[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Proposed Rules]
[Pages 11179-11181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6453]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 10, 14, 15, 16, 17, 18, and 23
Proposed Consolidation of Lists of Wildlife and Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Request for comments.
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SUMMARY: Fish and Wildlife Service announces contemplated consolidation
and changes in format and presentation of numerous lists of wild plants
or animals (hereinafter ``wildlife'') subject to Federal regulation
pursuant to several statutes and treaties. The intent is to provide a
simplified, consolidated means for interested persons to determine
whether anticipated activities involving wildlife are subject to such
regulation and, if so, to refer the user directly to relevant
regulations where he or she can learn what must be done to conduct such
activities lawfully. This contemplated action will not add, delete or
transfer any taxon to, from or between any existing list(s) nor, in any
other way, modify the legal status of any wildlife now included on
those lists.
DATES: Comments must be received on or before May 3, 1996.
ADDRESSES: Comments and materials concerning this proposal may be
submitted to the Assistant Director, International Affairs, U.S. FWS,
4401 North Fairfax Drive, Mail Stop: 434, Arlington, Virginia 22203
(Fax 703-358-2280).
FOR FURTHER INFORMATION CONTACT: Mr. Earl B. Baysinger, telephone (703)
358-1915.
SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service)
hereby notifies interested persons, as a part of the President's
``Regulatory Reform Initiative,'' that the Service contemplates
consolidating and changing the format and presentation of certain lists
of wildlife now maintained in Title 50 of the Code of Federal
Regulations (50 CFR).
The purpose of this action is to simplify the task of determining
what actions are permitted, restricted or otherwise regulated with
regard to wildlife protected or otherwise subject to certain provisions
of: The Convention on International Trade in Endangered Species of Wild
Fauna and Flora, TIAS 8249; the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531-1543; the Migratory Bird Treaty Act, as
amended, 16 U.S.C. 703-712; the Wild Bird Conservation Act, 16 U.S.C.
4901-4916; the ``Injurious Wildlife'' provisions of the Lacey Act, as
amended, 18 U.S.C. 42; and the Marine Mammal Protection Act of 1972, as
amended, 16 U.S.C. 1361-1407.
At present, approximately 17 lists identifying such wildlife and
relevant regulations are scattered throughout 50 CFR and there are no
effective cross-references. Many species or other taxa appear on two or
more lists and the legal requirements associated with each list apply
to such taxa. It is possible that persons attempting to determine what
restrictions may apply to contemplated activities involving a given
taxon could overlook one or more relevant list(s) and, therefore,
inadvertently fail to conduct their activities in compliance with
applicable laws or regulations. Such violations frequently are subject
to serious penalties.
The opposite also is true. A person unable easily to determine what
restrictions apply to his or her activities may be inhibited from
carrying out activities that are not prohibited by law. Some wildlife
may receive protection not needed; others may fail to receive needed
and entitled consideration and both governmental personnel and those
whose activities may be regulated spend considerable time and effort
attempting to explain, understand and/or comply with those regulations.
These situations work to the detriment of the wildlife of concern, the
individual conducting the activities, the Service, and also exacerbate
public concern over Federal regulations.
This action also is intended to enhance the efficiency and
effectiveness of personnel of the Service, other Federal, State, and
foreign agencies, non-governmental organizations and individuals who
enforce those statutes, those who advise the public concerning their
provisions or those who have other interests in such legally classified
wildlife. This action will not add, delete or transfer any taxon to,
from or between any existing list(s), nor will it, in any other way,
modify the legal status of any wildlife now included on any of those
lists.
This action will consolidate the numerous lists of wildlife
promulgated pursuant to those statutes into a single list. That list
will be subdivided into two major divisions: animals and plants. Each
of those lists will be subdivided into yet-to-be determined taxonomic
groups (probably Orders or Families). Taxa within those taxonomic
groups will be listed alphabetically by genus and by species within
genus sequence. This consolidated list will be presented in two forms:
alphabetic by Latin name and alphabetic by English (where available)
Common Name.
Those alphabetized lists will be presented in a matrix format with
the names of the taxa in rows down the vertical axis. References to the
relevant lists and the statutes from which they derive will be arrayed,
at the heads of vertical columns, across the horizontal axis.
Indicators in the box formed by intersection of a row containing a
taxon's name with a vertical column containing the name of a list will
indicate that taxon is on that list. Information at the top of the
vertical column(s) will refer the reader to the Section(s) in 50 CFR
containing relevant regulations. The matrix also will refer the user to
a set of expansive ``footnotes'' containing further information
concerning specific taxa. Such information will include, but not
necessarily be limited to: descriptions of any administratively
determined ``populations;'' applicable ``special rules,'' or other
relevant information not otherwise easily locatable.
These consolidated lists and matrix will provide a ``user
friendly,'' species-oriented index to regulations in 50 CFR that relate
to taxa on those lists. A user simply would scan down whatever
alphabetical list is most easily used with the information available
(Latin or Common name). If the name of the taxon is not included, there
will be no need to search out and scan other lists.
Assuming the user used the correct Latin or common name, he or she
safely can assume the taxon of interest has not been placed on any of
those lists and statutes relevant to the combined list are not
applicable.
If the name is found, a quick scan across the row in which the name
appears will inform the user whether any administrative ``population''
or ``special regulation'' is involved and upon which list(s) the taxon
has been placed. The built-in cross references would direct the user to
that information.
Experience has shown users frequently are aware of the significance
of a taxon's presence on these existing lists but, since other Federal
agencies' regulations are published in different titles of the CFR, are
unaware those agencies also regulate activities involving that taxon.
Conscientious persons who complied with regulations published in 50 CFR
have found themselves in noncompliance with other agencies' regulations
in other titles that apply to that same taxon. As a public service and
to reduce the likelihood of such unintentional violations, the Service
contemplates inclusion in the matrix of a cross
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reference to identify and alert the user to taxa on the consolidated
list that also are of concern to other Federal agencies.
This action still is in the conceptual stage and comments or
suggestions are welcomed. This notice was prepared under the authority
of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: February 21, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-6453 Filed 3-18-96; 8:45 am]
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