[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Proposed Rules]
[Page 56975-56976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se10-31]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
[Docket No. FWS-R9-FHC-2009-0093; 94140-1342-0000-N5]
RIN 1018-AX05
Injurious Wildlife Species; Review of Information Concerning a
Petition To List All Live Amphibians in Trade as Injurious Unless Free
of Batrachochytrium dendrobatidis
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of inquiry.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reviewing a petition to list, under the Lacey Act, all live amphibians
or their eggs in trade as injurious unless certified as free of
Batrachochytrium dendrobatidis (chytrid fungus). The importation and
introduction of live amphibians infected with chytrid fungus into the
natural ecosystems of the United States may pose a threat to interests
of agriculture, horticulture, forestry, or to wildlife or the wildlife
resources of the United States. An injurious wildlife listing would
prohibit the importation of live amphibians or their eggs infected with
chytrid fungus into, or transportation between, States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States by any means, without a permit. We may
issue permits for scientific, medical, educational, or zoological
purposes. This document seeks information from the public to aid in
determining if a proposed rule is warranted.
DATES: We will consider information received or postmarked on or before
December 16, 2010.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R9-
FHC-2009-0093.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket No. FWS-R9-FHC-2009-0093, Division of Policy and
Directives Management, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Suite 222, Arlington, VA 22203.
FOR FURTHER INFORMATION CONTACT: Susan Jewell, Branch of Aquatic
Invasive Species, U.S. Fish and Wildlife Service, MS 770, 4401 N.
Fairfax Drive, Arlington, VA 22203; telephone 703-358-2416. If you use
a telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION: On September 9, 2009, Department of the
Interior Secretary Ken Salazar received a petition from the Defenders
of Wildlife requesting that live amphibians or their eggs in trade be
considered for inclusion in the injurious wildlife regulations (50 CFR
part 16) under the Lacey Act (18 U.S.C. 42) unless they are free of
Batrachochytrium dendrobatidis (chytrid fungus). The Defenders of
Wildlife is concerned that unregulated trade--primarily for pet use and
as live animals for consumption as frog legs--continues to threaten the
survival of many amphibian species, including domestic and foreign
species listed by the Service under the Endangered Species Act of 1973
as amended (ESA; 16 U.S.C. 1531 et seq.), candidate species, and other
species.
Specifically, the petition to Secretary Salazar proposes the
following revision to the Service regulations at 50 CFR 16.14.
Importation of live amphibians or their eggs. All live
amphibians and their eggs are prohibited entry into the United
States, or to be exported from the United States, or transported in
interstate commerce, for any purposes, except in compliance with
this section. Upon the filing of a written declaration with the
District Director of Customs at the port of entry as required under
Sec. 14.61, species of live amphibians or their eggs may be
imported, transported, and possessed in captivity only if the
shipment complies with a certification and handling system that
meets or exceeds recommendations of the World Organization for
Animal Health in its Aquatic Animal Health Code on Batrachochytrium
dendrobatidis. No such live amphibians or any progeny or eggs
thereof may be released into the wild except by the State wildlife
conservation agency having jurisdiction over the area of release or
by persons having prior written permission for release from such
agency. All live amphibians and their eggs are prohibited from
interstate commerce in the United States and from export out of the
United States unless in a shipment accompanied by a written
declaration, in such form as the Director of the Fish and Wildlife
Service shall provide, which
[[Page 56976]]
indicates the shipment meets or exceeds the recommendations of the
World Organization for Animal Health in its Aquatic Animal Health
Code on Batrachochytrium dendrobatidis.
We are seeking information on the importation and transportation of
live amphibians or their eggs and chytrid fungus (also known as
chytridiomycosis) for possible addition to the injurious wildlife list
under the Lacey Act.
The regulations contained in 50 CFR part 16 implement the Lacey
Act. Under the terms of the injurious wildlife provisions of the Lacey
Act, the Secretary of the Interior is authorized to prohibit the
importation and interstate transportation of species designated by the
Secretary as injurious. Injurious wildlife are those species,
offspring, and eggs that are injurious or potentially injurious to
wildlife or wildlife resources, to human beings, or to the interests of
forestry, horticulture, or agriculture of the United States. Wild
mammals, wild birds, fish, mollusks, crustaceans, amphibians, and
reptiles are the only organisms that can be added to the injurious
wildlife list. The lists of injurious wildlife are provided at 50 CFR
16.11-16.15. If the process initiated by this notice results in the
addition of a species to the list of injurious wildlife contained in 50
CFR part 16, their importation into or transportation between States,
the District of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States would be prohibited,
except by permit for zoological, educational, medical, or scientific
purposes (in accordance with permit regulations at 50 CFR 16.22), or by
Federal agencies without a permit solely for their own use.
Public Comments
This notice of inquiry requests biological, economic, or other data
regarding the addition of live amphibians as injurious unless free of
Batrachochytrium dendrobatidis (chytrid fungus) to the list of
injurious wildlife. This information, along with other sources of data,
will be used to determine if live amphibians or their eggs that are
infected with Batrachochytrium dendrobatidis are a threat, or potential
threat, to those interests of the United States delineated above, and
thus warrant addition to the list of injurious wildlife in 50 CFR
16.14.
You may submit your information and materials concerning this
notice of inquiry by one of the methods listed in the ADDRESSES
section. If you submit a comment via http://www.regulations.gov, your
entire comment, including any personal identifying information, will be
posted on the Web site. If you submit a hardcopy comment that includes
personal identifying information, 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. We will post all
hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this notice of inquiry, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Room 770, 4401 North Fairfax Drive, Arlington, VA
22203.
We are soliciting information and supporting data from the public
to gain substantive information, and we specifically seek information
on the following questions regarding the importation of live amphibians
and their eggs infected with Batrachochytrium dendrobatidis (chytrid
fungus):
(1) What Federal, State, or tribal regulations exist to prevent the
spread of chytrid fungus?
(2) Are there any known mechanisms in the United States to test
for, control, or regulate movement or interstate transport of chytrid
fungus?
(3) How many businesses import live amphibians or their eggs into
the United States?
(4) How many businesses sell live amphibians or their eggs for
interstate commerce?
(5) What are the annual sales of these imported live amphibians and
their eggs?
(6) What species of amphibians, fish, or other class of animal have
been affected by chytrid fungus in the United States and how were they
infected?
(7) What are the current and potential effects to species listed as
threatened or endangered under the ESA that are contaminated with
chytrid fungus?
(8) What are the potential costs of recovering threatened or
endangered species affected by chytrid fungus?
(9) What is the likelihood that wild amphibians would be affected
by the importation of live amphibians or their eggs that harbor chytrid
fungus?
(10) What would it cost to eradicate chytrid fungus?
(11) Are there any potential benefits to allowing the chytrid
fungus pathogen to be imported?
(12) What is the potential for the industries that conduct trade in
amphibians to self-police through voluntary best practices; for
example, how successful is the ``Bd-Free `Phibs Campaign'' sponsored by
the Pet Industry Joint Advisory Council?
(13) What peer-reviewed methods for detecting chytrid fungus have
been published?
(14) Are there any other comments or information regarding the
listing of live amphibians as injurious unless free of chytrid fungus?
Dated: September 10, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-23039 Filed 9-16-10; 8:45 am]
BILLING CODE 4310-55-P