[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6930]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

50 CFR Part 24

RIN 1018-AC36

Endangered and Threatened Wildlife and Plants; Designated Ports for 
Listed Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (the Service) proposes to amend 
the regulations that establish designated ports for the importation, 
exportation, and reexportation of plants by adding the U.S. Department 
of Agriculture (USDA) ports at Gulfport, MS, Portland, OR, and 
Vancouver, WA, as designated ports for the importation of logs and 
lumber from trees that are listed as endangered or threatened, under 
the Endangered Species Act of 1973, as amended (the Act), or listed 
under the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES). The USDA has adequate facilities and 
personnel at these ports to qualify the ports as designated ports for 
the importation, exportation, and reexportation of plants under the 
terms of the Act and CITES. The addition of these three ports to the 
list of designated ports would facilitate trade and the enforcement of 
the Act and CITES.

DATES: Comments must be submitted on or before May 23, 1994. Requests 
for a public hearing must be received by May 9, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Director, U.S. Fish and Wildlife Service, Office of 
Management Authority, 1849 C Street NW. (MS 420 C ARLSQ), Washington, 
DC 20240. Comments and materials may be hand-delivered to 4401 North 
Fairfax Drive, room 420 C, Arlington, Virginia 22203 between the hours 
of 8 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Marshall P. Jones, Chief, Office of 
Management Authority, U.S. Fish and Wildlife Service, 1849 C Street 
NW., (MS 420 C ARLSQ), Washington, DC 20240, telephone (703) 358-2095.

SUPPLEMENTARY INFORMATION:

Background

    The Endangered Species Act of 1973, as amended (the Act), requires, 
among other things, that plants be imported, exported, or reexported 
only at designated ports or, under certain limited circumstances, at 
nondesignated ports. Section 9(f) of the Act (16 U.S.C. 1538(f)) 
provides for the designation of ports. Under section 9(f)(1), the 
Secretary of the Interior (the Secretary) has the authority to 
establish designated ports based on a finding that such an action would 
facilitate enforcement of the Act and reduce the costs of that 
enforcement. The United States Department of Agriculture (USDA) and the 
Secretary are responsible for enforcing provisions of the Act and the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) relating to the importation, exportation, and 
reexportation of plants listed as endangered or threatened under the 
Act or listed under CITES.
    The regulations contained in 50 CFR part 24, ``Importation and 
Exportation of Plants,'' are for the purpose of establishing ports for 
the importation, exportation, and reexportation of plants. Plants that 
are listed as endangered or threatened in 50 CFR 17.12 or in the 
appendices to CITES in 50 CFR 23.23 are required to be accompanied by 
documentation and may be imported, exported, or reexported only at one 
of the USDA ports listed in Sec. 24.12(a) of the regulations. Certain 
other USDA ports are designated for the importation, exportation, or 
reexportation of specific listed plants. Section 24.12(e) of the 
regulations contains a list of USDA ports that are, for the purposes of 
the Act and CITES, designated ports for the importation, exportation, 
and reexportation of plants that are not listed as endangered or 
threatened or under CITES. (The USDA regulations in 7 CFR 319.37 
contain additional prohibitions and restrictions governing the 
importation of plants through those ports.)
    For the purposes of its enforcement of the Act and CITES, the 
Service requires that a port have personnel with expertise in 
identifying endangered or threatened plants, and CITES listed plants, 
to ensure that such plants are properly identified by their 
accompanying documentation. A port must also possess adequate 
facilities for holding live plants and plant material, since plants are 
subject to seizure if imported, exported, or reexported in violation of 
the Act or CITES. The Service further requires that, whenever possible, 
ports be located to coincide with established patterns of plant trade 
in order to help reduce shipping costs.
    The Service has been asked to add the USDA ports at Gulfport, MS, 
Portland, OR, and Vancouver, WA, to the list of designated ports for 
the importation of logs and lumber from trees listed as endangered or 
threatened under the Act or listed under CITES. Logs and lumber from 
listed trees may currently be imported through one of the designated 
ports for the importation of logs and lumber from trees listed as 
endangered or threatened or under CITES, or through one of the USDA 
ports designated for the importation, exportation, or reexportation of 
plants listed as endangered or threatened or under CITES. Currently, 
importers wishing to import logs and lumber from listed trees into a 
U.S. port on the Gulf of Mexico may use only Mobile, AL, New Orleans, 
LA, and Houston and Brownsville, TX. Importers wishing to import logs 
and lumber from listed trees into a port in the northwestern United 
States have only the port of Seattle, WA.
    After consultations with the USDA, the Service has determined that 
the USDA ports at Gulfport, MS, Portland, OR, and Vancouver, WA, 
possess adequate facilities and personnel to carry out enforcement 
activities related to the Act and CITES. Additionally, these locations 
appear to coincide with established patterns of trade. Therefore, the 
Service proposes to add these ports to the list of designated ports for 
the importation of logs and lumber from listed trees.

Requests for Public Hearing

    Section 9(f)(1) of the Act provides that any person may request an 
opportunity to comment at a public hearing before the Secretary confers 
designated port status on any port. Accordingly, the Service will 
accept public hearing requests within 45 days of the publication of 
this proposed rule. These requests should be sent to the Office of 
Management Authority address listed in the ADDRESSES section of this 
document.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule was not subject to Office of Management and 
Budget (OMB) review under Executive Order 12866.
    The Service believes that adding the USDA ports at Gulfport, MS, 
Portland, OR, and Vancouver, WA, to the list of designated ports for 
the importation of logs and lumber from trees listed as endangered or 
threatened under the Act or listed under CITES would have a positive 
economic impact. These ports are significant ports of entry for logs 
and lumber, but they currently may not be used to import logs and 
lumber from listed trees. Currently, importers wishing to import logs 
and lumber from listed trees into a U.S. port on the Gulf of Mexico may 
use only Mobile, AL, New Orleans, LA, and Houston and Brownsville, TX. 
Importers wishing to import logs and lumber from listed trees into a 
port in the northwestern United States have only the port of Seattle, 
WA. Adding Gulfport, MS, Portland, OR, and Vancouver, WA, to the list 
of designated ports for the importation of logs and lumber from trees 
listed as endangered or threatened or under CITES would result in a 
savings in time and transportation costs for importers of logs and 
lumber.
    Under these circumstances, the Service has determined that this 
action would not have a significant economic impact on a substantial 
number of small entities, as described in the Regulatory Flexibility 
Act (5 U.S.C. 601).

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. The Office of the Solicitor has determined that 
the requirements of Executive Order 12778 have been satisfied.

National Environmental Policy Act

    The Service has determined that this proposed rule to add 
designated ports under authority of the Endangered Species Act of 1973 
for the importation and exportation of plants is not a major Federal 
action which would significantly affect the quality of the human 
environment within the meaning of section 102(2)(C) of the National 
Environmental Policy Act of 1969.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of List of the Subjects in 50 CFR Part 24

    Endangered and threatened species, exports, harbors, imports and 
plants.

    Accordingly, we propose to amend 50 CFR part 24 as follows:

PART 24--IMPORTATION AND EXPORTATION OF PLANTS

    1. The authority citation for part 24 continues to read as follows:

    Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat. 893, 
897 (16 U.S.C. 1538(f)(1), 1540(f)).


Sec. 24.12  [Amended]

    2. In Sec. 24.12, paragraph (e) would be amended by adding the 
words ``Gulfport, Mississippi;'' after ``Baltimore, Maryland;'', by 
adding the words ``Portland, Oregon;'' after ``Wilmington and Morehead 
City, North Carolina;'', and by removing the words ``and Norfolk, 
Virginia,'' and adding the words ``Norfolk, Virginia; and Vancouver, 
Washington,'' in their place.

    Dated: February 26, 1994.
George T. Frampton, Jr.,
Assistant Secretary, Fish and Wildlife and Parks
[FR Doc. 94-6930 Filed 3-23-94; 8:45 am]
BILLING CODE 4310-55-P