[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Proposed Rules]
[Pages 48855-48864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-19016]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
RIN 1018-AI36
Injurious Wildlife Species; Snakeheads (family Channidae)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service proposes to amend 50 CFR
16.13 to add snakeheads (family Channidae) to the list of injurious
fish, mollusks, and crustaceans. This listing would have the effect of
prohibiting the interstate transportation and importation of any live
animal or viable egg of snakeheads into the United States. The best
available information indicates that this action is necessary to
protect the wildlife and wildlife resources from the purposeful or
accidental introduction and subsequent establishment of snakehead
populations in ecosystems of the United States. As proposed, live
snakeheads or viable eggs could be imported only by permit for
scientific, medical, educational, or zoological purposes, or without a
permit by Federal agencies solely for their own use; permits would also
be required for the interstate transportation of live snakeheads or
viable eggs currently held in the United States, for scientific,
medical, educational, or zoological purposes.
DATES: Comments must be submitted on or before August 26, 2002.
ADDRESSES: Comments may be mailed or sent by fax to the Chief, Division
of Environmental Quality, U.S. Fish and Wildlife Service, 4401 North
Fairfax
[[Page 48856]]
Drive, Suite 322, Arlington, VA 22203, FAX (703) 358-1800. You may send
comments by electronic mail (e-mail) to: Snakeheads@fws.gov. See the
Public Comments Solicited section below for file format and other
information about electronic filing.
FOR FURTHER INFORMATION CONTACT: Kari Duncan, Division of Environmental
Quality, Branch of Invasive Species at (703) 358-2464 or
kari_duncan@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The purpose of this proposed rule is to prevent the accidental or
intentional introduction of snakeheads (family Channidae) and the
possible subsequent establishment of populations of these fish in the
wild. The Fish and Wildlife Service is initiating this proposed rule
based upon information we have obtained that indicates that snakeheads
may be injurious to the wildlife and wildlife resources of the United
States.
Description of the Proposed Rule
The regulations contained in 50 CFR part 16 implement the Lacey Act
(18 U.S.C. 42) as amended. Under the terms of the law, the Secretary of
the Interior is authorized to prohibit by regulation certain activities
involving wild mammals, wild birds, fish (including mollusks and
crustaceans), amphibians, reptiles, and the offspring or eggs of any of
the foregoing, that are injurious to human beings, to the interests of
agriculture, horticulture, or forestry, or to the wildlife or wildlife
resources of the United States. The lists of injurious wildlife species
are at 50 CFR 16.11-15. If snakeheads are determined to be injurious,
their importation into, or transportation between, States, the District
of Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States by any means whatsoever is prohibited,
except by permit for zoological, educational, medical, or scientific
purposes (in accordance with permit regulations at 50 CFR 16.22), or by
Federal agencies without a permit solely for their own use, upon filing
a written declaration with the District Director of Customs and the
U.S. Fish and Wildlife Service Inspector at the port of entry. In
addition, no live snakeheads, progeny thereof, or viable eggs acquired
under permit could be sold, donated, traded, loaned, or transferred to
any other person or institution unless such person or institution has a
permit issued by the Director of the U.S. Fish and Wildlife Service.
The interstate transportation of any live snakeheads or viable eggs
currently held in the United States for any purposes not permitted
would be prohibited.
Biology
Two genera are currently recognized in the family Channidae. They
are Channa (snakeheads of Asia, Malaysia, and Indonesia) and Parachanna
(African snakeheads). Synonyms include Bostrychoides, Ophicephalus and
its misspelled form Ophiocephalus, and Parophiocephalus. Although 86
species and 4 subspecies have been described (Eschmeyer, 1998), current
taxonomy is in flux with approximately 28 species recognized as valid
(Musikasinthorn, 2001; Table 1). Because their morphology is very
similar, it is very difficult to differentiate among species of
snakeheads. Juvenile and adult color patterns are often quite different
(Day, 1875; Lee and Ng, 1991, 1994), and some are quite variable in
size and color, and may represent species complexes. A taxonomic
revision of the family, expected to be published within the next two
years, will likely result in additional species being recognized as
valid and perhaps new species described.
Table 1.--Currently Recognized Species of the Family Channidae (After
Musikasinthorn, 2000, 2001)
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Channa amphibeus (McClelland, 1845)--no common name known
Channa argus (Cantor, 1842)--northern snakehead
Channa asiatica (Linnaeus, 1758)--Chinese snakehead
Channa aurantimaculata Musikasinthorn, 2000--no English common name;
naga-cheng (Assam, India)
Channa bankanensis (Bleeker, 1852)--Bangka snakehead
Channa baramensis (Steindachner, 1901)--Baram snakehead
Channa barca (Hamilton, 1822)--barca snakehead
Channa bleheri Vierke, 1991--rainbow snakehead
Channa cyanospilos (Bleeker, 1853)--bluespotted snakehead
Channa gachua (Hamilton, 1822)--dwarf snakehead
Channa harcourtbutleri (Annandale, 1918)--Inle snakehead
Channa lucius (Cuvier, 1831)--splendid snakehead
Channa maculata (Lacepede, 1802)--blotched snakehead
Channa marulius (Hamilton, 1822)--bullseye snakehead
Channa maruloides (Bleeker, 1851)--emperor snakehead
Channa melanoptera (Bleeker, 1855)--no common name known
Channa melasoma (Bleeker, 1851)--black snakehead
Channa micropeltes (Cuvier, 1831)--giant snakehead
Channa nox (Zhang, Musikasinthorn, and Watanabe, 2002)--no English
common name
Channa orientalis Schneider, 1801--Ceylon snakehead
Channa panaw Musikasinthorn, 1998--no English common name; ng panaw
(Myanmar)
Channa pleurophthalmus (Bleeker, 1851)--ocellated snakehead
Channa punctata (Bloch, 1793)--spotted snakehead
Channa stewartii (Playfair, 1867)--golden snakehead
Channa striata (Bloch, 1797)--chevron snakehead
Parachanna africana (Steindachner, 1879)--Niger snakehead
Parachanna insignis (Sauvage, 1884)--Congo snakehead
Parachanna obscura (Gunther, 1861)--African snakehead
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Snakeheads have distinctive morphological features as follows:
Long, almost cylindrical body; long dorsal and anal fins, and all fins
supported only by rays; large scales on head, somewhat similar to the
large epidermal scales on the heads of snakes (hence the common name,
snakeheads); eyes dorsolateral (back and side) and located on the
anterior portion of the head; tubular, anterior nostrils; pectoral and
caudal fin margins rounded; large mouth with protruding lower jaw;
lower jaw always toothed, and prevomer and palatines often toothed;
some lower jaw teeth canine-like, and canines present or absent on
prevomer and palatines; most species with pelvic fins present; and
ventral aorta typically divided into two portions, one serving the
gills and the other the suprabranchial (above the gills) chambers.
Suprabranchial chambers of Channa are non-labyrinthic (complex system
of paths/tunnels), and made up of two plates, one formed by the first
epibranchial (above the gills), the second from the hyomandibular;
those of Parachanna consist of a single cavity with elements from the
epibranchial of the first gill arch and hyomandibular absent.
Two larger snakehead species, Channa marulius and C. maruloides,
superficially resemble the native bowfin, Amia calva, in that all three
are elongated fishes, have long dorsal fins, tubular nostrils, and an
ocellus
[[Page 48857]]
(eyespot) at the base of the upper portion of the caudal fin. The
bowfin, however, has its pelvic fins in a more abdominal rather than
thoracic or anterior-abdominal position, and the anal fin is not
elongated. Moreover, the bowfin does not have a rosette (circular
arrangement) of enlarged scales on top of the head.
Species and species complexes of the genus Channa are native from
southeastern Iran and eastern Afghanistan eastward through Pakistan,
India, southern Nepal, Bangladesh, Myanmar (Burma), Thailand, Laos,
Malaysia, Sumatra, Indonesia, and China northward into Siberia. Of the
currently recognized 25 species of Channa, 9 species and
representatives of 4 species complexes occur in peninsular Malaysia,
Sumatra, and/or Indonesia. Of the same 25 species, 16 species and
members of 5 species complexes are tropical to subtropical; members of
three species complexes are temperate; and one species is temperate to
boreal and can live beneath ice in the northern portion of its range.
The three species of Parachanna are native to Africa and are tropical.
Snakeheads are considered as non-ostariophysan primary freshwater
fishes (Mirza, 1975, 1995), meaning they have little or no tolerance
for seawater. Habitat preferences vary by species or species complex,
with a majority occurring in streams and rivers. Others occur in
swamps, rice paddies, ponds, and ditches. All can tolerate hypoxic (low
oxygen) conditions because they are airbreathers from late juvenile
stages. Where known, pH range, varies by species with one (Channa
bankanensis) preferring highly acidic (pH 2.8-3.8) waters. At least
three species are tolerant of a wide pH range; C. gachua, C. punctata,
and C. striata survived for 72 hours at pH levels ranging from 4.25 to
9.4 (Varma, 1979).
Spawning seasons vary by species. While information on reproductive
biology of many species is lacking, several conclusions can be drawn
from those for which this information is available. Breeding in several
species occurs primarily in summer months (June through August), and in
at least two (the Channa striata species complex and C. punctata),
breeding pairs can be found throughout the year. Some species spawn
twice each year. Okada (1960) reported that female northern snakeheads,
C. argus, are capable of spawning five times per year. There are
several reports that when snakeheads pair, the pair remains monogamous
for a spawning season, perhaps longer, but a pair may not mate for
life.
Snakeheads build nests by clearing a generally circular area in
aquatic vegetation, often weaving the removed vegetation around the
centrally cleared area. This results in a vertical column of water
surrounded by vegetation. One species (C. punctata) prepares elaborate
tunnels through vegetation leading into the nest column. At time of
spawning, the male and female move upward into the central region of
the nest column. The male entwines his body around that of the female,
with some species appearing to ``dance'' in the water column as eggs
are released and fertilized (Breder and Rosen, 1966; Ng and Lim, 1990).
Eggs are buoyant, rising to the surface of the nest column, where they
are vigorously guarded by one or both parents. Snakeheads in two
species complexes (C. gachua and C. orientalis) are mouthbrooders, with
the male being the mouthbrooder of fertilized eggs and, later, fry.
Most snakeheads, however, are not mouthbrooders, but one or both
parents guard their young vigorously; one species (C. micropeltes)
reportedly attacked and in some instances killed humans who approached
the mass of young (Kottelat, 1993). Thus, parental care, whether by
mouthbrooding or guarding, is a behavioral characteristic of
snakeheads. Successful spawning in the absence of vegetation has also
been reported for three species of snakeheads (Parameswaran and
Murgesan (1976b).
Fecundity and Early Development
There is limited information on fecundity (capacity to produce
offspring) except for those snakeheads of commercial importance.
Nevertheless, that information shows a pattern that likely applies to
the entire family Channidae. Smaller species, such as Channa gachua and
C. orientalis, produce few oocytes or unfertilized ``eggs'' (about 20
when sexual maturity is first reached and later up to 200; Lee and Ng,
1991, 1994). Both are considered to be ``species complexes'' and one or
both ``species'' contain mouthbrooding adults; low fecundity is a
general rule among mouthbrooding fishes (Breder and Rosen, 1966).
Fecundity increases greatly in larger snakehead species and appears to
follow increasing body length. For example, Quayyum and Quasim (1962)
recorded fecundity ranging from 2,300--26,000 oocytes for C. striata,
increasing in number with increasing body length. The bullseye
snakehead, C. marulius, the largest species of snakehead, has been
reported to produce approximately 40,000 oocytes (Jhingran, 1984).
Frank (1970) reported that the northern snakehead, C. argus, produced
approximately 50,000 oocytes (Frank, 1970). Frank's data came from
Nikol'skiy (1956) who recorded fecundity of 22,000-51,000 in northern
snakehead from the Amur basin. Dukravets and Machulin (1978) gave
fecundity rates of 28,600 to a high of 115,000 for northern snakehead
(probably from Yangtze River stock) introduced to the Syr Dar'ya basin
of Turkmenistan/Uzbekistan. They also noted that, although the growth
of northern snakehead is slower than that reported for this species
from the Amur basin, growth rates from both stocks become equal once
sexual maturity is reached.
Oocytes, when released from the female parent, are small, ranging
from approximately 1 mm to slightly over 2 mm in diameter, depending on
species. Fertilization takes place by the male releasing milt (sperm)
on the oocytes (or eggs) as they emerge from the female. Eggs contain
an oil droplet within the yolk mass, which causes them to rise to the
surface. Development time to hatching varies with water temperature
and, to a lesser extent, with the species involved. For example,
hatching occurred in 54 hours at 16-26 deg.C and 30 hours at 28-
33 deg.C in Channa punctata (Khan, 1924). In the northern snakehead, C.
argus, eggs hatch in 28 hours at 31 deg.C, 45 hours at 25 deg.C, and
120 hours at 18 deg.C.
Early Life History
In general, newly hatched fry, depending on species, are about
3.0--3.5 mm in length. Following yolk absorption, snakehead fry begin
feeding on zooplankton. Fry typically remain together until they reach
early juvenile stage, guarded by one or both adults, or until they can
fend for themselves (Lee and Ng, 1994). Late juveniles of the giant
snakehead, Channa micropeltes, school and feed in packs (Lee and Ng,
1991). Although there are few reports of early life history except for
species of commercial importance, it appears that, as larval snakeheads
mature to early juvenile stages, the diet changes to small crustaceans
and insects, particularly insect larvae. Presence of phytoplankton,
plant material, and detritus in the digestive system of young
snakeheads, as well as adults, appears to occur from incidental
ingestion.
Respiration and Overland Migrations
Snakeheads are highly evolved airbreathing teleostean (bony)
fishes, and many are capable of overland migration by wriggling motions
(Lee and Ng, 1991; Berra, 2001). They possess suprabranchial (above the
gills) chambers for aerial respiration, and the ventral aorta is
divided into two
[[Page 48858]]
portions to permit bimodal (aquatic and aerial) respiration (Das and
Saxena, 1956; Graham, 1997). The suprabranchial chambers become
functional during the juvenile stage of growth (Graham, 1997),
following which some species of snakeheads are obligate (limited, bound
to a restricted environment) and others are facultative (optional,
ability to live under varied conditions) airbreathers. In Channa, the
chambers open into the pharynx through inhalent openings. The chamber
lining contains respiratory ``islets'' with vascular papillae. The
chambers can be filled with air or water. In addition, in C. striata,
there are also vascular structures in the mouth and pharynx that can be
utilized for respiration; these, however, can be retracted into
depressions to prevent damage when feeding (Munshi and Hughes, 1992).
Some channids, perhaps all, have a circadian rhythm in oxygen
uptake. Channa marulius, for example, showed a peak in oxygen uptake at
night. C. striata and C. gachua peaked in early night hours, and C.
punctata at dusk (Munshi and Hughes, 1992). Munshi and Hughes (1992)
attributed these rhythms to evolution in swamp ecosystems (i.e., the
rhythm is a property of the ecosystem).
It is unknown how many species of snakeheads are capable of
overland migrations, but several are known to do so. These migrations
from drying habitats in search of those with water are probably driven
by instinctive behavior. Overland migrations likely apply to those
species whose native range is subject to seasonal dry/wet (or
monsoonal) conditions (encompassing much of western to southeastern
Asia, where a majority of snakehead species exist).
Hypoxic Survival
Snakeheads are either obligate or facultative airbreathers.
Therefore, survival in hypoxic waters is not problematic to these
fishes. When prevented from access to the surface, adult snakeheads
will drown due to lack of oxygen (Day, 1868, Lee and Ng, 1991).
Moreover, snakeheads can remain out of water for considerable periods
of time as long as they remain moist. Some snakeheads, especially
Channa striata, can bury themselves in mud during times of drought
(Smith, 1965). They are known to secrete mucus that helps to reduce
desiccation and facilitates cutaneous breathing (Mittal and Banerji,
1975; Lee and Ng, 1991). Fishers in Thailand are aware of this habit
and, during drought periods, will slice into the mud until they locate
the fish (Smith, 1965).
For larger species of snakeheads such as Channa marulius, young are
facultative airbreathers and adults are obligate breathers (Wee, 1982),
but all species are airbreathers.
Life Span
No specific information on life span can be found in the
literature. Nevertheless, one species (C. marulius) is reported to
reach a total length of 1.8 meters in Maharashtra State, India (Talwar
and Jhingran, 1992), indicating a relatively long life span. Smaller
snakeheads, such as members of the C. gachua and C. orientalis species
complexes, may not live for more than a few years. Most larger
snakeheads are reported to reach sexual maturity in two years, after
which growth slows but fecundity increases with increasing size.
Feeding Habits
There are few studies of feeding habits of snakeheads. For those
species studied, following yolk-sac absorption, snakehead fry feed
mostly on zooplankton. As juveniles, they feed on insect larvae, small
crustaceans, and fry of other fishes (Munshi and Hughes, 1992). What is
universal in reports of adult feeding habits is that snakeheads are
predators with many species showing a preference for other fishes,
although they may also consume crustaceans, frogs, smaller reptiles,
and sometimes birds and small mammals. Under conditions of food
deprivation, snakeheads can become cannibalistic on their own young.
The piscivorous (fish-eating) nature of snakeheads has led to the use
of some species (C. striata and C. micropeltes in particular) to
control tilapia populations in aquaculture.
Associated Diseases and Parasites
Investigations of diseases and parasites of snakeheads concentrate
on those species of importance in aquaculture. Bykhovskaya-Pavlovskaya
et al. (1964) cited Channa argus as hosting 18 parasite species (Table
2). Two of the same parasites listed by Bykhovskaya-Pavlovskaya et al.
(1964) were reported from the digestive tracts of northern snakeheads
from Kyungpook Province, Korea, from 115 specimens collected between
1995 and 1997. The trematode Azygia hwangtsinyi was found in 47% of the
samples and the nematode Pingis sinensis in 73%.
Table 2.--Parasites of Northern Snakehead, Channa argus
[Adapted from Bykhovskaya-Pavolovskaya et al. (1964)]
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Parasite Group Host issues Other fishes affected
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Myxidium ophiocephali........ Myxosporidia...................... gall bladder, liver ducts.................
Zschokkella ophiocephalli.... Myxosporidia...................... kidney tubules............................
Neomyxobolus ophiocephalus... Myxosporidia...................... gill filaments............................
Mysosoma acuta............... Myxosporidia...................... gill filaments............................ crucian carp.
Myxobolus cheisini........... Myxosporidia...................... gill filaments............................
Henneguya zschokkei.......... Myxosporidia...................... gills, subcutaneous, musculature.......... salmonids (tubercle disease of
salmonids).
Henneguya ophiocephali....... Myxosporidia...................... gill arches, suprabranchial chambers......
Henneguya vovki.............. Myxosporidia...................... body cavity...............................
Thelohanellus catlae......... Myxosporidia...................... kidneys...................................
Gyrodactylus ophiocephali.... Monogenoidea...................... fins......................................
Polyonchobothrium Cestoidea......................... intestine.................................
ophiocephalina.
Cysticercus Gryporhynchus Cestoidea......................... gallbladder, intestine.................... cyprinids, perches.
cheilancristrotus.
Azygia hwangtsiui............ Trematoda......................... intestines................................
Clinostomum complanatum...... Trematoda......................... body cavity............................... perches.
Pingis sinensis.............. Nematoda.......................... intestine.................................
Paracanthocephalus curtus.... Acanthocephala.................... intestine................................. cyprinids, esocids, sleepers, bagrid
catfishes.
Paracanthocephalus Acanthocephala.................... intestine.................................
tenuirostris.
[[Page 48859]]
Lamproglena chinensis........ Copepoda.......................... gills.....................................
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Literature on parasites of snakeheads includes numerous
descriptions of new species, not detailed herein, but indicates that
most studies concentrate on cultured fishes such as Channa argus, C.
punctata, and C. striata. The potential threat of these parasites to
native North American fishes has yet to be examined.
A disease that received broad attention is epizootic ulcerative
syndrome (EUS) that causes high mortality in snakeheads, particularly
Channa striata and C. punctata under intensive culture. EUS involves
several pathogens, including motile aeromonad bacteria (eg., Aeromonas
hydrophila, A. caviae, Pseudomonas fluorescens; Prasad et al., 1998;
Qureshi et al., 1999), a fungus Aphanomyces invadans (considered a
primary pathogen; Mohan et al., 1999; Miles et al., 2001), and perhaps
a rhabdovirus (Kanchanakhan et al., 1999; Lio-Po et al., 2000). Another
bacterium, Aquaspirillum sp., has also been implicated in the disease
(Lio-Po et al., 1998). EUS may have originated in India in the 1980s,
but has since been found in Pakistan, Thailand, and the Philippines
with outbreaks reported from all these areas during the 1990s.
Snakeheads are not the only fishes affected by this disease. It is also
known to occur in airbreathing catfish (Clarias), the bagrid catfish
genus Mystus, two cyprinid genera (Cyprinus and Puntius), mastacembalid
eels (Mastacembalus), and the nandid genus Nandus in India (Mukherjee,
1998). In Thailand, it has been found in giant gourami (Osphronemus
gouramy) and climbing perch (Anabas testudineus) during an outbreak in
1996-1997 (Kanchanakhan et al., 1999).
History of introduction in the United States: Four species of
snakeheads (Channa argus, C. marulius, C. micropeltes, and C. striata)
have been recorded from open waters of the United States (California,
Florida, Hawaii, Maine, Maryland, Massachusetts, and Rhode Island), and
two have become established as reproducing populations. At least 13
States prohibit possession of live snakeheads (Alabama, California,
Colorado, Florida, Georgia, Idaho, Kentucky, Mississippi, Nevada,
Oregon, Texas, Utah, and Washington) and there has been illegal
activity, confiscations, citations issued, or investigations initiated
in six of those States within the past two years (Alabama, California,
Florida, Kentucky, Texas, and Washington).
Florida
An established population of the bullseye snakehead, Channa
marulius, was discovered in residential lakes and adjoining canals in
Tamarac, Broward County, Florida, in 2001 (Florida Fish and Wildlife
Conservation Commission, 2001). It is unknown how long this species has
occupied these waters, perhaps several years, but both juveniles and
adults have been collected, which indicates reproductive success. This
species is the largest of snakeheads, with adults commonly reaching
lengths of 120-122 cm (Talwar and Jhingran, 1992). It has been reported
that in Maharashtra State, India, it can reach a length of 1.8 m and a
weight of 30 kg (Talwar and Jhingran, 1992). A length of 30 cm can be
reached in one year (Talwar and Jhingran, 1992). The pathway of the
introduction to Florida is unknown. The species may have escaped from a
fish farm (although there are none known in Tamarac), been purposefully
introduced to establish a food or aquarium fish resource, or they may
have been introduced by aquarists. Tamarac is located just east of
Water Conservation Area II, north of Everglades National Park, and
interconnected canal systems lead into this area. Nevertheless, there
are water control structures on canals leading into Water Conservation
Area II that would have to be open to allow this snakehead access to
that area. It is likely that C. marulius will expand its range in
peninsular Florida as its native range includes tropical to temperate
climates. The bullseye snakehead is considered predacious (Jhingran,
1984; Talwar and Jhingran, 1992), especially on other fishes (Schmidt,
2001).
The northern snakehead, Channa argus, is also reported from Florida
waters. Two individuals were caught in the St. Johns River below Lake
Harney, Seminole and Volusia counties, in 2000. Unconfirmed reports
indicate three additional individuals having been caught nearby. An
attempt to collect additional specimens by U.S. Geological Survey
personnel by electroshocking was unsuccessful, but will be repeated in
2002. Until reproduction has been confirmed, the species is considered
present but not established. This species is not involved in the
aquarium fish trade, but is sold in live food fish markets as a food
fish. The most likely pathway is introduction of live food fish,
perhaps to establish a local source. The northern snakehead is sold in
live food fish markets and some restaurants in Boston and New York,
where snakeheads are legal. Live C. argus were confiscated in
Washington (100 individuals, alive on ice, destined for the
international district of Seattle), a market in Houston, Texas (Howells
et al., 2002), markets in Miami and Plantation, southeastern Florida,
in 2001, and in Orlando, Florida, in March 2002, all indications of the
availability of this species in States where possession is illegal.
Moreover, a few U.S. aquarium fish retailers sell snakeheads via the
Internet. USGS scientists purchased three species from a reputable
dealer in Rhode Island, who first requested a copy of the State permit
that allowed USGS to possess the fish in Florida. Private purchases can
also be made through several Internet ``chat rooms'' where possession
of permits is not discussed.
California
California Department of Fish and Game personnel collected a
snakehead while electrofishing in a reservoir, Silverwood Lake, in
1997. Silverwood Lake is in the Mohave River drainage, east-northeast
of Los Angeles and north of San Bernardino in the San Bernardino
Mountains. The specimen was subsequently frozen and later discarded
(Camm Swift, pers. comm.). It was identified as Channa argus (John
Sunada, pers. comm. to W.R. Courtenay, Jr.). It is believed that the
fish got in the lake from the California Aqueduct that runs from the
San Joaquin River south of Stockton into Lake Silverwood, one of
several reservoirs that serves Los Angeles.
Hawaii
The chevron snakehead, (Channa striata) has been established on
Oahu, Hawaii, since the late 1800s and was introduced from southern
China (Herre, 1924). For whatever reasons, it does not appear to have
been introduced to other
[[Page 48860]]
waters of Hawaii and is confined to reservoirs on Oahu (Maciolek,
1984). In addition, the species is now being cultured as a food fish on
Oahu. This species is regarded as carnivorous with a preference for
other fishes (Moshin and Ambak, 1983; Conlu, 1986). Lee and Ng (1991)
described it as a territorial ambush feeder. It is also used to control
tilapia populations in the Philippines (Conlu, 1986).
Maryland
Two adults and eight juveniles of Channa argus were found in a pond
in Crofton, Anne Arundel County, Maryland in late June and early July
2002. The adults are known to have over-wintered in the pond. The fish
were purchased from a live food fish market in New York City,
transported to Maryland, and kept in an aquarium, and two fish were
released into the pond in 2000. This species appears to be the most
common snakehead available in food markets and restaurants as a live
food fish.
New England States
A specimen of the northern snakehead, Channa argus, was collected
in October 2001 from Newton Pond, Sudbury, Worcester County,
Massachusetts, by Massachusetts Department of Fish and Wildlife
personnel. The likely source is from live food fish markets. It is
capable of establishment in most fresh waters of the United States.
Okada (1960) reported adults as voracious feeders, particularly on
other fishes.
Specimens of the giant snakehead, Channa micropeltes, have been
collected from open waters in Maine, Massachusetts, and Rhode Island
(Courtenay et al, 1984; Fuller et al., 1999). This tropical/subtropical
species could not become established in those temperate waters.
Juveniles of the species are cardinal red with two dark stripes on
either side of the body, and sold by aquarium fish retailers as red or
redline snakeheads. Aquarist-oriented web sites note that this species
requires much animal food and that growth is rapid. These sites often
advise that, once these fish reach approximately 15-20 cm in length, no
more than one individual should be kept in a single aquarium because
they are aggressive predators. The pathway into these New England
States was likely aquarists who released their ``pets'' when they grew
too large for their aquaria and/or because it was too costly to feed
them. Releases of this species into subtropical waters in southern
Florida or Hawaii could lead to establishment of this snakehead,
regarded as the most predaceous channid and known to have attacked
humans (Ng and Lim, 1990; Lee and Ng, 1991; Kottelat et al., 1993).
Uses
According to U.S. Fish and Wildlife Service Law Enforcement data,
16,554 individuals or 20,527 kilograms of all species of snakeheads
were imported into the United States between 1997 and 2000 at a
declared value of $85,425 (records of imports report numbers of
individual fish OR weight in kilograms). Importations of snakeheads
into the contiguous United States do not appear to represent a
significant portion of live fish imports at present. However, from the
raw data, it is clear that the trend has been upward in recent years.
Snakeheads have been imported into the United States for two
purposes: As aquarium fish and for use as food. In Southeast Asia,
particularly in Thailand and Malaysia, and to a lesser extent in Japan,
there are developing recreational fisheries for the larger snakehead
species (see http://www.fishingasia.com as an example).
Several species of snakeheads are listed on aquarium fish websites.
Some of these entries are for information purposes and a few others
list fish for sale. The most popular species are, in order of
importance and availability: Channa micropeltes, juveniles sold as red
or redline snakehead; C. marulius, juveniles sold as cobra snakehead;
C. bleheri, sold as rainbow snakehead; C. barca sold as barca or tiger
snakehead; C. gachua sold under a variety of names; and Parachanna
africana, juveniles sold as African snakehead. Some are cultured and
others are captured from the wild. Rarely does one see listings for C.
asiatica, C. orientalis, C. pleuropthalma, C. punctata, or C.
stewartii. This is somewhat surprising because several are attractive
aquarium fishes, and they can be purchased from dealers in southeast
Asia via the Internet. Channa bleheri, C. gachua, and C. orientalis are
small snakeheads, unlike C. micropeltes and C. marulius that grow
quickly to large sizes. All but the smallest snakeheads are unsuitable
for community tanks, and even they may kill other fishes in aquaria.
Larger snakeheads require very large aquaria and must be kept alone.
The number of aquarium hobbyists interested in keeping snakeheads
appears to be small, and snakeheads represent a minor component in the
aquarium fish industry (Marshall Myers, pers. comm. to J.D. Williams).
Conversely, use of snakeheads as food fishes is growing in the
United States (Table 3). Live snakeheads of the larger species can be
purchased in live food fish markets and in some restaurants in States
where these fishes are not prohibited, but they are also appearing in
markets in States where possession is prohibited (Howells et al.,
2002). Some restaurants display live snakeheads in aquaria, a common
practice where these fishes are native, allowing customers to choose a
fish to be prepared for a meal. This is reminiscent of many U.S.
seafood restaurants where one can select a lobster to be cooked from an
aquarium.
During FY 1999, the USDA Small Business Innovation Research Program
funded a Phase II project to the Hawaii Fish Company of Waialua,
Hawaii, to develop commercial culture of the chevron snakehead, Channa
striata. It is now being cultured in Hawaii as a food fish.
Table 3.--Species of the Family Channidae Currently Known To Be Cultured
for Food and/or Aquarium Fish Trade
------------------------------------------------------------------------
-------------------------------------------------------------------------
Channa argus **
Channa maculatus
Channa marulius
Channa micropeltes ***
Channa punctata
Channa striata *
Parachanna africana
Parachanna obscura
------------------------------------------------------------------------
* Species most widely cultured for food. Also being cultured in Hawaii.
** Second most important species cultured for food.
*** Appears to be the most important species cultured for the aquarium
fish trade.
Although several snakehead species may be found for sale alive in
live food fish markets, the most available species is the northern
snakehead, Channa argus. It is being sold in Boston and New York City,
where snakeheads are legal. Through confiscation by State fish and game
personnel in 2001, it has also been found in the live food fish trade
of three States (Florida, Texas, and Washington) where possession of
snakeheads is prohibited. The northern snakehead is able to tolerate a
considerable temperature range, from warm temperate to boreal climates,
where this species can live under ice. Additionally, its airbreathing
capabilities enhance its transport and marketing. Marketing and
customer preferences, however, are not synonymous. For example, persons
of southeastern Asian descent prefer chevron snakehead, C. striata,
above any other species. It is currently being cultured in much of
southeastern Asia, the Philippines, and Hawaii.
[[Page 48861]]
Potential Range
Temperature is the most important environmental factor that would
determine potential range of snakeheads in the United States. Because
there are few data providing thermal tolerance ranges for snakeheads,
potential range must be inferred from distribution within native
ranges. The family Channidae contains nine species that are strictly
tropical, and if introduced, would survive in the warmest waters such
as extreme southern Florida, perhaps parts of southern California,
Hawaii, and certain thermal spring systems and their outflows in the
American west. Another four can be considered tropical to subtropical,
indicating a similar potential range of distribution as for tropical
species but with a greater likelihood of survival during cold winters
and more northward limits. One is subtropical. Another 12 (4 of which
appear to be species complexes) snakeheads can tolerate tropical or
subtropical to warm temperate conditions, indicative of species that
could survive in most southern States. One is warm temperate, and
another warm temperate to cold temperate (Channa argus with a
temperature range of 0->30 deg. C).
In summary, there are few waters in the United States or
territories of the United States that, based on temperature, would
preclude some member(s) of the family Channidae from becoming
established.
Need for Proposed Rule--Environmental Consequences
Factors That Contribute to Injuriousness
The likelihood of release or escape of snakeheads is high. One
species, Channa striata, was released and became established in waters
of Oahu, Hawaii, before 1900. It was likely introduced as a food fish.
A second species, Channa marulius, is a recent introduction to
southeastern Florida (Broward County) and has also become established.
The pathway for this introduction was release of either food or
aquarium fish. Two specimens of Channa argus were caught in the St.
Johns River near Sanford, Florida, and three more were alleged to have
been caught at or near the same location. This species is available
only through live food fish markets. The same species was captured from
a pond in central Massachusetts in October 2001. The snakehead captured
in Lake Silverwood, California, was also C. argus. Two adults and eight
juveniles of C. argus were collected from a pond in Crofton, Maryland,
in June and July 2002. Individual specimens of Channa micropeltes were
caught in Maine, Massachusetts, and Rhode Island in past years, the
source of which were most likely aquarium fish releases. Those New
England States are temperate and could not support establishment of
this tropical/subtropical snakehead.
Escape from culture has resulted in establishment of other
nonindigenous fishes. If, however, these fish are being shipped to
markets in other States, release of live food fish becomes a viable
pathway for introduction of this species and they could become
established from Florida to or above the U.S.-Canadian border and in
many territories of the United States.
If snakeheads escaped, or were released into the wild, the
likelihood that they would survive and/or become established with or
without reproduction is dependent upon the species of snakehead
involved and the location of the release. Waters of southern Florida,
Hawaii, the Caribbean territories, and certain thermal springs in the
western United States are suitable for survival and establishment of
probably all tropical/subtropical to warm temperate snakehead species.
That Channa striata has been established for over a century in Hawaii
and, more recently, C. marulius has become established as a reproducing
population in southeastern Florida is indicative of the likelihood of
survival and potential for establishment of snakehead fishes. Although
C. striata is largely confined to reservoirs on Oahu, C. marulius has
ample opportunity to expand its range in southeastern Florida through
the large network of interconnected canals and Water Conservation Areas
to the west of the metropolitan areas. The native range of this species
extends above 30 deg. N.
The availability of Channa argus in live food fish markets raises
the probability that this species will be released into open water.
Moreover, its native range extends from the Yangtze basin in central
China northward into the Amur basin and some of its northern
tributaries. Its lower thermal limit is 0 deg. C. That two documented
specimens were captured by angling from the St. Johns River near
Sanford, Florida, and another taken by electrofishing in a pond in
central Massachusetts is evidence that this fish is being released.
The likelihood and magnitude of spread would be high for all
species within their thermal limits. Both the northern snakehead,
Channa argus, and, to a somewhat lesser extent, the blotched snakehead,
C. maculata, expanded their ranges of distribution from sites of
initial introduction in Japan. Since introduction of the northern
snakehead into the Aral Sea basin in the 1960s, there has been a
dramatic range expansion in waters of Kazakhstan, Turkmenistan, and
Uzbekistan. Range expansion also occurred in the Philippines following
introduction of the chevron snakehead, C. striata. As discussed above
in the Biology section, there are few waters in the United States or
territories of the United States that, based on temperature, would
preclude some member(s) of the family Channidae from becoming
established.
At all life stages, snakeheads will compete for food with native
species. As discussed above in the Biology section, snakehead fry feed
on zooplankton; juveniles feed on insect larvae, small crustaceans, and
fry of other fishes; and adults are predators, feeding on other fishes,
crustaceans, frogs, smaller reptiles (snakes, lizards), and sometimes
birds (particularly young waterfowl) and mammals. Through predation,
ecosystem balance could be modified drastically should snakeheads
become established in waters with low diversity of native fishes and
low abundance or absence of native predatory species.
While the potential for snakeheads to transfer pathogens to native
wildlife is largely unknown, all snakehead species examined are host to
at least several species of parasites. At least two snakehead species,
Channa punctata and C. striata, are susceptible to epizootic ulcerative
syndrome (EUS), a disease believed to be caused by several species of
bacteria, a fungus, and perhaps a retrovirus, under intensive culture
conditions. EUS is not specific to snakeheads and has affected other
fishes, such as clariid catfishes, bagrid catfishes, two cyprinid
genera, mastacembalid eels, and a nandid fish in India; in Thailand, it
has been found in giant gourami and climbing perch. There have been no
studies undertaken to examine transfer of parasites or diseases to
native North American fishes.
Due to the highly predatory nature of snakeheads, the likelihood
and magnitude of effect on threatened and endangered species is high.
Of all the taxa listed as endangered or threatened in U.S. aquatic
habitats, 16 amphibians, 115 fishes, and 5 of the 21 crustaceans (the
surface-dwelling crayfish and shrimp) would be the most likely to be
affected. Based on habitat requirements and life history, fishes are
more likely to be affected by introduced snakeheads than amphibians and
the surface-dwelling crustaceans. Nonetheless, the possibility of an
additional nonindigenous predator in the aquatic
[[Page 48862]]
community with any listed amphibian or crustacean would constitute a
threat.
In the western United States, habitat requirements of listed fishes
range from steep-gradient, coldwater mountain streams, lower-gradient
large desert rivers, to thermal (warm) springs in desert areas. Eastern
fishes likewise occupy a variety of habitats, including springs,
creeks, large rivers, and the Great Lakes. One or more species of
snakeheads would be capable of living in any of the above habitats.
Since all snakehead species prey on fish, to a greater or lesser
extent, all of the fishes listed as endangered or threatened would be
vulnerable to predation at some stage in their life history. The degree
of threat would vary from extremely high for any species of snakeheads
introduced in relatively small, isolated habitats, such as desert
thermal springs and their outflows in the American southwest, to
somewhat less in steep-gradient coldwater mountain streams. Based on
the food habits and habitat preferences of snakeheads, it is likely to
invade the habitat, feed on, and further threaten Federally listed
freshwater fishes. Snakeheads are likely to also further threaten
numerous other potential candidates for Federal protection.
The likelihood that one or more species may be placed in danger of
extinction or become endangered within the foreseeable future as a
result of introduction/establishment is high. The introduction of a
small number of individuals (5) into isolated spring habitats could
result in the extinction of endemic spring-adapted fishes or
crustaceans. The snakeheads would not have to establish a reproducing
population to reduce or eliminate a fish or crustacean species confined
to a small section of a stream or isolated spring habitat. A small
number of snakeheads introduced, but not established, in a stream or
lake would likely have less of an impact. However, any snakehead that
becomes established in a water body would represent a significant
threat and could potentially put any listed amphibian, fish, or
crustacean at risk of extinction.
The likelihood and magnitude of ancillary wildlife resource damage
due to control measures is high. Chemical control using rotenone or
other similar toxins would likely be damaging to non-target organisms.
Only one species of snakehead, Channa micropeltes, a tropical/
subtropical species, is reported to have attacked human beings. There
have been reports of human deaths as a result. All such incidents
apparently happened when humans approached a nest or group of young,
and attacks were perpetrated by guarding adults. Therefore, the
likelihood and magnitude of direct impacts on human beings is low.
Factors That Reduce or Remove Injuriousness
The ability and effectiveness of measures to prevent escape or
establishment of snakeheads are low. As discussed above, the pathways
for introduction include intentional and unintentional releases from
the live food fish trade and aquarists. All but the smallest snakeheads
are unsuitable for community tanks, and even they may kill other fishes
in aquaria. Some outgrow their tanks, and the tendency of aquarium
hobbyists has been to release fish into open waters rather than killing
a pet (Courtenay and Hensley, 1980; Courtenay and Stauffer, 1991;
Courtenay and Williams, 1992; Courtenay, 1993; OTA, 1993). The
availability of live snakeheads increases the probability of
introductions to create localized sources of live fish for live food
fish markets and probably encourages some entrepreneurs to consider
culturing these species within the continental United States.
Additionally, the likelihood of individuals traveling relatively short
distances over land or being swept into other water bodies by flooding
is high.
The ability to eradicate or control snakehead populations depends
on where they are found. If established in large lakes or river
systems, eradication and/or control is expected to be nearly
impossible, and they would likely become permanent members of the fish
community. Control in smaller water bodies depends upon the amount of
vegetation, the accessibility to the water body, and the effectiveness
of the control methods. When a population is discovered, it is
typically too late for removal unless the population is isolated.
Additionally, controlling the spread of pathogens once they have been
introduced in the wild is practically impossible.
There is no known method of removing all snakeheads following
introduction. Piscicides work by preventing fish from removing oxygen
from the water. Chemical control using rotenone and similar toxins
would likely be ineffective to airbreathing snakeheads and damaging to
nontarget organisms except in closed situations. Electrofishing and
netting may provide some level of control of snakehead populations;
however, eradication using these methods would be too selective on size
classes to remove a population of snakeheads.
Since effective measures to eradicate, manage, or control the
spread of snakeheads once they are established are not currently
available, the ability to rehabilitate or recover ecosystems disturbed
by the species is low. Significant risks associated with snakehead
release relate to endangerment and extinction of native amphibians,
fishes, and crustaceans. Re-establishment of extirpated populations, if
biologically possible, would be labor and cost intensive and would
depend on eradication of snakeheads within those habitats.
Because snakeheads are likely to escape or be released into the
wild; are likely to survive or become established if they escape or are
released; are likely to spread since there are no known limiting
factors; are likely to compete with native species for food; may
transmit parasites to native species; are likely to feed on native
species, which will negatively affect native fishes, amphibians,
crustaceans, birds, small reptiles, and small mammals; and because it
will be difficult to prevent, eradicate, manage, or control the spread
of snakeheads; and because it will be difficult to rehabilitate or
recover ecosystems disturbed by the species, the Service finds
snakeheads to be injurious to the wildlife and wildlife resources of
the United States.
Required Determinations
Paperwork Reduction Act
Currently we have approval from OMB to collect information under
OMB control number 1018-0092. This approval expires July 31, 2004. We
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless we display a currently valid OMB
control number.
Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, the
Office of Management and Budget has determined that this rule is not a
significant regulatory action.
(a) This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, jobs, the
environment, or other units of the government. A cost-benefit and
economic analysis is not required.
The net economic effect of prohibiting the importation of
snakeheads is difficult to determine because of the minimal amount of
data available for a relatively new species to the import trade. There
is a trade-off between damage avoided by not letting snakeheads get
into U.S. water bodies
[[Page 48863]]
and the economic benefits received by fish markets and aquarium owners
who want to own the species. Since only $85,000 worth of snakeheads
were imported during the four-year period between 1997 and 2000, and
the potential damage that could be done by snakeheads if they get into
U.S. waters would be in the millions of dollars from the loss of native
species, including threatened and endangered species, this rule will
have a net positive benefit. The dollar amount of imported value is not
the net economic value of this fish, but the relatively small amount of
imported value compared to environmental damage avoided by prohibiting
these species is convincing that this rule will not have a major
negative economic effect.
(b) This rule will not create inconsistencies with other agencies.
This rule pertains only to regulations promulgated by the Fish and
Wildlife Service under the Lacey Act. No other agencies are involved in
these regulations.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights or obligations of their recipients.
This rule does not affect entitlement programs. This rule is aimed at
regulating the importation and movement of non-indigenous species that
have the potential to cause significant economic and other impacts on
natural resources.
(d) This rule does not raise novel legal or policy issues. No
previous listings of wildlife as injurious have raised legal or policy
concerns.
Regulatory Flexibility Act and SBREFA
This rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility
Analysis is not required. Accordingly, a Small Entity Compliance Guide
is not required. The rule is not a major rule under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. This rule will
not have an annual effect on the economy of $100 million or more, and
does not have significant adverse effects on competition, employment,
investment productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
No individual small industry within the United States will be
significantly affected if snakehead importation and interstate
transport are prohibited. Live food fish markets, restaurants, and
aquarium hobbyists are the entities most likely to be affected by this
rule. The number of aquarium hobbyists interested in keeping snakeheads
appears to be small, and snakeheads represent a minor component in the
aquarium fish industry (Marshall Myers, pers. comm.. to J.D. Williams).
With only 16,554 individual snakeheads imported over four years and
most of these going to restaurants for human consumption, the number of
entities engaging in selling and buying these fish is very small. There
is no recreational fishery for these species. The number of entities
involved in the trade of these species is not known, but it is assumed
to be very small because of the small number of these fish imported.
This rulemaking will have the indirect effect of protecting native
fishes, amphibians, and crustaceans from the intentional or accidental
introduction of snakeheads into U.S. water bodies. The snakeheads would
likely devastate many native wildlife populations if introduced into a
waterway. It is very unlikely that this rulemaking will affect a
substantial number of small entities and those entities affected will
not be significantly affected because of the very small numbers of
these fish imported. This rulemaking, by protecting the environment
from the spread of a nonnative species that would devastate native
fishes, amphibians, and crustaceans, will indirectly work to sustain
the economic benefits enjoyed by numerous small establishments engaged
in the recreational fishing industry, among others.
This rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rulemaking will not affect costs
or prices for any fish species other than snakeheads. If the species
are found injurious, and importation and interstate movement are
banned, the maximum loss would be approximately $22,000 per year to the
few entities that deal in these species.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), the rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. The
Service has determined and certifies pursuant to the Unfunded Mandates
Reform Act that this rulemaking will not impose a cost of $100 million
or more in any given year on local or State governments or private
entities; will not produce a Federal mandate of $100 million or greater
in any year and therefore, is not a ``significant regulatory action''.
Takings
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required. This rule will not impose significant requirements or
limitations on private property use.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. This rule will not have substantial direct effects on States,
in the relationship between the Federal Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, we determine that this rule does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Executive Order. The proposed rule has been reviewed to
eliminate drafting errors and ambiguity, was written to minimize
litigation, provides a clear legal standard for affected conduct rather
than a general standard, and promotes simplification and burden
reduction.
NEPA
We have reviewed this rule in accordance with the criteria of the
National Environmental Policy Act and our Departmental Manual in 516
DM. This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. An environmental impact
statement/assessment is not required. The action is categorically
excluded under the Department's NEPA procedures (516 DM 2, Appendix
1.10), which apply to policies, directives, regulations, and guidelines
of an administrative, legal, technical, or procedural nature; or the
environmental effects of which are too broad, speculative, or
conjectural to lend themselves to meaningful analysis and will be
subject later to the NEPA process, either collectively or on a case-by-
case basis.
Tribal Consultation
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
[[Page 48864]]
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated potential effects on Federally recognized Indian tribes
and have determined that there are no potential effects. This rule
involves the importation and interstate movement of live snakeheads.
Effects on Energy
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this proposal
is intended to prevent the accidental or intentional introduction of
snakeheads and the possible subsequent establishment of populations of
these fish in the wild, it is not a significant regulatory action under
Executive Order 12866 and is not expected to significantly affect
energy supplies, distribution, and use. Therefore, this action is a not
a significant energy action and no Statement of Energy Effects is
required.
This notice solicits economic, biological, or other information
concerning snakeheads of the family Channidae. The information will be
used to determine if this family of fishes is a threat, or potential
threat, to those interests of the United States delineated above, and
thus warrants addition to the list of injurious fish in 50 CFR 16.13.
Public Comments Solicited
Please send comments to Chief, Division of Environmental Quality,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Suite 322,
Arlington, VA 22030. Comments may be hand delivered or faxed to (703)
358-1800. If you submit comments by e-mail, please submit comments as
an ASCII file format and avoid the use of special characters and
encryption. Please include ``Attn: [RIN 1018-AI36]'' and your name and
return address in your e-mail message. Please note that this email
address will be closed at the termination of this 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 us for 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. Due to
the highly predatory nature of these fishes and the inability to
control them and therefore the need for rapid regulatory action, the
public comment period has been limited to 30 days.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand including answers to questions such as
the following: (1) Are the requirements in this rule clearly stated?
(2) Does the rule contain technical language or jargon that interferes
with the clarity? (3) Does the format of the rule (grouping and order
of sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Is the description of the rule in the SUPPLEMENTARY
INFORMATION section of the preamble helpful in understanding the rule?
What else could we do to make the rule easier to understand?
Send a copy of any written comments about how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240.
You may also e-mail comments to Exsec@ios.doi.gov.
References Cited
A complete list of all references cited in this rule is available
upon request from the Division of Environmental Quality (see FOR
FURTHER INFORMATION CONTACT section).
List of Subjects in 50 CFR Part 16
Fish, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
Accordingly, we propose to amend part 16, subchapter B, of Chapter
I, Title 50 of the Code of Federal Regulations as set forth below.
PART 16--[AMENDED]
1. The authority citation continues to read as follows:
Authority: 18 U.S.C. 42.
2. Amend Sec. 16.13 by revising paragraph (a)(2) to read as
follows:
Sec. 16.13 Importation of live or dead fish, mollusks, and
crustaceans, or their eggs.
(a) * * *
(2) The importation, transportation, or acquisition of any live
fish or viable eggs of the walking catfish, family Clariidae; live
mitten crabs, genus Eriochei, or their viable eggs; live mollusks,
veligers, or viable eggs of zebra mussels, genus Dreissena; and any
live fish or viable eggs of the snakehead, Family Channidae, is
prohibited except as provided under the terms and conditions set forth
in Sec. 16.22.
* * * * *
Dated: July 22, 2002.
Paul Hoffman,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-19016 Filed 7-25-02; 8:45 am]
BILLING CODE 4310-55-U