[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41115-41116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20016]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 30

RIN 1018-AD75


Disposition of Surplus Range Animals

AGENCY: Fish and Wildlife Service.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to 
revise its regulations pertaining to the disposition of surplus range 
animals. The Service has determined that this is in line with its 
general policies on Fenced Animal Management and Collections, donations 
and Disposals as outlined in the Service Manual. The Service has 
further determined that this action is in accordance with the 
provisions of all applicable laws, is consistent with principles of 
sound wildlife management, and is otherwise in the public interest by 
allowing a broader population base the opportunity to receive surplus 
animals which can be used for research needs, other educational 
purposes, biological integrity of herd management and, in some cases, 
subsistence. In addition, special attention has been afforded to the 
Native American community in the donation of bison for certain cultural 
and religious reasons.

DATES: Comments must be submitted on or before October 7, 1996.

ADDRESSES: Assistant Director--Refuges and Wildlife, Attention: Greg 
Weiler, U.S. Fish and Wildlife Service, 1849 C Street, N.W., MS 670 
ARLSQ, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Greg Weiler, at the address above; 
Telephone: 703/358-1744.

SUPPLEMENTARY INFORMATION: The Service proposes to revise Part 30.2 of 
Chapter 1 of 50 CFR, Disposition of Surplus Range Animals. The Service 
is rewording Part 30.2 to allow a broader range of circumstances under 
which unscheduled donations of surplus animals may occur. The refuge 
manager is given the authority to determine those ``exigent'' 
circumstances. The type of public institution, agency, or government 
which could qualify as potential recipients of animals is expanded. 
Donations may be made for specific purposes which are listed in chapter 
7, section 13 of the Refuge Manual and include scientific educational 
purposes, propagation of new free-ranging populations, augmentation of 
existing herds for genetic purposes, public display exhibition, and 
food and food products.

Request for Comments

    Because the Service is interested in the concerns of the public in 
matters of its general management and operations, it welcomes comments 
from all interested parties to this proposed rulemaking. A comment 
period of 60 days has been established during which time all comments 
will be reviewed and considered before promulgation of a final rule.

Paperwork Reduction Act

    These proposed regulations have been examined under the Paperwork 
Reduction Act of 1995 and have been found to contain no information 
collection requirements.

Economic Effect

    This rulemaking was not subject to Office of Management and Budget 
review under Executive Order 12866. In addition, a review under the 
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et esq.) has revealed 
that the rulemaking would not have a significant effect on a 
substantial number of small entities, which include businesses, 
organizations or governmental jurisdictions. This proposed rule would 
have minimal effect on such entities because the regulation has not 
been significantly changed, but it merely has been expanded to allow a 
broader range of agencies and institutions to qualify as recipients of 
donated surplus animals. The number, age and sex of surplus and donated 
animals varies from year to year. The number of animals donated reduces 
the number of animals available for sale. In 1995, the Service had 378 
bison and 139 longhorned cattle which the Service designated as surplus 
animals. Of these, 322 bison (83%) were sold at auction and 56 bison 
(17%) were donated. All cattle were sold at auction. Buyers primarily 
purchase animals for breeding and herd augmentation. Animals unsuitable 
for breeding or herd composition needs, such as old bulls, are 
purchased for slaughter by meat packing firms. Total revenues from the 
sales in 1995 were $418,434. Animals may be donated only for specific 
purposes to qualified agencies or institutions. While the number of 
donations will vary in any given year, the number of animals available 
for purchase should not be significantly reduced.

Unfunded Mandates Act

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 1 U.S.C. Sec. 1502 et seq., that this rulemaking will not 
impose a cost of $100 million or more in any

[[Page 41116]]

given year on local or State governments or private entities.

Executive Order 12988

    The Service has determined that these proposed regulations meet the 
applicable standards provided in Sections (a) and (b) of Executive 
Order 12988.

Federalism

    This proposed rule would not have substantial direct effects on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment.

Environmental Considerations

    Pursuant to the requirements of the National Environmental Act of 
1969 (42 U.S.C. Secs. 4321-4347), this action is excluded because it 
involves issuance of routine, recurring, or special regulations (516 DM 
6, Appendix 1.4.H).

Primary Author

    Greg Weiler, Division of Refuges, U.S. Fish and Wildlife Service, 
Washington, DC, is the primary author of this rulemaking document.

List of Subjects in 50 CFR Part 30

    Animals, Range management, Wildlife refuges.

    Accordingly, part 30 of Chapter 1 of Title 50 of the Code of 
Federal Regulations is proposed to be amended as set forth below:

PART 30--RANGE AND FERAL ANIMAL MANAGEMENT

    1. The authority citation for part 30 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C. 
715i, as amended; 41 CFR 101-44.

    2. Section 30.2 is revised to read as follows:


Sec. 30.2  Disposition of surplus range animals.

    Disposition shall be made only during regularly scheduled disposal 
program periods, except in the event of exigent circumstances affecting 
the animals, their range, or the recipient. The Refuge Manager is 
responsible for determining the existence of ``exigent circumstances.'' 
Surplus range animals may be disposed of, subject to State and Federal 
health laws and regulations, by donation for specific purposes to 
public agencies, public institutions, other governments or charitable 
institutions, or sold on the open market.

    Dated: May 9, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-20016 Filed 8-6-96; 8:45 am]
BILLING CODE 4310-55-P