Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52319 

transfer of live wildlife, including 

embryos and gametes, or sport hunting 

in a manner that contributes to 

increasing or sustaining captive 

numbers or to potential reintroduction 

to range countries; 

(2) The specimen was captive-bred, in 

accordance with § 17.3, within the 

United States; 

(3) All live specimens of that species 

held by the captive-breeding operation 

are managed in a manner that prevents 

hybridization of the species or 

subspecies. 

(4) All live specimens of that species 

held by the captive-breeding operation 

are managed in a manner that maintains 

genetic diversity. 

(5) Any export of or foreign commerce 

in a specimen meets the requirements of 

paragraph (g)(4) of this section, as well 

as parts 13, 14, and 23 of this chapter; 

(6) Each specimen to be re-imported 

is uniquely identified by a tattoo or 

other means that is reported on the 

documentation required under 

paragraph (h)(5) of this section; and 

(7) 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 

officials for inspection at reasonable 

hours set forth in §§ 13.46 and 13.47 of 

this chapter. 

(8) The sport-hunted trophy consists 

of raw or tanned parts, such as bones, 

hair, head, hide, hooves, horns, meat, 

skull, rug, taxidermied head, shoulder, 

or full body mount, of a specimen that 

was taken by the hunter during a sport 

hunt for personal use. It does not 

include articles made from a trophy, 

such as worked, manufactured, or 

handicraft items for use as clothing, 

curios, ornamentation, jewelry, or other 

utilitarian items for commercial 

purposes. 

Dated: August 25, 2005. 

Paul Hoffman, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 05–17432 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AI82 

Endangered and Threatened Wildlife 

and Plants; Final Rule To List the 

Scimitar-Horned Oryx, Addax, and 

Dama Gazelle as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered status for scimitar-horned 

oryx (Oryx dammah), addax (Addax 

nasomaculatus), and dama gazelle 

(Gazella dama) throughout their ranges, 

pursuant to the Endangered Species Act 

of 1973, as amended (Act). The best 

available information indicates that the 

causes of decline of these antelopes are 

(1) habitat loss through desertification, 

permanent human settlement, and 

competition with domestic livestock, 

and (2) regional military activity and 

uncontrolled killing. These threats have 

caused the possible extinction in the 

wild of the scimitar-horned oryx and the 

near-extinction of the addax in the wild. 

All three species are in danger of 

extinction throughout their ranges. 

Accordingly, we are listing these three 

antelopes as endangered. 

DATES: This final rule is effective on 

October 3, 2005. 

ADDRESSES: The complete file for this 

rule is available for inspection, by 

appointment, during normal business 

hours in the office of the Division of 

Scientific Authority, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 750, Arlington, Virginia 

22203. 

Requests for copies of the regulations 

regarding listed wildlife and inquiries 

about prohibitions and permits may be 

addressed to: Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 North Fairfax Drive, Room 

700, Arlington, Virginia 22203 

(telephone, 703–358–2104; fax, 703–

358–2281). 

FOR FURTHER INFORMATION CONTACT: 

Robert R. Gabel, Chief, Division of 

Scientific Authority, at the above 

address; by telephone, 703–358–1708; 

by fax, 703–358–2276; or by e-mail, 

Scientificauthority@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The scimitar-horned oryx stands 

about 47 inches [in, 119 centimeters 

(cm)] tall and weighs around 450 

pounds [lb, 204 kilograms (kg)]. It is 

generally pale in color, but the neck and 

chest are dark reddish brown. As the 

name suggests, adult animals possess a 

pair of horns curving back in an arc up 

to 50 in (127 cm) long. The scimitarhorned oryx once had an extensive 

range in North Africa throughout the 

semi-deserts and steppes north of the 

Sahara, from Morocco to Egypt. 

The addax stands about 42 in (106 

cm) tall at the shoulder and weighs 

around 220 lb (100 kg). It is grayish 

white and its horns twist in a spiral up 

to 43 in (109 cm) long. The addax once 

occurred throughout the deserts and 

sub-deserts of North Africa, from the 

Atlantic Ocean to the Nile River. 

The dama gazelle stands about 39 in 

(99 cm) tall at the shoulder and weighs 

around 160 lb (72 kg). The upper part 

of its body is mostly reddish brown, 

whereas the head, rump, and underparts 

are white. Its horns curve back and up, 

but reach a length of only about 17 in 

(43 cm) long. The dama gazelle, the 

largest of the gazelles, was once 

common and widespread in arid and 

semi-arid regions of the Sahara. 

Of the three antelope species, the 

scimitar-horned oryx has been the most 

susceptible to the threats it faced. In 

Egypt, the species became extinct over 

a century ago (M. Riad, Minister of State 

for Environmental Affairs, in litt., 

August 2003). By the mid-1900s, 

intensive killing had extirpated the 

scimitar-horned oryx from Morocco 

(Fact sheet submitted to the Service by 

M. Anechoum, Secretary General, 

Department of Waters and Forests in the 

Campaign Against Desertification, 

Morocco, pers. com., September 2003). 

By the mid-1980s, it was estimated that 

only a few hundred were left in the 

wild, with the only viable populations 

known to be in Chad. There have been 

no reported sightings of this species in 

the wild since the late 1980s. The World 

Conservation Union (IUCN) has 

declared the species extinct in the wild 

(IUCN 2003). In 1983, it was listed in 

Appendix I of the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES). Captive-bred specimens are 

being introduced into large fenced areas 

in Morocco and Tunisia, and these 

animals may be released into the wild 

when adequately protected habitat is 

available (Antelope Taxon Advisory 

Group 2002b). 

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. The last observation of 

addax in Egypt was in the 1970s (Riad, 

52320 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

in litt., August 2003), and in Morocco in 

1963 (M. Anechoum, in litt., September 

2003). Remnant populations may still 

exist in the remote desert areas of Chad, 

Mali, and Niger, and occasionally move 

north into Algeria and Libya during 

times of good rainfall. According to the 

Antelope Specialist Group’s Global 

Survey of Antelopes, the addax is 

considered to be regionally extinct 

(Mallon and Kingwood 2001). The 

addax is listed as critically endangered 

by IUCN (IUCN 2003) and probably 

numbers fewer than 600 in the wild 

(Noble 2002). In 1983, the addax was 

listed in Appendix I of CITES. As with 

the scimitar-horned oryx, captive-bred 

specimens are being introduced into 

large fenced areas of protected habitat in 

Morocco and Tunisia (Antelope Taxon 

Advisory Group 2002a). 

The dama gazelle is able to utilize 

both semi-desert and desert habitats. 

Although the dama gazelle is the least 

susceptible of the three antelopes to 

pressures from humans and domestic 

livestock, it has declined rapidly in the 

last 20 years, and only small numbers 

survive in most of the eight countries 

within its historical range. Noble (2002) 

estimated that the wild population of G. 

dama ruficollis is fewer than 200 

specimens, G. dama dama is about 500 

specimens, and G. dama mhorr may be 

extinct in the wild. It was previously 

extirpated from Senegal, but has since 

been reintroduced, and in 1997, at least 

25 animals existed there as part of a 

semi-captive breeding program (IUCN 

2003). The dama gazelle, including all 

subspecies, is listed as endangered by 

IUCN (2003). The Mhorr gazelle may 

only be found in captive collections or 

reintroduced populations in large 

fenced enclosures within range 

countries (Antelope Taxon Advisory 

Group 2002, IUCN 2003). In 1983, the 

Mhorr gazelle was listed in CITES 

Appendix I. 

For additional population numbers 

indicating global and regional declines 

of the three antelope species, see our 

November 5, 1991, proposed rule (56 FR 

56491). 

Previous Federal Action 

The Mhorr gazelle and Rio de Oro 

dama gazelle (G. d. lozanoi) were listed 

as endangered throughout their ranges 

on June 2, 1970 (35 FR 8495). On 

November 5, 1991, we published in the 

Federal Register (56 FR 56491) a 

proposed rule to list the scimitar-horned 

oryx, addax, and dama gazelle as 

endangered in The List of Threatened 

and Endangered Species [50 CFR 

17.11(h)]. We re-opened the comment 

period on the Novermber 5, 1991, 

proposed rule to request information 

and comments from the public on July 

24, 2003 (68 FR 43706), and November 

26, 2003 (68 FR 66395). Stakeholders 

and interested parties, including the 

general public, governmental agencies, 

the scientific community, industry, and 

the range countries of the species were 

requested to submit comments or 

information. 

Summary of Comments and 

Recommendations 

We received a total of 56 comments, 

including multiple comments from the 

same stakeholders, during the three 

public comment periods on the 

proposed rule. Most of the comments 

(62.5%) were submitted by U.S. game 

ranchers. Zoos and zoo organizations 

submitted 8.9% of the comments. Other 

comments were received from 

governments of range countries (7.1%), 

hunting organizations (7.1%), exotic 

wildlife breeding organizations (5.4%), 

the general public (5.4%), and 

international scientific organizations 

(3.6%). 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 

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. We received comments 

from all of the peer reviewers. 

We also sent letters requesting 

comments from the CITES Management 

and Scientific Authorities in the range 

countries, which include Algeria, Egypt, 

Libya, Morocco, Tunisia, and the United 

Arab Emirates. We received responses 

from Egypt and Morocco. 

The two range country governments 

that responded both supported the 

proposed rule. The remaining 

commenters expressed opposition only 

to listing captive-bred specimens of 

these species as endangered. 

Specifically, peer reviewers and the zoo 

community supported listing of wild 

specimens only for all three species, 

noting that the captive herds are 

relatively robust. They advised that 

captive-breeding operations should not 

be impeded in their efforts to maintain 

globally managed captive herds. 

According to the information provided, 

the large captive herds of these species 

retain a substantial level of genetic 

diversity and are able to serve as sources 

of specimens for reintroduction, as 

needed. The exotic animal ranching 

community was uniformly against the 

proposed rule because listing the 

species would provide a disincentive to 

continue captive breeding of these three 

species on ranches. A major concern of 

ranchers was the need to go through 

potentially lengthy and cumbersome 

permit processes to continue their 

longstanding activities with these 

species, in accordance with the 

regulations at 50 CFR 17.21(g)(1). 

It would not be appropriate to list 

captive and wild animals separately. 

Indeed, in the case of the scimitarhorned oryx, there are possibly no wild 

individuals. However, the Service may 

authorize otherwise prohibited activities 

that enhance the propagation or survival 

of the species, such as captive breeding 

to increase the population size or 

improve the gene pool, under section 

10(a)(1)(A) of the Act. In response to 

these comments, on February 1, 2005 

(70 FR 5117), we initiated a separate 

rulemaking by announcing a proposed 

rule and notice of availability of a draft 

environmental assessment to add a new 

subsection, 17.21(h), to govern certain 

activities with U.S. captive-bred 

scimitar-horned oryx, addax, and dama 

gazelle, should they become listed as 

endangered. The proposed rule covered 

U.S. captive-bred live specimens, 

embryos, gametes, and sport-hunted 

trophies and would authorize certain 

otherwise prohibited activities that 

enhance the propagation or survival of 

the species. The ‘‘otherwise prohibited 

activities’’ were take; export or reimport; delivery, receipt, carrying, 

transport or shipment in interstate or 

foreign commerce, in the course of a 

commercial activity; or sale or offering 

for sale in interstate or foreign 

commerce. In the proposed rule, we 

determined 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 or survival of 

these species. Comments were accepted 

until April 4, 2005. The final rule is 

published in today’s Federal Register. 

No comments were submitted that 

demonstrate that the three antelope 

species do not qualify as endangered 

under the Act. 

Summary of Factors Affecting the 

Species 

Section 4(a)(1) of the Act (16 U.S.C. 

1531 et seq.) and regulations 

promulgated to implement the listing 

provisions of the Act (50 CFR part 424) 

set forth the procedures for determining 

whether any species is an endangered or 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52321 

threatened species. A species may be 

determined to be an endangered or 

threatened species on the basis of one or 

more of the five factors described in 

section 4(a)(1) of the Act. These factors 

and their application to the three 

antelopes are as follows: 

A. Present or Threatened Destruction, 

Modification, or Curtailment of Its 

Habitat or Range 

The ranges of all three species have 

been reduced as a result of habitat loss 

(Antelope Taxon Advisory Group 2002, 

IUCN 2003, Mallon and Kingwood 

2001), which has occurred through 

overgrazing by domestic livestock. 

Severe droughts have reduced large 

areas of Sahelian and Saharan pasture, 

and traditional nomadism has declined 

in favor of permanent settlement and 

livestock rearing. The consequent 

establishment of vast herds of domestic 

livestock has led to competition for 

forage, overgrazing, erosion, and 

accelerated desertification. Habitat loss 

is also attributable to increased military 

activity, construction, and mining in the 

region, as well as the proliferation of allterrain vehicles. See the November 5, 

1991, proposed rule for additional 

details on the causes of and 

geographical regions of decline. 

Habitat loss has been the main reason 

for the possible extinction of scimitarhorned oryx in the wild according to the 

World Conservation Union (IUCN 2003). 

Reduction in habitat is also the major 

threat to the addax. The decline of the 

addax has closely paralleled that of the 

oryx. However, because the addax is 

able to utilize waterless areas in the 

Sahara that are devoid of human 

settlement and livestock, it has been 

somewhat less affected than the oryx to 

habitat disturbance by humans and 

competition with domestic livestock 

(Antelope Taxon Advisory Group 

2002a). 

Being able to utilize both semi-desert 

and desert habitats the dama gazelle has 

proved somewhat less susceptible to 

habitat reduction and degradation than 

the other two species. However, the 

dama gazelle is not as drought-resistant 

as the other two species. Thus, intensive 

drought coupled with overgrazing from 

livestock can have an extreme impact on 

this species (Antelope Taxon Advisory 

Group 2002b). Noble (2002) estimates 

that the wild population of G. dama 

ruficollis is fewer than 200 specimens, 

that of G. dama dama is about 500 

specimens, and G. dama mhorr is 

extinct in the wild. The IUCN (2003) has 

identified human-induced habitat loss 

and degradation as a major threat 

contributing to the IUCN classification 

of the dama gazelle as endangered. 

Therefore, based on the best available 

information, we find that the scimitarhorned oryx, addax, and dama gazelle 

are in danger of extinction from the 

present or threatened destruction, 

modification, or curtailment of their 

habitats or ranges. 

B. Overutilization for Commercial, 

Recreational, Scientific, or Educational 

Purposes 

Uncontrolled killing has contributed 

to the decline of all three species (IUCN 

2003, Mallon and Kingwood 2001). 

Traditional hunting methods—involving 

spears, bows, nets, and dogs—had little 

overall effect on antelope populations. 

Rather, military and government 

officials have inflicted the most 

devastating losses with access to offroad vehicles and high-caliber 

weaponry. By the mid-1900s, intensive 

killing had exterminated the scimitarhorned oryx in Morocco (M. Anechoum, 

in litt., September 2003). The addax 

population suffered its greatest 

reduction in numbers due to motorized 

uncontrolled killing following World 

War II (Antelope Taxon Advisory Group 

2002a). 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. In 2001, an antelope 

survey team observed many signs of 

recent antelope killing in Chad 

including abandoned carcasses, vehicle 

tracks, spent cartridges, and eyewitness 

reports. The most frequent killing was 

carried out by people with access to allterrain vehicles, such as the military, 

well-diggers, merchants, administrators, 

and others (Monfort et al. 2001). 

Civil wars in Chad and Sudan in 

particular have contributed to the 

uncontrolled killing and harassment of 

the last large scimitar-horned oryx 

populations (Antelope Taxon Advisory 

Group 2002c). In the late 1970s, the 

scimitar-horned oryx was estimated to 

number about 6,000 individuals, at least 

5,000 of which were in Chad and the 

rest of which were split into separate 

groups in other countries. By the mid1980s, there were only a few hundred 

left in the wild, with the only known 

viable groups being in Chad. However, 

by 1989, only as many as 200 scimitarhorned oryx remained in Chad (Estes 

1989). The same conflict that affected 

the scimitar-horned oryx continues to 

affect the dama gazelle population 

(Antelope Taxon Advisory Group 

2002a). 

According to Harper (1945), the range 

of the addax extended throughout the 

Saharan region in the 19th century. In 

the 1920s, the species was reported to 

occur in ‘‘immense herds’’ north of Lake 

Chad. By that period, however, the 

addax was becoming rare in some other 

areas because of excessive killing. 

Thornback (1978) indicated that the last 

permanent populations of addax 

disappeared from Tunisia as early as 

1885, Egypt about 1970, northern 

Algeria in 1920–1922, Western Sahara 

in 1942, and Libya in 1949. In the 

1970s, there were an estimated 2,500 

individuals in Chad, and also 

substantial numbers in southern 

Algeria, Mauritania, Mali, Niger, and 

Sudan. Newby and Magin (1989) 

reported that the addax had disappeared 

almost throughout its original range. 

They also reported that a group of 50–

200 individuals in northeastern Niger 

might represent the last viable wild 

population, but that a series of years 

with good rainfall in the late 1980s 

might have improved the situation. 

More recently, Estes (1989) noted that 

there also were an estimated 200 

animals still in Chad, fewer than 50 in 

Mali, and possibly a few in remote parts 

of Algeria, Sudan, and Egypt. 

An important new problem has been 

the arrival of non-resident hunters, 

mainly from other African countries and 

the Middle East. Traveling in large 

motorized caravans and equipped with 

automatic rifles, these parties have 

ignored local laws and killed wildlife, 

including dama gazelle and addax, of 

Algeria, Sudan, and Morocco, and more 

recently have concentrated their 

attention in Mali and Niger (Newby 

1990). In Niger, killing of antelope is 

perpetrated by foreigners from the 

Arabian Gulf and military personnel. 

This may increase in the near future 

when an airport is built in the region 

inhabited by antelope (Wacher et al. 

2003). 

The dama gazelle declined by half 

between 1991 and 2001, in part due to 

illegal killing (Mallon and Kingwood 

2001). See the November 5, 1991, 

proposed rule for additional details on 

the overutilization for commercial, 

recreational, scientific, or educational 

purposes. 

Therefore, based on the best available 

information, we find that the scimitarhorned oryx, addax, and dama gazelle 

are in danger of extinction from 

overutilization for commercial, 

recreational, scientific, or educational 

purposes. 

C. Disease or Predation 

According to S. Monfort, Chair, 

Sahelo—Saharan Interest Group (SSIG), 

research veterinarian, National 

Zoological Park, Smithsonian Institution 

(in litt., October 2003), disease and 

predation do not represent a threat to 

the survival of these three antelopes. 

52322 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

Based on the best available information, 

we find that the scimitar-horned oryx, 

addax, and dama gazelle are not in 

danger of extinction within the 

foreseeable future from disease or 

predation. 

D. Inadequacy of Existing Regulatory 

Mechanisms 

With the exceptions of Morocco, 

Senegal, and Tunisia, there is almost no 

effective wildlife protection across the 

Sahelo-Saharan region (S. Monfort, in 

litt., October 2003). Few areas are 

adequately protected due to limited 

resources or lack of vigilance. In 

general, protected areas have no 

infrastructure or support to ensure 

protection of these species. 

The Sahelo-Saharan range states have 

agreed to cooperate under the United 

Nations Environment Programme’s 

Convention on Migratory Species 

(CMS). In 1994, the CMS adopted a 

resolution that recommended the 

development and the implementation of 

an Action Plan for the conservation of 

six ungulate species including the 

scimitar-horned oryx, addax, and dama 

gazelle (UNEP/CMS 1999). 

Comprehensive status reports of the 

species throughout the migration range 

based on the most recent surveys and 

reports were compiled and an Action 

Plan was developed by experts from the 

Range States, neighboring countries, 

scientific institutions, and nongovernmental organizations. The Action 

Plan for the conservation and 

restoration of the Sahelo-Saharan 

antelopes and their habitats comprises 

the three following main objectives: 1. 

To restore range and numbers (conserve 

or restore potential habitats in areas of 

former occurrence, consolidate or 

reinforce populations, reintroduce 

populations), 2. to reduce mortality 

(increase public awareness, census 

populations, conserve relict habitats, 

enact and enforce legislative measures, 

involve local communities), 3. to 

enhance international cooperation 

(improve exchange of information and 

technical expertise, raise funds for 

conservation programmes). 

These objectives are included in the 

work of the Sahelo-Saharan Interest 

Group (SSIG) which formed in 2000. 

The SSIG has conducted range country 

antelope surveys (Monfort et al. 2001, 

Wacher et al. 2003) and held meetings 

that review current projects and propose 

further areas of research (Monfort 2003). 

While the work of the SSIG has 

improved communication among 

researchers and range state 

representatives interested in these 

species, it is not a regulatory body. 

There has been no progress in the 

development of transboundary 

protected areas (S. Monfort, in litt., 

October 2003). 

The United States and range-country 

governments, as well as most countries 

worldwide, are required to strictly 

regulate trade in these species because 

the scimitar-horned oryx, addax, and 

dama gazelle are listed in Appendix I of 

CITES. Listing in CITES Appendix I 

requires strict regulation of international 

movement of these species, which may 

only be authorized in ‘‘exceptional 

circumstances.’’ CITES provides some 

protection, but these three species are 

not threatened by trade. Thus, CITES is 

inadequate to prevent or reduce the 

threat of extinction for these species. 

Therefore, based on the best available 

information, we find that the scimitarhorned oryx, addax, and dama gazelle 

are in danger of extinction from 

inadequate existing regulatory 

mechanisms. 

E. Other Natural or Manmade Factors 

Captive breeding is a manmade factor 

that has stemmed the decline of the 

three species. It has provided the 

founder stock necessary for 

reintroduction, maintenance of 

otherwise potentially lost bloodlines, 

and opportunities for research. The 

scimitar-horned oryx is possibly extinct 

in the wild and therefore, but for captive 

breeding, the species might 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 in captivity 

(71% and 48%, respectively). The SSIG 

estimates that there are about 4,000–

5,000 scimitar-horned oryx, 1,500 

addax, and 750 dama gazelle in 

captivity worldwide. Captive-breeding 

programs operated by zoos and private 

ranches have effectively increased the 

numbers of these animals while 

genetically managing their herds. As 

future opportunities arise for 

reintroduction in the antelope range 

countries, captive-breeding programs 

will be able to provide genetically 

diverse and otherwise suitable 

specimens. Currently, however, 

continued habitat loss and wonton 

killing have made reintroduction 

nonviable in most cases. See 70 FR 5117 

for a detailed discussion of the role of 

captive breeding in the conservation of 

these species. 

Fenced reintroductions of scimitarhorned oryx are ongoing in Morocco, 

Tunisia, and Senegal (Monfort in litt. 

2003, Monfort 2003). Five dama gazelle 

have been introduced to a large 

enclosure in Senegal (Ba and Clark 

2003). These specimens are fenced in 

large tracts of suitable or recovering 

habitat and held for breeding and 

eventual reintroduction. The founder 

stock was largely derived from captivebreeding facilities. However, threats to 

survival of the antelopes still occur 

outside of the fenced areas so 

reintroduction into the wild has rarely 

occurred. 

Because the remaining wild antelopes 

live in a harsh environment and are 

subject to severe natural pressures, they 

are especially vulnerable when adverse 

human impacts compound the situation. 

Human development projects that 

include drilling water wells influence 

land-use patterns and increase the 

human and domestic livestock conflict 

with wildlife. For arid antelope species, 

this can result in increased direct (e.g., 

killing) or indirect (e.g., grazing 

competition) conflicts (S. Monfort, in 

litt., October 2003). In terms of natural 

pressures, Newby (1988) observed: ‘‘The 

effect of drought and desertification on 

aridland wildlife in general, and on the 

Oryx and Addax in particular, has been 

catastrophic: fewer and smaller winter 

pastures, rarefaction of dry-season 

grazing, loss of shade and depletion of 

vital sources of organic water. By the 

hot season, Oryx and Addax are 

severely weakened, some die of hunger, 

others of thirst. Reproduction is 

disrupted or curtailed entirely; calves 

are aborted or abandoned at birth. In the 

search for grazing, the wildlife is driven 

south prematurely and onto land 

occupied by herders or farmers on the 

northern edge of the agricultural zone.’’

Therefore, based on the best available 

information, we find that the scimitarhorned oryx, addax, and dama gazelle 

are in danger of extinction from natural 

factors such as drought and manmade 

factors that result in habitat loss and 

uncontrolled killing. 

Conclusion 

In developing this rule, we have 

carefully assessed the best scientific and 

commercial information available 

regarding the past, present, and future 

threats facing these species. This 

information indicates that the wild 

populations of the three antelopes have 

declined drastically over the past 50 

years. The scimitar-horned oryx may 

now be extinct in the wild. The declines 

have resulted primarily from habitat 

loss, uncontrolled killing, and the 

inadequacy of existing regulatory 

mechanisms. Because these threats 

place the species in danger of extinction 

throughout all or a significant portion of 

their ranges (in accordance with the 

definition of ‘‘endangered species’’ in 

section 3(6) of the Act), we find that the 

scimitar-horned oryx, addax, and dama 

gazelle are endangered throughout their 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52323 

ranges, pursuant to the Act. This action 

will result in the classification of these 

species as endangered, wherever they 

occur. 

Available Conservation Measures 

Conservation measures provided to 

species listed as endangered or 

threatened under the Act include 

recognition of conservation status, 

requirements for Federal protection, and 

prohibitions against certain practices. 

Recognition through listing encourages 

and results in conservation actions by 

Federal, State, and private agencies and 

groups, and individuals. The protection 

required of Federal agencies and the 

prohibitions against take and harm are 

discussed, in part, below. 

Section 7(a) of the Act, as amended, 

and as implemented by regulations at 50 

CFR part 402, requires Federal agencies 

to evaluate their actions that are to be 

conducted within the United States or 

upon the high seas, with respect to any 

species that is proposed to be listed or 

is listed as endangered or threatened 

and with respect to its proposed or 

designated critical habitat, if any is 

being designated. Because the scimitarhorned oryx, addax, and dama gazelle 

are not native to the United States, no 

critical habitat is being proposed for 

designation with this rule. Regulations 

implementing the interagency 

cooperation provision of the Act are 

codified at 50 CFR part 402. Section 

7(a)(2) of the Act requires Federal 

agencies to ensure that activities they 

authorize, fund, or carry out are not 

likely to jeopardize the continued 

existence of a listed species or to 

destroy or adversely modify its critical 

habitat. If a proposed Federal action 

may affect a listed species, the 

responsible Federal agency must enter 

into formal consultation with the 

Service. Currently, with respect to these 

three antelopes, no Federal activities are 

known that would require consultation. 

Section 8(a) of the Act authorizes the 

provision of limited financial assistance 

for the development and management of 

programs that the Secretary of the 

Interior determines to be necessary or 

useful for the conservation of 

endangered or threatened species in 

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

of the Act authorize the Secretary to 

encourage conservation programs for 

foreign listed species, and to provide 

assistance for such programs, in the 

form of personnel and the training of 

personnel. 

The Act and its implementing 

regulations set forth a series of general 

prohibitions and exceptions that apply 

to all endangered wildlife. As such, 

these prohibitions are applicable to the 

scimitar-horned oryx, addax, and dama 

gazelle. These prohibitions, in part, 

make it illegal for any person subject to 

the jurisdiction of the United States to 

‘‘take’’ (includes harass, harm, pursue, 

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

or to attempt any of these) within the 

United States or upon the high seas; 

import or export; deliver, receive, carry, 

transport, or ship in interstate 

commerce in the course of commercial 

activity; or sell or offer for sale in 

interstate or foreign commerce any 

endangered wildlife species. It also is 

illegal to possess, sell, deliver, carry, 

transport, or ship any such wildlife that 

has been taken in violation of the Act. 

Certain exceptions apply to agents of the 

Service and State conservation agencies. 

Permits may be issued to carry out 

otherwise prohibited activities 

involving endangered wildlife species 

under certain circumstances. 

Regulations governing permits are 

codified at 50 CFR 17.22. With regard to 

endangered wildlife, a permit may be 

issued for the following purposes: for 

scientific purposes, to enhance the 

propagation or survival of the species, 

and for incidental take in connection 

with otherwise lawful activities. 

Paperwork Reduction Act 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. This rule does 

not contain any new collections of 

information that require OMB approval. 

However, OMB has approved the 

collection of information associated 

with endangered species permits and 

assigned control number 1018–0093, 

which expires June 30, 2007. For 

additional information concerning 

permit requirements for endangered 

species, see 50 CFR 17.22. 

National Environmental Policy Act 

We have determined that 

Environmental Assessments and 

Environmental Impact Statements, as 

defined under the authority of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4347), need not be 

prepared in connection with regulations 

adopted pursuant to section 4(a) of the 

Act. A notice outlining our reasons for 

this determination was published in the 

Federal Register on October 25, 1983 

(48 FR 49244). 

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. 

Ba, D.M. and B. Clark. 2003. Update on 

antelope conservation programs in Senegal. 

Fourth Annual Sahelo-Saharan Interest 

Group Meeting. Agadir, Morocco, pp. 9–10. 

Estes, R.D. 1989. The CBSG Aridland 

Anelopes Workshop. Gnusletter 8(3):9–12. 

Harper, F. 1945. Extinct and vanishing 

mammals of the Old World. Special 

Publication American Commission on 

International Wildlife Protection. No. 12. 

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. 

Monfort, S.L.. 2003. Comments submitted 

to U.S. Fish and Wildlife Service on 

proposed listing rule, Oct. 20, 2003. 

Monfort, S.L. (ed.) 2003. Fourth Annual 

Sahelo-Saharan Interest Group Meeting, 

Agadir, Morocco, 67 p. 

Monfort, S.L., J. Newby , T.J. Wacher, J. 

Tubiana, and D. Moksia. 2001. SaheloSaharan Antelope Survey, Republic of Chad. 

Final Report. Sahelo-Saharan Interest Group/ 

UNEP–CMS. 

Newby, J.E. 1988. Aridland wildlife in 

decline: The case of the scimitar-horned 

oryx. In A. Dixon and D. Jones (eds.), 

Conservation and Biology of Desert 

Antelopes. Christopher Helm: London, pp. 

146–166. 

Newby, J.E. 1990. The slaughter of 

Sahelian wildlife by Arab royalty. Oryx 24:6–

8. 

Newby, J.E., and C. Magin. 1989. Addax in 

Niger: distribution, status and conservation 

options. IUCN. Captive Breeding Specialist 

Group Meeting, San Antonio. 

Noble, D. 2002. Overview and status of 

captive antelope populations. Third Annual 

Sahelo–Saharan Interest Group Meeting, May 

20–22, 2002, Za ́mocka ́, Slovakia, p. 41. 

Thornback, J. 1978. Red Data Book. 

Volume 1: Mammals. IUCN: Gland. 

Switzerland. 

UNEP/CMS 1999. CMS Technical Series 

Publication No. 4: Conservation Measures for 

Sahelo-Saharan Antelopes. Action Plan and 

Status Report. UNEP/CMS Secretariat, Bonn, 

Germany 

Wacher, T., J. Newby, S. Monfort, A. 

Dixon, and B. Houston. 2003. Sahelo-Saharan 

Wildlife Surveys. Part two: Central and 

South-Eastern Niger (February–March 2002). 

Sahelo-Saharan Interest Group/UNEP–CMS. 

Author 

The primary author of this notice is 

Michael Kreger, Ph.D., Division of 

Scientific Authority, U.S. Fish and 

Wildlife Service (see ADDRESSES section; 

telephone, 703–358–1708). 

52324 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

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 § 17.11(h) as follows: 

■ a. By removing the entries for 

‘‘Gazelle, Mhorr’’ and ‘‘Gazelle, Rio de 

Oro Dama’’ under MAMMALS in the 

List of Endangered and Threatened 

Wildlife; and 

■ b.By adding entries for ‘‘Addax,’’

‘‘Gazelle, dama,’’ and ‘‘Oryx, scimitarhorned,’’ in alphabetical order under 

MAMMALS, to the List of Endangered 

and Threatened Wildlife as set forth 

below. 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate population where endangered or threatened 

Status When listed Critical 

habitat 

Special 

rules Common name Scientific name 

MAMMALS

Addax ....................... Addax 

nasomaculatus.

North Africa ............ Entire ...................... E NA NA 

* * * * * * * 

Gazelle, dama ......... Gazella dama ......... North Africa ............ Entire ...................... E 3 NA NA 

* * * * * * * 

Oryx, scimitarhorned.Oryx dammah ......... North Africa ............ Entire ...................... E NA NA 

* * * * * * * 

Dated: August 19, 2005. 

Marshall P. Jones, Jr., 

Director, Fish and Wildlife Service. 

[FR Doc. 05–17431 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 050719189–5231–02; I.D. 

081105E] 

RIN 0648–AT33 

International Fisheries; Pacific Tuna 

Fisheries; Restrictions for 2005 

Longline Fisheries in the Eastern 

Tropical Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: This emergency action, 

implemented under the regulations for 

the Pacific Tuna Fisheries, will prevent 

overfishing of bigeye tuna in the eastern 

tropical Pacific Ocean (ETP), consistent 

with recommendations by the InterAmerican Tropical Tuna Commission 

(IATTC) that have been approved by the 

Department of State (DOS) under the 

Tuna Conventions Act. NMFS hereby 

closes the U.S. longline fishery directed 

at bigeye tuna in the Convention Area 

for the remainder of 2005 because the 

bigeye tuna catch in the Convention 

Area has reached the reported level of 

catch made in 2001. This action is 

intended to limit fishing mortality on 

bigeye tuna stock caused by longline 

fishing in the Convention Area and 

contribute to the long-term conservation 

of bigeye tuna stock at levels that 

support healthy fisheries. 

DATES: Effective August 30, 2005 

through December 31, 2005. 

ADDRESSES: Southwest Regional 

Administrator, Southwest Region, 

NMFS, 501 W. Ocean Blvd., Suite 4200, 

Long Beach, CA 90902–4213. 

FOR FURTHER INFORMATION CONTACT: J. 

Allison Routt, Sustainable Fisheries 

Division, Southwest Region, NMFS, 

(562) 980–4030. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible via the Internet at the 

Office of the Federal Register’s website 

at http://www.gpoaccess.gov/. 

The United States is a member of the 

IATTC, which was established under 

the Convention for the Establishment of 

an Inter-American Tropical Tuna 

Commission signed in 1949 

(Convention). The IATTC was 

established to provide an international 

arrangement to ensure the effective 

international conservation and 

management of highly migratory species 

of fish in the Convention Area. The 

Convention Area for this purpose is 

defined to include the waters of the ETP 

bounded by the coast of the Americas, 

the 40° N. and 40° S. parallels, and the 

150° W. meridian. The IATTC has 

maintained a scientific research and 

fishery monitoring program for many 

years and annually assesses the status of 

stocks of tuna and the fisheries to 

determine appropriate harvest limits or 

other measures to prevent 

overexploitation of tuna stocks and 

promote viable fisheries. Under the 

Tuna Conventions Act, 16 U.S.C. 951–

961 and 972 et seq., NMFS must publish 

regulations to carry out IATTC 

recommendations and resolutions that 

have been approved by DOS. The 

Southwest Regional Administrator also 

is also required by regulations at 50 CFR 

300.299(b)(3) to issue a direct notice to 

the owners or agents of U.S. vessels that 

operate in the ETP of actions 

recommended by the IATTC and 

approved by the DOS. A notice to the 

fleet was sent May 31, 2005, advising 

the U.S. bigeye tuna longline fleet of 

anticipated actions for the 2005 fishing 

year. 

The IATTC recommended, and the 

DOS approved, a measure whereby the 

U.S. longline fishery for bigeye tuna in 

the Convention Area wouldill close for 

the remainder of calendar year 2005 if 

the catch of bigeye tuna by U.S. longline