[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Proposed Rules]
[Pages 14543-14547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7979]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018-AD63


Export of River Otters Taken in Missouri in the 1996-97 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 rule-making is to announce proposed 
findings by the Scientific and Management Authorities of the United 
States on the export of river otters harvested in the State of 
Missouri, and to add Missouri 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 Missouri during the 1996-97 
season and subsequent seasons, subject to the conditions applying to 
approved States.

DATES: The Service will consider comments received on or before June 3, 
1996 in making its final determination on this proposal.

ADDRESSES: Please send correspondence concerning this proposed rule to 
the Office of Scientific Authority; Room 725 (Room 750 for express and 
messenger-delivered mail), U. S. Fish and Wildlife Service, 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 rule-making 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 
canadensis, harvested in the State of Missouri, and to add Missouri 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 Missouri during the 1996-97 
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

[[Page 14544]]
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. Most 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. The State of Tennessee 
was approved administratively for the 1994-95 season and through a 
rulemaking for 1995-96 and subsequent seasons (61 FR 2454, January 26, 
1996). 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 Missouri, 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 on river otters in the State 
of Missouri to determine if there is a population decline 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 appearance need to be 
adjusted in the State.
    Originally a common resident of Missouri, river otters were nearly 
extirpated from the State between 1860 and 1910. Seventy animals were 
estimated to survive in the southeastern part of Missouri by the mid-
1930's. Because most significant habitat change has occurred more 
recently, it is believed that this early population decline was a 
consequence of unregulated harvest. Although legal protection for the 
species was established in 1937, the species did not begin to stage a 
recovery until a reintroduction program was initiated in 1982. Between 
1982 and 1993, 845 river otters obtained from Louisiana, Arkansas, and 
Ontario were released in 13 of 14 major watersheds in Missouri. All 
otters were marked with ear and web tags to maximize reporting rate of 
encounters and to facilitate monitoring of reproductive success.
    During the experimental release program, the following management 
procedures were implemented: (a) restrictive beaver-trapping 
regulations to reduce incidental catch of otters in the vicinity of 
release sites, (b) routine examination of carcasses recovered, (c) 
winter aerial surveys for otter sign (tracks, slides), (d) distribution 
of forms for reporting incidental sightings of otters for use 
statewide, and (e) a radiotelemetry study to monitor movements and 
survival of released animals.
    In the population of 31 radio-tagged animals released at two sites 
between 1982 and 1984, annual survival rate was determined to be 81 
percent. Since 1987, 255 (96 percent) of 266 otters reported trapped 
incidental to other trapping operations were untagged, suggesting that 
animals tagged and released were also reproducing successfully. 
Examination of female carcasses recovered during this program indicated 
an average litter size of 2.5, comparable to average litter sizes in 
other studies. Using this information, supplemented by estimates of 
age-specific pregnancy rates based on studies of other populations, a 
population modelling exercise was conducted for each watershed in which 
otters were released. Application of the model yielded a statewide 
population estimate of 2,500 river otters in watersheds where releases 
were made (3,000 to 3,200 for the entire State, including the 
southeastern sector) in the spring of 1995. Using the same model and 
assuming a harvest rate of 10 percent and a constant rate of population 
growth, populations in the release areas in year 2000 were projected 
based on two competing scenarios: (a) That all trapping mortality is 
offset by declines in other mortality sources (compensatory mortality) 
and (b) that all trapping mortality is additive to other mortality 
sources (additive mortality). In scenario (a) the population increases 
from 2,500 to 5,900 by the year 2000 and in scenario (b), after a brief 
decline, it increases from 2,500 to 3,300. The true population 
trajectory is likely to lie between these two model projections.
    Except for the immediate vicinities of the Missouri and Mississippi 
Rivers, and the largely cleared bottomland hardwood forest habitats of 
the southeastern sector, there appears to be adequate aquatic habitat 
in Missouri to support a growing river otter population. There are 
15,700 miles of smaller permanent streams and an additional 39,600 
miles of intermittent streams. There are also hundreds of thousands of 
acres of natural and impounded wetlands of various sizes.
    When harvest is legalized, all otters taken by trappers in Missouri 
will be subject to mandatory pelt registration,

[[Page 14545]]
and the Department of Conservation will tag all commercial pelts with 
CITES export tags. Skulls and carcasses will be obtained from willing 
fur buyers and dealers and cooperating trappers. These procedures will 
allow the size, demography, and geographic sources of the river otter 
harvest to be monitored. The State also intends to continue winter 
aerial surveys and compare results of population modelling with 
population indices derived from the surveys and from harvest patterns 
and sighting reports. 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 above biological information provided by the 
Missouri Department of Conservation, (b) the existence of a harvest 
management infrastructure for managing and enforcing harvest 
regulations, and (c) 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 1996-97 and subsequent 
seasons from Missouri.

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 Missouri river otters 
harvested during the 1996-97 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 Missouri 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 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 proposed 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 proposed rule will have little effect on small entities in 
and of itself. The proposed 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 proposed rule has been examined under the Paperwork Reduction 
Act of 1995 and has been found to contain no information collection 
requirements.
    This proposed 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.

PART 23--ENDANGERED SPECIES CONVENTION

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

[[Page 14546]]


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                                                                                                                                                         1983-84 and   1995-96 and   1996-97 and
                                                                     1977-78 \1\   1978-79 \2\   1979-80 \3\     1980-81       1981-82       1982-83       future        future        future   
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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             +             +             +             +             +             +             +             + 
Missouri..........................................................            -             -             -             -             -             -             -             -             + 
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.                                                                                                                                                 


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    (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: February 21, 1996.
Geroge T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-7979 Filed 4-1-96; 8:45 am]
BILLING CODE 4310-55-P