[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6931]
[[Page Unknown]]
[Federal Register: March 25, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 24
RIN 1018-AB28
Endangered and Threatened Wildlife and Plants; Designated Ports
for Listed Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (the Service) hereby amends the
regulations concerning the importation, exportation, and reexportation
of plants by adding the U.S. Department of Agriculture (USDA) ports at
Mobile, AL, Savannah, GA, Baltimore, MD, Morehead City and Wilmington,
NC, Philadelphia, PA, Charleston, SC, and Norfolk, VA, 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
Service is also designating the USDA port at Wilmington, NC, as a port
for the exportation of Venus flytrap (Dionaea muscipula) plants. 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 ports to the list of designated ports will facilitate
trade and the enforcement of the Act and CITES.
EFFECTIVE DATE: March 25, 1994.
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 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 section 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. (The USDA regulations in 7 CFR
319.37 contain additional prohibitions and restrictions governing the
importation of plants through those ports.)
In a July 21, 1993, Federal Register notice (58 FR 39003), the
United States Fish and Wildlife Service (Service) proposed that the
USDA ports at Mobile, AL, Savannah, GA, Baltimore, MD, Morehead City
and Wilmington, NC, Philadelphia, PA, Charleston, SC, and Norfolk, VA,
be listed as designated ports for the importation of logs and lumber
from trees that are listed as endangered or threatened under the Act or
CITES. The Service further proposed to designate the port at
Wilmington, NC, as a port for the exportation of Venus flytrap (Dionaea
muscipula) plants. Finally, the Service acted to correct a
typographical error in the regulations.
Comments Submitted
The Service's July 21, 1993, notice invited the submission of
written comments regarding the proposal for a 60-day comment period
ending on September 20, 1993. Four comments were received by that date,
from a lumber company, a lumber trade association, a U.S. Senator, and
a State port authority. All four commenters asked that Gulfport, MS, be
added to the list of designated ports for the importation of logs and
lumber from trees that are listed as endangered or threatened under the
Act or CITES. In addition, one of the commenters asked that the ports
at Portland, OR, and Vancouver, WA, also be added to that list.
The Service has consulted with the USDA regarding the addition of
Gulfport, MS, Vancouver, WA, and Portland, OR, to the list of
designated ports for the importation of logs and lumber from trees that
are listed as endangered or threatened under the Act or CITES. Those
consultations were necessary to determine whether the ports possess
adequate facilities and personnel to carry out enforcement activities
related to the Act and CITES. As a result of those consultations, the
Service believes that Gulfport, MS, Vancouver, WA, and Portland, OR,
could be added to the list of designated ports for the importation of
logs and lumber from trees that are listed as endangered or threatened
under the Act or listed under CITES. However, because they were not
listed in the July 21, 1993, proposed rule, Gulfport, MS, Vancouver,
WA, and Portland, OR, cannot be added to the list of designated ports
in this final rule. Therefore, the Service intends to include those
three ports in a new proposed rule for publication in the Federal
Register.
In this final rule, the Service has changed the order in which the
ports are listed in new paragraph (e) of section 24.12. The ports are
now listed in alphabetical order, by State, in order to simplify any
future amendments to the paragraph.
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 of the
Interior confers designated port status on any port. Accordingly, the
Service's July 21, 1993, notice invited public hearing requests, which
were required to be received by the Service on or before September 3,
1993. No such requests were received.
Treasury Department Approval to Designate Proposed Ports
Section 9(f)(1) of the Act also provides, in part that:
``For the purpose of facilitating enforcement of this chapter and
reducing costs thereof, the Secretary of the Interior, with approval of
the Secretary of the Treasury and after notice and opportunity for
public hearing, may, by regulation, designate ports and change such
designations.''
Approval from the Secretary of the Treasury was obtained in
accordance with these provisions.
Therefore, based on the rationale set forth in the proposed rule
and in this document, the Service is adopting the provisions of the
proposal as a final rule with the changes discussed in this document.
Effective Date
The effect of this rule is to grant an exemption from 16 U.S.C.
1538(f), which generally prohibits importation of wildlife and plants
except at such ports as may be designated. Accordingly, it may be given
immediate effect under 5 U.S.C. 553(d)(1), which permits a rule that
``grants or recognizes an exemption or relieves a restriction'' to be
given immediate effect.
Executive Order 12866 and Regulatory Flexibility Act
This rule was not subject to Office of Management and Budget (OMB)
review under Executive Order 12866.
The Service believes that establishing the USDA ports at Mobile,
AL, Savannah, GA, Baltimore, MD, Morehead City and Wilmington, NC,
Philadelphia, PA, Charleston, SC, and Norfolk, VA, as designated ports
for the importation of logs and lumber from trees listed as endangered
or threatened under the Act or listed under CITES will have a positive
economic impact. These ports are major ports of entry for logs and
lumber, but they had not been designated as ports for the importation
of logs and lumber from listed trees. Before the effective date of this
rule, importers wishing to import logs and lumber from listed trees
into a port on the east coast of the United States could use only
Hoboken, NJ, or Miami, FL, and importers wishing to import logs and
lumber from listed trees into a U.S. port on the Gulf of Mexico could
use only Brownsville and Houston, TX, and New Orleans, LA. Establishing
Mobile, AL, Savannah, GA, Baltimore, MD, Morehead City and Wilmington,
NC, Philadelphia, PA, Charleston, SC, and Norfolk, VA, as designated
ports for the importation of logs and lumber from trees listed as
endangered or threatened under the Act or listed under CITES will
result in a savings in time and transportation costs for importers of
logs and lumber.
The Service also believes that establishing Wilmington, NC, as a
designated port for the exportation of Venus flytrap plants will have a
positive economic impact. The Venus flytrap occurs chiefly in North
Carolina and also in South Carolina. Before the inclusion of the Venus
flytrap in appendix II of CITES became effective on June 11, 1992,
exporters of the Venus flytrap had been able to use Wilmington, NC, and
other USDA ports for the exportation of their plants. After June 11,
1992, however, those exporters were required to send their plants
through ports designated for the importation, exportation, or
reexportation of listed plants, with Miami, FL, and Hoboken, NJ, being
the closest such ports to North Carolina and South Carolina.
Establishing Wilmington, NC, as a designated port for the exportation
of Venus flytrap will result in a savings in time and transportation
costs for exporters of the plant.
Under these circumstances, the Service has determined that this
action will not have a significant economic effect 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 final 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 final rule adding 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 will 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 final 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 Subjects in 50 CFR Part 24
Endangered and threatened species, Exports, Harbors, Imports and
plants.
Accordingly, we are amending 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)).
2. In Sec. 24.12, paragraph (e) is redesignated as paragraph (g),
and two new paragraphs, (e) and (f), are added to read as follows:
Sec. 24.12 Designated ports.
* * * * *
(e) The U.S. Department of Agriculture ports at Mobile, Alabama;
Savannah, Georgia; Baltimore, Maryland; Wilmington and Morehead City,
North Carolina; Philadelphia, Pennsylvania; Charleston, South Carolina;
and Norfolk, Virginia, are designated ports for the importation of logs
and lumber from trees which are listed in the appendices to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) or in 50 CFR 17.12 or 23.23 and which are required to
be accompanied by documentation under 50 CFR part 17 or 23.
(f) The U.S. Department of Agriculture port at Wilmington, North
Carolina, is a designated port for the exportation of plants of the
species Dionaea muscipula (Venus flytrap), which is listed in appendix
II to CITES and which is required to be accompanied by documentation
under 50 CFR part 23.
* * * * *
Sec. 24.12 [Amended]
3. In Sec. 24.12, in newly redesignated paragraph (g), the list of
U.S. Department of Agriculture ports is amended by removing the words
``San Antonia, Texas'' and adding the words ``San Antonio, Texas''.
Dated: February 26, 1994.
George T. Frampton,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 94-6931 Filed 3-24-94; 8:45 am]
BILLING CODE 4310-55-P
