[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15250-15252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05954]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-IA-2014-0010; 92220-1113-0000; ABC Code: C6]
RIN 1018-BA47
Endangered and Threatened Wildlife and Plants; Reinstatement of
the Regulation That Excludes U.S. Captive-Bred Scimitar-Horned Oryx,
Addax, and Dama Gazelle From Certain Prohibitions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Consolidated Appropriations Act of 2014 (Pub. L. 113-76)
was enacted into law on January 17, 2014. A provision of that act
directs the Secretary of the Interior, within 60 days of enactment, to
reissue the final rule published on September 2, 2005, that authorized
certain otherwise prohibited activities with U.S. captive-bred
specimens of scimitar-horned oryx, addax, and dama gazelle where the
purpose of the activity is associated with the management of the
species in a manner that contributes to increasing or sustaining
captive numbers or to potential reintroduction to range countries. This
rule implements that directive.
[[Page 15251]]
DATES: This action is effective March 19, 2014.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. You may obtain information about permits or other
authorizations to carry out otherwise prohibited activities by
contacting the U.S. Fish and Wildlife Service, Division of Management
Authority, Branch of Permits, 4401 N. Fairfax Drive, Room 212,
Arlington, VA 22203; telephone: 703-358-2104 or (toll free) 800-358-
2104; facsimile: 703-358-2281; email: managementauthority@fws.gov; Web
site: http://www.fws.gov/international/.
FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of
Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax
Drive, Suite 212, Arlington, VA 22203; telephone 703-358-2093; fax 703-
358-2280. If you use a telecommunications device for the deaf (TDD),
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2005 (70 FR 52319), the Service determined that the
scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and
dama gazelle (Gazella dama) were endangered in their entirety under the
Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). According to this
rule, the numbers of these species of antelopes in the wild had
declined drastically in the deserts of North Africa over the past 50
years. The causes of decline were habitat loss (desertification,
permanent human settlement, and competition with domestic livestock),
regional military activity, and uncontrolled killing. With the
exception of reintroduced animals, no sightings of the scimitar-horned
oryx had been reported since the late 1980s. Remnant populations of the
addax might still exist in remote desert areas, but probably fewer than
600 occur in the wild. Only small numbers of dama gazelle were
estimated to occur in the species' historical range, with recent
estimates of fewer than 700 in the wild. Captive-breeding programs
operated by zoos and private ranches have increased the number of these
antelopes, while genetically managing their herds and providing founder
stock necessary for reintroduction. At that time, the Sahelo-Saharan
Interest Group (SSIG) of the United Nations Environment Program
estimated that 4,000-5,000 scimitar-horned oryx, 1,500 addax, and 750
dama gazelle are in captivity worldwide, many of which were held in the
United States. Based on a 2010 census of its members, the Exotic
Wildlife Association (EWA) estimated that 11,032 scimitar-horned oryx,
5,112 addax, and 894 dama gazelle were on EWA member ranches.
On September 2, 2005 (the same date that we listed the three
antelopes as endangered), the Service also published a new regulation
(70 FR 52310) at 50 CFR 17.21(h) to govern certain activities with U.S.
captive-bred animals of these three species. For live antelopes,
including embryos and gametes, and sport-hunted trophies of these three
species, the regulation authorized certain otherwise prohibited
activities where the purpose of the activity is associated with the
management of the species in a manner that contributed to increasing or
sustaining captive numbers or to potential reintroduction to range
countries. These activities include take; export or re-import;
delivery, receipt, carrying, transport or shipment in interstate or
foreign commerce in the course of a commercial activity; and sale or
offer for sale in interstate or foreign commerce. For additional
information on that final rule, please see the preamble to the rule
published on September 2, 2005 (70 FR 52310).
The promulgation of this regulation was challenged in two
consolidated cases in the United States District Court for the District
of Columbia (see Friends of Animals, et al., v. Ken Salazar, Secretary
of the Interior and Rebecca Ann Cary, et al., v. Rowan Gould, Acting
Director, Fish and Wildlife Service, et al., 626 F. Supp. 2d 102
(D.D.C. 2009)). The District Court found that the rule violated section
10(c) of the ESA by not providing the public an opportunity to comment
on activities being carried out with these three antelope species. On
June 22, 2009, the Court remanded the rule to the Service for action
consistent with its opinion.
To comply with the Court's order, the Service published a proposed
rule on July 7, 2011 (76 FR 39804) and a final rule on January 5, 2012
(77 FR 431) that removed the regulation at 50 CFR 17.21(h), thus
eliminating the exclusion for U.S. captive-bred scimitar-horned oryx,
addax, and dama gazelle from certain prohibitions under the ESA. Under
that final rule, any person who wished to conduct an otherwise
prohibited activity with U.S. captive-bred scimitar-horned oryx, addax,
or dama gazelle would need to qualify for an exemption or obtain
authorization for such activity under the ESA. For additional
information on that final rule, please see the preamble to the rule
published on January 5, 2012 (77 FR 431).
On January 17, 2014, the Consolidated Appropriations Act of 2014
(Pub. L. 113-76) was enacted. Division G, Title I, Section 127 of that
act directs the Secretary of the Interior, within 60 days of the date
of enactment, to reissue the final rule published on September 2, 2005
(70 FR 52310), without regard to any other provision of statute or
regulation that applies to issuance of such rule. This rule implements
that directive.
Effects of the Rule
With this rule, persons who wish to engage in the specified
otherwise prohibited activities that meet the criteria for enhancement
of the propagation or survival of these species may do so without
obtaining an individual ESA permit. This rule does not authorize any
activity for any specimen of the three species from the wild. It also
does not affect provisions relating to importation or possession and
other acts with unlawfully taken wildlife. In addition, this rule
applies only to specimens that are captive-bred in the United States.
Any person who wishes to engage in any act that is prohibited under the
ESA with a specimen that has not been captive-bred in the United States
or from a facility that does not meet the criteria of this rule will
continue to need to obtain an individual permit under the ESA. The
issuance or denial of such permits is decided on a case-by-case basis
and only after all required findings have been made.
Each of the three antelope species are listed in Appendix I of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). This rule does not affect the CITES requirements for
these species. Therefore, any import into or export from the United
States of specimens of these species would not be authorized until all
CITES requirements have been met.
For additional information on this final rule, please see the
preamble to the rule published on September 2, 2005 (70 FR 52310).
Effective Date
This rule is effective upon publication in the Federal Register.
Section 127 of Division G, Title I, of Pub. L. 113-76, directs us to
reissue, within 60 days of enactment, the final rule published on
September 2, 2005. That section also expressly provides that such
reissuance is not subject to any other statute or regulation that
applies to such a rule. Accordingly, in reissuing this rule, any
[[Page 15252]]
delay in the effective date otherwise required by statute, regulation,
or Executive Order does not apply.
Required Determinations
This rulemaking implements Section 127 of Division G, Title I, of
Pub. L. 113-76, which expressly provides that the reissuance of this
rule is not subject to any other provision of statute or regulation
that applies to issuance of such a rule. Accordingly, in reissuing this
rule, the Service has not made and is not required to make
determinations otherwise required by statute, regulation, or Executive
Order, such as those previously made when issuing the final rule
published on September 2, 2005 (70 FR 52310, 52317-52318) (publishing a
new regulation at 50 CFR 17.21(h)) or those previously made when
issuing the final rule published on January 5, 2012 (77 FR 431, 436-
437) (removing the regulation at 50 CFR 17.21(h)).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. Amend Sec. 17.21 by adding paragraph (h) to read as follows:
Sec. 17.21 Prohibitions.
* * * * *
(h) U.S. captive-bred scimitar-horned oryx, addax, and dama
gazelle. Notwithstanding paragraphs (b), (c), (e), and (f) of this
section, any person subject to the jurisdiction of the United States
may take; export or re-import; deliver, receive, carry, transport or
ship in interstate or foreign commerce, in the course of a commercial
activity; or sell or offer for sale in interstate or foreign commerce
live wildlife, including embryos and gametes, and sport-hunted trophies
of scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and
dama gazelle (Gazella dama) provided:
(1) The purpose of such activity is associated with the management
or transfer of live wildlife, including embryos and gametes, or sport
hunting in a manner that contributes to increasing or sustaining
captive numbers or to potential reintroduction to range countries;
(2) The specimen was captive-bred, in accordance with Sec. 17.3,
within the United States;
(3) All live specimens of that species held by the captive-breeding
operation are managed in a manner that prevents hybridization of the
species or subspecies;
(4) All live specimens of that species held by the captive-breeding
operation are managed in a manner that maintains genetic diversity;
(5) Any export of or foreign commerce in a specimen meets the
requirements of paragraph (g)(4) of this section, as well as parts 13,
14, and 23 of this chapter;
(6) Each specimen to be re-imported is uniquely identified by a
tattoo or other means that is reported on the documentation required
under paragraph (h)(5) of this section; and
(7) Each person claiming the benefit of the exception of this
paragraph (h) must maintain accurate written records of activities,
including births, deaths, and transfers of specimens, and make those
records accessible to Service officials for inspection at reasonable
hours set forth in Sec. Sec. 13.46 and 13.47 of this chapter.
(8) The sport-hunted trophy consists of raw or tanned parts, such
as bones, hair, head, hide, hooves, horns, meat, skull, rug,
taxidermied head, shoulder, or full body mount, of a specimen that was
taken by the hunter during a sport hunt for personal use. It does not
include articles made from a trophy, such as worked, manufactured, or
handicraft items for use as clothing, curios, ornamentation, jewelry,
or other utilitarian items for commercial purposes.
Dated: March 10, 2014.
Michael Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2014-05954 Filed 3-17-14; 8:45 am]
BILLING CODE 4310-55-P