[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6930]
[[Page Unknown]]
[Federal Register: March 24, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 24
RIN 1018-AC36
Endangered and Threatened Wildlife and Plants; Designated Ports for
Listed Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (the Service) proposes to amend
the regulations that establish designated ports for the importation,
exportation, and reexportation of plants by adding the U.S. Department
of Agriculture (USDA) ports at Gulfport, MS, Portland, OR, and
Vancouver, WA, as designated ports for the importation of logs and
lumber from trees that are listed as endangered or threatened, under
the Endangered Species Act of 1973, as amended (the Act), or listed
under the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES). The USDA has adequate facilities and
personnel at these ports to qualify the ports as designated ports for
the importation, exportation, and reexportation of plants under the
terms of the Act and CITES. The addition of these three ports to the
list of designated ports would facilitate trade and the enforcement of
the Act and CITES.
DATES: Comments must be submitted on or before May 23, 1994. Requests
for a public hearing must be received by May 9, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Director, U.S. Fish and Wildlife Service, Office of
Management Authority, 1849 C Street NW. (MS 420 C ARLSQ), Washington,
DC 20240. Comments and materials may be hand-delivered to 4401 North
Fairfax Drive, room 420 C, Arlington, Virginia 22203 between the hours
of 8 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Marshall P. Jones, Chief, Office of
Management Authority, U.S. Fish and Wildlife Service, 1849 C Street
NW., (MS 420 C ARLSQ), Washington, DC 20240, telephone (703) 358-2095.
SUPPLEMENTARY INFORMATION:
Background
The Endangered Species Act of 1973, as amended (the Act), requires,
among other things, that plants be imported, exported, or reexported
only at designated ports or, under certain limited circumstances, at
nondesignated ports. Section 9(f) of the Act (16 U.S.C. 1538(f))
provides for the designation of ports. Under section 9(f)(1), the
Secretary of the Interior (the Secretary) has the authority to
establish designated ports based on a finding that such an action would
facilitate enforcement of the Act and reduce the costs of that
enforcement. The United States Department of Agriculture (USDA) and the
Secretary are responsible for enforcing provisions of the Act and the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) relating to the importation, exportation, and
reexportation of plants listed as endangered or threatened under the
Act or listed under CITES.
The regulations contained in 50 CFR part 24, ``Importation and
Exportation of Plants,'' are for the purpose of establishing ports for
the importation, exportation, and reexportation of plants. Plants that
are listed as endangered or threatened in 50 CFR 17.12 or in the
appendices to CITES in 50 CFR 23.23 are required to be accompanied by
documentation and may be imported, exported, or reexported only at one
of the USDA ports listed in Sec. 24.12(a) of the regulations. Certain
other USDA ports are designated for the importation, exportation, or
reexportation of specific listed plants. Section 24.12(e) of the
regulations contains a list of USDA ports that are, for the purposes of
the Act and CITES, designated ports for the importation, exportation,
and reexportation of plants that are not listed as endangered or
threatened or under CITES. (The USDA regulations in 7 CFR 319.37
contain additional prohibitions and restrictions governing the
importation of plants through those ports.)
For the purposes of its enforcement of the Act and CITES, the
Service requires that a port have personnel with expertise in
identifying endangered or threatened plants, and CITES listed plants,
to ensure that such plants are properly identified by their
accompanying documentation. A port must also possess adequate
facilities for holding live plants and plant material, since plants are
subject to seizure if imported, exported, or reexported in violation of
the Act or CITES. The Service further requires that, whenever possible,
ports be located to coincide with established patterns of plant trade
in order to help reduce shipping costs.
The Service has been asked to add the USDA ports at Gulfport, MS,
Portland, OR, and Vancouver, WA, to the list of designated ports for
the importation of logs and lumber from trees listed as endangered or
threatened under the Act or listed under CITES. Logs and lumber from
listed trees may currently be imported through one of the designated
ports for the importation of logs and lumber from trees listed as
endangered or threatened or under CITES, or through one of the USDA
ports designated for the importation, exportation, or reexportation of
plants listed as endangered or threatened or under CITES. Currently,
importers wishing to import logs and lumber from listed trees into a
U.S. port on the Gulf of Mexico may use only Mobile, AL, New Orleans,
LA, and Houston and Brownsville, TX. Importers wishing to import logs
and lumber from listed trees into a port in the northwestern United
States have only the port of Seattle, WA.
After consultations with the USDA, the Service has determined that
the USDA ports at Gulfport, MS, Portland, OR, and Vancouver, WA,
possess adequate facilities and personnel to carry out enforcement
activities related to the Act and CITES. Additionally, these locations
appear to coincide with established patterns of trade. Therefore, the
Service proposes to add these ports to the list of designated ports for
the importation of logs and lumber from listed trees.
Requests for Public Hearing
Section 9(f)(1) of the Act provides that any person may request an
opportunity to comment at a public hearing before the Secretary confers
designated port status on any port. Accordingly, the Service will
accept public hearing requests within 45 days of the publication of
this proposed rule. These requests should be sent to the Office of
Management Authority address listed in the ADDRESSES section of this
document.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule was not subject to Office of Management and
Budget (OMB) review under Executive Order 12866.
The Service believes that adding the USDA ports at Gulfport, MS,
Portland, OR, and Vancouver, WA, to the list of designated ports for
the importation of logs and lumber from trees listed as endangered or
threatened under the Act or listed under CITES would have a positive
economic impact. These ports are significant ports of entry for logs
and lumber, but they currently may not be used to import logs and
lumber from listed trees. Currently, importers wishing to import logs
and lumber from listed trees into a U.S. port on the Gulf of Mexico may
use only Mobile, AL, New Orleans, LA, and Houston and Brownsville, TX.
Importers wishing to import logs and lumber from listed trees into a
port in the northwestern United States have only the port of Seattle,
WA. Adding Gulfport, MS, Portland, OR, and Vancouver, WA, to the list
of designated ports for the importation of logs and lumber from trees
listed as endangered or threatened or under CITES would result in a
savings in time and transportation costs for importers of logs and
lumber.
Under these circumstances, the Service has determined that this
action would not have a significant economic impact on a substantial
number of small entities, as described in the Regulatory Flexibility
Act (5 U.S.C. 601).
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. The Office of the Solicitor has determined that
the requirements of Executive Order 12778 have been satisfied.
National Environmental Policy Act
The Service has determined that this proposed rule to add
designated ports under authority of the Endangered Species Act of 1973
for the importation and exportation of plants is not a major Federal
action which would significantly affect the quality of the human
environment within the meaning of section 102(2)(C) of the National
Environmental Policy Act of 1969.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of List of the Subjects in 50 CFR Part 24
Endangered and threatened species, exports, harbors, imports and
plants.
Accordingly, we propose to amend 50 CFR part 24 as follows:
PART 24--IMPORTATION AND EXPORTATION OF PLANTS
1. The authority citation for part 24 continues to read as follows:
Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat. 893,
897 (16 U.S.C. 1538(f)(1), 1540(f)).
Sec. 24.12 [Amended]
2. In Sec. 24.12, paragraph (e) would be amended by adding the
words ``Gulfport, Mississippi;'' after ``Baltimore, Maryland;'', by
adding the words ``Portland, Oregon;'' after ``Wilmington and Morehead
City, North Carolina;'', and by removing the words ``and Norfolk,
Virginia,'' and adding the words ``Norfolk, Virginia; and Vancouver,
Washington,'' in their place.
Dated: February 26, 1994.
George T. Frampton, Jr.,
Assistant Secretary, Fish and Wildlife and Parks
[FR Doc. 94-6930 Filed 3-23-94; 8:45 am]
BILLING CODE 4310-55-P
