Revision of Regulations Implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Import and Export of Sturgeon Caviar, 41022-41025 [E8-16198]
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Proposed Rules
ensure the long-term persistence of the
species.
We continue to consider OHV activity
the primary threat to Astragalus
magdalenae var. peirsonii.
Documentation available attests to
historical and ongoing OHV impacts to
the species (WESTEC 1977, pp. 1–135;
ECOS 1990, pp. 1–85; Willoughby 2000,
pp. 1–37, 2001, pp. 1–31, 2004, pp. 1–
20, 2005, pp. 1–; Phillips et al. 2001, pp.
1–13; Phillips and Kennedy 2003, pp.
1–21; Groom et al. 2007, pp. 119–134;
USFWS 2006b, pp. 1–9, and 2007, pp.
1–36). Areas within the dunes subject to
intensive OHV use (e.g., staging areas)
have a lower abundance of A.
magdalenae var. peirsonii. Longer-term
monitoring indicates that plants
exposed to OHV activity have a reduced
likelihood of survival (e.g., Groom et al.
2007, pp. 128–130). Available
information suggests that within the
foreseeable future OHV use will
continue to increase and pose a threat
to the survival of A. magdalenae var.
peirsonii, and we can reliably predict
that the impacts of continued and
increasing levels of OHV use anticipated
to occur, particularly if A. magdalenae
var. peirsonii is no longer listed, would
likely result in a downward trend in the
population until A. magdalenae var.
peirsonii is in danger of extinction.
Secondary threats to A. magdalenae var.
peirsonii include rodent and insect
herbivory, seed predation, and effects of
fragmentation and environmental
stochasticity/catastrophes, all which
may be exacerbated by the low
reproduction of A. magdalenae var.
peirsonii.
While the North Algodones Dunes
Wilderness will continue to be closed to
OHV use, this area alone is not
sufficient to ensure the long-term
survival of Astragalus magdalenae var.
peirsonii because it provides only a
small percentage of the entire habitat for
this species within the Algodones
Dunes and the area provides less
available habitat for this plant relative to
the areas south of State Route 78 that
have in the past or may in the future be
open to OHV use. Based on the 2005
population estimates derived by the
BLM, less than 9 percent of the A.
magdalenae var. peirsonii population in
the United States occurs within the
Wilderness. The distribution of A.
magdalenae var. peirsonii from pre2003 surveys indicates a higher relative
abundance of plants in the central
dunes south of State Route 78 and more
recent surveys confirm this observation.
Thus, the Wilderness alone is not
sufficient to sustain this species because
it does not provide sufficient habitat
and habitat quality to ensure the long-
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term survival of this species, and the
long-term viability of the species within
the Wilderness is dependent upon the
remainder of the range remaining viable.
Thus, although direct impacts from
OHV use are minimal within the
Wilderness, the overall impacts to A.
magdalenae var. peirsonii within the
Wilderness that may result from the
combined threats discussed above
(including indirect effects of OHV use)
are essentially equal to those present
throughout the rest of the species’ range.
Applying the process described above
under ‘‘Significant Portion of the Range
Analysis’’ for determining whether a
species is threatened or endangered in
a significant portion of its range, we
next address whether any portions of
the range of Astragalus magdalenae var.
peirsonii warrant further consideration.
As explained above, we have
determined that A. magdalenae var.
peirsonii remains threatened throughout
all of its range due to the direct
mortality, reduced survival, and/or
reduced reproductive success that we
predict would result from the effects of
the identified threats analyzed in the
five-factor analysis. We do not have any
data suggesting that the identified
threats to the species are concentrated
in any portion of the range such that A.
magdalenae var. peirsonii may be in
danger of extinction in that portion.
Therefore, we find that there are no
portions of the range that warrant
further consideration.
After a thorough review and
consideration of all information
available, we find that delisting
Astragalus magdalenae var. peirsonii is
not warranted at this time because the
plant continues to be at risk due to the
threats described above. We find that A.
magdalenae var. peirsonii remains
likely to become an endangered species
within the foreseeable future throughout
all of its range and should remain
classified as a threatened species. In
making this determination, we have
followed the procedures set forth in
section 4(a)(1) of the Act and regulations
implementing the listing provisions of
the Act (50 CFR part 424).
We will continue to monitor the
status of the species, and to accept
additional information and comments
from all concerned governmental
agencies, the scientific community,
industry, or any other interested party
concerning this finding.
References Cited
A complete list of all references cited
in this document is available upon
request from the Carlsbad Fish and
Wildlife Office (see ADDRESSES).
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Author
The primary author of this document
is Lloyd B. McKinney of the Carlsbad
Fish and Wildlife Office (see
ADDRESSES).
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 2, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8–16041 Filed 7–16–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
[FWS-R9-IA-2008-0003] [96000-1671-0000P5]
RIN 1018-AV70
Revision of Regulations Implementing
the Convention on International Trade
in Endangered Species of Wild Fauna
and Flora (CITES); Import and Export
of Sturgeon Caviar
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (FWS), propose to revise the
regulations that implement the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES) by incorporating certain
provisions related to international trade
in sturgeon caviar adopted at the
fourteenth meeting of the Conference of
the Parties (CoP14) to CITES. We
propose to reduce the quantity of caviar
that may be imported or exported under
the CITES personal effects exemption
and amend the requirements for import
of caviar from shared stocks subject to
quotas. These changes would bring U.S.
regulations in line with revisions
adopted by consensus at the most recent
meeting of the Conference of the Parties
to CITES (June 2007). The revised
regulations would help us more
effectively promote species
conservation, help us continue to fulfill
our responsibilities under the Treaty,
and help those affected by CITES to
understand how to conduct lawful
international trade in sturgeon caviar.
DATES: We will accept comments
received on or before August 18, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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• U.S. mail or hand-delivery: Public
Comments Processing, Attn: RIN 1018AV70; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, Suite
222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section at the end of
SUPPLEMENTARY INFORMATION for further
information about submitting
comments).
FOR FURTHER INFORMATION CONTACT:
pwalker on PROD1PC71 with PROPOSALS
Robert R. Gabel, Chief, Division of
Management Authority; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 212; Arlington, VA 22203
(telephone, (703) 358–2093; fax, (703)
358–2280).
SUPPLEMENTARY INFORMATION:
Background
CITES was negotiated in 1973 in
Washington, DC, at a conference
attended by delegations from 80
countries. The United States ratified the
Treaty on September 13, 1973, and it
entered into force on July 1, 1975, after
the required 10 countries had ratified it.
Currently 172 countries have ratified,
accepted, approved, or acceded to
CITES; these countries are known as
Parties.
Section 8A of the Endangered Species
Act, as amended in 1982 (16 U.S.C.
1531 et seq.), designates the Secretary of
the Interior as the U.S. Management
Authority and U.S. Scientific Authority
for CITES. These authorities have been
delegated to the Fish and Wildlife
Service. The original U.S. regulations
implementing CITES took effect on May
23, 1977 (42 FR 10465, February 22,
1977), after the first meeting of the
Conference of the Parties (CoP) was
held. The CoP meets every 2 to 3 years
to vote on proposed resolutions and
decisions that interpret and implement
the text of the Treaty and on
amendments to the listing of species in
the CITES Appendices. The current U.S.
CITES regulations took effect on
September 24, 2007, and incorporate
provisions from applicable resolutions
and decisions adopted at meetings of
the Conference of the Parties up to and
including the thirteenth meeting
(CoP13), which took place in 2004.
Article VII(3) of the Treaty provides
for the import, export, or re-export of
specimens that are personal or
household effects (see the definitions in
§ 23.5) without CITES documents under
specific circumstances. For some
species, including sturgeon and
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paddlefish (Acipenseriformes), the
Parties have established limits on the
quantity of certain specimens that may
be transported as personal and
household effects. At CoP14, in June
2007, the Parties agreed to reduce the
quantity of sturgeon or paddlefish caviar
that may be imported or exported under
the personal effects exemption from 250
grams to 125 grams (see Resolution
Conf. 12.7 (Rev. CoP14) and Resolution
Conf. 13.7 (Rev. CoP14)). This change
was originally recommended by the
International Sturgeon Enforcement
Workshop to Combat Illegal Trade in
Caviar (Brussels, 2006) and was
endorsed by the United States and
adopted by consensus at CoP14. We
propose to amend 50 CFR 23.15(c)(3)(i)
to incorporate this change.
The Parties also agreed to a new
quota-setting process for caviar from
shared stocks, including a change in the
quota year so that it will coincide with
the harvest season rather than the
calendar year. Previously, under
Resolution Conf. 12.7 (Rev. CoP13),
‘‘Conservation of and trade in sturgeons
and paddlefish,’’ caviar from shared
stocks subject to quotas (i.e., the Black
Sea, Caspian Sea, and Amur River
basins) had to be exported by the end
of the calendar year in which it was
harvested and processed. At CoP14, the
Parties agreed that, from 2008 onward,
the quota year will begin on the first of
March and end on the last day of
February of the following year. Exports
of caviar from shared stocks subject to
quotas must take place during the quota
year in which the caviar is harvested
and processed.
In addition, the sturgeon resolution
was amended to specifically state that
quotas must not be detrimental to the
survival of the species in the wild and
to remove the requirement that the
Secretariat must confirm that the quotas
have been agreed to by all relevant
countries (see Resolution Conf. 12.7
(Rev. CoP14)). These changes were
adopted by consensus at CoP14. We
propose to amend 50 CFR 23.71(d) to
reflect the relevant changes to the quotasetting process for caviar from shared
stocks.
Elsewhere in today’s Federal Register,
we have published a direct final rule to
promulgate the same regulatory changes
to 50 CFR part 23 as proposed here. We
published the direct final rule because
these changes are non-controversial and
we anticipate no significant adverse
public comment. Therefore we had good
cause to find that standard notice and
public comment procedures would be
unnecessary and contrary to the public
interest. If we receive no significant
adverse comments regarding these
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amendments on or before the comment
due date specified in the DATES section
of this document and the direct final
rule, then these changes will become
effective on the effective date specified
in the DATES section of the direct final
rule, and we will take no further action
on this proposed rule. If we do receive
significant adverse comments, then this
proposed rule initiates the normal
notice-and-comment rulemaking
process.
Required Determinations
Regulatory Planning and Review: This
is not a significant regulatory action
under Executive Order 12866 and
therefore was not reviewed by the Office
of Management and Budget (OMB).
a. This proposed rule would not have
an annual economic effect of $100
million or more or adversely affect a
part of the economy, productivity, jobs,
the environment, or other units of
government. This proposed rule reduces
the quantity of sturgeon or paddlefish
caviar that an individual may import or
export under the personal effects
exemption (i.e., without a CITES
document) from 250 grams to 125
grams. The personal effects exemption
applies only to specimens for personal
use that are hand-carried or checked as
personal baggage on the same boat,
plane, etc., as the traveler. This
proposed rule also informs the public of
a change in the quota-setting process
and timeframe for export of caviar from
shared stocks (i.e., the Black Sea,
Caspian Sea, and Amur River basins).
Publication of this proposed rule would
assist U.S. businesses in complying with
CITES requirements when engaging in
international trade in sturgeon and
paddlefish caviar.
We do not expect that this proposed
rule would have a significant effect on
the volume or dollar value of sturgeon
or paddlefish caviar imported, exported,
or re-exported to and from the United
States. There is no indication that this
proposed rule would result in
statistically significant higher or lower
levels of trade, permit applications, or
permit issuance or denial. An economic
analysis is not necessary for this
proposed rule as it would not have an
economic impact on large or small
entities.
b. This proposed rule would not
create inconsistencies with other
agencies’ actions. As the lead agency for
implementing CITES in the United
States, we are responsible for
monitoring imports and exports of
CITES wildlife and plants, including
their parts, products, and derivatives,
and issuing import and export
documents under CITES.
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c. This proposed rule would not
materially affect entitlements, grants,
user fees, loan programs, or the rights
and obligations of their recipients.
d. This proposed rule would not raise
novel legal or policy issues. As a Party
to CITES, the United States is
committed to fully and effectively
implementing the Convention. All
sturgeon and paddlefish
(Acipenseriformes) are listed under
CITES. This proposed rule informs
individuals and businesses of
provisions adopted at the most recent
CoP for international trade in sturgeon
and paddlefish caviar.
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 is
required to publish 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
impact on a substantial number of small
entities.
The U.S. Small Business
Administration (SBA) defines a small
business as one with annual revenue or
employment that meets or is below an
established size standard. We expect
that the majority of the entities involved
with international caviar trade would be
considered small as defined by the SBA.
The declared value for U.S.
international trade in sturgeon and
paddlefish caviar was $13.4 million in
2005 and $13.7 million in 2006.
This proposed rule creates no
substantial fee or paperwork changes in
the permitting process. The regulatory
changes are not major in scope and
would create only a modest financial or
paperwork burden on the affected
members of the general public.
This proposed rule would benefit
businesses engaged in international
caviar trade by providing updated
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regulations for the international trade of
CITES specimens. We do not expect
these benefits to be significant under the
Regulatory Flexibility Act. The
authority to enforce CITES requirements
already exists under the Endangered
Species Act and is carried out by
regulations contained in 50 CFR part 23.
The requirements that must be met to
import, export, and re-export CITES
species are based on the text of CITES,
which has been in effect in the United
States since 1975.
We therefore certify that this
proposed 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.). A Regulatory
Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance
Guide is not required.
Small Business Regulatory
Enforcement Fairness Act: This
proposed rule is not a major rule under
5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Would not have an annual effect on
the economy of $100 million or more.
This proposed rule provides the
importing and exporting community in
the United States with updated
regulations implementing CITES. This
proposed rule would not have a
negative effect on this part of the
economy. It would affect all caviar
importers, exporters, and re-exporters
equally, and the benefits of having
updated guidance on complying with
CITES requirements would be evenly
spread among all businesses, whether
large or small. There is not a
disproportionate share of benefits for
small or large businesses.
b. Would not cause a major increase
in costs or prices for consumers;
individual industries; Federal, State,
tribal, or local government agencies; or
geographic regions. This proposed rule
may result in a small increase in the
number of applications for import/
export of caviar for personal use. Under
the proposed rule, a CITES document
would be required for any amount of
caviar over 125g (a reduction from the
250g currently allowed without a permit
under the personal effects exemption).
c. Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This proposed rule would assist U.S.
businesses and individuals traveling
abroad in ensuring that they are meeting
all current CITES requirements, thereby
decreasing the possibility that
shipments may be delayed or even
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seized in another country that has
implemented CITES resolutions not yet
incorporated into U.S. regulations.
Unfunded Mandates Reform Act:
Under the Unfunded Mandates Reform
Act (2 U.S.C. 1501, et seq.):
a. This proposed rule would not
significantly or uniquely affect small
governments. A Small Government
Agency Plan is not required. As the lead
agency for implementing CITES in the
United States, we are responsible for
monitoring import and export of CITES
wildlife and plants, including their
parts, products, and derivatives, and
issuing import and export documents
under CITES. The structure of the
program imposes no unfunded
mandates. Therefore, this proposed rule
would have no effect on small
governments’ responsibilities.
b. This proposed rule would not
produce a Federal requirement of $100
million or greater in any year and is not
a ‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Takings: Under Executive Order
12630, this proposed rule does not have
significant takings implications. A
takings implication assessment is not
required. This proposed rule is not
considered to have takings implications
because it would not further restrict the
import, export, or re-export of CITES
specimens. Import, export, and reexport of caviar in amounts greater than
125 grams will still be allowed with the
appropriate CITES documents. The
proposed rule would update the
regulations for the import, export, and
re-export of CITES specimens, which
would assist the importing and
exporting community in conducting
international trade in CITES specimens.
Federalism: These proposed revisions
to part 23 do not contain significant
Federalism implications. A Federalism
Assessment under Executive Order
13132 is not required.
Civil Justice Reform: Under Executive
Order 12988, the Office of the Solicitor
has determined that this proposed rule
does not unduly burden the judicial
system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act: This
proposed rule does not contain any new
information collections or
recordkeeping requirements for which
OMB approval is required under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not
conduct or sponsor and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
(NEPA): The FWS has determined that
this proposed rule is categorically
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pwalker on PROD1PC71 with PROPOSALS
excluded from further NEPA review as
provided by 516 DM 2, Appendix 1.9,
of the Department of the Interior
National Environmental Policy Act
Revised Implementing Procedures (69
FR 10866, March 8, 2004). No further
documentation will be made.
Government-to-Government
Relationship with Tribes: Under the
President’s memorandum of April 29,
1994, ‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951) and 512
DM 2, we have evaluated possible
effects on federally recognized Indian
Tribes and have determined that there
are no effects. Individual tribal members
must meet the same regulatory
requirements as other individuals who
trade internationally in CITES species.
Energy Supply, Distribution or Use:
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, and use. This proposed
rule would revise the current
regulations in 50 CFR part 23 that
implement CITES. The regulations
provide procedures to assist individuals
and businesses that import, export, and
re-export CITES wildlife and plants, and
their parts, products, and derivatives, to
meet international requirements. This
proposed rule would not significantly
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 this regulation: We are
required by Executive Orders 12866 and
12988 and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
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of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Public Comments
List of Subjects in 50 CFR Part 23
Animals, Endangered and threatened
species, Exports, Fish, Foreign officials,
Foreign trade, Imports, Reporting and
recordkeeping requirements,
Transportation, Treaties, Wildlife.
Proposed Regulation Promulgation
For the reasons given in the preamble,
we propose to amend title 50, chapter I,
subchapter B of the CFR as follows:
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PART 23 – [AMENDED]
1. The authority citation for part 23
continues to read as follows:
Authority: Convention on International
Trade in Endangered Species of Wild Fauna
and Flora (March 3, 1973), 27 U.S.T. 1087;
and Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 et seq.
§ 23.15
We are seeking comments on whether
the provisions in this proposed rule
allow the affected public to effectively
comply with CITES. You may submit
your comments and materials
concerning this proposed rule by one of
the methods listed in the ADDRESSES
section. We will not accept comments
sent by e-mail or fax or to an address not
listed in the ADDRESSES section.
We will post your entire comment—
including your personal identifying
information-on https://
www.regulations.gov. If you provide
personal identifying information in your
written comments you may request at
the top of your document that we
withhold this information from public
review. However, we cannot guarantee
that we will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service; Division of Management
Authority; 4401 N. Fairfax Drive, Suite
212; Arlington, VA 22203; telephone,
(703) 358-2093.
Sfmt 4702
41025
[Amended]
2. Amend § 23.15 (c)(3)(i), the first
entry in the table, by removing the
words ‘‘250 gm’’ in the Quantity column
and by adding in their place the words
‘‘125 gm.’’
3. Amend § 23.71(d) by removing
paragraph (d)(4) and revising paragraphs
(d)(1), (d)(2), and (d)(3) to read as
follows:
§ 23.71 How can I trade internationally in
sturgeon caviar?
*
*
*
*
*
(d) * * *
(1) The relevant countries have
established annual export quotas for the
shared stocks that were derived from
catch quotas agreed among the
countries. The quotas are based on an
appropriate regional conservation
strategy and monitoring regime and are
not detrimental to the survival of the
species in the wild.
(2) The quotas have been
communicated to the CITES Secretariat
and the Secretariat has communicated
the annual export quotas to CITES
Parties.
(3) The caviar is exported during the
quota year (March 1 – last day of
February) in which it was harvested and
processed.
*
*
*
*
*
Dated: June 5, 2008
David M. Verhey
Acting Assistant Secretary for Fish and
Wildlife and Parks
[FR Doc. E8–16198 Filed 7–16–08; 8:45 am]
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]]>Agencies
[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Proposed Rules]
[Pages 41022-41025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16198]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
[FWS-R9-IA-2008-0003] [96000-1671-0000-P5]
RIN 1018-AV70
Revision of Regulations Implementing the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES); Import and Export of Sturgeon Caviar
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the Fish and Wildlife Service (FWS), propose to revise the
regulations that implement the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) by incorporating
certain provisions related to international trade in sturgeon caviar
adopted at the fourteenth meeting of the Conference of the Parties
(CoP14) to CITES. We propose to reduce the quantity of caviar that may
be imported or exported under the CITES personal effects exemption and
amend the requirements for import of caviar from shared stocks subject
to quotas. These changes would bring U.S. regulations in line with
revisions adopted by consensus at the most recent meeting of the
Conference of the Parties to CITES (June 2007). The revised regulations
would help us more effectively promote species conservation, help us
continue to fulfill our responsibilities under the Treaty, and help
those affected by CITES to understand how to conduct lawful
international trade in sturgeon caviar.
DATES: We will accept comments received on or before August 18, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
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U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AV70; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on
https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section at
the end of SUPPLEMENTARY INFORMATION for further information about
submitting comments).
FOR FURTHER INFORMATION CONTACT: Robert R. Gabel, Chief, Division of
Management Authority; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, Suite 212; Arlington, VA 22203 (telephone, (703) 358-2093; fax,
(703) 358-2280).
SUPPLEMENTARY INFORMATION:
Background
CITES was negotiated in 1973 in Washington, DC, at a conference
attended by delegations from 80 countries. The United States ratified
the Treaty on September 13, 1973, and it entered into force on July 1,
1975, after the required 10 countries had ratified it. Currently 172
countries have ratified, accepted, approved, or acceded to CITES; these
countries are known as Parties.
Section 8A of the Endangered Species Act, as amended in 1982 (16
U.S.C. 1531 et seq.), designates the Secretary of the Interior as the
U.S. Management Authority and U.S. Scientific Authority for CITES.
These authorities have been delegated to the Fish and Wildlife Service.
The original U.S. regulations implementing CITES took effect on May 23,
1977 (42 FR 10465, February 22, 1977), after the first meeting of the
Conference of the Parties (CoP) was held. The CoP meets every 2 to 3
years to vote on proposed resolutions and decisions that interpret and
implement the text of the Treaty and on amendments to the listing of
species in the CITES Appendices. The current U.S. CITES regulations
took effect on September 24, 2007, and incorporate provisions from
applicable resolutions and decisions adopted at meetings of the
Conference of the Parties up to and including the thirteenth meeting
(CoP13), which took place in 2004.
Article VII(3) of the Treaty provides for the import, export, or
re-export of specimens that are personal or household effects (see the
definitions in Sec. 23.5) without CITES documents under specific
circumstances. For some species, including sturgeon and paddlefish
(Acipenseriformes), the Parties have established limits on the quantity
of certain specimens that may be transported as personal and household
effects. At CoP14, in June 2007, the Parties agreed to reduce the
quantity of sturgeon or paddlefish caviar that may be imported or
exported under the personal effects exemption from 250 grams to 125
grams (see Resolution Conf. 12.7 (Rev. CoP14) and Resolution Conf. 13.7
(Rev. CoP14)). This change was originally recommended by the
International Sturgeon Enforcement Workshop to Combat Illegal Trade in
Caviar (Brussels, 2006) and was endorsed by the United States and
adopted by consensus at CoP14. We propose to amend 50 CFR
23.15(c)(3)(i) to incorporate this change.
The Parties also agreed to a new quota-setting process for caviar
from shared stocks, including a change in the quota year so that it
will coincide with the harvest season rather than the calendar year.
Previously, under Resolution Conf. 12.7 (Rev. CoP13), ``Conservation of
and trade in sturgeons and paddlefish,'' caviar from shared stocks
subject to quotas (i.e., the Black Sea, Caspian Sea, and Amur River
basins) had to be exported by the end of the calendar year in which it
was harvested and processed. At CoP14, the Parties agreed that, from
2008 onward, the quota year will begin on the first of March and end on
the last day of February of the following year. Exports of caviar from
shared stocks subject to quotas must take place during the quota year
in which the caviar is harvested and processed.
In addition, the sturgeon resolution was amended to specifically
state that quotas must not be detrimental to the survival of the
species in the wild and to remove the requirement that the Secretariat
must confirm that the quotas have been agreed to by all relevant
countries (see Resolution Conf. 12.7 (Rev. CoP14)). These changes were
adopted by consensus at CoP14. We propose to amend 50 CFR 23.71(d) to
reflect the relevant changes to the quota-setting process for caviar
from shared stocks.
Elsewhere in today's Federal Register, we have published a direct
final rule to promulgate the same regulatory changes to 50 CFR part 23
as proposed here. We published the direct final rule because these
changes are non-controversial and we anticipate no significant adverse
public comment. Therefore we had good cause to find that standard
notice and public comment procedures would be unnecessary and contrary
to the public interest. If we receive no significant adverse comments
regarding these amendments on or before the comment due date specified
in the DATES section of this document and the direct final rule, then
these changes will become effective on the effective date specified in
the DATES section of the direct final rule, and we will take no further
action on this proposed rule. If we do receive significant adverse
comments, then this proposed rule initiates the normal notice-and-
comment rulemaking process.
Required Determinations
Regulatory Planning and Review: This is not a significant
regulatory action under Executive Order 12866 and therefore was not
reviewed by the Office of Management and Budget (OMB).
a. This proposed rule would not have an annual economic effect of
$100 million or more or adversely affect a part of the economy,
productivity, jobs, the environment, or other units of government. This
proposed rule reduces the quantity of sturgeon or paddlefish caviar
that an individual may import or export under the personal effects
exemption (i.e., without a CITES document) from 250 grams to 125 grams.
The personal effects exemption applies only to specimens for personal
use that are hand-carried or checked as personal baggage on the same
boat, plane, etc., as the traveler. This proposed rule also informs the
public of a change in the quota-setting process and timeframe for
export of caviar from shared stocks (i.e., the Black Sea, Caspian Sea,
and Amur River basins). Publication of this proposed rule would assist
U.S. businesses in complying with CITES requirements when engaging in
international trade in sturgeon and paddlefish caviar.
We do not expect that this proposed rule would have a significant
effect on the volume or dollar value of sturgeon or paddlefish caviar
imported, exported, or re-exported to and from the United States. There
is no indication that this proposed rule would result in statistically
significant higher or lower levels of trade, permit applications, or
permit issuance or denial. An economic analysis is not necessary for
this proposed rule as it would not have an economic impact on large or
small entities.
b. This proposed rule would not create inconsistencies with other
agencies' actions. As the lead agency for implementing CITES in the
United States, we are responsible for monitoring imports and exports of
CITES wildlife and plants, including their parts, products, and
derivatives, and issuing import and export documents under CITES.
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c. This proposed rule would not materially affect entitlements,
grants, user fees, loan programs, or the rights and obligations of
their recipients.
d. This proposed rule would not raise novel legal or policy issues.
As a Party to CITES, the United States is committed to fully and
effectively implementing the Convention. All sturgeon and paddlefish
(Acipenseriformes) are listed under CITES. This proposed rule informs
individuals and businesses of provisions adopted at the most recent CoP
for international trade in sturgeon and paddlefish caviar.
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 is required to publish 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 impact on
a substantial number of small entities.
The U.S. Small Business Administration (SBA) defines a small
business as one with annual revenue or employment that meets or is
below an established size standard. We expect that the majority of the
entities involved with international caviar trade would be considered
small as defined by the SBA. The declared value for U.S. international
trade in sturgeon and paddlefish caviar was $13.4 million in 2005 and
$13.7 million in 2006.
This proposed rule creates no substantial fee or paperwork changes
in the permitting process. The regulatory changes are not major in
scope and would create only a modest financial or paperwork burden on
the affected members of the general public.
This proposed rule would benefit businesses engaged in
international caviar trade by providing updated regulations for the
international trade of CITES specimens. We do not expect these benefits
to be significant under the Regulatory Flexibility Act. The authority
to enforce CITES requirements already exists under the Endangered
Species Act and is carried out by regulations contained in 50 CFR part
23. The requirements that must be met to import, export, and re-export
CITES species are based on the text of CITES, which has been in effect
in the United States since 1975.
We therefore certify that this proposed 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.).
A Regulatory Flexibility Analysis is not required. Accordingly, a Small
Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act: This proposed
rule is not a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. This rule:
a. Would not have an annual effect on the economy of $100 million
or more. This proposed rule provides the importing and exporting
community in the United States with updated regulations implementing
CITES. This proposed rule would not have a negative effect on this part
of the economy. It would affect all caviar importers, exporters, and
re-exporters equally, and the benefits of having updated guidance on
complying with CITES requirements would be evenly spread among all
businesses, whether large or small. There is not a disproportionate
share of benefits for small or large businesses.
b. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, tribal, or local
government agencies; or geographic regions. This proposed rule may
result in a small increase in the number of applications for import/
export of caviar for personal use. Under the proposed rule, a CITES
document would be required for any amount of caviar over 125g (a
reduction from the 250g currently allowed without a permit under the
personal effects exemption).
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule would assist U.S. businesses and individuals traveling
abroad in ensuring that they are meeting all current CITES
requirements, thereby decreasing the possibility that shipments may be
delayed or even seized in another country that has implemented CITES
resolutions not yet incorporated into U.S. regulations.
Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform
Act (2 U.S.C. 1501, et seq.):
a. This proposed rule would not significantly or uniquely affect
small governments. A Small Government Agency Plan is not required. As
the lead agency for implementing CITES in the United States, we are
responsible for monitoring import and export of CITES wildlife and
plants, including their parts, products, and derivatives, and issuing
import and export documents under CITES. The structure of the program
imposes no unfunded mandates. Therefore, this proposed rule would have
no effect on small governments' responsibilities.
b. This proposed rule would not produce a Federal requirement of
$100 million or greater in any year and is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings: Under Executive Order 12630, this proposed rule does not
have significant takings implications. A takings implication assessment
is not required. This proposed rule is not considered to have takings
implications because it would not further restrict the import, export,
or re-export of CITES specimens. Import, export, and re-export of
caviar in amounts greater than 125 grams will still be allowed with the
appropriate CITES documents. The proposed rule would update the
regulations for the import, export, and re-export of CITES specimens,
which would assist the importing and exporting community in conducting
international trade in CITES specimens.
Federalism: These proposed revisions to part 23 do not contain
significant Federalism implications. A Federalism Assessment under
Executive Order 13132 is not required.
Civil Justice Reform: Under Executive Order 12988, the Office of
the Solicitor has determined that this proposed rule does not unduly
burden the judicial system and meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act: This proposed rule does not contain any
new information collections or recordkeeping requirements for which OMB
approval is required under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
National Environmental Policy Act (NEPA): The FWS has determined
that this proposed rule is categorically
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excluded from further NEPA review as provided by 516 DM 2, Appendix
1.9, of the Department of the Interior National Environmental Policy
Act Revised Implementing Procedures (69 FR 10866, March 8, 2004). No
further documentation will be made.
Government-to-Government Relationship with Tribes: Under the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22951) and
512 DM 2, we have evaluated possible effects on federally recognized
Indian Tribes and have determined that there are no effects. Individual
tribal members must meet the same regulatory requirements as other
individuals who trade internationally in CITES species.
Energy Supply, Distribution or Use: On May 18, 2001, the President
issued Executive Order 13211 on regulations that significantly affect
energy supply, distribution, and use. This proposed rule would revise
the current regulations in 50 CFR part 23 that implement CITES. The
regulations provide procedures to assist individuals and businesses
that import, export, and re-export CITES wildlife and plants, and their
parts, products, and derivatives, to meet international requirements.
This proposed rule would not significantly 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 this regulation: We are required by Executive Orders
12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to
write all rules in plain language. This means that each rule we publish
must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Public Comments
We are seeking comments on whether the provisions in this proposed
rule allow the affected public to effectively comply with CITES. You
may submit your comments and materials concerning this proposed rule by
one of the methods listed in the ADDRESSES section. We will not accept
comments sent by e-mail or fax or to an address not listed in the
ADDRESSES section.
We will post your entire comment--including your personal
identifying information-on https://www.regulations.gov. If you provide
personal identifying information in your written comments you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service; Division of Management Authority; 4401 N. Fairfax
Drive, Suite 212; Arlington, VA 22203; telephone, (703) 358-2093.
List of Subjects in 50 CFR Part 23
Animals, Endangered and threatened species, Exports, Fish, Foreign
officials, Foreign trade, Imports, Reporting and recordkeeping
requirements, Transportation, Treaties, Wildlife.
Proposed Regulation Promulgation
For the reasons given in the preamble, we propose to amend title
50, chapter I, subchapter B of the CFR as follows:
PART 23 - [AMENDED]
1. The authority citation for part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and
Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.
Sec. 23.15 [Amended]
2. Amend Sec. 23.15 (c)(3)(i), the first entry in the table, by
removing the words ``250 gm'' in the Quantity column and by adding in
their place the words ``125 gm.''
3. Amend Sec. 23.71(d) by removing paragraph (d)(4) and revising
paragraphs (d)(1), (d)(2), and (d)(3) to read as follows:
Sec. 23.71 How can I trade internationally in sturgeon caviar?
* * * * *
(d) * * *
(1) The relevant countries have established annual export quotas
for the shared stocks that were derived from catch quotas agreed among
the countries. The quotas are based on an appropriate regional
conservation strategy and monitoring regime and are not detrimental to
the survival of the species in the wild.
(2) The quotas have been communicated to the CITES Secretariat and
the Secretariat has communicated the annual export quotas to CITES
Parties.
(3) The caviar is exported during the quota year (March 1 - last
day of February) in which it was harvested and processed.
* * * * *
Dated: June 5, 2008
David M. Verhey
Acting Assistant Secretary for Fish and Wildlife and Parks
[FR Doc. E8-16198 Filed 7-16-08; 8:45 am]
BILLING CODE 4310-55-S
