Endangered and Threatened Wildlife and Plants; Removal of the Regulation That Excludes U.S. Captive-Bred Scimitar-Horned Oryx, Addax, and Dama Gazelle From Certain Prohibitions, 39804-39807 [2011-16982]
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39804
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧ Elevation in meters
(MSL)
Location of referenced elevation **
Effective
Communities affected
Modified
Burnside Creek .....................
Approximately 150 feet downstream of Eva Road ......
+375
+376
Cane Creek ...........................
Approximately 0.4 mile upstream of Flatwoods Road
At the Cypress Creek confluence ................................
None
+375
+441
+376
Charlie Creek ........................
Approximately 0.6 mile upstream of Post Oak Road ...
At the Cane Creek confluence .....................................
None
+378
+435
+377
None
+448
Cypress Creek ......................
Approximately 1,000 feet upstream of State Route
69A.
At the Cane Creek confluence .....................................
+375
+376
Approximately 0.5 mile upstream of Old State Route
69.
None
City of Camden, Unincorporated Areas of Benton
County.
+409
City of Camden, Unincorporated Areas of Benton
County.
City of Camden, Unincorporated Areas of Benton
County.
City of Camden, Unincorporated Areas of Benton
County.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
∧ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Camden
Maps are available for inspection at City Hall, 110 U.S. Route 641 South, Camden, TN 38320.
Unincorporated Areas of Benton County
Maps are available for inspection at the Benton County Courthouse, 1 East Court Square, Room 104, Camden, TN 38320.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
DEPARTMENT OF THE INTERIOR
Dated: June 23, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
Fish and Wildlife Service
[FR Doc. 2011–17035 Filed 7–6–11; 8:45 am]
[Docket No. FWS–R9–IA–2010–0056; 96300–
1671–0000–R4]
RIN 1018–AX29
Endangered and Threatened Wildlife
and Plants; Removal of the Regulation
That Excludes U.S. Captive-Bred
Scimitar-Horned Oryx, Addax, and
Dama Gazelle From Certain
Prohibitions
BILLING CODE 9110–12–P
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
50 CFR Part 17
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
revise the regulations that implement
the Endangered Species Act (Act). This
action would eliminate the exclusion of
U.S. captive-bred live wildlife and
SUMMARY:
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sport-hunted trophies of three
endangered antelopes—scimitar-horned
oryx (Oryx dammah), addax (Addax
nasomaculatus), and dama gazelle
(Gazella dama)—from certain
prohibited activities, such as take and
export, under the Act. This proposed
change to the regulations is in response
to a court order that found that the rule
for these three species violated section
10(c) of the Act. These three antelope
species remain listed as endangered
under the Act, and a person would need
to qualify for an exemption or obtain an
authorization under the current
statutory and regulatory requirements to
conduct any prohibited activities.
DATES: We will consider comments
received or postmarked on or before
August 8, 2011.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R9–IA–2010–0056.
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R9–
IA–2010–0056; 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-mails 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. If you use a telecommunications
device for the deaf (TDD), call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Background
On September 2, 2005 (70 FR 52319),
the Service determined that the
scimitar-horned oryx (Oryx dammah),
addax (Addax nasomaculatus), and
dama gazelle (Gazella dama) were
endangered throughout their ranges
under the Act (16 U.S.C. 1531 et seq.).
The numbers of these species of
antelopes in the wild have declined
drastically in the deserts of North Africa
over the past 50 years. The causes of
decline are habitat loss (desertification,
permanent human settlement, and
competition with domestic livestock),
regional military activity, and
uncontrolled killing. No sightings of the
scimitar-horned oryx had been reported
since the late 1980s, and the species
may now be extinct in the wild.
Remnant populations of the addax may
still exist in remote desert areas, but
probably fewer than 600 occur in the
wild. Only small numbers of dama
gazelle are estimated to occur in its
historical range, with recent estimates of
fewer than 700 in the wild. Captivebreeding programs operated by zoos and
private ranches have increased the
number of these antelopes, while
genetically managing their herds and
providing founder stock necessary for
reintroduction. The Sahelo-Saharan
Interest Group (SSIG) of the United
Nations Environment Program estimated
that there are 4,000–5,000 scimitarhorned oryx, 1,500 addax, and 750
dama gazelle in captivity worldwide,
many of which are held in the United
States.
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Thus, on September 2, 2005 (the same
date that we listed the three antelopes
as endangered), the Service added a new
regulation (70 FR 52310) at 50 CFR
17.21(h) to govern certain activities with
U.S. captive-bred animals of these three
species. For live antelopes, including
embryos and gametes, and sport-hunted
trophies of these three species, the
regulation authorized certain otherwise
prohibited activities that enhance the
propagation or survival of the species.
These activities include take; export or
re-import; delivery, receipt, carrying,
transport or shipment in interstate or
foreign commerce in the course of a
commercial activity; and sale or offer for
sale in interstate or foreign commerce.
Captive-breeding programs have
played a role in the conservation of the
scimitar-horned oryx, addax, and dama
gazelle, and we found that activities
associated with captive breeding within
the United States enhance the
propagation or survival of the species by
managing the species to ensure genetic
integrity and diversity, serving as
repositories for surplus animals, and
facilitating the movement of specimens
between breeding facilities. Some U.S.
captive-breeding facilities allow sport
hunting of surplus captive-bred animals,
which generates revenue to support the
operations and may relieve hunting
pressure on wild populations.
In the September 2, 2005, rule at 70
FR 52310, we published the final rule
that found that the regulatory
framework we were establishing at 50
CFR 17.21(h) met the standards for both
enhancing the propagation and
enhancing the survival of U.S captivebred scimitar-horned oryx, addax, and
dama gazelle as shown by the findings
for each of the criteria found at 50 CFR
17.22(a)(2) for endangered species
permits. We found that 50 CFR 17.21(h)
protects populations in the wild,
ensures appropriate management of U.S.
captive-bred specimens, and encourages
continued captive breeding and
management of these species. In
addition, we made the required findings
under section 10(d) of the Act. We also
determined that the rulemaking process
that amended 50 CFR 17.21 by adding
a new paragraph (h) satisfied the
requirements for notification and
opportunity for public comment under
section 10(c). Therefore, persons who
wished to engage in specified otherwise
prohibited activities with U.S. captivebred scimitar-horned oryx, addax, and
dama gazelle, when such activities meet
the criteria of 50 CFR 17.21(h), could do
so without obtaining an individual
endangered species permit.
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39805
Proposed Removal of 50 CFR 17.21(h)
The promulgation of the regulation at
50 CFR 17.21(h) was challenged as
violating section 10 of the Act and the
National Environmental Policy Act in
the United States District Court for the
District of Columbia (see Friends of
Animals, et al., v. Ken Salazar,
Secretary of the Interior and Rebecca
Ann Cary, et al., v. Rowan Gould, Acting
Director, Fish and Wildlife Service, et
al., 626 F. supp. 2d 102 (D.D.C. 2009)).
The Court found that the rule for the
three antelope species violated section
10(c) of the Act. On June 22, 2009, the
Court remanded the rule to the Service
for action consistent with its opinion.
To comply with the Court’s order, the
Service proposes to remove the
regulation at 50 CFR 17.21(h) and
eliminate the exemption for U.S.
captive-bred scimitar-horned oryx,
addax, and dama gazelle from certain
prohibitions under the Act. Any person
who wishes to conduct an otherwise
prohibited activity with U.S. captivebred scimitar-horned oryx, addax, or
dama gazelle would need to qualify for
an exemption or obtain authorization for
such activity under the current statutes
or regulations.
Required Determinations
Regulatory Planning and Review—
Executive Order 12866: The Office of
Management and Budget (OMB) has
determined that this rule is not
significant under Executive Order 12866
(E.O. 12866). OMB bases its
determination upon the following four
criteria.
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of
government.
(b) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
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,
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Proposed Rules
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
in taking, exporting, re-importing, and
selling in interstate or foreign commerce
of these three endangered antelopes
would be considered small as defined
by the SBA.
This proposed rule would require
individuals and captive-breeding
operations of the three endangered
antelopes to apply for authorization and
pay an application fee of $100–$200 and
apply for a permit when conducting
certain otherwise prohibited activities.
The regulatory change is not major in
scope and would create only a modest
financial or paperwork burden on the
affected members of the general public.
We, therefore, certify that this rule
would not 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 proposed rule:
a. Would not have an annual effect on
the economy of $100 million or more.
This rule proposes to remove the
regulation that excludes U.S. captivebred scimitar-horned oryx, addax, and
dama gazelle from certain prohibitions
of the Act. If finalized, individuals and
captive-breeding operations would need
to qualify for an exemption or obtain
endangered species permits or other
authorization to engage in certain
otherwise prohibited activities. This
proposed rule would not have a
negative effect on this part of the
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economy. It will affect all businesses,
whether large or small, the same. There
is not a disproportionate share of
benefits for small or large businesses.
b. Would not cause a major increase
in costs or prices for consumers;
individual industries; Federal, State,
tribal, or local government agencies; or
geographic regions. This rule would
result in a small increase in the number
of applications for permits or other
authorizations to conduct otherwise
prohibited activities with these three
endangered antelope species.
c. Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
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.
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 rule would not have
significant takings implications. A
takings implication assessment is not
required. This proposed rule is not
considered to have takings implications
because it allows individuals to obtain
authorization for otherwise prohibited
activities with these three endangered
antelopes when issuance criteria are
met.
Federalism: This proposed revision to
part 17 does 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
subsections 3(a) and 3(b)(2) of the
Order.
Paperwork Reduction Act: The Office
of Management and Budget approved
the information collection in part 17
and assigned OMB Control Numbers
1018–0093 and 1018–0094. 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.
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National Environmental Policy Act
(NEPA): The Service has determined
that this proposed rule is a regulatory
change that is administrative and legal
in nature. As such, the proposed rule is
categorically excluded from further
NEPA review as provided by 43 CFR
46.210(i), of the Department of the
Interior Implementation of the National
Environmental Policy Act (73 FR
6129269 (October 15, 2008)). 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.
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 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
You may submit your comments and
materials concerning this 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://
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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 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
For the reasons given in the preamble,
we propose to amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as follows:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
§ 17.21
[Amended]
2. Amend § 17.21 by removing
paragraph (h).
Dated: January 25, 2011.
Eileen Sobeck,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2011–16982 Filed 7–6–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
[Docket No. FWS–R1–ES–2010–0071; MO
92210–0–0009]
RIN 1018–AX16
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Lepidium papilliferum
(Slickspot Peppergrass)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
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We, the U.S. Fish and
Wildlife Service (Service), announce the
extension of the comment period on the
proposed designation of critical habitat
for Lepidium papilliferum (slickspot
peppergrass). In total, we are proposing
to designate 23,374 hectares (57,756
acres) as critical habitat for L.
papilliferum in Ada, Elmore, Payette,
and Owyhee Counties in Idaho. We are
extending the public comment period
an additional 60 days beyond the
current scheduled closing date of July
11, 2011. If you have previously
submitted comments, you do not need
to resubmit them since we have
incorporated them into the public
record and will fully consider them in
preparation of the final rule.
DATES: Written Comments: We will
accept comments received or
postmarked on or before September 9,
2011. Please note that if you are using
the Federal eRulemaking Portal (see
ADDRESSES section, below) the deadline
for submitting an electronic comment is
11:59 p.m. Eastern Standard Time on
this date. Any comments that we receive
after the closing date may not be fully
considered in the final decision on this
action.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. In the box that
reads ‘‘Enter Keyword or ID,’’ enter the
docket number for this proposed rule,
which is FWS–R1–ES–2010–0071 and
then click the Search button. You
should then see an icon that reads
‘‘Submit a Comment.’’ Please ensure
that you have found the correct
rulemaking before submitting your
comment.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R1–
ES–2010–0071; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
MS 2042–PDM; Arlington, VA 22203.
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 below
for more information). Information
regarding this notice is available in
alternative formats upon request.
FOR FURTHER INFORMATION CONTACT:
Brian T. Kelly, State Supervisor, U.S.
Fish and Wildlife Service, Idaho Fish
and Wildlife Office, 1387 South Vinnell
Way, Room 368, Boise, ID 83709;
telephone 208–378–5243; facsimile
208–378–5262. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUMMARY:
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39807
SUPPLEMENTARY INFORMATION:
Background
Under the Endangered Species Act of
1973 (Act) (16 U.S.C. 1531 et seq.), as
amended, we listed Lepidium
papilliferum as a threatened species on
October 8, 2009 (74 FR 52014). On May
10, 2011, we published the proposed
designation of critical habitat for L.
papilliferum (76 FR 27184). All details
of the proposed critical habitat
designation are provided in our May 10,
2011, proposed rule, available online at
https://www.regulations.gov, or by
contacting the Idaho Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT). We are seeking data and
comments from the public on all aspects
of the proposed critical habitat
designation for L. papilliferum.
On June 1, 2011, we received a
request from the Governor of Idaho
seeking a 60-day extension of the
comment period so that the State of
Idaho may coordinate comments
between the State agencies that may be
affected by critical habitat, and to allow
adequate time for citizens to provide
input on the proposed critical habitat
designation. This notice announces the
60-day extension as requested.
Public Comments
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from the public, other
concerned government agencies, the
scientific community, industry, or other
interested parties concerning this
proposed rule. We will consider
information and recommendations from
all interested parties. We particularly
seek comments concerning:
(1) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act,
including whether there are threats to
Lepidium papilliferum from human
activity, the degree to which threats
from human activity can be expected to
increase due to the designation, and
whether that increase in threats
outweighs the benefit of designation
such that the designation of critical
habitat may not be prudent.
(2) Specific information on:
• The amount and distribution of
Lepidium papilliferum habitat;
• What areas occupied at the time of
listing and that contain features
essential to the conservation of
Lepidium papilliferum should be
included in the designation and why;
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]]>Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 39804-39807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16982]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R9-IA-2010-0056; 96300-1671-0000-R4]
RIN 1018-AX29
Endangered and Threatened Wildlife and Plants; Removal of the
Regulation That Excludes U.S. Captive-Bred Scimitar-Horned Oryx, Addax,
and Dama Gazelle From Certain Prohibitions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
revise the regulations that implement the Endangered Species Act (Act).
This action would eliminate the exclusion of U.S. captive-bred live
wildlife and sport-hunted trophies of three endangered antelopes--
scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and
dama gazelle (Gazella dama)--from certain prohibited activities, such
as take and export, under the Act. This proposed change to the
regulations is in response to a court order that found that the rule
for these three species violated section 10(c) of the Act. These three
antelope species remain listed as endangered under the Act, and a
person would need to qualify for an exemption or obtain an
authorization under the current statutory and regulatory requirements
to conduct any prohibited activities.
DATES: We will consider comments received or postmarked on or before
August 8, 2011.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
IA-2010-0056.
[[Page 39805]]
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-IA-2010-0056; 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-mails 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. If you use a telecommunications device for the deaf (TDD),
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2005 (70 FR 52319), the Service determined that the
scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and
dama gazelle (Gazella dama) were endangered throughout their ranges
under the Act (16 U.S.C. 1531 et seq.). The numbers of these species of
antelopes in the wild have declined drastically in the deserts of North
Africa over the past 50 years. The causes of decline are habitat loss
(desertification, permanent human settlement, and competition with
domestic livestock), regional military activity, and uncontrolled
killing. No sightings of the scimitar-horned oryx had been reported
since the late 1980s, and the species may now be extinct in the wild.
Remnant populations of the addax may still exist in remote desert
areas, but probably fewer than 600 occur in the wild. Only small
numbers of dama gazelle are estimated to occur in its historical range,
with recent estimates of fewer than 700 in the wild. Captive-breeding
programs operated by zoos and private ranches have increased the number
of these antelopes, while genetically managing their herds and
providing founder stock necessary for reintroduction. The Sahelo-
Saharan Interest Group (SSIG) of the United Nations Environment Program
estimated that there are 4,000-5,000 scimitar-horned oryx, 1,500 addax,
and 750 dama gazelle in captivity worldwide, many of which are held in
the United States.
Thus, on September 2, 2005 (the same date that we listed the three
antelopes as endangered), the Service added a new regulation (70 FR
52310) at 50 CFR 17.21(h) to govern certain activities with U.S.
captive-bred animals of these three species. For live antelopes,
including embryos and gametes, and sport-hunted trophies of these three
species, the regulation authorized certain otherwise prohibited
activities that enhance the propagation or survival of the species.
These activities include take; export or re-import; delivery, receipt,
carrying, transport or shipment in interstate or foreign commerce in
the course of a commercial activity; and sale or offer for sale in
interstate or foreign commerce.
Captive-breeding programs have played a role in the conservation of
the scimitar-horned oryx, addax, and dama gazelle, and we found that
activities associated with captive breeding within the United States
enhance the propagation or survival of the species by managing the
species to ensure genetic integrity and diversity, serving as
repositories for surplus animals, and facilitating the movement of
specimens between breeding facilities. Some U.S. captive-breeding
facilities allow sport hunting of surplus captive-bred animals, which
generates revenue to support the operations and may relieve hunting
pressure on wild populations.
In the September 2, 2005, rule at 70 FR 52310, we published the
final rule that found that the regulatory framework we were
establishing at 50 CFR 17.21(h) met the standards for both enhancing
the propagation and enhancing the survival of U.S captive-bred
scimitar-horned oryx, addax, and dama gazelle as shown by the findings
for each of the criteria found at 50 CFR 17.22(a)(2) for endangered
species permits. We found that 50 CFR 17.21(h) protects populations in
the wild, ensures appropriate management of U.S. captive-bred
specimens, and encourages continued captive breeding and management of
these species. In addition, we made the required findings under section
10(d) of the Act. We also determined that the rulemaking process that
amended 50 CFR 17.21 by adding a new paragraph (h) satisfied the
requirements for notification and opportunity for public comment under
section 10(c). Therefore, persons who wished to engage in specified
otherwise prohibited activities with U.S. captive-bred scimitar-horned
oryx, addax, and dama gazelle, when such activities meet the criteria
of 50 CFR 17.21(h), could do so without obtaining an individual
endangered species permit.
Proposed Removal of 50 CFR 17.21(h)
The promulgation of the regulation at 50 CFR 17.21(h) was
challenged as violating section 10 of the Act and the National
Environmental Policy Act in the United States District Court for the
District of Columbia (see Friends of Animals, et al., v. Ken Salazar,
Secretary of the Interior and Rebecca Ann Cary, et al., v. Rowan Gould,
Acting Director, Fish and Wildlife Service, et al., 626 F. supp. 2d 102
(D.D.C. 2009)). The Court found that the rule for the three antelope
species violated section 10(c) of the Act. On June 22, 2009, the Court
remanded the rule to the Service for action consistent with its
opinion.
To comply with the Court's order, the Service proposes to remove
the regulation at 50 CFR 17.21(h) and eliminate the exemption for U.S.
captive-bred scimitar-horned oryx, addax, and dama gazelle from certain
prohibitions under the Act. Any person who wishes to conduct an
otherwise prohibited activity with U.S. captive-bred scimitar-horned
oryx, addax, or dama gazelle would need to qualify for an exemption or
obtain authorization for such activity under the current statutes or
regulations.
Required Determinations
Regulatory Planning and Review--Executive Order 12866: The Office
of Management and Budget (OMB) has determined that this rule is not
significant under Executive Order 12866 (E.O. 12866). OMB bases its
determination upon the following four criteria.
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
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,
[[Page 39806]]
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 in taking, exporting, re-importing, and selling in
interstate or foreign commerce of these three endangered antelopes
would be considered small as defined by the SBA.
This proposed rule would require individuals and captive-breeding
operations of the three endangered antelopes to apply for authorization
and pay an application fee of $100-$200 and apply for a permit when
conducting certain otherwise prohibited activities. The regulatory
change is not major in scope and would create only a modest financial
or paperwork burden on the affected members of the general public.
We, therefore, certify that this rule would not 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 proposed rule:
a. Would not have an annual effect on the economy of $100 million
or more. This rule proposes to remove the regulation that excludes U.S.
captive-bred scimitar-horned oryx, addax, and dama gazelle from certain
prohibitions of the Act. If finalized, individuals and captive-breeding
operations would need to qualify for an exemption or obtain endangered
species permits or other authorization to engage in certain otherwise
prohibited activities. This proposed rule would not have a negative
effect on this part of the economy. It will affect all businesses,
whether large or small, the same. There is not a disproportionate share
of benefits for small or large businesses.
b. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, tribal, or local
government agencies; or geographic regions. This rule would result in a
small increase in the number of applications for permits or other
authorizations to conduct otherwise prohibited activities with these
three endangered antelope species.
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
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.
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 rule would not have
significant takings implications. A takings implication assessment is
not required. This proposed rule is not considered to have takings
implications because it allows individuals to obtain authorization for
otherwise prohibited activities with these three endangered antelopes
when issuance criteria are met.
Federalism: This proposed revision to part 17 does 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 subsections
3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act: The Office of Management and Budget
approved the information collection in part 17 and assigned OMB Control
Numbers 1018-0093 and 1018-0094. 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 Service has
determined that this proposed rule is a regulatory change that is
administrative and legal in nature. As such, the proposed rule is
categorically excluded from further NEPA review as provided by 43 CFR
46.210(i), of the Department of the Interior Implementation of the
National Environmental Policy Act (73 FR 6129269 (October 15, 2008)).
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.
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 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
You may submit your comments and materials concerning this 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://
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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 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
For the reasons given in the preamble, we propose to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as follows:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.21 [Amended]
2. Amend Sec. 17.21 by removing paragraph (h).
Dated: January 25, 2011.
Eileen Sobeck,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-16982 Filed 7-6-11; 8:45 am]
BILLING CODE 4310-55-P
