Fish and Wildlife Service, Interior.
Proposed rule.
We, the U.S. Fish and Wildlife Service (Service), propose to revise the regulations that implement the Endangered Species Act (Act). This action would eliminate the exclusion of U.S. captive-bred live wildlife and sport-hunted trophies of three endangered antelopes—scimitar-horned oryx (
We will consider comments received or postmarked on or before August 8, 2011.
You may submit comments by one of the following methods:
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We will not accept e-mails or faxes. We will post all comments on
Robert R. Gabel, Chief, Division of Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 212, Arlington, VA 22203; telephone 703–358–2093; fax 703–358–2280. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339.
On September 2, 2005 (70 FR 52319), the Service determined that the scimitar-horned oryx (
Thus, on September 2, 2005 (the same date that we listed the three antelopes as endangered), the Service added a new regulation (70 FR 52310) at 50 CFR 17.21(h) to govern certain activities with U.S. captive-bred animals of these three species. For live antelopes, including embryos and gametes, and sport-hunted trophies of these three species, the regulation authorized certain otherwise prohibited activities that enhance the propagation or survival of the species. These activities include take; export or re-import; delivery, receipt, carrying, transport or shipment in interstate or foreign commerce in the course of a commercial activity; and sale or offer for sale in interstate or foreign commerce.
Captive-breeding programs have played a role in the conservation of the scimitar-horned oryx, addax, and dama gazelle, and we found that activities associated with captive breeding within the United States enhance the propagation or survival of the species by managing the species to ensure genetic integrity and diversity, serving as repositories for surplus animals, and facilitating the movement of specimens between breeding facilities. Some U.S. captive-breeding facilities allow sport hunting of surplus captive-bred animals, which generates revenue to support the operations and may relieve hunting pressure on wild populations.
In the September 2, 2005, rule at 70 FR 52310, we published the final rule that found that the regulatory framework we were establishing at 50 CFR 17.21(h) met the standards for both enhancing the propagation and enhancing the survival of U.S captive-bred scimitar-horned oryx, addax, and dama gazelle as shown by the findings for each of the criteria found at 50 CFR 17.22(a)(2) for endangered species permits. We found that 50 CFR 17.21(h) protects populations in the wild, ensures appropriate management of U.S. captive-bred specimens, and encourages continued captive breeding and management of these species. In addition, we made the required findings under section 10(d) of the Act. We also determined that the rulemaking process that amended 50 CFR 17.21 by adding a new paragraph (h) satisfied the requirements for notification and opportunity for public comment under section 10(c). Therefore, persons who wished to engage in specified otherwise prohibited activities with U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle, when such activities meet the criteria of 50 CFR 17.21(h), could do so without obtaining an individual endangered species permit.
The promulgation of the regulation at 50 CFR 17.21(h) was challenged as violating section 10 of the Act and the National Environmental Policy Act in the United States District Court for the District of Columbia (see
To comply with the Court's order, the Service proposes to remove the regulation at 50 CFR 17.21(h) and eliminate the exemption for U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle from certain prohibitions under the Act. Any person who wishes to conduct an otherwise prohibited activity with U.S. captive-bred scimitar-horned oryx, addax, or dama gazelle would need to qualify for an exemption or obtain authorization for such activity under the current statutes or regulations.
(a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of government.
(b) Whether the rule will create inconsistencies with other Federal agencies' actions.
(c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients.
(d) Whether the rule raises novel legal or policy issues.
The U.S. Small Business Administration (SBA) defines a small business as one with annual revenue or employment that meets or is below an established size standard. We expect that the majority of the entities involved in taking, exporting, re-importing, and selling in interstate or foreign commerce of these three endangered antelopes would be considered small as defined by the SBA.
This proposed rule would require individuals and captive-breeding operations of the three endangered antelopes to apply for authorization and pay an application fee of $100–$200 and apply for a permit when conducting certain otherwise prohibited activities. The regulatory change is not major in scope and would create only a modest financial or paperwork burden on the affected members of the general public.
We, therefore, certify that this rule would not
a. Would not have an annual effect on the economy of $100 million or more. This rule proposes to remove the regulation that excludes U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle from certain prohibitions of the Act. If finalized, individuals and captive-breeding operations would need to qualify for an exemption or obtain endangered species permits or other authorization to engage in certain otherwise prohibited activities. This proposed rule would not have a negative effect on this part of the economy. It will affect all businesses, whether large or small, the same. There is not a disproportionate share of benefits for small or large businesses.
b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, tribal, or local government agencies; or geographic regions. This rule would result in a small increase in the number of applications for permits or other authorizations to conduct otherwise prohibited activities with these three endangered antelope species.
c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
a. This proposed rule would not significantly or uniquely affect small governments. A Small Government Agency Plan is not required.
b. This proposed rule would not produce a Federal requirement of $100 million or greater in any year and is not a “significant regulatory action” under the Unfunded Mandates Reform Act.
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in the
You may submit your comments and materials concerning this rule by one of the methods listed in the
We will post your entire comment—including your personal identifying information—on
Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
For the reasons given in the preamble, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows:
1. The authority citation for part 17 continues to read as follows:
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. Amend § 17.21 by removing paragraph (h).