[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Rules and Regulations]
[Pages 19936-19937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10628]


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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, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) revises 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: This rule is effective May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, 703/358-2397.

SUPPLEMENTARY INFORMATION: The Service is revising and rewording 50 CFR 
Part 30.2, Disposition of Surplus Range Animals, 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.

Comments Received

    Text in this final rule is somewhat different than that used in the 
proposed rule because it reflects conformity to plain English writing 
standards.
    Because the Service is interested in the concerns of the public in 
matters of its general management and operations, it requested comments 
to the proposed rule during a 60 day period. The proposed rule was 
published in the August 7, 1996, issue of the Federal Register (61 FR 
41115-41116). Following this comment period, the Service reviewed and 
considered all substantive comments before promulgating this final 
rule.
    A single letter of comment raised the following points:
    1. The final rule should include strong involvement of state and 
local governments and also support the economics of the areas involved. 
These are public resources and should be managed for productivity and 
sustainability; and
    2. The surplus animals should only go to a government agency, 
either Federal,

[[Page 19937]]

State, or local; to an approved zoo; or to an Indian tribe. Otherwise 
they should be sold at auction and any money received applied to the 
national debt.
    In response to the first point, the Service works closely with 
State and local governments when proposing and carrying out 
modifications to its refuge management plans. This practice will 
continue while disposing of surplus range animals. Likewise, the 
Service recognizes the need to manage these resources for long-term 
sustainability.
    In response to the second point, the final rule provides for 
donation for specific purposes to the entities referenced and open 
market sales for other entities. Revenues from the sale of surplus 
animals by law are not applied to the debt, but are required to be paid 
to certain counties in accordance with a formula set by the Refuge 
Revenue Sharing Act (16 U.S.C. 715s) after deducting expenses for 
sales.

Paperwork Reduction Act

    These final regulations have been examined under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)) and have been found to 
contain no information collection requirements.

Economic Effects/Regulatory Flexibility Act Compliance

    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 seq.) 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 final rule would have 
minimal effect on such entities because the regulation has not been 
significantly changed, but the Service merely expanded it 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 longhorn 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, (2 U.S.C. Sec. 1502 et seq.), that this rulemaking will 
not impose a cost of $100 million or more in any given year on local or 
State governments or private entities.

Civil Justice Reform

    The Department has determined that these final regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988.

Environmental Considerations

    Pursuant to the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. Secs. 4321-4347), this action falls within a 
categorical exclusion 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 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: February 13, 1997.
Don Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-10628 Filed 4-23-97; 8:45 am]
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