Injurious Wildlife Species; Silver Carp (Hypophthalmichthys molitrix) and Largescale Silver Carp (Hypophthalmichthys harmandi)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018-AT29

Injurious Wildlife Species; Silver Carp (Hypophthalmichthys

molitrix) and Largescale Silver Carp (Hypophthalmichthys harmandi)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability of environmental

documents.

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SUMMARY: The U.S. Fish and Wildlife Service proposes to add all forms

(diploid and triploid) of live silver carp (Hypophthalmichthys

molitrix), gametes, eggs, and hybrids; and all forms (diploid and

triploid) of live largescale silver carp (Hypophthalmichthys harmandi),

gametes, eggs, and hybrids to the list of injurious fish, mollusks, and

crustaceans under the Lacey Act. This listing would have the effect of

prohibiting the importation and interstate transportation of any live

animal, gamete, viable egg, or hybrid of the silver carp and largescale

silver carp, without a permit in limited circumstances. The best

available information indicates that this action is necessary to

protect the interests of human beings, and wildlife and wildlife

resources, from the purposeful or accidental introduction and

subsequent establishment of silver carp and largescale silver carp

populations in ecosystems of the United States.

DATES: Comments must be submitted on or before November 6, 2006.

ADDRESSES: You may submit comments, identified by RIN number 1018-AT29,

by any of the following methods:

E-mail: [email protected]. Include ``RIN number 1018-

AT29'' in the subject line of the message. See the Public Comments

Solicited section below for file format and other information about

electronic filing.

Fax: (703) 358-1800.

Mail/Hand Delivery/Courier: Chief, Branch of Invasive

Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,

Suite 322, Arlington, VA 22203.

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments

ge. See the Public Comments

Solicited section below for file format and other information about

electronic filing.

Fax: (703) 358-1800.

Mail/Hand Delivery/Courier: Chief, Branch of Invasive

Species, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,

Suite 322, Arlington, VA 22203.

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Instructions: All submissions received must include the agency name

and Regulatory Information Number (RIN) for this rulemaking. For

detailed instructions on submitting comments and additional information

on the rulemaking process, see the ``Public Participation'' heading of

the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Erin Williams, Branch of Invasive

Species, at [email protected], or (703) 358-2034.

SUPPLEMENTARY INFORMATION:

Background

In October 2002, the U.S. Fish and Wildlife Service (Service)

received a petition signed by 25 members of Congress representing the

Great Lakes region to add bighead, silver, and black carp to the list

of injurious wildlife under the Lacey Act (18 U.S.C. 42). A follow-up

letter to the original petition had seven additional Legislator

signatures that support the petition. The Service published a Federal

Register notice of inquiry on silver carp (68 FR 43482-43483, July 23,

2003) and provided a 60-day public comment period. We received 31

comments in total, but 12 of these did not address the issues raised in

the notice of inquiry. We considered the information provided in the 19

relevant comments. Most of the comments supported the addition of

silver carp to the list of injurious wildlife. One commenter noted that

silver carp have no commercial value, but was concerned that listing

would hinder control and management. One commenter asked us to delay

listing until a risk assessment could be completed. Biological synopses

and risk assessments were compiled for silver and largescale silver

carp

the comments supported the addition of

silver carp to the list of injurious wildlife. One commenter noted that

silver carp have no commercial value, but was concerned that listing

would hinder control and management. One commenter asked us to delay

listing until a risk assessment could be completed. Biological synopses

and risk assessments were compiled for silver and largescale silver

carp.

Under the terms of the injurious wildlife provisions of the Lacey

Act, the Secretary of the Interior is authorized to prohibit the

importation and interstate transportation of species designated by the

Secretary as injurious. Injurious wildlife are defined as those species

and offspring and eggs that are injurious to wildlife and wildlife

resources, to human beings, and to the interests of forestry,

horticulture, or agriculture of the United States. Wild mammals, wild

birds, fish, mollusks, crustaceans, amphibians, and reptiles are the

only organisms that can be added to the injurious wildlife list.

Species listed as injurious (including their gametes or eggs) may

not be imported into the United States or transported between States,

the District of Columbia, the Commonwealth of Puerto Rico, or any

territory or possession of the United States by any means without a

permit issued by the Service. Permits may be granted for the

importation or transportation of

injurious wildlife and their offspring or eggs for bona fide

scientific, medical, educational, or zoological purposes. A listing

would not prohibit intrastate transport or possession of species within

States, where not prohibited by the State. Any regulation pertaining to

the use of species within States would continue to be the

responsibility of each State.

Public Participation

ortation of

injurious wildlife and their offspring or eggs for bona fide

scientific, medical, educational, or zoological purposes. A listing

would not prohibit intrastate transport or possession of species within

States, where not prohibited by the State. Any regulation pertaining to

the use of species within States would continue to be the

responsibility of each State.

Public Participation

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 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.

This proposed rule solicits economic, biological, or other

information on adding all forms of live silver and largescale silver

carp, and hybrids, to the list of injurious wildlife. The data will be

used to determine if these species are a threat, or potential threat,

to those interests of the United States delineated above, and thus

warrant addition to the list of injurious fish in 50 CFR 16.13.

We are soliciting public comments and supporting data, to gain

additional information, on this proposed rule to add all forms of live

silver and largescale silver carp, gametes, eggs, and hybrids, to the

list of injurious wildlife under the Lacey Act. We specifically seek

comment on the following questions:

eated above, and thus

warrant addition to the list of injurious fish in 50 CFR 16.13.

We are soliciting public comments and supporting data, to gain

additional information, on this proposed rule to add all forms of live

silver and largescale silver carp, gametes, eggs, and hybrids, to the

list of injurious wildlife under the Lacey Act. We specifically seek

comment on the following questions:

(1) What regulations does your State have pertaining to the use,

transport, and/or production of silver or largescale silver carp?

(2) How many silver carp are currently in culture or used to

control algae in ponds, in how many and which States? Please provide

the number of silver carp, if any, permitted within each State.

(3) What would it cost to eradicate silver carp or largescale

silver carp individuals and/or populations, or similar nonnative

populations, if found?

(4) What are the costs of implementing propagation, recovery, and

restoration programs for native fish or other native species? What

State-listed species would be impacted by the introduction of silver or

largescale silver carp?

(5) What is the economic value of commercial fisheries that have

been or could be impacted by silver or largescale silver carp?

(6) How many fishermen sell live silver carp?

(7) What are the annual sales and landings for live and/or dead

silver carp? What is the magnitude of the commercial market for live

silver carp, if any?

(8) What is the consumer surplus generated from fishing for native

fish or fishing-related expenditures such as food, lodging, and

equipment? What is the ex-vessel revenue from fishing for native fish

that are more valuable than silver carp?

7) What are the annual sales and landings for live and/or dead

silver carp? What is the magnitude of the commercial market for live

silver carp, if any?

(8) What is the consumer surplus generated from fishing for native

fish or fishing-related expenditures such as food, lodging, and

equipment? What is the ex-vessel revenue from fishing for native fish

that are more valuable than silver carp?

(9) What is the economic value of baitfish industries in each

State? How would the presence of wild silver carp affect baitfish

imports or exports within a State?

Description of the Proposed Rule

The regulations contained in 50 CFR part 16 implement the Lacey Act

as amended. Under the terms of that law, the Secretary of the Interior

is authorized to prohibit by regulation certain activities involving

wild mammals, wild birds, fish, mollusks, 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 to 16.15. By adding all forms of live silver carp and

largescale silver carp, gametes, eggs and hybrids to the list of

injurious wildlife, their importation into the United States, and

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 would be 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. Federal agencies

who wish to import silver or largescale silver carp for their own use

must file a written declaration with the District Director of Customs

and the U.S. Fish and Wildlife Service Inspector at the port of entry

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. Federal agencies

who wish to import silver or largescale silver carp for their own use

must file a written declaration with the District Director of Customs

and the U.S. Fish and Wildlife Service Inspector at the port of entry.

No live silver carp or largescale silver carp, progeny thereof, viable

eggs or hybrids imported or transported under a 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 U.S. Fish and Wildlife Service. The interstate transportation of

all forms of live silver carp or largescale silver carp, gametes,

viable eggs or hybrids currently held in the United States for any

purpose would be prohibited without a permit.

This action is being considered in order to protect the welfare and

survival of native wildlife and wildlife resources and the health and

welfare of human beings from the potential negative impacts of silver

carp and largescale silver carp by adding them to the list of injurious

wildlife and preventing their importation and interstate movement.

Each State can regulate the transportation and possession of silver

carp and largescale silver carp within its State boundaries, but States

are not able to prohibit the importation into the United States or the

interstate transportation of these species. If one State allows the use

of either species, and if either species is introduced to natural

waters that are connected to other States' waterbodies, the silver or

largescale silver carp could be introduced to a State that prohibits

their use or possession, potentially impacting that State's natural

resources

portation into the United States or the

interstate transportation of these species. If one State allows the use

of either species, and if either species is introduced to natural

waters that are connected to other States' waterbodies, the silver or

largescale silver carp could be introduced to a State that prohibits

their use or possession, potentially impacting that State's natural

resources. Many States are asking the Federal Government to prohibit

the importation and interstate transportation of silver carp and have

submitted letters of support for the addition of silver carp to the

list of injurious wildlife. They are concerned that interstate

transportation, through trucking accidents or exchange of hauling

water, could result in the introduction of silver carp into State

waters where they do not exist and are prohibited by State law. In

addition, they are concerned that if their importation into the United

States is still allowed, silver carp could become established in new

waterways where they do not currently exist through human movement. The

evaluation of injuriousness follows the biology and natural history

summary sections for each species.

Silver Carp

Biology and Natural History

The commonly named silver carp belongs to the family Cyprinidae,

with the species name of Hypophthalmichthys molitrix. The silver carp

is a deep-bodied fish with scale counts typically ranging from 85 to

108. Adult coloration is typically gray-

The

evaluation of injuriousness follows the biology and natural history

summary sections for each species.

Silver Carp

Biology and Natural History

The commonly named silver carp belongs to the family Cyprinidae,

with the species name of Hypophthalmichthys molitrix. The silver carp

is a deep-bodied fish with scale counts typically ranging from 85 to

108. Adult coloration is typically gray-

black along its top with upper sides olive-green that grade to silver

along its side and stomach. Fins are dark and without true spines.

Large adults can reach over 1.2 meters (m) in length and 50 kilograms

(kg) in weight. The gill rakers of silver carp are unique and form a

highly specialized filtering apparatus.

The silver carp is a freshwater species that can live in slightly

brackish waters. Silver carp occur naturally in a variety of freshwater

habitats including large rivers and warm water ponds, lakes, and

backwaters that receive flooding or are otherwise connected to large

rivers. They also have been introduced to ponds, lakes, reservoirs, and

canals where they grow well, but may not spawn and recruit without

access to an appropriate riverine habitat. Silver carp usually occupy

the upper and middle layers of the water column and are quite tolerant

of broad water temperatures: from 4 [deg]C to 40 [deg]C.

Silver carp can be distinguished from all native North American

cyprinids, except the golden shiner, by the presence of a well-

developed ventral keel. It can be distinguished from the golden shiner

in having very small scales (lateral line scales 85-108) compared to

the golden shiner (39-51). Silver carp have only four pharyngeal teeth

per side in a single row while the golden shiner has five on each side

in a single row.

Small silver carp may resemble shad (Dorosoma species). Of the nine

established nonindigenous cyprinids in the United States, the silver

carp is most similar to bighead carp

ng very small scales (lateral line scales 85-108) compared to

the golden shiner (39-51). Silver carp have only four pharyngeal teeth

per side in a single row while the golden shiner has five on each side

in a single row.

Small silver carp may resemble shad (Dorosoma species). Of the nine

established nonindigenous cyprinids in the United States, the silver

carp is most similar to bighead carp. The silver carp is also very

similar to largescale silver carp, a species which is not known to be

in the United States.

Though they are considered a deep water, schooling species, in the

Missouri River these fish generally stay between 1 and 5 m deep and are

rarely observed on the surface until disturbed. Once disturbed, silver

carp often swim rapidly near the surface creating a characteristic

large wake and regularly jump out of the water, particularly in

response to outboard motors.

Hybrids

Hybridization between closely related species of cyprinids (e.g.,

species of the genus Hypophthalmichthys) is not unusual. Silver carp

are known to hybridize and to produce viable offspring with both

bighead (Hypophthalmichthys nobilis) and largescale silver carps.

Hybrids of silver and bighead carps are often used in aquaculture in

other countries. Both crosses (bighead carp x silver carp and the

reciprocal cross) are fertile. Hybrids of bighead and silver carps

often strongly resemble one or the other of the parent species.

Bighead carp x silver carp are common in parts of the United States

and are likely to be the result of wild spawning, not escapement of

artificially induced hybrids because neither silver carp nor the

hybrids are known to be in use in aquaculture in the United States.

Five percent of the adult Hypophthalmichthys caught in the lower

Missouri River in 2004 were hybrids

r of the parent species.

Bighead carp x silver carp are common in parts of the United States

and are likely to be the result of wild spawning, not escapement of

artificially induced hybrids because neither silver carp nor the

hybrids are known to be in use in aquaculture in the United States.

Five percent of the adult Hypophthalmichthys caught in the lower

Missouri River in 2004 were hybrids. Hybridization between closely

related cyprinid fishes occurs most commonly where a species has been

introduced; hybridization between cyprinids typically occurs when

members of related species share similar spawning habitat, behavior,

and season because of the loss of environmental cues that inhibit

hybridization behavior. The presence of large numbers of wild-spawned

hybrids implies that bighead and silver carps often spawn in the same

place at the same time in United States waters. Although there has been

moderate success in artificially producing hybrids of

Hypophthalmichthys spp. and common carp (Cyprinus carpio), the spawning

locations and behaviors of the two genera are so different that

production of wild hybrids would be unlikely.

Habitat Use

Silver carp in the Missouri River occupy primarily low-velocity

water 1 to 5 m deep in all months of the year and use low-velocity

sections of Missouri River tributaries. Adult silver carp aggregate in

pool habitats to overwinter. Preliminary research indicates that silver

carp in the Missouri River are active in winter, with activity slowing

at less than 4 [deg]C and little movement occurring at temperatures

below 2 [deg]C. Silver carp used tributaries to larger rivers in the

summer.

Large lakes connected to rivers often serve as nursery areas for

silver carp. Juvenile silver carp typically remain in backwater

habitats whereas adults are typically found in main channels of rivers

River are active in winter, with activity slowing

at less than 4 [deg]C and little movement occurring at temperatures

below 2 [deg]C. Silver carp used tributaries to larger rivers in the

summer.

Large lakes connected to rivers often serve as nursery areas for

silver carp. Juvenile silver carp typically remain in backwater

habitats whereas adults are typically found in main channels of rivers.

There is limited data about the habitat use of juvenile silver carp in

the United States because their introduction, spread and establishment

is relatively recent and ongoing. Young-of-year silver carp were found

in abundance in the backwaters of the middle Mississippi River, and

juvenile silver carp were collected in low-velocity and off-channel

habitats in the Missouri, Mississippi, Wabash, and lower Ohio rivers.

Young-of-year ( 1 m in

length) in rivers, lakes, and reservoirs increases the probability of a

negative impact on aquatic ecosystems they invade.

Potential Control

Due to the extensive established range of silver carp in the

Mississippi River Basin, conventional control methods are not feasible

to reduce established populations. The damage to ancillary fisheries

resources through control measures would be substantial. Netting

and electrofishing may be effective in reducing populations, but many

non-target fish species would also be killed where such control

measures are used. Selective removal of silver carp is possible given

their location in the water column, but water trawling could also

remove other non-target fish such as paddlefish.

Use of chemical treatments, such as rotenone, would be expensive,

only locally effective, and would negatively affect all fishes and

invertebrates, not just the target carp. Chemical treatment of the

Mississippi River and other large rivers in the United States to

control silver carp is not feasible, either logistically or

economically, and would have a low likelihood of success

paddlefish.

Use of chemical treatments, such as rotenone, would be expensive,

only locally effective, and would negatively affect all fishes and

invertebrates, not just the target carp. Chemical treatment of the

Mississippi River and other large rivers in the United States to

control silver carp is not feasible, either logistically or

economically, and would have a low likelihood of success. Even most

nonlethal methods to prevent the spread of silver carp, such as

electrical barriers or acoustic, physical, or bubble barriers, would

negatively affect migratory native fishes. This effect might be

minimized, if somewhat species-specific sonic barriers were developed.

Treatment of ballast water in vessels moving from waters containing

reproductive populations of silver carp to waters devoid of these

fishes may become necessary. At present, there is no method known to

substantially reduce established populations of silver carp. On the

basis of presently available technology, eradication is not possible.

Impacts to Humans

Silver carp in the United States cause substantial impacts to the

health and welfare of human beings that use waterways infested with

silver carp. There are numerous reports of injuries to human beings and

damage to boats and boating equipment because of the jumping habits of

silver carp in the vicinity of moving motorized watercraft. Some

reported injuries include cuts from fins, black eyes, broken bones,

back injuries, and concussions. Silver carp also cause property damage

including broken radios, depth finders, fishing equipment, and

antennae. Some vessels have been fitted with a Plexiglas pilot's cab as

protection against jumping silver carp.

Factors That Reduce or Remove Injuriousness for Silver Carp

Control

craft. Some

reported injuries include cuts from fins, black eyes, broken bones,

back injuries, and concussions. Silver carp also cause property damage

including broken radios, depth finders, fishing equipment, and

antennae. Some vessels have been fitted with a Plexiglas pilot's cab as

protection against jumping silver carp.

Factors That Reduce or Remove Injuriousness for Silver Carp

Control

The large and growing range of silver carp in U.S. waterways makes

chemical control of established populations highly unlikely, both

physically and fiscally. Some control might be possible with massive

fishing efforts. Justifying the expense of such efforts would require a

large commercial demand, which does not currently exist, nor is likely

given the jumping behavior of silver carp which makes fishing

difficult.

The ability to control spread of established populations depends on

their access to open waterways and riverine habitat to spawn. Barriers

may help control the spread of silver carp from the Mississippi River

basin into the Great Lakes or other waterbodies. However, there are

still several pathways by which silver carp from established

populations in the Mississippi River Basin might be moved to new

waterbodies, such as the Potomac River or Columbia River, and have the

potential to become established.

Recovery of Disturbed Sites

Because the ability to eradicate this species is low, there is

little likelihood for rehabilitation or recovery of ecosystems

disturbed by this species. Additionally infested waterways allow

connections to unpopulated sites. Utilizing sterile silver carp would

do little to reduce or remove injuriousness as the present range of

establishment in the Mississippi River Basin is too extensive for this

option to reduce current silver carp populations in this area

tle likelihood for rehabilitation or recovery of ecosystems

disturbed by this species. Additionally infested waterways allow

connections to unpopulated sites. Utilizing sterile silver carp would

do little to reduce or remove injuriousness as the present range of

establishment in the Mississippi River Basin is too extensive for this

option to reduce current silver carp populations in this area. The use

of daughterless fish technology (introducing sterile males to produce

unviable eggs) may reduce populations, but this would take many years

before it would reduce numbers of fish where they currently exist.

Research is being conducted on the use of pheromones to control carp,

but it is years from demonstrating effectiveness in natural waters and

mass production. These technologies might be useful to prevent

establishment of silver carp in new areas.

Potential Pathogens

The potential for silver carp to infect native fishes with

pathogens is largely unknown. Should such transfers prove viable, the

ability and effectiveness to control these transfers to native fishes

would be low. The Asian carp tapeworm, for which silver carp is a known

host, has demonstrated potential to jump to native species of several

orders in other nations and within U.S. waters.

Potential Ecological Benefits for Introduction

The ability of silver carp to effectively filter particles and

reliance on phytoplankton for much of its diet led to research into

their effectiveness as a biological control agent for phytoplankton in

wastewater systems and other ponds. There is conflicting data

concerning the benefit of using silver carp to control excess

nutrients. Regardless of their effect on increasing or decreasing

phytoplankton and zooplankton abundance, studies have consistently

shown that filter feeding by silver carp shifts the species composition

of these communities to smaller species. Silver carps' effectiveness

has also been shown to be greatly influenced by the design of the

facility.

Conclusion

ng silver carp to control excess

nutrients. Regardless of their effect on increasing or decreasing

phytoplankton and zooplankton abundance, studies have consistently

shown that filter feeding by silver carp shifts the species composition

of these communities to smaller species. Silver carps' effectiveness

has also been shown to be greatly influenced by the design of the

facility.

Conclusion

Because silver carp are likely to spread from their current

established range to new waterbodies in the United States; are likely

to compete with native species for food and habitat; are likely to have

negative impacts on humans; are known to hybridize with bighead carp, a

nonnative species also established in the United States; and because it

would be difficult to eradicate, reduce large populations, or recover

ecosystems disturbed by the species, the Service finds silver carp to

be injurious to the interests of human beings and the wildlife and

wildlife resources of the United States.

Factors That Contribute to Injuriousness for Largescale Silver Carp

Potential Introduction and Spread

To our knowledge, the largescale silver carp has not been imported

into the United States. Its growth rate is greater than that of silver

carp, and the species reaches sexual maturity sooner than silver carp.

In culture situations, introduced silver carp hybridized with

largescale silver carp. The hybrids did not grow as quickly as

largescale silver carp but exceeded the growth rate of silver carp.

Largescale silver carp x silver carp hybrids were introduced in

Kazakhstan where they became established. The climate of Kazakhstan is

temperate; thus, largescale silver carp x silver carp hybrids are more

cold-tolerant than pure largescale silver carp. The faster growth rate

of these hybrids than pure silver carp and the increased palatability

of largescale silver carp compared to silver carp may conceivably

stimulate interest in culturing either the hybrids or pure largescale

silver carp in the United States

Kazakhstan is

temperate; thus, largescale silver carp x silver carp hybrids are more

cold-tolerant than pure largescale silver carp. The faster growth rate

of these hybrids than pure silver carp and the increased palatability

of largescale silver carp compared to silver carp may conceivably

stimulate interest in culturing either the hybrids or pure largescale

silver carp in the United States. Because hybrids can tolerate

temperate climates, they have the potential to be cultured in many

southern States. Culture of pure largescale silver carp would probably

require subtropical/tropical conditions.

Escape from containment, as has happened with silver carp, would

provide a pathway for release of largescale silver carp into natural

waters. Should this fish or its hybrids be released into natural

waters, connected waterways would become a secondary pathway for

spread. Because of the morphological similarity between this species

and silver carp, stock contamination of silver carp by largescale

silver carp is possible if imported from regions with populations of H.

harmandi. Another possible introduction pathway, should largescale

silver carp or their hybrids be imported for culture, would be sale of

live individuals in food fish markets.

Likelihood of spread of largescale silver carp, should they be

introduced, would be high in subtropical/tropical waters of the United

States, but only where river flows are sufficient to support spawning.

Hybrid largescale silver carp x silver carp, however, would have high

potential to live in much of the temperate United States. Because

largescale silver carp can occupy reservoirs, they could also live in

lakes. The same is likely true for hybrids. Young largescale silver

carp or any hybrids captured by anglers for use as live bait would be a

pathway that could lead to numerous future introductions of these

species.

Hybrids

ver carp, however, would have high

potential to live in much of the temperate United States. Because

largescale silver carp can occupy reservoirs, they could also live in

lakes. The same is likely true for hybrids. Young largescale silver

carp or any hybrids captured by anglers for use as live bait would be a

pathway that could lead to numerous future introductions of these

species.

Hybrids

Hybridization with native fishes is not believed to be possible.

Largescale silver carp can hybridize with silver carp and possibly

bighead carp, both of which are present in U.S. waters. Hybrids of

largescale silver carp are known to have survived and became

established in Kazakhstan at a latitude of approximately 45 [deg]N, a

latitude that parallels the border between New York State and Ontario,

Canada. Therefore, it can be assumed that these hybrids would be

capable of surviving and probably establishing throughout much of the

United States where suitable waters exist.

Potential Effects on Native Species

Largescale silver carp consume primarily planktonic food sources.

It is unknown if largescale silver carp feed more heavily on

phytoplankton than zooplankton, but their hybrids with silver carp

would likely show a preference for phytoplankton. Largescale silver

carp and hybrids are highly likely to compete for food with other

planktivorous native fishes and with post-larvae and early juveniles of

most native fishes should they become established in the United States.

Fishes most likely to be affected are those species whose diet is

predominantly plankton including paddlefish (Polyodon spathula), native

to the Mississippi River Basin and Gulf of Mexico river drainages from

east Texas to Alabama, buffalos (Ictiobus spp.), or shads (Dorosoma

spp.). Given that these fish may already be competing with bighead and

silver carps in some areas, the presence of largescale silver carp

would increase food competition and increase the threat of negative

impacts to native species

yodon spathula), native

to the Mississippi River Basin and Gulf of Mexico river drainages from

east Texas to Alabama, buffalos (Ictiobus spp.), or shads (Dorosoma

spp.). Given that these fish may already be competing with bighead and

silver carps in some areas, the presence of largescale silver carp

would increase food competition and increase the threat of negative

impacts to native species.

Potential for direct predation and injury of drifting fertilized

eggs and larvae of fishes exists. Mussels are also filter feeders but

live partly or totally buried in the substrate; they would be less

likely to be affected by filter-feeding largescale silver carp or their

hybrids. Largescale silver carp feed in the water column at night.

Nevertheless, changes in the fish community structure caused by

largescale silver carp or hybrids would likely have adverse effects on

abundance and availability of host fishes required for mussel

reproduction.

There are other possible, but less likely, effects that will

cascade through any aquatic ecosystem with an established population of

largescale silver carp or their hybrids. Nutrient levels are a concern

because there is evidence of overloading of nutrients in waters into

which silver carp have been introduced, and the same may apply to

largescale silver carp or their hybrids.

Habitat competition would likely be low unless populations become

significantly large. The potential of largescale silver and any hybrids

to cause habitat degradation and/or destruction is low as is possible

predation on native wildlife.

Additional adverse impacts on native wildlife, wildlife resources,

and ecosystem balance are likely few, except for fishes. Ecosystem

balance would likely be modified if populations of largescale silver

carp or their hybrids with silver carp become large enough to dominate

planktivorous fish species

se habitat degradation and/or destruction is low as is possible

predation on native wildlife.

Additional adverse impacts on native wildlife, wildlife resources,

and ecosystem balance are likely few, except for fishes. Ecosystem

balance would likely be modified if populations of largescale silver

carp or their hybrids with silver carp become large enough to dominate

planktivorous fish species.

Because largescale silver carp may survive and become established

and compete with native fishes, there is no acceptable escape or

release threshold for largescale silver carp or their hybrids.

Potential Pathogens

The potential for largescale silver carp to transfer pathogens is

largely unknown. No detailed studies of disease-causing agents of

largescale silver carp have been found, but at least three trematode

parasites (Dactylogyrus harmandi, D. hypophthalmichthys, D.

chenthushenae) are known to infect largescale silver carp. Bighead,

silver, grass, and black carps are known to host the Asian carp

tapeworm (Bothriocephalus acheilognathi), but it is unknown whether

largescale silver carp host this species. Since largescale silver carp

are very similar to silver carp, they likely can host the Asian carp

tapeworm.

Potential Impacts to Threatened and Endangered Wildlife

Adverse effects of largescale silver carp on selected threatened

and endangered freshwater mussels and fishes would be expected to be

moderate to high. There are currently 116 fishes and 70 mussels on the

Federal List of Endangered and Threatened Wildlife. Based on habitat

requirements, it appears that 40 fishes and 25 mussels currently on the

endangered or threatened species list would likely be impacted by the

introduction and establishment of largescale silver carp. However, the

habitat requirements, springs and small streams, of the remaining

listed fishes and mussels would probably preclude any detectable

effects as it is unlikely that largescale silver carp or their hybrids

would survive in such small bodies of water

on the

endangered or threatened species list would likely be impacted by the

introduction and establishment of largescale silver carp. However, the

habitat requirements, springs and small streams, of the remaining

listed fishes and mussels would probably preclude any detectable

effects as it is unlikely that largescale silver carp or their hybrids

would survive in such small bodies of water.

It is highly likely that largescale silver carp and particularly

their hybrids with silver carp would have adverse effects on designated

critical habitats of threatened and endangered species. There are

currently 60 species of fishes and 18 mussels with designated critical

habitat. At least 26 fishes and mussels with critical habitat inhabit

lakes or reaches of streams large enough to support hybrids of

largescale silver carp and silver carp. Largescale silver carp and

their hybrids have the potential to alter food webs and ultimately

alter nutrient and energy cycling in aquatic communities. The most

likely effect would be an alteration of fish community structure

through competition for food. Fishes and mussels that are determined to

be candidates for listing under the Endangered Species Act would

likewise be at risk.

There is low likelihood that species may be placed in danger of

extinction as a result of the introduction or establishment of

largescale silver carp if only pure stock escaped and became

established in subtropical/tropical waters in the United States. Yet,

the potential exists for hybrids with silver carp to develop large

populations that could further imperil native fishes not currently on

the Federal List of Endangered and Threatened Wildlife. Large

populations of hybrids with silver carp would likely alter native fish

community structures, ultimately resulting in decline of native mussels

since many rely on native host fishes for reproduction. The fact that

hybrids have the potential to become abundant and

populations that could further imperil native fishes not currently on

the Federal List of Endangered and Threatened Wildlife. Large

populations of hybrids with silver carp would likely alter native fish

community structures, ultimately resulting in decline of native mussels

since many rely on native host fishes for reproduction. The fact that

hybrids have the potential to become abundant and

reach a very large size, > 1 m in length, in rivers, lakes, and

reservoirs, increases the probability of a negative impact on aquatic

ecosystems should largescale silver carp be introduced and become

established.

Potential Control

Due to the potential range of establishment of hybrid largescale

silver carp x silver carp in the United States, conventional control

methods would not be feasible. The damage to ancillary fisheries

resources through control measures would be substantial. Netting and

electrofishing might be effective in reducing local populations of

largescale silver carp, but they would also affect native fishes

present in the area where such control measures are used. Similarly,

use of chemical treatments would be expensive, only locally effective,

and would negatively affect all fishes and invertebrates. Even most

nonlethal methods to prevent the spread of largescale silver carp, such

as electrical barriers or bubble curtains, would negatively affect

migratory native fishes. At present, there is no method known to

substantially reduce populations of established fishes in U.S.

waterways. On the basis of presently available technology, eradication

would not be possible.

Potential Impacts to Humans

The potential impact on the health and welfare of humans from

largescale silver carp or any hybrids is unknown. If largescale silver

x silver hybrids display the jumping behavior of pure silver carp,

their potential to injure humans could be considerable. Impacts to

agriculture, horticulture or forestry from largescale silver carp or

hybrids are highly unlikely.

Potential Impacts to Humans

The potential impact on the health and welfare of humans from

largescale silver carp or any hybrids is unknown. If largescale silver

x silver hybrids display the jumping behavior of pure silver carp,

their potential to injure humans could be considerable. Impacts to

agriculture, horticulture or forestry from largescale silver carp or

hybrids are highly unlikely.

Factors That Reduce or Remove Injuriousness for Largescale Silver Carp

Detection and Response

If largescale silver carp were introduced into U.S. waters, it is

unlikely that the introduction would be discovered until the numbers

were high enough to impact wildlife and wildlife resources. Widespread

surveys of waterways are not conducted to establish species' presence

lists. Delay in discovery would limit the ability and effectiveness to

rapidly respond to the introduction and prevent establishment. It is

unlikely that hybrid largescale silver x silver carp could be

eradicated from U.S. waterways, should they be introduced, unless they

are found in unconnected waterbodies.

Control

If hybrid largescale silver x silver carp were to escape and become

established in natural waters, management of established populations

would be nearly impossible both physically and fiscally. Some control

might be possible with massive fishing efforts using nets, but this

would unlikely stem range expansion. There would have to be substantial

commercial demand to justify the expense of such efforts.

Chemicals or selective removal may be used to manage populations in

localized areas. However, selective removal of largescale silver carp

would be difficult because they remain in deeper waters during daylight

hours when such removal efforts would probably occur. If largescale

hybrids lack this behavior, then selective removal may be feasible in

specific situations

e expense of such efforts.

Chemicals or selective removal may be used to manage populations in

localized areas. However, selective removal of largescale silver carp

would be difficult because they remain in deeper waters during daylight

hours when such removal efforts would probably occur. If largescale

hybrids lack this behavior, then selective removal may be feasible in

specific situations. Pheromones may be a viable option to limit spread;

this possibility is under investigation for silver carp, and may have

applicability to largescale silver carp and any hybrids. However,

research into this control method is in early stages.

It would be difficult to control the spread of largescale silver

carp or any hybrids to new locations except, perhaps, by use of

electric, acoustic, physical and other types of barriers. At present,

there is no method known to substantially reduce populations of

introduced fishes in U.S. waterways. On the basis of presently

available technology, eradication would not be possible.

Although there is no evidence that this species has been introduced

or targeted for introduction into the United States, its affinities

with silver carp indicate that should it or its hybrids with silver

carp be introduced, abilities to eradicate, manage or control spread to

new locations would likely be low. Therefore, rehabilitation or

recovery of ecosystems disturbed by this species or its hybrids is

unlikely. Introduction of largescale silver carp or its hybrids has no

known potential ecological benefits.

Because no evidence exists that largescale silver carp have been

imported or released into U.S. waters, triploidy or induced sterility

could potentially reduce or eliminate injuriousness. Nevertheless,

these processes are likely to be costly, time-consuming, and not 100%

effective. Should this species be imported, it is likely that it would

be placed in culture with other Asian carps including silver carp, a

species with which the largescale silver carp can hybridize

released into U.S. waters, triploidy or induced sterility

could potentially reduce or eliminate injuriousness. Nevertheless,

these processes are likely to be costly, time-consuming, and not 100%

effective. Should this species be imported, it is likely that it would

be placed in culture with other Asian carps including silver carp, a

species with which the largescale silver carp can hybridize. Although

the largescale silver carp is not known to hybridize with bighead carp,

it is feasible because hybrids between silver and bighead carps are

known.

Recovery of Disturbed Sites

Although there is no evidence that this species has been introduced

or targeted for introduction into the U.S., its similarities with

silver carp indicate that should it or its hybrids with silver carp be

introduced, abilities to eradicate, manage or control spread to new

locations would likely be low. Therefore, there would be little

likelihood for rehabilitation or recovery of ecosystems disturbed by

this species or its hybrids.

Potential Pathogens

The potential for largescale silver carp or largescale silver x

silver carp hybrids to infect native fishes with pathogens is largely

unknown. Should such transfers prove viable, ability and effectiveness

to control the spread to native fishes would be low.

Potential Ecological Benefits for Introduction

There are no potential ecological benefits for introduction of

largescale silver carp or its hybrids.

Conclusion

ale silver carp or largescale silver x

silver carp hybrids to infect native fishes with pathogens is largely

unknown. Should such transfers prove viable, ability and effectiveness

to control the spread to native fishes would be low.

Potential Ecological Benefits for Introduction

There are no potential ecological benefits for introduction of

largescale silver carp or its hybrids.

Conclusion

Because largescale silver carp are likely to escape or be released

into the wild if imported to the United States; are likely to survive,

become established and spread if escaped or released; are likely to

compete with native species for food and habitat; have been shown to

hybridize with silver carp, a nonnative species already established in

the United States; hybrids with silver carp may display jumping

behavior that could injure humans; and because it would be difficult to

prevent, eradicate, reduce large populations, control spread to new

locations or recover ecosystems disturbed by the species, the Service

finds largescale silver carp to be injurious to the interests of human

beings and the wildlife and wildlife resources of the United States.

Required Determinations

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

This rule contains information collection activity for special use

permits. The Fish and Wildlife Service has approval from the Office of

Management and Budget (OMB) to collect information under OMB control

number 1018-0093. This approval expires June 30, 2007. The Service may

not conduct or sponsor, and a person is not required to respond to, a

collection

of information unless it displays a currently valid OMB control number.

Regulatory Planning and Review

permits. The Fish and Wildlife Service has approval from the Office of

Management and Budget (OMB) to collect information under OMB control

number 1018-0093. This approval expires June 30, 2007. The Service may

not conduct or sponsor, and a person is not required to respond to, a

collection

of information unless it displays a currently valid OMB control number.

Regulatory Planning and Review

(a) In accordance with the criteria in Executive Order 12866, OMB

has designated this rule as a significant regulatory action.

This rule would not have an annual economic effect of $100 million

or more or adversely affect an economic sector, productivity, jobs, the

environment, or other units of government.

Costs Incurred

Silver Carp

We expect this proposed rule to have minimal costs. Silver carp are

not cultured in the United States, nor do we believe that they are

imported or exported. Currently, there are some commercial fisheries

for silver carp in the Mississippi, Missouri, and Illinois rivers.

Usually, commercial fishermen are catching silver carp as bycatch,

which can account for up to 50 percent of the catch. Silver carp are

not favorable because of their jumping habits and because they are less

desirable by the consumer. In Missouri, many of the fishermen do not

primarily target Asian carp (bighead and silver carp) because the price

received is low ($0.10-$0.15 per pound). Instead, they fish for bighead

and silver carp when other species or opportunities are unavailable.

Many fishermen do not distinguish between bighead carp and silver carp.

Data for the silver carp fishery is limited. While Table 1 shows

commercial fishery landings and value in Iowa and Illinois, we

recognize that there may be landings in other States as well. Compared

to the total commercial harvest and value, Asian carp represented 11

percent of landings and 6 percent of value in 2003

le.

Many fishermen do not distinguish between bighead carp and silver carp.

Data for the silver carp fishery is limited. While Table 1 shows

commercial fishery landings and value in Iowa and Illinois, we

recognize that there may be landings in other States as well. Compared

to the total commercial harvest and value, Asian carp represented 11

percent of landings and 6 percent of value in 2003. Because Illinois

does not distinguish between bighead carp and silver carp in its annual

report, we are unable to determine the magnitude of silver carp

landings for the entire area. For Iowa, silver carp represented less

than 1 percent of total landings.

Table 1.--2003 Commercial Fishery Landings and Value in Iowa and Illinois

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

Illinois\1\ Iowa \2\ \3\ Total

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

Total Commercial Harvest (lbs).................................. 6,385,473 2,242,997 8,628,470

Asian Carp*................................................. 900,497 15,774 916,271

Silver Carp................................................. .............. 3,828 3,828

Total Commercial Value ($)...................................... $1,334,467 $496,765 $1,831,232

Asian Carp*................................................. $99,055 $1,735 $100,790

Silver Carp................................................. .............. $421 $421

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

*Asian carp includes bighead carp and silver carp. The value for Asian carp and silver carp in Iowa is based on

the average $0.11/lb received, which is the same as Illinois.

\1\ Illinois Department of Natural Resources. 2005. 2003 Commercial Catch Report. Brighton, Illinois.

\2\ Personal communication, Gene Jones, Iowa Department of Natural Resources.

\3\ Iowa Department of Natural Resources

----

*Asian carp includes bighead carp and silver carp. The value for Asian carp and silver carp in Iowa is based on

the average $0.11/lb received, which is the same as Illinois.

\1\ Illinois Department of Natural Resources. 2005. 2003 Commercial Catch Report. Brighton, Illinois.

\2\ Personal communication, Gene Jones, Iowa Department of Natural Resources.

\3\ Iowa Department of Natural Resources. 2003. Fisheries Management Section 2003 Completion Reports. Des

Moines, Iowa.

The majority of the silver carp catch is sold as round weight. In

Illinois, fishermen can sell silver carp as long as they are not

transported live once the fish are taken off the water. No impacts are

expected to this market because silver carp are not delivered live to

the processor.

The market for live silver carp is unknown. Two live silver carp

have been seen for sale in Toronto markets; it is unknown if live

silver carp are being sold in United States markets. It is possible

that silver carp are inadvertently shipped along with live bighead

carp. However, most live haulers will not haul live silver carp because

the fishes do not transport well. Furthermore, the consumer prefers

bighead carp to silver carp. Because only sales of live silver carp

would be regulated by this proposed rulemaking, we do not expect any

impacts to commercial fishermen unless they are transporting live

silver carp across State lines for processing. While the exact impact

is unknown, we expect it to be minimal.

Largescale Silver Carp

There is no known use for largescale silver carp in the United

States or import/export of the species into or from the United States.

We do not know of any future plans to use largescale silver carp in the

United States. Therefore, we do not expect the proposed rule to add

largescale silver carp to the list of injurious wildlife to have any

costs.

Benefits Accrued

Silver Carp

e Silver Carp

There is no known use for largescale silver carp in the United

States or import/export of the species into or from the United States.

We do not know of any future plans to use largescale silver carp in the

United States. Therefore, we do not expect the proposed rule to add

largescale silver carp to the list of injurious wildlife to have any

costs.

Benefits Accrued

Silver Carp

Within several waters of the Midwest, silver carp comprise a large

percentage of the commercial catch as bycatch (non-target species).

This may be negatively impacting revenue for commercial fishermen

because silver carp are not as valuable as the native species that are

targeted. It is possible that silver carp populations would not become

established in new watersheds (Columbia Basin, Chesapeake Basin, and

Sacramento-San Joaquin Delta) with similar attributes as the

Mississippi River Basin as a result of this rulemaking. Silver carp are

likely to compete with native fish for food, causing declines in native

fishes in the United States, particularly those that rely heavily on

plankton as a food resource.

With this proposed rule, we expect to delay and greatly decrease

the risk of the establishment of silver carp populations in other U.S.

watersheds. Thus, this proposed rule would protect native fish and the

recreational and commercial fisheries associated with native fish. In

terms of recreational fisheries, benefits would accrue due to (1)

consumer surplus generated from fishing native fish and (2) fishing-

related expenditures such as food, lodging, and equipment. In terms of

commercial fisheries, benefits would accrue due to the ex-vessel

revenue from fishing native fish which are more valuable than silver

carp. The timeline for when these benefits would accrue depends on the

potential spread and impacts of silver carp. The extent of benefits to

recreational and commercial fisheries is also unknown.

Largescale Silver Carp

ood, lodging, and equipment. In terms of

commercial fisheries, benefits would accrue due to the ex-vessel

revenue from fishing native fish which are more valuable than silver

carp. The timeline for when these benefits would accrue depends on the

potential spread and impacts of silver carp. The extent of benefits to

recreational and commercial fisheries is also unknown.

Largescale Silver Carp

There have been no reports that largescale silver carp are in the

United States. However, native fish populations could decline if

largescale silver carp were to establish populations in the United

States. With this proposed rule, we expect to greatly reduce the risk

of the introduction and establishment of largescale silver carp (or any

hybrids) in U.S. watersheds. Thus, this proposed rule protects native

fish and the recreational and commercial fisheries

associated with native fish. In terms of recreational fisheries,

benefits would accrue due to the continued (1) consumer surplus

generated from fishing native fish and (2) fishing-related expenditures

such as food, lodging, and equipment. In terms of commercial fisheries,

benefits would accrue due to the continued ex-vessel revenue from

fishing native fish. The extent of benefits to recreational and

commercial fisheries is also unknown because it depends on the

introduction and subsequent establishment of largescale silver carp

populations in the United States.

(b) This proposed rule will not create inconsistencies with other

Federal agencies' actions. This rule pertains only to regulations

promulgated by the U.S. Fish and Wildlife Service under the Lacey Act.

No other agencies are involved in these regulations.

so unknown because it depends on the

introduction and subsequent establishment of largescale silver carp

populations in the United States.

(b) This proposed rule will not create inconsistencies with other

Federal agencies' actions. This rule pertains only to regulations

promulgated by the U.S. Fish and Wildlife Service under the Lacey Act.

No other agencies are involved in these regulations.

(c) This proposed rule would not materially affect entitlements,

grants, user fees, loan programs, or the rights and obligations of

their recipients. This proposed rule does not affect entitlement

programs. This rule is aimed at regulating the importation and movement

of nonindigenous species that have the potential to cause significant

economic and other impacts on natural resources that are the trust

responsibility of the Federal Government.

(d) OMB has determined that this proposed rule raises novel legal

or policy issues.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (as amended by the Small

Business Regulatory Enforcement Fairness Act (SBREFA) of 1996),

whenever a Federal agency publishes a notice of rulemaking for any

proposed or final rule, it must prepare and make available for public

comment a regulatory flexibility analysis that describes the effect of

the rule on small entities (i.e., small businesses, small

organizations, and small government jurisdictions) (5 U.S.C. 601 et

seq.). However, no regulatory flexibility analysis is required if the

head of an agency certifies that the rule would not have a significant

economic impact on a substantial number of small entities. Thus, for a

regulatory flexibility analysis to be required, impacts must exceed a

threshold for ``significant impact'' and a threshold for a

``substantial number of small entities.'' See 5 U.S.C. 605(b)

However, no regulatory flexibility analysis is required if the

head of an agency certifies that the rule would not have a significant

economic impact on a substantial number of small entities. Thus, for a

regulatory flexibility analysis to be required, impacts must exceed a

threshold for ``significant impact'' and a threshold for a

``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA

amended the Regulatory Flexibility Act to require Federal agencies to

provide a statement of the factual basis for certifying that a rule

would not have a significant economic impact on a substantial number of

small entities.

This proposed rulemaking may impact a small number of fishermen

selling live silver carp. The number of fishermen targeting silver carp

is unknown. Because the market for live silver market is also unknown,

we are unable to estimate the degree of impact of this rulemaking. We

expect this proposed rulemaking to have a minimal effect on commercial

fishermen selling live silver carp because many live haulers do not

transport live silver carp. We do not expect this rulemaking to affect

aquaculture because silver carp, largescale silver carp or any hybrids

are not being cultured in the United States at this time.

Many small businesses within the retail trade industry (such as

hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may

benefit from continued recreational fishing without impacts from silver

carp, largescale silver carp, or any hybrids. Furthermore, small

businesses associated with commercial fishing (fishermen, wholesalers,

and retailers) would also benefit from continued commercial fishing

without impacts from silver carp, largescale silver carp, or any

hybrids. We do not know the extent to which these small businesses

would continue to benefit

hing without impacts from silver

carp, largescale silver carp, or any hybrids. Furthermore, small

businesses associated with commercial fishing (fishermen, wholesalers,

and retailers) would also benefit from continued commercial fishing

without impacts from silver carp, largescale silver carp, or any

hybrids. We do not know the extent to which these small businesses

would continue to benefit. However, we expect this benefit to be

distributed across various watersheds, and so we do not expect that the

rule will have a significant economic effect (benefit) on a substantial

number of small entities in any region or nationally.

Therefore, we certify that this rule would 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.). An

initial/final Regulatory Flexibility Analysis is not required.

Accordingly, a Small Entity Compliance Guide is not required. No

individual small industry within the United States will be

significantly affected if live silver carp or largescale silver carp

importation and interstate transportation are prohibited.

Small Business Regulatory Enforcement Fairness Act

The rule is not a major rule under U.S.C. 804(2), the Small

Business Regulatory Enforcement Fairness Act. This rule:

(a) Does not have an annual effect on the economy of $100 million

or more. Silver carp is in limited commercial trade in the United

States and primarily as fillets; the largescale silver carp is not

known to be imported or present in the United States. Silver carp are

likely to devastate many native fishery resources if it continues to

spread in the United States. The largescale silver carp could devastate

many native fishery resources if it is introduced to U.S. waterways

rnments or the private

sector. A statement containing the information required by the Unfunded

Mandates Reform Act is not required.

Takings

In accordance with Executive Order 12630, the rule does not have

significant takings implications. A takings implication assessment is

not required. This rule would 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 would 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 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.

National Environmental Policy Act

not unduly burden the

judicial system and meets the requirements of sections 3(a) and 3(b)(2)

of the Executive Order. The 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.

National Environmental Policy Act

We have reviewed this rule in accordance with the criteria of the

National Environmental Policy Act and the Departmental Manual in 516

DM. This action is being taken to protect the natural resources of the

United States. Draft environmental assessments have been prepared for

each species and are available for review by written request (see

ADDRESSES section) or at our Web page at http://contaminants.fws.gov/

Issues/InvasiveSpecies.cfm.

Adding silver carp and largescale silver carp to the list of

injurious wildlife is intended to prevent their further introduction

and establishment into natural waters of the United States in order to

protect native fishes, the survival and welfare of wildlife and

wildlife resources and the health and welfare of humans. Not listing

silver carp as injurious may allow for an expansion of their use to

States where they are not already found, thus increasing the risk of

their escape and establishment in new areas due to accidental release

and, perhaps, intentional release, which would likely threaten native

fish, wildlife, and humans. Silver carp are established throughout much

of the Mississippi River Basin. Releases of silver carp into natural

waters of the United States are likely to occur again and the species

is likely to become established in additional U.S. waterways,

threatening native fish populations, wildlife, and wildlife resources

dependent on phytoplankton, zooplankton, bacteria, and detritus, and

impacting human health

are established throughout much

of the Mississippi River Basin. Releases of silver carp into natural

waters of the United States are likely to occur again and the species

is likely to become established in additional U.S. waterways,

threatening native fish populations, wildlife, and wildlife resources

dependent on phytoplankton, zooplankton, bacteria, and detritus, and

impacting human health.

Largescale silver carp are not known to be in the United States,

but if introduced to natural waters, they would likely impact the

welfare and survival of native fish and wildlife, as well as the health

and welfare of humans. In addition, largescale silver carp are visually

similar to silver carp and can readily hybridize with silver carp, so

they would be difficult to distinguish from silver carp.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American Tribal

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 all forms of live

silver carp, largescale silver carp, gametes, eggs, and hybrids. We are

unaware of trade in these species by Tribes.

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. This rule is not

expected to affect energy supplies, distribution, and use. Therefore,

this action is a not a significant energy action and no Statement of

Energy Effects is required.

Clarity of the Rule

regulations that significantly affect energy supply, distribution, and

use. Executive Order 13211 requires agencies to prepare Statements of

Energy Effects when undertaking certain actions. This rule is not

expected to affect energy supplies, distribution, and use. Therefore,

this action is a not a significant energy action and no Statement of

Energy Effects is required.

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 [email protected].

References Cited

A complete list of all references used in this rulemaking is

available upon request from the Branch of Invasive Species (see the FOR

FURTHER INFORMATION CONTACT section).

Authority

The Service is issuing this proposed rule under the authority of

the Lacey Act (18 U.S.C. 42).

List of Subjects in 50 CFR Part 16

Fish, Imports, Reporting and recordkeeping requirements,

Transportation, Wildlife.

For the reasons discussed in the preamble, the U.S. Fish and

Wildlife Service proposes to amend part 16, subchapter B of chapter I,

title 50 of the Code of Federal Regulations, as follows:

PART 16--[AMENDED]

oposed rule under the authority of

the Lacey Act (18 U.S.C. 42).

List of Subjects in 50 CFR Part 16

Fish, Imports, Reporting and recordkeeping requirements,

Transportation, Wildlife.

For the reasons discussed in the preamble, the U.S. Fish and

Wildlife Service proposes to amend part 16, subchapter B of chapter I,

title 50 of the Code of Federal Regulations, as follows:

PART 16--[AMENDED]

1. The authority citation for part 16 continues to read as follows:

Authority: 18 U.S.C. 42.

2. Amend Sec. 16.13 as follows:

a. By removing the word ``and'' at the end of paragraph

(a)(2)(iii);

b. By removing the period at the end of paragraph (a)(2)(iv)(BB)

and adding in its place ``; and''; and

c. By adding a new paragraph (a)(2)(v) to read as set forth below.

Sec. 16.13 Importation of live or dead fish, mollusks, and

crustaceans, or their eggs.

(a) * * *

(2) * * *

(v) Live fish, gametes, viable eggs, or hybrids of the species

silver carp, Hypophthalmichthys molitrix, or largescale silver carp,

Hypophthalmichthys harmandi.

* * * * *

Dated: July 14, 2006.

Matt Hogan,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 06-7416 Filed 9-1-06; 8:45 am]

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