[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