[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Proposed Rules]
[Pages 39347-39350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18970]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 23

RIN 1018-AC70


Export of River Otters Taken in Tennessee in the 1995-96 and 
Subsequent Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES) regulates international trade in certain 
animal and plant species. Exports of animals and plants listed on 
Appendix II of CITES require an export permit from the country of 
origin. As a general rule, export permits are only issued after two 
conditions are met. First, the exporting country's CITES Scientific 
Authority must advise the permit-issuing CITES Management Authority 
that such exports will not be detrimental to the survival of the 
species. This advice is known as a ``no-detriment'' finding. Second, 
the Management Authority must make a determination that the animals or 
plants were not obtained in violation of laws for their protection. If 
live specimens are being exported, the Management Authority must also 
determine that the specimens are being shipped in a humane manner with 
minimal risk of injury or damage to health.
    The purpose of this proposed rulemaking is to announce proposed 
findings by the Scientific and Management Authorities of the United 
States on the proposed export of river otters harvested in the State of 
Tennessee, and to propose the addition of Tennessee to the list of 
States and Indian Nations for which the export of river otters is 
approved. The Service intends to apply these findings to harvests in 
Tennessee during the 1995-96 season and subsequent seasons, subject to 
the conditions applying to approved States.

DATES: The Service will consider comments received on or before October 
2, 1995 in making its final determination on this proposal.

 
[[Page 39348]]

ADDRESSES: Please send correspondence concerning this proposed rule to 
the Office of Scientific Authority; Mail Stop: 725 Arlington Square; 
U.S. Fish and Wildlife Service; 1849 C St. NW, Washington, DC 20240 
(FAX number 703-358-2276). Express and messenger-delivered mail should 
be addressed to the Office of Scientific Authority; Room 750, 4401 
North Fairfax Drive; Arlington, Virginia, 22203. Comments and materials 
received will be available for public inspection, by appointment, from 
8 a.m. to 4 p.m., Monday through Friday, at the Arlington Square 
Building, 4401 North Fairfax Drive, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT:

Scientific Authority Finding--Dr. Marshall A. Howe, Office of 
Scientific Authority; phone 703-358-1708; FAX 703-358-2276.
Management Authority Findings/State Export Programs--Ms. Carol Carson, 
Office of Management Authority; Mail Stop: Arlington Square, Room 420c; 
U.S. Fish and Wildlife Service; Washington, DC 20240 (phone 703-358-
2095; FAX 703-358-2280).

SUPPLEMENTARY INFORMATION: On January 5, 1984 (49 FR 590), the Service 
published a rule granting export approval for river otters and certain 
other CITES-listed species of furbearing mammals from specified States 
and Indian Nations and Tribes for the 1983-84 and subsequent harvest 
seasons. In succeeding years, approval for export of one or more 
species of furbearers has been granted to other States and Indian 
Nations, Tribes, or Reservations through the rulemaking process. These 
approvals were and continue to be subject to certain population 
monitoring and export requirements. The purpose of this notice is to 
announce proposed findings by the Scientific and Management Authorities 
of the United States on the proposed export of river otters, Lontra 
(=Lutra) canadensis, harvested in the State of Tennessee, and to add 
Tennessee to the list of States and Indian Nations for which the export 
of river otters is approved. The Service proposes these findings for 
the export of specimens harvested in the State of Tennessee during the 
1995-96 season and subsequent seasons, subject to the conditions 
applying to other approved entities.
    CITES regulates import, export, re-export, and introduction from 
the sea of certain animal and plant species. Species for which the 
trade is controlled are included in three appendices. Appendix I 
includes species threatened with extinction that are or may be affected 
by trade. Appendix II includes species that, although not necessarily 
now threatened with extinction, may become so unless trade in them is 
strictly controlled. It also lists species that must be subject to 
regulation in order that trade in other currently or potentially 
threatened species may be brought under effective control (e.g., 
because of difficulty in distinguishing specimens of currently or 
potentially threatened species from those of other species). Appendix 
III includes species that any Party identifies as being subject to 
regulation within its jurisdiction for purposes of preventing or 
restricting exploitation, and for which it needs the cooperation of 
other Parties to control trade.
    In the January 5, 1984, Federal Register (49 FR 590), the Service 
announced the results of a review of listed species at the Fourth 
Conference of the CITES Parties that certain species of furbearing 
mammals, including the river otter, should be regarded as listed in 
Appendix II of CITES because of similarity in appearance to other 
listed species or geographically separate populations. The January 5, 
1984, document described how the Service, as Scientific Authority, 
planned to monitor annually the population and trade status of each of 
these species and to institute restrictive export controls if 
prevailing export levels appeared to be contributing to a trend of 
long-term population decline. The document also described how the 
Service, as Management Authority, would require States to assure that 
specimens entering trade are marked with approved, serially unique tags 
as evidence that they had been legally acquired.

Scientific Authority Findings

    Article IV of CITES requires that, before a permit to export a 
specimen of a species included in Appendix II can be granted by the 
Management Authority of an exporting country, the Scientific Authority 
must advise ``that such export will not be detrimental to the survival 
of that species.'' The Scientific Authority for the United States must 
develop such advice, known as a no-detriment finding, for the export of 
Appendix II animals in accordance with Section 8A(c)(2) of the 
Endangered Species Act of 1973, as amended (the Act). The Act states 
that the Secretary of the Interior is required to base export 
determinations and advice ``upon the best available biological 
information derived from professionally accepted wildlife management 
practices; but is not required to make, or require any State to make, 
estimates of population size in making such determinations or giving 
such advice.''
    The river otter is managed by the wildlife agencies of individual 
States or Indian Nations. Those States and Indian Nations from which 
the Service has approved the export of river otters in 1983-84 and 
subsequent seasons were identified in the January 5, 1984, Federal 
Register (49 FR 590) and listed in 50 CFR 23.53. Each export-approved 
State or Indian Nation in which this animal is harvested has a program 
to regulate the harvest. Based on information received from the State 
of Tennessee, the Service proposes adding that State to the list of 
States and Indian Nations approved for export of river otters.
    Given that the river otter is listed on Appendix II of CITES 
primarily because of similarity of appearance to other listed species 
in need of rigorous trade controls, an important component of the no-
detriment finding by the Scientific Authority is consideration of the 
impact of river otter trade on the status of these other species. The 
Scientific Authority has determined that the dual practice of (1) 
issuing export permits naming the species being traded and (2) marking 
pelts with tags bearing the name of the species, country and State of 
origin, year of harvest, and a unique serial number, is sufficient to 
eliminate potential problems of confusion with, and therefore risk to, 
other listed species (see Management Authority Findings for tag 
specifications).
    In addition to considering the effect of trade on species or 
populations other than those being exported from the United States, the 
Service will regularly examine information provided by the State of 
Tennessee to determine if there is a population decline in river otters 
that might warrant more restrictive export controls. This monitoring 
and assessment will follow the same procedures adopted for other States 
and Indian Nations. As part of this monitoring program, the States and 
Indian Nations that have been approved for export of river otters are 
requested annually to certify that the best available biological 
information derived from professionally accepted wildlife management 
practices indicates that harvest of river otters during the forthcoming 
season will not be detrimental to the survival of the species.
    Whenever available information from the States or other sources 
indicates a possible problem in a particular State, the Scientific 
Authority will conduct a comprehensive review of accumulated 
information to determine whether conclusions about the treatment of 
these species as listed for similarity of 

[[Page 39349]]
appearance need to be adjusted in the State.
    Natural repopulation of river otters has been occurring in western 
Tennessee since the 1950's. This increase is consistent with a 
widespread pattern in the United States and is believed, in part, to 
reflect colonization of suitable habitat created recently by a rapidly 
expanding beaver population. Tennessee has supported a study of the 
demography, food habits, and habitat use of river otters in the State. 
The results of these studies show that age and sex ratios of river 
otters in western Tennessee are similar to those of healthy river otter 
populations elsewhere, including populations experiencing harvest.
    The Tennessee Wildlife Resources Agency has conducted experimental 
river otter trapping seasons annually since 1989 in the western part of 
the State. Total annual harvest has ranged from 71 (1990-91) to 176 
(1992-93). In the central and eastern parts of Tennessee, this species 
is still classified under State law as threatened and is not legally 
harvested at this time. The available biological and harvest 
information leads the Service to conclude that export of river otters 
legally harvested in Tennessee will not be detrimental to the survival 
of the species.
    All otters taken by trappers are required to be marked with special 
tags approved by the Wildlife Resources Agency. The State also conducts 
a questionnaire survey of licensed trappers annually. These surveys 
identify the size and geographic derivation of the river otter harvest 
and will provide insight into State river otter population trends over 
time. Analysis of these data should detect population declines 
symptomatic of either an unhealthy population or overharvest in time to 
take corrective action through regulatory adjustments or other means.
    Based upon (a) the information presented by the Tennessee Wildlife 
Resources Agency, including river otter harvest regulations, and (b) 
the determination that permitting and tagging requirements will 
eliminate the possibility that other similar-appearing, CITES-listed 
species in trade will be misrepresented as river otters, the Service 
proposes to issue Scientific Authority advice in favor of export of 
river otters harvested in 1995-96 and subsequent seasons from 
Tennessee.

Management Authority Findings

    Exports of Appendix II species are allowed under CITES only if the 
Management Authority is satisfied that the specimens were not obtained 
in contravention of laws for the protection of the involved species. 
The Service, therefore, must be satisfied that the river otter pelts, 
hides, or products being exported were not obtained in violation of 
State, Indian Nation, Tribal, Reservation, or Federal law in order to 
allow export. Evidence of legal taking for Alaskan gray wolf, Alaskan 
brown or grizzly bear, American alligator, bobcat, lynx, and river 
otter is provided by State or tribal tagging programs. The Service 
annually contracts for the manufacture and delivery of special CITES 
animal-hide tags for export-qualified States and Indian Nations, 
Tribes, and Reservations. The Service has adopted the following export 
requirements for the 1983-84 and subsequent seasons:
    (1) Current State or Indian Nation, Tribe, or Reservation hunting, 
trapping, and tagging regulations and sample tags must be on file with 
the Office of Management Authority;
    (2) The tags must be durable and permanently locking and must show 
U.S.-CITES logo, State or Indian Nation, Tribe, or Reservation of 
origin, year of take, species, and a unique serial number;
    (3) The tag must be attached to all pelts taken within a minimum 
time after take, as specified by the State and Indian regulation, and 
such time should be as short as possible to minimize movement of 
untagged pelts;
    (4) The tag must be permanently attached as authorized and 
prescribed by the State or Indian regulation;
    (5) Takers/dealers who are licensed/registered by States or Indian 
Nations, Tribes, or Reservations must account for tags received and 
must return unused tags to the State or Indian Nation, Tribe, or 
Reservation within a specified time after the taking season closes; 
and,
    (6) Fully manufactured fur (or hide) products may be exported from 
the United States only when the CITES export tags, removed from the 
hides used to make the product being exported, are surrendered to the 
Service prior to export.

Proposed Export Decision

    The Service proposes to approve exports of Tennessee river otters 
harvested during the 1995-96 or subsequent harvest seasons on the 
grounds that both Scientific Authority and Management Authority 
criteria have been satisfied.

Comments Solicited

    The Service requests comments on these proposed findings and the 
proposed rulemaking adding Tennessee to the list of States approved for 
export of river otters. The final decision on this proposed rule will 
take into account comments received and any additional information 
received. Such consideration may lead to findings different from those 
presented in this proposal.

Effects of the Rule and Required Determinations

    The Department has previously (48 FR 37494) determined that the 
export of river otters of various States and Indian Tribes or Nations, 
taken in the 1983-84 and subsequent harvest seasons, was not a major 
Federal action that would significantly affect the quality of the human 
environment under the National Environmental Policy Act (42 U.S.C. 
4321-4347). This action is covered under an existing Departmental 
categorical exclusion for amendments to approved actions when such 
changes have no potential for causing substantial environmental impact.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866 and will not have significant economic 
effects on a substantial number of small entities as outlined under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because the existing 
rule treats exports on a State-by-State and Indian Nation-by-Indian 
Nation basis and proposes to approve export in accordance with a State 
or Indian Nation, Tribe, or Reservation management program, the rule 
will have little effect on small entities in and of itself. The 
proposed rule would allow continued international trade in river otters 
from the United States in accordance with CITES, and it does not 
contain any Federalism impacts as described in Executive Order 12612.
    This proposed rule does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.
    This proposal is issued under authority of the Endangered Species 
Act of 1973 as amended (16 U.S.C. 1531 et seq.). The authors are 
Marshall A. Howe, Office of Scientific Authority, and Carol Carson, 
Office of Management Authority.

List of Subjects in 50 CFR Part 23

    Endangered and threatened wildlife, Exports, Imports, 
Transportation, Treaties.

PART 23--ENDANGERED SPECIES CONVENTION

    Accordingly, the Service proposes to amend Part 23 of Title 50, 
Code of Federal Regulations, as set forth below: 

[[Page 39350]]

    1. The authority citation for Part 23 continues to read as follows:

    Authority: Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, 27 U.S.C. 1087; and Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    2. In Subpart F--Export of Certain Species, revise Sec. 23.53 to 
read as follows:


Sec. 23.53  River otter (Lontra canadensis).

    States for which the export of the indicated season's harvest may 
be permitted under Sec. 23.15 of this part:
    (a) States and Harvest Seasons Approved for Export of River Otter 
From the United States.

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                                                                                                                               1983-84 and   1995-96 and
                                           1977-78 \1\  11978-79 \2\   1979-80 \3\     1980-81       1981-82       1982-83     subsequent    subsequent 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................            Q             +             +             +             +             +             +             + 
Alaska..................................            +             +             +             +             +             +             +             + 
Arkansas................................            Q             +             +             +             +             +             +             + 
Connecticut.............................            Q             +             +             +             +             +             +             + 
Delaware................................            Q             +             +             +             +             +             +             + 
Florida.................................            Q             +             +             +             +             +             +             + 
Georgia.................................            Q             +             +             +             +             +             +             + 
Louisiana...............................            Q             +             +             +             +             +             +             + 
Maine...................................            Q             +             +             +             +             +             +             + 
Maryland................................            Q             +             +             +             +             +             +             + 
Massachusetts...........................            Q             +             +             +             +             +             +             + 
Michigan................................            Q             +             +             +             +             +             +             + 
Minnesota...............................            Q             +             +             +             +             +             +             + 
Mississippi.............................            Q             +             +             +             +             +             +             + 
Montana.................................            Q             +             +             +             +             +             +             + 
New Hampshire...........................            Q             +             +             +             +             +             +             + 
New Jersey..............................            -             -             -             -             -             +             +             + 
New York................................            Q             +             +             +             +             +             +             + 
North Carolina..........................            Q             +             +             +             +             +             +             + 
Oregon..................................            Q             +             +             +             +             +             +             + 
Penobscot Nation........................            -             -             -             -             -             -             +             + 
Rhode Island............................            Q             +             -             -             -             -             -             - 
South Carolina..........................            Q             +             +             +             +             +             +             + 
Tennessee...............................            -             -             -             -             -             -             -            +* 
Vermont.................................            Q             +             +             +             +             +             +             + 
Virginia................................            Q             +             +             +             +             +             +             + 
Washington..............................            Q             +             +             +             +             +             +             + 
Wisconsin...............................            Q             +             +             +             +             +             +            +  
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\1\ For further information see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.                                  
\2\ For further information see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR     
  35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978.                                                                      
\3\ For further information see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR
  55540, Sept. 26, 1979.                                                                                                                                
Q Export approved with quota.                                                                                                                           
+ Export approved.                                                                                                                                      
- Export not approved.                                                                                                                                  
* Export for 1994-95 approved administratively.                                                                                                         

    (b) Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently 
attached, serially numbered tag of a type approved by the Service and 
attached under conditions established by the Service. Exception to 
tagging requirement: finished furs and fully manufactured fur products 
may be exported from the U.S. when the State export tags, removed from 
the pelts used to manufacture the product being exported, are 
surrendered to the Service before export. Such tags must be removed by 
cutting the tag straps on the female side next to the locking socket of 
the tag, so that the locking socket and locking tip remain joined.

    Dated: July 14, 1995.
Robert P. Davison,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-18970 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-55-P