[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Notices]
[Pages 42639-42642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21368]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Development of Policy for the Use of Permits as Conservation
Tools; Request for Public Comment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Scoping notice.
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SUMMARY: The Fish and Wildlife Service is responsible for the
implementation of a number of wildlife laws and treaties, including the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES), Migratory Bird Treaty Act (MBTA), Lacey Act, Bald
and Golden Eagle Protection Act (BGEPA), Wild Bird Conservation Act
(WBCA), Endangered Species Act (ESA), and Marine Mammal Protection Act
(MMPA). Each of these laws and treaties provides for permits to be
issued for otherwise prohibited activities under specific
circumstances. We are reviewing our current permitting programs and
solicit information and comments from all interested parties on the
development of a policy that would approach permits as a conservation
tool and provide a more efficient permit process that is consistently
implemented Service-wide, with a focus on scientific research and
scientific and conservation institutions that meet certain standards.
We will publish any draft policy developed as a result of this review
in the Federal Register for public review and comment.
DATES: Send public comments on this notice by September 24, 1998. We
will consider any comments in developing a policy.
ADDRESSES: Send comments to the Chief, Office of Management Authority,
U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700,
Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Teiko Saito, Chief, Office of
Management Authority, at the above address, telephone (703) 358-2093,
extension 2; fax (703) 358-2280.
SUPPLEMENTARY INFORMATION:
Background
Permits are a means of regulating human activities that can have an
impact on populations of protected wildlife and plants, thereby
conserving them for future generations. Our goal in administering the
permits programs is to foster conservation of protected species and
their habitat, while imposing the least possible burden on the affected
public.
Current Service Permits Programs
All of our programs follow the General Permit Procedures in the
regulations at 50 CFR Part 13. These regulations lay the foundation for
the uniform processing of permit applications, including application
procedures, general information requirements, permit administration
(i.e., issuance, renewal, amendment, and appeal procedures), and
general permit conditions. In addition, we have permit regulations
specific to the implementation of each law or treaty. Any person
intending to conduct an activity that requires a permit must apply for
a permit in accordance with the General Permit Procedure regulations
and the specific regulations under the laws and treaties by which the
wildlife or plant is protected. If the species is listed under more
than one law or treaty, we will, to the extent practical, accept one
application and issue a single permit authorizing the activity. We
currently have four programs that issue wildlife permits, as briefly
summarized below.
Office of Management Authority (OMA)
OMA issues permits for the international movement of Federally
regulated animals and plants, interstate commerce or movement of exotic
species, and take of marine mammals under our jurisdiction. A number of
these permits involve multiple authorities (e.g., the import of an
Amazonian manatee would require permitting decisions under CITES, ESA,
and MMPA). OMA works closely with the Office of Scientific Authority,
who makes certain required scientific determinations. OMA coordinates
with other offices to add authorizations to use nondesignated ports and
to import or export MBTA-listed migratory birds that are also protected
under CITES and/or the ESA. Specifically, OMA processes applications
under the following laws and treaties:
Cites: CITES (50 CFR Part 23) is a treaty that protects many
species of animals and plants to ensure that commercial demand does not
threaten their survival in the wild. International shipments of CITES-
listed specimens, including captive-born wildlife, artificially
propagated plants, and pre-Convention and scientific exchange
specimens, must be accompanied by CITES documentation. The Division of
Law Enforcement also issues CITES permits for specific categories of
wildlife as outlined in the following section on Law Enforcement.
Lacey Act: The injurious wildlife regulations (50 CFR Part 16) were
promulgated under the Lacey Act to help prevent accidental or
intentional introduction to the United States and its territories of
any exotic species deemed injurious or potentially injurious to native
species and their habitats, to the health and welfare of human beings,
and to the interest of forestry, agriculture, and horticulture. OMA
issues permits for import, transport, and acquisition of listed exotic
species for zoological, educational, medical, or scientific purposes.
WBCA: Congress enacted the WBCA (implemented by regulations
codified at 50 CFR Part 15) to ensure that exotic bird species are not
harmed by international trade and to encourage wild bird conservation
programs in countries of origin. OMA issues import permits for
scientific research, zoological breeding or display, cooperative
breeding when part of an approved program, and personal pet purposes.
The WBCA also provides for the import of species that are placed on a
list approved by us based on certain criteria or from an approved
foreign captive-breeding facility or scientifically based management
plan for the species.
ESA: The ESA (implemented by regulations codified at 50 CFR Part
17) helps prevent the extinction of endangered and threatened animals
and plants by providing measures to protect those species and their
habitats. OMA issues permits for all regulated activities that involve
foreign species and for import, export, or foreign commerce that
involves native species. Endangered species staff in the Service's
Regional Offices issue permits for other activities affecting native
species as outlined
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below. We issue endangered species permits for scientific research and
enhancement of propagation or survival of species and threatened
species permits for these same activities as well as for zoological,
horticultural, or botanical exhibition, educational purposes, and
special purposes consistent with the purposes and policy of the ESA.
MMPA: The purposes of the MMPA (implemented by regulations codified
at 50 CFR Part 18) are to maintain marine mammal populations at, or
return them to, optimum sustainable population levels and to maintain
the ecosystems upon which these species depend. We have jurisdiction
for polar bears, sea otters, walrus, dugongs, marine otters, and
manatees. OMA issues permits for the take and import of marine mammals
for scientific research, public display, or enhancing the survival or
recovery of a species or stock; take of marine mammals in the course of
education or commercial photography; and the import of personal sport-
hunted trophies of polar bears taken in Canada. Permits are also
available for the permanent placement of beached and stranded marine
mammals that are determined to be non-releasable. Permission can be
granted for scientific research under a General Authorization.
Division of Law Enforcement
The Law Enforcement Offices (LE) in each of the seven Regional
Offices of the Service issue Import/Export licenses and Designated Port
Exception Permits. Under the authority of the ESA, any person who
engages in business as an importer or exporter of wildlife must acquire
an Import/Export License, with a few exceptions (see applicable
regulations at 50 CFR Part 14). These regulations also require that
wildlife be imported into or exported from the United States at a
designated port or at a nondesignated port only under certain
circumstances. Currently, we have designated 13 customs ports of entry
for wildlife shipments. LE issues Designated Port Exception Permits for
scientific purposes, to minimize deterioration or loss, or to alleviate
undue economic hardship.
LE staff also issue two categories of CITES permits at certain
regional offices and designated ports across the Nation. Such permits
authorize the re-export of specimens of CITES Appendix II and III
wildlife and the export of tagged skins for the following native
species that have approved State management programs: American
alligator, Alaskan brown bear, Alaskan gray wolf, bobcat, lynx, and
river otter.
Division of Endangered Species
The Regional Endangered Species Offices (TE) issue permits for
recovery actions, incidental take, and interstate commerce of native
endangered and threatened species listed under the ESA and coordinate
with our other offices when appropriate to address other applicable
statutes.
Recovery Permits are issued for a number of activities described
previously (e.g., scientific research, enhancement of propagation or
survival) when the proposed activity will benefit species conservation.
They are used as conservation tools to aid in conducting recovery
actions and are generally coordinated with species recovery plans or
outlines. Interstate Commerce Permits allow transport and sale of
listed species across State lines as part of recovery actions. For
example, this activity would be allowed as part of breeding programs
enhancing the survival or propagation of a species.
The Service published in the Federal Register a proposed rule for
Enhancement of Survival Permits on June 12, 1997. These permits are
part of voluntary cooperative programs, which includes Safe Harbor and
Candidate Conservation Agreements with Assurances developed by us for
the proactive management of non-Federal lands for the benefit of
species. We provide participating non-Federal property owners with
technical assistance in the development of these Agreements. Under Safe
Harbor Agreements, if the agreement provides a net conservation benefit
to the covered listed species and the property owner meets all the
terms of the Agreement, TE staff will authorize the incidental taking
of the covered listed species that enables the property owner to return
the enrolled property back to agreed upon baseline conditions. Under
Candidate Conservation Agreements, property owners voluntarily
undertake conservation measures to conserve species that are proposed
for listing, candidates for listing, or species that are likely to
become candidates or proposed in the near future.
Incidental Take Permits allow for the incidental take of listed,
proposed, and candidate species in the course of otherwise lawful, non-
Federal actions (e.g., private land development). In order for a permit
to be issued, the ESA requires the development of a Habitat
Conservation Plan that details anticipated incidental take, describes
the proposed activities that will conserve listed species, and outlines
how the effects on a listed species of the authorized project will be
minimized and mitigated. We use the HCP process to allow economic
development by private interests to proceed while promoting the
conservation of species and their ecosystems.
Office of Migratory Bird Management
The Migratory Bird Management Program (MB) issues permits at the
regional level for the take and possession of migratory birds and
eagles, and for the international movement of migratory birds. MB staff
issue these permits under the MBTA (50 CFR Part 21) and the BGEPA (50
CFR Part 22), which were passed to protect migratory bird populations
by prohibiting the take of birds, nests, and eggs, unless authorized by
regulation. Other offices in consultation with this program add the
MBTA authorization to permits issued for activities with migratory bird
species listed under CITES and/or the ESA.
MB issues permits under the MBTA for a variety of purposes. Permits
that authorize the direct take of birds from the wild include special
purpose, depredation, scientific collecting, falconry, and raptor
propagation. Bird banding permits, which also authorize the direct take
of migratory birds for temporary banding purposes, are issued by the
Bird Banding Laboratory, U.S. Geological Survey. Other permits issued
by the regional migratory bird programs (e.g., taxidermy, waterfowl
sale and disposal, and import or export) authorize only the acquisition
or disposition of previously acquired, wild or captive-bred migratory
birds.
Under the BGEPA, MB issues permits for similar, although fewer,
purposes. Permits issued under this Act can authorize the direct take
of eagles and nests from the wild for scientific and education
purposes, Indian religious purposes, and depredation. In addition,
permits can authorize the possession and transportation of golden
eagles for falconry purposes.
Permit Concerns
Recently, we established a Permits Work Group consisting of Service
staff under the direction of the Assistant Director for International
Affairs and including Service and Department of Interior staff to
review concerns about our permitting programs raised over the past
several years by scientific and conservation organizations and to make
recommendations on how to address the concerns. The concerns centered
on the need for a better approach to programmatic permitting and the
need to recognize scientific and conservation organizations conducting
work with protected species as partners in resource
[[Page 42641]]
conservation. These organizations believe that our current wildlife
permitting system serves as a disincentive to working with protected
species, and at times even impedes scientific investigation,
conservation, and endangered and threatened species recovery efforts.
Specific issues raised include the apparent fragmentation of the
current permits processes for CITES, endangered species, migratory
birds, and other regulated taxa; slow response time and delays in
permit issuance; regional inconsistencies in interpreting permit
issuance criteria; the public's unfamiliarity with the multitude and
complexity of the different permit application requirements and
issuance criteria used by different offices and programs; and the
perceived intimidation of permittees by permit processing and law
enforcement personnel.
Current Ongoing Improvements
We recognize the need to continuously improve the permit process
and have over the past few years undertaken a number of initiatives
designed to improve the programs and provide better customer service
while ensuring species conservation. These initiatives are in various
stages of development and implementation. We will be evaluating their
effectiveness over time. They include efforts to:
Make the Process More Efficient and User Friendly
A detailed review of permit application forms under the
OMB approval process was completed on January 31, 1998, resulting in
redesigned, simplified forms that are tailored, where possible, to a
particular type of activity or species.
Development of a new computer system, Servicewide Permit
Issuance and Tracking System (SPITS), to be online nationwide for
permit issuance July of this year and for species tracking by the end
of the year, which will allow for more efficient tracking and issuance
of permits and compilation of data on cumulative effects;
Better access to permit information through the
development of new fact sheets, a faxback system that allows
application forms to be ordered using a fax machine, and the internet
(our Homepage Web site--http://www.fws.gov).
Increase the number of ports designated for the import and
export of wildlife and the number of wildlife inspectors to clear
shipments, including an increase in inspectors at the Canadian and
Mexican border ports.
Ensure Consistent and Fair Implementation
Development of permit handbooks to assist in training and
ensure consistency in interpretation of laws and treaties and the
processing of permit applications.
Drafting of new policies and permit regulations.
Sharing of data and improved coordination between offices
within programs and between programs through SPITS.
Foster Partnerships for Wildlife Conservation
Increase outreach through conferences and meetings.
Use of program-based permits to expedite the issuance of
specific import or export permits for recovery activities.
Lessening of import and export requirements for accredited
scientific institutions by eliminating the requirement to obtain an
Import/Export License and allowing the use of U.S. Customs ports and
international mail for shipment of most scientific specimens.
Focus on Risk Management and Conservation
Development of SPITS to track and analyze cumulative
wildlife and plant data for species management.
Shifting of law enforcement wildlife inspectors to ports
with high numbers of shipments.
New Policy Development
Recognizing the need to make additional improvements, the Permits
Work Group has recommended the development of a policy that
acknowledges permits as a conservation tool and seeks to provide a more
efficient permit process that is consistently implemented Service-wide,
with a focus on scientific research and conservation activities by
institutions that meet certain standards. We see this as an opportunity
to continue to develop new approaches to permitting that foster
partnerships and provide incentives for greater involvement by
cooperating institutions in the conservation of protected wildlife. Any
new approach must incorporate conservation risk management to ensure
that our limited resources are directed toward those species considered
to be at the greatest conservation risk and that can benefit from our
enhanced attention. Among the approaches which we may consider, where
consistent with all of the laws and treaties discussed above, are:
Development of standardized criteria for scientific and
conservation institutions which seek to become our cooperators,
focussing on evaluation of their scientific and conservation expertise
and their past history of successfully implementing activities under
previous permits;
Development of standardized permit conditions for each
category of activity and species or related group of species to be
covered by permits;
Pre-approval of cooperating institutions to receive
permits from our designated issuing offices on a streamlined basis
under all authorities for which they qualify to carry out approved
conservation activities; and/or
Issuance of general permits to cooperating institutions
which would cover all appropriate authorities and conservation
activities for which they qualify.
Any of these new approaches we select for further consideration
would complement the ongoing initiatives discussed previously in this
notice, and we would implement it using the new capability for
standardization and efficiency of permits issuance provided by the
Servicewide Permits Issuance and Tracking System (SPITS).
Public Comments Solicited
We intend to complete the review and development of any necessary
new policy as quickly as possible. We invite interested organizations
and the public to comment on the need for a policy for wildlife permits
as a conservation tool and to suggest new approaches to permitting that
could make the process more efficient and user friendly; ensure
consistent and fair implementation; foster partnerships for wildlife
conservation; and focus on risk management and conservation of
protected animals and plants. Any suggested new approach needs to be
consistent with our basic statutory responsibilities for the
conservation of wildlife and plants; balance the benefits to the user
with the risks of potentially harmful activities affecting protected
species; and be capable of being applied in a consistent and fair
manner to all affected persons.
Required Determinations
This notice is merely a scoping document seeking public input on
the development of a policy that would approach permits as a
conservation tool and provide a more efficient permit process. It
complies with all applicable administrative requirements, and is not a
significant regulatory action subject to the Office of Management and
Budget review under Executive Order 12866.
Authority: The authority for this action is the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
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(27 U.S.T. 1087); Migratory Bird Treaty Act (16 U.S.C. 703-712);
Lacey Act (18 U.S.C. 42); Bald and Golden Eagle Protection Act (16
U.S.C. 668a); Wild Bird Conservation Act (16 U.S.C. 4901-4916);
Marine Mammal Protection Act (16 U.S.C. 1361 et seq.); and
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 31, 1998.
Jamie Rapport Clark,
Director.
[FR Doc. 98-21368 Filed 8-7-98; 8:45 am]
BILLING CODE 4310-55-P