Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 104891 

www.regulations.gov and insert ‘ACF– 

2024–0014’ in the ‘Search’ box.’’ 

3. On page 93512, in the first column, 

in the first sentence of the first full 

paragraph, ‘‘At § 412.102(c), ORR is 

establishing a process for substantiated 

perpetrators at Tier I or Tier II to appeal 

of ORR’s disposition’’ is corrected to 

read ‘‘At § 412.102(c), ORR is 

establishing a process for substantiated 

perpetrators at Tier I or Tier II to appeal 

ORR’s disposition.’’ 

4. On page 93512, in the third 

column, in the first full paragraph, ‘‘The 

ALJ will issue a written decision 

upholding, modifying, or reversing the 

ORR’s disposition.’’ is corrected to read 

‘‘The ALJ will issue a written decision 

upholding, modifying, or reversing 

ORR’s disposition.’’ 

5. On page 93512, in the third 

column, the text ‘‘Under § 412.102(e)(1), 

a substantiated perpetrator at Tier I or 

Tier II may request review of the ALJ’s 

decision within 30 days of receipt of the 

ALJ’s decision, by filing a request for 

review with Office of the Assistant 

Secretary for ACF.’’ is corrected to read 

‘‘Under § 412.102(e)(1), a substantiated 

perpetrator at Tier I or Tier II may 

request review of the ALJ’s decision 

within 30 days of receipt of the ALJ’s 

decision, by filing a request for review 

with the Office of the Assistant 

Secretary for ACF.’’ 

6. On page 93513, in the first full 

sentence of the first column, the text 

‘‘Under § 412.102(e)(2), the Assistant 

Secretary has discretion, within 30 days 

after receiving a timely request for 

review of an ALJ’s decision under 

§ 412.102(e)(1), to review the ALJ’s 

decision and to dismiss a request for 

review based on untimeliness or other 

procedural defects, or to affirm, modify, 

or reverse the ALJ’s decision with regard 

to dismissal or ORR’s disposition of the 

allegation.’’ is corrected to read ‘‘Under 

§ 412.102(e)(2), the Assistant Secretary 

has discretion, within 30 days after 

receiving a timely request for review of 

an ALJ’s decision under § 412.102(e)(1), 

to review the ALJ’s decision to dismiss 

a request for review based on 

untimeliness or other procedural 

defects, and to affirm, modify, or reverse 

the ALJ’s decision with regard to 

dismissal or ORR’s disposition of the 

allegation.’’ 

7. On page 93517, in the first column, 

the List of Subjects in corrected to read: 

‘‘List of Subjects in 45 CFR Part 412 

Administrative practice and 

procedure, Aliens, Child welfare, 

Reporting and recordkeeping 

requirements, Unaccompanied 

children.’’ 

Corrections to the Regulatory Text 

PART 412—[Amended] 

■ 1. On page 93517, in the first column, 

add the authority citation for part 412 

following the table of contents for the 

part to read as follows: 

‘‘Authority: 6 U.S.C. 279.’’ 

■ 2. On page 93520, in the second 

column, in § 412.101, paragraph (c) is 

corrected to read as follows: 

§ 412.101 [Corrected] 

* * * * * 

(c) Disciplinary sanctions. Care 

provider facilities must implement 

appropriate disciplinary or remedial 

measures where they or ORR find that 

care provider facility staff, contractors 

or sub-grantees of the care provider 

facility, or care provider facility 

volunteers engaged in conduct that does 

not rise to the level of a Tier I 

substantiated allegation, as defined at 

§ 412.001, but nevertheless raises child 

welfare concerns. 

* * * * * 

■ 3. On page 93521, in § 412.102: 

■ a. In the first column, paragraph (d)(1) 

is corrected; 

■ b. In the second column, paragraphs 

(d)(7) and (8) are corrected; and 

■ c. In the third column, paragraphs 

(e)(1) and (6) are corrected. 

The corrections read as follows: 

§ 412.102 [Corrected] 

* * * * * 

(d) * * * 

(1) When a substantiated perpetrator 

at Tier I or Tier II appeals ORR’s 

disposition to an ALJ pursuant to 

paragraph (c)(1)(i) of this section, ORR 

must transmit to the ALJ all of the 

evidence upon which the disposition 

was based. 

* * * * * 

(7) The ALJ shall conduct a fair and 

impartial hearing and de novo review to 

determine whether the substantiated 

perpetrator met their burden of 

establishing that, considering the 

totality of the evidence, there is not a 

preponderance of the evidence to 

support the substantiated allegation. 

The ALJ may either dismiss the case for 

untimeliness, withdrawal of the appeal, 

abandonment of the appeal, or because 

the individual does not have the right to 

appeal or because of other procedural 

defects, or will issue a written decision 

to uphold, modify, or reverse ORR’s 

disposition. 

(8) The ALJ shall serve a copy of the 

decision upon the parties and the 

Assistant Secretary for ACF. The ALJ’s 

decision shall provide the sustained 

perpetrator at Tier I or Tier II and their 

attorney, if any, with instructions for 

requesting review by the Assistant 

Secretary for ACF. The ALJ also shall 

provide a copy of the decision to the 

alleged victim and the alleged victim’s 

parent(s), legal guardian(s) (as 

appropriate), or sponsor(s). The 

complete record upon which the 

decision is based shall be made 

available to the Assistant Secretary 

* * * * * 

(e) * * * 

(1) A substantiated perpetrator at Tier 

I or Tier II may request a review of the 

ALJ’s decision within 30 days of receipt 

of the ALJ’s decision, by filing a request 

for review with the Office of the 

Assistant Secretary for ACF. 

* * * * * 

(6) The Office of the Assistant 

Secretary for ACF shall serve a copy of 

the final decision upon the parties 

involved. The Office of the Assistant 

Secretary for ACF also shall provide a 

copy of the final decision issued by the 

Assistant Secretary, based on review of 

the ALJ’s decision under this paragraph 

(e), to the alleged victim and the alleged 

victim’s parent(s), legal guardian(s) (as 

appropriate), or sponsor(s). 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary, Department of Health 

and Human Services. 

[FR Doc. 2024–30755 Filed 12–23–24; 8:45 am] 

BILLING CODE 4184–45–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2023–0033; 

FXES1113090FEDR–256–FF09E22000] 

RIN 1018–BH98 

Endangered and Threatened Wildlife 

and Plants; Emergency Listing of the 

Blue Tree Monitor as an Endangered 

Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), exercise our 

authority pursuant to the Endangered 

Species Act of 1973, as amended (Act), 

to emergency list the blue tree monitor 

(Varanus macraei), a lizard species from 

Indonesia, as an endangered species. 

Due to overcollection for the 

international pet trade and 


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deforestation, there is a significant risk 

to the well-being of the species. We find 

that the emergency listing is necessary 

in order to provide the protective 

measures afforded by the Act to the blue 

tree monitor. This emergency action 

(emergency rule) provides Federal 

protection pursuant to the Act for a 

period of 240 days. A proposed rule to 

list the blue tree monitor is published 

concurrently with this emergency rule 

in the Proposed Rules section of this 

issue of the Federal Register. 

DATES: This temporary rule is effective 

December 26, 2024 through August 25, 

2025. 

ADDRESSES: This temporary rule, the 

species status assessment report and 

other materials related to this temporary 

rule, and the proposed rule published 

concurrently with this temporary rule 

are available on the internet at https:// 

www.regulations.gov under Docket No. 

FWS–HQ–ES–2023–0033. 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Manager, Branch of 

Delisting and Foreign Species, 

Ecological Services Program, U.S. Fish 

and Wildlife Service, MS: ES, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; telephone 703–358–2171. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On April 15, 2022, we received a 

petition from the Center for Biological 

Diversity requesting that the blue tree 

monitor be listed as an endangered or 

threatened species and that the petition 

be considered on an emergency basis. 

The Endangered Species Act of 1973, as 

amended (Act; 16 U.S.C. 1531 et seq.), 

does not provide a process to petition 

for emergency listing; therefore, we 

evaluated the petition to determine if it 

presented substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

On August 17, 2023, we published in 

the Federal Register (88 FR 55991) a 90- 

day finding that the petition presented 

substantial scientific and commercial 

information indicating that the 

petitioned action may be warranted. 

Supporting Documents 

A species status assessment (SSA) 

team prepared an SSA report, which is 

currently under peer review, for the 

blue tree monitor. The SSA team was 

composed of Service biologists, in 

consultation with other species experts. 

The SSA report represents a 

compilation of the best scientific and 

commercial data available concerning 

the status of the species, including the 

impacts of past, present, and future 

factors (both negative and beneficial) 

affecting the species. 

In accordance with our joint policy on 

peer review published in the Federal 

Register on July 1, 1994 (59 FR 34270), 

and our August 22, 2016, memorandum 

updating and clarifying the role of peer 

review in listing and recovery actions 

under the Act (https://www.fws.gov/ 

sites/default/files/documents/peerreview-policy-directors-memo-2016-08- 

22.pdf), we will solicit independent 

scientific review of the information 

contained in the blue tree monitor SSA 

report concurrent with the open 

comment period identified in the 

proposed rule that is published 

concurrently with this emergency action 

(emergency rule) and found in the 

Proposed Rules section of this issue of 

the Federal Register. The SSA report 

and other materials related to this 

emergency rule, including the proposed 

rule, can be found at https://

www.regulations.gov under Docket No. 

FWS–HQ–ES–2023–0033. We note that, 

because we were already conducting a 

status review of the species, we had 

completed an SSA report prior to 

publishing this emergency listing rule. 

Therefore, we discretionarily 

incorporate information from the SSA 

report here, recognizing emergency 

listing rules do not require this level of 

detail and analysis. 

Species Information 

A thorough review of the taxonomy, 

life history, and ecology of the blue tree 

monitor is presented in the SSA report 

(Service 2024, entire). 

The blue tree monitor (Varanus 

macraei) is a species of monitor lizard 

that was first described in 2001 (Bo ̈hme 

and Jacobs 2001, entire), and genetic 

testing confirms it is a distinct species 

(Ziegler et al. 2007, p. 16) that occupies 

the V. prasinus species complex 

(subgenus Hapturosaurus; Bucklitsch et 

al. 2016, pp. 37–38). The blue tree 

monitor has sharp claws, a long 

prehensile tail, and smooth and 

unkeeled neck scales, and it is 

distinguished from other tree monitor 

species by a unique blue spotted pattern 

throughout its body (Bo ̈hme and Jacobs 

2001, pp. 7–9; Auliya and Koch 2020, p. 

72). Adults average a snout vent length 

of 31 centimeters (cm) (12.2 inches (in)) 

and total length of 88 cm (34.6 in) 

(Arida et al. 2021, p. 115; Del Canto 

2013, p. 19; Ziegler et al. 2009, p. 123). 

The blue tree monitor is a narrowranging endemic (highly local and 

known to exist only in their place of 

origin), and is native to the island of 

Batanta, within the Raja Ampat Islands 

of Papua, Indonesia (Bo ̈hme and Jacobs 

2004, p. 214). The species is rarely 

encountered on Batanta, so there is little 

detail available on its life-history and 

habitat requirements (Philipp and 

Philipp 2007, p. 867; Auliya and Koch 

2020, p. 72). The blue tree monitor is 

diurnal and arboreal (Bo ̈hme and Jacobs 

2004, p. 214; Del Canto 2013, p. 19; 

Ziegler et al. 2009, p. 122), primarily 

feeds on invertebrates (Auliya and Koch 

2020, p. 72; Del Canto 2013, p. 20), and 

occupies low-lying forested habitats 

with an ambient humidity that ranges 

from 65 to 100 percent (Del Canto 2013, 

p. 19; Sprackland 2011, unpaginated). 

No quantitative population 

information exists for the species 

(Bennett 2015, p. 50), though there is 

evidence of declines in the wild 

population on Batanta as a result of 

overcollection for the pet trade (Arida et 

al. 2021, pp. 113–114; Del Canto 2013, 

p. 19). Blue tree monitors are valuable 

on the international pet market, and 

collecting and selling them is a source 

of income for local residents on Batanta 

(Arida et al. 2021, pp. 112–115). Blue 

tree monitors have been overcollected to 

the point that the species is now 

undetectable or extirpated from 

multiple localities on eastern Batanta 

(Del Canto 2013, p. 19; Arida et al. 2021, 

pp. 112–114), and lizard hunters report 

they are finding fewer specimens during 

week-long hunting sessions than they 

were historically and now must travel to 

more remote areas of the island to 

collect the species (Arida et al. 2021, pp. 

114–116). Monitor lizards have a high 

mortality rate along the trade route and 

in captivity (Natusch and Lyons 2012, p. 

2902; Mendyk 2015, p. 3), and many 

individuals are injured or die before 

they are exported from Indonesia 

(Natusch and Lyons 2012, p. 2902). 

Thus, the number of individuals in 

trade reported by the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES) Trade Database are likely a 

fraction of those that are taken from the 

wild. 

According to the CITES Trade 

Database, between 2003 and 2022, a 

total of 5,502 individual blue tree 

monitors were exported from Indonesia 

for commercial purposes (Service 2024, 

p. 11). The Service’s Law Enforcement 

Management Information System 

(LEMIS) recorded the importation of 

1,584 live blue tree monitors into the 


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United States between March 2004 and 

August 2024 (Service 2024, p. 11). 

During this period, the declared value 

per individual blue tree monitor has 

nearly doubled, which is likely a 

reflection of the increasing rarity of the 

species, and the increasing demand for 

the species driving further pressure on 

the species in the wild (Service 2024, p. 

9). In 2023, LEMIS recorded the 

importation of 153 individual blue tree 

monitors, the highest annual 

importation on record, and a clear signal 

that the trade of blue tree monitors is 

continuing at a likely unsustainable 

level (Service 2024, p. 11). Because 

reptile collectors often desire to keep 

rare and brightly colored species in their 

collection (Altherr and Lameter 2020, p. 

6), the demand for blue tree monitors on 

the international pet market will likely 

continue to remain high. Overcollection 

for the pet trade is known to cause 

extirpations in newly described reptile 

species (Stuart et al. 2006, p. 1137). 

Overcollection represents an immediate 

threat to the blue tree monitor’s viability 

because unsustainable exploitation will 

likely lead to the species becoming a 

rarer and more valuable commodity on 

the pet market, thus a more appealing 

target for collection, and may ultimately 

drive the wild population into an 

extinction vortex (Janssen and 

Krishnasamy 2018, pp. 2–3). 

Furthermore, much of the blue tree 

monitor’s limited habitat has already 

been lost due to deforestation (Webb 

2005, p. 25; Newman and Valentinus 

2005, p. 19; Takeuchi 2003, p. 105), and 

the species’ viability is further 

threatened by a projected increase in 

extreme weather events resulting from 

climate change (Kurniadi et al. 2024, p. 

160; Christensen et al. 2007, p. 879; Lee 

et al. 2023, p. 12; Ahmad et al. 2019, p. 

2). 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, we determined that the 

blue tree monitor population has been 

reduced across its range, due to the loss 

of its limited habitat and overcollection 

for the international pet trade. Because 

the blue tree monitor exists in a single 

population that is endemic to a small 

island that is threatened by historical 

and current habitat loss, it is at 

increased risk of extirpation due to 

stochastic and catastrophic events, 

leaving the species immediately 

susceptible to extinction. The blue tree 

monitor currently maintains insufficient 

resiliency, redundancy, and 

representation for its continued 

existence to be secure. Thus, after 

assessing the best scientific and 

commercial data available, we 

determine that the blue tree monitor is 

in danger of extinction throughout all of 

its range. 

For further discussion of the blue tree 

monitor’s biological background 

information and biological status, 

previous Federal actions concerning the 

species, our threats analysis for the 

species, conservation efforts and 

regulatory mechanisms affecting the 

species, our determination of the 

species’ status under the Act, and 

conservation measures available to 

listed and proposed species under the 

Act, consult the proposed rule to list the 

blue tree monitor as an endangered 

species that is published in this issue of 

the Federal Register. The information 

contained in the proposed rule 

supports, and provides further detail on, 

the rationale for this temporary rule 

(emergency action) to list the blue tree 

monitor as an endangered species under 

the Act. 

Reasons for Emergency Determination 

Under section 4(b)(7) of the Act and 

regulations at 50 CFR 424.20, we may 

emergency list a species if the threats to 

the species constitute an emergency 

posing a significant risk to its wellbeing. 

An emergency listing will take effect 

immediately upon publication in the 

Federal Register, and it expires 240 

days following publication in the 

Federal Register unless, during this 

240-day period, we list the species 

following the normal listing procedures. 

In accordance with the Act, if at any 

time after we publish this emergency 

rule, we determine that substantial 

evidence does not exist to warrant such 

a rule, we will withdraw it. 

We conclude that emergency listing 

the blue tree monitor as an endangered 

species is warranted. In making this 

determination, we have carefully 

assessed the best scientific and 

commercial data available regarding the 

past, present, and future threats faced by 

the blue tree monitor. As discussed 

above, and in the proposed rule 

published concurrently with this rule, 

ongoing and recently increasing 

overcollection for the pet trade, 

combined with habitat loss, poses a 

significant and imminent threat to the 

blue tree monitor, such that continued 

unsustainable exploitation may soon 

lead to the extirpation of the species. 

Significant and possibly irreversible 

negative impacts to the species may 

occur before listing could become 

effective following completion of the 

usually required rulemaking procedures 

for listing a species. We, therefore, 

conclude that the current circumstances 

constitute an emergency. 

By emergency listing the blue tree 

monitor as an endangered species, the 

protections of the Act (through sections 

7, 9, and 10) and recognition that will 

immediately become available to the 

species will increase the likelihood that 

it can be saved from extinction. 

Published concurrently in the Proposed 

Rules section of this issue of the Federal 

Register (see also Docket No. FWS–HQ– 

ES–2023–0033 in https://

www.regulations.gov), we are proposing 

to list the blue tree monitor (Varanus 

macraei) as an endangered species due 

to the imminent risk of extinction 

resulting from habitat loss and 

overcollection for the pet trade. For the 

reasons discussed in the preamble of 

that proposed rule, we propose in that 

document to make this emergency 

listing permanent. 

Available Conservation Measures 

The purposes of the Act are to provide 

a means whereby the ecosystems upon 

which endangered species and 

threatened species depend may be 

conserved, to provide a program for the 

conservation of such endangered 

species and threatened species, and to 

take such steps as may be appropriate to 

achieve the purposes of the treaties and 

conventions set forth in the Act. Under 

the Act, a number of steps are available 

to advance the conservation of species 

listed as endangered or threatened 

species. As explained further below, 

these conservation measures include: (1) 

recognition, (2) recovery actions, (3) 

requirements for Federal protection, (4) 

financial assistance for conservation 

programs, and (5) prohibitions against 

certain activities. 

Recognition through listing results in 

public awareness, as well as in 

conservation by Federal, State, Tribal, 

and local agencies, foreign governments, 

private organizations, and individuals. 

The Act encourages cooperation with 

the States and other countries and calls 

for recovery actions to be carried out for 

listed species. 

Section 7 of the Act is titled, 

‘‘Interagency Cooperation,’’ and it 

mandates all Federal action agencies to 

use their existing authorities to further 

the conservation purposes of the Act 

and to ensure that their actions are not 

likely to jeopardize the continued 

existence of listed species or adversely 

modify critical habitat. Regulations 

implementing section 7 are codified at 

50 CFR part 402. 

Section 7(a)(2) states that each Federal 

action agency shall, in consultation with 

the Secretary, ensure that any action 

they authorize, fund, or carry out is not 

likely to jeopardize the continued 

existence of a listed species or result in 


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104894 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 

the destruction or adverse modification 

of designated critical habitat. 

A Federal ‘‘action’’ that is subject to 

the consultation provisions of section 

7(a)(2) of the Act is defined in our 

implementing regulations at 50 CFR 

402.02 as all activities or programs of 

any kind authorized, funded, or carried 

out, in whole or in part, by Federal 

agencies in the United States or upon 

the high seas. With respect to the blue 

tree monitor, no known actions will 

require consultation under section 

7(a)(2) of the Act. Given the regulatory 

definition of ‘‘action,’’ which clarifies 

that it applies to activities or programs 

‘‘in the United States or upon the high 

seas,’’ the blue tree monitor is unlikely 

to be the subject of section 7 

consultations, because the entire life 

cycle of this species occurs in terrestrial 

areas outside of the United States and 

the species is unlikely to be affected by 

U.S. Federal actions. Additionally, no 

critical habitat will be designated for 

this species because, under 50 CFR 

424.12(g), we will not designate critical 

habitat within foreign countries or in 

other areas outside of the jurisdiction of 

the United States. 

Section 8(a) of the Act (16 U.S.C. 

1537(a)) authorizes the provision of 

limited financial assistance for the 

development and management of 

programs that the Secretary of the 

Interior determines to be necessary or 

useful for the conservation of 

endangered or threatened species in 

foreign countries. Sections 8(b) and 8(c) 

of the Act (16 U.S.C. 1537(b) and (c)) 

authorize the Secretary to encourage 

conservation programs for foreign listed 

species, and to provide assistance for 

such programs, in the form of personnel 

and the training of personnel. 

The Act and its implementing 

regulations set forth a series of general 

prohibitions and exceptions that apply 

to endangered wildlife. The prohibitions 

of section 9(a)(1) of the Act, and the 

Service’s implementing regulations 

codified at 50 CFR 17.21, make it illegal 

for any person subject to the jurisdiction 

of the United States to commit, to 

attempt to commit, to solicit another to 

commit, or to cause to be committed any 

of the following acts with regard to any 

endangered wildlife: (1) import into, or 

export from, the United States; (2) take 

(which includes harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect, or to attempt to engage in any 

such conduct) within the United States, 

within the territorial sea of the United 

States, or on the high seas; (3) possess, 

sell, deliver, carry, transport, or ship, by 

any means whatsoever, any such 

wildlife that has been taken illegally; (4) 

deliver, receive, carry, transport, or ship 

in interstate or foreign commerce, by 

any means whatsoever and in the course 

of commercial activity; or (5) sell or 

offer for sale in interstate or foreign 

commerce. Certain exceptions to these 

prohibitions apply to employees or 

agents of the Service, the National 

Marine Fisheries Service, other Federal 

land management agencies, and State 

conservation agencies. 

We may issue permits to carry out 

otherwise prohibited activities 

involving endangered wildlife under 

certain circumstances. Regulations 

governing permits for endangered 

wildlife are codified at 50 CFR 17.22, 

and general Service permitting 

regulations are codified at 50 CFR part 

13. With regard to endangered wildlife, 

a permit may be issued: for scientific 

purposes, for enhancing the propagation 

or survival of the species, or for take 

incidental to otherwise lawful activities. 

The statute also contains certain 

exemptions from the prohibitions, 

which are found in sections 9 and 10 of 

the Act. 

The Service may also register persons 

subject to the jurisdiction of the United 

States through its captive-bred wildlife 

(CBW) program if certain established 

requirements are met under the CBW 

regulations (see 50 CFR 17.21(g)). 

Through a CBW registration, the Service 

may allow a registrant to conduct 

certain otherwise prohibited activities 

under certain circumstances to enhance 

the propagation or survival of the 

affected species, including take; export 

or re-import; delivery, receipt, carriage, 

transport, or shipment in interstate or 

foreign commerce in the course of a 

commercial activity; or sale or offer for 

sale in interstate or foreign commerce. A 

CBW registration may authorize 

interstate purchase and sale only 

between entities that both hold a 

registration for the taxon concerned. 

The CBW program is available for 

species having a natural geographic 

distribution not including any part of 

the United States and other species that 

the Service Director has determined to 

be eligible by regulation. The individual 

specimens must have been born in 

captivity in the United States. 

The provisions in section 9(b)(1) of 

the Act (16 U.S.C. 1538(b)(1)) provide a 

limited exemption from certain 

otherwise prohibited activities regarding 

wildlife specimens held in captivity or 

in a controlled environment on the preAct date (for species first listed after the 

enactment of the Endangered Species 

Act, the pre-Act date is the date of 

publication in the Federal Register of 

the final regulation adding such species 

to the List of Endangered and 

Threatened Wildlife for the first time), 

provided that such holding and any 

subsequent holding or use of the 

wildlife was not in the course of a 

commercial activity (commonly referred 

to as ‘‘pre-Act’’ specimens) (96 Stat. 

1426–27 (1982); H.R. Rep. No. 97–835, 

97th Cong., 2nd Sess., at 35 (1982) 

(Conf. Rep.); S. Rep. No. 97–418, 97th 

Cong., 2nd Sess., at 24–25 (1982)). 

Specifically, section 9(b)(1) of the Act 

states that the prohibitions of sections 

9(a)(1)(A) and 9(a)(1)(G) shall not apply 

to any fish or wildlife which was held 

in captivity or in a controlled 

environment on (A) December 28, 1973, 

or (B) the date of the publication in the 

Federal Register of a final regulation 

adding such fish or wildlife to any list 

of species published pursuant to section 

4(c) of the Act (as relevant to listed 

wildlife, the List of Endangered and 

Threatened Wildlife at 50 CFR 17.11(h)) 

that such holding and any subsequent 

holding or use of the fish or wildlife was 

not in the course of a commercial 

activity. 

Therefore, for pre-Act wildlife, there 

is a limited exemption from the 

prohibitions associated with: (1) import 

into, or export from, the United States 

of any endangered wildlife, or (2) 

violation of regulations pertaining to 

endangered or threatened wildlife. 

Other prohibitions of section 9— 

including those at section 9(a)(1)(B)–(F), 

regarding take of endangered wildlife, 

possession and other acts with 

unlawfully taken wildlife, interstate or 

foreign commerce in endangered 

wildlife, and sale or offer for sale of 

endangered wildlife—continue to apply 

to activities with qualifying endangered 

pre-Act wildlife specimens. Specimens 

born after the pre-Act date and 

specimens taken from the wild after the 

pre-Act date do not qualify as ‘‘pre-Act’’ 

wildlife under the text of section 9(b)(1) 

of the Act. If a person engages in any 

commercial activity with a ‘‘pre-Act’’ 

specimen on or after the pre-Act date, 

the wildlife would immediately cease to 

qualify as pre-Act wildlife and become 

subject to the relevant prohibitions, 

because it has been held or used in the 

course of a commercial activity. 

Additional requirements apply to 

activities with all blue tree monitors, 

separate from their listing or proposed 

listing as endangered species or 

threatened species. As a CITES-listed 

species, all international trade of any 

blue tree monitor by persons subject to 

the jurisdiction of the United States 

must also comply with CITES 

requirements pursuant to section 9, 

paragraphs (c) and (g), of the Act (16 

U.S.C. 1538(c) and (g)) and to 50 CFR 

part 23. As ‘‘fish or wildlife’’ (16 U.S.C. 

1532(8)), blue tree monitor imports and 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 104895 

exports must also meet applicable 

wildlife import/export requirements 

established under section 9, paragraphs 

(d), (e), and (f), of the Act (16 U.S.C. 

1538(d), (e), and (f)); the Lacey Act 

Amendments of 1981 (16 U.S.C. 3371 et 

seq.); and 50 CFR part 14. Questions 

regarding whether specific activities 

with blue tree monitor would constitute 

a violation of section 9 of the Act should 

be directed to the Service’s Division of 

Management Authority 

(managementauthority@fws.gov; 703– 

358–2104). 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.), need not be 

prepared in connection with listing a 

species as an endangered or threatened 

species under the Endangered Species 

Act. We published a notice outlining 

our reasons for this determination in the 

Federal Register on October 25, 1983 

(48 FR 49244). 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Branch of 

Delisting and Foreign Species (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this rule are 

the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Branch of Delisting and 

Foreign Species. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Signing Authority 

Martha Williams, Director of the U.S. 

Fish and Wildlife Service, approved this 

action on December 3, 2024. Acting 

Director Steve Guertin approved these 

packages December 15, 2024. On 

December 16, 2024, the acting Director 

authorized the undersigned to sign the 

document electronically and submit it 

to the Office of the Federal Register for 

publication as an official document of 

the U.S. Fish and Wildlife Service. 

Regulation Promulgation 

Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. In § 17.11, in paragraph (h), amend 

the List of Endangered and Threatened 

Wildlife by adding an entry for 

‘‘Monitor, blue tree’’ in alphabetical 

order under REPTILES to read as 

follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

Reptiles 

*******

Monitor, blue tree ........................ Varanus macraei ....................... Wherever found ......................... E 89 [Insert Federal Register Page Where Document Begins], 12/26/2024. 

*******

Madonna Baucum, 

Regulations and Policy Chief, Division of 

Policy, Economics, Risk Management, and 

Analytics of the Joint Administrative 

Operations, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–30375 Filed 12–23–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 240514–0137; RTID 0648– 

XE258] 

Fisheries Off West Coast States; 

Modification of the West Coast Salmon 

Fisheries; Inseason Actions #4–16 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2024 

management measures. 

SUMMARY: NMFS announces 13 inseason 

actions for the 2024–2025 ocean salmon 

fishing season. These inseason actions 

modify the recreational and commercial 

salmon troll fisheries in the area from 

the U.S./Canada border to Humbug 

Mountain, OR. 

DATES: The effective dates for these 

inseason actions are set out in this 

document under the heading ‘‘Inseason 

Actions’’ and the actions remain in 

effect until superseded or modified. 

FOR FURTHER INFORMATION CONTACT: 

Anna Heeter, (971) 361–8895, 

Anna.Heeter@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The annual management measures for 

the 2024 and early 2025 ocean salmon 

fisheries (89 FR 44553, May 21, 2024) 

govern the commercial and recreational 

fisheries in the area from the U.S./ 

Canada border to the U.S./Mexico 

border, effective from 0001 hours Pacific 


ddrumheller on DSK120RN23PROD with RULES1