[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2454-2457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1338]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

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: Final 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. Then 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.
    This document announces final findings by the Scientific and 
Management Authorities of the United States that approve 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 same conditions applying to States 
previously approved.

EFFECTIVE DATE: January 26, 1996.

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 Finding/State Export Programs/Export Permits--
Ms. Carol Carson, Office of Management Authority; phone 703-358-2095; 
fax 703-358-2280.

SUPPLEMENTARY INFORMATION: 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 

[[Page 2455]]
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 other species that must be subject to regulation in order 
that trade in currently or potentially threatened species may be 
brought under effective control (e.g., species difficult to distinguish 
from currently or potentially threatened 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 decision made at the Fourth Conference of the CITES 
Parties that certain species of furbearing mammals, including the river 
otter, should be regarded as being listed in Appendix II of CITES 
because of similarity in appearance to other listed species or 
geographically separate populations. The January 5, 1984, notice also 
contained a rule approving the export of specimens of one or more such 
furbearing species taken in specified States and Indian Nations and 
Tribes during the 1983-84 and subsequent harvest seasons. Subsequently, 
export of specimens taken in several additional States and Indian 
Nations, Tribes, or Reservations was similarly approved through the 
rulemaking process.
    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 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.
    This is the second Federal Register document concerning the 
Service's findings on export of river otters, Lontra (formerly Lutra) 
canadensis taken in Tennessee. The first document (60 FR 39347; August 
2, 1995) announced the Service's proposed findings on the export of 
river otters taken in Tennessee in the 1995-96 season and subsequent 
seasons and solicited public comments.
    The purpose of this rule is to add Tennessee to the list of States 
and Indian Nations for which the export of river otters is approved (50 
CFR Sec. 23.53). The Service will apply these findings to harvests in 
Tennessee during the 1995-96 season and subsequent seasons, subject to 
the same conditions applying to other approved entities.

Comments and Information Received

    No comments or information were received concerning the August 2, 
1995, Federal Register (60 FR 39347) notice proposing export of river 
otters taken in the State of Tennessee.

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.''
    Because 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 other listed species (see 
Management Authority Findings for tag specifications).
    Primary responsibility for managing river otters lies with wildlife 
agencies of individual States or Indian Nations. Each export-approved 
State or Indian Nation in which this animal is harvested (50 CFR 
Sec. 23.53) collects and reports various kinds of information as part 
of their harvest management programs. In addition to considering the 
effect of river otter trade on other CITES-listed species, the Service 
regularly examines information from these State or Indian Nation 
harvest management programs. This ongoing monitoring and assessment is 
in accordance with the January 5, 1984, Federal Register (49 FR 590). 
Whenever available information 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 
appearance need to be adjusted in the State. Approved entities 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.
    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. The Tennessee Wildlife Resources Agency 
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 conducted experimental 
river otter trapping seasons annually from the 1989-90 season through 
the 1994-95 season in the western part of the State. Total annual 
harvest has ranged from 71 (1990-91) to 230 (1994-95). 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 Tennessee 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 

[[Page 2456]]
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 Scientific 
Authority finds that export of river otters harvested in 1995-96 and 
subsequent seasons from Tennessee will not be detrimental to the 
survival of the species or to the survival of other species the river 
otter is listed to protect.

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. A system based on tagging requirements, to determine 
whether specimens have been lawfully acquired, was stipulated in the 
January 5, 1984, Federal Register (49 FR 590). The Service has 
continued to monitor the implementation of these regulations and 
considers that these programs provide reasonable assurance that river 
otter specimens being exported were not obtained in violation of laws 
established for their protection. The Management Authority finds that 
the State of Tennessee has demonstrated the capability to manage a 
tagging program according to these requirements.

Export Approval

    This document represents the final administrative step in 
procedures established to authorize export of river otters and other 
designated furbearing mammals from Service-approved States and Indian 
Nations and Tribes in accordance with CITES. Accordingly, the export of 
Tennessee river otters harvested during the 1995-96 and subsequent 
harvest seasons is now approved, on the grounds that both Scientific 
Authority and Management Authority criteria have been satisfied.
    The Department has determined, within the meaning of 5 U.S.C. 
553(d) (1) and (3) of the Administrative Procedure Act, that there is 
good cause to make these findings and rule effective immediately. It is 
the Department's opinion that a delay in the effective date of the 
regulations after this rule is published could affect the export of 
pelts taken in the harvest season that is about to begin in Tennessee. 
Such delays could have adverse economic impacts on individual trappers 
and dealers that are directly affected by the finding. Because 
Scientific and Management Authority criteria have been satisfied, it 
follows that making this rule effective immediately will not adversely 
affect the species involved. This approval is subject to revision prior 
to any subsequent taking season in any State, Indian Nation, or Indian 
Tribe, if a review of information reveals that Management Authority or 
Scientific Authority findings in favor of export should be changed.

Effects of the Rule and Required Determinations

    The Department has previously determined (48 FR 37494, August 18, 
1983) that the export of river otters of various States and Indian 
Tribes or Nations, taken in the 1983-84 and subsequent harvest seasons, 
is 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 rule 
will 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 rule has been examined under the Paperwork Reduction Act of 
1995 and has been found to contain no information collection 
requirements.
    This rule 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 species, Exports, Imports, Treaties.

Regulation Promulgation

    For reasons set forth in the preamble of this document, Part 23 of 
Title 50, Code of Federal Regulations, is amended as follows:

PART 23--ENDANGERED SPECIES CONVENTION

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

    Authority: Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, 27 U.S.T. 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\   1978-79 \2\   1979-80 \3\     1980-81       1981-82       1982-83    subse- quent  subse- quent
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Alabama.................................            Q             +             +             +             +             +             +             + 
Alaska..................................            +             +             +             +             +             +             +             + 
Arkansas................................            Q             +             +             +             +             +             +             + 
Connecticut.............................            Q             +             +             +             +             +             +             + 
Delaware................................            Q             +             +             +             +             +             +             + 
Florida.................................            Q             +             +             +             +             +             +             + 
Georgia.................................            Q             +             +             +             +             +             +             + 
Louisiana...............................            Q             +             +             +             +             +             +            +  

[[Page 2457]]
                                                                                                                                                        
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 United States 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: November 28, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1338 Filed 1-25-96; 8:45 am]
BILLING CODE 4310-55-P