[Federal Register: June 2, 2000 (Volume 65, Number 107)]
[Proposed Rules]               
[Page 35314-35315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 16

Injurious Wildlife; Review of Information Concerning Black Carp 
(Mylopharyngodon piceus)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking.


SUMMARY: The U.S. Fish and Wildlife Service is reviewing available 
economic and biological information on the black carp (Mylopharyngodon 
piceus) for possible addition to the list of injurious wildlife under 
the Lacey Act. The importation and introduction of M. piceus into the 
natural ecosystem of the United States may pose a threat to native 
mollusk and fish populations. Listing M. piceus as injurious would 
prohibit its importation into, or transportation between, the 
continental United States, the District of Columbia, Hawaii, the 
Commonwealth of Puerto Rico, or any territory or possession of the 
United States, with limited exceptions. This notice seeks comments from 
the public to aid in determining if a proposed rule is warranted.

DATES: Comments must be submitted on or before August 1, 2000.

ADDRESSES: Comments may be mailed or sent by fax to the Chief, Division 
of Fish and Wildlife Management Assistance, U.S. Fish and Wildlife 
Service, 1849 C Street, NW, Mail Stop 840 ARLSQ, Washington, DC 20240, 
of FAX (703) 358-2044.

FOR FURTHER INFORMATION CONTACT: Susan Mangin, Division of Fish and 
Wildlife Management Assistance at (703) 358-1718.

SUPPLEMENTARY INFORMATION: In a February 24, 2000, letter to the 
Director of the U.S. Fish and Wildlife Service, the Mississippi 
Interstate Cooperative Resource Association (MICRA) expressed concern 
that Mylopharyngodon piceus posed a threat to native fish and mollusk 
populations. MICRA requested that the Director take the necessary steps 
to list M. piceus as an injurious species of wildlife.
    M. piceus is a freshwater fish that inhabits lakes and lower 
reaches of rivers. It is native to most major Pacific drainages of 
eastern Asia and highly esteemed as a food fish in China. M. piceus was 
introduced into the United States in the early 1970s as a 
``contaminant'' in imported grass carp stocks. A second introduction 
occurred in the 1980s for yellow grub control and as a food fish.
    M. piceus larvae and fingerlings feed on zooplankton, while larger 
M. piceus feed on benthic organisms with shells. Because the species 
commonly feeds on mollusks, M. piceus is considered an effective method 
of biological control of snails.
    M. piceus spawn in rivers, and their eggs are pelagic or 
semipelagic and drift downstream. They are annual spawners, with 
spawning triggered by water temperature, rising water levels, and 
availability of food. Research has indicated that pond-cultured females 
can produce an average of 65,000 eggs per kg (29,000 per lb.) of body 
    The Lacey Act (18 U.S.C. 42) and implementing regulation in 50 CFR 
part 16 restrict the importation into or the transportation of live 
wildlife or eggs thereof between the continental United States, the 
District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any 
territory or possession of the United States of any nonindigenous 
species of wildlife determined to be injurious or potentially injurious 
to certain interests, including those of agriculture, horticulture, 
forestry, the health and

[[Page 35315]]

welfare of human beings, and the welfare and survival of wildlife and 
wildlife resources in the United States. However, injurious wildlife 
may be imported by permit for zoological, educational, medical, or 
scientific purposes in accordance with permit regulations at 50 CFR 
16.22, or by Federal agencies without a permit solely for their own 
use. If the process initiated by this notice results in the addition of 
M. piceus to the list of injurious wildlife contained in 50 CFR part 
16, their importation into the United States would be prohibited except 
under the conditions, and for the purposes, described above.
    This notice solicits economic, biologic, or other information 
concerning M. piceus. The information will be used to determine if the 
species is a threat, or potential threat, to those interests of the 
United States delineated above, and thus warrants addition to the list 
of injurious wildlife in 50 CFR 16.13. The information will also assist 
us in preparing impact analyses and examining alternative protective 
measures under the Regulatory Flexibility Act (5 U.S.C. 601).

    Authority: This notice is issued under the authority of the 
Lacey Act (18 U.S.C. 42).

    Dated: May 16, 2000.
Jamie Rappaport-Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 00-13557 Filed 6-1-00; 8:45 am]