96-6453. Proposed Consolidation of Lists of Wildlife and Plants  

  • [Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
    [Proposed Rules]
    [Pages 11179-11181]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-6453]
    
    
    
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    [[Page 11180]]
    
    
    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Parts 10, 14, 15, 16, 17, 18, and 23
    
    
    Proposed Consolidation of Lists of Wildlife and Plants
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Request for comments.
    
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    SUMMARY: Fish and Wildlife Service announces contemplated consolidation 
    and changes in format and presentation of numerous lists of wild plants 
    or animals (hereinafter ``wildlife'') subject to Federal regulation 
    pursuant to several statutes and treaties. The intent is to provide a 
    simplified, consolidated means for interested persons to determine 
    whether anticipated activities involving wildlife are subject to such 
    regulation and, if so, to refer the user directly to relevant 
    regulations where he or she can learn what must be done to conduct such 
    activities lawfully. This contemplated action will not add, delete or 
    transfer any taxon to, from or between any existing list(s) nor, in any 
    other way, modify the legal status of any wildlife now included on 
    those lists.
    
    DATES: Comments must be received on or before May 3, 1996.
    
    ADDRESSES: Comments and materials concerning this proposal may be 
    submitted to the Assistant Director, International Affairs, U.S. FWS, 
    4401 North Fairfax Drive, Mail Stop: 434, Arlington, Virginia 22203 
    (Fax 703-358-2280).
    
    FOR FURTHER INFORMATION CONTACT: Mr. Earl B. Baysinger, telephone (703) 
    358-1915.
    
    SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service) 
    hereby notifies interested persons, as a part of the President's 
    ``Regulatory Reform Initiative,'' that the Service contemplates 
    consolidating and changing the format and presentation of certain lists 
    of wildlife now maintained in Title 50 of the Code of Federal 
    Regulations (50 CFR).
        The purpose of this action is to simplify the task of determining 
    what actions are permitted, restricted or otherwise regulated with 
    regard to wildlife protected or otherwise subject to certain provisions 
    of: The Convention on International Trade in Endangered Species of Wild 
    Fauna and Flora, TIAS 8249; the Endangered Species Act of 1973, as 
    amended, 16 U.S.C. 1531-1543; the Migratory Bird Treaty Act, as 
    amended, 16 U.S.C. 703-712; the Wild Bird Conservation Act, 16 U.S.C. 
    4901-4916; the ``Injurious Wildlife'' provisions of the Lacey Act, as 
    amended, 18 U.S.C. 42; and the Marine Mammal Protection Act of 1972, as 
    amended, 16 U.S.C. 1361-1407.
        At present, approximately 17 lists identifying such wildlife and 
    relevant regulations are scattered throughout 50 CFR and there are no 
    effective cross-references. Many species or other taxa appear on two or 
    more lists and the legal requirements associated with each list apply 
    to such taxa. It is possible that persons attempting to determine what 
    restrictions may apply to contemplated activities involving a given 
    taxon could overlook one or more relevant list(s) and, therefore, 
    inadvertently fail to conduct their activities in compliance with 
    applicable laws or regulations. Such violations frequently are subject 
    to serious penalties.
        The opposite also is true. A person unable easily to determine what 
    restrictions apply to his or her activities may be inhibited from 
    carrying out activities that are not prohibited by law. Some wildlife 
    may receive protection not needed; others may fail to receive needed 
    and entitled consideration and both governmental personnel and those 
    whose activities may be regulated spend considerable time and effort 
    attempting to explain, understand and/or comply with those regulations. 
    These situations work to the detriment of the wildlife of concern, the 
    individual conducting the activities, the Service, and also exacerbate 
    public concern over Federal regulations.
        This action also is intended to enhance the efficiency and 
    effectiveness of personnel of the Service, other Federal, State, and 
    foreign agencies, non-governmental organizations and individuals who 
    enforce those statutes, those who advise the public concerning their 
    provisions or those who have other interests in such legally classified 
    wildlife. This action will not add, delete or transfer any taxon to, 
    from or between any existing list(s), nor will it, in any other way, 
    modify the legal status of any wildlife now included on any of those 
    lists.
        This action will consolidate the numerous lists of wildlife 
    promulgated pursuant to those statutes into a single list. That list 
    will be subdivided into two major divisions: animals and plants. Each 
    of those lists will be subdivided into yet-to-be determined taxonomic 
    groups (probably Orders or Families). Taxa within those taxonomic 
    groups will be listed alphabetically by genus and by species within 
    genus sequence. This consolidated list will be presented in two forms: 
    alphabetic by Latin name and alphabetic by English (where available) 
    Common Name.
        Those alphabetized lists will be presented in a matrix format with 
    the names of the taxa in rows down the vertical axis. References to the 
    relevant lists and the statutes from which they derive will be arrayed, 
    at the heads of vertical columns, across the horizontal axis. 
    Indicators in the box formed by intersection of a row containing a 
    taxon's name with a vertical column containing the name of a list will 
    indicate that taxon is on that list. Information at the top of the 
    vertical column(s) will refer the reader to the Section(s) in 50 CFR 
    containing relevant regulations. The matrix also will refer the user to 
    a set of expansive ``footnotes'' containing further information 
    concerning specific taxa. Such information will include, but not 
    necessarily be limited to: descriptions of any administratively 
    determined ``populations;'' applicable ``special rules,'' or other 
    relevant information not otherwise easily locatable.
        These consolidated lists and matrix will provide a ``user 
    friendly,'' species-oriented index to regulations in 50 CFR that relate 
    to taxa on those lists. A user simply would scan down whatever 
    alphabetical list is most easily used with the information available 
    (Latin or Common name). If the name of the taxon is not included, there 
    will be no need to search out and scan other lists.
        Assuming the user used the correct Latin or common name, he or she 
    safely can assume the taxon of interest has not been placed on any of 
    those lists and statutes relevant to the combined list are not 
    applicable.
        If the name is found, a quick scan across the row in which the name 
    appears will inform the user whether any administrative ``population'' 
    or ``special regulation'' is involved and upon which list(s) the taxon 
    has been placed. The built-in cross references would direct the user to 
    that information.
        Experience has shown users frequently are aware of the significance 
    of a taxon's presence on these existing lists but, since other Federal 
    agencies' regulations are published in different titles of the CFR, are 
    unaware those agencies also regulate activities involving that taxon. 
    Conscientious persons who complied with regulations published in 50 CFR 
    have found themselves in noncompliance with other agencies' regulations 
    in other titles that apply to that same taxon. As a public service and 
    to reduce the likelihood of such unintentional violations, the Service 
    contemplates inclusion in the matrix of a cross
    
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    reference to identify and alert the user to taxa on the consolidated 
    list that also are of concern to other Federal agencies.
        This action still is in the conceptual stage and comments or 
    suggestions are welcomed. This notice was prepared under the authority 
    of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
    seq.).
    
        Dated: February 21, 1996.
    George T. Frampton, Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 96-6453 Filed 3-18-96; 8:45 am]
    BILLING CODE 4310-55-M
    
    

Document Information

Published:
03/19/1996
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Request for comments.
Document Number:
96-6453
Dates:
Comments must be received on or before May 3, 1996.
Pages:
11179-11181 (3 pages)
PDF File:
96-6453.pdf
CFR: (7)
50 CFR 10
50 CFR 14
50 CFR 15
50 CFR 16
50 CFR 17
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