Injurious Wildlife Species; Silver Carp (Hypophthalmichthys molitrix) and Largescale Silver Carp (Hypophthalmichthys harmandi), 52305-52316 [06-7416]
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Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Proposed Rules
Accordingly, part 20 of title 28 of the
Code of Federal Regulations is proposed
to be amended as follows:
DEPARTMENT OF THE INTERIOR
PART 20—CRIMINAL JUSTICE
INFORMATION SYSTEMS
50 CFR Part 16
1. Revise the authority citation for
part 20 to read as follows:
Injurious Wildlife Species; Silver Carp
(Hypophthalmichthys molitrix) and
Largescale Silver Carp
(Hypophthalmichthys harmandi)
RIN 1018–AT29
Authority: 28 U.S.C. 534; 42 U.S.C.
14614(c), 42 U.S.C. 14615; Pub. L. 92–544, 86
Stat. 1115; 42 U.S.C. 3711, et seq.; Pub. L.
99–169, 99 Stat. 1002, 1008–1011, as
amended by Pub. L. 99–569, 100 Stat. 3190,
3196; Pub. L. 101–410, 104 Stat. 890, as
amended by Pub. L. 104–134, 110 Stat. 1321.
2. Revise § 20.32 to read as follows:
§ 20.32
Includable offenses.
The III System and the FIRS shall
maintain fingerprints and criminal
history record information relating to
adult and juvenile offenses submitted by
criminal justice agencies for retention,
consistent with the FBI’s capacity to
collect and exchange such information,
except where non-retention of such
fingerprints is specified by the
submitting agency.
3. In the appendix to part 20 revise
the discussion of § 20.32 to read as
follows:
Appendix to Part 20—Commentary on
Selected Sections of the Regulations on
Criminal History Record Information
Systems
*
*
*
*
*
§ 20.32. This section requires the FBI to
retain all fingerprints and criminal history
record information relating to adult or
juvenile serious offenses submitted for
retention by a criminal justice agency and
enables the FBI to retain all fingerprints and
criminal history record information relating
to adult or juvenile nonserious offenses
submitted for retention by a contributing
agency, consistent with the FBI’s authority to
collect and exchange such information, as set
out at 28 U.S.C. 534, except where nonretention of such fingerprints is specified by
the submitting agency. The FBI is to
implement this requirement consistent with
the FBI’s capacity to collect and exchange
such information.
Dated: August 28, 2006.
Paul J. McNulty,
Acting Attorney General.
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Fish and Wildlife Service
AGENCY:
Fish and Wildlife Service,
Interior.
Proposed rule; notice of
availability of environmental
documents.
ACTION:
SUMMARY: The U.S. Fish and Wildlife
Service proposes to add all forms
(diploid and triploid) of live silver carp
(Hypophthalmichthys molitrix),
gametes, eggs, and hybrids; and all
forms (diploid and triploid) of live
largescale silver carp
(Hypophthalmichthys harmandi),
gametes, eggs, and hybrids to the list of
injurious fish, mollusks, and
crustaceans under the Lacey Act. This
listing would have the effect of
prohibiting the importation and
interstate transportation of any live
animal, gamete, viable egg, or hybrid of
the silver carp and largescale silver
carp, without a permit in limited
circumstances. 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 silver carp and
largescale silver carp populations in
ecosystems of the United States.
DATES: Comments must be submitted on
or before November 6, 2006.
ADDRESSES: You may submit comments,
identified by RIN number 1018–AT29,
by any of the following methods:
• E-mail: silvercarp@fws.gov. Include
‘‘RIN number 1018–AT29’’ in the
subject line of the message. See the
Public Comments Solicited section
below for file format and other
information about electronic filing.
• Fax: (703) 358–1800.
• Mail/Hand Delivery/Courier: Chief,
Branch of Invasive Species, U.S. Fish
and Wildlife Service, 4401 North Fairfax
Drive, Suite 322, Arlington, VA 22203.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
Regulatory Information Number (RIN)
for this rulemaking. For detailed
instructions on submitting comments
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52305
and additional information on the
rulemaking process, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Erin
Williams, Branch of Invasive Species, at
erin_williams@fws.gov, or (703) 358–
2034.
SUPPLEMENTARY INFORMATION:
Background
In October 2002, the U.S. Fish and
Wildlife Service (Service) received a
petition signed by 25 members of
Congress representing the Great Lakes
region to add bighead, silver, and black
carp to the list of injurious wildlife
under the Lacey Act (18 U.S.C. 42). A
follow-up letter to the original petition
had seven additional Legislator
signatures that support the petition. The
Service published a Federal Register
notice of inquiry on silver carp (68 FR
43482–43483, July 23, 2003) and
provided a 60-day public comment
period. We received 31 comments in
total, but 12 of these did not address the
issues raised in the notice of inquiry.
We considered the information
provided in the 19 relevant comments.
Most of the comments supported the
addition of silver carp to the list of
injurious wildlife. One commenter
noted that silver carp have no
commercial value, but was concerned
that listing would hinder control and
management. One commenter asked us
to delay listing until a risk assessment
could be completed. Biological synopses
and risk assessments were compiled for
silver and largescale silver carp.
Under the terms of the injurious
wildlife provisions of the Lacey Act, the
Secretary of the Interior is authorized to
prohibit the importation and interstate
transportation of species designated by
the Secretary as injurious. Injurious
wildlife are defined as those species and
offspring and eggs that are injurious to
wildlife and wildlife resources, to
human beings, and to the interests of
forestry, horticulture, or agriculture of
the United States. Wild mammals, wild
birds, fish, mollusks, crustaceans,
amphibians, and reptiles are the only
organisms that can be added to the
injurious wildlife list.
Species listed as injurious (including
their gametes or eggs) may not be
imported into the United States or
transported between States, the District
of Columbia, the Commonwealth of
Puerto Rico, or any territory or
possession of the United States by any
means without a permit issued by the
Service. Permits may be granted for the
importation or transportation of
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injurious wildlife and their offspring or
eggs for bona fide scientific, medical,
educational, or zoological purposes. A
listing would not prohibit intrastate
transport or possession of species
within States, where not prohibited by
the State. Any regulation pertaining to
the use of species within States would
continue to be the responsibility of each
State.
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Public Participation
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 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.
This proposed rule solicits economic,
biological, or other information on
adding all forms of live silver and
largescale silver carp, and hybrids, to
the list of injurious wildlife. The data
will be used to determine if these
species are a threat, or potential threat,
to those interests of the United States
delineated above, and thus warrant
addition to the list of injurious fish in
50 CFR 16.13.
We are soliciting public comments
and supporting data, to gain additional
information, on this proposed rule to
add all forms of live silver and
largescale silver carp, gametes, eggs, and
hybrids, to the list of injurious wildlife
under the Lacey Act. We specifically
seek comment on the following
questions:
(1) What regulations does your State
have pertaining to the use, transport,
and/or production of silver or largescale
silver carp?
(2) How many silver carp are
currently in culture or used to control
algae in ponds, in how many and which
States? Please provide the number of
silver carp, if any, permitted within
each State.
(3) What would it cost to eradicate
silver carp or largescale silver carp
individuals and/or populations, or
similar nonnative populations, if found?
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(4) What are the costs of
implementing propagation, recovery,
and restoration programs for native fish
or other native species? What Statelisted species would be impacted by the
introduction of silver or largescale silver
carp?
(5) What is the economic value of
commercial fisheries that have been or
could be impacted by silver or
largescale silver carp?
(6) How many fishermen sell live
silver carp?
(7) What are the annual sales and
landings for live and/or dead silver
carp? What is the magnitude of the
commercial market for live silver carp,
if any?
(8) What is the consumer surplus
generated from fishing for native fish or
fishing-related expenditures such as
food, lodging, and equipment? What is
the ex-vessel revenue from fishing for
native fish that are more valuable than
silver carp?
(9) What is the economic value of
baitfish industries in each State? How
would the presence of wild silver carp
affect baitfish imports or exports within
a State?
Description of the Proposed Rule
The regulations contained in 50 CFR
part 16 implement the Lacey Act as
amended. Under the terms of that law,
the Secretary of the Interior is
authorized to prohibit by regulation
certain activities involving wild
mammals, wild birds, fish, mollusks,
crustaceans, amphibians, reptiles, and
the offspring or eggs of any of the
foregoing that are injurious to human
beings, to the interests of agriculture,
horticulture, or forestry, or to the
wildlife or wildlife resources of the
United States. The lists of injurious
wildlife species are at 50 CFR 16.11 to
16.15. By adding all forms of live silver
carp and largescale silver carp, gametes,
eggs and hybrids to the list of injurious
wildlife, their importation into the
United States, and transportation
between States, the District of Columbia,
the Commonwealth of Puerto Rico, or
any territory or possession of the United
States by any means whatsoever would
be prohibited, except by permit for
zoological, educational, medical, or
scientific purposes (in accordance with
permit regulations at 50 CFR 16.22), or
by Federal agencies without a permit
solely for their own use. Federal
agencies who wish to import silver or
largescale silver carp for their own use
must file a written declaration with the
District Director of Customs and the
U.S. Fish and Wildlife Service Inspector
at the port of entry. No live silver carp
or largescale silver carp, progeny
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thereof, viable eggs or hybrids imported
or transported under a permit could be
sold, donated, traded, loaned, or
transferred to any other person or
institution unless such person or
institution has a permit issued by the
U.S. Fish and Wildlife Service. The
interstate transportation of all forms of
live silver carp or largescale silver carp,
gametes, viable eggs or hybrids
currently held in the United States for
any purpose would be prohibited
without a permit.
This action is being considered in
order to protect the welfare and survival
of native wildlife and wildlife resources
and the health and welfare of human
beings from the potential negative
impacts of silver carp and largescale
silver carp by adding them to the list of
injurious wildlife and preventing their
importation and interstate movement.
Each State can regulate the
transportation and possession of silver
carp and largescale silver carp within its
State boundaries, but States are not able
to prohibit the importation into the
United States or the interstate
transportation of these species. If one
State allows the use of either species,
and if either species is introduced to
natural waters that are connected to
other States’ waterbodies, the silver or
largescale silver carp could be
introduced to a State that prohibits their
use or possession, potentially impacting
that State’s natural resources. Many
States are asking the Federal
Government to prohibit the importation
and interstate transportation of silver
carp and have submitted letters of
support for the addition of silver carp to
the list of injurious wildlife. They are
concerned that interstate transportation,
through trucking accidents or exchange
of hauling water, could result in the
introduction of silver carp into State
waters where they do not exist and are
prohibited by State law. In addition,
they are concerned that if their
importation into the United States is
still allowed, silver carp could become
established in new waterways where
they do not currently exist through
human movement. The evaluation of
injuriousness follows the biology and
natural history summary sections for
each species.
Silver Carp
Biology and Natural History
The commonly named silver carp
belongs to the family Cyprinidae, with
the species name of
Hypophthalmichthys molitrix. The
silver carp is a deep-bodied fish with
scale counts typically ranging from 85 to
108. Adult coloration is typically gray-
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black along its top with upper sides
olive-green that grade to silver along its
side and stomach. Fins are dark and
without true spines. Large adults can
reach over 1.2 meters (m) in length and
50 kilograms (kg) in weight. The gill
rakers of silver carp are unique and form
a highly specialized filtering apparatus.
The silver carp is a freshwater species
that can live in slightly brackish waters.
Silver carp occur naturally in a variety
of freshwater habitats including large
rivers and warm water ponds, lakes, and
backwaters that receive flooding or are
otherwise connected to large rivers.
They also have been introduced to
ponds, lakes, reservoirs, and canals
where they grow well, but may not
spawn and recruit without access to an
appropriate riverine habitat. Silver carp
usually occupy the upper and middle
layers of the water column and are quite
tolerant of broad water temperatures:
from 4 °C to 40 °C.
Silver carp can be distinguished from
all native North American cyprinids,
except the golden shiner, by the
presence of a well-developed ventral
keel. It can be distinguished from the
golden shiner in having very small
scales (lateral line scales 85–108)
compared to the golden shiner (39–51).
Silver carp have only four pharyngeal
teeth per side in a single row while the
golden shiner has five on each side in
a single row.
Small silver carp may resemble shad
(Dorosoma species). Of the nine
established nonindigenous cyprinids in
the United States, the silver carp is most
similar to bighead carp. The silver carp
is also very similar to largescale silver
carp, a species which is not known to
be in the United States.
Though they are considered a deep
water, schooling species, in the
Missouri River these fish generally stay
between 1 and 5 m deep and are rarely
observed on the surface until disturbed.
Once disturbed, silver carp often swim
rapidly near the surface creating a
characteristic large wake and regularly
jump out of the water, particularly in
response to outboard motors.
Hybrids
Hybridization between closely related
species of cyprinids (e.g., species of the
genus Hypophthalmichthys) is not
unusual. Silver carp are known to
hybridize and to produce viable
offspring with both bighead
(Hypophthalmichthys nobilis) and
largescale silver carps. Hybrids of silver
and bighead carps are often used in
aquaculture in other countries. Both
crosses (bighead carp × silver carp and
the reciprocal cross) are fertile. Hybrids
of bighead and silver carps often
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strongly resemble one or the other of the
parent species.
Bighead carp x silver carp are
common in parts of the United States
and are likely to be the result of wild
spawning, not escapement of artificially
induced hybrids because neither silver
carp nor the hybrids are known to be in
use in aquaculture in the United States.
Five percent of the adult
Hypophthalmichthys caught in the
lower Missouri River in 2004 were
hybrids. Hybridization between closely
related cyprinid fishes occurs most
commonly where a species has been
introduced; hybridization between
cyprinids typically occurs when
members of related species share similar
spawning habitat, behavior, and season
because of the loss of environmental
cues that inhibit hybridization behavior.
The presence of large numbers of wildspawned hybrids implies that bighead
and silver carps often spawn in the
same place at the same time in United
States waters. Although there has been
moderate success in artificially
producing hybrids of
Hypophthalmichthys spp. and common
carp (Cyprinus carpio), the spawning
locations and behaviors of the two
genera are so different that production
of wild hybrids would be unlikely.
Habitat Use
Silver carp in the Missouri River
occupy primarily low-velocity water 1
to 5 m deep in all months of the year
and use low-velocity sections of
Missouri River tributaries. Adult silver
carp aggregate in pool habitats to
overwinter. Preliminary research
indicates that silver carp in the Missouri
River are active in winter, with activity
slowing at less than 4 °C and little
movement occurring at temperatures
below 2 °C. Silver carp used tributaries
to larger rivers in the summer.
Large lakes connected to rivers often
serve as nursery areas for silver carp.
Juvenile silver carp typically remain in
backwater habitats whereas adults are
typically found in main channels of
rivers. There is limited data about the
habitat use of juvenile silver carp in the
United States because their
introduction, spread and establishment
is relatively recent and ongoing. Youngof-year silver carp were found in
abundance in the backwaters of the
middle Mississippi River, and juvenile
silver carp were collected in lowvelocity and off-channel habitats in the
Missouri, Mississippi, Wabash, and
lower Ohio rivers. Young-of-year (<100
millimeters (mm)) and juvenile (100–
500 mm) silver carp collected for the
Long Term Resource Monitoring
Program (LTRMP), of the U.S. Army
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Corps of Engineers, were found in
similar proportions between main
channel borders, side channel borders,
and contiguous backwaters.
Reproduction and Growth
The reproductive potential of silver
carp is high and increases with body
size. Estimates range from 145,000–
5,400,000 eggs for fish 3.18–12.1 kg.
Eggs must be incubated in waters with
fairly high ionic concentrations. Silver
carp mature anywhere from 3–8 years,
and males usually mature one year
earlier than females. Silver carp use
discrete spawning sites repeatedly.
Silver carp usually spawn in the spring
and early summer after a rise in water
levels with water temperatures ranging
from 18–26 °C, though larva has been
collected from the lower Missouri River
in late August to mid-September. Eggs
are semi-buoyant, so spawning typically
occurs in water of sufficient flow to
keep the eggs from sinking to the bottom
and dying. The same female may spawn
twice during one growing season. There
are indications of a prolonged spawning
period, into late summer or early fall, in
the United States.
Silver carp can grow quickly: 20 to 30
kg in 5 to 8 years, and survival of silver
carp in some culture ponds was 91%.
Water temperatures for maximum
growth of silver carp are between
24–34 °C. Silver carp are difficult to age,
but have been reported to live 15–20+
years.
Diet and Feeding Habits
Silver carp are primarily
phytoplanktivores, but are highly
opportunistic, eating phytoplankton,
zooplankton, bacteria and detritus.
Silver carp will also bite on bread paste
and dough balls used as bait. Silver carp
can effectively filter and consume
smaller particles than bighead carp.
Their food consumption rate is high, but
widely variable. Fry at the smallest size
class consumed up to 140% of their
body weight daily; 63 mg fingerlings
consumed just more than 30% and 70–
166 mg fingerlings consumed 63% of
their body weight. Adult silver carp
have been shown to consume 8.8 kg of
food per year, with 90% of the
consumption occurring during the three
warmest months of the year. In the
Missouri River, silver carp sometimes
had full guts at temperatures lower than
4 °C. Studies consistently show that
filter feeding by silver carp shifts the
species composition of the
phytoplankton community to smaller
species. Silver carp consume
zooplankton, especially when
phytoplankton abundance is low.
Studies also consistently show that the
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presence of silver carp results in a
zooplankton community dominated by
smaller individuals.
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History of Introduction
There are conflicting reports about the
first importation of silver carp into the
United States. One report said that
silver carp were introduced in 1971
from Taiwan for algae control in sewage
lagoons. Another report stated that
silver carp were introduced in 1972
under an agreement of maintenance
with the Arkansas Game and Fish
Commission. A third citation said silver
carp were introduced into Arkansas in
1973 as a potential addition to fish
production ponds. Regardless of the
specific date, the major pathway for
introduction of silver carp in the United
States was importation for biological
control of plankton in sewage lagoons
and culture ponds. The pathway that
led to presence of this species in open
waters probably was escape from
facilities. There is little, if any, current
use of silver carp for algae control.
Soon after importation, silver carp
were used in research projects and
stocked into wastewater treatment
lagoons and impoundments in several
States. In 1974 or 1975, silver carp were
collected from Bayou Meto and the
White River, Arkansas County,
Arkansas. In January 1980, several silver
carp were collected from Crooked Creek,
northeastern Arkansas County, which
flowed through two private fish
hatcheries possessing silver carp. By
1981, silver carp had been collected
from the White, Arkansas, and
Mississippi rivers in Arkansas. From
there, they continued to spread through
the Mississippi River Basin. Silver carp
have been collected from the natural
waters of 16 States and Puerto Rico.
Silver carp are well established
throughout much of the Mississippi
River Basin, and its range appears to be
expanding in that basin.
Pathways of Introduction
There are several potential pathways
for further introductions of silver carp
into additional water bodies that may
spread existing populations of silver
carp in the United States. One pathway
is through the release of baitfishes
contaminated with silver carp. Other
potential pathways that would likely
spread silver carp to new waterbodies in
the United States include intentional
release, ballast water release, spread by
commercial fishing activities, and
release or escape from livehaulers that
support commercial fishing or release
associated with the sale of the species
in live food fish markets, regardless of
whether the fish were cultured in fish
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farms or were caught live in the wild.
Silver carp may be introduced and
become established in new waterways
beyond their current ranges through
human use and movement.
Uses
Worldwide more silver carp are
produced than any other species of
freshwater fish; they are raised for food
or stocked for fishing. Silver carp are
not presently being cultured
commercially for food in the United
States and have been minimally
cultured in the last 20 years. The ability
of silver carp to effectively filter
particles and reliance on phytoplankton
for much of its diet has led to the use
of silver carp as a biological control
agent for phytoplankton. Silver carp
have been studied as a potential tool for
controlling excess nutrients in
wastewater ponds, with mixed results.
Native Range and Potential Range in the
United States
In Asia (China and Eastern Siberia),
silver carp are native from about 54 °N
southward to 21 °N. Most of North
America falls within these latitudes.
This fact, along with establishment of
this species in countries with climates
as tropical as Vietnam, as cold and arid
as Afghanistan and Pakistan, and as
temperate as Kyrgyzstan and Latvia,
leads to the conclusion that climate
alone in the United States should not
limit distribution of silver carp.
Silver carp are likely to become
established in the Great Lakes,
especially given their close proximity.
There are 22 rivers flowing into Lakes
Erie, Huron, Michigan, and Superior
that are potential spawning sites for
silver carp. The Genetic Algorithm for
Rule-Set Prediction (GARP) niche
modeling tool estimates that United
States distribution of silver carp could
highly likely include most of the
Midwest and eastern U.S. waterways,
including the Chesapeake Bay, and
tributaries, and the Connecticut River
system. Based on the GARP model,
silver carp, if introduced, are likely to
also establish in the Columbia River
system in the Northwest and possibly in
parts of the Colorado and Sacramento/
San Joaquin systems.
Because food availability, predation,
and competition are not known to limit
populations of this species elsewhere,
access to habitats required for successful
reproduction (i.e., substantial lengths of
flowing water) will play a large role in
determining potential range of silver
carp in American waters. Another factor
that may limit the distribution of silver
carp in the United States is the
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requirement to incubate eggs in waters
with fairly high ionic concentrations.
Largescale Silver Carp
Biology and Natural History
The commonly named largescale
silver carp (or southern silver carp,
Vietnamese carp, or Harmandi silver
carp) belongs to the family Cyprinidae,
with the species name of
Hypophthalmichthys harmandi.
The largescale silver carp is
physically most similar to the silver
carp, but does resemble bighead carp as
well. The relatively larger scale size of
the largescale silver carp is the most
reliable characteristic to distinguish it
from silver carp. The number of scales
along the lateral line of the largescale
silver carp range from 77 to 88
compared to the silver carp with 85 to
108. Scale rows above the lateral line in
largescale silver carp range from 21 to
23 compared to 29 to 30 in the silver
carp.
Because largescale silver carp remain
deep in the water column during
daylight hours and swim toward the
surface at night to feed on plankton,
they may be less prone to jumping than
silver carp in response to sounds of boat
engines during daytime.
Hybrids
Largescale silver carp are known to
hybridize and to produce viable
offspring with silver carp. In northern
Vietnam, native largescale silver carp,
introduced silver carp, and their hybrids
are cultured together. Largescale silver
carp grow faster than silver carp but
hybrids do not grow as quickly as pure
largescale silver carp. No additional
information on polyculture of largescale
silver carp with other fish species was
found. Largescale and silver carp
hybrids are tolerant of a temperate
climate (ca. 42–46 °N).
Habitat Use
Largescale silver carp prefer slowmoving, plankton-rich open waters.
This species is a nocturnal feeder and
remains in deeper waters during
daylight hours. Largescale silver carp is
most closely related to silver carp, with
which it hybridizes, therefore its
salinity tolerance is probably similar to
that of silver carp, which is a freshwater
species that can live in slightly brackish
waters.
Reproduction and Growth
The reproductive capability is
expected to be similar to that of silver
carp, though largescale silver carp reach
sexual maturity at a younger age than
silver carp. Females reach maturity in 2
years and males in 1 year. Spawning
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typically occurs in rivers during rains or
floods in May and June, although
spawning may be postponed until midAugust. Because largescale silver carp
and silver carp are closely related and
hybridize, spawning requirements are
likely similar.
The mean growth rate is greater for
largescale silver carp than for silver
carp. No information was found on
longevity of largescale silver carp, but
silver carp can live 15–20+ years
suggesting the possibility of a similar
longevity in the closely related
largescale silver carp. Some adults may
weigh 20–30 kg.
Diet and Feeding Habits
Largescale silver carp feed on
phytoplankton and prefer slow-moving,
plankton-rich open waters. This species
is a nocturnal feeder and remains in
deeper waters during daylight hours.
Because this species is most closely
related to silver carp, their food and
feeding habits are likely similar.
Uses
There is no indication that the
largescale silver carp have been
imported into or introduced into the
open waters of United States. Largescale
silver carp are considered the most
important species for culture in
Vietnam; the rapid growth and high fat
content of this fish has made it an
economically important species for
food. Because this species is most
closely related to silver carp, its
potential effectiveness in controlling
algae and its effect on excess nutrients
in closed systems is possibly similar to
that of silver carp.
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Native Range and Potential Range in the
United States
Largescale silver carp are native to
fresh waters of northern Hainan Island,
China, and the Red (Hong Ha) River of
northern Vietnam. The native range of
largescale silver carp is subtropical to
tropical (21–22 °N), making it the
southernmost fish of the genus. The
species does not occur naturally on the
Chinese mainland.
Within its native range, largescale
silver carp occur in subtropical to
tropical climates. Therefore, should
pure stock be introduced to U.S. waters,
its potential range would likely be
limited to subtropical waters such as
those present in southern Florida,
southern Texas, and Hawaii. Lack of
access to suitable rivers for spawning in
these areas may preclude successful
spawning. Hybrids of largescale silver
and silver carps, however, would be
expected to tolerate temperate waters as
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they do in Kazakhstan at about 42–46
°N.
Factors That Contribute to
Injuriousness for Silver Carp
Introduction and Spread
The major pathway for introduction of
silver carp in the United States was
importation for biological control of
plankton in culture ponds and sewage
lagoons. The pathway that led to the
presence of this species in open waters
of the United States was probably
escape from these facilities. Subsequent
escapes and the mixture of silver carp
with other species that were stocked
may have contributed to the expansion
of the species’ range.
Silver carp are difficult to handle and
transport because of their propensity to
jump and avoid being taken by seines.
These attributes have resulted in little
silver carp culture in the United States
since 1985. Silver carp are not being
cultured commercially at this time;
however, should culture of silver carp
resume, a potential pathway for
introduction would be escape or release
from a facility or during the transport
and sale of live fish in retail markets.
Other more likely pathways that may
aid the spread of existing populations of
silver carp include connected
waterways, contamination of pondgrown baitfishes with silver carp, ballast
water release, release or escape from
livehaulers that support commercial
fisheries, or spread by commercial
fishers themselves.
Wild silver carp are at risk of being
spread when juveniles are collected by
cast net for use as live baitfish. Silver
carp juveniles are very similar in
appearance to shad and anglers
sometimes catch young silver carp and
use them as live bait. Release of live bait
has been identified as a source for more
than 100 introductions of fishes beyond
their natural range in the United States.
Although adult and market-sized silver
carp are fragile and do not survive
collection and transport well, fingerling
silver carp are less susceptible to
mortality due to handling stress.
Other potential pathways for further
introductions of silver carp into the
wild involve those associated with the
sale of the species in live food fish
markets. Silver carp, caught as bycatch,
may be sold as fillets or to live fish
markets. Another potential pathway is
the intentional release of silver carp
through prayer release (the ceremonial
release of a fish in honor of the one that
will be eaten).
Silver carp have survived, become
established in river systems, and have
been reproducing in natural waters of
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52309
the United States since at least 1995.
Because silver carp can occupy lakes,
there is serious concern that this species
will further expand its range in the
United States beyond riverine
environments and into lake
environments including the Great Lakes.
In its native range, juveniles and adults
are found in lakes and reservoirs. Silver
carp may be capable of establishing
reproducing populations in other major
river systems, such as the Potomac/
Chesapeake, Columbia, and
Sacramento/San Joaquin Delta.
Hybrids
Hybridization of silver carp with
native fishes is not possible, but
hybridization has occurred between
silver carp and bighead carp (H. nobilis),
a nonnative species also present in the
Mississippi River basin, and between
silver carp and largescale silver carp (H.
harmandi). Hybridization may also be
possible with grass carp.
Potential Effects on Native Species
Competition for food and habitat with
other planktivorous fishes and with
post-larvae and early juveniles of most
native fishes is likely high. Since nearly
all fishes are planktivorous as larvae
and juveniles, it is highly likely that
silver carp will adversely affect most
native fishes in the Mississippi River
and also the Great Lakes basins, if
established. Silver carp will most likely
affect native adults in the Mississippi
River Basin, such as paddlefish
(Polyodon spathula), bigmouth buffalo
(Ictiobus cyprinellus), gizzard shad
(Dorosoma cepedianum), the regionally
abundant emerald shiner (Notropis
atherinoides), and threadfin shad
(Dorosoma petenens), particularly in
waters where food may become limited.
Paddlefish, native to the Mississippi
River Basin and Gulf of Mexico river
drainages from east Texas to Alabama,
is a large river fish that has declined in
abundance in recent years because of
overharvest and habitat alteration. Like
the silver carp, paddlefish use plankton
as its primary food source, so silver carp
or hybrids would directly compete with
paddlefish for food throughout most of
the paddlefish’s range. Other fish, such
as the buffalos or shads, use both
plankton and aquatic invertebrates as
food. While these fishes are currently
more common than paddlefish, they
may be at risk if silver carp or silver x
largescale silver carp hybrids or silver x
bighead hybrids are able to establish
and reduce plankton. Gizzard shad are
a primary forage base for predacious
fishes and important to the ecology of
Midwestern rivers; thus, the potential
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competition with silver carp in these
waters is cause for concern.
If silver carp negatively affect
important planktivorous forage fishes
such as the gizzard shad and emerald
shiner, fishes and birds that prey on
these species would likely also be
negatively affected. Adult silver carp are
too large to be preyed on by almost any
native predator. Young silver carp have
likely been incorporated into the diets
of piscivorous birds and fishes to some
degree, but the extent of this predation
is not known. Ecosystem balance is
likely to be modified if silver carp
populations become large enough to
dominate other planktivorous fish
species. Silver carp will likely have
major effects on nutrient cycling and
may have adverse effects on primary
productivity, which could alter food
webs and ultimately alter nutrient and
energy cycling in aquatic communities.
The most likely negative effect would be
an alteration of fish community
structure through competition for food.
Fishes and mussels that are determined
to be candidates for listing under the
Endangered Species Act would be at
risk.
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Habitat Degradation
There is low risk of silver carp
causing direct habitat degradation and/
or destruction, although the presence of
silver carp is sometimes associated with
decreased water clarity, which may also
impact benthic chemistry and
community structure. The effect of these
fishes on nutrients, sediment resuspension (which can stimulate
plankton growth), and decreasing
dissolved oxygen varies. Excrement
from silver carp (which can equal their
body weight in 10 days) has organically
enriched lake bottoms and altered the
benthic macroinvertebrate community
structure. Once established, these fish
are likely to cause shifts in the food web
and compete with other
zooplanktivorous fishes and fish larvae
for food. Changes in the community
structure towards smaller size plankton
may have negative effects on fishes
native to the United States that subsist
on larger zooplankton.
Potential Pathogens
Many species of parasites and
bacterial diseases occur in silver carp.
The only viral disease agent of silver
carp found in the literature is
Rhabdovirus carpio, the causative agent
for spring viraemia of carp (SVC), a
systemic, acute, and highly contagious
infection commonly occurring in the
spring when water temperatures are
below 18 °C. Silver carp are susceptible
to many diseases caused by parasitic
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protozoans and trematodes and several
crustaceans have also been reported
from silver carp.
Although there have been studies of
disease-causing agents of silver carp,
none have dealt with transfer of these
pathogens to native fishes of the United
States. Two parasites are a potential
threat to native North American fishes,
including cyprinids: Gill-damaging
Lernaea cyprinacea, known as
anchorworm (this parasite is also known
to affect salmonids and eels), and
Bothriocephalus acheilognathi, known
as Asian carp tapeworm. The Asian carp
tapeworm has infected native fishes of
concern in five States: Arizona,
Colorado, Nevada, New Mexico, and
Utah. Silver carp are hosts of this
parasite, but suffer minimal adverse
effects from it. As hosts of this
tapeworm, silver carp have the potential
to spread it to native fishes beyond the
five states listed above. This is a parasite
that erodes mucus membranes and
intestinal tissues, often leading to death
of the host.
Some disease-causing agents harbored
by silver carp pose health risks to
humans. The psychotropic pathogen
Listeria monocytogenes has been found
in market and fish farm samples of
silver carp. Clostridium botulinum was
found in 1.1% of fresh and smoked
samples of silver carp from the
Mazandaran Province in Iran. The
toxigenic fungi Aspergillus flavus,
Alternaria, Penicillium, and Fusarium
were found from silver carp and from
pond water in which they were raised
at a fish farm in northern Iran. In
addition, live Salmonella spp. can be
found in silver carp for at least 14 days
after transfer to clean water and silver
carp, therefore, should be considered as
a potential carrier for Salmonella (S.
typhimumium).
Potential Impacts to Threatened and
Endangered Wildlife
Adverse effects of silver carp on
selected threatened and endangered
freshwater mussels and fishes is likely
to be moderate to high. There are
currently 116 fishes and 70 mussels on
the Federal List of Endangered and
Threatened Wildlife. Based on habitat
requirements, it appears that 40 fishes
and 25 mussels currently on the list
would likely be impacted by the
introduction and establishment of silver
carp. Habitat requirements, springs and
small streams, of the remaining listed
fishes and mussels would probably
preclude any detectable effects as it is
unlikely that silver carp could survive
in such small bodies of water.
Adverse effects of established
populations of silver carp on
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endangered and threatened fishes and
mussels would vary between the two
groups. Adverse effects to fishes would
most likely be through direct
competition for food resources,
particularly phytoplankton and, to a
lesser extent, zooplankton, in the water
column during the larval stage. Potential
for direct predation and injury of
drifting fertilized eggs and larvae of
native fishes also exists. Mussels are
also filter feeders but live partly or
totally buried in the substrate. Their
association with the benthic
environment means that they would be
less likely to be affected by filter-feeding
silver carp. Nevertheless, changes in the
fish community structure caused by
silver carp are likely to have adverse
effects on abundance and availability of
host fishes required for mussel
reproduction. Nutrient levels are a
concern because there is evidence of
overloading of nutrients in waters where
silver carp have been introduced. Silver
carp may consume too much of the food
in the water and compete with native
species for food. Excrement from silver
carp has been found to increase levels
of certain nutrients, some which cannot
be consumed by other animals in the
digested form or may be harmful, which
may lead to a net decrease in food
resources available.
The likelihood that silver carp would
have adverse effects on designated
critical habitats of threatened and
endangered species is significant. There
are currently 60 species of fishes and 18
mussels with designated critical habitat.
Of the fishes and mussels with critical
habitat, at least 26 inhabit lakes or
reaches of streams large enough to
support silver carp.
In some habitats, silver carp can
develop extremely large populations
that would likely further imperil native
fishes not currently on the Federal List
of Endangered and Threatened Wildlife.
Large populations of silver carp are
likely to alter the native fish community
structure, resulting in decline of native
mussels since many rely on native host
fishes for reproduction. The fact that
silver carp can become extremely
abundant and reach a very large size (>
1 m in length) in rivers, lakes, and
reservoirs increases the probability of a
negative impact on aquatic ecosystems
they invade.
Potential Control
Due to the extensive established range
of silver carp in the Mississippi River
Basin, conventional control methods are
not feasible to reduce established
populations. The damage to ancillary
fisheries resources through control
measures would be substantial. Netting
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and electrofishing may be effective in
reducing populations, but many nontarget fish species would also be killed
where such control measures are used.
Selective removal of silver carp is
possible given their location in the
water column, but water trawling could
also remove other non-target fish such
as paddlefish.
Use of chemical treatments, such as
rotenone, would be expensive, only
locally effective, and would negatively
affect all fishes and invertebrates, not
just the target carp. Chemical treatment
of the Mississippi River and other large
rivers in the United States to control
silver carp is not feasible, either
logistically or economically, and would
have a low likelihood of success. Even
most nonlethal methods to prevent the
spread of silver carp, such as electrical
barriers or acoustic, physical, or bubble
barriers, would negatively affect
migratory native fishes. This effect
might be minimized, if somewhat
species-specific sonic barriers were
developed. Treatment of ballast water in
vessels moving from waters containing
reproductive populations of silver carp
to waters devoid of these fishes may
become necessary. At present, there is
no method known to substantially
reduce established populations of silver
carp. On the basis of presently available
technology, eradication is not possible.
Impacts to Humans
Silver carp in the United States cause
substantial impacts to the health and
welfare of human beings that use
waterways infested with silver carp.
There are numerous reports of injuries
to human beings and damage to boats
and boating equipment because of the
jumping habits of silver carp in the
vicinity of moving motorized watercraft.
Some reported injuries include cuts
from fins, black eyes, broken bones,
back injuries, and concussions. Silver
carp also cause property damage
including broken radios, depth finders,
fishing equipment, and antennae. Some
vessels have been fitted with a Plexiglas
pilot’s cab as protection against jumping
silver carp.
Factors That Reduce or Remove
Injuriousness for Silver Carp
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Control
The large and growing range of silver
carp in U.S. waterways makes chemical
control of established populations
highly unlikely, both physically and
fiscally. Some control might be possible
with massive fishing efforts. Justifying
the expense of such efforts would
require a large commercial demand,
which does not currently exist, nor is
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likely given the jumping behavior of
silver carp which makes fishing
difficult.
The ability to control spread of
established populations depends on
their access to open waterways and
riverine habitat to spawn. Barriers may
help control the spread of silver carp
from the Mississippi River basin into
the Great Lakes or other waterbodies.
However, there are still several
pathways by which silver carp from
established populations in the
Mississippi River Basin might be moved
to new waterbodies, such as the
Potomac River or Columbia River, and
have the potential to become
established.
Recovery of Disturbed Sites
Because the ability to eradicate this
species is low, there is little likelihood
for rehabilitation or recovery of
ecosystems disturbed by this species.
Additionally infested waterways allow
connections to unpopulated sites.
Utilizing sterile silver carp would do
little to reduce or remove injuriousness
as the present range of establishment in
the Mississippi River Basin is too
extensive for this option to reduce
current silver carp populations in this
area. The use of daughterless fish
technology (introducing sterile males to
produce unviable eggs) may reduce
populations, but this would take many
years before it would reduce numbers of
fish where they currently exist.
Research is being conducted on the use
of pheromones to control carp, but it is
years from demonstrating effectiveness
in natural waters and mass production.
These technologies might be useful to
prevent establishment of silver carp in
new areas.
Potential Pathogens
The potential for silver carp to infect
native fishes with pathogens is largely
unknown. Should such transfers prove
viable, the ability and effectiveness to
control these transfers to native fishes
would be low. The Asian carp
tapeworm, for which silver carp is a
known host, has demonstrated potential
to jump to native species of several
orders in other nations and within U.S.
waters.
Potential Ecological Benefits for
Introduction
The ability of silver carp to effectively
filter particles and reliance on
phytoplankton for much of its diet led
to research into their effectiveness as a
biological control agent for
phytoplankton in wastewater systems
and other ponds. There is conflicting
data concerning the benefit of using
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silver carp to control excess nutrients.
Regardless of their effect on increasing
or decreasing phytoplankton and
zooplankton abundance, studies have
consistently shown that filter feeding by
silver carp shifts the species
composition of these communities to
smaller species. Silver carps’
effectiveness has also been shown to be
greatly influenced by the design of the
facility.
Conclusion
Because silver carp are likely to
spread from their current established
range to new waterbodies in the United
States; are likely to compete with native
species for food and habitat; are likely
to have negative impacts on humans; are
known to hybridize with bighead carp,
a nonnative species also established in
the United States; and because it would
be difficult to eradicate, reduce large
populations, or recover ecosystems
disturbed by the species, the Service
finds silver carp to be injurious to the
interests of human beings and the
wildlife and wildlife resources of the
United States.
Factors That Contribute to
Injuriousness for Largescale Silver
Carp
Potential Introduction and Spread
To our knowledge, the largescale
silver carp has not been imported into
the United States. Its growth rate is
greater than that of silver carp, and the
species reaches sexual maturity sooner
than silver carp. In culture situations,
introduced silver carp hybridized with
largescale silver carp. The hybrids did
not grow as quickly as largescale silver
carp but exceeded the growth rate of
silver carp. Largescale silver carp x
silver carp hybrids were introduced in
Kazakhstan where they became
established. The climate of Kazakhstan
is temperate; thus, largescale silver carp
x silver carp hybrids are more coldtolerant than pure largescale silver carp.
The faster growth rate of these hybrids
than pure silver carp and the increased
palatability of largescale silver carp
compared to silver carp may
conceivably stimulate interest in
culturing either the hybrids or pure
largescale silver carp in the United
States. Because hybrids can tolerate
temperate climates, they have the
potential to be cultured in many
southern States. Culture of pure
largescale silver carp would probably
require subtropical/tropical conditions.
Escape from containment, as has
happened with silver carp, would
provide a pathway for release of
largescale silver carp into natural
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waters. Should this fish or its hybrids be
released into natural waters, connected
waterways would become a secondary
pathway for spread. Because of the
morphological similarity between this
species and silver carp, stock
contamination of silver carp by
largescale silver carp is possible if
imported from regions with populations
of H. harmandi. Another possible
introduction pathway, should largescale
silver carp or their hybrids be imported
for culture, would be sale of live
individuals in food fish markets.
Likelihood of spread of largescale
silver carp, should they be introduced,
would be high in subtropical/tropical
waters of the United States, but only
where river flows are sufficient to
support spawning. Hybrid largescale
silver carp x silver carp, however,
would have high potential to live in
much of the temperate United States.
Because largescale silver carp can
occupy reservoirs, they could also live
in lakes. The same is likely true for
hybrids. Young largescale silver carp or
any hybrids captured by anglers for use
as live bait would be a pathway that
could lead to numerous future
introductions of these species.
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Hybrids
Hybridization with native fishes is not
believed to be possible. Largescale silver
carp can hybridize with silver carp and
possibly bighead carp, both of which are
present in U.S. waters. Hybrids of
largescale silver carp are known to have
survived and became established in
Kazakhstan at a latitude of
approximately 45 °N, a latitude that
parallels the border between New York
State and Ontario, Canada. Therefore, it
can be assumed that these hybrids
would be capable of surviving and
probably establishing throughout much
of the United States where suitable
waters exist.
Potential Effects on Native Species
Largescale silver carp consume
primarily planktonic food sources. It is
unknown if largescale silver carp feed
more heavily on phytoplankton than
zooplankton, but their hybrids with
silver carp would likely show a
preference for phytoplankton.
Largescale silver carp and hybrids are
highly likely to compete for food with
other planktivorous native fishes and
with post-larvae and early juveniles of
most native fishes should they become
established in the United States.
Fishes most likely to be affected are
those species whose diet is
predominantly plankton including
paddlefish (Polyodon spathula), native
to the Mississippi River Basin and Gulf
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of Mexico river drainages from east
Texas to Alabama, buffalos (Ictiobus
spp.), or shads (Dorosoma spp.). Given
that these fish may already be
competing with bighead and silver carps
in some areas, the presence of largescale
silver carp would increase food
competition and increase the threat of
negative impacts to native species.
Potential for direct predation and
injury of drifting fertilized eggs and
larvae of fishes exists. Mussels are also
filter feeders but live partly or totally
buried in the substrate; they would be
less likely to be affected by filter-feeding
largescale silver carp or their hybrids.
Largescale silver carp feed in the water
column at night. Nevertheless, changes
in the fish community structure caused
by largescale silver carp or hybrids
would likely have adverse effects on
abundance and availability of host
fishes required for mussel reproduction.
There are other possible, but less
likely, effects that will cascade through
any aquatic ecosystem with an
established population of largescale
silver carp or their hybrids. Nutrient
levels are a concern because there is
evidence of overloading of nutrients in
waters into which silver carp have been
introduced, and the same may apply to
largescale silver carp or their hybrids.
Habitat competition would likely be
low unless populations become
significantly large. The potential of
largescale silver and any hybrids to
cause habitat degradation and/or
destruction is low as is possible
predation on native wildlife.
Additional adverse impacts on native
wildlife, wildlife resources, and
ecosystem balance are likely few, except
for fishes. Ecosystem balance would
likely be modified if populations of
largescale silver carp or their hybrids
with silver carp become large enough to
dominate planktivorous fish species.
Because largescale silver carp may
survive and become established and
compete with native fishes, there is no
acceptable escape or release threshold
for largescale silver carp or their
hybrids.
Potential Pathogens
The potential for largescale silver carp
to transfer pathogens is largely
unknown. No detailed studies of
disease-causing agents of largescale
silver carp have been found, but at least
three trematode parasites (Dactylogyrus
harmandi, D. hypophthalmichthys, D.
chenthushenae) are known to infect
largescale silver carp. Bighead, silver,
grass, and black carps are known to host
the Asian carp tapeworm
(Bothriocephalus acheilognathi), but it
is unknown whether largescale silver
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carp host this species. Since largescale
silver carp are very similar to silver
carp, they likely can host the Asian carp
tapeworm.
Potential Impacts to Threatened and
Endangered Wildlife
Adverse effects of largescale silver
carp on selected threatened and
endangered freshwater mussels and
fishes would be expected to be moderate
to high. There are currently 116 fishes
and 70 mussels on the Federal List of
Endangered and Threatened Wildlife.
Based on habitat requirements, it
appears that 40 fishes and 25 mussels
currently on the endangered or
threatened species list would likely be
impacted by the introduction and
establishment of largescale silver carp.
However, the habitat requirements,
springs and small streams, of the
remaining listed fishes and mussels
would probably preclude any detectable
effects as it is unlikely that largescale
silver carp or their hybrids would
survive in such small bodies of water.
It is highly likely that largescale silver
carp and particularly their hybrids with
silver carp would have adverse effects
on designated critical habitats of
threatened and endangered species.
There are currently 60 species of fishes
and 18 mussels with designated critical
habitat. At least 26 fishes and mussels
with critical habitat inhabit lakes or
reaches of streams large enough to
support hybrids of largescale silver carp
and silver carp. Largescale silver carp
and their hybrids have the potential to
alter food webs and ultimately alter
nutrient and energy cycling in aquatic
communities. The most likely effect
would be an alteration of fish
community structure through
competition for food. Fishes and
mussels that are determined to be
candidates for listing under the
Endangered Species Act would likewise
be at risk.
There is low likelihood that species
may be placed in danger of extinction as
a result of the introduction or
establishment of largescale silver carp if
only pure stock escaped and became
established in subtropical/tropical
waters in the United States. Yet, the
potential exists for hybrids with silver
carp to develop large populations that
could further imperil native fishes not
currently on the Federal List of
Endangered and Threatened Wildlife.
Large populations of hybrids with silver
carp would likely alter native fish
community structures, ultimately
resulting in decline of native mussels
since many rely on native host fishes for
reproduction. The fact that hybrids have
the potential to become abundant and
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reach a very large size, > 1 m in length,
in rivers, lakes, and reservoirs, increases
the probability of a negative impact on
aquatic ecosystems should largescale
silver carp be introduced and become
established.
Potential Control
Due to the potential range of
establishment of hybrid largescale silver
carp x silver carp in the United States,
conventional control methods would
not be feasible. The damage to ancillary
fisheries resources through control
measures would be substantial. Netting
and electrofishing might be effective in
reducing local populations of largescale
silver carp, but they would also affect
native fishes present in the area where
such control measures are used.
Similarly, use of chemical treatments
would be expensive, only locally
effective, and would negatively affect all
fishes and invertebrates. Even most
nonlethal methods to prevent the spread
of largescale silver carp, such as
electrical barriers or bubble curtains,
would negatively affect migratory native
fishes. At present, there is no method
known to substantially reduce
populations of established fishes in U.S.
waterways. On the basis of presently
available technology, eradication would
not be possible.
Potential Impacts to Humans
The potential impact on the health
and welfare of humans from largescale
silver carp or any hybrids is unknown.
If largescale silver x silver hybrids
display the jumping behavior of pure
silver carp, their potential to injure
humans could be considerable. Impacts
to agriculture, horticulture or forestry
from largescale silver carp or hybrids
are highly unlikely.
Factors That Reduce or Remove
Injuriousness for Largescale Silver
Carp
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Detection and Response
If largescale silver carp were
introduced into U.S. waters, it is
unlikely that the introduction would be
discovered until the numbers were high
enough to impact wildlife and wildlife
resources. Widespread surveys of
waterways are not conducted to
establish species’ presence lists. Delay
in discovery would limit the ability and
effectiveness to rapidly respond to the
introduction and prevent establishment.
It is unlikely that hybrid largescale
silver x silver carp could be eradicated
from U.S. waterways, should they be
introduced, unless they are found in
unconnected waterbodies.
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Control
If hybrid largescale silver x silver carp
were to escape and become established
in natural waters, management of
established populations would be nearly
impossible both physically and fiscally.
Some control might be possible with
massive fishing efforts using nets, but
this would unlikely stem range
expansion. There would have to be
substantial commercial demand to
justify the expense of such efforts.
Chemicals or selective removal may
be used to manage populations in
localized areas. However, selective
removal of largescale silver carp would
be difficult because they remain in
deeper waters during daylight hours
when such removal efforts would
probably occur. If largescale hybrids
lack this behavior, then selective
removal may be feasible in specific
situations. Pheromones may be a viable
option to limit spread; this possibility is
under investigation for silver carp, and
may have applicability to largescale
silver carp and any hybrids. However,
research into this control method is in
early stages.
It would be difficult to control the
spread of largescale silver carp or any
hybrids to new locations except,
perhaps, by use of electric, acoustic,
physical and other types of barriers. At
present, there is no method known to
substantially reduce populations of
introduced fishes in U.S. waterways. On
the basis of presently available
technology, eradication would not be
possible.
Although there is no evidence that
this species has been introduced or
targeted for introduction into the United
States, its affinities with silver carp
indicate that should it or its hybrids
with silver carp be introduced, abilities
to eradicate, manage or control spread to
new locations would likely be low.
Therefore, rehabilitation or recovery of
ecosystems disturbed by this species or
its hybrids is unlikely. Introduction of
largescale silver carp or its hybrids has
no known potential ecological benefits.
Because no evidence exists that
largescale silver carp have been
imported or released into U.S. waters,
triploidy or induced sterility could
potentially reduce or eliminate
injuriousness. Nevertheless, these
processes are likely to be costly, timeconsuming, and not 100% effective.
Should this species be imported, it is
likely that it would be placed in culture
with other Asian carps including silver
carp, a species with which the
largescale silver carp can hybridize.
Although the largescale silver carp is
not known to hybridize with bighead
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52313
carp, it is feasible because hybrids
between silver and bighead carps are
known.
Recovery of Disturbed Sites
Although there is no evidence that
this species has been introduced or
targeted for introduction into the U.S.,
its similarities with silver carp indicate
that should it or its hybrids with silver
carp be introduced, abilities to
eradicate, manage or control spread to
new locations would likely be low.
Therefore, there would be little
likelihood for rehabilitation or recovery
of ecosystems disturbed by this species
or its hybrids.
Potential Pathogens
The potential for largescale silver carp
or largescale silver x silver carp hybrids
to infect native fishes with pathogens is
largely unknown. Should such transfers
prove viable, ability and effectiveness to
control the spread to native fishes
would be low.
Potential Ecological Benefits for
Introduction
There are no potential ecological
benefits for introduction of largescale
silver carp or its hybrids.
Conclusion
Because largescale silver carp are
likely to escape or be released into the
wild if imported to the United States;
are likely to survive, become established
and spread if escaped or released; are
likely to compete with native species for
food and habitat; have been shown to
hybridize with silver carp, a nonnative
species already established in the
United States; hybrids with silver carp
may display jumping behavior that
could injure humans; and because it
would be difficult to prevent, eradicate,
reduce large populations, control spread
to new locations or recover ecosystems
disturbed by the species, the Service
finds largescale silver carp to be
injurious to the interests of human
beings and the wildlife and wildlife
resources of the United States.
Required Determinations
Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
This rule contains information
collection activity for special use
permits. The Fish and Wildlife Service
has approval from the Office of
Management and Budget (OMB) to
collect information under OMB control
number 1018–0093. This approval
expires June 30, 2007. The Service may
not conduct or sponsor, and a person is
not required to respond to, a collection
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of information unless it displays a
currently valid OMB control number.
Regulatory Planning and Review
(a) In accordance with the criteria in
Executive Order 12866, OMB has
designated this rule as a significant
regulatory action.
This rule would not have an annual
economic effect of $100 million or more
or adversely affect an economic sector,
productivity, jobs, the environment, or
other units of government.
Costs Incurred
Silver Carp
We expect this proposed rule to have
minimal costs. Silver carp are not
cultured in the United States, nor do we
believe that they are imported or
exported. Currently, there are some
commercial fisheries for silver carp in
the Mississippi, Missouri, and Illinois
rivers. Usually, commercial fishermen
are catching silver carp as bycatch,
which can account for up to 50 percent
of the catch. Silver carp are not
favorable because of their jumping
habits and because they are less
desirable by the consumer. In Missouri,
many of the fishermen do not primarily
target Asian carp (bighead and silver
carp) because the price received is low
($0.10–$0.15 per pound). Instead, they
fish for bighead and silver carp when
other species or opportunities are
unavailable. Many fishermen do not
distinguish between bighead carp and
silver carp.
Data for the silver carp fishery is
limited. While Table 1 shows
commercial fishery landings and value
in Iowa and Illinois, we recognize that
there may be landings in other States as
well. Compared to the total commercial
harvest and value, Asian carp
represented 11 percent of landings and
6 percent of value in 2003. Because
Illinois does not distinguish between
bighead carp and silver carp in its
annual report, we are unable to
determine the magnitude of silver carp
landings for the entire area. For Iowa,
silver carp represented less than 1
percent of total landings.
TABLE 1.—2003 COMMERCIAL FISHERY LANDINGS AND VALUE IN IOWA AND ILLINOIS
Illinois1
Total Commercial Harvest (lbs) ...................................................................................................
Asian Carp* ..........................................................................................................................
Silver Carp ............................................................................................................................
Total Commercial Value ($) .........................................................................................................
Asian Carp* ..........................................................................................................................
Silver Carp ............................................................................................................................
6,385,473
900,497
........................
$1,334,467
$99,055
........................
Iowa 2 3
2,242,997
15,774
3,828
$496,765
$1,735
$421
Total
8,628,470
916,271
3,828
$1,831,232
$100,790
$421
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*Asian carp includes bighead carp and silver carp. The value for Asian carp and silver carp in Iowa is based on the average $0.11/lb received,
which is the same as Illinois.
1 Illinois Department of Natural Resources. 2005. 2003 Commercial Catch Report. Brighton, Illinois.
2 Personal communication, Gene Jones, Iowa Department of Natural Resources.
3 Iowa Department of Natural Resources. 2003. Fisheries Management Section 2003 Completion Reports. Des Moines, Iowa.
The majority of the silver carp catch
is sold as round weight. In Illinois,
fishermen can sell silver carp as long as
they are not transported live once the
fish are taken off the water. No impacts
are expected to this market because
silver carp are not delivered live to the
processor.
The market for live silver carp is
unknown. Two live silver carp have
been seen for sale in Toronto markets;
it is unknown if live silver carp are
being sold in United States markets. It
is possible that silver carp are
inadvertently shipped along with live
bighead carp. However, most live
haulers will not haul live silver carp
because the fishes do not transport well.
Furthermore, the consumer prefers
bighead carp to silver carp. Because
only sales of live silver carp would be
regulated by this proposed rulemaking,
we do not expect any impacts to
commercial fishermen unless they are
transporting live silver carp across State
lines for processing. While the exact
impact is unknown, we expect it to be
minimal.
Largescale Silver Carp
There is no known use for largescale
silver carp in the United States or
import/export of the species into or
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from the United States. We do not know
of any future plans to use largescale
silver carp in the United States.
Therefore, we do not expect the
proposed rule to add largescale silver
carp to the list of injurious wildlife to
have any costs.
Benefits Accrued
Silver Carp
Within several waters of the Midwest,
silver carp comprise a large percentage
of the commercial catch as bycatch
(non-target species). This may be
negatively impacting revenue for
commercial fishermen because silver
carp are not as valuable as the native
species that are targeted. It is possible
that silver carp populations would not
become established in new watersheds
(Columbia Basin, Chesapeake Basin, and
Sacramento-San Joaquin Delta) with
similar attributes as the Mississippi
River Basin as a result of this
rulemaking. Silver carp are likely to
compete with native fish for food,
causing declines in native fishes in the
United States, particularly those that
rely heavily on plankton as a food
resource.
With this proposed rule, we expect to
delay and greatly decrease the risk of
the establishment of silver carp
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populations in other U.S. watersheds.
Thus, this proposed rule would protect
native fish and the recreational and
commercial fisheries associated with
native fish. In terms of recreational
fisheries, benefits would accrue due to
(1) consumer surplus generated from
fishing native fish and (2) fishingrelated expenditures such as food,
lodging, and equipment. In terms of
commercial fisheries, benefits would
accrue due to the ex-vessel revenue
from fishing native fish which are more
valuable than silver carp. The timeline
for when these benefits would accrue
depends on the potential spread and
impacts of silver carp. The extent of
benefits to recreational and commercial
fisheries is also unknown.
Largescale Silver Carp
There have been no reports that
largescale silver carp are in the United
States. However, native fish populations
could decline if largescale silver carp
were to establish populations in the
United States. With this proposed rule,
we expect to greatly reduce the risk of
the introduction and establishment of
largescale silver carp (or any hybrids) in
U.S. watersheds. Thus, this proposed
rule protects native fish and the
recreational and commercial fisheries
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associated with native fish. In terms of
recreational fisheries, benefits would
accrue due to the continued (1)
consumer surplus generated from
fishing native fish and (2) fishingrelated expenditures such as food,
lodging, and equipment. In terms of
commercial fisheries, benefits would
accrue due to the continued ex-vessel
revenue from fishing native fish. The
extent of benefits to recreational and
commercial fisheries is also unknown
because it depends on the introduction
and subsequent establishment of
largescale silver carp populations in the
United States.
(b) This proposed rule will not create
inconsistencies with other Federal
agencies’ actions. This rule pertains
only to regulations promulgated by the
U.S. Fish and Wildlife Service under the
Lacey Act. No other agencies are
involved in these regulations.
(c) This proposed rule would not
materially affect entitlements, grants,
user fees, loan programs, or the rights
and obligations of their recipients. This
proposed rule does not affect
entitlement programs. This rule is
aimed at regulating the importation and
movement of nonindigenous species
that have the potential to cause
significant economic and other impacts
on natural resources that are the trust
responsibility of the Federal
Government.
(d) OMB has determined that this
proposed rule raises novel legal or
policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever a Federal
agency publishes a notice of rulemaking
for any proposed or final rule, it must
prepare and make available for public
comment a regulatory flexibility
analysis that describes the effect of the
rule on small entities (i.e., small
businesses, small organizations, and
small government jurisdictions) (5
U.S.C. 601 et seq.). However, no
regulatory flexibility analysis is required
if the head of an agency certifies that the
rule would not have a significant
economic impact on a substantial
number of small entities. Thus, for a
regulatory flexibility analysis to be
required, impacts must exceed a
threshold for ‘‘significant impact’’ and a
threshold for a ‘‘substantial number of
small entities.’’ See 5 U.S.C. 605(b).
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
would not have a significant economic
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impact on a substantial number of small
entities.
This proposed rulemaking may
impact a small number of fishermen
selling live silver carp. The number of
fishermen targeting silver carp is
unknown. Because the market for live
silver market is also unknown, we are
unable to estimate the degree of impact
of this rulemaking. We expect this
proposed rulemaking to have a minimal
effect on commercial fishermen selling
live silver carp because many live
haulers do not transport live silver carp.
We do not expect this rulemaking to
affect aquaculture because silver carp,
largescale silver carp or any hybrids are
not being cultured in the United States
at this time.
Many small businesses within the
retail trade industry (such as hotels, gas
stations, taxidermy shops, bait and
tackle shops, etc.) may benefit from
continued recreational fishing without
impacts from silver carp, largescale
silver carp, or any hybrids. Furthermore,
small businesses associated with
commercial fishing (fishermen,
wholesalers, and retailers) would also
benefit from continued commercial
fishing without impacts from silver
carp, largescale silver carp, or any
hybrids. We do not know the extent to
which these small businesses would
continue to benefit. However, we expect
this benefit to be distributed across
various watersheds, and so we do not
expect that the rule will have a
significant economic effect (benefit) on
a substantial number of small entities in
any region or nationally.
Therefore, we certify that this rule
would not have a significant economic
effect on a substantial number of small
entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). An
initial/final Regulatory Flexibility
Analysis is not required. Accordingly, a
Small Entity Compliance Guide is not
required. No individual small industry
within the United States will be
significantly affected if live silver carp
or largescale silver carp importation and
interstate transportation are prohibited.
Small Business Regulatory Enforcement
Fairness Act
The rule is not a major rule under
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
Silver carp is in limited commercial
trade in the United States and primarily
as fillets; the largescale silver carp is not
known to be imported or present in the
United States. Silver carp are likely to
devastate many native fishery resources
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52315
if it continues to spread in the United
States. The largescale silver carp could
devastate many native fishery resources
if it is introduced to U.S. waterways.
This rulemaking will protect the
environment from the introduction and
spread of non-native species and will
indirectly work to sustain the economic
benefits enjoyed by numerous small
establishments connected with
recreational and commercial fishing.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does 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.
Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), this rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule would not prohibit intrastate
transport or any use of silver carp or
largescale silver carp within State
boundaries. Any regulations adhering to
the use of silver carp or largescale silver
carp within individual States will be the
responsibility of each State. The rule
does not have a significant or unique
effect on State, local, or tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act is not required.
Takings
In accordance with Executive Order
12630, the rule does not have significant
takings implications. A takings
implication assessment is not required.
This rule would not impose significant
requirements or limitations on private
property use.
Federalism
In accordance with Executive Order
13132, the rule does not have significant
Federalism effects. A Federalism
assessment is not required. This rule
would not have substantial direct effects
on States, in the relationship between
the Federal Government and the States,
or on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
we determine that this rule does not
have sufficient Federalism implications
to warrant the preparation of a
Federalism Assessment.
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Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Proposed Rules
Civil Justice Reform
In accordance with Executive Order
12988, the Office of the Solicitor has
determined that the rule does not
unduly burden the judicial system and
meets the requirements of sections 3(a)
and 3(b)(2) of the Executive Order. The
rule has been reviewed to eliminate
drafting errors and ambiguity, was
written to minimize litigation, provides
a clear legal standard for affected
conduct rather than a general standard,
and promotes simplification and burden
reduction.
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National Environmental Policy Act
We have reviewed this rule in
accordance with the criteria of the
National Environmental Policy Act and
the Departmental Manual in 516 DM.
This action is being taken to protect the
natural resources of the United States.
Draft environmental assessments have
been prepared for each species and are
available for review by written request
(see ADDRESSES section) or at our Web
page at https://contaminants.fws.gov/
Issues/InvasiveSpecies.cfm.
Adding silver carp and largescale
silver carp to the list of injurious
wildlife is intended to prevent their
further introduction and establishment
into natural waters of the United States
in order to protect native fishes, the
survival and welfare of wildlife and
wildlife resources and the health and
welfare of humans. Not listing silver
carp as injurious may allow for an
expansion of their use to States where
they are not already found, thus
increasing the risk of their escape and
establishment in new areas due to
accidental release and, perhaps,
intentional release, which would likely
threaten native fish, wildlife, and
humans. Silver carp are established
throughout much of the Mississippi
River Basin. Releases of silver carp into
natural waters of the United States are
likely to occur again and the species is
likely to become established in
additional U.S. waterways, threatening
native fish populations, wildlife, and
wildlife resources dependent on
phytoplankton, zooplankton, bacteria,
and detritus, and impacting human
health.
Largescale silver carp are not known
to be in the United States, but if
introduced to natural waters, they
would likely impact the welfare and
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survival of native fish and wildlife, as
well as the health and welfare of
humans. In addition, largescale silver
carp are visually similar to silver carp
and can readily hybridize with silver
carp, so they would be difficult to
distinguish from silver carp.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated potential effects on Federally
recognized Indian tribes and have
determined that there are no potential
effects. This rule involves the
importation and interstate movement of
all forms of live silver carp, largescale
silver carp, gametes, eggs, and hybrids.
We are unaware of trade in these species
by Tribes.
Effects on Energy
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, and use. Executive Order
13211 requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. This rule is
not expected to affect energy supplies,
distribution, and use. Therefore, this
action is a not a significant energy
action and no Statement of Energy
Effects is required.
Clarity of the Rule
Executive Order 12866 requires each
agency to write regulations that are easy
to understand. We invite your
comments on how to make this rule
easier to understand including answers
to questions such as the following: (1)
Are the requirements in this rule clearly
stated? (2) Does the rule contain
technical language or jargon that
interferes with the clarity? (3) Does the
format of the rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity? (4) Is the description of the rule
in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in
understanding the rule? What else could
we do to make the rule easier to
understand?
Send a copy of any written comments
about how we could make this rule
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Fmt 4702
Sfmt 4702
easier to understand to: Office of
Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street,
NW., Washington, DC 20240. You may
also e-mail comments to
Exsec@ios.doi.gov.
References Cited
A complete list of all references used
in this rulemaking is available upon
request from the Branch of Invasive
Species (see the FOR FURTHER
INFORMATION CONTACT section).
Authority
The Service is issuing this proposed
rule under the authority of the Lacey
Act (18 U.S.C. 42).
List of Subjects in 50 CFR Part 16
Fish, Imports, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
For the reasons discussed in the
preamble, the U.S. Fish and Wildlife
Service proposes to amend part 16,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as follows:
PART 16—[AMENDED]
1. The authority citation for part 16
continues to read as follows:
Authority: 18 U.S.C. 42.
2. Amend § 16.13 as follows:
a. By removing the word ‘‘and’’ at the
end of paragraph (a)(2)(iii);
b. By removing the period at the end
of paragraph (a)(2)(iv)(BB) and adding in
its place ‘‘; and’’; and
c. By adding a new paragraph (a)(2)(v)
to read as set forth below.
§ 16.13 Importation of live or dead fish,
mollusks, and crustaceans, or their eggs.
(a) * * *
(2) * * *
(v) Live fish, gametes, viable eggs, or
hybrids of the species silver carp,
Hypophthalmichthys molitrix, or
largescale silver carp,
Hypophthalmichthys harmandi.
*
*
*
*
*
Dated: July 14, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 06–7416 Filed 9–1–06; 8:45 am]
BILLING CODE 4310–55–P
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Agencies
[Federal Register Volume 71, Number 171 (Tuesday, September 5, 2006)]
[Proposed Rules]
[Pages 52305-52316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7416]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
RIN 1018-AT29
Injurious Wildlife Species; Silver Carp (Hypophthalmichthys
molitrix) and Largescale Silver Carp (Hypophthalmichthys harmandi)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of availability of environmental
documents.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service proposes to add all forms
(diploid and triploid) of live silver carp (Hypophthalmichthys
molitrix), gametes, eggs, and hybrids; and all forms (diploid and
triploid) of live largescale silver carp (Hypophthalmichthys harmandi),
gametes, eggs, and hybrids to the list of injurious fish, mollusks, and
crustaceans under the Lacey Act. This listing would have the effect of
prohibiting the importation and interstate transportation of any live
animal, gamete, viable egg, or hybrid of the silver carp and largescale
silver carp, without a permit in limited circumstances. 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 silver carp and largescale silver carp
populations in ecosystems of the United States.
DATES: Comments must be submitted on or before November 6, 2006.
ADDRESSES: You may submit comments, identified by RIN number 1018-AT29,
by any of the following methods:
E-mail: silvercarp@fws.gov. Include ``RIN number 1018-
AT29'' in the subject line of the message. See the Public Comments
Solicited section below for file format and other information about
electronic filing.
Fax: (703) 358-1800.
Mail/Hand Delivery/Courier: Chief, Branch of Invasive
Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,
Suite 322, Arlington, VA 22203.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and Regulatory Information Number (RIN) for this rulemaking. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Erin Williams, Branch of Invasive
Species, at erin_williams@fws.gov, or (703) 358-2034.
SUPPLEMENTARY INFORMATION:
Background
In October 2002, the U.S. Fish and Wildlife Service (Service)
received a petition signed by 25 members of Congress representing the
Great Lakes region to add bighead, silver, and black carp to the list
of injurious wildlife under the Lacey Act (18 U.S.C. 42). A follow-up
letter to the original petition had seven additional Legislator
signatures that support the petition. The Service published a Federal
Register notice of inquiry on silver carp (68 FR 43482-43483, July 23,
2003) and provided a 60-day public comment period. We received 31
comments in total, but 12 of these did not address the issues raised in
the notice of inquiry. We considered the information provided in the 19
relevant comments. Most of the comments supported the addition of
silver carp to the list of injurious wildlife. One commenter noted that
silver carp have no commercial value, but was concerned that listing
would hinder control and management. One commenter asked us to delay
listing until a risk assessment could be completed. Biological synopses
and risk assessments were compiled for silver and largescale silver
carp.
Under the terms of the injurious wildlife provisions of the Lacey
Act, the Secretary of the Interior is authorized to prohibit the
importation and interstate transportation of species designated by the
Secretary as injurious. Injurious wildlife are defined as those species
and offspring and eggs that are injurious to wildlife and wildlife
resources, to human beings, and to the interests of forestry,
horticulture, or agriculture of the United States. Wild mammals, wild
birds, fish, mollusks, crustaceans, amphibians, and reptiles are the
only organisms that can be added to the injurious wildlife list.
Species listed as injurious (including their gametes or eggs) may
not be imported into the United States or transported between States,
the District of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States by any means without a
permit issued by the Service. Permits may be granted for the
importation or transportation of
[[Page 52306]]
injurious wildlife and their offspring or eggs for bona fide
scientific, medical, educational, or zoological purposes. A listing
would not prohibit intrastate transport or possession of species within
States, where not prohibited by the State. Any regulation pertaining to
the use of species within States would continue to be the
responsibility of each State.
Public Participation
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 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.
This proposed rule solicits economic, biological, or other
information on adding all forms of live silver and largescale silver
carp, and hybrids, to the list of injurious wildlife. The data will be
used to determine if these species are a threat, or potential threat,
to those interests of the United States delineated above, and thus
warrant addition to the list of injurious fish in 50 CFR 16.13.
We are soliciting public comments and supporting data, to gain
additional information, on this proposed rule to add all forms of live
silver and largescale silver carp, gametes, eggs, and hybrids, to the
list of injurious wildlife under the Lacey Act. We specifically seek
comment on the following questions:
(1) What regulations does your State have pertaining to the use,
transport, and/or production of silver or largescale silver carp?
(2) How many silver carp are currently in culture or used to
control algae in ponds, in how many and which States? Please provide
the number of silver carp, if any, permitted within each State.
(3) What would it cost to eradicate silver carp or largescale
silver carp individuals and/or populations, or similar nonnative
populations, if found?
(4) What are the costs of implementing propagation, recovery, and
restoration programs for native fish or other native species? What
State-listed species would be impacted by the introduction of silver or
largescale silver carp?
(5) What is the economic value of commercial fisheries that have
been or could be impacted by silver or largescale silver carp?
(6) How many fishermen sell live silver carp?
(7) What are the annual sales and landings for live and/or dead
silver carp? What is the magnitude of the commercial market for live
silver carp, if any?
(8) What is the consumer surplus generated from fishing for native
fish or fishing-related expenditures such as food, lodging, and
equipment? What is the ex-vessel revenue from fishing for native fish
that are more valuable than silver carp?
(9) What is the economic value of baitfish industries in each
State? How would the presence of wild silver carp affect baitfish
imports or exports within a State?
Description of the Proposed Rule
The regulations contained in 50 CFR part 16 implement the Lacey Act
as amended. Under the terms of that law, the Secretary of the Interior
is authorized to prohibit by regulation certain activities involving
wild mammals, wild birds, fish, mollusks, crustaceans, amphibians,
reptiles, and the offspring or eggs of any of the foregoing that are
injurious to human beings, to the interests of agriculture,
horticulture, or forestry, or to the wildlife or wildlife resources of
the United States. The lists of injurious wildlife species are at 50
CFR 16.11 to 16.15. By adding all forms of live silver carp and
largescale silver carp, gametes, eggs and hybrids to the list of
injurious wildlife, their importation into the United States, and
transportation between States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of the
United States by any means whatsoever would be prohibited, except by
permit for zoological, educational, medical, or scientific purposes (in
accordance with permit regulations at 50 CFR 16.22), or by Federal
agencies without a permit solely for their own use. Federal agencies
who wish to import silver or largescale silver carp for their own use
must file a written declaration with the District Director of Customs
and the U.S. Fish and Wildlife Service Inspector at the port of entry.
No live silver carp or largescale silver carp, progeny thereof, viable
eggs or hybrids imported or transported under a permit could be sold,
donated, traded, loaned, or transferred to any other person or
institution unless such person or institution has a permit issued by
the U.S. Fish and Wildlife Service. The interstate transportation of
all forms of live silver carp or largescale silver carp, gametes,
viable eggs or hybrids currently held in the United States for any
purpose would be prohibited without a permit.
This action is being considered in order to protect the welfare and
survival of native wildlife and wildlife resources and the health and
welfare of human beings from the potential negative impacts of silver
carp and largescale silver carp by adding them to the list of injurious
wildlife and preventing their importation and interstate movement.
Each State can regulate the transportation and possession of silver
carp and largescale silver carp within its State boundaries, but States
are not able to prohibit the importation into the United States or the
interstate transportation of these species. If one State allows the use
of either species, and if either species is introduced to natural
waters that are connected to other States' waterbodies, the silver or
largescale silver carp could be introduced to a State that prohibits
their use or possession, potentially impacting that State's natural
resources. Many States are asking the Federal Government to prohibit
the importation and interstate transportation of silver carp and have
submitted letters of support for the addition of silver carp to the
list of injurious wildlife. They are concerned that interstate
transportation, through trucking accidents or exchange of hauling
water, could result in the introduction of silver carp into State
waters where they do not exist and are prohibited by State law. In
addition, they are concerned that if their importation into the United
States is still allowed, silver carp could become established in new
waterways where they do not currently exist through human movement. The
evaluation of injuriousness follows the biology and natural history
summary sections for each species.
Silver Carp
Biology and Natural History
The commonly named silver carp belongs to the family Cyprinidae,
with the species name of Hypophthalmichthys molitrix. The silver carp
is a deep-bodied fish with scale counts typically ranging from 85 to
108. Adult coloration is typically gray-
[[Page 52307]]
black along its top with upper sides olive-green that grade to silver
along its side and stomach. Fins are dark and without true spines.
Large adults can reach over 1.2 meters (m) in length and 50 kilograms
(kg) in weight. The gill rakers of silver carp are unique and form a
highly specialized filtering apparatus.
The silver carp is a freshwater species that can live in slightly
brackish waters. Silver carp occur naturally in a variety of freshwater
habitats including large rivers and warm water ponds, lakes, and
backwaters that receive flooding or are otherwise connected to large
rivers. They also have been introduced to ponds, lakes, reservoirs, and
canals where they grow well, but may not spawn and recruit without
access to an appropriate riverine habitat. Silver carp usually occupy
the upper and middle layers of the water column and are quite tolerant
of broad water temperatures: from 4 [deg]C to 40 [deg]C.
Silver carp can be distinguished from all native North American
cyprinids, except the golden shiner, by the presence of a well-
developed ventral keel. It can be distinguished from the golden shiner
in having very small scales (lateral line scales 85-108) compared to
the golden shiner (39-51). Silver carp have only four pharyngeal teeth
per side in a single row while the golden shiner has five on each side
in a single row.
Small silver carp may resemble shad (Dorosoma species). Of the nine
established nonindigenous cyprinids in the United States, the silver
carp is most similar to bighead carp. The silver carp is also very
similar to largescale silver carp, a species which is not known to be
in the United States.
Though they are considered a deep water, schooling species, in the
Missouri River these fish generally stay between 1 and 5 m deep and are
rarely observed on the surface until disturbed. Once disturbed, silver
carp often swim rapidly near the surface creating a characteristic
large wake and regularly jump out of the water, particularly in
response to outboard motors.
Hybrids
Hybridization between closely related species of cyprinids (e.g.,
species of the genus Hypophthalmichthys) is not unusual. Silver carp
are known to hybridize and to produce viable offspring with both
bighead (Hypophthalmichthys nobilis) and largescale silver carps.
Hybrids of silver and bighead carps are often used in aquaculture in
other countries. Both crosses (bighead carp x silver carp and the
reciprocal cross) are fertile. Hybrids of bighead and silver carps
often strongly resemble one or the other of the parent species.
Bighead carp x silver carp are common in parts of the United States
and are likely to be the result of wild spawning, not escapement of
artificially induced hybrids because neither silver carp nor the
hybrids are known to be in use in aquaculture in the United States.
Five percent of the adult Hypophthalmichthys caught in the lower
Missouri River in 2004 were hybrids. Hybridization between closely
related cyprinid fishes occurs most commonly where a species has been
introduced; hybridization between cyprinids typically occurs when
members of related species share similar spawning habitat, behavior,
and season because of the loss of environmental cues that inhibit
hybridization behavior. The presence of large numbers of wild-spawned
hybrids implies that bighead and silver carps often spawn in the same
place at the same time in United States waters. Although there has been
moderate success in artificially producing hybrids of
Hypophthalmichthys spp. and common carp (Cyprinus carpio), the spawning
locations and behaviors of the two genera are so different that
production of wild hybrids would be unlikely.
Habitat Use
Silver carp in the Missouri River occupy primarily low-velocity
water 1 to 5 m deep in all months of the year and use low-velocity
sections of Missouri River tributaries. Adult silver carp aggregate in
pool habitats to overwinter. Preliminary research indicates that silver
carp in the Missouri River are active in winter, with activity slowing
at less than 4 [deg]C and little movement occurring at temperatures
below 2 [deg]C. Silver carp used tributaries to larger rivers in the
summer.
Large lakes connected to rivers often serve as nursery areas for
silver carp. Juvenile silver carp typically remain in backwater
habitats whereas adults are typically found in main channels of rivers.
There is limited data about the habitat use of juvenile silver carp in
the United States because their introduction, spread and establishment
is relatively recent and ongoing. Young-of-year silver carp were found
in abundance in the backwaters of the middle Mississippi River, and
juvenile silver carp were collected in low-velocity and off-channel
habitats in the Missouri, Mississippi, Wabash, and lower Ohio rivers.
Young-of-year (<100 millimeters (mm)) and juvenile (100-500 mm) silver
carp collected for the Long Term Resource Monitoring Program (LTRMP),
of the U.S. Army Corps of Engineers, were found in similar proportions
between main channel borders, side channel borders, and contiguous
backwaters.
Reproduction and Growth
The reproductive potential of silver carp is high and increases
with body size. Estimates range from 145,000-5,400,000 eggs for fish
3.18-12.1 kg. Eggs must be incubated in waters with fairly high ionic
concentrations. Silver carp mature anywhere from 3-8 years, and males
usually mature one year earlier than females. Silver carp use discrete
spawning sites repeatedly. Silver carp usually spawn in the spring and
early summer after a rise in water levels with water temperatures
ranging from 18-26 [deg]C, though larva has been collected from the
lower Missouri River in late August to mid-September. Eggs are semi-
buoyant, so spawning typically occurs in water of sufficient flow to
keep the eggs from sinking to the bottom and dying. The same female may
spawn twice during one growing season. There are indications of a
prolonged spawning period, into late summer or early fall, in the
United States.
Silver carp can grow quickly: 20 to 30 kg in 5 to 8 years, and
survival of silver carp in some culture ponds was 91%. Water
temperatures for maximum growth of silver carp are between 24-34
[deg]C. Silver carp are difficult to age, but have been reported to
live 15-20+ years.
Diet and Feeding Habits
Silver carp are primarily phytoplanktivores, but are highly
opportunistic, eating phytoplankton, zooplankton, bacteria and
detritus. Silver carp will also bite on bread paste and dough balls
used as bait. Silver carp can effectively filter and consume smaller
particles than bighead carp. Their food consumption rate is high, but
widely variable. Fry at the smallest size class consumed up to 140% of
their body weight daily; 63 mg fingerlings consumed just more than 30%
and 70-166 mg fingerlings consumed 63% of their body weight. Adult
silver carp have been shown to consume 8.8 kg of food per year, with
90% of the consumption occurring during the three warmest months of the
year. In the Missouri River, silver carp sometimes had full guts at
temperatures lower than 4 [deg]C. Studies consistently show that filter
feeding by silver carp shifts the species composition of the
phytoplankton community to smaller species. Silver carp consume
zooplankton, especially when phytoplankton abundance is low. Studies
also consistently show that the
[[Page 52308]]
presence of silver carp results in a zooplankton community dominated by
smaller individuals.
History of Introduction
There are conflicting reports about the first importation of silver
carp into the United States. One report said that silver carp were
introduced in 1971 from Taiwan for algae control in sewage lagoons.
Another report stated that silver carp were introduced in 1972 under an
agreement of maintenance with the Arkansas Game and Fish Commission. A
third citation said silver carp were introduced into Arkansas in 1973
as a potential addition to fish production ponds. Regardless of the
specific date, the major pathway for introduction of silver carp in the
United States was importation for biological control of plankton in
sewage lagoons and culture ponds. The pathway that led to presence of
this species in open waters probably was escape from facilities. There
is little, if any, current use of silver carp for algae control.
Soon after importation, silver carp were used in research projects
and stocked into wastewater treatment lagoons and impoundments in
several States. In 1974 or 1975, silver carp were collected from Bayou
Meto and the White River, Arkansas County, Arkansas. In January 1980,
several silver carp were collected from Crooked Creek, northeastern
Arkansas County, which flowed through two private fish hatcheries
possessing silver carp. By 1981, silver carp had been collected from
the White, Arkansas, and Mississippi rivers in Arkansas. From there,
they continued to spread through the Mississippi River Basin. Silver
carp have been collected from the natural waters of 16 States and
Puerto Rico. Silver carp are well established throughout much of the
Mississippi River Basin, and its range appears to be expanding in that
basin.
Pathways of Introduction
There are several potential pathways for further introductions of
silver carp into additional water bodies that may spread existing
populations of silver carp in the United States. One pathway is through
the release of baitfishes contaminated with silver carp. Other
potential pathways that would likely spread silver carp to new
waterbodies in the United States include intentional release, ballast
water release, spread by commercial fishing activities, and release or
escape from livehaulers that support commercial fishing or release
associated with the sale of the species in live food fish markets,
regardless of whether the fish were cultured in fish farms or were
caught live in the wild. Silver carp may be introduced and become
established in new waterways beyond their current ranges through human
use and movement.
Uses
Worldwide more silver carp are produced than any other species of
freshwater fish; they are raised for food or stocked for fishing.
Silver carp are not presently being cultured commercially for food in
the United States and have been minimally cultured in the last 20
years. The ability of silver carp to effectively filter particles and
reliance on phytoplankton for much of its diet has led to the use of
silver carp as a biological control agent for phytoplankton. Silver
carp have been studied as a potential tool for controlling excess
nutrients in wastewater ponds, with mixed results.
Native Range and Potential Range in the United States
In Asia (China and Eastern Siberia), silver carp are native from
about 54 [deg]N southward to 21 [deg]N. Most of North America falls
within these latitudes. This fact, along with establishment of this
species in countries with climates as tropical as Vietnam, as cold and
arid as Afghanistan and Pakistan, and as temperate as Kyrgyzstan and
Latvia, leads to the conclusion that climate alone in the United States
should not limit distribution of silver carp.
Silver carp are likely to become established in the Great Lakes,
especially given their close proximity. There are 22 rivers flowing
into Lakes Erie, Huron, Michigan, and Superior that are potential
spawning sites for silver carp. The Genetic Algorithm for Rule-Set
Prediction (GARP) niche modeling tool estimates that United States
distribution of silver carp could highly likely include most of the
Midwest and eastern U.S. waterways, including the Chesapeake Bay, and
tributaries, and the Connecticut River system. Based on the GARP model,
silver carp, if introduced, are likely to also establish in the
Columbia River system in the Northwest and possibly in parts of the
Colorado and Sacramento/San Joaquin systems.
Because food availability, predation, and competition are not known
to limit populations of this species elsewhere, access to habitats
required for successful reproduction (i.e., substantial lengths of
flowing water) will play a large role in determining potential range of
silver carp in American waters. Another factor that may limit the
distribution of silver carp in the United States is the requirement to
incubate eggs in waters with fairly high ionic concentrations.
Largescale Silver Carp
Biology and Natural History
The commonly named largescale silver carp (or southern silver carp,
Vietnamese carp, or Harmandi silver carp) belongs to the family
Cyprinidae, with the species name of Hypophthalmichthys harmandi.
The largescale silver carp is physically most similar to the silver
carp, but does resemble bighead carp as well. The relatively larger
scale size of the largescale silver carp is the most reliable
characteristic to distinguish it from silver carp. The number of scales
along the lateral line of the largescale silver carp range from 77 to
88 compared to the silver carp with 85 to 108. Scale rows above the
lateral line in largescale silver carp range from 21 to 23 compared to
29 to 30 in the silver carp.
Because largescale silver carp remain deep in the water column
during daylight hours and swim toward the surface at night to feed on
plankton, they may be less prone to jumping than silver carp in
response to sounds of boat engines during daytime.
Hybrids
Largescale silver carp are known to hybridize and to produce viable
offspring with silver carp. In northern Vietnam, native largescale
silver carp, introduced silver carp, and their hybrids are cultured
together. Largescale silver carp grow faster than silver carp but
hybrids do not grow as quickly as pure largescale silver carp. No
additional information on polyculture of largescale silver carp with
other fish species was found. Largescale and silver carp hybrids are
tolerant of a temperate climate (ca. 42-46 [deg]N).
Habitat Use
Largescale silver carp prefer slow-moving, plankton-rich open
waters. This species is a nocturnal feeder and remains in deeper waters
during daylight hours. Largescale silver carp is most closely related
to silver carp, with which it hybridizes, therefore its salinity
tolerance is probably similar to that of silver carp, which is a
freshwater species that can live in slightly brackish waters.
Reproduction and Growth
The reproductive capability is expected to be similar to that of
silver carp, though largescale silver carp reach sexual maturity at a
younger age than silver carp. Females reach maturity in 2 years and
males in 1 year. Spawning
[[Page 52309]]
typically occurs in rivers during rains or floods in May and June,
although spawning may be postponed until mid-August. Because largescale
silver carp and silver carp are closely related and hybridize, spawning
requirements are likely similar.
The mean growth rate is greater for largescale silver carp than for
silver carp. No information was found on longevity of largescale silver
carp, but silver carp can live 15-20+ years suggesting the possibility
of a similar longevity in the closely related largescale silver carp.
Some adults may weigh 20-30 kg.
Diet and Feeding Habits
Largescale silver carp feed on phytoplankton and prefer slow-
moving, plankton-rich open waters. This species is a nocturnal feeder
and remains in deeper waters during daylight hours. Because this
species is most closely related to silver carp, their food and feeding
habits are likely similar.
Uses
There is no indication that the largescale silver carp have been
imported into or introduced into the open waters of United States.
Largescale silver carp are considered the most important species for
culture in Vietnam; the rapid growth and high fat content of this fish
has made it an economically important species for food. Because this
species is most closely related to silver carp, its potential
effectiveness in controlling algae and its effect on excess nutrients
in closed systems is possibly similar to that of silver carp.
Native Range and Potential Range in the United States
Largescale silver carp are native to fresh waters of northern
Hainan Island, China, and the Red (Hong Ha) River of northern Vietnam.
The native range of largescale silver carp is subtropical to tropical
(21-22 [deg]N), making it the southernmost fish of the genus. The
species does not occur naturally on the Chinese mainland.
Within its native range, largescale silver carp occur in
subtropical to tropical climates. Therefore, should pure stock be
introduced to U.S. waters, its potential range would likely be limited
to subtropical waters such as those present in southern Florida,
southern Texas, and Hawaii. Lack of access to suitable rivers for
spawning in these areas may preclude successful spawning. Hybrids of
largescale silver and silver carps, however, would be expected to
tolerate temperate waters as they do in Kazakhstan at about 42-46
[deg]N.
Factors That Contribute to Injuriousness for Silver Carp
Introduction and Spread
The major pathway for introduction of silver carp in the United
States was importation for biological control of plankton in culture
ponds and sewage lagoons. The pathway that led to the presence of this
species in open waters of the United States was probably escape from
these facilities. Subsequent escapes and the mixture of silver carp
with other species that were stocked may have contributed to the
expansion of the species' range.
Silver carp are difficult to handle and transport because of their
propensity to jump and avoid being taken by seines. These attributes
have resulted in little silver carp culture in the United States since
1985. Silver carp are not being cultured commercially at this time;
however, should culture of silver carp resume, a potential pathway for
introduction would be escape or release from a facility or during the
transport and sale of live fish in retail markets.
Other more likely pathways that may aid the spread of existing
populations of silver carp include connected waterways, contamination
of pond-grown baitfishes with silver carp, ballast water release,
release or escape from livehaulers that support commercial fisheries,
or spread by commercial fishers themselves.
Wild silver carp are at risk of being spread when juveniles are
collected by cast net for use as live baitfish. Silver carp juveniles
are very similar in appearance to shad and anglers sometimes catch
young silver carp and use them as live bait. Release of live bait has
been identified as a source for more than 100 introductions of fishes
beyond their natural range in the United States. Although adult and
market-sized silver carp are fragile and do not survive collection and
transport well, fingerling silver carp are less susceptible to
mortality due to handling stress.
Other potential pathways for further introductions of silver carp
into the wild involve those associated with the sale of the species in
live food fish markets. Silver carp, caught as bycatch, may be sold as
fillets or to live fish markets. Another potential pathway is the
intentional release of silver carp through prayer release (the
ceremonial release of a fish in honor of the one that will be eaten).
Silver carp have survived, become established in river systems, and
have been reproducing in natural waters of the United States since at
least 1995. Because silver carp can occupy lakes, there is serious
concern that this species will further expand its range in the United
States beyond riverine environments and into lake environments
including the Great Lakes. In its native range, juveniles and adults
are found in lakes and reservoirs. Silver carp may be capable of
establishing reproducing populations in other major river systems, such
as the Potomac/Chesapeake, Columbia, and Sacramento/San Joaquin Delta.
Hybrids
Hybridization of silver carp with native fishes is not possible,
but hybridization has occurred between silver carp and bighead carp (H.
nobilis), a nonnative species also present in the Mississippi River
basin, and between silver carp and largescale silver carp (H.
harmandi). Hybridization may also be possible with grass carp.
Potential Effects on Native Species
Competition for food and habitat with other planktivorous fishes
and with post-larvae and early juveniles of most native fishes is
likely high. Since nearly all fishes are planktivorous as larvae and
juveniles, it is highly likely that silver carp will adversely affect
most native fishes in the Mississippi River and also the Great Lakes
basins, if established. Silver carp will most likely affect native
adults in the Mississippi River Basin, such as paddlefish (Polyodon
spathula), bigmouth buffalo (Ictiobus cyprinellus), gizzard shad
(Dorosoma cepedianum), the regionally abundant emerald shiner (Notropis
atherinoides), and threadfin shad (Dorosoma petenens), particularly in
waters where food may become limited.
Paddlefish, native to the Mississippi River Basin and Gulf of
Mexico river drainages from east Texas to Alabama, is a large river
fish that has declined in abundance in recent years because of
overharvest and habitat alteration. Like the silver carp, paddlefish
use plankton as its primary food source, so silver carp or hybrids
would directly compete with paddlefish for food throughout most of the
paddlefish's range. Other fish, such as the buffalos or shads, use both
plankton and aquatic invertebrates as food. While these fishes are
currently more common than paddlefish, they may be at risk if silver
carp or silver x largescale silver carp hybrids or silver x bighead
hybrids are able to establish and reduce plankton. Gizzard shad are a
primary forage base for predacious fishes and important to the ecology
of Midwestern rivers; thus, the potential
[[Page 52310]]
competition with silver carp in these waters is cause for concern.
If silver carp negatively affect important planktivorous forage
fishes such as the gizzard shad and emerald shiner, fishes and birds
that prey on these species would likely also be negatively affected.
Adult silver carp are too large to be preyed on by almost any native
predator. Young silver carp have likely been incorporated into the
diets of piscivorous birds and fishes to some degree, but the extent of
this predation is not known. Ecosystem balance is likely to be modified
if silver carp populations become large enough to dominate other
planktivorous fish species. Silver carp will likely have major effects
on nutrient cycling and may have adverse effects on primary
productivity, which could alter food webs and ultimately alter nutrient
and energy cycling in aquatic communities. The most likely negative
effect would be an alteration of fish community structure through
competition for food. Fishes and mussels that are determined to be
candidates for listing under the Endangered Species Act would be at
risk.
Habitat Degradation
There is low risk of silver carp causing direct habitat degradation
and/or destruction, although the presence of silver carp is sometimes
associated with decreased water clarity, which may also impact benthic
chemistry and community structure. The effect of these fishes on
nutrients, sediment re-suspension (which can stimulate plankton
growth), and decreasing dissolved oxygen varies. Excrement from silver
carp (which can equal their body weight in 10 days) has organically
enriched lake bottoms and altered the benthic macroinvertebrate
community structure. Once established, these fish are likely to cause
shifts in the food web and compete with other zooplanktivorous fishes
and fish larvae for food. Changes in the community structure towards
smaller size plankton may have negative effects on fishes native to the
United States that subsist on larger zooplankton.
Potential Pathogens
Many species of parasites and bacterial diseases occur in silver
carp. The only viral disease agent of silver carp found in the
literature is Rhabdovirus carpio, the causative agent for spring
viraemia of carp (SVC), a systemic, acute, and highly contagious
infection commonly occurring in the spring when water temperatures are
below 18 [deg]C. Silver carp are susceptible to many diseases caused by
parasitic protozoans and trematodes and several crustaceans have also
been reported from silver carp.
Although there have been studies of disease-causing agents of
silver carp, none have dealt with transfer of these pathogens to native
fishes of the United States. Two parasites are a potential threat to
native North American fishes, including cyprinids: Gill-damaging
Lernaea cyprinacea, known as anchorworm (this parasite is also known to
affect salmonids and eels), and Bothriocephalus acheilognathi, known as
Asian carp tapeworm. The Asian carp tapeworm has infected native fishes
of concern in five States: Arizona, Colorado, Nevada, New Mexico, and
Utah. Silver carp are hosts of this parasite, but suffer minimal
adverse effects from it. As hosts of this tapeworm, silver carp have
the potential to spread it to native fishes beyond the five states
listed above. This is a parasite that erodes mucus membranes and
intestinal tissues, often leading to death of the host.
Some disease-causing agents harbored by silver carp pose health
risks to humans. The psychotropic pathogen Listeria monocytogenes has
been found in market and fish farm samples of silver carp. Clostridium
botulinum was found in 1.1% of fresh and smoked samples of silver carp
from the Mazandaran Province in Iran. The toxigenic fungi Aspergillus
flavus, Alternaria, Penicillium, and Fusarium were found from silver
carp and from pond water in which they were raised at a fish farm in
northern Iran. In addition, live Salmonella spp. can be found in silver
carp for at least 14 days after transfer to clean water and silver
carp, therefore, should be considered as a potential carrier for
Salmonella (S. typhimumium).
Potential Impacts to Threatened and Endangered Wildlife
Adverse effects of silver carp on selected threatened and
endangered freshwater mussels and fishes is likely to be moderate to
high. There are currently 116 fishes and 70 mussels on the Federal List
of Endangered and Threatened Wildlife. Based on habitat requirements,
it appears that 40 fishes and 25 mussels currently on the list would
likely be impacted by the introduction and establishment of silver
carp. Habitat requirements, springs and small streams, of the remaining
listed fishes and mussels would probably preclude any detectable
effects as it is unlikely that silver carp could survive in such small
bodies of water.
Adverse effects of established populations of silver carp on
endangered and threatened fishes and mussels would vary between the two
groups. Adverse effects to fishes would most likely be through direct
competition for food resources, particularly phytoplankton and, to a
lesser extent, zooplankton, in the water column during the larval
stage. Potential for direct predation and injury of drifting fertilized
eggs and larvae of native fishes also exists. Mussels are also filter
feeders but live partly or totally buried in the substrate. Their
association with the benthic environment means that they would be less
likely to be affected by filter-feeding silver carp. Nevertheless,
changes in the fish community structure caused by silver carp are
likely to have adverse effects on abundance and availability of host
fishes required for mussel reproduction. Nutrient levels are a concern
because there is evidence of overloading of nutrients in waters where
silver carp have been introduced. Silver carp may consume too much of
the food in the water and compete with native species for food.
Excrement from silver carp has been found to increase levels of certain
nutrients, some which cannot be consumed by other animals in the
digested form or may be harmful, which may lead to a net decrease in
food resources available.
The likelihood that silver carp would have adverse effects on
designated critical habitats of threatened and endangered species is
significant. There are currently 60 species of fishes and 18 mussels
with designated critical habitat. Of the fishes and mussels with
critical habitat, at least 26 inhabit lakes or reaches of streams large
enough to support silver carp.
In some habitats, silver carp can develop extremely large
populations that would likely further imperil native fishes not
currently on the Federal List of Endangered and Threatened Wildlife.
Large populations of silver carp are likely to alter the native fish
community structure, resulting in decline of native mussels since many
rely on native host fishes for reproduction. The fact that silver carp
can become extremely abundant and reach a very large size (> 1 m in
length) in rivers, lakes, and reservoirs increases the probability of a
negative impact on aquatic ecosystems they invade.
Potential Control
Due to the extensive established range of silver carp in the
Mississippi River Basin, conventional control methods are not feasible
to reduce established populations. The damage to ancillary fisheries
resources through control measures would be substantial. Netting
[[Page 52311]]
and electrofishing may be effective in reducing populations, but many
non-target fish species would also be killed where such control
measures are used. Selective removal of silver carp is possible given
their location in the water column, but water trawling could also
remove other non-target fish such as paddlefish.
Use of chemical treatments, such as rotenone, would be expensive,
only locally effective, and would negatively affect all fishes and
invertebrates, not just the target carp. Chemical treatment of the
Mississippi River and other large rivers in the United States to
control silver carp is not feasible, either logistically or
economically, and would have a low likelihood of success. Even most
nonlethal methods to prevent the spread of silver carp, such as
electrical barriers or acoustic, physical, or bubble barriers, would
negatively affect migratory native fishes. This effect might be
minimized, if somewhat species-specific sonic barriers were developed.
Treatment of ballast water in vessels moving from waters containing
reproductive populations of silver carp to waters devoid of these
fishes may become necessary. At present, there is no method known to
substantially reduce established populations of silver carp. On the
basis of presently available technology, eradication is not possible.
Impacts to Humans
Silver carp in the United States cause substantial impacts to the
health and welfare of human beings that use waterways infested with
silver carp. There are numerous reports of injuries to human beings and
damage to boats and boating equipment because of the jumping habits of
silver carp in the vicinity of moving motorized watercraft. Some
reported injuries include cuts from fins, black eyes, broken bones,
back injuries, and concussions. Silver carp also cause property damage
including broken radios, depth finders, fishing equipment, and
antennae. Some vessels have been fitted with a Plexiglas pilot's cab as
protection against jumping silver carp.
Factors That Reduce or Remove Injuriousness for Silver Carp
Control
The large and growing range of silver carp in U.S. waterways makes
chemical control of established populations highly unlikely, both
physically and fiscally. Some control might be possible with massive
fishing efforts. Justifying the expense of such efforts would require a
large commercial demand, which does not currently exist, nor is likely
given the jumping behavior of silver carp which makes fishing
difficult.
The ability to control spread of established populations depends on
their access to open waterways and riverine habitat to spawn. Barriers
may help control the spread of silver carp from the Mississippi River
basin into the Great Lakes or other waterbodies. However, there are
still several pathways by which silver carp from established
populations in the Mississippi River Basin might be moved to new
waterbodies, such as the Potomac River or Columbia River, and have the
potential to become established.
Recovery of Disturbed Sites
Because the ability to eradicate this species is low, there is
little likelihood for rehabilitation or recovery of ecosystems
disturbed by this species. Additionally infested waterways allow
connections to unpopulated sites. Utilizing sterile silver carp would
do little to reduce or remove injuriousness as the present range of
establishment in the Mississippi River Basin is too extensive for this
option to reduce current silver carp populations in this area. The use
of daughterless fish technology (introducing sterile males to produce
unviable eggs) may reduce populations, but this would take many years
before it would reduce numbers of fish where they currently exist.
Research is being conducted on the use of pheromones to control carp,
but it is years from demonstrating effectiveness in natural waters and
mass production. These technologies might be useful to prevent
establishment of silver carp in new areas.
Potential Pathogens
The potential for silver carp to infect native fishes with
pathogens is largely unknown. Should such transfers prove viable, the
ability and effectiveness to control these transfers to native fishes
would be low. The Asian carp tapeworm, for which silver carp is a known
host, has demonstrated potential to jump to native species of several
orders in other nations and within U.S. waters.
Potential Ecological Benefits for Introduction
The ability of silver carp to effectively filter particles and
reliance on phytoplankton for much of its diet led to research into
their effectiveness as a biological control agent for phytoplankton in
wastewater systems and other ponds. There is conflicting data
concerning the benefit of using silver carp to control excess
nutrients. Regardless of their effect on increasing or decreasing
phytoplankton and zooplankton abundance, studies have consistently
shown that filter feeding by silver carp shifts the species composition
of these communities to smaller species. Silver carps' effectiveness
has also been shown to be greatly influenced by the design of the
facility.
Conclusion
Because silver carp are likely to spread from their current
established range to new waterbodies in the United States; are likely
to compete with native species for food and habitat; are likely to have
negative impacts on humans; are known to hybridize with bighead carp, a
nonnative species also established in the United States; and because it
would be difficult to eradicate, reduce large populations, or recover
ecosystems disturbed by the species, the Service finds silver carp to
be injurious to the interests of human beings and the wildlife and
wildlife resources of the United States.
Factors That Contribute to Injuriousness for Largescale Silver Carp
Potential Introduction and Spread
To our knowledge, the largescale silver carp has not been imported
into the United States. Its growth rate is greater than that of silver
carp, and the species reaches sexual maturity sooner than silver carp.
In culture situations, introduced silver carp hybridized with
largescale silver carp. The hybrids did not grow as quickly as
largescale silver carp but exceeded the growth rate of silver carp.
Largescale silver carp x silver carp hybrids were introduced in
Kazakhstan where they became established. The climate of Kazakhstan is
temperate; thus, largescale silver carp x silver carp hybrids are more
cold-tolerant than pure largescale silver carp. The faster growth rate
of these hybrids than pure silver carp and the increased palatability
of largescale silver carp compared to silver carp may conceivably
stimulate interest in culturing either the hybrids or pure largescale
silver carp in the United States. Because hybrids can tolerate
temperate climates, they have the potential to be cultured in many
southern States. Culture of pure largescale silver carp would probably
require subtropical/tropical conditions.
Escape from containment, as has happened with silver carp, would
provide a pathway for release of largescale silver carp into natural
[[Page 52312]]
waters. Should this fish or its hybrids be released into natural
waters, connected waterways would become a secondary pathway for
spread. Because of the morphological similarity between this species
and silver carp, stock contamination of silver carp by largescale
silver carp is possible if imported from regions with populations of H.
harmandi. Another possible introduction pathway, should largescale
silver carp or their hybrids be imported for culture, would be sale of
live individuals in food fish markets.
Likelihood of spread of largescale silver carp, should they be
introduced, would be high in subtropical/tropical waters of the United
States, but only where river flows are sufficient to support spawning.
Hybrid largescale silver carp x silver carp, however, would have high
potential to live in much of the temperate United States. Because
largescale silver carp can occupy reservoirs, they could also live in
lakes. The same is likely true for hybrids. Young largescale silver
carp or any hybrids captured by anglers for use as live bait would be a
pathway that could lead to numerous future introductions of these
species.
Hybrids
Hybridization with native fishes is not believed to be possible.
Largescale silver carp can hybridize with silver carp and possibly
bighead carp, both of which are present in U.S. waters. Hybrids of
largescale silver carp are known to have survived and became
established in Kazakhstan at a latitude of approximately 45 [deg]N, a
latitude that parallels the border between New York State and Ontario,
Canada. Therefore, it can be assumed that these hybrids would be
capable of surviving and probably establishing throughout much of the
United States where suitable waters exist.
Potential Effects on Native Species
Largescale silver carp consume primarily planktonic food sources.
It is unknown if largescale silver carp feed more heavily on
phytoplankton than zooplankton, but their hybrids with silver carp
would likely show a preference for phytoplankton. Largescale silver
carp and hybrids are highly likely to compete for food with other
planktivorous native fishes and with post-larvae and early juveniles of
most native fishes should they become established in the United States.
Fishes most likely to be affected are those species whose diet is
predominantly plankton including paddlefish (Polyodon spathula), native
to the Mississippi River Basin and Gulf of Mexico river drainages from
east Texas to Alabama, buffalos (Ictiobus spp.), or shads (Dorosoma
spp.). Given that these fish may already be competing with bighead and
silver carps in some areas, the presence of largescale silver carp
would increase food competition and increase the threat of negative
impacts to native species.
Potential for direct predation and injury of drifting fertilized
eggs and larvae of fishes exists. Mussels are also filter feeders but
live partly or totally buried in the substrate; they would be less
likely to be affected by filter-feeding largescale silver carp or their
hybrids. Largescale silver carp feed in the water column at night.
Nevertheless, changes in the fish community structure caused by
largescale silver carp or hybrids would likely have adverse effects on
abundance and availability of host fishes required for mussel
reproduction.
There are other possible, but less likely, effects that will
cascade through any aquatic ecosystem with an established population of
largescale silver carp or their hybrids. Nutrient levels are a concern
because there is evidence of overloading of nutrients in waters into
which silver carp have been introduced, and the same may apply to
largescale silver carp or their hybrids.
Habitat competition would likely be low unless populations become
significantly large. The potential of largescale silver and any hybrids
to cause habitat degradation and/or destruction is low as is possible
predation on native wildlife.
Additional adverse impacts on native wildlife, wildlife resources,
and ecosystem balance are likely few, except for fishes. Ecosystem
balance would likely be modified if populations of largescale silver
carp or their hybrids with silver carp become large enough to dominate
planktivorous fish species.
Because largescale silver carp may survive and become established
and compete with native fishes, there is no acceptable escape or
release threshold for largescale silver carp or their hybrids.
Potential Pathogens
The potential for largescale silver carp to transfer pathogens is
largely unknown. No detailed studies of disease-causing agents of
largescale silver carp have been found, but at least three trematode
parasites (Dactylogyrus harmandi, D. hypophthalmichthys, D.
chenthushenae) are known to infect largescale silver carp. Bighead,
silver, grass, and black carps are known to host the Asian carp
tapeworm (Bothriocephalus acheilognathi), but it is unknown whether
largescale silver carp host this species. Since largescale silver carp
are very similar to silver carp, they likely can host the Asian carp
tapeworm.
Potential Impacts to Threatened and Endangered Wildlife
Adverse effects of largescale silver carp on selected threatened
and endangered freshwater mussels and fishes would be expected to be
moderate to high. There are currently 116 fishes and 70 mussels on the
Federal List of Endangered and Threatened Wildlife. Based on habitat
requirements, it appears that 40 fishes and 25 mussels currently on the
endangered or threatened species list would likely be impacted by the
introduction and establishment of largescale silver carp. However, the
habitat requirements, springs and small streams, of the remaining
listed fishes and mussels would probably preclude any detectable
effects as it is unlikely that largescale silver carp or their hybrids
would survive in such small bodies of water.
It is highly likely that largescale silver carp and particularly
their hybrids with silver carp would have adverse effects on designated
critical habitats of threatened and endangered species. There are
currently 60 species of fishes and 18 mussels with designated critical
habitat. At least 26 fishes and mussels with critical habitat inhabit
lakes or reaches of streams large enough to support hybrids of
largescale silver carp and silver carp. Largescale silver carp and
their hybrids have the potential to alter food webs and ultimately
alter nutrient and energy cycling in aquatic communities. The most
likely effect would be an alteration of fish community structure
through competition for food. Fishes and mussels that are determined to
be candidates for listing under the Endangered Species Act would
likewise be at risk.
There is low likelihood that species may be placed in danger of
extinction as a result of the introduction or establishment of
largescale silver carp if only pure stock escaped and became
established in subtropical/tropical waters in the United States. Yet,
the potential exists for hybrids with silver carp to develop large
populations that could further imperil native fishes not currently on
the Federal List of Endangered and Threatened Wildlife. Large
populations of hybrids with silver carp would likely alter native fish
community structures, ultimately resulting in decline of native mussels
since many rely on native host fishes for reproduction. The fact that
hybrids have the potential to become abundant and
[[Page 52313]]
reach a very large size, > 1 m in length, in rivers, lakes, and
reservoirs, increases the probability of a negative impact on aquatic
ecosystems should largescale silver carp be introduced and become
established.
Potential Control
Due to the potential range of establishment of hybrid largescale
silver carp x silver carp in the United States, conventional control
methods would not be feasible. The damage to ancillary fisheries
resources through control measures would be substantial. Netting and
electrofishing might be effective in reducing local populations of
largescale silver carp, but they would also affect native fishes
present in the area where such control measures are used. Similarly,
use of chemical treatments would be expensive, only locally effective,
and would negatively affect all fishes and invertebrates. Even most
nonlethal methods to prevent the spread of largescale silver carp, such
as electrical barriers or bubble curtains, would negatively affect
migratory native fishes. At present, there is no method known to
substantially reduce populations of established fishes in U.S.
waterways. On the basis of presently available technology, eradication
would not be possible.
Potential Impacts to Humans
The potential impact on the health and welfare of humans from
largescale silver carp or any hybrids is unknown. If largescale silver
x silver hybrids display the jumping behavior of pure silver carp,
their potential to injure humans could be considerable. Impacts to
agriculture, horticulture or forestry from largescale silver carp or
hybrids are highly unlikely.
Factors That Reduce or Remove Injuriousness for Largescale Silver Carp
Detection and Response
If largescale silver carp were introduced into U.S. waters, it is
unlikely that the introduction would be discovered until the numbers
were high enough to impact wildlife and wildlife resources. Widespread
surveys of waterways are not conducted to establish species' presence
lists. Delay in discovery would limit the ability and effectiveness to
rapidly respond to the introduction and prevent establishment. It is
unlikely that hybrid largescale silver x silver carp could be
eradicated from U.S. waterways, should they be introduced, unless they
are found in unconnected waterbodies.
Control
If hybrid largescale silver x silver carp were to escape and become
established in natural waters, management of established populations
would be nearly impossible both physically and fiscally. Some control
might be possible with massive fishing efforts using nets, but this
would unlikely stem range expansion. There would have to be substantial
commercial demand to justify the expense of such efforts.
Chemicals or selective removal may be used to manage populations in
localized areas. However, selective removal of largescale silver carp
would be difficult because they remain in deeper waters during daylight
hours when such removal efforts would probably occur. If largescale
hybrids lack this behavior, then selective removal may be feasible in
specific situations. Pheromones may be a viable option to limit spread;
this possibility is under investigation for silver carp, and may have
applicability to largescale silver carp and any hybrids. However,
research into this control method is in early stages.
It would be difficult to control the spread of largescale silver
carp or any hybrids to new locations except, perhaps, by use of
electric, acoustic, physical and other types of barriers. At present,
there is no method known to substantially reduce populations of
introduced fishes in U.S. waterways. On the basis of presently
available technology, eradication would not be possible.
Although there is no evidence that this species has been introduced
or targeted for introduction into the United States, its affinities
with silver carp indicate that should it or its hybrids with silver
carp be introduced, abilities to eradicate, manage or control spread to
new locations would likely be low. Therefore, rehabilitation or
recovery of ecosystems disturbed by this species or its hybrids is
unlikely. Introduction of largescale silver carp or its hybrids has no
known potential ecological benefits.
Because no evidence exists that largescale silver carp have been
imported or released into U.S. waters, triploidy or induced sterility
could potentially reduce or eliminate injuriousness. Nevertheless,
these processes are likely to be costly, time-consuming, and not 100%
effective. Should this species be imported, it is likely that it would
be placed in culture with other Asian carps including silver carp, a
species with which the largescale silver carp can hybridize. Although
the largescale silver carp is not known to hybridize with bighead carp,
it is feasible because hybrids between silver and bighead carps are
known.
Recovery of Disturbed Sites
Although there is no evidence that this species has been introduced
or targeted for introduction into the U.S., its similarities with
silver carp indicate that should it or its hybrids with silver carp be
introduced, abilities to eradicate, manage or control spread to new
locations would likely be low. Therefore, there would be little
likelihood for rehabilitation or recovery of ecosystems disturbed by
this species or its hybrids.
Potential Pathogens
The potential for largescale silver carp or largescale silver x
silver carp hybrids to infect native fishes with pathogens is largely
unknown. Should such transfers prove viable, ability and effectiveness
to control the spread to native fishes would be low.
Potential Ecological Benefits for Introduction
There are no potential ecological benefits for introduction of
largescale silver carp or its hybrids.
Conclusion
Because largescale silver carp are likely to escape or be released
into the wild if imported to the United States; are likely to survive,
become established and spread if escaped or released; are likely to
compete with native species for food and habitat; have been shown to
hybridize with silver carp, a nonnative species already established in
the United States; hybrids with silver carp may display jumping
behavior that could injure humans; and because it would be difficult to
prevent, eradicate, reduce large populations, control spread to new
locations or recover ecosystems disturbed by the species, the Service
finds largescale silver carp to be injurious to the interests of human
beings and the wildlife and wildlife resources of the United States.
Required Determinations
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule contains information collection activity for special use
permits. The Fish and Wildlife Service has approval from the Office of
Management and Budget (OMB) to collect information under OMB control
number 1018-0093. This approval expires June 30, 2007. The Service may
not conduct or sponsor, and a person is not required to respond to, a
collection
[[Page 52314]]
of information unless it displays a currently valid OMB control number.
Regulatory Planning and Review
(a) In accordance with the criteria in Executive Order 12866, OMB
has designated this rule as a significant regulatory action.
This rule would not have an annual economic effect of $100 million
or more or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government.
Costs Incurred
Silver Carp
We expect this proposed rule to have minimal costs. Silver carp are
not cultured in the United States, nor do we believe that they are
imported or exported. Currently, there are some commercial fisheries
for silver carp in the Mississippi, Missouri, and Illinois rivers.
Usually, commercial fishermen are catching silver carp as bycatch,
which can account for up to 50 percent of the catch. Silver carp are
not favorable because of their jumping habits and because they are less
desirable by the consumer. In Missouri, many of the fishermen do not
primarily target Asian carp (bighead and silver carp) because the price
received is low ($0.10-$0.15 per pound). Instead, they fish for bighead
and silver carp when other species or opportunities ar