[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Proposed Rules]
[Page 54700-54701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 54700]]



Fish and Wildlife Service

50 CFR Chapter I

RIN 1018-AJ24

Humane and Healthful Transport of Wild Mammals and Birds to the
United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking and request for comments.


SUMMARY: We are proposing to update and amend the standards for the
humane and healthful transport of wild mammals and birds to the United
States. To determine how to proceed, we are asking the public for
comments and input on whether the current regulations are up to date
and adequate. We are also seeking comments for the best process to
address necessary changes to the requirements in the Code of Federal
Regulations that provide standards for the humane and healthful
transport of wild mammals and birds to the United States. This will
allow us to further meet our responsibilities under the Lacey Act
Amendments of 1981 and our obligations under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES). The current standards for transport of mammals and birds now
available are in accordance with the accepted international
requirements as described in the International Air Transport
Association's (IATA) Live Animal Regulations (LAR) published in October
1993 (20th edition). This edition is now 12 years old and several
updates of the IATA Live Animal Regulations have been published since
publication of that edition. Many mammals and birds are protected by
CITES and it is a recommendation that all species listed under CITES be
transported using the current IATA LAR. We expect that if we promulgate
amendments to the standards for humane and healthful transport of wild
mammals and birds to the United States, these amendments will be
consistent with the most current IATA LAR at the time of the final
rule, and, therefore, be current with the industry standards for
ensuring the humane and healthful shipment of live mammals and birds.
Finally, it has come to our attention that IATA LAR requirements may
not always agree with those of the international ground transport
industry, such as those of the Animal Transport Association (AATA). We
are interested in public comments on this issue as well.

DATES: We will consider comments and information received by December
15, 2005 in developing a proposed rule.

ADDRESSES: U.S. Fish and Wildlife Service, Division of Management
Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia
22203. If you wish to comment, you may submit your comments by any one
of several methods. You may mail comments to the above address or fax
comments to 703-358-2298. You may also send comments via electronic
mail to HUMANETRANSPORT@FWS.GOV. If you submit comments via e-mail,
please be aware that we have been subject to periodic internet and e-
mail shutdowns. If you chose to e-mail your comments, please check our
Web site at http://www.fws.gov first. If the website is not functional, any e-

mail you send may not reach us and you will need to fax or mail your
comments to us. Finally, you may hand-deliver comments to the above

Operations, Division of Management Authority, U.S. Fish and Wildlife
Service; telephone (703) 358-2095, fax (703) 358-2298.

SUPPLEMENTARY INFORMATION: Please submit Internet comments as an ASCII
file, avoiding the use of special characters and any form of
encryption. Please include ``Attn: [RIN number, 1018-AJ24]'' and your
name and U.S. post office return mailing address in your Internet
message and correspondence and categorize yourself as follows:
    1. International organization;
    2. Government;
    3. Non-government conservation organization;
    4. Humane or animal welfare organization;
    5. Wildlife/pet business;
    6. Other business;
    7. Private citizen.
    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. There also may be limited circumstances in
which we would withhold from the rulemaking record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this clearly at the beginning of your
comments, but we will not consider anonymous comments. We generally
make all submissions from organizations or businesses, or from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
    We believe that there are several reasons why the current
regulations that set standards for the humane and healthful
transportation for wild mammals and birds to the United States should
be amended.
    First, the current regulations provide specific guidelines to the
shipping community on proper packing and transport techniques and
requirements. These regulations allow us to determine when shippers are
not transporting animals under humane or healthful conditions. While
the current regulations provide some detail on shipping certain types
of mammals, as well as general shipping guidelines, greater detail is
required to address the specific needs of individual species. Amending
and improving our current standards, which are based on the 1993 IATA
LAR, will specify greater detail on proper packing and transport
techniques and requirements, and will help us to continue to ensure
that these animals are transported in a humane and healthful manner.
Furthermore, the current regulations describe only general requirements
regarding the shipment of birds, while the 31st edition of the IATA LAR
is more specific for particular bird and mammal species.
    Second, the regulations need to be updated to make them consistent
with the most recent edition of the IATA LAR. Many mammals and birds
are protected under CITES. It is a requirement of CITES that all listed
species must be packed and transported according to the IATA LAR
guidelines. This includes all imports for all CITES-listed species.
Humane transport of CITES-listed species is required by the text of
CITES and explained in greater detail in Resolution Conf 10.21
(Transport of Live Animals), which was adopted by the CITES Parties at
the Tenth Conference of the Parties (COP), in Harare, Zimbabwe, June,
1997. But although IATA LAR are cited and referred to in the current
regulations, their reference is to the 20th edition of the IATA LAR. In
the past 12 years new methods and materials have been developed to
improve transportation of animals, and to reduce shipping mortality and
simplify processes. The IATA LAR is updated every year, and CITES
recommends that shippers and carriers follow the requirements in the
current edition of the IATA LAR. We will likely base any proposed

[[Page 54701]]

regulations on the 32nd or 33rd edition of the IATA LAR.
    Third, IATA lists and names species differently from the way CITES
lists and names species in the Appendices to the Convention. This may
cause confusion and misunderstanding; IATA uses a combination of common
English and scientific names, but CITES sometimes uses only the
scientific name. If we amend current regulations, we will use both the
common and scientific name of species whenever possible, although we
intend to use just the common name when referring to groups of animals,
such as ``bears'' or ``parrots.'' This practice will make amended
regulations similar to the 31st edition of the IATA LAR. In addition,
many shippers transport CITES-listed and non-CITES-listed species on
the same flights, and the IATA LAR refers to both CITES-listed and non-
CITES-listed species. Therefore, it is important to provide common
names to assist those individuals who may not be familiar with
scientific names, even though we recognize that common names can refer
to different species of animals.
    Fourth, although the IATA LAR provide guidelines for air transport
and can be used as guidelines for non-air transport (i.e. transport by
road, rail, or sea), there are recommendations available from other
sources (e.g. AATA) that specifically address the transport of species
by road, rail or sea. Additionally, the CITES Parties are considering
the addition of requirements specific for ground transportation of
wildlife and we plan to propose amendments to our regulations based on
those recommendations to standardize international ground shipping
practices. Therefore, we are soliciting recommendations from the public
and other interested parties regarding ground transportation
recommendations for various types of animal groups.
    As a result, we plan to change the regulations in 50 CFR Part 14,
subpart J, in several ways.
    First, we plan to propose to include more specific requirements
such as number of animals per container, for the general transport of
mammals and birds. In shipments where these numbers have been exceeded,
our wildlife inspectors would have an objective and consistent method
to determine whether the shipment was humane and healthful. The current
regulations do not provide any detail in this regard. Also, while the
current regulations specify that terminal facilities must have an
effective program for the control of insects, ectoparasites and pests
of mammals and birds, we propose to include specific methods to be used
by terminal facilities to control insect pests.
    Second, we plan to propose changes to 50 CFR Part 14, subpart J, by
adding new sections and expanding existing regulations that enact
requirements concerned with the transport of particular taxa of mammals
and birds. Since these regulations were last published in 1992, several
changes have been made in the IATA LAR specifying different shipping
arrangements for various species of mammals and birds. We plan to
propose changes based upon the 32nd or 33rd edition of the IATA LAR for
the transport of mammals and birds. In the IATA LAR 20th edition, for
example, several small carnivores (genets, olingos, grison, and
falanouc) are included in the crate requirements for large gnawing
rodents and marsupials. In the IATA LAR 31st edition, these same
species have been included in the container requirements for animals
more similar in behavior and form.
    Third, we plan to propose changing the language and format of the
old regulations to clear and plain language with an easier to follow
outline format.
    Finally, in order to be current with CITES transportation
recommendations, we propose to add regulations specifically pertaining
to international ground transportation of wildlife to the United
States. The CITES Transport Working Group (TWG) is developing such
guidelines and we will likely propose international ground
transportation regulations that largely mirror those adopted by the
CITES Parties. We also seek input on the spectrum of potential ground
transport issues, particularly species or taxa-specific ones, and will
consider that input during our revisions.
    Other changes to the regulations will be based on comments and
suggestions that we receive from the public.


    The author of this advance notice of proposed rulemaking is the
staff of the Division of Management Authority (see FOR FURTHER

    Authority: The authority for this advance notice of proposed
rulemaking is the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).

    Dated: August 19, 2005.
Marshall Jones,
Acting Director.
[FR Doc. 05-18416 Filed 9-13-05; 12:22 pm]