[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2454-2457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1338]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
RIN 1018-AC70
Export of River Otters Taken in Tennessee in the 1995-96 and
Subsequent Seasons
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) regulates international trade in certain
animal and plant species. Exports of animals and plants listed on
Appendix II of CITES require an export permit from the country of
origin. As a general rule, export permits are only issued after two
conditions are met. First, the exporting country's CITES Scientific
Authority must advise the permit-issuing CITES Management Authority
that such exports will not be detrimental to the survival of the
species. Then the Management Authority must make a determination that
the animals or plants were not obtained in violation of laws for their
protection. If live specimens are being exported, the Management
Authority must also determine that the specimens are being shipped in a
humane manner with minimal risk of injury or damage to health.
This document announces final findings by the Scientific and
Management Authorities of the United States that approve the addition
of Tennessee to the list of States and Indian Nations for which the
export of river otters is approved. The Service intends to apply these
findings to harvests in Tennessee during the 1995-96 season and
subsequent seasons, subject to the same conditions applying to States
previously approved.
EFFECTIVE DATE: January 26, 1996.
FOR FURTHER INFORMATION CONTACT: Scientific Authority Finding--Dr.
Marshall A. Howe, Office of Scientific Authority; phone 703-358-1708;
fax 703-358-2276.
Management Authority Finding/State Export Programs/Export Permits--
Ms. Carol Carson, Office of Management Authority; phone 703-358-2095;
fax 703-358-2280.
SUPPLEMENTARY INFORMATION: CITES regulates import, export, re-export,
and introduction from the sea of certain animal and plant species.
Species for which the trade is controlled are
[[Page 2455]]
included in three appendices. Appendix I includes species threatened
with extinction that are or may be affected by trade. Appendix II
includes species that, although not necessarily now threatened with
extinction, may become so unless trade in them is strictly controlled.
It also lists other species that must be subject to regulation in order
that trade in currently or potentially threatened species may be
brought under effective control (e.g., species difficult to distinguish
from currently or potentially threatened species). Appendix III
includes species that any Party identifies as being subject to
regulation within its jurisdiction for purposes of preventing or
restricting exploitation, and for which it needs the cooperation of
other Parties to control trade.
In the January 5, 1984, Federal Register (49 FR 590), the Service
announced the decision made at the Fourth Conference of the CITES
Parties that certain species of furbearing mammals, including the river
otter, should be regarded as being listed in Appendix II of CITES
because of similarity in appearance to other listed species or
geographically separate populations. The January 5, 1984, notice also
contained a rule approving the export of specimens of one or more such
furbearing species taken in specified States and Indian Nations and
Tribes during the 1983-84 and subsequent harvest seasons. Subsequently,
export of specimens taken in several additional States and Indian
Nations, Tribes, or Reservations was similarly approved through the
rulemaking process.
The January 5, 1984, document described how the Service, as
Scientific Authority, planned to monitor annually the population and
trade status of each of these species and to institute restrictive
export controls if prevailing export levels appeared to be contributing
to a long-term population decline. The document also described how the
Service, as Management Authority, would require States to assure that
specimens entering trade are marked with approved, serially unique tags
as evidence that they had been legally acquired.
This is the second Federal Register document concerning the
Service's findings on export of river otters, Lontra (formerly Lutra)
canadensis taken in Tennessee. The first document (60 FR 39347; August
2, 1995) announced the Service's proposed findings on the export of
river otters taken in Tennessee in the 1995-96 season and subsequent
seasons and solicited public comments.
The purpose of this rule is to add Tennessee to the list of States
and Indian Nations for which the export of river otters is approved (50
CFR Sec. 23.53). The Service will apply these findings to harvests in
Tennessee during the 1995-96 season and subsequent seasons, subject to
the same conditions applying to other approved entities.
Comments and Information Received
No comments or information were received concerning the August 2,
1995, Federal Register (60 FR 39347) notice proposing export of river
otters taken in the State of Tennessee.
Scientific Authority Findings
Article IV of CITES requires that, before a permit to export a
specimen of a species included in Appendix II can be granted by the
Management Authority of an exporting country, the Scientific Authority
must advise ``that such export will not be detrimental to the survival
of that species.'' The Scientific Authority for the United States must
develop such advice, known as a no-detriment finding, for the export of
Appendix II animals in accordance with Section 8A(c)(2) of the
Endangered Species Act of 1973, as amended (the Act). The Act states
that the Secretary of the Interior is required to base export
determinations and advice ``upon the best available biological
information derived from professionally accepted wildlife management
practices; but is not required to make, or require any State to make,
estimates of population size in making such determinations or giving
such advice.''
Because the river otter is listed on Appendix II of CITES primarily
because of similarity of appearance to other listed species in need of
rigorous trade controls, an important component of the no-detriment
finding by the Scientific Authority is consideration of the impact of
river otter trade on the status of these other species. The Scientific
Authority has determined that the dual practice of (1) issuing export
permits naming the species being traded and (2) marking pelts with tags
bearing the name of the species, country and State of origin, year of
harvest, and a unique serial number, is sufficient to eliminate
potential problems of confusion with other listed species (see
Management Authority Findings for tag specifications).
Primary responsibility for managing river otters lies with wildlife
agencies of individual States or Indian Nations. Each export-approved
State or Indian Nation in which this animal is harvested (50 CFR
Sec. 23.53) collects and reports various kinds of information as part
of their harvest management programs. In addition to considering the
effect of river otter trade on other CITES-listed species, the Service
regularly examines information from these State or Indian Nation
harvest management programs. This ongoing monitoring and assessment is
in accordance with the January 5, 1984, Federal Register (49 FR 590).
Whenever available information indicates a possible problem in a
particular State, the Scientific Authority will conduct a comprehensive
review of accumulated information to determine whether conclusions
about the treatment of these species as listed for similarity of
appearance need to be adjusted in the State. Approved entities are
requested annually to certify that the best available biological
information derived from professionally accepted wildlife management
practices indicates that harvest of river otters during the forthcoming
season will not be detrimental to the survival of the species.
Natural repopulation of river otters has been occurring in western
Tennessee since the 1950's. This increase is consistent with a
widespread pattern in the United States and is believed, in part, to
reflect colonization of suitable habitat created recently by a rapidly
expanding beaver population. The Tennessee Wildlife Resources Agency
has supported a study of the demography, food habits, and habitat use
of river otters in the State. The results of these studies show that
age and sex ratios of river otters in western Tennessee are similar to
those of healthy river otter populations elsewhere, including
populations experiencing harvest.
The Tennessee Wildlife Resources Agency conducted experimental
river otter trapping seasons annually from the 1989-90 season through
the 1994-95 season in the western part of the State. Total annual
harvest has ranged from 71 (1990-91) to 230 (1994-95). In the central
and eastern parts of Tennessee, this species is still classified under
State law as threatened and is not legally harvested at this time. The
available biological and harvest information leads the Service to
conclude that export of river otters legally harvested in Tennessee
will not be detrimental to the survival of the species.
All otters taken by trappers are required to be marked with special
tags approved by the Tennessee Wildlife Resources Agency. The State
also conducts a questionnaire survey of licensed trappers annually.
These surveys identify the size and geographic derivation of the river
otter harvest and will provide insight into State river otter
population trends over time. Analysis of these data should detect
population declines symptomatic of either an
[[Page 2456]]
unhealthy population or overharvest in time to take corrective action
through regulatory adjustments or other means.
Based upon (a) the information presented by the Tennessee Wildlife
Resources Agency, including river otter harvest regulations, and (b)
the determination that permitting and tagging requirements will
eliminate the possibility that other similar-appearing, CITES-listed
species in trade will be misrepresented as river otters, the Scientific
Authority finds that export of river otters harvested in 1995-96 and
subsequent seasons from Tennessee will not be detrimental to the
survival of the species or to the survival of other species the river
otter is listed to protect.
Management Authority Findings
Exports of Appendix II species are allowed under CITES only if the
Management Authority is satisfied that the specimens were not obtained
in contravention of laws for the protection of the involved species.
The Service, therefore, must be satisfied that the river otter pelts,
hides, or products being exported were not obtained in violation of
State, Indian Nation, Tribal, Reservation, or Federal law in order to
allow export. A system based on tagging requirements, to determine
whether specimens have been lawfully acquired, was stipulated in the
January 5, 1984, Federal Register (49 FR 590). The Service has
continued to monitor the implementation of these regulations and
considers that these programs provide reasonable assurance that river
otter specimens being exported were not obtained in violation of laws
established for their protection. The Management Authority finds that
the State of Tennessee has demonstrated the capability to manage a
tagging program according to these requirements.
Export Approval
This document represents the final administrative step in
procedures established to authorize export of river otters and other
designated furbearing mammals from Service-approved States and Indian
Nations and Tribes in accordance with CITES. Accordingly, the export of
Tennessee river otters harvested during the 1995-96 and subsequent
harvest seasons is now approved, on the grounds that both Scientific
Authority and Management Authority criteria have been satisfied.
The Department has determined, within the meaning of 5 U.S.C.
553(d) (1) and (3) of the Administrative Procedure Act, that there is
good cause to make these findings and rule effective immediately. It is
the Department's opinion that a delay in the effective date of the
regulations after this rule is published could affect the export of
pelts taken in the harvest season that is about to begin in Tennessee.
Such delays could have adverse economic impacts on individual trappers
and dealers that are directly affected by the finding. Because
Scientific and Management Authority criteria have been satisfied, it
follows that making this rule effective immediately will not adversely
affect the species involved. This approval is subject to revision prior
to any subsequent taking season in any State, Indian Nation, or Indian
Tribe, if a review of information reveals that Management Authority or
Scientific Authority findings in favor of export should be changed.
Effects of the Rule and Required Determinations
The Department has previously determined (48 FR 37494, August 18,
1983) that the export of river otters of various States and Indian
Tribes or Nations, taken in the 1983-84 and subsequent harvest seasons,
is not a major Federal action that would significantly affect the
quality of the human environment under the National Environmental
Policy Act (42 U.S.C. 4321-4347). This action is covered under an
existing Departmental categorical exclusion for amendments to approved
actions when such changes have no potential for causing substantial
environmental impact.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866 and will not have significant economic
effects on a substantial number of small entities as outlined under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because the existing
rule treats exports on a State-by-State and Indian Nation-by-Indian
Nation basis and proposes to approve export in accordance with a State
or Indian Nation, Tribe, or Reservation management program, the rule
will have little effect on small entities in and of itself. The rule
will allow continued international trade in river otters from the
United States in accordance with CITES, and it does not contain any
Federalism impacts as described in Executive Order 12612.
This rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no information collection
requirements.
This rule is issued under authority of the Endangered Species Act
of 1973 as amended (16 U.S.C. 1531 et seq.). The authors are Marshall
A. Howe, Office of Scientific Authority, and Carol Carson, Office of
Management Authority.
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, Treaties.
Regulation Promulgation
For reasons set forth in the preamble of this document, Part 23 of
Title 50, Code of Federal Regulations, is amended as follows:
PART 23--ENDANGERED SPECIES CONVENTION
1. The authority citation for Part 23 is revised to read as
follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered
Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.
2. In Subpart F--Export of Certain Species, revise Sec. 23.53 to
read as follows:
Sec. 23.53 River otter (Lontra canadensis).
States for which the export of the indicated season's harvest may
be permitted under Sec. 23.15 of this part:
(a) States and Harvest Seasons Approved for Export of River Otter
From the United States.
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1983-84 and 1995-96 and
1977-78 \1\ 1978-79 \2\ 1979-80 \3\ 1980-81 1981-82 1982-83 subse- quent subse- quent
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Alabama................................. Q + + + + + + +
Alaska.................................. + + + + + + + +
Arkansas................................ Q + + + + + + +
Connecticut............................. Q + + + + + + +
Delaware................................ Q + + + + + + +
Florida................................. Q + + + + + + +
Georgia................................. Q + + + + + + +
Louisiana............................... Q + + + + + + +
[[Page 2457]]
Maine................................... Q + + + + + + +
Maryland................................ Q + + + + + + +
Massachusetts........................... Q + + + + + + +
Michigan................................ Q + + + + + + +
Minnesota............................... Q + + + + + + +
Mississippi............................. Q + + + + + + +
Montana................................. Q + + + + + + +
New Hampshire........................... Q + + + + + + +
New Jersey.............................. - - - - - + + +
New York................................ Q + + + + + + +
North Carolina.......................... Q + + + + + + +
Oregon.................................. Q + + + + + + +
Penobscot Nation........................ - - - - - - + +
Rhode Island............................ Q + - - - - - -
South Carolina.......................... Q + + + + + + +
Tennessee............................... - - - - - - - +*
Vermont................................. Q + + + + + + +
Virginia................................ Q + + + + + + +
Washington.............................. Q + + + + + + +
Wisconsin............................... Q + + + + + + +
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\1\ For further information see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.
\2\ For further information see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR
35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978.
\3\ For further information see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR
55540, Sept. 26, 1979.
Q --Export approved with quota.
+ --Export approved.
- --Export not approved.
* --Export for 1994-95 approved administratively.
(b) Condition on export: Each pelt must be clearly identified as to
species, State of origin and season of taking by a permanently
attached, serially numbered tag of a type approved by the Service and
attached under conditions established by the Service. Exception to
tagging requirement: finished furs and fully manufactured fur products
may be exported from the United States when the State export tags,
removed from the pelts used to manufacture the product being exported,
are surrendered to the Service before export. Such tags must be removed
by cutting the tag straps on the female side next to the locking socket
of the tag, so that the locking socket and locking tip remain joined.
Dated: November 28, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1338 Filed 1-25-96; 8:45 am]
BILLING CODE 4310-55-P
