[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Proposed Rules]
[Pages 64335-64337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
RIN 1018-AD98
Humane and Healthful Transport of Wild Mammals, Birds, Reptiles
and Amphibians to the United States; Notice of Reopening of Comment
Period and Scheduling of Public Meetings
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of public meetings and reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service), pursuant to the Lacey
Act Amendments of 1981, provides notice of the reopening of the comment
period and the scheduling of two public meetings to receive input from
the general public for the proposed amendment of 50 CFR part 14,
covering the humane and healthful transport of wild mammals, birds,
reptiles and amphibians to the United States. The comment period was
extended to October 6, 1997 for this proposed rule and has, thus,
closed. However, based on requests received, and in order to receive
further input from the general public, the Service will reopen the
comment period for a period of 30 days and hold two public meetings
during that time. Therefore, additional written comments will be
accepted during that time, and oral and written comments will be
accepted at the public meetings.
DATES: A public meeting in New York City (Queens) will be held on
January 17, 1998, from 1:00 pm-5:00 pm, and a public meeting in Los
Angeles will be held on January 27, 1998, from 1:00 pm-5:00 pm.
Comments in writing will be accepted by the Service beginning January
17, 1998, through February 17, 1998.
ADDRESSES: The public meeting in New York City will be held at St.
John's University, Bent Hall Seminar Room, 8000 Utopia Parkway,
Jamaica, NY 11439. The public meeting in Los
[[Page 64336]]
Angeles will be held at The Westin Hotel (Los Angeles Airport), 5400
West Century Boulevard, Los Angeles, CA 90045. Please note that the
rooms for these meetings are accessible to the handicapped. Written
comments can be presented to the Service at either of the public
meetings or can be sent to: Director, U.S. Fish and Wildlife Service,
Office of Management Authority either by mail, 4401 North Fairfax
Drive, Room 700, Arlington, VA 22203, or by fax (703) 358-2298.
FOR FURTHER INFORMATION CONTACT: Mr. Bruce J. Weissgold or Dr. Susan S.
Lieberman, Office of Management Authority, U.S. Fish and Wildlife
Service, telephone (703) 358-2095, fax (703) 358-2298.
SUPPLEMENTARY INFORMATION:
Background
On Friday, June 6, 1997, the Service published in the Federal
Register (62 FR 31044) a proposed rule announcing the Service's
intention to amend 50 CFR part 14 subpart J to further implement the
requirements of the Lacey Act (18 U.S.C. 42 (c)) for reptiles and
amphibians. On August 5, 1997, at the request of two commercial reptile
importers, Underground Reptiles and the Reptile Service, the Service
published a notice in the Federal Register (62 FR 42091) extending the
comment period until September 6, 1997. The Lacey Act Amendments of
1981 (Pub. L. 87-79, 95 Stat. 1073) prohibit the importation into the
United States of all wild animals and birds under inhumane or
unhealthful conditions, and require that the United States Government
promulgate regulations governing the importation of wildlife. The
purpose of this rulemaking is to ensure the Lacey Act Amendments'
consistency and enforceability extend across all species of wildlife,
as described by Congress. On June 17, 1992, the Service finalized (57
FR 27094) the rules contained in 50 CFR part 14 subpart J, establishing
rules for the humane and healthful transport of wild mammals and birds
to the United States. This proposed rule, once finalized, will enable
the Secretary of the Interior to meet the responsibilities of the Lacey
Act for reptiles and amphibians.
Thus, to more fully implement the amendments of the Lacey Act,
which requires the humane and healthful transport of all classes of
wild animals and birds and the promulgation of regulations necessary to
that end, the Service proposes to extend 50 CFR part 14 subpart J to
include rules for the healthful and humane transport of reptiles and
amphibians. Furthermore, many reptiles and amphibians are species
included in the Appendices of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES). The Parties to
CITES have adopted a resolution that calls for all CITES-listed species
to be packed and shipped in accordance with the International Air
Transport Association (IATA) Live Animals Regulations. Therefore, the
proposed rule would place these internationally accepted standards into
the Code of Federal Regulations for reptiles and amphibians.
For this, and other reasons discussed in the June 6, 1997 Federal
Register notice, the Service is proposing amendments to 50 CFR part 14
concerning humane and healthful transport of reptiles and amphibians
into the United States.
The Service received numerous letters which indicated that there is
a great deal of misunderstanding in the commercial reptile and
amphibian community regarding the content of the proposed rule and the
process followed by the Service while promulgating these regulations
under the requirements of the Administrative Procedures Act. Basic
confusion partially appears to be present as a result of
misrepresentations of the Service's intent and scope of authority to
regulate the transport of live reptiles and amphibians. Among the
misrepresentations was the suggestion that the Service was moving
towards the regulation of the domestic shipping of live reptiles and
amphibians and their export, which the Service has neither the intent
nor the statutory authority to address, as well as a misrepresentation
about the current packing standards of IATA.
The Service received numerous comments on the proposed rule during
the extended comment period, which closed October 6, 1997. Many of the
comments received were form letters and reiterated the concerns that
the proposed rule did not include sufficient ``quantifying
information'' to justify its necessity, would not contribute to
improving the humane and healthful transport of live reptiles and
amphibians, and would substantially increase shipping costs for
commercial traders. Other criticisms included complaints that the
Service relied too heavily in drafting the proposed rule on input from
``Animal Rights Activists,'' technical aspects of the proposed rule
were burdensome and unnecessary, including the Service's proposals
regarding the numbers of animals which could be packed in primary
enclosures, temperature requirements, venomous/poisonous species
shipping requirements, packing materials/techniques restrictions, and
other related issues. The Service also received many individual letters
expressing similar concerns. Conversely, the Service received many
comments critical of the proposal to increase the numbers of small
animals which can be packed per primary enclosure, relative to the
current IATA standards. (The Service has proposed that five small
snakes and lizards can be packed per primary enclosure, while IATA
standards limit such packing configurations to one animal). In
addition, the numerous criticisms were received regarding the Service's
findings in the proposed rule which were made pursuant to Executive
Order 12988. The Service will evaluate this in the development of the
final rule.
The Service also received many comments supportive of the proposals
related to several of the issues discussed above. Many letters
generally supportive of the Service's proposed rule cited the Service's
draft regulations on the numbers of animals which would be packed per
primary enclosure, temperature requirements, and packing materials/
techniques restrictions. Comments supportive of the proposed rule also
cited the Service's proposal to bar the importation of reptiles and
amphibians which have visible external parasites, and to require
veterinary examination prior to dispatch, and veterinary certificates
with shipments of live reptiles and amphibians entering the United
States. Other letters generally supportive of the Service's proposed
regulations cited importers' desire to cut costs in shipping animals,
while others noted that the proposed prohibition on external parasites
would help protect human and wildlife health by reducing the risks of
the importation of pests with zoonotic or other transmittable diseases.
Another supportive letter stated that the new regulations would keep
species poorly suited for international transit from being shipped for
the ``pet trade,'' while another cited that it was incumbent on the
government to ``step in'' and regulate the trade in common green
iguanas (Iguana iguana) and other live reptiles because pet purchasers
in the United States are unable to ``make human, sensible and logical
decisions on their own.''
The Service also received numerous letters which indicated neither
support nor opposition to the proposed rule, but instead offered
constructive suggestions on making technical changes to the proposed
regulations. Many of the technical changes suggested in the letters
addressed the issues discussed above, such as temperature
[[Page 64337]]
requirements, packing densities, materials requirements, venomous
species shipping requirements, and other related issues.
In addition the Service has received numerous criticisms of the
proposed rule from the commercial trade community involved in exporting
hatchling farm raised turtles. The Service notes that this proposed
rule does not affect the export of live reptiles and amphibians from
the United States or their interstate (domestic) commerce. Under the
Lacey Act Amendments of 1981, the Service does not have the statutory
authority to regulate humane and healthful transport of live reptiles
and amphibians being exported from the United States. Therefore, the
only humane and healthful transport rules applicable to the export of
non-CITES reptiles and amphibians from the United States are the IATA
Live Animals Regulations, which are enforced privately by participating
airlines. Exports of live CITES-listed reptiles and amphibians are
still required to be shipped in accordance with IATA packing
requirements, but that requirement is independent, and not related to,
this proposed rulemaking. This proposed rule applies only to live
reptiles and amphibians being imported into the United States.
In order to provide the public with additional opportunities to
communicate with the Service regarding these proposed regulations, and
to provide an opportunity to clarify misunderstandings in the public
sector regarding this proposed rule, including its content and the
process of Federal rulemaking, the Service will reopen the comment
period from January 17-February 17, and hold two public meetings during
that time, one in New York, NY, and one in Los Angeles, CA, as
discussed above (see DATES and ADDRESSES). These two cities were
selected by the Service because of the high volume of live reptiles and
amphibians which are imported into the United States through local Fish
and Wildlife Service designated ports, and the corresponding
concentration of affected members of the general public. Interested
members of the general public are encouraged to attend these meetings
to communicate their opinions and pertinent factual information to the
Service regarding the proposed regulations which can be utilized by the
Service in preparation of a final rule.
Authority
The authority for this action is the Lacey Act, as amended (18
U.S.C. 42 (c)).
Dated: November 26, 1997.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-31925 Filed 12-4-97; 8:45 am]
BILLING CODE 4310-55-P