[Federal Register: June 4, 2003 (Volume 68, Number 107)]
[Proposed Rules]               
[Page 33431-33432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 16

RIN 1018-AG70

Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.


SUMMARY: The U.S. Fish and Wildlife Service announces the reopening of 
the public comment period on the proposed rule to add black carp 
(Mylopharyngodon piceus) to the list of injurious fish, mollusks, and 
crustaceans under the Lacey Act. We are reopening the comment period at 
this time in order to collect the best and most current scientific and 
economic data available on the proposed rule. Comments previously 
submitted need not be resubmitted as they will be incorporated into the 
public record and will be fully considered in the preparation of the 
next action.

DATES: Comments must be submitted on or before August 4, 2003.

ADDRESSES: Comments may be hand-delivered, mailed, or sent by fax to 
the Chief, Division of Environmental Quality, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Suite 322, Arlington, VA 22203; FAX 
(703) 358-1800. 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: Kari Duncan, Division of Environmental 
Quality, Branch of Invasive Species, at (703) 358-2464 or kari_


    The U.S. Fish and Wildlife Service published a proposed rule to add 
black carp to the list of injurious fish, mollusks, and crustaceans 
under the Lacey Act on July 30, 2002 (67 FR 49280). This listing would 
have the effect of prohibiting the importation of any live animal or 
viable egg of the black carp into the United States and prohibiting the 
movement of black carp or viable eggs between States without a permit 
issued by the Director of the Service. The best available information 
indicates that this action is necessary to protect the interests of 
human beings, and wildlife and wildlife resources from the purposeful 
or accidental introduction and subsequent establishment of black carp 
populations into ecosystems of the United States. As proposed, live 
black carp or viable eggs could be imported only by permit for 
scientific, medical, educational, or zoological purposes, or without a 
permit by Federal agencies solely for their own use; permits would also 
be required for the interstate transportation of live black carp or 
viable eggs currently held in the United States for scientific, 
medical, educational, or zoological purposes. The proposal would 
prohibit interstate transportation of live black carp or viable eggs 
currently held in the United States for any other purpose.
    The 60-day comment period on the proposed rule to add black carp to 
the list of injurious wildlife closed on

[[Page 33432]]

September 30, 2002. During that comment period, we received information 
indicating that we had identified only one of the two parasites 
affecting the catfish, baitfish, sportfish, largemouth bass, and hybrid 
striped bass aquaculture facilities and that we had underestimated the 
economic impact that the proposed rulemaking may have on those 
facilities. However, we did not receive sufficient information on the 
magnitude of the effects of these parasites on those facilities to 
complete the economic analysis. We are reopening the comment period to 
gather more economic and scientific data on black carp. In addition to 
seeking general scientific and economic information on black carp, we 
are seeking specific information relative to the magnitude of impact 
that yellow grubs (Clinostomum complanatum) and flatworms (Bolbophorus 
confusus) have had on catfish, baitfish, sportfish, largemouth bass, 
and hybrid striped bass aquaculture facilities; alternative chemical 
and/or biological methods used to control the parasites affecting these 
aquaculture facilities; potential or known distribution of black carp; 
and potential or known impact of black carp on native species.

Public Comments Solicited

    We are reopening the comment period at this time in order to 
collect the best and most current scientific and economic data 
available regarding the proposal to add black carp to the list of 
injurious wildlife under the Lacey Act. Previously submitted comments 
on the proposed rule need not be resubmitted. We will accept new and/or 
additional written comments and information during this reopened 
comment period.
    Submit comments as identified in ADDRESSES. If you submit comments 
by e-mail, please submit comments 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 this 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.


    The authority citation continues to read as follows:

    Authority: 18 U.S.C. 42.

    Dated: May 22, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-13996 Filed 6-3-03; 8:45 am]