FWS' Proposed Rule for Major Update of Regulations Governing Global Trade in Wildlife, Plants (Part VIII)

This is Part VIII of a multi-part series of BP summaries on this FWS proposed rule, and highlights the proposed changes to Subpart E of 50 CFR Part 23. (See ITT's Online Archives or 05/05/06, 05/12/06, 05/18/06, 05/24/06, 05/31/06, 06/02/06, and 06/07/06 news, 06050525, 06051220, 06051815, 06052430, 06053125, 06060235, and 06060720, for Parts I-VII. See future issue of ITT for additional summary.)

Highlights of Proposed Changes to Subpart E of 50 CFR Part 23

FWS states that proposed Subpart E of 50 CFR Part 23, which concerns the international trade of certain specimens, deals with situations that are either covered by specific resolutions or by procedures FWS has developed deal with certain native CITES species from States or Tribes with appropriate conservation management programs and legal controls. Certain sections of FWS' proposed changes to Subpart E of 50 CFR Part 23 are highlighted below (partial list):

Export of certain heavily traded native species. According to FWS, certain native species (American ginseng, bobcat, river otter, Canada lynx, gray wolf, brown bear, and American alligator) that are managed by a State or Tribe conservation program are traded internationally, sometimes in high volumes. FWS outlines proposed changes for the following species covered in proposed Subpart E to 50 CFR Part 23:

American ginseng roots. FWS proposes to revise the current regulations in 50 CFR 23.51 and eliminate all categories other than wild and artificially propagated because CITES only recognizes these two categories. The permits FWS issues and its annual report to the CITES Secretariat use only these two classifications. If an applicant wishes to export ginseng as artificially propagated even though it visually resembles wild ginseng, he or she must demonstrate that the ginseng indeed meets the criteria for artificially propagated plants.

CITES furbearers. FWS proposes to consolidate and revise the current regulations in 50 CFR 23.52 through 23.56 for furs of certain native species that are sometimes traded in high volumes and originate in States or on tribal lands with appropriate conservation management programs and legal controls. FWS also proposes to define "CITES furbearers'' to include bobcat, river otter, Canada lynx, gray wolf, and brown bear.

Crocodilians (including American alligator). Among other things, FWS proposes to revise the current regulations in 50 CFR 23.57 and incorporate a CITES conference resolution concerning the universal tagging of crocodilian skins. The proposed revision would extend the tagging requirements to all crocodilian skins entering international trade, which assists Parties in identifying legal skins. FWS notes that raw, tanned, or finished crocodilian skins may be imported, exported, or re-exported only if tagged with a non-reusable tag containing specific information.

Sturgeon caviar. FWS proposes to implement CITES recommendations on the conservation of and trade in sturgeons and paddlefish, including labeling of caviar containers, provisions for shared populations subject to annual export quotas, and re-export timeframes for caviar. FWS proposes to require that any re-export of caviar take place within 18 months from the issuance date of the original export permit; it also proposes to allow import of sturgeon caviar from shared stocks subject to quotas only during the calendar year in which it was harvested. (See ITT's Online Archives or 05/22/06 news, 06052230, for BP summary of FWS' current policies regarding certain types of sturgeon caviar and caviar products, including suspension of U.S. trade for caviar from certain regions, etc.)

Trade in plants. FWS clarifies that seeds, like other propagules, parts, products, and derivatives, are included in the listing of Appendix-I species, except for seeds of certain artificially propagated hybrids. Seeds may also be included in a listing of Appendix-II or -III species, depending on how the species listing is annotated. FWS notes that international shipments of CITES seeds, including artificially propagated seeds, must be accompanied by valid CITES documents.

FWS proposes to define "salvaged plant" and provides conditions that must be met for obtaining CITES documents to trade internationally in salvaged plants.

Timber. FWS proposes to incorporate CITES definitions (used in annotations to certain timber species) and CITES recommendations for timber species listed in Appendix II or III that have a substantive annotation regulating either the trade in logs, sawn wood, and veneer sheets, or the trade in logs, sawn wood, veneer sheets, and plywood. The proposed changes would allow-under specific circumstances-the period of validity for CITES documents for timber to be extended for a maximum of six months and would also include provisions for changing the ultimate consignee for a shipment after export or re-export.

Personal sport-hunted trophies. FWS proposes to define "sport-hunted trophy" to provide a clear understanding of what it considers to be included in the term and outlines the requirements for trade in sport-hunted trophies, including the use of a sport-hunted trophy after import. FWS notes that the definition of sport-hunted trophy does not include handicraft items or items manufactured from the trophy used as clothing, curios, ornamentation, jewelry, or other utilitarian items.

-written comments due by June 19, 2006

FWS Contact - Peter Thomas (703) 358-2093

FWS Proposed Rule (FR Pub 04/19/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3444.pdf

FWS Corrections on Proposed Rule (FR Pub 05/02/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/C6-3444.pdf