[Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
[Proposed Rules]
[Pages 2354-2356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-702]


=======================================================================
-----------------------------------------------------------------------

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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) proposes to amend 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, 
Jacksonville, and Panama City, Florida, as designated ports for the 
importation of saw-logs, sawn wood, and veneers 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 proposes to amend 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 would 
facilitate trade and the enforcement of the Act and CITES.
    Additionally, the Service proposes to amend 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 saw-logs, sawn 
wood, and veneers from trees listed as endangered or threatened under 
the Act, or listed under CITES, as discussed in the above paragraph.

DATES: Comments must be submitted on or before March 17, 1997. Requests 
for a public hearing must be received by March 3, 1997.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to Kenneth B. Stansell, Chief, Office of Management Authority, 
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 430, 
Arlington, Virginia 22203. Comments and materials may be hand-delivered 
to the same address between the hours of 8:00 a.m. and 4:00 p.m. Monday 
through Friday during the comment period.

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

[[Page 2355]]

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.)
    For the purposes of its enforcement of the Act and CITES, the 
Service requires that a port have personnel with expertise in 
identifying plants listed as endangered or threatened under the Act, or 
listed under CITES, to ensure that such plants are properly identified 
by their accompanying documentation. A port also must possess adequate 
facilities for holding live plants and plant material, since plants are 
subject to seizure if imported, exported, or reexported in violation of 
the Act or CITES. The Service further requires that, whenever possible, 
ports be located to coincide with established patterns of plant trade 
in order to help reduce shipping costs.
    Effective November 16, 1995, saw-logs, sawn wood, and veneers of 
bigleaf mahogany (Swietenia macrophylla) from populations in the 
Americas (North America, South America, and the Caribbean) were listed 
on CITES Appendix III at the request of the government of Costa Rica. 
As a consequence of this listing, an export of the material included in 
the listing, from any country except Costa Rica, must be accompanied by 
a CITES certificate of origin issued by the government of that country. 
An export from Costa Rica of the material included in the listing must 
be accompanied by a CITES export permit issued by the Costa Rican 
government. Saw-logs, sawn wood, and veneers from listed trees 
currently may be imported into the United States through one of the 
ports listed in section 24.12(a), designated for the importation, 
exportation, or reexportation of plants listed as endangered or 
threatened under the Act, or listed under CITES; or through one of the 
ports listed in section 24.12(e), designated for the importation of 
logs and lumber from trees listed as endangered or threatened under the 
Act, or listed under CITES. [As part of this proposed rulemaking, the 
Service is, for the purposes of correctness and consistency, proposing 
to amend section 24.12(e) by replacing the term ``logs and lumber'' 
with the term ``saw-logs, sawn wood, and veneers,'' which is the term 
used in the CITES listings and in 50 CFR part 23.]
    The USDA ports at Laredo, Texas; and Fort Lauderdale, Jacksonville, 
and Panama City, Florida, are established ports of entry for bigleaf 
mahogany saw-logs, sawn wood, and veneers imported into the United 
States. Since bigleaf mahogany now is listed in the appendices to 
CITES, these four ports must, in order to avoid disrupting an 
established pattern of legitimate trade, be added to the list of ports 
designated for the importation of saw-logs, sawn wood, and veneers from 
trees listed as endangered or threatened under the Act, or listed under 
CITES.
    Therefore, the Service has been asked by the USDA to add the USDA 
ports at Laredo, Fort Lauderdale, Jacksonville, and Panama City to the 
list of ports in section 24.12(e), designated for the importation of 
saw-logs, sawn wood, and veneers from trees listed as endangered or 
threatened under the Act, or listed under CITES. [Although the USDA 
port at Laredo is currently listed in section 24.12(a), the USDA no 
longer operates that port as a plant inspection station and has 
proposed (in 60 FR 13382; March 13, 1995) to remove it from the list of 
plant inspection stations in its regulations in 7 CFR 319.37-14. 
Because its plant inspection station has closed, Laredo 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. Therefore, in this proposed rule the 
Service is proposing to remove Laredo from the list of ports in section 
24.12(a), adding it instead to the list of ports in section 24.12(e).]
    The Service also has been asked by the USDA to allow the 
importation of artificially propagated plants listed as endangered or 
threatened under the Act, or listed under CITES, from Canada through 
the USDA port of Port Huron, Michigan. In order to allow such 
importations, the Service must add Port Huron to the list of ports in 
section 24.12(d), designated for the importation from Canada and the 
exportation and reexportation to Canada of plants listed as endangered 
or threatened under the Act, or listed under CITES. 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. Adding Port Huron would 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.
    After consultations with the USDA, the Service has determined that 
the USDA ports at Laredo, Fort Lauderdale, Jacksonville, Panama City, 
and Port Huron possess adequate facilities and personnel to carry out 
enforcement activities related to the Act and CITES. Additionally, 
these locations appear to coincide with established patterns of trade. 
Therefore, the Service proposes to add the ports at Laredo, Fort 
Lauderdale, Jacksonville, and Panama City to the list of 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, and to add the port at Port Huron to the list of designated 
ports 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.

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 confers 
designated port status on any port. Accordingly, the Service will 
accept public hearing requests within 45 days of the publication of 
this proposed rule. Send requests to the Service's Office of Management 
Authority at the address listed in the ADDRESSES section of this 
document.

Economic Effects

    The USDA ports at Laredo, Texas; and Fort Lauderdale, Jacksonville, 
and Panama City, Florida, are established primary ports of entry for 
bigleaf mahogany saw-logs, sawn wood, and veneers imported into the 
United States. Since bigleaf mahogany now is listed in the appendices 
to CITES, the addition of these four ports to the list of ports 
designated for the importation of saw-logs, sawn wood, and veneers from 
trees listed as endangered or threatened under the Act, or listed under 
CITES, would 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 would not have a 
significant economic impact on any private entities, nor on local or 
State governments. Also, adding these ports would 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

[[Page 2356]]

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, 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 would not have a significant economic 
impact on any private entities, nor on local or State governments. 
Also, adding this port would 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 would 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 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 of 1980 (5 U.S.C. 601 et seq.) that this rulemaking 
would not have a significant effect on a substantial number of small 
entities, which include 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 would 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 would 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 would 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 proposed 
regulations meet the applicable standards provided in Sections 3(a) and 
3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    The Service has examined this proposed 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, and 
Plants.
    Accordingly, the Service proposes to amend title 50, part 24 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 would be amended by: 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 parts.

* * * * *
    (e) The U.S. Department of Agriculture ports at Mobile, Alabama; 
Fort Lauderdale, 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 saw-logs, sawn wood, and veneers 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: December 5, 1996.
George T. Frampton,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 97-702 Filed 1-15-97; 8:45 am]
BILLING CODE 4310-55-P