Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5117

Dated: January 10, 2005. 

Marshall P. Jones, 

Acting Director, U. S. Fish and Wildlife 

Service.

[FR Doc. 05–1669 Filed 1–31–05; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT95 

Endangered and Threatened Wildlife 

and Plants; Exclusion of U.S. CaptiveBred Scimitar-Horned Oryx, Addax, 

and Dama Gazelle From Certain 

Prohibitions

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule; notice of 

availability of a draft environmental 

assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

amend the regulations promulgated 

under the Endangered Species Act (ESA 

or Act) (16 U.S.C. 1531 et seq.) to add 

a new subsection to govern certain 

activities with U.S. captive-bred 

populations of three antelope species 

that have been proposed for listing as 

endangered, should they become listed. 

These specimens are the scimitarhorned oryx (Oryx dammah), addax 

(Addax nasomaculatus), and dama 

gazelle (Gazella dama). For U.S. 

captive-bred live specimens, embryos, 

gametes, and sport-hunted trophies of 

these three species, this proposed rule 

would authorize certain otherwise 

prohibited activities that enhance the 

propagation or survival of the species. 

International trade in specimens of 

these species will continue to require 

permits under the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES). We have prepared a draft 

Environmental Assessment of the 

impact of this proposed rule under 

regulations implementing the National 

Environmental Policy Act of 1969 

(NEPA). The Service seeks data and 

comments from the public on this 

proposed rule and the draft 

Environmental Assessment.

DATES: Written comments on the 

proposed rule and the draft 

Environmental Assessment must be 

submitted by April 4, 2005.

ADDRESSES: Submit any comments and 

information by mail to the Chief, 

Division of Scientific Authority, U.S. 

Fish and Wildlife Service, 4401 N. 

Fairfax Drive, Room 750, Arlington, VA 

22203; or by fax to 703–358–2276; or by 

e-mail to ScientificAuthority@fws.gov.

Comments and supporting information 

will be available for public inspection, 

by appointment, from 8 a.m. to 4 p.m. 

at the above address. You may also 

obtain copies of the November 5, 1991, 

proposed rule; July 24, 2003, proposed 

rule and notice to re-open the comment 

period; November 26, 2003, proposed 

rule and notice to re-open the comment 

period (68 FR 66395); and a copy of the 

draft Environmental Assessment from 

the above address.

SUPPLEMENTARY INFORMATION: 

Background 

Historically, the scimitar-horned oryx 

(Oryx dammah), addax (Addax 

nasomaculatus), and dama gazelle 

(Gazella dama) occupied the same 

general region of North Africa. The 

primary reason for the decline of all 

three antelope species in their native 

range is desertification, coupled with 

severe droughts, which has dramatically 

reduced available habitat. The growth of 

permanent farming in their native range 

has brought additional pressures, such 

as human habitat disturbance and 

competition from domestic livestock, 

which have restricted these antelopes to 

marginal habitat. Additional pressures 

from the civil wars in Chad and the 

Sudan have resulted in increased 

military activity, construction, and 

uncontrolled hunting. 

Of the three antelope species, the 

scimitar-horned oryx is the most 

threatened with extinction. By the mid1980s, it was estimated that only a few 

hundred were left in the wild, with the 

only viable populations known to be in 

Chad. However, no sightings of this 

species in the wild have been reported 

since the late 1980s, and the 2003 Red 

List of Threatened Species shows that 

the status of the scimitar-horned oryx is 

‘‘extinct in the wild’’ (World 

Conservation Union [IUCN] 2003). 

Captive-bred specimens of this antelope 

have been placed into large fenced areas 

for breeding in Tunisia. Once animals 

are reintroduced, continuous natural 

breeding is anticipated so that wild 

populations will be re-established. 

It is believed that the addax was 

extirpated from Tunisia during the 

1930s, and the last animals were killed 

in Libya and Algeria in 1966 and 1970, 

respectively. Remnant populations may 

still exist in the remote desert areas of 

Chad, Niger, and Mali, with occasional 

movements into Libya and Algeria 

during times of good rainfall. In the 

IUCN/SSC Antelope Specialist Group’s 

Global Survey of Antelopes, the addax is 

considered to be ‘‘regionally extinct’’

(Mallon and Kingswood 2001). The 

addax is listed as critically endangered 

in the 2003 Red List of Threatened 

Species and probably numbers fewer 

than 250 in the wild (IUCN 2003). 

The dama gazelle is able to utilize 

both semi-desert and desert habitats, 

and is smaller than the scimitar-horned 

oryx or addax. Of the three antelope 

species, the dama gazelle is the least 

susceptible to pressures from humans 

and livestock. The original source of its 

decline was uncontrolled hunting; 

however, habitat loss through human 

settlement and livestock grazing, in 

addition to civil unrest, has more 

recently contributed to the decline. It is 

estimated that only small numbers 

survive in most of the eight countries 

within its historical range. The dama 

gazelle has declined rapidly over the 

last 20 years, with recent estimates of 

fewer than 700 in the wild. Noble (2003) 

estimates that the wild population of 

addra gazelle (G. dama ruficollis) is less 

than 200 specimens, the wild 

population of dama gazelle (G. dama 

dama) is about 500 specimens, and the 

mhorr gazelle (G. dama mhorr) is 

extinct in the wild. It was previously 

extinct in Senegal, but has since been 

reintroduced, and in 1997, at least 25 

animals existed there as part of a semicaptive breeding program (IUCN 2003). 

The IUCN lists all subspecies of dama 

gazelles as endangered. 

For further information regarding 

background biological information, 

factors affecting the species, and 

conservation measures available to 

scimitar-horned oryx, addax, and dama 

gazelle, please refer to the November 5, 

1991, and July 24, 2003, Federal 

Register documents discussed below. 

Previous Federal Action

A proposed rule to list all three 

species as endangered under 50 CFR 

17.11(h) was published on November 5, 

1991 (56 FR 56491). We re-opened the 

comment period to request current 

information and comments from the 

public regarding the proposed rule on 

July 24, 2003 (68 FR 43706), and 

November 26, 2003 (68 FR 66395). 

Stakeholders and interested parties, 

including the public, governmental 

agencies, the scientific community, 

industry, and the range countries of the 

species, were requested to submit 

comments or information. We received 

32 responses by the end of the comment 

period, including multiple comments 

from some stakeholders. In accordance 

with the Interagency Cooperative Policy 

for Peer Review in Endangered Species 

Act Activities published on July 1, 1994 

(59 FR 34270), we selected three 

appropriate independent specialists to 

5118 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

review the proposed rule. The purpose 

of such peer review is to ensure that 

listing decisions are based on 

scientifically sound data, assumptions, 

and analysis. The reviewers selected 

have considerable knowledge and field 

experience with scimitar-horned oryx, 

addax, and dama gazelle biology and 

conservation. Comments were received 

from all of the peer reviewers. 

Contribution of Captive Breeding to 

Species Propagation or Survival 

Captive breeding in the United States 

has enhanced the propagation and 

survival of the scimitar-horned oryx, 

addax, and dama gazelle worldwide by 

rescuing these species from near 

extinction and providing the founder 

stock necessary for reintroduction. 

Some U.S. captive-breeding facilities 

allow sport hunting of surplus captivebred animals. Sport hunting of surplus 

captive-bred animals generates revenue 

that supports these captive breeding 

operations and relieves hunting 

pressure on wild populations. We are 

proposing a new rule under the Act’s 

regulations in 50 CFR part 17 that 

would authorize otherwise prohibited 

activities for U.S. captive-bred live 

specimens, embryos, gametes, and 

sport-hunted trophies of these species 

that enhance the propagation or survival 

of the species. Thus, we are proposing 

that, notwithstanding paragraphs (b), 

(c), (e), and (f) of 50 CFR 17.21, any 

person subject to the jurisdiction of the 

United States may take; export or reimport; deliver, receive, carry, transport, 

or ship in interstate or foreign 

commerce, in the course of a 

commercial activity; or sell or offer for 

sale in interstate or foreign commerce 

any live specimen, embryo, gamete, or 

sport-hunted trophy of scimitar-horned 

oryx, addax, or dama gazelle that was 

bred in captivity in the United States. 

A consistent theme among the 

comments received from peer reviewers 

and stakeholders on the proposed rule 

to list these species as endangered is the 

vital role of captive breeding in the 

conservation of these species. One 

reviewer noted that 100% of the world’s 

scimitar-horned oryx population 

(including the reintroduced population 

that is in an enclosed area), 71% of the 

addax population, and 48% of the 

world’s dama gazelle population are in 

captive herds. Captive-breeding 

programs operated by zoos and private 

ranches have effectively increased the 

number of these animals while 

genetically managing their populations. 

International studbook keepers and 

managers of the species in captivity 

manage these programs in a manner that 

maintains the captive populations as a 

demographically and genetically diverse 

megapopulation (Mallon and 

Kingswood 2001). In the 1980s and 

1990s, captive-breeding operations in 

Germany, the United Kingdom, and the 

United States provided scimitar-horned 

oryx, addax, and dama gazelle to BouHedma National Park in Tunisia 

(Mallon and Kingswood 2001). These 

animals have become the founding stock 

of captive in situ herds that have grown 

substantially since 1995. The IUCN 

Species Survival Commission has 

proposed that some of the antelopes 

produced be used to establish other 

captive-breeding operations within the 

range countries or, given the appropriate 

conditions in the wild, for 

reintroduction. Similar in situ breeding 

programs for future reintroduction are 

occurring in Senegal and Morocco with 

captive stock produced and provided by 

breeding operations outside of these 

countries. 

In addition, this proposed rule would 

not authorize or lead to the removal of 

any specimen of the three species from 

the wild. This rule would not affect 

prohibitions against possession and 

other acts with unlawfully taken 

wildlife or importation. This rule also 

would apply only to specimens that are 

captive bred in the United States. Any 

person who wishes to engage in any act 

that is prohibited under the Endangered 

Species Act with a specimen that has 

not been captive bred in the United 

States will still need to obtain a permit 

under the Act. The issuance or denial of 

such permits is decided on a case-bycase basis and only after all required 

findings have been made. 

The probable positive direct and 

indirect effects of facilitating captive 

breeding in the U.S. for the conservation 

of scimitar-horned oryx, addax, and 

dama gazelle are exemplified in the 

research and reintroduction efforts 

involving the American Zoo and 

Aquarium Association (AZA) and the 

Sahelo-Saharan Interest Group (SSIG) of 

the United Nations Environment 

Program. In North America, the AZA 

manages captive populations of 

scimitar-horned oryx, addax, and dama 

gazelle through Species Survival Plans 

(SSP). The scimitar-horned oryx 

population in North America and 

Europe is derived from two captures 

that occurred in Chad in 1963 and 1966. 

Members of the scimitar-horned oryx 

SSP are faced with three challenges 

(Antelope Taxon Advisory Group 

2002c): they must manage the captive 

population to maximize the genetic 

contributions of founder stock; second, 

they must find solutions for disposition 

of surplus animals given the limited 

holding space among SSP members; and 

third, they must find facilities that can 

house individual males or bachelor 

herds. Only through inter-institutional 

collaboration among members, such as 

the exchange of live specimens or 

gametes to maintain genetic diversity, 

can these challenges be surmounted. In 

one example, thirty founder lines are 

represented at one ranch that works 

closely with the SSP. Since typical oryx 

herds consist of one male and 10–30 

females, there will always be a need to 

manage non-breeding males. Although 

the SSP consists mostly of AZAaccredited zoos, ranches can serve as 

repositories for surplus animals. These 

partnerships also provide opportunities 

for behavioral and other research in 

spacious areas found in some zoos and 

ranches that can be used in forming and 

preparing groups of animals for 

reintroduction.

Members of the Addax SSP have also 

been involved in translocating animals 

for captive breeding and release in 

Tunisia and Morocco. Animals held by 

members of the SSP are included in an 

international studbook for this species 

that includes addaxes in zoos and 

private facilities worldwide (Antelope 

Taxon Advisory Group 2002a). The 

dama gazelle North American studbook 

also includes zoos and ranch 

participants worldwide. Some of the 

specimens bred in zoos originated from 

ranched stock (Metzler 2000). 

We are unaware of any negative direct 

or indirect effects from this rule on wild 

populations. As mentioned above, this 

proposed rule would not authorize or 

lead to the removal of any specimen of 

the three species from the wild. Indeed, 

many facilities in the United States that 

breed these species are working with 

range countries to breed and reintroduce 

specimens in areas that they have 

occupied historically. In 2000, the SSIG 

was formed as a consortium of 

individuals and organizations interested 

in conserving Sahelo-Saharan antelopes 

and their ecosystems (SSIG 2002). The 

SSIG has members representing 17 

countries and shares information on 

wildlife management and conservation, 

captive breeding, wildlife health and 

husbandry, establishment and 

management of protected areas, and 

wildlife survey methods. Members are 

involved in in situ and ex situ

conservation efforts for the scimitarhorned oryx, addax, and dama gazelle. 

Several of its projects involve the 

translocation of captive-bred antelopes 

to range countries for establishment of 

herds in large fenced breeding areas 

prior to reintroduction. 

The proposed rule would not directly 

or indirectly conflict with any known 

program intended to enhance the 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5119

survival probabilities of the three 

antelope species. The SSP and SSIG 

programs work collaboratively with 

range country scientists and 

governments. Although the proposed 

rule would not authorize or lead to the 

removal of any specimen of the three 

species from the wild, it may contribute 

to other programs by providing founder 

stock for reintroduction or research. 

This proposed rule would reduce the 

threat of extinction facing the scimitarhorned oryx, addax, and dama gazelle 

by facilitating captive breeding for all 

three species in the United States. Based 

on information available to the Service, 

captive breeding in the U.S. has 

contributed significantly to the 

conservation of these species. Scimitarhorned oryx are extinct in the wild and 

therefore, but for captive breeding, the 

species would be extinct. For addax and 

dama gazelle, they occur in very low 

numbers in the wild and a significant 

percentage of remaining specimens 

survive only through captivity (71% and 

48% respectively). Threats that have 

reduced the species’ to current levels in 

the wild continue throughout most of 

the historic range. As future 

opportunities arise for reintroduction in 

the antelope range countries, captivebreeding programs will be able to 

provide genetically diverse and 

otherwise suitable specimens. Ranches 

and large captive wildlife parks for nonnative populations (e.g., The Wilds, 

Ohio; Fossil Rim Wildlife Center, Texas) 

are able to provide large areas of land 

that simulate the species’ native habitat 

and can accommodate a larger number 

of specimens than can most urban zoos. 

Thus, they provide opportunities for 

research, breeding, and preparing 

antelopes for eventual reintroduction. 

International consortia of zoos, private 

owners, researchers, and range country 

decision makers have acknowledged the 

need to protect the habitat of the 

scimitar-horned oryx, addax, and dama 

gazelle. They also recognize that, but for 

captive breeding, it would be difficult, 

or in some cases impossible, to restore 

the species in the wild, particularly for 

species that have become extinct in the 

wild. 

One way the proposed rule would 

reduce the threat of extinction is by 

allowing limited sport hunting of U.S. 

captive-bred specimens to facilitate 

captive breeding of all three species. 

Given the cost of establishing and 

maintaining a large captive breeding 

operation and the large amount of land 

that is required to maintain bachelor 

herds or surplus animals, it is difficult 

for many private landowners to 

participate in such endeavors. One 

incentive to facilitate such captive 

breeding operations and ensure that 

genetically viable populations are 

available for future reintroduction 

programs is to allow the limited sport 

hunting of captive-bred specimens of 

these species to generate needed 

operational funds. Such an activity, 

therefore, reduces the threat of the 

species’ extinction. Most of the available 

land for captive-held specimens is 

owned by private landowners (ranchers) 

or zoos. In Texas, the ranched scimitarhorned oryx population went from 32 

specimens in 1979 to 2,145 in 1996; 

addax increased from 2 specimens in 

1971 to 1,824 in 1996; and dama gazelle 

increased from 9 specimens in 1979 to 

369 in 2003 (Mungall 2004). These 

population increases were due mostly to 

captive breeding at the ranches 

supplemented with some imported 

captive-bred founder stock. Limited 

hunting of captive-bred specimens 

facilitated these increases by generating 

revenue for herd management and the 

operation of the facility. Ranches also 

need to manage populations 

demographically (i.e., age, gender) and 

genetically (i.e., maximize genetic 

diversity). Such management may 

include culling specimens, which may 

be accomplished through sport hunting. 

For example, a ranch may need to 

reduce the number of adult males to 

achieve the necessary sex ratio for 

establishing a polygamous breeding 

group and facilitating the typical 

breeding behavior of the species. 

Hunting also provides an economic 

incentive for private landowners such as 

ranchers to continue to breed these 

species and maintain them as a genetic 

reservoir for future reintroduction or 

research, and as a repository for excess 

males from smaller populations, such as 

those held by zoos. Sport hunting of 

U.S. captive-bred specimens may reduce 

the threat of extinction of wild 

populations by providing an alternative 

to legal and illegal hunting of wild 

specimens in range countries. 

The movement of live U.S. captivebred specimens, both by interstate 

transport and export, is critical to the 

captive-breeding efforts to manage the 

captive populations as well as provide 

animals for reintroduction. Since 1997, 

15 scimitar-horned oryx, 40 addax, and 

36 dama gazelle have been exported 

from the United States. Population 

managers may recommend that 

specimens be exchanged among 

breeding institutions to achieve 

management goals for genetic or other 

reasons. These institutions may be 

separated by State (within the United 

States) or national boundaries. Zoos in 

Germany, for example, exchange 

specimens with zoos in the United 

States, as recommended by the 

International Studbook Keeper. The 

need to quickly move U.S. captive-bred 

specimens among breeding facilities is 

reflected in this proposed rule by 

allowing such movement without 

requiring a separate ESA permit.

The opinions or views of scientists or 

other persons or organizations having 

expertise concerning these species have 

been taken into account by this 

proposed rule. The comments received 

from peer reviewers on our proposed 

rule for the listing of the three antelopes 

as endangered alerted us to the vital role 

that captive breeding, whether at zoos or 

ranches, is playing in species recovery 

and reintroduction. Thus, the opinions 

or views of scientists or other persons or 

organizations having expertise 

concerning the three antelope species 

and other germane matters have been 

considered in the development of this 

proposed rule. 

The U.S. expertise, facilities, and 

other resources available to captivebreeding operations have resulted in 

such a high level of breeding success 

that the SSIG estimated that there are 

4,000’5,000 scimitar-horned oryx, 1,500 

addax, and 750 dama gazelle in 

captivity worldwide, many of which are 

held in the United States. The U.S. 

specimens have resulted from very few 

wild-caught founders that have been 

carefully managed to increase the 

numbers of specimens and maintain 

genetic diversity. Husbandry methods 

are shared by participants in regional 

and international studbooks through 

specialist meetings such as the Antelope 

Taxon Advisory Group meeting held at 

the AZA Annual Meeting. Such 

cooperation allows the sharing of 

resources among participants of 

coordinated breeding programs as 

specimens are moved from one facility 

to another according to management 

recommendations. As indicated by the 

Scimitar-horned Oryx SSP, one of the 

major issues confronting the captivebreeding community is how to preserve 

the necessary genetic diversity and 

manage population surplus, particularly 

given the space limitations at some 

facilities. Private ranches in the United 

States have contributed to the success of 

captive-breeding programs by absorbing 

the surplus specimens produced in zoos 

so that zoos can utilize available space 

for more genetically important 

specimens or the appropriate herd 

social structure. Ranches have also 

enlarged the captive populations since 

they are able to house more specimens 

because of their greater space dedicated 

to these species than is available in 

zoos. 

5120 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

Because captive breeding in the U.S. 

has already contributed significantly to 

the propagation or survival of the three 

antelope species and because of the 

need to facilitate the continued captive 

breeding of these species among private 

ranchers and zoos, the proposed rule is 

an appropriate regulatory management 

provision for scimitar-horned oryx, 

addax, and dama gazelle captive-bred in 

the United States. The probable direct 

and indirect effects of this proposed rule 

will be to facilitate activities associated 

with captive breeding and thus 

contribute to the propagation and 

survival of the species. The proposed 

rule would not, directly or indirectly, 

conflict with any known program 

intended to enhance the survival of the 

population from which the original 

breeding stock was removed. By 

maintaining genetic diversity and 

providing captive-bred stock for 

reintroduction efforts and research, zoos 

and ranches in the United States are 

reducing the threat of extinction of the 

three antelope species. The proposed 

rule would facilitate the functioning of 

programs such as those organized by the 

AZA and SSIG, and encourage the 

breeding and management of these 

antelopes in zoos and on private 

ranches. In fact, the proposed rule 

provides an incentive to continue 

captive breeding. 

Therefore, we are proposing to amend 

current regulations in 50 CFR 17.21 that 

would authorize otherwise prohibited 

activities, for U.S. captive-bred live 

specimens, embryos, gametes, and 

sport-hunted trophies of these species, 

that enhance the propagation or survival 

of the species. We are proposing that 

any person subject to the jurisdiction of 

the United States may take; export or reimport; deliver, receive, carry, transport, 

or ship in interstate or foreign 

commerce, in the course of a 

commercial activity; or sell or offer for 

sale in interstate or foreign commerce 

live specimens or sport-hunted trophies 

of scimitar-horned oryx, addax, or dama 

gazelle that were captive-bred in the 

United States. 

The proposed rule would not exempt 

the importation of specimens from 

foreign facilities. Since the proposed 

rule pertains only to U.S. captive-bred 

specimens, all wild specimens and 

specimens bred in captivity outside of 

the United States would remain subject 

to the Act’s prohibitions as set forth in 

§ 17.21. The proposed rule contains 

provisions that will allow the Service to 

monitor the activities being carried out 

by captive-breeding operations within 

the United States to ensure that these 

activities continue to provide a benefit 

to the three antelope species. It is, in 

part, due to the fact that we can require 

recordkeeping and access to records that 

distinguishes U.S. captive-breeding 

operations from foreign captivebreeding operations. In addition, we 

have no information on how foreign 

breeding operations (other than some 

zoos) manage their captive populations. 

Until the Service has significantly more 

information on the breeding operations 

in other countries, how these operations 

have contributed to the propagation or 

survival of the species, and the controls 

that have been established for these 

breeding operations, the Service cannot 

expand this proposed exemption to 

specimens produced outside the United 

States. 

The proposed rule would not apply to 

any U.S. specimen that does not meet 

the definition of captive-bred under 50 

CFR 17.3. For any animal that does not 

meet the definition or for captive-bred 

specimens produced outside the United 

States or wild specimens, all 

prohibitions under § 17.21(a)–(f), 17.22, 

and 17.23 would apply. The proposed 

rule also does not include dead 

specimens other than sport-hunted 

trophies and specimens that are from 

activities that do not increase or sustain 

population numbers.

The United States is a Party to CITES. 

The scimitar-horned oryx, addax, and 

dama gazelle are listed in Appendix I of 

CITES, which requires strict regulation 

of international movement of these 

species. In general, any international 

trade in live or dead specimens of 

Appendix-I species requires both export 

permits and import permits issued by 

the CITES Management Authorities of 

the exporting and importing countries, 

respectively. To receive such a permit, 

certain criteria must be met, including 

that the Management Authority of the 

importing country must be satisfied that 

the import is not to be used for 

primarily commercial purposes. The 

importing country’s Scientific Authority 

must advise the Management Authority 

that the import will be for purposes that 

are not detrimental to the survival of the 

species and, if it is a live specimen, that 

the proposed recipient is suitably 

equipped to house and care for it. The 

proposed rule would not affect the 

CITES requirements for these species. 

Any commercial trade in specimens 

of Appendix-I species is limited to the 

extent to which such specimens may 

qualify for an exemption to the general 

permit provisions of CITES, either 

because they are pre-Convention 

specimens (i.e., acquired before the 

species was listed under CITES) or, for 

animals such as these antelopes, 

because they were bred in captivity. 

These exemptions have strict 

requirements. Pre-Convention 

specimens must be adequately 

documented as such, so that it is clear 

as to when the specimen was acquired. 

For specimens bred in captivity 

(including parts and products derived 

from such animals), they must have 

been produced from parents that mated 

in captivity, and the parents must have 

been acquired in accordance with 

national laws and CITES requirements, 

and must have been obtained in a 

manner that was not detrimental to the 

survival of the wild population. The 

species must also have been bred in 

captivity to the second or subsequent 

generations, and they must have been 

produced in a facility registered with 

the CITES Secretariat as an operation 

breeding Appendix-I species for 

commercial purposes. Registration of 

captive-breeding operations carries 

further requirements, including review 

by experts, and notification of and 

opportunity for comment—including 

objections—by all the CITES Parties. 

Therefore, any import into or export 

from the United States of specimens of 

these species would not be authorized 

until all required conservation findings 

have been made and permits issued by 

the Service’s Division of Management 

Authority. These existing protections 

under CITES, in conjunction with the 

new provisions for the species under 

this rule, would create an appropriate 

regulatory framework that protects 

populations in the wild, ensures 

appropriate management of U.S. 

captive-bred populations, and provides 

an incentive for future captive breeding. 

We find that the scimitar-horned oryx, 

addax, and dama gazelle are dependent 

on captive breeding and activities 

associated with captive breeding for 

their conservation, and that activities 

associated with captive breeding within 

the United States enhance the 

propagation and survival of these 

species. We therefore propose amending 

50 CFR 17.21 by adding a new 

subsection (h), which would apply to 

U.S. captive-bred scimitar-horned oryx, 

addax, and dama gazelle. The revision 

would allow for the take; export or reimport; delivery, receipt, carrying, 

transporting or shipping in interstate or 

foreign commerce, in the course of a 

commercial activity; or sale or offering 

for sale in interstate or foreign 

commerce any U.S. captive-bred 

scimitar-horned oryx, addax, or dama 

gazelle live specimen, sport-hunted 

trophy, embryo, or gamete. 

Public Comments Solicited 

We will accept written comments and 

information pertaining to this proposed 

rule during this comment period from 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5121

the public, other concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested party. Comments on the draft 

Environmental Assessment will also be 

considered in our decision regarding 

whether to finalize the proposed rule. 

Our practice is to make comments, 

including names and addresses of 

respondents, available for public review 

during regular business hours. Any 

person commenting may request that we 

withhold their home address, which we 

will honor to the extent allowable by 

law. In some circumstances, we may 

also withhold a commenter’s identity, as 

allowable by law. If you wish us to 

withhold your name or address, you 

must state this request prominently at 

the beginning of your comment. 

However, we will not consider 

anonymous comments. To the extent 

consistent with applicable law, we will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, from 8 a.m. to 4 p.m., 

Monday through Friday, at the Division 

of Scientific Authority (see ADDRESSES

section). 

Clarity of This Regulation

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping or order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce its clarity? (4) Would 

the rule be easier to understand if it 

were divided into more (but shorter) 

sections? (5) Is the description of the 

rule in the SUPPLEMENTARY INFORMATION

section of the preamble helpful in 

understanding the proposed rule? What 

else could we do to make the rule easier 

to understand? Send a copy of any 

comments that concern how we could 

make this rule easier to understand to 

Office of Regulatory Affairs, Department 

of the Interior, Room 7229, 1849 C 

Street NW., Washington, DC 20240. You 

may also e-mail the comments to 

Exsec@ios.doi.gov. 

Required Determinations 

A Record of Compliance was prepared 

for this proposed rule. A Record of 

Compliance certifies that a rulemaking 

action complies with the various 

statutory, Executive Order, and 

Department Manual requirements 

applicable to rulemaking. Without this 

proposed regulation, individuals subject 

to the jurisdiction of the United States 

would need permits to engage in various 

otherwise prohibited activities, 

including domestic and international 

trade in live and dead captive-bred 

specimens for commercial purposes. 

Captive-bred specimens in international 

trade for non-commercial purposes (e.g., 

breeding loans requiring export or 

import) would have to be authorized 

through the permit process. This 

process takes time, sometimes causing 

delays in moving animals for breeding 

or reintroduction. Such movements 

must often be completed within a 

narrow time frame and can be further 

complicated by quarantine requirements 

and other logistics. We note that the 

economic effects of the proposed rule do 

not rise to the level of ‘‘significant’’

under the following required 

determinations. 

Regulatory Planning and Review 

In accordance with the criteria in 

Executive Order 12866, the Office of 

Management and Budget has 

determined that this proposed rule is 

not a significant regulatory action. This 

proposed rule would not have an annual 

economic impact of more than $100 

million, or significantly affect any 

economic sector, productivity, jobs, the 

environment, or other units of 

government. This proposed rule would 

reduce the regulatory burden on 

captive-breeding operations that breed 

the scimitar-horned oryx, addax, and 

dama gazelle if the three antelopes are 

listed as endangered because it provides 

exemptions to the prohibitions of 

section 9 of the ESA that would 

otherwise apply to businesses and 

individuals under U.S. jurisdiction. The 

exemptions to the prohibitions of the 

ESA provided by this proposed rule will 

reduce economic costs of the listing. 

The economic effect of the proposed 

rule is a benefit to the captive-breeding 

operations for the three antelopes 

because it would allow the take and 

interstate commerce of captive-bred 

specimens. The proposed rule, by itself, 

would not have an annual economic 

impact of more than $100 million, or 

significantly affect any economic sector, 

productivity, jobs, the environment, or 

other units of government. A costbenefit and economic analysis is not 

required. This proposed rule will not 

create inconsistencies with other 

Federal agencies’ actions. Thus, no 

Federal agency actions are affected by 

this proposed rule. 

This proposed rule will not materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. This 

proposed rule will not raise novel legal 

or policy issues. The Service has 

previously promulgated species-specific 

rules for other endangered and 

threatened species, including other 

rules for captive-bred specimens. 

Regulatory Flexibility Act 

To assess the effects of the proposed 

rule on small entities, we focused on the 

exotic wildlife ranching community in 

the United States because these are the 

entities most likely to be affected by the 

proposed rule. We have determined that 

this proposed rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) because it 

allows for the continued breeding of the 

species and trade in live specimens, 

embryos, gametes, and sport-hunted 

trophies of the three antelopes. An 

initial Regulatory Flexibility Analysis is 

not required. Accordingly, a Small 

Entity Compliance Guide is not 

required. If the three antelope species 

are listed, this proposed rule would 

reduce the regulatory burden, because 

without this rule all prohibitions of 

section 9 of the ESA would apply (i.e., 

take; import, export; delivery, receipt, 

carrying, transporting or shipping in 

interstate or foreign commerce, in the 

course of a commercial activity; or sale 

or offering for sale in interstate or 

foreign commerce any live or dead 

specimen). 

Small Business Regulatory Enforcement 

Fairness Act 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This proposed rule would 

reduce regulatory obligations and will 

not have an annual effect on the 

economy of $100 million or more; will 

not cause a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions; and will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501, et 

seq.), this proposed rule would not 

5122 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

impose an unfunded mandate on State, 

local, or tribal governments or the 

private sector of more than $100 million 

per year. This proposed rule would not 

have a significant or unique effect on 

State, local, or tribal governments or the 

private sector. A Small Government 

Agency Plan is not required. 

Takings

In accordance with Executive Order 

12630, this proposed rule does not have 

significant takings implications. By 

reducing the regulatory burden placed 

on affected individuals resulting from 

the possible listing of the three 

antelopes as endangered species, this 

proposed rule would not affect the 

likelihood of potential takings. Affected 

individuals would have more freedom 

to pursue activities that involve captivebred specimens without first obtaining 

individual authorization. 

Federalism 

In accordance with Executive Order 

13132, this proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

assessment. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this proposed rule does 

not unduly burden the judicial system 

and meets the requirements of sections 

3(a) and 3(b)(2) of the Executive Order. 

Paperwork Reduction Act 

The Office of Management and Budget 

approved the information collection in 

part 17 and assigned OMB Control 

Numbers 1018–0093 and 1018–0094. 

This proposed rule does not impose 

new reporting or recordkeeping 

requirements on State or local 

governments, individuals, businesses, or 

organizations. We cannot conduct or 

sponsor, and you are not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 

National Environmental Policy Act 

Council on Environmental Quality 

regulations in 40 CFR 1501.3(b) state 

that an agency ‘‘may prepare an 

environmental assessment on any action 

at any time in order to assist agency 

planning and decision making.’’ We 

have drafted an environmental 

assessment for this proposed rule in 

accordance with the criteria of the 

National Environmental Policy Act of 

1969 (NEPA). We are soliciting 

comments on the environmental 

assessment as well as on the proposed 

rule. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

With Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated possible 

effects on Federally recognized Indian 

tribes and have determined that there 

are no effects. 

Executive Order 13211 

We have evaluated this proposed rule 

in accordance with E.O. 13211 and have 

determined that this rule would have no 

effects on energy supply, distribution, or 

use. Therefore, this action is not a 

significant energy action, and no 

Statement of Energy Effects is required. 

References Cited

Antelope Taxon Advisory Group. 2002a. 

Addax Fact Sheet. American Zoo and 

Aquarium Association. http://

www.csew.com/antelopetag. 

Antelope Taxon Advisory Group. 2002b. 

Addra or Dama Gazelle Fact Sheet. 

American Zoo and Aquarium Association. 

http://www.csew.com/antelopetag. 

Antelope Taxon Advisory Group. 2002c. 

Scimitar-Horned Oryx Fact Sheet. 

American Zoo and Aquarium Association. 

http://www.csew.com/antelopetag. 

IUCN (World Conservation Union). 2003. 

2003 IUCN Red List of Threatened Species. 

http://www.iucn.org. 

Mallon, D.P., and S.C. Kingswood 

(Compilers). 2001. Antelopes. Part 4: North 

Africa, the Middle East, and Asia. Global 

Survey and Regional Action Plans. SSC 

Antelope Specialist Group. IUCN, Gland, 

Switzerland and Cambridge, UK. Viii + 260 

pp. 

Metzler, S. 2000. Addra Gazelle Gazella 

dama ruficollis North American Regional 

Studbook: December 31, 1999 Update. 

Disney’s Animal Kingdom: Orlando, 

Florida. 

Mungall, E.C. 2004. Submission for the 

Comment Period Listing of Scimitarhorned Oryx, Addax, and Dama Gazelle 

Under the Endangered Species Act: A 

Technical Report Prepared for the Exotic 

Wildlife Association. 

Noble, D. 2003. Overview and status of 

captive antelope populations. Third 

Annual Sahelo-Saharan Interest Group 

Meeting, p. 41 

SSIG (Sahelo-Saharan Interest Group) 2002. 

Third Annual Sahelo-Saharan Interest 

Group Meeting Proceedings. Available 

from S. Monfort, Chair SSIG, National 

Zoological Park. Smithsonian Institution: 

Washington, DC. 

Author 

The primary author of this notice is Robert 

R. Gabel, Chief, Division of Scientific 

Authority, U.S. Fish and Wildlife Service 

(see ADDRESSES section).

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, and 

Transportation.

Proposed Regulation Promulgation 

Accordingly, we hereby propose to 

amend part 17 of subchapter B of 

chapter I, title 50 of the Code of Federal 

Regulations, as set forth below:

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows:

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

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Amend §17.21 by adding paragraph 

(h) to read as follows:

§ 17.21 Prohibitions.

* * * * *

(h) U.S. captive-bred scimitar-horned 

oryx, addax, and dama gazelle. 

Notwithstanding paragraphs (b), (c), (e) 

and (f) of this section, any person 

subject to the jurisdiction of the United 

States may take; export or re-import; 

deliver, receive, carry, transport or ship 

in interstate or foreign commerce, in the 

course of a commercial activity; or sell 

or offer for sale in interstate or foreign 

commerce live specimens, embryos, 

gametes, and sport-hunted trophies of 

scimitar-horned oryx (Oryx dammah), 

addax (Addax nasomaculatus), and 

dama gazelle (Gazella dama) provided: 

(1) The purpose of such activity is 

associated with the transfer of live 

specimens, embryos, or gametes or sport 

hunting in a manner that contributes to 

increasing or sustaining captive 

population numbers or to potential 

reintroduction to range countries; 

(2) The specimen was captive-bred, in 

accordance with §17.3, within the 

United States; 

(3) Any exports of such specimens 

meet the requirements of paragraph 

(g)(4) of this section, as well as parts 13 

and 23 of this chapter; 

(4) Each specimen to be re-imported 

is uniquely identified by a tattoo or 

other means that was reported on the 

documentation required under (h)(3); 

and 

(5) Each person claiming the benefit 

of the exception of this paragraph (h) 

must maintain accurate written records 

of activities, including births, deaths, 

and transfers of specimens, and make 

those records accessible to Service 

agents for inspection at reasonable 

hours set forth in §§ 13.46 and 13.47 of 

this chapter.

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5123

Dated: January 10, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 05–1698 Filed 1–31–05; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List a Karst Meshweaver, 

Cicurina cueva, as an Endangered 

Species

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list a 

karst meshweaver (spider), Cicurina 

cueva (no common name), under the 

Endangered Species Act of 1973, as 

amended (Act) with critical habitat. We 

find that the petition presented 

substantial scientific and commercial 

data indicating that listing Cicurina 

cueva may be warranted. Therefore, we 

are initiating a status review to 

determine if listing the species is 

warranted. To ensure that the status 

review is comprehensive, we are 

soliciting scientific and commercial 

information regarding this species.

DATES: The administrative finding 

announced in this document was made 

on January 26, 2005. To be considered 

in the 12-month finding for this 

petition, comments and information 

should be submitted to us by May 15, 

2005.

ADDRESSES: Data, information, 

comments, or questions concerning this 

petition and our finding should be 

submitted to the Field Supervisor, 

Austin Ecological Services Office, 10711 

Burnet Rd., Suite 200, Austin, Texas, 

78758. The petition, supporting data, 

and comments will be available for 

public inspection, by appointment, 

during normal business hours at the 

above address.

FOR FURTHER INFORMATION CONTACT:

Robert Pine, Supervisor, Austin 

Ecological Services Field Office 

(telephone 512–490–0057 and facsimile 

512–490–0974).

SUPPLEMENTARY INFORMATION:

Public Information Solicited 

When we make a finding that 

substantial information exists to 

indicate that listing a species may be 

warranted, we are required to promptly 

commence a review of the status of the 

species. To ensure that the status review 

is complete and based on the best 

available scientific and commercial 

data, we are soliciting information on 

Cicurina cueva. We request any 

additional information, comments, and 

suggestions from the public, other 

concerned governmental agencies, the 

scientific community, industry, or any 

other interested parties concerning the 

status of Cicurina cueva. We are seeking 

information regarding the species’

historic and current status and 

distribution, biology and ecology, 

ongoing conservation measures for the 

species and its habitat, and threats to 

the species and its habitat. 

If you wish to comment or provide 

information, you may submit your 

comments and materials concerning this 

finding to the Field Supervisor (see

ADDRESSES section above). Our practice 

is to make comments and materials 

provided, including names and home 

addresses of respondents, available for 

public review during regular business 

hours. Respondents may request that we 

withhold a respondent’s identity, to the 

extent allowable by law. If you wish us 

to withhold your name or address, you 

must state this request prominently at 

the beginning of your submission. 

However, we will not consider 

anonymous comments. To the extent 

consistent with applicable law, we will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

Background 

Section 4(b)(3)(A) of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.) (Act), requires that 

we make a finding on whether a petition 

to list, delist, or reclassify a species 

presents substantial scientific or 

commercial data indicating that the 

petitioned action may be warranted. We 

are to base this finding on all 

information available to us at the time 

we make the finding. To the maximum 

extent practicable, we are to make this 

finding within 90 days of our receipt of 

the petition, and publish our notice of 

this finding promptly in the Federal 

Register. 

Our standard for substantial 

information within the Code of Federal 

Regulations (CFR) with regard to a 90-

day petition finding is ‘‘that amount of 

information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). If we 

find that substantial information was 

presented, we are required to promptly 

commence a review of the status of the 

species, if one has not already been 

initiated, under our internal candidate 

assessment process. 

In making this finding, we relied on 

information provided by the petitioners 

and evaluated that information in 

accordance with 50 CFR 424.14(b). This 

finding summarizes information 

included in the petition and information 

available to us at the time of the petition 

review. Our process of coming to a 90-

day finding under section 4(b)(3)(A) of 

the Act and § 424.14(b) of our 

regulations is limited to a determination 

of whether the information in the 

petition meets the ‘‘substantial 

information’’ threshold.

We do not conduct additional 

research at this point, nor do we subject 

the petition to rigorous critical review. 

Rather, as the Act and regulations 

direct, in coming to a 90-day finding, we 

accept the petitioner’s sources and 

characterizations of the information 

unless we have specific information to 

the contrary. 

Our finding considers whether the 

petition states a reasonable case for 

listing on its face. Thus, our finding 

expresses no view as to the ultimate 

issue of whether the species should be 

listed. We reach a conclusion on that 

issue only after a more thorough review 

of the species’ status. In that review, 

which will take approximately 9 more 

months, we will perform a rigorous, 

critical analysis of the best available 

scientific and commercial data, not just 

the information in the petition. We will 

ensure that the data used to make our 

determination as to the status of the 

species is consistent with the Act and 

Information Quality Act. 

On July 8, 2003, we received a 

petition requesting that we list Cicurina 

cueva (no common name) as an 

endangered species with critical habitat. 

The petition, submitted by the Save Our 

Springs Alliance (SOSA), Save Barton 

Creek Association, and Austin Regional 

Group of the Sierra Club, was clearly 

identified as a petition for a rule, and 

contained the names, signatures, and 

addresses of people representing the 

requesting parties. Included in the 

petition was supporting information