Endangered and Threatened Wildlife and Plants; Reinstatement of the Regulation That Excludes U.S. Captive-Bred Scimitar-Horned Oryx, Addax, and Dama Gazelle From Certain Prohibitions, 15250-15252 [2014-05954]
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15250
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
E.O. 13211 (Energy Supply, Distribution,
or Use)
FMCSA has analyzed this final rule
under E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
FMCSA has determined that it is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under E.O.
13211.
49 CFR Part 390
Highway safety, Intermodal
transportation, Motor carriers, Motor
vehicle safety, Reporting and
recordkeeping requirements.
For the reasons stated above, FMCSA
amends title 49, Code of Federal
Regulations, chapter III, subchapter B,
parts 383 and 390, as follows:
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
1. The authority citation for part 383
continues to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140, Pub. L. 109–59, 119 Stat. 1144,
1746; and 49 CFR 1.87.
2. Amend § 383.5 by revising the
definition of ‘‘Gross combination weight
rating’’ to read as follows:
■
E.O. 13175 (Indian Tribal Governments)
§ 383.5
This final rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
*
wreier-aviles on DSK5TPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies.
This final rule does not use technical
standards. Therefore, FMCSA did not
consider the use of voluntary consensus
standards.
List of Subjects
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by
reference, Motor carriers.
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Definitions.
*
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*
Gross combination weight rating
(GCWR) is the greater of:
(1) A value specified by the
manufacturer of the power unit, if such
value is displayed on the Federal Motor
Vehicle Safety Standard (FMVSS)
certification label required by the
National Highway Traffic Safety
Administration, or
(2) The sum of the gross vehicle
weight ratings (GVWRs) or the gross
vehicle weights (GVWs) of the power
unit and the towed unit(s), or any
combination thereof, that produces the
highest value. Exception: The GCWR of
the power unit will not be used to
define a commercial motor vehicle
when the power unit is not towing
another vehicle.
*
*
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*
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
3. The authority citation for part 390
is revised to read as follows:
■
Authority: 49 U.S.C. 504, 508, 31132,
31133, 31136, 31144, 31151, and 31502; sec.
114, Pub. L. 103–311, 108 Stat. 1673, 1677–
1678; secs. 212, 217, and 229, Pub. L. 106–
159, 113 Stat. 1748, 1766, 1767; sec. 229,
Pub. L. 106–159 (as transferred by sec. 4114
and amended by secs. 4130–4132, Pub. L.
109–59, 119 Stat. 1144, 1726, 1743–1744);
sec. 4136, Pub. L. 109–59, 119 Stat. 1144,
1745; sections 32101(d) and 34934, Pub. L.
112–141, 126 Stat. 405, 778, 830; and 49 CFR
1.87.
4. Amend § 390.5 by revising the
definition of ‘‘Gross combination weight
rating’’ to read as follows:
■
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§ 390.5
Definitions.
*
*
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Gross combination weight rating
(GCWR) is the greater of:
(1) A value specified by the
manufacturer of the power unit, if such
value is displayed on the Federal Motor
Vehicle Safety Standard (FMVSS)
certification label required by the
National Highway Traffic Safety
Administration, or
(2) The sum of the gross vehicle
weight ratings (GVWRs) or the gross
vehicle weights (GVWs) of the power
unit and the towed unit(s), or any
combination thereof, that produces the
highest value. Exception: The GCWR of
the power unit will not be used to
define a commercial motor vehicle
when the power unit is not towing
another vehicle.
*
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*
Issued under the authority of delegation in
49 CFR 1.87 on: March 6, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–05502 Filed 3–18–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–IA–2014–0010;
92220–1113–0000; ABC Code: C6]
RIN 1018–BA47
Endangered and Threatened Wildlife
and Plants; Reinstatement of the
Regulation That Excludes U.S. CaptiveBred Scimitar-Horned Oryx, Addax,
and Dama Gazelle From Certain
Prohibitions
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The Consolidated
Appropriations Act of 2014 (Pub. L.
113–76) was enacted into law on
January 17, 2014. A provision of that act
directs the Secretary of the Interior,
within 60 days of enactment, to reissue
the final rule published on September 2,
2005, that authorized certain otherwise
prohibited activities with U.S. captivebred specimens of scimitar-horned oryx,
addax, and dama gazelle where the
purpose of the activity is associated
with the management of the species in
a manner that contributes to increasing
or sustaining captive numbers or to
potential reintroduction to range
countries. This rule implements that
directive.
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
DATES:
This action is effective March 19,
2014.
This final rule is available
on the Internet at https://
www.regulations.gov. You may obtain
information about permits or other
authorizations to carry out otherwise
prohibited activities by contacting the
U.S. Fish and Wildlife Service, Division
of Management Authority, Branch of
Permits, 4401 N. Fairfax Drive, Room
212, Arlington, VA 22203; telephone:
703–358–2104 or (toll free) 800–358–
2104; facsimile: 703–358–2281; email:
managementauthority@fws.gov; Web
site: https://www.fws.gov/international/.
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:
wreier-aviles on DSK5TPTVN1PROD with RULES
ADDRESSES:
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 in their entirety under the
Endangered Species Act (ESA; 16 U.S.C.
1531 et seq.). According to this rule, the
numbers of these species of antelopes in
the wild had declined drastically in the
deserts of North Africa over the past 50
years. The causes of decline were
habitat loss (desertification, permanent
human settlement, and competition
with domestic livestock), regional
military activity, and uncontrolled
killing. With the exception of
reintroduced animals, no sightings of
the scimitar-horned oryx had been
reported since the late 1980s. Remnant
populations of the addax might still
exist in remote desert areas, but
probably fewer than 600 occur in the
wild. Only small numbers of dama
gazelle were estimated to occur in the
species’ 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. At that time, the SaheloSaharan Interest Group (SSIG) of the
United Nations Environment Program
estimated that 4,000–5,000 scimitarhorned oryx, 1,500 addax, and 750
dama gazelle are in captivity
worldwide, many of which were held in
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Jkt 232001
the United States. Based on a 2010
census of its members, the Exotic
Wildlife Association (EWA) estimated
that 11,032 scimitar-horned oryx, 5,112
addax, and 894 dama gazelle were on
EWA member ranches.
On September 2, 2005 (the same date
that we listed the three antelopes as
endangered), the Service also published
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
where the purpose of the activity is
associated with the management of the
species in a manner that contributed to
increasing or sustaining captive
numbers or to potential reintroduction
to range countries. 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. For
additional information on that final
rule, please see the preamble to the rule
published on September 2, 2005 (70 FR
52310).
The promulgation of this regulation
was challenged in two consolidated
cases 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 District Court found that the rule
violated section 10(c) of the ESA by not
providing the public an opportunity to
comment on activities being carried out
with these three antelope species. 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 published a proposed rule on
July 7, 2011 (76 FR 39804) and a final
rule on January 5, 2012 (77 FR 431) that
removed the regulation at 50 CFR
17.21(h), thus eliminating the exclusion
for U.S. captive-bred scimitar-horned
oryx, addax, and dama gazelle from
certain prohibitions under the ESA.
Under that final rule, any person who
wished 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 ESA. For
additional information on that final
rule, please see the preamble to the rule
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15251
published on January 5, 2012 (77 FR
431).
On January 17, 2014, the Consolidated
Appropriations Act of 2014 (Pub. L.
113–76) was enacted. Division G, Title
I, Section 127 of that act directs the
Secretary of the Interior, within 60 days
of the date of enactment, to reissue the
final rule published on September 2,
2005 (70 FR 52310), without regard to
any other provision of statute or
regulation that applies to issuance of
such rule. This rule implements that
directive.
Effects of the Rule
With this rule, persons who wish to
engage in the specified otherwise
prohibited activities that meet the
criteria for enhancement of the
propagation or survival of these species
may do so without obtaining an
individual ESA permit. This rule does
not authorize any activity for any
specimen of the three species from the
wild. It also does not affect provisions
relating to importation or possession
and other acts with unlawfully taken
wildlife. In addition, this rule applies
only to specimens that are captive-bred
in the United States. Any person who
wishes to engage in any act that is
prohibited under the ESA with a
specimen that has not been captive-bred
in the United States or from a facility
that does not meet the criteria of this
rule will continue to need to obtain an
individual permit under the ESA. The
issuance or denial of such permits is
decided on a case-by-case basis and
only after all required findings have
been made.
Each of the three antelope species are
listed in Appendix I of the Convention
on International Trade in Endangered
Species of Wild Fauna and Flora
(CITES). This rule does not affect the
CITES requirements for these species.
Therefore, any import into or export
from the United States of specimens of
these species would not be authorized
until all CITES requirements have been
met.
For additional information on this
final rule, please see the preamble to the
rule published on September 2, 2005 (70
FR 52310).
Effective Date
This rule is effective upon publication
in the Federal Register. Section 127 of
Division G, Title I, of Pub. L. 113–76,
directs us to reissue, within 60 days of
enactment, the final rule published on
September 2, 2005. That section also
expressly provides that such reissuance
is not subject to any other statute or
regulation that applies to such a rule.
Accordingly, in reissuing this rule, any
E:\FR\FM\19MRR1.SGM
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15252
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
delay in the effective date otherwise
required by statute, regulation, or
Executive Order does not apply.
Required Determinations
This rulemaking implements Section
127 of Division G, Title I, of Pub. L.
113–76, which expressly provides that
the reissuance of this rule is not subject
to any other provision of statute or
regulation that applies to issuance of
such a rule. Accordingly, in reissuing
this rule, the Service has not made and
is not required to make determinations
otherwise required by statute,
regulation, or Executive Order, such as
those previously made when issuing the
final rule published on September 2,
2005 (70 FR 52310, 52317–52318)
(publishing a new regulation at 50 CFR
17.21(h)) or those previously made
when issuing the final rule published on
January 5, 2012 (77 FR 431, 436–437)
(removing the regulation at 50 CFR
17.21(h)).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245; unless otherwise noted.
2. Amend § 17.21 by adding paragraph
(h) to read as follows:
■
§ 17.21
Prohibitions.
wreier-aviles on DSK5TPTVN1PROD with RULES
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(h) U.S. captive-bred scimitar-horned
oryx, addax, and dama gazelle.
Notwithstanding paragraphs (b), (c), (e),
and (f) of this section, any person
subject to the jurisdiction of the United
States may take; export or re-import;
deliver, receive, carry, transport or ship
in interstate or foreign commerce, in the
course of a commercial activity; or sell
or offer for sale in interstate or foreign
commerce live wildlife, including
embryos and gametes, and sport-hunted
trophies of scimitar-horned oryx (Oryx
dammah), addax (Addax
nasomaculatus), and dama gazelle
(Gazella dama) provided:
(1) The purpose of such activity is
associated with the management or
transfer of live wildlife, including
embryos and gametes, or sport hunting
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Jkt 232001
in a manner that contributes to
increasing or sustaining captive
numbers or to potential reintroduction
to range countries;
(2) The specimen was captive-bred, in
accordance with § 17.3, within the
United States;
(3) All live specimens of that species
held by the captive-breeding operation
are managed in a manner that prevents
hybridization of the species or
subspecies;
(4) All live specimens of that species
held by the captive-breeding operation
are managed in a manner that maintains
genetic diversity;
(5) Any export of or foreign commerce
in a specimen meets the requirements of
paragraph (g)(4) of this section, as well
as parts 13, 14, and 23 of this chapter;
(6) Each specimen to be re-imported
is uniquely identified by a tattoo or
other means that is reported on the
documentation required under
paragraph (h)(5) of this section; and
(7) Each person claiming the benefit
of the exception of this paragraph (h)
must maintain accurate written records
of activities, including births, deaths,
and transfers of specimens, and make
those records accessible to Service
officials for inspection at reasonable
hours set forth in §§ 13.46 and 13.47 of
this chapter.
(8) The sport-hunted trophy consists
of raw or tanned parts, such as bones,
hair, head, hide, hooves, horns, meat,
skull, rug, taxidermied head, shoulder,
or full body mount, of a specimen that
was taken by the hunter during a sport
hunt for personal use. It does not
include articles made from a trophy,
such as worked, manufactured, or
handicraft items for use as clothing,
curios, ornamentation, jewelry, or other
utilitarian items for commercial
purposes.
Dated: March 10, 2014.
Michael Bean,
Acting Principal Deputy Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2014–05954 Filed 3–17–14; 8:45 am]
BILLING CODE 4310–55–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121009528–2729–02]
RIN 0648–XD156
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2014 commercial summer
flounder quota to the Commonwealth of
Virginia and the State of New Jersey.
NMFS is adjusting the quotas and
announcing the revised commercial
quota for each state involved.
DATES: Effective March 14, 2014,
through December 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, 978–281–9224.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are in 50 CFR part 648,
and require annual specification of a
commercial quota that is apportioned
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state are
described in § 648.102.
The final rule implementing
Amendment 5 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which was published
on December 17, 1993 (58 FR 65936),
provided a mechanism for summer
flounder quota to be transferred from
one state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Greater Atlantic Region, NMFS
(Regional Administrator), can transfer or
combine summer flounder commercial
quota under § 648.102(c)(2). The
Regional Administrator is required to
consider the criteria in § 648.102(c)(2)(i)
to evaluate requests for quota transfers
or combinations.
North Carolina has agreed to transfer
14,820 lb (6,726 kg) of its 2014
commercial quota to Virginia. This
transfer was prompted by summer
flounder landings of the F/V Helen
Louise, a North Carolina vessel that was
granted safe harbor in Virginia due to
running aground and encountering thick
SUMMARY:
E:\FR\FM\19MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15250-15252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05954]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-IA-2014-0010; 92220-1113-0000; ABC Code: C6]
RIN 1018-BA47
Endangered and Threatened Wildlife and Plants; Reinstatement 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Consolidated Appropriations Act of 2014 (Pub. L. 113-76)
was enacted into law on January 17, 2014. A provision of that act
directs the Secretary of the Interior, within 60 days of enactment, to
reissue the final rule published on September 2, 2005, that authorized
certain otherwise prohibited activities with U.S. captive-bred
specimens of scimitar-horned oryx, addax, and dama gazelle where the
purpose of the activity is associated with the management of the
species in a manner that contributes to increasing or sustaining
captive numbers or to potential reintroduction to range countries. This
rule implements that directive.
[[Page 15251]]
DATES: This action is effective March 19, 2014.
ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov. You may obtain information about permits or other
authorizations to carry out otherwise prohibited activities by
contacting the U.S. Fish and Wildlife Service, Division of Management
Authority, Branch of Permits, 4401 N. Fairfax Drive, Room 212,
Arlington, VA 22203; telephone: 703-358-2104 or (toll free) 800-358-
2104; facsimile: 703-358-2281; email: managementauthority@fws.gov; Web
site: https://www.fws.gov/international/.
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 in their entirety under the
Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). According to this
rule, the numbers of these species of antelopes in the wild had
declined drastically in the deserts of North Africa over the past 50
years. The causes of decline were habitat loss (desertification,
permanent human settlement, and competition with domestic livestock),
regional military activity, and uncontrolled killing. With the
exception of reintroduced animals, no sightings of the scimitar-horned
oryx had been reported since the late 1980s. Remnant populations of the
addax might still exist in remote desert areas, but probably fewer than
600 occur in the wild. Only small numbers of dama gazelle were
estimated to occur in the species' 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. At that time, the Sahelo-Saharan
Interest Group (SSIG) of the United Nations Environment Program
estimated that 4,000-5,000 scimitar-horned oryx, 1,500 addax, and 750
dama gazelle are in captivity worldwide, many of which were held in the
United States. Based on a 2010 census of its members, the Exotic
Wildlife Association (EWA) estimated that 11,032 scimitar-horned oryx,
5,112 addax, and 894 dama gazelle were on EWA member ranches.
On September 2, 2005 (the same date that we listed the three
antelopes as endangered), the Service also published 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 where the purpose of the activity is associated with the
management of the species in a manner that contributed to increasing or
sustaining captive numbers or to potential reintroduction to range
countries. 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. For additional
information on that final rule, please see the preamble to the rule
published on September 2, 2005 (70 FR 52310).
The promulgation of this regulation was challenged in two
consolidated cases 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 District Court found that the rule violated section
10(c) of the ESA by not providing the public an opportunity to comment
on activities being carried out with these three antelope species. 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 published a proposed
rule on July 7, 2011 (76 FR 39804) and a final rule on January 5, 2012
(77 FR 431) that removed the regulation at 50 CFR 17.21(h), thus
eliminating the exclusion for U.S. captive-bred scimitar-horned oryx,
addax, and dama gazelle from certain prohibitions under the ESA. Under
that final rule, any person who wished 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 ESA. For additional
information on that final rule, please see the preamble to the rule
published on January 5, 2012 (77 FR 431).
On January 17, 2014, the Consolidated Appropriations Act of 2014
(Pub. L. 113-76) was enacted. Division G, Title I, Section 127 of that
act directs the Secretary of the Interior, within 60 days of the date
of enactment, to reissue the final rule published on September 2, 2005
(70 FR 52310), without regard to any other provision of statute or
regulation that applies to issuance of such rule. This rule implements
that directive.
Effects of the Rule
With this rule, persons who wish to engage in the specified
otherwise prohibited activities that meet the criteria for enhancement
of the propagation or survival of these species may do so without
obtaining an individual ESA permit. This rule does not authorize any
activity for any specimen of the three species from the wild. It also
does not affect provisions relating to importation or possession and
other acts with unlawfully taken wildlife. In addition, this rule
applies only to specimens that are captive-bred in the United States.
Any person who wishes to engage in any act that is prohibited under the
ESA with a specimen that has not been captive-bred in the United States
or from a facility that does not meet the criteria of this rule will
continue to need to obtain an individual permit under the ESA. The
issuance or denial of such permits is decided on a case-by-case basis
and only after all required findings have been made.
Each of the three antelope species are listed in Appendix I of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). This rule does not affect the CITES requirements for
these species. Therefore, any import into or export from the United
States of specimens of these species would not be authorized until all
CITES requirements have been met.
For additional information on this final rule, please see the
preamble to the rule published on September 2, 2005 (70 FR 52310).
Effective Date
This rule is effective upon publication in the Federal Register.
Section 127 of Division G, Title I, of Pub. L. 113-76, directs us to
reissue, within 60 days of enactment, the final rule published on
September 2, 2005. That section also expressly provides that such
reissuance is not subject to any other statute or regulation that
applies to such a rule. Accordingly, in reissuing this rule, any
[[Page 15252]]
delay in the effective date otherwise required by statute, regulation,
or Executive Order does not apply.
Required Determinations
This rulemaking implements Section 127 of Division G, Title I, of
Pub. L. 113-76, which expressly provides that the reissuance of this
rule is not subject to any other provision of statute or regulation
that applies to issuance of such a rule. Accordingly, in reissuing this
rule, the Service has not made and is not required to make
determinations otherwise required by statute, regulation, or Executive
Order, such as those previously made when issuing the final rule
published on September 2, 2005 (70 FR 52310, 52317-52318) (publishing a
new regulation at 50 CFR 17.21(h)) or those previously made when
issuing the final rule published on January 5, 2012 (77 FR 431, 436-
437) (removing the regulation at 50 CFR 17.21(h)).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. Amend Sec. 17.21 by adding paragraph (h) to read as follows:
Sec. 17.21 Prohibitions.
* * * * *
(h) U.S. captive-bred scimitar-horned oryx, addax, and dama
gazelle. Notwithstanding paragraphs (b), (c), (e), and (f) of this
section, any person subject to the jurisdiction of the United States
may take; export or re-import; deliver, receive, carry, transport or
ship in interstate or foreign commerce, in the course of a commercial
activity; or sell or offer for sale in interstate or foreign commerce
live wildlife, including embryos and gametes, and sport-hunted trophies
of scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and
dama gazelle (Gazella dama) provided:
(1) The purpose of such activity is associated with the management
or transfer of live wildlife, including embryos and gametes, or sport
hunting in a manner that contributes to increasing or sustaining
captive numbers or to potential reintroduction to range countries;
(2) The specimen was captive-bred, in accordance with Sec. 17.3,
within the United States;
(3) All live specimens of that species held by the captive-breeding
operation are managed in a manner that prevents hybridization of the
species or subspecies;
(4) All live specimens of that species held by the captive-breeding
operation are managed in a manner that maintains genetic diversity;
(5) Any export of or foreign commerce in a specimen meets the
requirements of paragraph (g)(4) of this section, as well as parts 13,
14, and 23 of this chapter;
(6) Each specimen to be re-imported is uniquely identified by a
tattoo or other means that is reported on the documentation required
under paragraph (h)(5) of this section; and
(7) Each person claiming the benefit of the exception of this
paragraph (h) must maintain accurate written records of activities,
including births, deaths, and transfers of specimens, and make those
records accessible to Service officials for inspection at reasonable
hours set forth in Sec. Sec. 13.46 and 13.47 of this chapter.
(8) The sport-hunted trophy consists of raw or tanned parts, such
as bones, hair, head, hide, hooves, horns, meat, skull, rug,
taxidermied head, shoulder, or full body mount, of a specimen that was
taken by the hunter during a sport hunt for personal use. It does not
include articles made from a trophy, such as worked, manufactured, or
handicraft items for use as clothing, curios, ornamentation, jewelry,
or other utilitarian items for commercial purposes.
Dated: March 10, 2014.
Michael Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2014-05954 Filed 3-17-14; 8:45 am]
BILLING CODE 4310-55-P
