70 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

accommodate the public hearing. In

response to the new information

received on the distribution of the taxon

and public requests, the Service reopens

the public comment period.

The San Diego fairy shrimp a member

of the Branchinectidae, a freshwater

crustacean family in the Order

Anostraca (fairy shrimp). It is a small

and delicate animal with large stalked

compound eyes, no carapace, and 11

pairs of swimming legs. The San Diego

fairy shrimp is restricted to vernal pools

in San Diego County from San Marcos

and Ramona south to Otay Mesa and at

Valle de Palmas in northwestern Baja

California, Mexico. This species is

threatened by one or more of the

following factors: grazing, habitat

destruction and fragmentation from

agricultural and urban development,

alteration of wetlands, recreational

activities, human disturbances, and the

inadequacy of existing regulatory

mechanisms.

The Service reopens the comment

period to allow all interested parties to

submit additional written comments on

the proposal. All comments received on

the San Diego fairy shrimp will be

summarized in the final decision

document and will be included in the

administrative record of the final

decision.

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.)

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: December 20, 1994.

Thomas Dwyer,

Acting Regional Director, Region 1, U.S. Fish

and Wildlife Service.

[FR Doc. 94–32260 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–55–M

50 CFR Part 18

RIN 1018–AD04

Importation of Polar Bear Trophies

From Canada; Proposed Rule to

Implement Section 104(c)(5)(A) of the

1994 Amendments to the Marine

Mammal Protection Act

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: On April 30, 1994, the Marine

Mammal Protection Act (Act) was

amended to allow for the issuance of

permits to import sport-hunted trophies

of polar bears (Ursus maritimus)

(excluding internal organs) legally taken

by the applicant while hunting in

Canada. These permits may also

authorize the importation of trophies of

polar bears taken, but not imported,

prior to the enactment of the

Amendments. Prior to issuing a permit,

the Fish and Wildlife Service (Service)

must make legal and scientific findings

required under section 104(c)(5)(A) of

the Act in consultation with the Marine

Mammal Commission and after notice

and opportunity for public comment.

This proposed rule would establish

application requirements, permit

procedures, issuance criteria and permit

conditions. This notice also proposes a

special issuance fee for each permit as

required by law. Such fees will be used

in developing and implementing

cooperative research and management

programs for the conservation of polar

bears in Alaska and Russia.

This proposed rule does not discuss

the legal and scientific findings required

by the 1994 Amendments that need to

be made prior to issuing an import

permit. The Service is currently working

with the Canadian wildlife authorities

to obtain the needed information to

make these findings. A separate Federal

Register notice will be published in

early 1995 to review the findings.

DATES: The Service will consider

comments and information received by

March 6, 1995 in formulating its

decision on this proposed rule.

ADDRESSES: Comments and information

should be sent to: Director, Fish and

Wildlife Service, c/o Office of

Management Authority, 4401 N. Fairfax

Drive, Room 420C, Arlington, VA

22203.

FOR FURTHER INFORMATION CONTACT:

Margaret Tieger, Office of Management

Authority, at the above address,

telephone (703) 358–2104, extension

5507.

SUPPLEMENTARY INFORMATION: This rule

proposes regulations implementing

provisions of the 1994 Amendments to

the Act that allow for the issuance of

permits to import sport-hunted trophies

of polar bears legally taken by the

applicant while hunting in Canada. At

this time, Canada is the only country

that allows polar bears to be harvested

by non-residents through a regulated

sport-hunting program. These

amendments were signed into law on

April 30, 1994. Prior to that time, those

seeking authority to import polar bear

trophies from Canada were required to

first obtain a waiver of the Act’s

moratorium on importing marine

mammals.

The 1994 Amendments include a

streamlined procedure for authorizing

the importation of these sport-hunted

trophies by permit. This proposed rule

would establish the application

requirements, permit procedures,

issuance criteria, permit conditions and

issuance fee for this type of permit. The

notice discusses each paragraph of the

proposed rule in the section below

titled, ‘‘Section Analysis by Paragraph’’.

Prior to issuing a permit for the

importation of a polar bear trophy, the

Service must make findings consistent

with section 104(c)(5)(A) of the Act, in

consultation with the Marine Mammal

Commission, after publishing notice in

the Federal Register for public

comment. These findings are to ensure

that the trophy was legally taken; that

Canada has a monitored and enforced

hunting program that is consistent with

the 1973 International Agreement on the

Conservation of Polar Bears and is based

on scientifically sound quotas ensuring

the maintenance of the affected

population stock at a sustainable level;

and that the export and subsequent

import meet the requirements of the

Convention on International Trade in

Endangered Species of Wild Fauna and

Flora (CITES) and other international

agreements and conventions and are not

likely to contribute to illegal trade in

bear parts.

This proposed rule does not discuss

the legal and scientific findings required

by the 1994 Amendments that need to

be made prior to issuing an import

permit as the Service does not presently

have all the information it needs to

make such findings. A group of

biologists from the Service and the

National Biological Survey are

consulting with the Canadian wildlife

authorities in December 1994 to gather

information and discuss Canada’s

program. The Service will also be

addressing several questions that have

been raised. A contract report prepared

for the Marine Mammal Commission in

1993 has raised questions about

Canada’s sport-hunting program and its

consistency with the 1973 International

Agreement on the Conservation of Polar

Bears. In addition, the 1994

Amendments require the Service to

determine whether for a particular

population stock, Canada manages its

hunting program through scientificallybased quotas that ensure the

maintenance of a sustainable

population. Canada manages polar bears

at the subpopulation level, that appears

to be consistent with this amendment

and the discussion in the legislative

history on Canada’s management

program in the Northwest Territories

(140 Cong. Rec. H2725, April 26, 1994).
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 71

The Service is gathering the specific

information needed to resolve these and

other related questions concerning the

required findings. In early 1995, the

Service anticipates publishing a

summary of information on polar bear

subpopulations in Canada, Canada’s

management program, and the legal and

scientific findings in the Federal

Register for public comment. At the

same time, the Service will need to

evaluate its actions under the National

Environmental Policy Act, as

appropriate. Once the questions have

been resolved and the Service has made

the findings outlined above, it will be

able to act on specific permit

applications.

Section Analysis by Paragraph

Section 18.30 Polar bear sport-hunted

trophy import permits

This section would establish

application requirements, permit

procedures, issuance criteria, permit

conditions and fees to allow for the

importation of trophies of polar bears

legally taken by the applicant while

sport hunting in Canada. The

requirements in 50 CFR parts 13

(General permit procedures), 14

(Importation, exportation, and

transportation of wildlife) and 23

(species listed in the Appendices to

CITES) must also be met. Thus, for

example, the polar bear is listed in

Appendix II of CITES, and the export

requires a permit issued by the

Canadian Wildlife Service under CITES

in addition to the import permit under

the Act.

Paragraph (a) Application Procedure

Persons desiring to import trophies of

polar bear taken during a sport hunt in

Canada must submit an application to

the Service’s Office of Management

Authority. In addition to completing the

basic information on the official

application form, the applicant must

provide information as prescribed in

this section, including: the purpose of

the taking and proposed use upon

import; names and addresses of the

persons exporting and importing the

polar bear trophy; if the applicant is not

the person who took the specimen

proposed for import, documentation

that the importer is the heir to the estate

of a hunter who died prior to

importation of the trophy; proof that the

polar bear was legally harvested in

Canada by the applicant or by a

decedent from whom the applicant

inherited the trophy, including the tag

number and date, location and manner

of taking; and a description of the polar

bear parts to be imported, including the

number of specimens or parts and the

age, size and sex of the polar bear. This

information is necessary to allow the

Service to determine that the polar bear

trophy in question meets the new

provisions of the law and provides the

specific details the Service needs to

evaluate the application.

Paragraph (b) Definitions

The term ‘‘sport-hunted trophy’’ has

been defined to clarify what parts of the

polar bear are included in the term and

that the item has to be for personal,

noncommercial use. There was concern

that internal organs, such as the gall

bladder, might enter into trade and

possibly contribute to illegal trade in

bear parts. The Committee Report (H.R.

Rep. No. 439, 103d Cong., 2d Sess.

(1994)) states that ‘‘Trophies normally

constitute the hide, hair, skull, teeth,

and claws of the animal, which can be

used by a taxidermist to create a mount

of the animal for display or tanned for

use as a rug. This provision does not

allow the importation of any internal

organ of the animal, including the gall

bladder.’’ The definitions in Parts 10, 18

and 23 of 50 CFR also apply.

Paragraph (c) Review by the Marine

Mammal Commission

The law requires that the Service

consult with the Marine Mammal

Commission in making the specific

findings required in section

104(c)(5)(A). The Marine Mammal

Commission is an independent Federal

agency with statutory authority to make

recommendations pursuant to Title II of

the Act. Since this procedure for polar

bear trophy import applications is

substantially similar to that required for

other applications considered under the

Act, the proposed regulations refer the

reader to the current provisions in

section 18.31(c).

Paragraph (d) Procedures for issuance

of permits and modification, suspension

or revocation thereof

Again, since general procedures to be

followed for issuance of permits and

modification, suspension or revocation

of permits are currently in the

regulations, the reader is referred to the

current provisions in section 18.33.

These regulations are based on the

application procedures outlined in

section 104(d) of the Act, which was not

changed during the recent amendments.

When Congress added section 104(c)(5)

to the Act to allow for issuance of

permits to import polar bear trophies,

polar bear import applications were not

exempted from these procedures that

include the requirement that the Service

will publish a notice of each permit

application in the Federal Register for

a 30-day public comment period.

Paragraph (e) Issuance Criteria

Before a permit can be issued, the

Service proposes to consider the

issuance criteria in this section in

addition to the general criteria in 50

CFR 13.21. The floor debate in the

House of Representatives (140 Cong.

Rec. H2725, April 26, 1994) emphasized

that the intent of Congress was to limit

importation of polar bear trophies to the

hunter who actually took the polar bear

and who desires to import the trophy.

If an individual who has legally taken

a polar bear dies prior to the

importation, however, the heirs of that

person’s estate could apply for an

import permit. The import permit

requests for polar bear trophies can also

be made for animals taken prior to

enactment of the 1994 Amendments

(April 30, 1994) if the issuance criteria

are met. However, this does not apply

to polar bear parts that have been seized

by the Federal government or have

already been imported into the United

States. The first three issuance criteria

address these concerns, as follows: the

trophy has not already been imported, it

meets the definition of a sport-hunted

trophy and it was legally harvested in

Canada by the applicant (or by a

decedent from whom the applicant

inherited the trophy). The next issuance

criteria are directly taken from the

language of the law at section

104(c)(5)(A)(i)-(iv). Findings to be made

include determinations that (1) Canada

has a monitored and enforced hunting

program consistent with the purposes of

the 1973 International Agreement on the

Conservation of Polar Bears; (2) Canada

has a sport-hunting program based on

scientifically sound quotas ensuring the

maintenance of the affected population

stock at a sustainable level; and (3) and

(4) the export and subsequent import are

consistent with the provisions of CITES

and other international agreements and

conventions and are not likely to

contribute to illegal trade in bear parts.

These factors will be addressed in

greater detail when the Service

publishes its proposed findings in early

1995.

Paragraph (f) Additional Permit

Conditions

Every permit issued under this

section would be subject to the

conditions currently in the regulations

for marine mammal permits at section

18.31(d). This paragraph would require

all permits to be subject to the general

permit conditions set forth in Part 13 of

this subchapter and to certain specific

conditions. These specific conditions
72 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

would require that the original permit

be in the possession of the person to

whom it is issued, or his agent, at the

time of importation and that a duplicate

copy of the issued permit be physically

attached to the container in which the

polar bear specimen is placed while in

storage or transit.

Paragraph (g) Duration of Permits

The duration of a permit is designated

on the face of the permit. The permit

will be valid for no longer than one

year, a timeframe that should allow for

the importation to occur.

Paragraph (h) Fees

The Act requires the Director to

establish and charge a reasonable fee for

polar bear trophy import permits that

are issued. This issuance fee is over and

above the standard permit processing

fee of $25.00 that is required at the time

of application in accordance with 50

CFR 13.11(d). The permit issuance fee is

to be paid after notice that the

application has been approved but

before the permit is issued. The

Committee Report outlined that the

Committee considered a reasonable fee

to range from $250 to $1,000 for each

permit depending on the administrative

work involved. The 1994 Amendments

require all of the issuance fee be made

available for polar bear conservation

programs being conducted in Alaska

and Russia pursuant to section 113(d) of

the Act. Based on the amount of

information that needs to be collected

and evaluated and the need for periodic

review of information, the Service is

proposing to charge a fee of $1,000 for

each import permit issued. The Service

believes setting the fee at this level is

appropriate given the level of

administrative work involved and as the

monies generated will be used for polar

bear conservation.

Paragraph (i) Scientific Review

The language of the law requires that

a scientific review of the impact of

permits issued on the polar bear

population stocks be undertaken within

2 years after enactment, that is by April

30, 1996. This review is to provide an

opportunity for public comment and the

final report shall include a response to

such public comment. The Director

shall not issue permits to allow for the

import of polar bears taken in Canada

after September 30, 1996, if the Service

determines that the issuance of permits

is having a significant adverse impact

on the polar bear population stocks in

Canada. The Director is further

authorized to conduct an annual review

of this determination. The review

provides for the monitoring of the

effects of permit issuance on Canada’s

polar bear population stocks and a

means to guarantee the cessation of

imports should there be an indication of

an adverse impact on the sustainability

of the Canadian population stocks.

These reviews are to be based on the

best scientific information available. If

the Director does undertake a review,

the Act requires that the review be

completed by January 31 of the year in

which the review was undertaken. The

Director may not, however, refuse to

issue permits solely on the basis that the

review has not been completed by

January 31.

Congressman Jack Fields, during the

House of Representatives floor debate

on the 1994 Amendments stated, ‘‘A

significant adverse impact means more

than a simple decrease, ordinary

fluctuation, or normal change in the

population cycle. A decline should not

be considered significant if the decline

is of short duration, affects a minuscule

percentage of the population, or does

not jeopardize the sustainability of the

species in the long term. The decrease

must be proven to be directly related to

the trophy imports by sport hunters and

of such a magnitude as to warrant

suspension of those imports. Even so,

the issuance of permits should not be

suspended unless Canada does not

reduce the harvest quota in response to

this decline.’’ (140 Cong. Rec. H2725,

April 26, 1994)

Public Comments Solicited

The Service intends that any final

action resulting from this proposal will

be as accurate and as effective as

possible. Therefore, any comments or

suggestions from the public, other

concerned governmental agencies, the

scientific or conservation communities,

trade organizations or any other

interested party concerning any aspect

of this proposal are hereby solicited.

Required Determinations

This proposed rule was not subject to

review by the Office of Management and

Budget (OMB) under Executive Order

12866. The Department of the Interior

(Department) has determined that this

proposed rule will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

The proposal will affect only those in

the United States who have hunted

polar bear in Canada. This action is not

expected to have significant taking

implications, as per Executive Order

12630.

The information collection

requirement contained in this section

has been approved by OMB as required

by the Paperwork Reduction Act, 44

U.S.C. 3501 et seq., and assigned

clearance number 1018–0022. Since the

proposed rule would apply to

importation of polar bear trophies into

the United States, it does not contain

any Federalism impacts as described in

Executive Order 12612.

The Service has determined that this

proposed rule is categorically excluded

under Departmental procedures from

complying with the National

Environmental Policy Act (NEPA) (516

Departmental Manual, Ch. 2, Appx. 1,

Para. 1.10) An Environmental Action

Memorandum is on file at the Service’s

Office of Management Authority in

Arlington, Virginia. The permits

authorized under the Act and

regulations, as well as the scientific

findings required by the Act, may be

subject to NEPA documentation

requirements, on a case-by-case basis.

The Department has certified to OMB

that these regulations meet the

applicable standards provided in

Sections 2(a) and 2(b)(2) of Executive

Order 12778.

List of Subjects in 50 CFR Part 18

Administrative practice and

procedures, Imports, Indians, Marine

mammals, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby

proposes to amend part 18 of chapter I

of title 50 of the Code of Federal

Regulations by adding sections 18.4 and

18.30 to read as follows:

PART 18—MARINE MAMMALS

1. The authority citation for part 18

continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. A new § 18.4 is added to subpart A

of part 18 to read as follows:

§ 18.4 Information collection requirements.

(a) The information collection

requirements contained in subpart D has

been approved by the Office of

Management and Budget under 44

U.S.C. 3501 et seq. and assigned

clearance number 1018–0022. The

information is being collected because it

is necessary for the evaluation of permit

applications. The information will be

used to review permit applications and

make decisions, according to criteria

established in various Federal wildlife

conservation statutes and regulations,

on the issuance or denial of permits.

The obligation to respond is required to

obtain or retain a permit.

(b) Public reporting burden for this

collection of information is estimated to

vary from 15 minutes to 4 hours per
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 73

response, with an average of 1.028 hours

per response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden or any other

aspect of this collection of information,

including suggestions for reducing the

burden, to the Service Information

Collection Clearance Office, Fish and

Wildlife Service Office of Management

and Budget, Mail Stop 224, Arlington

Square, U.S. Department of the Interior,

1849 C Street, N.W., Washington, DC

20240 and the Office of Management

and Budget, Paperwork Reduction

Project (1018–0022), Washington, DC

20503.

3. A new § 18.30 is added to subpart

D of part 18 to read as follows:

§ 18.30 Polar bear sport-hunted trophy

import permits.

(a) Application procedure.

Applications for permits to import polar

bear trophies shall be submitted to the

Director, U.S. Fish and Wildlife Service,

Office of Management Authority, 4401

N. Fairfax Drive, Room 420C, Arlington,

Virginia 22203. Each application must

be submitted on an official application

(Form 3–200) provided by the Service

and must include as an attachment, all

of the following additional information:

(1) A statement of the purpose of the

taking and proposed use upon import;

(2) Name and address of the person

from whom the polar bear trophy is to

be exported;

(3) Name and address of the person in

the United States to whom the polar

bear trophy is to be imported;

(4) If the person who took the polar

bear in Canada died prior to submittal

of the import permit application,

documentation that the importer is the

heir of that person’s estate;

(5) Proof that the polar bear was

legally harvested in Canada by the

applicant (or by a decedent from whom

the applicant inherited the trophy),

including the tag number and date,

location, and manner of taking; and

(6) A description of the polar bear

parts to be imported, including the

number of specimens or parts and the

age, size, and sex of the polar bear.

(b) Definitions. (1) The definitions in

50 CFR 10.12, 18.3, and 23.3 apply to

this paragraph.

(2) Sport-hunted trophy means the

hide, hair, skull, teeth, and claws of the

specimen, which can be used by a

taxidermist to create a mount of the

animal for display or tanned for use as

a rug, taken by the applicant during a

sport hunt for personal, noncommercial

use. It does not include any internal

organ of the animal, including the gall

bladder.

(c) Review by Marine Mammal

Commission. Upon receipt of an

application the Director shall forward it

to the Marine Mammal Commission as

described in § 18.31(b).

(d) Procedures for issuance of permits

and modification, suspension or

revocation thereof. Permits applied for

under this section shall be issued,

suspended, modified or revoked

pursuant to regulations contained in

§ 18.33.

(e) Issuance criteria. In determining

whether to issue an import permit for a

sport-hunted trophy, the Director shall

consider, in addition to the general

criteria in Part 13 of this subchapter, the

following factors:

(1) The specimen has not been

imported into the United States;

(2) The specimen to be imported

meets the definition of a sport-hunted

trophy in paragraph (b) of this section;

(3) The polar bear was legally

harvested in Canada by the applicant (or

by a decedent from whom the applicant

inherited the trophy);

(4) Canada has a monitored and

enforced sport-hunting program

consistent with the purposes of the 1973

International Agreement on the

Conservation of Polar Bears;

(5) Canada has a sport-hunting

program based on scientifically sound

quotas ensuring the maintenance of the

affected population stock at a

sustainable level; and

(6) The export and subsequent import:

(i) Are consistent with the provisions

of the Convention on International

Trade in Endangered Species of Wild

Fauna and Flora and other international

agreements and conventions; and

(ii) Are not likely to contribute to

illegal trade in bear parts.

(f) Additional permit conditions.

Permits to import a sport-hunted trophy

are subject to the conditions outlined in

§ 18.31(d).

(g) Duration of permits. The duration

of permits issued under this section

shall be designated on the face of the

permit, but in no case will the permit be

valid for more than one year from the

date of issuance.

(h) Fees. (1) The applicant must pay

the required standard permit processing

fee at the time of application as given in

50 CFR 13.11(4).

(2) The Service will promptly notify

an applicant of its decision on the

import permit application. If the

decision is to approve the application,

the applicant must remit the issuance

fee of $1,000 before receiving an import

permit. The issuance fee will be used in

developing and implementing

cooperative research and management

programs for the conservation of polar

bears in Alaska and Russia pursuant to

section 113(d) of the Marine Mammal

Protection Act.

(i) Scientific review. (1) The Director

shall undertake a scientific review of the

impact of permits issued under this

section on the polar bear population

stocks in Canada by April 30, 1996.

(i) The review shall provide an

opportunity for public comment, and

shall include a response to such public

comment in the final report.

(ii) The Director shall not issue

permits under this section after

September 30, 1996, if it is determined

that the issuance of permits under this

section is having a significant adverse

impact on the polar bear population

stocks in Canada.

(2) After the initial review, the

Director may review whether the

issuance of permits under this section is

having a significant adverse impact on

the polar bear population stocks in

Canada annually in light of the best

scientific information available. The

review must be completed no later than

January 31 in any year a review is

undertaken.

* * * * *

Dated: December 15, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish, and Wildlife and

Parks.

[FR Doc. 94–32281 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 23

RIN 1018–AD07

Changes in List of Species in

Appendices to the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed Rule.

SUMMARY: The Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES) regulates international trade in

certain animals and plants. Species for

which such trade is controlled are listed

in Appendices I, II, and III to CITES.

This document announces decisions

by the Conference of the Parties to

CITES on amendments to Appendices I

and II, and repeats a previous

opportunity (59 FR 55617) to comment

on whether the United States should

enter reservations on any of the

amendments. The effect of a reservation

would be to exempt this country from