechnology should be regulated under CITES as readily recognizable,
if they meet the existing criteria under Resolution Conf. 9.6 (Rev.
CoP16) on Trade in readily recognizable parts and derivatives. However,
we are generally supportive of amendments to the resolution to make
that explicit.
10. Travel with instruments containing CITES species: The League of
American Orchestras recommends that the United States propose an
exemption from CITES requirements of noncommercial movement of musical
instruments containing CITES-listed species.
We are unlikely to submit such a proposal as we cannot propose or
support the adoption of a new exemption from CITES requirements that
does not exist in the Convention. We will consider other avenues for
addressing the concerns of musicians and other musical instrument
stakeholders in the context of possible amendments to Resolution Conf.
13.7 (Rev. CoP17) on Control of trade in personal and household
effects.
11. Application of a precautionary approach: EIA reminds the United
States of the importance of applying the precautionary approach in
framing policy and negotiation positions under CITES.
Although the United States is currently not planning to submit an
agenda item to CoP19 specifically on the precautionary approach, we
routinely apply the precautionary approach where appropriate in our
implementation of CITES.
12. Domestic trade: EIA recommends that the United States recognize
that there is a mandate to address domestic trade in CITES under
certain circumstances.
Although the United States supports consideration of actions to
address domestic markets that contribute to poaching or illegal trade,
we are unlikely to submit a document to CoP19 specifically addressing
this issue. However, we will closely follow any discussions on this
issue at SC74 and any recommendations arising from that meeting.
13. Annual illegal trade reports: EIA recommends that the United
States propose amendments to relevant resolutions to make failure to
submit those reports subject to noncompliance proceedings; ensure
transparency and accountability in relation to illegal trade reports;
and strengthen law-enforcement responses to illegal trade in CITES
species.
The United States is a strong supporter of the CITES Illegal Trade
Report, and all Parties are urged to submit annual illegal trade
reports in accordance with the recommendations of the Conference of the
Parties. However, at this time, the United States does not support
initiating compliance measures against non-reporting Parties given that
the CITES annual illegal trade report was developed recently and was
not intended to be subject to compliance measures. Therefore, we are
unlikely to submit a document on this issue to CoP19.
14. Elephants: EIA suggests that the United States support
maintenance of the ban on international ivory trade, including by
rejecting any down-listing proposals for African elephants.
The United States remains concerned about the status of elephants
in the wild and the trafficking of ivory. Although we are unlikely to
submit a document on this issue, we will carefully consider any
proposals or discussion documents submitted to CoP19 on trade in
elephant ivory, particularly from range countries, and will develop our
position based on internal discussions and public consultation on
species proposals to amend the Appendices submitted by other Parties.
15. Rhinoceros-horn trade ban: EIA suggests that the United States
oppose any proposals that would allow international trade in rhinoceros
horn, including through the exploitation of CITES exemptions for
specimens bred in captivity.
The United States is unlikely to submit a document on this issue
but will carefully consider any proposals or discussion documents
submitted to CoP19 on trade in rhinoceros horn, particularly from range
states, and we will develop our position based on internal discussions
and public consultation on species proposals to amend the Appendices
that are submitted by other Parties.
16. Funding for future meetings of the Conference of the Parties:
Concerned with the increasing size and cost of meetings of the
Conference of the Parties, SSN recommends that the United States submit
draft decisions to CoP19 directing the Secretariat and the Standing
Committee to explore funding mechanisms with the aim of guaranteeing
that future meetings of the Conference of the Parties will not have to
be postponed or withdrawn for financial reasons.
The United States shares SSN's concerns with regard to the need to
address the increasing size and cost of CITES meetings and will
continue to work through the Standing Committee's Finance and Budget
Subcommittee and the Conference of the Parties to address these issues.
Currently, we do not intend to submit draft decisions on this matter to
CoP19.
17. Trade in Macaca fascicularis (Long-tailed macaque): SSN
suggests the United States submit a discussion document on trade in
long-tailed macaques, which includes draft decisions recommending that
trading Parties agree to commit to greater oversight of the burgeoning
trade in this species. Action for Primates suggests that the United
States explore steps CITES could take to investigate possible trade
violations related to trade in this species and consider enforcement
actions, where appropriate.
Although the United States is unlikely to submit a document, we
continue to follow the discussion of the trade in this species by the
Animals Committee, including through both the Review of Significant
Trade and review of captive-bred and ranched specimens.
[[Page 12728]]
18. International trade in frogs for consumption: SSN recommends
that the United States submit a discussion document related to
international trade in frogs for consumption, to ensure that this trade
does not threaten species in the wild.
We recognize trade in this taxon is significant, but we believe
this document should be submitted by range States. Therefore, the
United States does not currently plan to submit a document related to
this issue to CoP19.
19. Introduction from the Sea: SSN suggests that the United States
take action to ensure that CITES continues to monitor and, where
needed, actively enhance implementation of the provisions of
introduction from the sea.
These issues are already considered in the context of Resolution
Conf. 14.6 (Rev. CoP16) on Introduction from the Sea, and, therefore,
we are unlikely to submit a document on this issue to CoP19.
20. Reemphasizing the need for CITES and improving its
implementation: In the lead-up to the 50th anniversary of the agreement
of the Convention text, AWI recommends that the United States submit a
draft resolution reemphasizing the need for CITES and improving its
implementation. AWI suggests that such a draft resolution could address
a number of issues, including promoting capacity-building, urging the
use of best available science in CITES decisionmaking; embracing the
precautionary principle; calling for greater transparency and
accountability; and strengthening national CITES implementing laws.
We strongly agree with all of the concepts raised in AWI's comment
but note that these concepts are already reflected in existing
resolutions. As a result, we are unlikely to submit a document on this
issue to CoP19.
21. Candidate-species listing tool: AWI recommends that the United
States submit a document that proposes a formal process whereby,
between CoPs, species that may warrant CITES protections can be
identified and research undertaken to assess the merits of including
them in the Appendices.
The United States acknowledges the responsibility of each Party to
monitor trade and status of species not included in the Appendices,
particularly native species, to determine if significant levels of
international trade may affect a species' conservation status such that
it should be considered for inclusion in the Appendices. Organizations
that collect and monitor trade levels in species that are not regulated
under CITES are encouraged to provide that information to the Parties
for their consideration. We also recognize the role of Parties in
submitting proposals to a CoP, given limited resources and existing
mechanisms. Therefore, the United States is unlikely to propose a
candidate-species listing tool to CoP19.
22. Taxa-specific assessments and/or workshops: AWI recommends that
the United States submit a working document that seeks the preparation
of comprehensive assessments and/or the planning of workshops to
identify and prioritize the genera or species within particular taxa
that most warrant inclusion in the Appendices.
While the United States, in collaboration with State wildlife
agencies and the Association of Fish & Wildlife Agencies (AFWA), has
conducted taxa-specific assessments and workshops for some U.S. native
species, it has done so to monitor the status and trade of native
species. We have found those workshops to be informative and possibly a
`best practice,' but we are cognizant that each Party determines how
best to monitor the status of and trade in its native species. We also
recognize the role of Parties in submitting proposals to a CoP, given
limited resources and existing mechanisms. Therefore, the United States
is unlikely to submit a document on this issue to CoP19.
23. Law Enforcement Management Information System (LEMIS) database:
AWI recommends that the United States consider hosting a side event at
CoP19 to explain the origins, maintenance, and benefits of the LEMIS
database in order to encourage other Parties to develop and implement
similar databases in their countries.
Currently, our position is that we are unlikely to submit a request
to host such an event at CoP19. However, if other Parties express an
interest in this issue, we will consider hosting a workshop on this
topic. We will further consider this suggestion pending additional
internal consultation in FWS/OLE.
24. Paperless CITES meetings: AWI recommends that the United States
submit a working document to reinitiate discussions for reducing the
environmental footprint of CITES meetings, including by striving to
conduct paperless meetings, reducing or eliminating the use of plastic
products, considering alternative meeting arrangements (e.g., hybrid
meetings, including hybrid meetings using hub cities), and ensuring
availability of vegan and vegetarian food items and meals.
We note that the organization of CITES meetings is an ongoing
discussion in the Standing Committee, and, therefore, we are unlikely
to submit a document on this issue to CoP19.
25. Holding a virtual CoP19: A member of the public urges the
United States to suggest that in-person meetings of the Conference of
the Parties be cancelled and held virtually instead.
The United States believes that in-person meetings foster important
collaboration and cooperation among Parties and stakeholders, and we
support holding in-person meetings when possible, based on safety and
logistical considerations. Therefore, we are unlikely to seek that
CoP19 be held virtually, unless it cannot be held safely in person.
Request for Information and Comments
We invite information and comments concerning any of the possible
CoP19 species proposals, resolutions, decisions, and agenda items
discussed above. You must submit your information and comments to us no
later than the date specified in DATES, above, to ensure that we
consider them.
Observers
Article XI, paragraph 7, of CITES states that ``Any body or agency
technically qualified in protection, conservation or management of wild
fauna and flora, in the following categories, which has informed the
Secretariat of its desire to be represented at meetings of the
Conference by observers, shall be admitted unless at least one-third of
the Parties present object:
(a) International agencies or bodies, either governmental or non-
governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been
approved for this purpose by the State in which they are located. Once
admitted, these observers shall have the right to participate but not
to vote.''
Persons wishing to be observers representing international
nongovernmental organizations (which must have offices in more than one
country) at CoP19 may request approval directly from the CITES
Secretariat. Persons wishing to be observers representing U.S. national
nongovernmental organizations at CoP19 must receive prior approval from
the U.S. Division of Management Authority (ADDRESSES). Once we grant
our approval, a U.S. national nongovernmental organization is eligible
to register with the Secretariat and must do so at least 6 weeks prior
to the opening of CoP19 to participate in the meeting as an observer.
Individuals who are not affiliated with
[[Page 12729]]
an organization may not register as observers. An international
nongovernmental organization with at least one office in the United
States may register as a U.S. nongovernmental organization if it
prefers.
An organization seeking approval from our office to attend CoP19 as
an observer must include in their request evidence of their technical
qualifications in protection, conservation, or management of wild fauna
or flora, for both the organization and the individual
representative(s). The request must also include copies of the
organization's charter and any bylaws, and a list of representatives it
intends to send to CoP19. Organizations seeking approval for the first
time should detail their experience in the protection, conservation, or
management of wild fauna or flora, as well as their purposes for
wishing to participate in CoP19 as an observer. An organization we have
approved within the past 5 years as an observer to a meeting of the
Conference of the Parties does not need to provide as much detailed
information concerning its qualifications as an organization seeking
approval for the first time. These requests should be sent to the
Division of Management Authority at the address provided in ADDRESSES,
above; via email to [email protected]; or via fax to 703-358-
2298.
Once we approve an organization as an observer, we will direct them
to the location on the CITES website where they can obtain instructions
for registering with the CITES Secretariat and also obtain logistical
information about the meeting. A list of organizations approved for
observer status at CoP19 will be available upon request from the
Division of Management Authority immediately prior to the start of
CoP19.
Future Actions
The CITES Secretariat will prepare a provisional agenda for CoP19
following the submission of documents for the meeting. We will publish
the CoP19 provisional agenda in the Federal Register and on our
website, at https://www.fws.gov/international.
The United States must submit any draft resolutions, decisions, or
agenda items for discussion at CoP19 to the CITES Secretariat 150 days
prior to the start of the meeting (i.e., by June 17, 2022). To meet
this deadline and prepare for CoP19, we have developed a tentative U.S.
schedule. We will consider all available information and comments we
receive during the comment period for this Federal Register notice as
we decide which proposed resolutions, decisions, and agenda items the
United States will submit for consideration by the Parties.
Approximately 4 months prior to CoP19, we will post on our website an
announcement of the draft resolutions, draft decisions, and agenda
items submitted by the United States for consideration at CoP19.
Through a series of additional notices and website postings in
advance of CoP19, we will inform you about preliminary negotiating
positions on resolutions, decisions, and amendments to the Appendices
proposed by other Parties for consideration at CoP19. We will also
publish an announcement of a public meeting to be held approximately 2
to 3 months prior to CoP19, to receive public input on our tentative
negotiating positions regarding CoP19 issues.
The procedures for developing U.S. documents and negotiating
positions for a meeting of the Conference of the Parties to CITES are
outlined in 50 CFR 23.87. As noted in paragraph (c) of that section, we
may modify or suspend the procedures outlined there if they would
interfere with the timely or appropriate development of documents for
submission to the CoP and of U.S. negotiating positions.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, please be aware
that your entire comment--including your personal identifying
information--may be made publicly available. If you submit a hardcopy
comment that includes personal identifying information, you may request
at the top of your document that we withhold this information from
public review; however, we cannot guarantee that we will be able to do
so.
Authors
The primary authors of this notice are Anne St. John and Dara
Satterfield, Division of Management Authority, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Signing Authority
The Director, U.S. Fish and Wildlife Service, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the U.S. Fish and Wildlife Service. Martha
Williams, Principal Deputy Director Exercising the Delegated Authority
of the Director, U.S. Fish and Wildlife Service, approved this document
on March 2, 2022, for publication.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics, Joint Administrative Operations, U.S. Fish
and Wildlife Service.
[FR Doc. 2022-04716 Filed 3-4-22; 8:45 am]
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