Export of River Otters Taken in Missouri in the 1996-97 and Subsequent Seasons

DEPARTMENT OF THE INTERIOR

50 CFR Part 23

RIN 1018--AD63

Export of River Otters Taken in Missouri in the 1996-97 and

Subsequent Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Reopening of comment period on the proposed rule.

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SUMMARY: The purpose of this notice is to advise the public of the

availability of additional information that has been received and will

be considered prior to the Service's decision on issuance of the

Scientific Authority and Management Authority findings on the proposed

export of river otters harvested in the State of Missouri. The Service

may apply these findings to harvests of river otters in Missouri during

the 1996-97 season and subsequent seasons, subject to the conditions

applying to approved States.

DATES: The Service will consider comments received on or before October

28, 1996, in making its determination on the proposed rule.

ADDRESSES: Please send correspondence concerning the proposed rule to

the Office of Scientific Authority; U.S. Fish and Wildlife Service;

4401 North Fairfax Drive, Room 750; Arlington, Virginia 22203. Comments

and materials received will be available for public inspection by

appointment, from 8 a.m. to 4 p.m., Monday through Friday, at the

Arlington Square Building, 4401 North Fairfax Drive, Arlington,

Virginia.

FOR FURTHER INFORMATION CONTACT: Scientific Authority--Dr. Marshall A.

Howe, Office of Scientific Authority; phone 703-358-1708; fax 703-358-

2276.

Management Authority/State Export Programs--Ms. Carol Carson,

Office of Management Authority; U.S. Fish and Wildlife Service; 4401

North Fairfax Drive, Room 430; Arlington, Virginia 22203; phone 703-

358-2095; fax 703-358-2281.

SUPPLEMENTARY INFORMATION: The Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES) regulates

international trade in certain animal and plant species. Exports of

animals and plants listed in Appendix II of CITES require an export

permit from the country of origin. As a general rule, export permits

only are issued after two conditions are met. First, the exporting

country's CITES Scientific Authority must advise the permit-issuing

CITES Management Authority that such exports will not be detrimental to

the survival of the species. This advice is known as a ``no-detriment''

finding. Second, the Management Authority must make a determination

that the animals or plants were not obtained in violation of laws for

their protection. If live specimens are being exported, the Management

Authority must also determine that the specimens are being shipped in a

humane manner with minimal risk of injury or damage to health.

On January 5, 1984 (49 FR 590), the Service published a rule

granting export approval for river otters (Lontra canadensis) and

certain other CITES-listed species of furbearing mammals from specified

States and Indian Nations and Tribes for the 1983-84 and subsequent

harvest seasons. In succeeding years, approval for export of one or

more species of furbearers has been granted to other States and Indian

Nations, Tribes, or Reservations through the rule-making process. These

approvals were and continue to be subject to certain population

monitoring and export requirements. Further information on the CITES

requirements and the bases for the Service's Scientific Authority and

Management Authority findings, as well as a summary of the information

previously received from the State of Missouri, are presented in the

proposed rule published in the April 2, 1996, Federal Register (61 FR

14543).

Since the close of that proposed rule's comment period (on June 3,

1996), the Service has met with staff members of the Missouri

Department of Conservation and received several documents including:

(1) A graph showing the relationship between the number of licensed

trappers in Missouri and the price of raccoon pelts; (2) a report on

``Ownership and Use of Traps by Trappers in the United States in 1992''

prepared for the International Association of Fish and Wildlife

Agencies; (3) trapping regulations in Missouri for the 1996-97 season;

(4) a report titled ``Missouri Furbearer Update, Vol. III: 1990-91'';

(5) a summary of current research projects on river otters in Missouri;

and (6) a portion of Missouri's Conservation Commission charter, which,

among other things, stipulates that the Director of the Missouri

Department of Conservation is authorized to act for the Commission on

emergency matters, subject to ratification by the Commission at its

next regular meeting. This includes authority for emergency closure of

trapping seasons.

In addition, the Service requested updated population model

scenarios based on there being no harvest season for river otters in

Missouri during the 1995-96 season and using different

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mortality assumptions. Furthermore, discussions have been and are being

held with selected individuals concerning trapper behavior, and

information obtained on the percentage of individuals trapping beaver

in Missouri. The Service also is reviewing other published references

including ones on the impact of market dynamics on Missouri's furbearer

harvest system and on an examination of variables influencing the fur

harvest in Missouri.

In addition to the information regarding Missouri since the comment

period, the Service has received, will consider, and may rely upon

additional information contained in letters and documents submitted by

several States as part of the annual monitoring described in the

January 5, 1984, Federal Register (49 FR 590), including information

that was solicited in advance from the State of Tennessee.

Proposed Export Decision

As stated in the April 2, 1996, Federal Register (61 FR 14543), the

Service proposes to approve exports of Missouri river otters harvested

during the 1996-97 and subsequent harvest seasons, on the grounds that

both Scientific Authority and Management Authority criteria have been

satisfied. In case a decision is made to approve exports, the Service

may issue its Scientific Authority and Management Authority findings

for 1 or more years in an administrative decision document, or publish

such findings in a Federal Register notice.

Comments Solicited

The Service again requests comments on these proposed findings for

Missouri and the proposed rulemaking adding Missouri to the list of

States approved for export of river otters (61 FR 14543). The final

decision on the proposed rule will take into account comments received

and any additional information received. Such consideration may lead to

findings different from those presented in the proposal.

The reopened comment period on the proposed rule is issued under

authority of the Endangered Species Act of 1973 as amended (16 U.S.C.

1531 et seq.). The author of this notification is Dr. Charles W. Dane,

Office of Scientific Authority.

List of Subjects in 50 CFR Part 23

Endangered and threatened species, Exports, Imports, Treaties.

Dated: October 2, 1996.

John G. Rogers,

Acting Director, U.S. Fish and Wildlife Service.

[FR Doc. 96-25664 Filed 10-2-96; 3:48 pm]

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