[Federal Register: August 30, 2005 (Volume 70, Number 167)]

[Proposed Rules]               

[Page 51326-51327]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30au05-23]                         





[[Page 51326]]



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DEPARTMENT OF THE INTERIOR



Fish and Wildlife Service



50 CFR Part 16



RIN 1018-AG70



 

Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus); 

Availability of Draft Environmental Assessment and Draft Economic 

Analysis



AGENCY: Fish and Wildlife Service, Interior.



ACTION: Proposed rule; reopening of comment period and availability of 

supplemental information.



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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 

availability of a draft environmental assessment and draft economic 

analysis for public comment. These documents supplement the information 

in the proposed rule to add all forms (diploid and triploid) of live 

black carp (Mylopharyngodon piceus), gametes, and viable eggs to the 

list of injurious fish, mollusks, and crustaceans under the Lacey Act. 

We are also soliciting public comments on all aspects of the proposed 

rule.



DATES: Comments must be submitted on or before October 31, 2005.



ADDRESSES: The documents are available from the Chief, Division of 

Environmental Quality, U.S. Fish and Wildlife Service, 4401 North 

Fairfax Drive, Mail Stop 322, Arlington, Virginia 22203; FAX (703) 358-

1800. They also are available on our webpage at http://contaminants.fws.gov/Issues/InvasiveSpecies.cfm.

 Comments may be hand-



delivered, mailed, or sent by fax to the address listed above. 

Alternatively, you may send comments by electronic mail (e-mail) to: 

BlackCarp@fws.gov. See the Public Comments Solicited section below for 



file format and other information about electronic filing.



FOR FURTHER INFORMATION CONTACT: Erin Williams, Division of 

Environmental Quality, Branch of Invasive Species, at (703) 358-2034 or 

erin_williams@fws.gov.





SUPPLEMENTARY INFORMATION:



Background



    In February 2000, we were petitioned to list black carp as an 

injurious species of wildlife under the Lacey Act (18 U.S.C. 42). We 

published a proposed rule in the Federal Register to add all forms 

(diploid and triploid) of live black carp to the list of injurious 

fish, mollusks, and crustaceans under the Lacey Act on July 30, 2002 

(67 FR 49280); the comment period on the proposed rule closed on 

September 30, 2002. On June 4, 2003 (68 FR 33431), we reopened the 

comment period until August 4, 2003. We evaluated 103 comments received 

during the two comment periods on the proposed rule. We have also 

recently received new information relevant to the proposed listing from 

the aquaculture industry that we intend to consider during the 

development of the final rulemaking documents. This information can be 

accessed for public review using the contact information provided in 

the ADDRESSES section above. This notice announces the availability of 

a draft environmental assessment and draft economic analysis for the 

proposed rule. We are soliciting public comments on these documents as 

well as all other aspects of the July 30, 2002, proposed rule. We are 

particularly interested in comments on alternatively listing the 

diploid (fertile) form only, including gametes and viable eggs. A 

listing of the diploid (fertile) form would have the effect of 

prohibiting the importation of live diploid black carp, gametes, or 

viable eggs into the United States and prohibiting the movement of live 

diploid black carp, gametes, or viable eggs between States without a 

permit issued by the Director of the Service. A listing of all forms 

(diploid and triploid) would have the effect of prohibiting the 

importation of all live black carp, gametes, or viable eggs into the 

United States and prohibiting the movement of all live black carp, 

gametes, or viable eggs between States without a permit issued by the 

Director of the Service. The purpose of the draft environmental 

assessment is to evaluate three alternatives associated with the 

proposed rule to list black carp (Mylopharyngodon piceus) as an 

injurious species under the Lacey Act. The purpose of the draft 

economic analysis is to analyze the potential economic impact if the 

proposed rule were adopted as published.



Public Comments Solicited



    We are soliciting substantive public comments and supporting data 

on the draft environmental assessment, the draft economic analysis, and 

the proposal to add all forms (diploid and triploid) of live black carp 

to the list of injurious wildlife under the Lacey Act. Additionally, we 

are seeking comments and supporting data on the consideration of adding 

only live diploid (fertile) forms of black carp to the list of 

injurious wildlife. Listing the diploid form only would prohibit the 

importation and interstate movement of diploid live black carp, and 

would not prohibit the importation and interstate movement of live 

triploid (sterile) black carp. Comments already submitted on the 

proposed rule need not be resubmitted as they will be fully considered 

in our decisionmaking.

    The Service solicits substantive public comment on the following 

issues:

    1. How many black carp (diploid, triploid, or both) are currently 

in use in how many States? If a permit is required, please provide the 

number of black carp permitted for the past 15 years.

    2. Are data available regarding the number of channel catfish, 

baitfish, or hybrid striped bass farms that use diploid, triploid, or 

both diploid and triploid black carp? What is the total acreage of 

black carp (diploid, triploid, or both) used?

    3. Are data available to model the degree to which black carp are 

an effective biological control for snails and trematode outbreaks 

(i.e., mortality rates, growth rates, and disease susceptibility)?

    4. Are data available to estimate the cost of alternative 

biological and chemical methods to control snails and trematode 

outbreaks if diploid and triploid black carp are listed under the Lacey 

Act? Are data available to estimate the cost of alternative biological 

and chemical methods to control snails and trematode outbreaks if only 

diploid black carp are listed under the Lacey Act? Please provide data 

regarding the alternative methodologies and effectiveness and 

associated costs and benefits of the alternative(s) (chemical, 

biological, water level manipulation, or any combination of the three).

    5. Are data available to estimate the costs associated with ponds 

that suffer light (loss of 200 pounds), moderate (loss between 200-

2,000 pounds) or severe (loss over 2,000 pounds) outbreaks?

    6. Are estimates available for the cost to remediate a pond that 

suffers light (loss of 200 pounds), moderate (loss between 200-2,000 

pounds), and severe (loss over 2,000 pounds) outbreaks?

    7. Are data available to estimate the rate at which trematode 

outbreaks occurred between the 1970s and 2005?

    8. Are data available to estimate the rate at which trematode 

outbreaks are expected to change over the next 10 years, both with and 

without the use of black carp?

    9. Have studies been conducted to evaluate other biological and/or 

chemical methods to disrupt the life cycle of parasites currently 

controlled using black carp?

    10. Are data available to estimate the impact to catfish, baitfish, 

and hybrid



[[Page 51327]]



striped bass industries if diploid and triploid black carp are listed 

under the Lacey Act?

    11. Are data available to estimate the impact to catfish, baitfish, 

and hybrid striped bass industries if only diploid black carp are 

listed under the Lacey Act?

    12. Are data available for the retail cost of triploid animals? Are 

data available for the retail cost of diploid animals?

    13. Are data available for the cost of restocking based on the ease 

of capture when ponds are seined and fish discarded as offal at catfish 

processing plants? What is the cost of restocking, and how does either 

alternative affect restocking?

    14. Are data available for the costs for implementing 100% 

certified triploid black carp using the Coulter Counter[supreg] method? 

What are the protocols for sampling triploid black carp using this 

method? Are data available showing the effectiveness in identifying 

triploid black carp using the Coulter Counter[supreg] method?

    15. Are data available for the costs for implementing 100% 

certified triploid black carp using the flow cytometry method? What are 

the protocols for sampling triploid black carp using this method? Are 

data available showing the effectiveness in identifying triploid black 

carp using the flow cytometry method?

    16. Are there other scientifically proven methods to ensure 100% 

certification of triploid black carp?

    17. Is information/data available on the costs of providing escape-

proof containment of both triploid and diploid black carp? Movement may 

include transportation, wildlife, floods or other natural events.

    18. Are data available on the costs to eradicate black carp 

individuals and/or populations or similar nonnative populations, if 

found?

    19. Are data available on the costs of implementing native mollusk 

propagation, recovery, and restoration programs? Are data available on 

the State-listed species that would be impacted by the introduction of 

diploid or triploid black carp?

    20. Are data available on the costs to re-establish mussel and 

snail populations that may have been impacted by spills (or other 

events) or may be impacted by black carp?

    21. Are data available on the economic value of mussel shells used 

in the cultured pearl and jewelry industries?

    Submit comments and data as identified in ADDRESSES. If you submit 

documentation by e-mail, please submit it as an ASCII file format and 

avoid the use of special characters and encryption. Please include 

``Attn: [RIN 1018-AG70]'' in your e-mail subject line and your name and 

return address in your e-mail message. If you do not receive a 

confirmation from the system that we have received your e-mail message, 

contact us directly by calling our office at telephone number 703-358-

2148 during normal business hours. Please note that this e-mail address 

will be closed at the termination of the public comment period.

    Our practice is to make comments, including names and home 

addresses of respondents, available for public review during regular 

business hours. Individual respondents may request that we withhold 

their home address from the rulemaking record, which we will honor to 

the extent allowable by law. In some circumstances, we would withhold 

from the rulemaking record a respondent's identity, as allowable by 

law. If you wish for us to withhold your name and/or address, you must 

state this prominently at the beginning of your comment. However, we 

will not consider anonymous comments. We will make all submissions from 

organizations or businesses, and from individuals identifying 

themselves as representatives or officials of organizations or 

businesses, available for public inspection in their entirety.



    Authority: 18 U.S.C. 42.



    Dated: August 24, 2005.

Paul Hoffman,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 05-17173 Filed 8-29-05; 8:45 am]



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