Disposition of Surplus Range Animals

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 30

RIN 1018-AD75

Disposition of Surplus Range Animals

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) revises its

regulations pertaining to the disposition of surplus range animals. The

Service has determined that this is in line with its general policies

on Fenced Animal Management and Collections, Donations and Disposals as

outlined in the Service Manual. The Service has further determined that

this action is in accordance with the provisions of all applicable

laws, is consistent with principles of sound wildlife management, and

is otherwise in the public interest by allowing a broader population

base the opportunity to receive surplus animals which can be used for

research needs, other educational purposes, biological integrity of

herd management and, in some cases, subsistence. In addition, special

attention has been afforded to the Native American community in the

donation of bison for certain cultural and religious reasons.

DATES: This rule is effective May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, 703/358-2397.

SUPPLEMENTARY INFORMATION: The Service is revising and rewording 50 CFR

Part 30.2, Disposition of Surplus Range Animals, to allow a broader

range of circumstances under which unscheduled donations of surplus

animals may occur. The refuge manager is given the authority to

determine those ``exigent'' circumstances. The type of public

institution, agency, or government which could qualify as potential

recipients of animals is expanded. Donations may be made for specific

purposes which are listed in chapter 7, section 13 of the Refuge Manual

and include scientific educational purposes, propagation of new free-

ranging populations, augmentation of existing herds for genetic

purposes, public display exhibition, and food and food products.

Comments Received

Text in this final rule is somewhat different than that used in the

proposed rule because it reflects conformity to plain English writing

standards.

Because the Service is interested in the concerns of the public in

matters of its general management and operations, it requested comments

to the proposed rule during a 60 day period. The proposed rule was

published in the August 7, 1996, issue of the Federal Register (61 FR

41115-41116). Following this comment period, the Service reviewed and

considered all substantive comments before promulgating this final

rule.

A single letter of comment raised the following points:

1. The final rule should include strong involvement of state and

local governments and also support the economics of the areas involved.

These are public resources and should be managed for productivity and

sustainability; and

2. The surplus animals should only go to a government agency,

either Federal,

[[Page 19937]]

State, or local; to an approved zoo; or to an Indian tribe. Otherwise

they should be sold at auction and any money received applied to the

national debt.

In response to the first point, the Service works closely with

State and local governments when proposing and carrying out

modifications to its refuge management plans. This practice will

continue while disposing of surplus range animals. Likewise, the

Service recognizes the need to manage these resources for long-term

sustainability.

In response to the second point, the final rule provides for

donation for specific purposes to the entities referenced and open

market sales for other entities. Revenues from the sale of surplus

animals by law are not applied to the debt, but are required to be paid

to certain counties in accordance with a formula set by the Refuge

Revenue Sharing Act (16 U.S.C. 715s) after deducting expenses for

sales.

Paperwork Reduction Act

These final regulations have been examined under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3507(d)) and have been found to

contain no information collection requirements.

Economic Effects/Regulatory Flexibility Act Compliance

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. In addition, a review under the

Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed

that the rulemaking would not have a significant effect on a

substantial number of small entities, which include businesses,

organizations or governmental jurisdictions. This final rule would have

minimal effect on such entities because the regulation has not been

significantly changed, but the Service merely expanded it to allow a

broader range of agencies and institutions to qualify as recipients of

donated surplus animals. The number, age and sex of surplus and donated

animals varies from year to year. The number of animals donated reduces

the number of animals available for sale. In 1995, the Service had 378

bison and 139 longhorn cattle which the Service designated as surplus

animals. Of these, 322 bison (83%) were sold at auction and 56 bison

(17%) were donated. All cattle were sold at auction. Buyers primarily

purchase animals for breeding and herd augmentation. Animals unsuitable

for breeding or herd composition needs, such as old bulls, are

purchased for slaughter by meat packing firms. Total revenues from the

sales in 1995 were $418,434. Animals may be donated only for specific

purposes to qualified agencies or institutions. While the number of

donations will vary in any given year, the number of animals available

for purchase should not be significantly reduced.

Unfunded Mandates Act

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, (2 U.S.C. Sec. 1502 et seq.), 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.

Civil Justice Reform

The Department has determined that these final regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

Environmental Considerations

Pursuant to the requirements of the National Environmental Policy

Act of 1969 (42 U.S.C. Secs. 4321-4347), this action falls within a

categorical exclusion because it involves issuance of routine,

recurring, or special regulations (516 DM 6, Appendix 1.4.H).

Primary Author

Greg Weiler, Division of Refuges, U.S. Fish and Wildlife Service,

Washington, DC, is the primary author of this rulemaking document.

List of Subjects in 50 CFR Part 30

Animals, Range management, Wildlife refuges.

Accordingly, part 30 of Chapter 1 of Title 50 of the Code of

Federal Regulations is amended as set forth below:

PART 30--RANGE AND FERAL ANIMAL MANAGEMENT

1. The authority citation for part 30 is revised to read as

follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C.

715i, as amended; 41 CFR 101-44.

2. Section 30.2 is revised to read as follows:

Sec. 30.2 Disposition of surplus range animals.

Disposition shall be made only during regularly scheduled disposal

program periods, except in the event of exigent circumstances affecting

the animals, their range, or the recipient. The Refuge Manager is

responsible for determining the existence of ``exigent circumstances.''

Surplus range animals may be disposed of, subject to State and Federal

health laws and regulations, by donation for specific purposes to

public agencies, public institutions, other governments or charitable

institutions, or sold on the open market.

Dated: February 13, 1997.

Don Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-10628 Filed 4-23-97; 8:45 am]

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