[Federal Register: January 22, 2003 (Volume 68, Number 14)]
[Rules and Regulations]               
[Page 2919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Address Change for 
Submission of Reports

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.


SUMMARY: We are updating the address for the submission of reports on 
specimens of endangered species taken in defense of self or others, or 
in the course of official duty by employees of Federal or State land 
management or conservation agencies.

DATES: This rule is effective on January 22, 2003.

FOR FURTHER INFORMATION CONTACT: Richard McDonald, Chief, Branch of 
Investigations, Office of Law Enforcement, U.S. Fish and Wildlife 
Service, telephone (703) 358-1949, fax (703) 358-1947.



    Regulations contained in title 50 of the Code of Federal 
Regulations, Part 17.21, provide for the take of endangered species in 
defense of self or others, or in the course of official duty, by 
employees of Federal or State land management or conservation agencies 
(40 FR 44412). These regulations state that when take of endangered 
species occurs under any of the above circumstances, a report must be 
submitted to our Office of Law Enforcement within five days. The 
address for the submission of these reports has changed since the 
publication of these regulations on September 26, 1975. This rule 
provides the current address for the submission of these reports.

Required Determinations

    We have reviewed this rule under the following statutes and 
Executive Orders that govern the rulemaking process: Executive Order 
12866 (Regulatory Planning and Review); Regulatory Flexibility Act (5 
U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act 
(5 U.S.C. 804(2); Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); 
Executive Order 12630 (Takings); Executive Order 13132 (Federalism); 
Executive Order 12988 (Civil Justice Reform); Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.); National Environmental Policy Act; 
Executive Order 13175 (Tribal Consultation) and 512 DM 2 (Government-
to-Government Relationship With Tribes); and Executive Order 13211 
(Energy Supply, Distribution, or Use). We have determined that this 
rule does not trigger any of the procedural requirements of these 
Executive Orders or statutes since this rule modifies only the address 
for the submission of reports on the take of endangered species under 
certain circumstances.
    We have determined that the public notice and comment provisions of 
the Administrative Procedure Act (APA) do not apply to this rule 
because the rule is only dealing with matters of agency organization, 
procedure, or practice (5 U.S.C. 553(b)(3)(A).
    Under the APA, our normal practice is to publish rules with a 30-
day delay in effective date. But in this case, we are using the ``good 
cause'' exemption under 5 U.S.C. 553 (d)(3) to make this rule effective 
upon publication because it modifies only the address for the 
submission of reports on the take of endangered species under certain 

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:


    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec.  17.21, revise paragraph (c)(4) to read as follows:

Sec.  17.21  Prohibitions.

* * * * *
    (c) * * *
    (4) Any taking under paragraphs (c)(2) and (3) of this section must 
be reported in writing to the U.S. Fish and Wildlife Service, Office of 
Law Enforcement, 4401 North Fairfax Drive, LE-3000, Arlington, VA 
22203, within five days. The specimen may only be retained, disposed 
of, or salvaged under directions from the Office of Law Enforcement.
* * * * *

    Dated: December 16, 2002.
Craig Manson,
Assistant Secretary--Fish and Wildlife and Parks.
[FR Doc. 03-1414 Filed 1-21-03; 8:45 am]