[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Proposed Rules]
[Pages 51326-51327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17173]



[[Page 51326]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018-AG70


Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus); 
Availability of Draft Environmental Assessment and Draft Economic 
Analysis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and availability of 
supplemental information.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft environmental assessment and draft economic 
analysis for public comment. These documents supplement the information 
in the proposed rule to add all forms (diploid and triploid) of live 
black carp (Mylopharyngodon piceus), gametes, and viable eggs to the 
list of injurious fish, mollusks, and crustaceans under the Lacey Act. 
We are also soliciting public comments on all aspects of the proposed 
rule.

DATES: Comments must be submitted on or before October 31, 2005.

ADDRESSES: The documents are available from the Chief, Division of 
Environmental Quality, U.S. Fish and Wildlife Service, 4401 North 
Fairfax Drive, Mail Stop 322, Arlington, Virginia 22203; FAX (703) 358-
1800. They also are available on our webpage at http://contaminants.fws.gov/Issues/InvasiveSpecies.cfm. Comments may be hand-
delivered, mailed, or sent by fax to the address listed above. 
Alternatively, you may send comments by electronic mail (e-mail) to: 
<a href="/cdn-cgi/l/email-protection#4d0f212c2e260e2c3f3d0d2b3a3e632a223b"><span class="__cf_email__" data-cfemail="783a14191b133b190a08381e0f0b561f170e">[email protected]</span></a>. See the Public Comments Solicited section below for 
file format and other information about electronic filing.

FOR FURTHER INFORMATION CONTACT: Erin Williams, Division of 
Environmental Quality, Branch of Invasive Species, at (703) 358-2034 or 
<a href="/cdn-cgi/l/email-protection#9cf9eef5f2c3ebf5f0f0f5fdf1efdcfaebefb2fbf3ea"><span class="__cf_email__" data-cfemail="f09582999eaf87999c9c99919d83b0968783de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    In February 2000, we were petitioned to list black carp as an 
injurious species of wildlife under the Lacey Act (18 U.S.C. 42). We 
published a proposed rule in the Federal Register to add all forms 
(diploid and triploid) of live black carp to the list of injurious 
fish, mollusks, and crustaceans under the Lacey Act on July 30, 2002 
(67 FR 49280); the comment period on the proposed rule closed on 
September 30, 2002. On June 4, 2003 (68 FR 33431), we reopened the 
comment period until August 4, 2003. We evaluated 103 comments received 
during the two comment periods on the proposed rule. We have also 
recently received new information relevant to the proposed listing from 
the aquaculture industry that we intend to consider during the 
development of the final rulemaking documents. This information can be 
accessed for public review using the contact information provided in 
the ADDRESSES section above. This notice announces the availability of 
a draft environmental assessment and draft economic analysis for the 
proposed rule. We are soliciting public comments on these documents as 
well as all other aspects of the July 30, 2002, proposed rule. We are 
particularly interested in comments on alternatively listing the 
diploid (fertile) form only, including gametes and viable eggs. A 
listing of the diploid (fertile) form would have the effect of 
prohibiting the importation of live diploid black carp, gametes, or 
viable eggs into the United States and prohibiting the movement of live 
diploid black carp, gametes, or viable eggs between States without a 
permit issued by the Director of the Service. A listing of all forms 
(diploid and triploid) would have the effect of prohibiting the 
importation of all live black carp, gametes, or viable eggs into the 
United States and prohibiting the movement of all live black carp, 
gametes, or viable eggs between States without a permit issued by the 
Director of the Service. The purpose of the draft environmental 
assessment is to evaluate three alternatives associated with the 
proposed rule to list black carp (Mylopharyngodon piceus) as an 
injurious species under the Lacey Act. The purpose of the draft 
economic analysis is to analyze the potential economic impact if the 
proposed rule were adopted as published.

Public Comments Solicited

    We are soliciting substantive public comments and supporting data 
on the draft environmental assessment, the draft economic analysis, and 
the proposal to add all forms (diploid and triploid) of live black carp 
to the list of injurious wildlife under the Lacey Act. Additionally, we 
are seeking comments and supporting data on the consideration of adding 
only live diploid (fertile) forms of black carp to the list of 
injurious wildlife. Listing the diploid form only would prohibit the 
importation and interstate movement of diploid live black carp, and 
would not prohibit the importation and interstate movement of live 
triploid (sterile) black carp. Comments already submitted on the 
proposed rule need not be resubmitted as they will be fully considered 
in our decisionmaking.
    The Service solicits substantive public comment on the following 
issues:
    1. How many black carp (diploid, triploid, or both) are currently 
in use in how many States? If a permit is required, please provide the 
number of black carp permitted for the past 15 years.
    2. Are data available regarding the number of channel catfish, 
baitfish, or hybrid striped bass farms that use diploid, triploid, or 
both diploid and triploid black carp? What is the total acreage of 
black carp (diploid, triploid, or both) used?
    3. Are data available to model the degree to which black carp are 
an effective biological control for snails and trematode outbreaks 
(i.e., mortality rates, growth rates, and disease susceptibility)?
    4. Are data available to estimate the cost of alternative 
biological and chemical methods to control snails and trematode 
outbreaks if diploid and triploid black carp are listed under the Lacey 
Act? Are data available to estimate the cost of alternative biological 
and chemical methods to control snails and trematode outbreaks if only 
diploid black carp are listed under the Lacey Act? Please provide data 
regarding the alternative methodologies and effectiveness and 
associated costs and benefits of the alternative(s) (chemical, 
biological, water level manipulation, or any combination of the three).
    5. Are data available to estimate the costs associated with ponds 
that suffer light (loss of 200 pounds), moderate (loss between 200-
2,000 pounds) or severe (loss over 2,000 pounds) outbreaks?
    6. Are estimates available for the cost to remediate a pond that 
suffers light (loss of 200 pounds), moderate (loss between 200-2,000 
pounds), and severe (loss over 2,000 pounds) outbreaks?
    7. Are data available to estimate the rate at which trematode 
outbreaks occurred between the 1970s and 2005?
    8. Are data available to estimate the rate at which trematode 
outbreaks are expected to change over the next 10 years, both with and 
without the use of black carp?
    9. Have studies been conducted to evaluate other biological and/or 
chemical methods to disrupt the life cycle of parasites currently 
controlled using black carp?
    10. Are data available to estimate the impact to catfish, baitfish, 
and hybrid

[[Page 51327]]

striped bass industries if diploid and triploid black carp are listed 
under the Lacey Act?
    11. Are data available to estimate the impact to catfish, baitfish, 
and hybrid striped bass industries if only diploid black carp are 
listed under the Lacey Act?
    12. Are data available for the retail cost of triploid animals? Are 
data available for the retail cost of diploid animals?
    13. Are data available for the cost of restocking based on the ease 
of capture when ponds are seined and fish discarded as offal at catfish 
processing plants? What is the cost of restocking, and how does either 
alternative affect restocking?
    14. Are data available for the costs for implementing 100% 
certified triploid black carp using the Coulter Counter[supreg] method? 
What are the protocols for sampling triploid black carp using this 
method? Are data available showing the effectiveness in identifying 
triploid black carp using the Coulter Counter[supreg] method?
    15. Are data available for the costs for implementing 100% 
certified triploid black carp using the flow cytometry method? What are 
the protocols for sampling triploid black carp using this method? Are 
data available showing the effectiveness in identifying triploid black 
carp using the flow cytometry method?
    16. Are there other scientifically proven methods to ensure 100% 
certification of triploid black carp?
    17. Is information/data available on the costs of providing escape-
proof containment of both triploid and diploid black carp? Movement may 
include transportation, wildlife, floods or other natural events.
    18. Are data available on the costs to eradicate black carp 
individuals and/or populations or similar nonnative populations, if 
found?
    19. Are data available on the costs of implementing native mollusk 
propagation, recovery, and restoration programs? Are data available on 
the State-listed species that would be impacted by the introduction of 
diploid or triploid black carp?
    20. Are data available on the costs to re-establish mussel and 
snail populations that may have been impacted by spills (or other 
events) or may be impacted by black carp?
    21. Are data available on the economic value of mussel shells used 
in the cultured pearl and jewelry industries?
    Submit comments and data as identified in ADDRESSES. If you submit 
documentation by e-mail, please submit it as an ASCII file format and 
avoid the use of special characters and encryption. Please include 
``Attn: [RIN 1018-AG70]'' in your e-mail subject line and your name and 
return address in your e-mail message. If you do not receive a 
confirmation from the system that we have received your e-mail message, 
contact us directly by calling our office at telephone number 703-358-
2148 during normal business hours. Please note that this e-mail address 
will be closed at the termination of the public comment period.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. In some circumstances, we would withhold 
from the rulemaking record a respondent's identity, as allowable by 
law. If you wish for us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. 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.

    Authority: 18 U.S.C. 42.

    Dated: August 24, 2005.
Paul Hoffman,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-17173 Filed 8-29-05; 8:45 am]
BILLING CODE 4310-55-U


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