[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30773-30775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14633]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 24

RIN 1018-AD97


Endangered and Threatened Wildlife and Plants; Designated Ports 
for Listed Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) hereby amends the 
regulations that establish designated ports for the importation, 
exportation, and reexportation of plants by adding the U.S. Department 
of Agriculture (USDA) ports at Laredo, Texas; and Fort Lauderdale 
(=Port Everglades), Jacksonville, and Panama City, Florida, as 
designated ports for the importation of logs and lumber from trees 
listed as endangered or threatened under the Endangered Species Act of 
1973, as amended (the Act), or listed under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES). The Service also amends these same regulations by adding the 
USDA port at Port Huron, Michigan, as a port for the importation from 
Canada and exportation or reexportation to Canada of plants listed as 
endangered or threatened under the Act, or listed under CITES. The USDA 
has adequate facilities and personnel at these ports to qualify the 
ports as designated ports for the importation, exportation, and 
reexportation of plants under the terms of the Act and CITES. The 
addition of these ports to the list of designated ports will facilitate 
trade and the enforcement of the Act and CITES.
    Additionally, the Service amends the regulations that establish 
designated ports for the importation, exportation, and reexportation of 
plants by removing Laredo, Texas, from the list of ports designated for 
the importation, exportation, or reexportation of plants listed as 
endangered or threatened under the Act, or listed under CITES. The USDA 
no longer operates Laredo as a plant inspection station and has 
proposed to remove it from the list of plant inspection stations in its 
regulations. Because the Laredo plant inspection station has closed, it 
no longer is used as a designated port for the importation, 
exportation, or reexportation of plants listed as endangered or 
threatened under the Act, or listed under CITES. However, the USDA has 
sufficient staff in place in Laredo for the Service to add it instead 
as a designated port for the importation of logs and lumber from trees 
listed as endangered or threatened under the Act, or listed under 
CITES, as discussed in the above paragraph.

EFFECTIVE DATE: June 5, 1997.

FOR FURTHER INFORMATION CONTACT: Kenneth B. Stansell, Chief, Office of 
Management Authority, U.S. Fish and Wildlife Service, telephone (703) 
358-2093.

SUPPLEMENTARY INFORMATION:

Background

    The Endangered Species Act of 1973, as amended (the Act), requires, 
among other things, that plants be imported, exported, or reexported 
only at designated ports or, under certain limited circumstances, at 
nondesignated ports. Section 9(f) of the Act (16 U.S.C. 1538[f]) 
provides for the designation of ports. Under section 9(f)(1), the 
Secretary of the Interior (Secretary) has the authority to establish 
designated ports based on a finding that such an action would 
facilitate enforcement of the Act and reduce the costs of that 
enforcement. The United States Department of Agriculture (USDA) and the 
Secretary are responsible for enforcing provisions of the Act and the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) relating to the importation, exportation, and 
reexportation of plants listed as endangered or threatened under the 
Act or listed under CITES.
    The regulations in 50 CFR part 24, ``Importation and Exportation of 
Plants,'' are for the purpose of establishing ports for the 
importation, exportation, and reexportation of plants. Plants listed as 
endangered or threatened in 50 CFR 17.12 or in the appendices to CITES 
in 50 CFR 23.23 are required to be accompanied by documentation and may 
be imported, exported, or reexported only at one of the USDA ports 
listed in section 24.12(a) of the regulations. Certain other USDA ports 
are designated for the importation, exportation, or reexportation of 
specific listed plants. Section 24.12(g) of the regulations contains a 
list of USDA ports that are, for the purposes of the Act and CITES, 
designated ports for the importation, exportation, and reexportation of 
plants that are not listed as endangered or threatened. (The USDA 
regulations in 7 CFR 319.37 contain additional prohibitions and 
restrictions governing the importation of plants through those ports.) 
In a January 16, 1997, Federal Register notice (62 FR 2354), the U.S. 
Fish and Wildlife Service (Service) proposed that the USDA ports at 
Laredo, Texas; and Fort Lauderdale, Jacksonville, and Panama City, 
Florida, be listed as designated ports for the importation of saw-logs, 
sawn wood, and veneers from trees listed as endangered or threatened 
under the Act, or listed under CITES. The Service further proposed to 
designate the USDA port at Port Huron, Michigan, as a port for the 
importation from Canada and exportation or reexportation to Canada of 
plants listed as endangered or threatened under the Act, or listed 
under CITES. Finally, the Service proposed to remove Laredo, Texas, 
from the list of ports designated for the importation, exportation, or 
reexportation of plants listed as endangered or threatened under the 
Act, or listed under CITES.

Comments Submitted

    The Service's January 16, 1997, notice invited the submission of 
written comments regarding the proposal for a 60-day comment period 
ending on March 17, 1997. One comment was

[[Page 30774]]

received by that date, from the International Wood Products Association 
(IHPA). The IHPA suggested that it be clearly noted in the final rule 
that the USDA port of Fort Lauderdale, Florida and the USDA port called 
Port Everglades are one-in-the-same. The IHPA indicated that this 
notation would clarify confusion that currently exists within the 
lumber industry as to whether these two port names are for the same 
port or not. The IHPA also pointed out a possible problem with regard 
to the Service's proposal to replace the term ``logs and lumber'' in 
section 24.12(e) with the term ``saw-logs, sawn wood, and veneers.'' 
The Service proposed this change in order to be consistent with the 
language used in the CITES listings and in 50 CFR part 23. The IHPA 
pointed out that, in the joint U.S./Bolivia CITES proposal to list 
certain parts and products of the neotropical populations of bigleaf 
mahogany (Swietenia macrophylla) on CITES Appendix II, the language for 
the listed parts and products includes plywood, in addition to saw-
logs, sawn wood, and veneers. This CITES proposal was submitted for 
consideration at the tenth meeting of the Conference of the Parties to 
CITES on June 9-20, 1997, in Harare, Zimbabwe. The IHPA claimed that 
the inclusion of bigleaf mahogany plywood on CITES Appendix II would 
create a situation where, if the term ``saw-logs, sawn wood, and 
veneers'' replaced the term ``logs and lumber'' in section 24.12(e), 
then bigleaf mahogany plywood would not be among the lumber parts and 
products which would be allowed to be imported through the ports listed 
in section 24.12(e).
    The Service has consulted with the USDA regarding the comments and 
suggestions provided by the IHPA. As a result of those consultations, 
the Service has made the following changes to the language from the 
proposed rule (in the January 16, 1997, notice) in this final rule: 
reference to the USDA port of Fort Lauderdale, Florida, in the proposed 
rule has been changed to the USDA port of Fort Lauderdale (=Port 
Everglades), Florida; and the Service's proposal to amend section 
24.12(e) of the regulations by replacing the term ``logs and lumber'' 
with the term ``saw-logs, sawn wood, and veneers'' has been removed. 
The original language of ``logs and lumber'' is retained in this final 
rule. This will facilitate imports of lumber products of any future 
CITES listed species without pre-supposing any future specific 
annotations. The term ``logs and lumber'' encompasses saw-logs, sawn 
wood, veneer sheets, plywood and other types of lumber.

Requests for Public Hearing

    Section 9(f)(1) of the Act provides that any person may request an 
opportunity to comment at a public hearing before the Secretary of the 
Interior confers designated port status on any port. Accordingly, the 
Service's January 16, 1997, notice invited public hearing requests, 
which were required to be received by the Service on or before March 3, 
1997. No such requests were received.

Treasury Department Approval To Designate Proposed Ports

    Section 9(f)(1) of the Act also provides, in part, that:

    For the purpose of facilitating enforcement of this chapter and 
reducing costs thereof, the Secretary of the Interior, with approval 
of the Secretary of the Treasury and after notice and opportunity 
for public hearing, may, by regulation, designate ports and change 
such designations.

    Approval from the Secretary of the Treasury was obtained in 
accordance with these provisions.
    Therefore, based on the rationale set forth in the proposed rule, 
the Service is adopting the provisions of the proposal as a final rule.

Effective Date

    The principal effect of this rule is to grant an exemption from 16 
U.S.C. 1538(f), which generally prohibits importation of wildlife and 
plants except at such ports as may be designated. Accordingly, it may 
be given immediate effect under 5 U.S.C. 553(d)(1), which permits a 
rule that ``grants or recognizes an exemption or relieves a 
restriction'' to be given immediate effect. Furthermore, good cause 
exists to give immediate effect to that part of the final rule that 
deletes Laredo, Texas from the list of designated ports in section 
24.12(a) because the USDA no longer maintains a plant inspection 
station in Laredo and an immediate correction to the codified list is 
needed to eliminate confusion for the general public.

Economic Effects

    The USDA ports at Laredo, Texas; and Fort Lauderdale (=Port 
Everglades), Jacksonville, and Panama City, Florida, are established 
primary ports of entry for bigleaf mahogany logs and lumber imported 
into the United States. Since saw-logs, sawn wood, and veneers of 
bigleaf mahogany now are listed in the appendices to CITES, the 
addition of these four ports to the list of ports designated for the 
importation of logs and lumber from trees listed as endangered or 
threatened under the Act, or listed under CITES, will avoid disrupting 
an established pattern of legitimate trade by allowing operations at 
those ports related to the importation of bigleaf mahogany saw-logs, 
sawn wood, and veneers to continue with only minor procedural changes. 
Adding these ports will not have a significant economic impact on any 
private entities, nor on local or State governments. Also, adding these 
ports will not have a significant economic impact on the Federal 
Government, since the USDA already has adequate facilities and 
personnel at these ports to qualify them as designated ports.
    However, without these ports being designated, the established 
legitimate trade in bigleaf mahogany saw-logs, sawn wood, and veneers 
through these ports would cease. This would increase shipping costs on 
importers in the United States who have been using Laredo, Fort 
Lauderdale (=Port Everglades), Jacksonville, and Panama City as ports 
of import for bigleaf mahogany saw-logs, sawn wood, and veneers, by 
forcing these importers to travel out of their way to one of the 
current designated ports in order to legally import their bigleaf 
mahogany. The closest designated Mexican border port to the port of 
Laredo is Brownsville, Texas, about 150 miles away; the closest 
designated port to the port of Fort Lauderdale is Miami, Florida, about 
30 miles away; the closest designated port to the port of Jacksonville 
is Orlando, Florida, about 125 miles away; and the closest designated 
port to the port of Panama City is Mobile, Alabama, about 150 miles 
away.
    Adding the USDA port at Port Huron, Michigan, as a designated port 
for the importation from Canada and exportation or reexportation to 
Canada of plants listed as endangered or threatened under the Act, or 
listed under CITES, likewise will not have a significant economic 
impact on any private entities, nor on local or State governments. 
Also, adding this port will not have a significant economic impact on 
the Federal Government, since the USDA already has adequate facilities 
and personnel at the port to qualify it as a designated port. Adding 
Port Huron as a designated port will facilitate trade by making an 
additional port of entry available to importers of artificially 
propagated plants listed as endangered or threatened under the Act, or 
listed under CITES, from Canada. Currently, the USDA ports at Detroit, 
Michigan; Buffalo and Rouses Point, New York; and Blaine, Washington, 
are the only ports specifically designated for those purposes. However, 
Port Huron's

[[Page 30775]]

designation is not expected to result in a significant increase in the 
importation of such plants from Canada.
    Therefore, the Service has determined under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rulemaking will not 
have a significant effect on a substantial number of small entities, 
which include certain businesses, organizations, or governmental 
jurisdictions. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.
    This rulemaking will not have any direct effects on the States, in 
their relationship with the Federal Government, 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 rulemaking will not have sufficient Federalism implications 
to warrant the preparation of a Federalism Assessment.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act (2 U.S.C. 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.
    The Department of the Interior has determined that these 
regulations meet the applicable standards provided in Sections 3(a) and 
3(b)(2) of Executive Order 12988.
    The Service has determined that this rule is categorically excluded 
from further National Environmental Policy Act requirements. Part 516 
of the Departmental Manual, Chapter 6, Appendix I, section 1.4(A)(1), 
categorically excludes changes or amendments to an approved action when 
such changes have no potential for causing substantial environmental 
impact.

Paperwork Reduction Act

    The Service has examined this final rule under the Paperwork 
Reduction Act of 1995, and found it to contain no information 
collection requirements.

List of Subjects in 50 CFR Part 24

    Endangered and threatened species, Exports, Harbors, Imports, 
Plants.

    Accordingly, the Department of the Interior amends Title 50, part 
24 of the Code of Federal Regulations as follows:

PART 24--[AMENDED]

    1. The authority citation for part 24 continues to read as follows:

    Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat. 893, 
897 (16 U.S.C. 1538(f)(1), 1540(f)).

    2. Section 24.12 is amended by:
    a. Removing ``Laredo, Texas'' from paragraph (a),
    b. Adding the words ``and Port Huron'' immediately following 
``Detroit'' in paragraph (d), and
    c. Revising paragraph (e) to read as follows:


Sec. 24.12  Designated ports.

* * * * *
    (e) The U.S. Department of Agriculture ports at Mobile, Alabama; 
Fort Lauderdale (=Port Everglades), Jacksonville, and Panama City, 
Florida; Savannah, Georgia; Baltimore, Maryland; Gulfport, Mississippi; 
Wilmington and Morehead City, North Carolina; Portland, Oregon; 
Philadelphia, Pennsylvania; Charleston, South Carolina; Laredo, Texas; 
Norfolk, Virginia; and Vancouver, Washington, are designated ports for 
the importation of logs and lumber from trees which are listed in the 
appendices to the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) or in 50 CFR 17.12 or 23.23 and 
which are required to be accompanied by documentation under 50 CFR part 
17 or 23.
* * * * *
    Dated: May 24, 1997.
Donald J. Barry,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 97-14633 Filed 6-4-97; 8:45 am]
BILLING CODE 4310-55-P