[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Rules and Regulations]
[Page 70185-70190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-19]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI81
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Dugong (Dugong dugon) in the Republic of
Palau
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the United States Fish and Wildlife Service (Service),
determine endangered status for the population of dugong (Dugong dugon)
in the Republic of Palau pursuant to the Endangered Species Act of
1973, as amended (Act). Currently, the dugong is listed under the Act
as endangered throughout its entire range, except in the Republic of
Palau. It is believed that Palauan waters support one of the most
isolated populations of dugong in the world, and it is unlikely that
this population is receiving any recruitment from other areas. The
Palauan population is seriously threatened by poaching.
EFFECTIVE DATE: January 16, 2004.
ADDRESSES: The complete supporting file for this rule is available for
public inspection, by appointment, during normal business hours at the
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401
N. Fairfax Drive, Room 750, Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Eleanora Babij at the above address,
or by phone, 703-358-1708; fax, 703-358-2276; or e-mail,
ScientificAuthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The dugong (Dugong dugon) is the only extant species in the Family
Dugongidae and is one of only four extant members of the mammalian
Order Sirenia. It is the only herbivorous mammal that is strictly
marine; other members of the Order Sirenia, including three species of
manatees, all use fresh water to varying degrees (Marsh et al. 1995).
It has a large range that spans the waters of at least 37 countries and
includes tropical and subtropical coastal and inland waters from East
Africa to the Solomon Islands (Marsh et al. 2002). Historically, the
dugong's distribution is believed to be broadly coincident with the
tropical Indo-Pacific distribution of its food plants, phanerogamous,
or flowering, seagrasses of the families Potamogetonaceae and
Hydrocharitaceae (Husar 1978). Currently, throughout much of its range,
the dugong is represented by relict populations separated by large
areas where its numbers have been greatly reduced or it is already
extirpated (Marsh et al. 2002).
It is thought that most dugong populations around isolated
archipelagoes have always been small. This is mostly due to the fact
that dugongs are largely restricted to a diet of rooted vascular
macrophytes, such as seagrass, found only in protected inshore waters
(Brownell et al. 1981). It has been suggested that dugongs select
seagrasses that are lower seral or pioneer species, and species of
genera such as Halophila and Halodule are favored in many areas.
Dugongs optimize their diet by selecting species that are more
digestible and have higher nutrients and/or species that can compensate
for grazing. Dugongs generally frequent coastal waters that support
extensive seagrass meadows (Marsh and Lawler 1998) where these food
species can be found. Major concentrations of dugong tend to occur in
wide, shallow, protected bays; wide, shallow mangrove channels; and in
the lees of large inshore islands (Heinsohn et al. 1979). Shallow
waters, such as tidal sandbanks (Marsh et al. 1984) and
[[Page 70186]]
estuaries, have also been reported as sites for calving.
Dugongs do not appear to be well adapted to activity in rough seas,
where the necessity to surface frequently to breathe may impose heavy
energy costs (Anderson and Birtles 1978). Food requirements and energy
demands combine to force dugongs to use inshore areas frequently, where
they may be taken by hunters with even the smallest watercraft. It has
been reported that animals subject to hunting pressure frequent deeper
waters during the daytime (Brownell et al. 1981) and move toward the
shore to feed at night. However, Nishiwaki and Marsh (1985) found that
there is diurnal (daytime) inshore feeding in some areas.
Dugongs are long-lived, with a low reproductive rate, long
generation time, and a high investment in each offspring. Marsh (2002)
has suggested that females do not bear their first calf until they are
at least 10 and up to 17 years old. The gestation period is 13-15
months, and the litter size is usually one. The calf suckles for 14-18
months, and periods between successive calving range from 2.4 to 7
years (Nowak 1991). Population simulations by Marsh (1995, 1999) have
revealed that, even with the most optimistic combinations of life-
history parameters (low natural mortality and no human-induced
mortality), a dugong population is unlikely to increase more than 5
percent per year.
In the Micronesian area, dugongs occur only in Palau, except for
occasional sightings around Yap and Guam (Nishiwaki et al. 1979, as
cited in Marsh et al. 1995). It is believed that Palauan waters support
one of the most isolated populations of dugong in the world. The
closest dugong populations are found in Papua Barat, 800 km to the
south, and in the Philippines, 850 km to the west. In both of these
areas, dugongs are under threat from human exploitation, and it is
unlikely that the Palauan population is supplemented by recruitment
from either of these areas (Marsh et al. 1995). The dugong's close ties
to the shore increase its chances of local extinction and may limit the
chances of long-distance dispersal and recolonization or recruitment
through immigration (Brownell et al. 1981).
Full aerial surveys have been conducted in these waters around
Palau in 1977-1978, 1983, and 1991. One survey was partially completed
in 1998, but was halted because of the loss of the aircraft (The Nature
Conservancy 2002). The numbers of individuals observed were 15 in 1977
and 34 in 1978 (Brownell et al. 1981). Of these numbers, 13 percent of
the specimens seen in 1977 were calves, whereas 24 percent were calves
in 1978, indicating an apparent increase in the reproductive rate
(Eldredge 1991). The population in Palau was resurveyed in 1983 by
Rathbun et al. (1988), with the total number of individuals observed
being 38, including three calves. A survey conducted in 1991 by Marsh
et al. (1992) covered 55 percent of the waters inside the barrier
reefs. Twenty-six dugongs were sighted, including four calves. This is
a minimum count because some dugongs on the surface are missed by
observers and others are not seen because they are too far below the
water surface (Marsh and Lawler 1998). The number of dugongs sighted in
the 1991 survey suggests a reduction in the number of dugongs in
Palauan waters over the earlier estimates from the 1980s. After the
1991 survey, the total dugong population for Palau was considered to be
a few hundred animals at most (The Nature Conservancy 2002). While
incomplete, the 1998 survey yielded more adults with calves than did
the 1991 survey, indicating that the population was, at a minimum,
still reproductively viable (ibid). The latest survey in this area was
completed in March 2003. Although the final report is not yet complete,
results from the overflight are 20 adults and 7 calves (Chris Swenson,
Service, pers. com. 2003).
Previous Federal Action
The dugong is currently listed under the Act as endangered
throughout its entire range, except in the Republic of Palau. Prior to
the enactment of the Act, species were afforded protection through the
Endangered Species Conservation Act of 1969. Under this 1969 Act, the
Service prepared two lists: a ``Native'' list and a ``Foreign'' list.
Originally, the dugong was included in the ``Foreign'' list of
protected species and was listed on December 2, 1970 (35 FR 18320).
When the Act became effective in 1973, it supplanted the Endangered
Species Conservation Act of 1969. The ``Foreign'' and ``Native'' lists
were combined to create one list of endangered and threatened species
(39 FR 1171; January 4, 1974). On this list, the dugong was listed as
endangered throughout its entire range.
When the lists were combined, the United Nations Trust Territory of
the Pacific Islands (Republic of Palau) was under the jurisdiction of
the United States (U.S.). Section 4(b)(5) of the Act requires that
notice of proposed regulations be given to affected States in which the
species occurs. The U.S. population of dugong was included on the list
without prior notice to the Republic of Palau. Therefore, in 1988, the
Service amended the Code of Federal Regulations to exclude the U.S.
population from the listing. The Republic of Palau was then formally
notified, and on August 5, 1993, we published a proposal to extend the
endangered classification to the dugong population in Palau (58 FR
41688) and opened a 60-day public comment period.
The proposal was not finalized, however, because of budget
limitations and subsequent litigation-driven listing priorities.
Additionally, after three decades as part of the UN Trust Territory of
the Pacific under U.S. administration, this westernmost cluster of the
Caroline Islands opted for independence in 1978 rather than joining the
Federated States of Micronesia. A Compact of Free Association with the
United States was approved in 1986, but not ratified until 1993. It
entered into force the following year when the islands gained
independence (Central Intelligence Agency 2002). Finally, on December
2, 2002 (67 FR 71529), we published a notice to reopen the comment
period on our proposal to list the dugong as endangered in the Republic
of Palau for 90 days to allow all interested parties to submit
additional information and written comments for our consideration.
All populations of the dugong are also listed in Appendix I of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). In addition, dugong are also listed as vulnerable to
extinction in the IUCN Red List (The World Conservation Union [IUCN]
2002).
Summary of Comments and Recommendations
In the August 5, 1993, proposed rule (58 FR 41688), we requested
all interested parties to submit factual reports or information that
might contribute to the development of a final listing decision. We
contacted appropriate Federal agencies, State agencies, county
governments, scientific organizations, and other interested parties to
request information and comments. We published a legal notice in the
Pacific Daily News on August 16, 1993. The first public comment period
was open for 60 days and closed on October 4, 1993. We re-opened a
second comment period on December 2, 2002, for an additional 90 days,
closing on March 3, 2003 (67 FR 71529). During this time, we contacted
the government in the Republic of Palau for comment. The Ministry of
State responded positively, indicating that Palau was fully committed
to coordinating its efforts with the United States and other
[[Page 70187]]
countries in protecting the dugong population from becoming extinct. We
did not receive any requests for a public hearing during either comment
period.
We received 10 comment letters, including 1 letter from a peer-
reviewer. Nine of the comment letters supported the proposal, and one
was opposed. Some additional information was provided and has been
incorporated into the ``Summary of Factors'' of this final rule.
Comments of a similar nature or point regarding the proposed rule have
been grouped into issues and are discussed below.
Issue 1: Two commenters questioned our ability to declare a species
endangered in countries outside U.S. jurisdiction. One of these
respondents believed that, if we declared a species endangered in
another country, this would open the way for individuals in other
countries to declare something endangered in the United States for
political reasons and not for conservation purposes.
Our Response: We have the jurisdiction to list foreign species
under section 4 of the Act. In fact, the listing of foreign species
predates the Act with the Endangered Species Conservation Act of 1969.
Initial publication of the ``United States List of Endangered Foreign
Fish and Wildlife'' appeared in the Federal Register on June 2, 1970
(35 FR 8491). In addition, the Endangered Species Act of 1973 requires
that foreign species (including subspecies and distinct vertebrate
populations) be give the same consideration as native U.S. species with
regard to addition to the Lists of Endangered and Threatened Wildlife
and Plants.
Individuals in other countries cannot list species under the U.S.
Federal Endangered Species Act. The Fish and Wildlife Service in the
Department of the Interior and the National Oceanic and Atmospheric
Administration-National Marine Fisheries Service in the Department of
Commerce share responsibility for administration of the Act. These two
agencies are the only ones that can list a species under the Act.
However, members of the public may petition to have a foreign species
listed, delisted, or reclassified under the Act, and the Service can
initiate its own review process for foreign species.
Conservation measures provided to foreign species listed as
endangered or threatened under the Act include recognition and
awareness of the species' status, international cooperation,
requirements for Federal protection in the United States and its
territories, and prohibitions against certain activities. Recognition
through listing also encourages conservation measures by Federal,
international, and private agencies, groups, and individuals.
Issue 2: One respondent stated that, while the Palauan population
of dugong should be listed as endangered, a more appropriate status for
the Australian population of dugong would be ``vulnerable.''
Our Response: The dugong, which included the Australian population,
was part of a rulemaking involving foreign species that were listed as
endangered on December 2, 1970 (35 FR 18319). The Australian population
of dugongs is not currently the focus of this rulemaking. The Act
requires that we conduct periodic reviews of listed species at least
once every 5 years. On the basis of such a review, we make a
determination of whether a species is listed appropriately or should be
removed from the List (delisted) or reclassified (from endangered to
threatened, or threatened to endangered). The status of dugong will be
reviewed as part of this process and reclassified if needed. A
classification of ``vulnerable'' does not exist under the Act.
Issue 3: One respondent indicated that critical habitat should be
designated for the dugong population in Palau and extended well beyond
the areas delimited by the current distribution.
Our Response: Although habitat loss can become a serious threat for
the dugong, we do not designate critical habitat outside the United
States or on the high seas. The Solicitor for the Department of
Interior has noted that the provisions found in the Act do not involve
the Secretary of State or consultations with foreign governments when
it comes to matters involving critical habitat. In addition, there are
obvious difficulties and constraints on U.S. entities operating in
other countries to designate critical habitat. Therefore, we have
adopted the position that critical habitat may not be determined in
foreign countries.
Summary of Factors Affecting the Species
Section 3 of the Act and regulations promulgated to implement the
listing provisions of the Act (50 CFR part 424) set forth the
procedures for adding species to the Federal List of Endangered and
Threatened Wildlife. After a thorough review and consideration of all
information available, we determine that the population of dugong in
the Republic of Palau should be classified as an endangered species. We
may determine a species to be endangered or threatened due to one or
more of the five factors described in section 4(a)(1) of the Act. These
factors, and their application to the population of dugong (Dugong
dugon) in the Republic of Palau, are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The most important dugong habitat in Palau is around Malakal
Harbour and in the waters between Babelthuap Island and the barrier
reef, especially to the west (Marsh et al. 2002). Dugongs typically
graze in lagoons with relatively low seagrass biomass in waters more
than 7 meters deep. They feed on virtually all species of seagrasses,
and are seldom found far from seagrass beds (Anderson and Birtles
1978). Impacts on, or destruction of, these seagrass beds may have
future implications for the sustainability of dugong populations in
Palauan waters. Palau is experiencing an increase in development.
Seagrass ecosystems are very sensitive to human influence (Poiner and
Peterken 1996).
With no land-use plans in place, deteriorating water quality from
activities such as land clearing and other non-point-source impacts are
likely to be more serious threats than point-source impacts such as
sewage discharge or anchor damage (Marsh et al. 2002). These activities
cause increases in sedimentation and turbidity which, in turn, lead to
degredation through smothering and lack of light (ibid.). Halophila
ovalis, one of the preferred food species of dugongs, appears to be
particularly sensitive to light reduction (Longstaff et al. 1999).
Duration and frequency of light deprivation events are apparently the
primary factors affecting the survival of this seagrass in environments
that experience light deprivation (ibid.). Habitat destruction
associated with increased development and water projects could become a
serious threat (Marsh et al. 2002).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The most serious threat to the dugong population in Palau is from
poaching activities. Although hunting is illegal, dugongs are still
poached regularly in the Koror area and along the western coast of
Babeldaob (Marsh et al. 2002). Hunting of dugong in this area is a
deliberate act, not an opportunistic one. The meat of dugong is
oftentimes obtained for special occasions, particularly festive
occasions, rather than sold. The meat is often served to guests without
their knowledge because
[[Page 70188]]
there is disapproval of killing dugongs among many people, especially
women (Marsh et al. 1995). All of the hunters indicated that they
preferred the meat of females and juveniles rather than that of adult
males. If females and immature animals are preferentially taken, future
recruitment will be reduced more significantly than if hunting targets
males or takes animals at random.
Although the main motive for hunting dugongs is for their meat,
these animals are also killed for the creation of jewelry items made
from the animals' ribs. In the past, atlas vertebrae from dugongs were
obtained to make bracelets that were only worn by chiefs (Brownell et
al. 1981). Although this traditional use has diminished in importance,
Marsh et al. (1995) found jewelry that was locally crafted from dugong
ribs on sale at four stores in Koror. At least two of the retailers
knew this activity was illegal (ibid.).
Traditionally dugongs were hunted from canoes with heavy spears
(Rathbun et al. 1988). More recently, dugongs have been hunted mainly
at night from small outboard-powered boats (35hp) with
spears, firearms, or dynamite (Brownell et al. 1981). Most dugongs are
harpooned after being chased (Marsh and Lawler 1998). The dugongs are
ambushed from boats as they move with the tide onto or off the shallow
seagrass beds where they feed at night (Brownell et al. 1988).
Residents indicate that dugong movements are predictable and they are
relatively easy prey. In 1992, 23 knowledgeable locals (including 5
admitted dugong hunters) were interviewed by Marsh et al. (1995). These
informants claimed that at least 13 dugongs had been killed in 1990. At
least five dugongs were taken between December 1996 and December 1997.
Marsh (2002) found that all hunters were aware that killing dugongs was
illegal and that the motive for the hunting was that it is an exciting
way to obtain meat.
Marsh et al. (1995) considered that any deliberate exploitation of
dugongs in Palau is unsustainable. Population modeling by Marsh (1986)
has suggested that a sustainable level of exploitation of dugongs may
be as low as 2 percent of females per year. This means that at least
250 females would be needed to support an annual take of 5 females from
Palauan waters. A population of this size is considered to be extremely
unlikely given the low number of dugongs sighted during the aerial
surveys, suggesting that documented levels of take are not sustainable
and will lead to further declines of the species. Marsh (1994)
considers that any deliberate exploitation of dugongs in Palau is
unsustainable and the current small population found in Palau is
unlikely to be able to sustain the current level of poaching (Marsh and
Lawler 1998).
C. Disease or Predation
Dugongs are susceptible to a wide range of diseases. Some of these
diseases are infectious or parasitic and include pneumonia,
pancreatitis, and dermatitis. Wild dugongs support a range of
parasites, including at least 19 species of trematodes and one species
of nematode internally, and a barnacle and a copepod externally (Eros
et al. 2000). Bryden et al. (1998) and Smith et al. (1978) found that
dugongs may also carry a range of other diseases documented in marine
mammals such as leptospirosis, lobomycosis, cryptococcosus,
blastomycosis, caliciviruses, salmonellosis, morbillivirus,
toxoplasmosis, tuberculosis, and hepatitis. Any outbreak of disease
could have devastating effects on this isolated population.
While it appears that people have had the most serious and long-
term impacts on dugong populations, sharks are probably the main
natural enemy of dugongs. It has been reported that dugongs will defend
themselves against sharks, however. Lekagul and McNeely (1977) found
that individual dugongs will ``gang up'' on sharks in shallow waters
and drive them off by butting them with their heads. Even so, a
devastating attack was reported by Anderson and Prince (1985), during
which 10 killer whales surrounded and killed approximately 40 dugongs.
D. The Inadequacy of Existing Regulatory Mechanisms
Marsh and Lawler (1998) identified strengthening and enforcing laws
to protect dugongs in Palau as the highest conservation priority in
``Action Plan for the Management of the Dugong in Palau''. Until
recently, Palauan legislation relevant to the dugong was found in the
chapter entitled Protected Sea Life, subchapter iv, on dugongs. The
first section of the law stated that ``no person shall kill, trap,
capture, wound, possess, transport, restrain or otherwise have under
his control any dugong or any part or product.'' A person found guilty
of violating this section for the first time could face a jail term of
not more than 6 months, or a fine of not more than $50.00, or both. For
any subsequent offense, the convicted person would be imprisoned for
not more than 1 year, or fined not more than $100.00, or both. If a
dugong was accidentally caught in a fishing net or by any other fishing
method and was still alive, it was required to be released immediately.
If found dead, and this fact was affirmed by the chief executive
officer of the state, the dead dugong would be released to the person
who found it. Marsh et al. (1995) found that the hunters they
interviewed were not willing to stop hunting while others were
continuing to do so, especially when the punishment itself was of
little consequence.
In 1996 and 1997, the Palau Conservation Society began a Dugong
Management and Education Program (Marsh et al. 2002). The dugong was
used as a target species to raise awareness and establish pride in
Palau's natural heritage. This effort was aimed, in part, at raising
the understanding of the general public about the status of the dugong
in Palau as well as trying to increase public support for tougher laws
to protect dugongs. The effort seemed to be effective in changing
attitudes. In 1998, although hunting activities continued, it was being
conducted secretly, as opposed to occurring more openly as was found in
1991 (Marsh et al. 2002).
On October 31, 2002, a new law was passed in Palau to help protect
the dugong. It sharply increased penalties and may be more effective in
deterring poachers than the previous law. First-time offenders now face
a $5,000 to $10,000 fine and a jail term of 3 months to 1 year. Each
subsequent offense can result in a fine of $10,000 to $20,000 and a
jail sentence of 6 months to 3 years. The government can seize the
dugong or part of the dugong that was taken in violation of the law as
well as any assets used in the taking of the dugong, including boats,
cars, and nets. The new law also encourages citizens to protect dugongs
by lodging complaints against violators. If the case is won, the
citizen responsible for the complaint can receive any expenses incurred
in the action and a reward of 50 percent of any fine actually collected
from the violator. In addition, the new law calls for the establishment
of educational programs for Palauan citizens and the general public
about the dugong. Finally, there is a section that requires the
completion of Environmental Impact Statements before any new
development occurring in dugong habitat. This would allow the Ministry
of Resources and Development or the Environmental Quality Protection
Board to deny any construction permits or require appropriate
mitigation if dugong habitats are adversely affected.
As discussed, the Republic of Palau has significantly strengthened
its legislation banning dugong hunting.
[[Page 70189]]
Poaching, which is considered to be the most serious threat to dugongs
in Palau, needs to be stopped if dugong are to survive in this area.
However, the strengthening of any law must also be accompanied by
effective enforcement. The effectiveness of this new law is unknown at
this time.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Fishing and boating activities around dugong populations could have
potential impacts on the species. In Palau, mortality of dugongs caused
by collisions with speedboats has not been a major problem. However,
this has the potential to become a problem in Malakal Harbor, which is
an important dugong area (Marsh et al. 2002). Additionally, there is
some circumstantial evidence that dugongs cease to use previously
favored habitats when the volume of boat traffic becomes high (Marsh
and Lawler 1998). In Palau, this boat traffic may be from recreational
or fishing boats. In many other parts of the world, dugongs often drown
in gill nets (Paterson 1990). In Palau, fishermen have the knowledge
and gear to catch dugongs in this manner. However, they do not
purposely use their fishing gear to catch dugongs because of the
potential for damage to their nets (Marsh and Lawler 1998).
Conclusion
In developing this rule, we have carefully assessed the best
scientific and commercial information available regarding the past,
present, and future threats facing this species. The dugong population
in Palau is imperiled primarily by poaching activities. The current
small population found in this area is unlikely to be able to sustain
the current level of poaching. It is believed that Palauan waters
support one of the most isolated populations of dugong in the world,
and it is unlikely that this population is receiving any recruitment
from other areas. Currently, the dugong is listed under the Act as
endangered throughout its entire range, except in the Republic of
Palau. This species is in danger of extinction ``throughout all or a
significant portion of its range'' (section 3(6) of the Act), and
because of the high potential that these threats could result in the
extinction of the dugong in Palau, the preferred action is to list the
population of dugong in the Republic of Palau as endangered. This
action will result in the classification of the entire species of
dugong as endangered, wherever it occurs.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition of conservation status,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies and
groups, and individuals. The protection required of Federal agencies
and the prohibitions against take and harm are discussed, in part,
below.
Section 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or upon
the high seas, with respect to any species that is proposed to be
listed or is listed as endangered or threatened and with respect to its
proposed or designated critical habitat, if any is being designated.
Because the dugong is not native to the United States, no critical
habitat is being proposed for designation with this rule. Regulations
implementing the interagency cooperation provision of the Act are
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of a
listed species or to destroy or adversely modify its critical habitat.
If a proposed Federal action may affect a listed species, the
responsible Federal agency must enter into formal consultation with the
Service. Currently, with respect to the dugong, no Federal activities
are known that would require conferral or consultation.
Section 8(a) of the Act authorizes the provision of limited
financial assistance for the development and management of programs
that the Secretary of the Interior determines to be necessary or useful
for the conservation of endangered species in foreign countries.
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage
conservation programs for foreign endangered species, and to provide
assistance for such programs, in the form of personnel and the training
of personnel.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. As such, these prohibitions are applicable to the population
of dugong in Palau. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to ``take''
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or to attempt any of these) within the United States or upon
the high seas; import or export; deliver, receive, carry, transport, or
ship in interstate commerce in the course of commercial activity; or
sell or offer for sale in interstate or foreign commerce any endangered
wildlife species. It also is illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken in violation
of the Act. Certain exceptions apply to agents of the Service and State
conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.22. With regard
to endangered wildlife, a permit may be issued for the following
purposes: for scientific purposes, to enhance the propagation or
survival of the species, and for incidental take in connection with
otherwise lawful activities.
National Environmental Policy Act
We have determined that Environmental Assessments and Environmental
Impact Statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. A notice
outlining our reasons for this determination was published in the
Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Anderson, P., and A. Birtles. 1978. Behavior and ecology of the
dugong, Dugong dugon (Sirenia): observations in Shoalwater and
Cleveland Bays, Queensland. Australian Wildlife Resources 5:1-23.
Anderson, P. K., and R. I. T. Prince. 1985. Predation on dugongs:
attacks by killer whales. Journal of Mammology 66:554-556.
Brownell, R.L., P. K. Anderson, R. P. Owen, and K. Ralls. 1981. The
status of dugongs at Palau, an isolated island group. In H. Marsh
(ed.): The Dugong: Proceedings of a Seminar/Workshop held at James
Cook University 8-13 May 1979. Department of Zoology, James Cook
University of North Queensland, Townsville, Australia. Pp. 11-23.
Brownell, R. L., J. Engbring, K. Ralls, and G. B. Rathbun. 1988.
Status of dugongs in waters around Palau. Marine Mammal Science
4(3):265-270.
Bryden, M., H. Marsh, and P. Shaughnessy. 1998. Dugongs, Whales,
Dolphins and Seals. A Guide to the Sea Mammals of Australasia. Allen
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Author
The primary author of this notice is Eleanora Babij, Division of
Scientific Authority, U.S. Fish and Wildlife Service (see ADDRESSES
section; telephone 703/358-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 50 CFR chapter I is amended as follows:
PART 17--[AMENDED]
0
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.
0
2. Amend Sec. 17.11(h) by revising the following entry under Mammals
in the List of Endangered and Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Dugong........................... Dugong dugon........ East Africa to Entire............. E 4,740 NA NA.
southern Japan,
including Palau.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: October 16, 2003.
Marshall P. Jones, Jr.,
Director, Fish and Wildlife Service.
[FR Doc. 03-31126 Filed 12-16-03; 8:45 am]
BILLING CODE 4310-55-P