82 FR 13360 - Draft Environmental Assessment; Export Program for Certain Native Species Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 46 (March 10, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 46 (March 10, 2017)
| Page Range | 13360-13361 | |
| FR Document | 2017-04872 |
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)] [Notices] [Pages 13360-13361] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04872] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-HQ-IA-2017-0012; FF09A30000FXIA1671090000178] Draft Environmental Assessment; Export Program for Certain Native Species Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for public comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft environmental assessment (EA) in accordance with the National Environmental Policy Act (NEPA) for our CITES Export Program (CEP) for certain native furbearer species. Some native furbearers are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, or Convention), including bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx canadensis), gray wolf (Canis lupus), and brown bear (Ursus arctos). These species have been listed in CITES Appendix II since the 1970s. Export from the United States of specimens of CITES Appendix-II species requires a CITES export permit issued by the Service. We have decided to prepare an EA on our export program for certain native furbearer species to help us conduct a thorough review of all relevant factors and potential impacts on the quality of the human environment as envisioned under NEPA. DATES: We will consider all information and comments we receive on or before April 10, 2017. ADDRESSES: Written comments: You may submit comments pertaining to the draft EA by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-HQ-IA-2017-0012, which is the docket number for this notice. Click ``Comment Now!'' to comment. U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-HQ-IA-2017-0012, Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg Pike; MS: BPHC; Falls Church, VA 22041. We request that you send comments by only one of the methods described above. All information received will be posted on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Availability of Comments, below, for more information). Availability of documents: You may obtain copies of the draft EA and related documents: On the Internet: http://www.regulations.gov. In the Search box, enter FWS-HQ-IA-2017-0012, which is the docket number for this notice. Click the ``Open Docket Folder'' link. In person, by appointment and written request only, from 8 a.m. to 4 p.m. at: U.S. Fish and Wildlife Service, Division of Management Authority, 5275 Leesburg Pike, Falls Church, VA 22041. FOR FURTHER INFORMATION CONTACT: Craig Hoover, Chief, Division of Management Authority, U.S. Fish and Wildlife Service, MS: IA; 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2095; facsimile 703-358-2298. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We are making available a draft environmental assessment (EA) under the National Environmental Policy Act of 1969 (NEPA); 42 U.S.C. 4321 et seq., for the U.S. CITES Export Program (CEP) for certain native furbearer species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 27 U.S.T. 1087 (March 3, 1973). Bobcat (Lynx rufus), river otter (Lontra canadensis), Canada lynx (Lynx canadensis), gray wolf (Canis lupus), and brown bear (Ursus arctos) have been listed in CITES Appendix II since the 1970s. CITES documents are required for export of these species from the United States, including parts and products of these species. Before a permit can be issued for the export of an Appendix-II species, the Service must be able to determine that the export will not be detrimental to the survival of the species and that the specimens to be exported have not been obtained in violation of laws for their protection. Export from the United States of specimens of CITES Appendix-II species requires a CITES export permit issued by the Service. Our CITES-implementing regulations are found in title 50 of the Code of Federal Regulations (CFR) at part 23 (50 CFR part 23). Under the Department of the Interior policy and procedures for the U.S. Fish and Wildlife Service, the issuance, denial, suspension, and revocation of permits for activities involving fish, wildlife or plants, including permits involving species listed under CITES, are categorically excluded from the requirement for preparation of an EA or an EIS under NEPA when such permits cause no or negligible environmental disturbance (Departmental Manual, part 516, chapter 8.5, paragraph C(1)). However, we have prepared a draft EA on our CEP for certain native furbearer species to ensure that we have conducted a thorough review of all relevant factors and potential impacts on the quality of the human environment as envisioned under NEPA. This draft EA considers the direct, indirect, and cumulative effects of the U.S. CEP for bobcat, river otter, Canada lynx, gray wolf, and brown bear harvested in the United States. Service regulations governing the export of bobcat, river otter, Canada lynx, gray wolf, and brown bear harvested in the United States are set forth at 50 CFR 23.69. Our regulations allow States and Tribes to request approval for participation in our CEP for these native furbearers. States and Tribes set up and maintain management and harvest programs designed to monitor and protect CITES furbearers from overharvest. When a State or Tribe with a management program provides the Service with the necessary information, we make programmatic findings and have specific requirements that allow export under CITES. We must still issue a CITES export permit for each export, but the CEP provides for a more streamlined and efficient permitting process. Under the CEP, a State or Tribe must provide sufficient information for us to determine that its management program and harvest controls are appropriate to ensure that CITES furbearers harvested within its jurisdiction are legally acquired and that export will not be detrimental to the survival of the species in the wild. Proposed Action The proposed action, which is also the ``no action'' alternative and the preferred alternative, is to continue the CEP in its current form, which includes the mandatory tagging of skins of bobcat, river otter, Canada lynx, gray wolf, and brown bear to be exported from the United States, as required under our current regulations at 50 CFR 23.69. The species of furbearers [[Page 13361]] included in this EA are managed by the wildlife agencies of individual States and Tribes. The CEP in its current form allows for regular review of approved export programs for these species, including through annual reporting by approved programs. States and Tribes provide data to the Service on a voluntary basis to qualify their species for export and, once approved, must report annually on any changes to the applicable State or tribal regulations or the status of the species in those jurisdictions. The proposed action, and preferred alternative, will facilitate the continued efficient export of these species from the United States, thereby allowing access to international markets, while still meeting CITES requirements. The CEP for these species has proven to be effective over the past 40 years by allowing the Service to fulfill its obligations regarding these species pursuant to CITES. The proposed action, and the Convention it implements, only applies to international trade. The proposed action does not include State and tribal programs for these species. States and Tribes regulate the take of these species through their own management programs. Alternatives We are also considering three alternatives to the proposed action: 1. No Tag Alternative--Under this alternative, the Service would not issue tags or require skins to be tagged prior to export. Our current regulations require the tagging of the skins of these species (unless an alternative method has been approved) in order for the skins to be eligible for export under the CEP. This tagging requirement is not a CITES requirement; it is a stricter domestic measure promulgated by the Service through the U.S. CITES implementing regulations. Under our current regulations, the Service could institute a different verification system for legal acquisition that relies on paper recordkeeping at the State, tribal, or exporter level, provided such an alternative method is able to provide us with the necessary information to make the required findings to allow export under CITES. This could consist of affidavits or trapper diaries or other bookkeeping mechanisms if they provide substantially the same information as the tagging system. This no tag alternative is essentially a substitute for the tagging system. This alternative would require devising a new chain-of-custody documentation system, and would require re-educating trappers, exporters, and State and Federal law enforcement on the new system. 2. No Permit Alternative--This alternative would require the Service to revise 50 CFR 23.69 so that no export of these species legally taken from the wild is permitted. Under the no permit alternative, these species and their parts and products taken from the wild could not be exported, even where the required findings to allow export under CITES can be made. Skins from captive-bred animals would be eligible for export; however, currently there is very little captive production of these species for commercial trade. Operation of the CEP for these five species over the past 40 years has demonstrated that the export of these species from the United States does not threaten their survival in the wild and may be authorized consistent with CITES. Elimination of export approval for specimens of these species taken from the wild would not further the purposes of CITES, when we are able to make the required determinations that the specimens were legally acquired and that the export is not detrimental to the survival of the species. 3. No Approved CITES Export Program Alternative--Currently, when a State or Tribe with a management program designed to monitor and protect CITES furbearers from overharvest provides us with the necessary information, we make programmatic findings and have specific requirements that allow export under CITES for these CITES furbearers harvested within their jurisdictions. While permits are still required, approval of State or tribal export programs facilitates the permitting process by allowing us to issue permits more efficiently. Under this alternative, the Service would no longer approve State or tribal export programs, but individuals may still seek permits on a case-by-case basis for each specimen to be exported. This would also require the Service to make individual legal acquisition findings for each specimen to be exported, as the Service currently does for specimens originating from States or Tribes without an approved program. This alternative would increase the length of time for exporters to obtain permits and would be overly burdensome to both the Service and exporters. Public Availability of Comments We will not consider comments sent by email or fax, or to an address not listed above in ADDRESSES. Comments and materials we receive in response to this notice will be available for public inspection on http://www.regulations.gov or by appointment, between 8 a.m. and 4 p.m. Monday through Friday, except Federal holidays, at the U.S. Fish and Wildlife Service, Division of Management Authority, 5275 Leesburg Pike, 2nd Floor, Falls Church, VA 22041; telephone 703-358- 2095. Written comments that we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--maybe made publicly available at any time. While you may request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Authority We provide this notice under NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6). Dated: March 7, 2017. James W. Kurth, Acting Director, Fish and Wildlife Service. [FR Doc. 2017-04872 Filed 3-8-17; 4:15 pm] BILLING CODE 4333-15-P
![13360 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
Dated: March 7, 2017. Performance, and Management title 50 of the Code of Federal
Ann Marie Oliva, Programs; U.S. Fish and Wildlife Regulations (CFR) at part 23 (50 CFR
Deputy Assistant Secretary for Special Needs Service; 5275 Leesburg Pike; MS: BPHC; part 23). Under the Department of the
Programs. Falls Church, VA 22041. Interior policy and procedures for the
[FR Doc. 2017–04788 Filed 3–9–17; 8:45 am] We request that you send comments U.S. Fish and Wildlife Service, the
BILLING CODE 4210–67–P by only one of the methods described issuance, denial, suspension, and
above. All information received will be revocation of permits for activities
posted on http://www.regulations.gov. involving fish, wildlife or plants,
DEPARTMENT OF THE INTERIOR This generally means that we will post including permits involving species
any personal information you provide listed under CITES, are categorically
Fish and Wildlife Service us (see Public Availability of Comments, excluded from the requirement for
below, for more information). preparation of an EA or an EIS under
[Docket No. FWS–HQ–IA–2017–0012; Availability of documents: You may NEPA when such permits cause no or
FF09A30000FXIA1671090000178]
obtain copies of the draft EA and related negligible environmental disturbance
Draft Environmental Assessment; documents: (Departmental Manual, part 516, chapter
Export Program for Certain Native • On the Internet: http:// 8.5, paragraph C(1)). However, we have
Species Under the Convention on www.regulations.gov. In the Search box, prepared a draft EA on our CEP for
International Trade in Endangered enter FWS–HQ–IA–2017–0012, which is certain native furbearer species to
Species of Wild Fauna and Flora the docket number for this notice. Click ensure that we have conducted a
the ‘‘Open Docket Folder’’ link. thorough review of all relevant factors
AGENCY: Fish and Wildlife Service, • In person, by appointment and and potential impacts on the quality of
Interior. written request only, from 8 a.m. to 4 the human environment as envisioned
ACTION: Notice of availability; request p.m. at: U.S. Fish and Wildlife Service, under NEPA. This draft EA considers
for public comments. Division of Management Authority, the direct, indirect, and cumulative
5275 Leesburg Pike, Falls Church, VA effects of the U.S. CEP for bobcat, river
SUMMARY: We, the U.S. Fish and 22041. otter, Canada lynx, gray wolf, and
Wildlife Service (Service), announce the FOR FURTHER INFORMATION CONTACT: brown bear harvested in the United
availability of a draft environmental Craig Hoover, Chief, Division of States.
assessment (EA) in accordance with the Service regulations governing the
Management Authority, U.S. Fish and
National Environmental Policy Act export of bobcat, river otter, Canada
Wildlife Service, MS: IA; 5275 Leesburg
(NEPA) for our CITES Export Program lynx, gray wolf, and brown bear
Pike, Falls Church, VA 22041–3803;
(CEP) for certain native furbearer harvested in the United States are set
telephone 703–358–2095; facsimile
species. Some native furbearers are forth at 50 CFR 23.69. Our regulations
703–358–2298. If you use a
listed under the Convention on allow States and Tribes to request
telecommunications device for the deaf
International Trade in Endangered approval for participation in our CEP for
(TDD), call the Federal Relay Service at
Species of Wild Fauna and Flora these native furbearers. States and
800–877–8339.
(CITES, or Convention), including Tribes set up and maintain management
SUPPLEMENTARY INFORMATION: We are and harvest programs designed to
bobcat (Lynx rufus), river otter (Lontra
canadensis), Canada lynx (Lynx making available a draft environmental monitor and protect CITES furbearers
canadensis), gray wolf (Canis lupus), assessment (EA) under the National from overharvest. When a State or Tribe
and brown bear (Ursus arctos). These Environmental Policy Act of 1969 with a management program provides
species have been listed in CITES (NEPA); 42 U.S.C. 4321 et seq., for the the Service with the necessary
Appendix II since the 1970s. Export U.S. CITES Export Program (CEP) for information, we make programmatic
from the United States of specimens of certain native furbearer species listed findings and have specific requirements
CITES Appendix-II species requires a under the Convention on International that allow export under CITES. We must
CITES export permit issued by the Trade in Endangered Species of Wild still issue a CITES export permit for
Service. We have decided to prepare an Fauna and Flora (CITES), 27 U.S.T. 1087 each export, but the CEP provides for a
EA on our export program for certain (March 3, 1973). Bobcat (Lynx rufus), more streamlined and efficient
native furbearer species to help us river otter (Lontra canadensis), Canada permitting process. Under the CEP, a
conduct a thorough review of all lynx (Lynx canadensis), gray wolf State or Tribe must provide sufficient
relevant factors and potential impacts (Canis lupus), and brown bear (Ursus information for us to determine that its
on the quality of the human arctos) have been listed in CITES management program and harvest
environment as envisioned under Appendix II since the 1970s. CITES controls are appropriate to ensure that
NEPA. documents are required for export of CITES furbearers harvested within its
these species from the United States, jurisdiction are legally acquired and that
DATES: We will consider all information including parts and products of these export will not be detrimental to the
and comments we receive on or before species. Before a permit can be issued survival of the species in the wild.
April 10, 2017. for the export of an Appendix-II species,
ADDRESSES: Written comments: You may the Service must be able to determine Proposed Action
submit comments pertaining to the draft that the export will not be detrimental The proposed action, which is also
EA by one of the following methods: to the survival of the species and that the ‘‘no action’’ alternative and the
• Federal eRulemaking Portal: http:// preferred alternative, is to continue the
sradovich on DSK3GMQ082PROD with NOTICES
the specimens to be exported have not
www.regulations.gov. In the Search box, been obtained in violation of laws for CEP in its current form, which includes
enter FWS–HQ–IA–2017–0012, which is their protection. the mandatory tagging of skins of
the docket number for this notice. Click Export from the United States of bobcat, river otter, Canada lynx, gray
‘‘Comment Now!’’ to comment. specimens of CITES Appendix-II species wolf, and brown bear to be exported
• U.S. mail or hand-delivery: Public requires a CITES export permit issued from the United States, as required
Comments Processing, Attn: FWS–HQ– by the Service. Our CITES- under our current regulations at 50 CFR
IA–2017–0012, Division of Policy, implementing regulations are found in 23.69. The species of furbearers
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![Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices 13361
included in this EA are managed by the Federal law enforcement on the new www.regulations.gov or by appointment,
wildlife agencies of individual States system. between 8 a.m. and 4 p.m. Monday
and Tribes. The CEP in its current form 2. No Permit Alternative—This through Friday, except Federal holidays,
allows for regular review of approved alternative would require the Service to at the U.S. Fish and Wildlife Service,
export programs for these species, revise 50 CFR 23.69 so that no export of Division of Management Authority,
including through annual reporting by these species legally taken from the wild 5275 Leesburg Pike, 2nd Floor, Falls
approved programs. States and Tribes is permitted. Under the no permit Church, VA 22041; telephone 703–358–
provide data to the Service on a alternative, these species and their parts 2095.
voluntary basis to qualify their species and products taken from the wild could Written comments that we receive
for export and, once approved, must not be exported, even where the become part of the public record
report annually on any changes to the required findings to allow export under associated with this action. Before
applicable State or tribal regulations or CITES can be made. Skins from captive- including your address, phone number,
the status of the species in those bred animals would be eligible for email address, or other personal
jurisdictions. The proposed action, and export; however, currently there is very identifying information in your
preferred alternative, will facilitate the little captive production of these species comment, you should be aware that
continued efficient export of these for commercial trade. Operation of the your entire comment—including your
species from the United States, thereby CEP for these five species over the past personal identifying information—
allowing access to international 40 years has demonstrated that the maybe made publicly available at any
markets, while still meeting CITES export of these species from the United time. While you may request in your
requirements. The CEP for these species States does not threaten their survival in comment that we withhold your
has proven to be effective over the past the wild and may be authorized personal identifying information from
40 years by allowing the Service to consistent with CITES. Elimination of public review, we cannot guarantee that
fulfill its obligations regarding these export approval for specimens of these we will be able to do so. All
species pursuant to CITES. The species taken from the wild would not submissions from organizations or
proposed action, and the Convention it further the purposes of CITES, when we businesses, and from individuals
implements, only applies to are able to make the required identifying themselves as
international trade. The proposed action determinations that the specimens were representatives or officials of
does not include State and tribal legally acquired and that the export is organizations or businesses, will be
programs for these species. States and not detrimental to the survival of the made available for public disclosure in
Tribes regulate the take of these species species. their entirety.
through their own management 3. No Approved CITES Export
Program Alternative—Currently, when a Authority
programs.
State or Tribe with a management We provide this notice under NEPA
Alternatives program designed to monitor and (42 U.S.C. 4321 et seq.) and its
protect CITES furbearers from implementing regulations (40 CFR
We are also considering three
overharvest provides us with the 1506.6).
alternatives to the proposed action: necessary information, we make
1. No Tag Alternative—Under this programmatic findings and have Dated: March 7, 2017.
alternative, the Service would not issue specific requirements that allow export James W. Kurth,
tags or require skins to be tagged prior under CITES for these CITES furbearers Acting Director, Fish and Wildlife Service.
to export. Our current regulations harvested within their jurisdictions. [FR Doc. 2017–04872 Filed 3–8–17; 4:15 pm]
require the tagging of the skins of these While permits are still required, BILLING CODE 4333–15–P
species (unless an alternative method approval of State or tribal export
has been approved) in order for the programs facilitates the permitting
skins to be eligible for export under the process by allowing us to issue permits DEPARTMENT OF THE INTERIOR
CEP. This tagging requirement is not a more efficiently. Under this alternative,
CITES requirement; it is a stricter the Service would no longer approve National Park Service
domestic measure promulgated by the State or tribal export programs, but [NPS–WASO–NRNHL–22950;
Service through the U.S. CITES individuals may still seek permits on a PPWOCRADI0, PCU00RP14.R50000]
implementing regulations. Under our case-by-case basis for each specimen to
current regulations, the Service could be exported. This would also require the National Register of Historic Places;
institute a different verification system Service to make individual legal Notification of Pending Nominations
for legal acquisition that relies on paper acquisition findings for each specimen and Related Actions
recordkeeping at the State, tribal, or to be exported, as the Service currently
exporter level, provided such an AGENCY: National Park Service, Interior.
does for specimens originating from
alternative method is able to provide us States or Tribes without an approved ACTION: Notice.
with the necessary information to make program. This alternative would
the required findings to allow export SUMMARY: The National Park Service is
increase the length of time for exporters soliciting comments on the significance
under CITES. This could consist of to obtain permits and would be overly
affidavits or trapper diaries or other of properties nominated before February
burdensome to both the Service and 11, 2017, for listing or related actions in
bookkeeping mechanisms if they exporters.
provide substantially the same the National Register of Historic Places.
sradovich on DSK3GMQ082PROD with NOTICES
information as the tagging system. This Public Availability of Comments DATES: Comments should be submitted
no tag alternative is essentially a We will not consider comments sent by March 27, 2017.
substitute for the tagging system. This by email or fax, or to an address not ADDRESSES: Comments may be sent via
alternative would require devising a listed above in ADDRESSES. Comments U.S. Postal Service to the National
new chain-of-custody documentation and materials we receive in response to Register of Historic Places, National
system, and would require re-educating this notice will be available for public Park Service, 1849 C St. NW., MS 2280,
trappers, exporters, and State and inspection on http:// Washington, DC 20240; by all other
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Document Created: 2018-02-01 14:52:56
Document Modified: 2018-02-01 14:52:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for public comments. | |
| Dates | We will consider all information and comments we receive on or before April 10, 2017. | |
| Contact | Craig Hoover, Chief, Division of Management Authority, U.S. Fish and Wildlife Service, MS: IA; 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2095; facsimile 703-358-2298. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800-877-8339. | |
| FR Citation | 82 FR 13360 |
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