Amendment of List of CITES Species (05/02/2003) (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of CITES Species

I, David Kemp, Minister for the Environment and Heritage, pursuant to paragraphs 303CA(9)(b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999, hereby amend the list of CITES species established under subsection 303CA(1) of that Act, as set out in Schedule 1 to this instrument. 

For the purposes of information, a consolidated list of CITES species, as amended by this instrument, is set out in Schedule 2.

This amendment will take effect on the date of publication in the Gazette, or on

13 February 2003, whichever is the later.

Dated this    5th    day of     February     2003

DAVID KEMP

Minister for the Environment and Heritage

Schedule 1

Add to Appendix II

Fauna

Class: Actinopterygii (Ray-finned fishes)
Taxon	Common Name	Appendix	Notation	First Listed
Order: Syngnathiformes
Family: Syngnathidae
Hippocampus spp	seahorses	II	Enters into effect 18 months after the end of the 12th CITES Conference of the Parties	15 May 04

Family: Cetorhinidae
Cetorhinus maximus	Basking Shark	II	13 Feb 03
Order: Orectolobiformes
Family: Rhincodontidae
Rhincodon typus	Whale Shark	II	13 Feb 03

Scaphiophryne gottlebei	Gottlebes Frog	II	13 Feb 03
Brookesia spp	chameleons	II	All species in genus except those in App. I	13 Feb 03
Annamemys annamensis	Annam Pond Turtle	II	13 Feb 03
Heosemys depressa	turtle	II	13 Feb 03
Heosemys grandis	turtle	II	13 Feb 03
Heosemys leytensis	turtle	II	13 Feb 03
Heosemys spinosa	turtle	II	13 Feb 03
Hieremys annandalii	Yellow-headed Temple Turtle	II	13 Feb 03
Kachuga spp	Indian  roofed turtle	II	Except species in App. I	13 Feb 03
Leucocephalon yuwonoi	Sulawesi Forest Turtle	II	13 Feb 03
Mauremys mutica	Yellow Pond Turtle	II	13 Feb 03
Orlitia borneensis	Malayan Giant Turtle	II	13 Feb 03
Pyxidea mouhotii	Keeled Box Turtle	II	13 Feb 03
Siebenrockiella crassicollis	Black Marsh Turtle	II	13 Feb 03
Platysternon megacephalum	Big-headed Turtle	II	13 Feb 03
Chitra spp	turtle	II	13 Feb 03
Pelochelys spp	giant softshell turtles	II	13 Feb 03
Atrophaneura jophon	Swallowtail Butterfly	II	13 Feb 03
Atrophaneura pandiyana	Swallowtail Butterfly	II	13 Feb 03

Flora

Swietenia macrophylla	Bigleaf Mahogany	II	Neotropical populations only. Enters into effect 12 months after the end of the 12th CITES Conference of the Parties	15 Nov 03
Beccariophoenix madagascariensis	Manarano Palm	II	13 Feb 03
Lemurophoenix halleuxii	Red Lemur Palm	II	13 Feb 03
Marojejya darianii	Big Leaf Palm	II	13 Feb  03
Ravenea rivularis	Majestic Palm	II	13 Feb 03
Ravenea louvelii	Palm	II	13 Feb 03
Satranala decussilvae	Forest Bismarckia	II	13 Feb 03
Voanioala gerardii	Forest Coconut	II	13 Feb 03
Guaiacum spp	Lignum Vitae	II	Designates all parts and	13 Feb 03
Taxon	Common Name	Appendix	Notation	First Listed
derivatives, except: a)     seeds and pollen; b)     seedling or tissue culture obtained in vitro, or solid or liquid media, transported in sterile containers; c)     cut flowers of artificially propagated plants; and d)     chemical derivatives and finished pharmaceutical products

Transfer from Appendix I to Appendix II with Notations amended as appropriate

Rhea pennata pennata (also referenced as Pterocnemia)	Darwin’s Rhea	II	Populations of Chile	1 Jul 75
Vicugna vicugna	Vicuña	II	Argentina: Population	1 Jul 75
of the Province of Catamarca, for the exclusive purpose of allowing international trade in wool sheared from live animals, cloth derived manufactured products and other handicraft artifacts.
Vicugna vicugna	Vicuña	II	Bolivia: The whole	1 Jul 75
Population of Bolivia.    For the exclusive purpose of allowing international trade in products made from wool sheared, from live animals.  The reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the ‘Convenio para la Conservación  y  Manejo  de  la  Vicuña’ and the words ‘ ‘VICUÑA – BOLIVIA’.
Vicugna vicugna	Vicuña	II	Chile: populations of	1 Jul 75
Primera Región. For the exclusive purpose of allowing international trade in wool sheared from live vicunas, and in cloth and items made thereof, including luxury handicrafts and knitted articles.  The reverse side of cloth must bear the logo adopted by the range states of the species which are signatories to the Convenio para la Conservación  y  Manejo  de  la  Vicuña, and the selvages the words ‘VICUÑA-CHILE’.  All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.

Plants

Dudleya traskiae	Santa Barbara Island Dudleya	II	29 Jul 83
Aloe thorncroftii	aloe	II	1 Jul 75

Add to Appendix I

Fauna

Brookesia perarmata chameleon I 13 Feb 03

Transfer from Appendix II to Appendix I

Fauna

Amazona ochrocephala auropalliata	Yellow-napped Parrot	I	6 Jun 81
Amazona ochrocephala belizensis	Yellow-napped Parrot	I	6 Jun 81
Amazona ochrocephala caribaea	Yellow-napped Parrot	I	6 Jun 81
Amazona ochrocephala oratrix	Yellow-napped Parrot	I	6 Jun 81
Amazona ochrocephala parvipes	Yellow-napped Parrot	I	6 Jun 81
Amazona ochrocephala tresmariae	Yellow-napped Parrot	I	6 Jun 81
Taxon	Common Name	Appendix	Notation	First Listed
Ara couloni	Blue-headed Macaw	I	13 Feb 03
Pyxis planicauda	Flat-tailed spider Tortoise	I	1 July 75

Flora

Araucaria araucana	Monkey‑puzzle Tree	I	1 Jul 75
Sclerocactus nyensis	Tonapah fishhook Cactus	I	1 Jul 75
Aerangis ellisii	orchid	I	1 Jul 75

Replace the existing Notations to the items below with the following Notations

Fauna

Cetacea spp.	All whales, porpoises, and dolphins	II	All species in the Order Cetacea except those in App. I or with earlier listed date in App. II. A zero quota has been established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.	28 Jun 79
Loxodonta africana	African Elephant	II	Includes only the	4 Feb 77
Population of Botswana for the exclusive purpose of allowing: a) Trade in hunting trophies for non-commercial purposes; b) Trade in live animals for in-situ conservation programmes; c) Trade in hides; d) Trade in leather goods for non commercial purposes; e) Trade in registered raw ivory (whole tusks and pieces) subject to the following:  i. Only registered government-owned stocks, originating in Botswana (excluding seized ivory and ivory of unknown origin);  ii. Only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP12) concerning domestic manufacturing and trade; iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing); iv. A maximum amount of 20,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat;  v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range;  vi. Only after the Standing Committee has agreed that the above conditions have been met. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.”
Taxon	Common Name	Appendix	Notation	First Listed
Loxodonta africana	African Elephant	II	Includes only the	4 Feb 77
Population of Namibia: For the exclusive purpose of allowing: a) Trade in hunting trophies for non-commercial purposes; b) Trade in live animals for in-situ conservation programmes; c) Trade in hides;   d) Trade in leather goods for non commercial purposes; e) Trade in registered raw ivory (whole tusks and pieces) subject to the following: i. Only registered government-owned stocks, originating in Namibia (excluding seized ivory and ivory of unknown origin);  ii. Only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP12) concerning domestic manufacturing and trade;  iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant  population numbers, incidence of illegal killing);  iv. A maximum amount of 10,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat; v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range;  vi. Only after the Standing Committee has agreed that the above conditions have been met.  On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly
Loxodonta africana	African Elephant	II	Includes only the	4 Feb 77
population of South Africa. For the exclusive purpose of allowing: a) Trade in hunting trophies for non-commercial purposes; b) Trade in live animals for in-situ conservation programmes; c) Trade in hides; d) Trade in leather goods for non commercial purposes; e) Trade in registered raw ivory (whole tusks and cut pieces of ivory that are both 20 cm or more in length and one kilogramme or more in weight) subject to the following: i. Only registered government-owned stocks, originating in Kruger National Park  (excluding seized ivory and ivory of unknown origin);  ii. Only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP12) concerning domestic manufacturing and trade; iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing); iv. A maximum amount of 30,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat; v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range; vi. Only after the Standing Committee has agreed that the above conditions have been met. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.”

Flora

Taxon	Common Name	Appendix	Notation	First Listed
Orchidaceae spp.	Orchids	II	Artificially propagated	1 Jul 75
specimens of hybrids within the genus Phalaenopsis, are not subject to the provisions of the Convention when: a) specimens are traded in shipments consisting of individual containers (i.e. cartons, boxes, or crates) containing 100 or more plants each;  b) all plants within a container are of the same hybrid, with no mixing of different hybrids within a container; c) plants within a container can be readily recognized as artificially propagated specimens by exhibiting a high degree of uniformity in size and stage of growth, cleanliness, intact root systems, and general absence of damage or injury that could be attributable to plants originating in the wild; d) plants do not exhibit characteristics of wild origin, such as damage by insects or other animals, fungi or algae adhering to leaves, or mechanical damage to roots, leaves, or other parts resulting from collection; and e) shipments are accompanied by documentation, such as an invoice, which clearly states the number of plants and which of the six exempt genera are included in the shipment, and is signed by the shipper.  Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents.

Replace:

Vicugna vicugna Vicuna I Except Populations in App. I under conditions specified 1 Jul 75

With:

Vicugna vicugna Vicuna I Except Populations in App. II under conditions specified 1 Jul 75

Delete the following species:

Fauna

Cnemidophorus hyperythrus Orange‑throated Whiptail Lizard, Orange-throated Racerunner II 1 Jul 75

Flora

Lewisia maguirei Maguire's Lewisia II 29 Jul 83

Add to Appendix III

Flora

Dipteryx panamensis Almendro III Costa Rica 13 Feb 03

Delete from Appendix III

Fauna

Agkistrodon bilineatus	Cantil	III	Honduras	13 Apr 87
Atropoides nummifer (formerly included as Bothrops nummifer)	Jumping Pit Viper	III	Honduras	13 Apr 87
Bothriechis schlegelii (formerly included as Bothrops schlegelii )	Eyelash Palm Pit Viper, Lance Head	III	Honduras	13 Apr 87
Bothrops asper	Terciopelo	III	Honduras	13 Apr 87
Porthidium nasutum (formerly included as Bothrops nasutus)	Rainforest Hognosed Pit-Viper	III	Honduras	13 Apr 87
Porthidium ophryomegas (formerly included as Bothrops ophryomegas)	Slender Hognosed Pit-Viper	III	Honduras	13 Apr 87