```

[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52319-52324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17431]

-----------------------------------------------------------------------

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, [email protected].

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 scimitar-
horned 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,

[[Page 52320]]

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 scimitar-horned 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 re-import; 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

[[Page 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 all-terrain 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 scimitar-horned 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 scimitar-horned 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 
off-road vehicles and high-caliber weaponry. By the mid-1900s, 
intensive killing had exterminated the scimitar-horned 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 all-terrain 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 mid-1980s, 
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 
scimitar-horned 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 scimitar-horned 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.

[[Page 52322]]

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 non-governmental 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 scimitar-horned 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 scimitar-horned 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 captive-
breeding 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 scimitar-horned 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

[[Page 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 scimitar-horned 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. Sahelo-Saharan 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, Z[aacute]mock[aacute], 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).

[[Page 52324]]

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

0
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.

0
2. Amend Sec.  17.11(h) as follows:
0
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
0
b.By adding entries for ``Addax,'' ``Gazelle, dama,'' and ``Oryx, 
scimitar-horned,'' in alphabetical order under MAMMALS, to the List of 
Endangered and Threatened Wildlife as set forth below.

Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Mammals
Addax............................  Addax nasomaculatus.  North Africa.......  Entire.............  E                                     NA           NA
 
                                                                      * * * * * * *
Gazelle, dama....................  Gazella dama........  North Africa.......  Entire.............  E                         3           NA           NA
 
                                                                      * * * * * * *
Oryx, scimitar-horned............  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
```