Proposed Consolidation of Lists of Wildlife and Plants

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 10, 14, 15, 16, 17, 18, and 23

Proposed Consolidation of Lists of Wildlife and Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Request for comments.

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SUMMARY: Fish and Wildlife Service announces contemplated consolidation

and changes in format and presentation of numerous lists of wild plants

or animals (hereinafter ``wildlife'') subject to Federal regulation

pursuant to several statutes and treaties. The intent is to provide a

simplified, consolidated means for interested persons to determine

whether anticipated activities involving wildlife are subject to such

regulation and, if so, to refer the user directly to relevant

regulations where he or she can learn what must be done to conduct such

activities lawfully. This contemplated action will not add, delete or

transfer any taxon to, from or between any existing list(s) nor, in any

other way, modify the legal status of any wildlife now included on

those lists.

DATES: Comments must be received on or before May 3, 1996.

ADDRESSES: Comments and materials concerning this proposal may be

submitted to the Assistant Director, International Affairs, U.S. FWS,

4401 North Fairfax Drive, Mail Stop: 434, Arlington, Virginia 22203

(Fax 703-358-2280).

FOR FURTHER INFORMATION CONTACT: Mr. Earl B. Baysinger, telephone (703)

358-1915.

ow included on

those lists.

DATES: Comments must be received on or before May 3, 1996.

ADDRESSES: Comments and materials concerning this proposal may be

submitted to the Assistant Director, International Affairs, U.S. FWS,

4401 North Fairfax Drive, Mail Stop: 434, Arlington, Virginia 22203

(Fax 703-358-2280).

FOR FURTHER INFORMATION CONTACT: Mr. Earl B. Baysinger, telephone (703)

358-1915.

SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service)

hereby notifies interested persons, as a part of the President's

``Regulatory Reform Initiative,'' that the Service contemplates

consolidating and changing the format and presentation of certain lists

of wildlife now maintained in Title 50 of the Code of Federal

Regulations (50 CFR).

The purpose of this action is to simplify the task of determining

what actions are permitted, restricted or otherwise regulated with

regard to wildlife protected or otherwise subject to certain provisions

of: The Convention on International Trade in Endangered Species of Wild

Fauna and Flora, TIAS 8249; the Endangered Species Act of 1973, as

amended, 16 U.S.C. 1531-1543; the Migratory Bird Treaty Act, as

amended, 16 U.S.C. 703-712; the Wild Bird Conservation Act, 16 U.S.C.

4901-4916; the ``Injurious Wildlife'' provisions of the Lacey Act, as

amended, 18 U.S.C. 42; and the Marine Mammal Protection Act of 1972, as

amended, 16 U.S.C. 1361-1407.

At present, approximately 17 lists identifying such wildlife and

relevant regulations are scattered throughout 50 CFR and there are no

effective cross-references. Many species or other taxa appear on two or

more lists and the legal requirements associated with each list apply

to such taxa. It is possible that persons attempting to determine what

restrictions may apply to contemplated activities involving a given

taxon could overlook one or more relevant list(s) and, therefore,

inadvertently fail to conduct their activities in compliance with

applicable laws or regulations

taxa appear on two or

more lists and the legal requirements associated with each list apply

to such taxa. It is possible that persons attempting to determine what

restrictions may apply to contemplated activities involving a given

taxon could overlook one or more relevant list(s) and, therefore,

inadvertently fail to conduct their activities in compliance with

applicable laws or regulations. Such violations frequently are subject

to serious penalties.

The opposite also is true. A person unable easily to determine what

restrictions apply to his or her activities may be inhibited from

carrying out activities that are not prohibited by law. Some wildlife

may receive protection not needed; others may fail to receive needed

and entitled consideration and both governmental personnel and those

whose activities may be regulated spend considerable time and effort

attempting to explain, understand and/or comply with those regulations.

These situations work to the detriment of the wildlife of concern, the

individual conducting the activities, the Service, and also exacerbate

public concern over Federal regulations.

This action also is intended to enhance the efficiency and

effectiveness of personnel of the Service, other Federal, State, and

foreign agencies, non-governmental organizations and individuals who

enforce those statutes, those who advise the public concerning their

provisions or those who have other interests in such legally classified

wildlife. This action will not add, delete or transfer any taxon to,

from or between any existing list(s), nor will it, in any other way,

modify the legal status of any wildlife now included on any of those

lists.

This action will consolidate the numerous lists of wildlife

promulgated pursuant to those statutes into a single list. That list

will be subdivided into two major divisions: animals and plants. Each

of those lists will be subdivided into yet-to-be determined taxonomic

groups (probably Orders or Families)

other way,

modify the legal status of any wildlife now included on any of those

lists.

This action will consolidate the numerous lists of wildlife

promulgated pursuant to those statutes into a single list. That list

will be subdivided into two major divisions: animals and plants. Each

of those lists will be subdivided into yet-to-be determined taxonomic

groups (probably Orders or Families). Taxa within those taxonomic

groups will be listed alphabetically by genus and by species within

genus sequence. This consolidated list will be presented in two forms:

alphabetic by Latin name and alphabetic by English (where available)

Common Name.

Those alphabetized lists will be presented in a matrix format with

the names of the taxa in rows down the vertical axis. References to the

relevant lists and the statutes from which they derive will be arrayed,

at the heads of vertical columns, across the horizontal axis.

Indicators in the box formed by intersection of a row containing a

taxon's name with a vertical column containing the name of a list will

indicate that taxon is on that list. Information at the top of the

vertical column(s) will refer the reader to the Section(s) in 50 CFR

containing relevant regulations. The matrix also will refer the user to

a set of expansive ``footnotes'' containing further information

concerning specific taxa. Such information will include, but not

necessarily be limited to: descriptions of any administratively

determined ``populations;'' applicable ``special rules,'' or other

relevant information not otherwise easily locatable.

These consolidated lists and matrix will provide a ``user

friendly,'' species-oriented index to regulations in 50 CFR that relate

to taxa on those lists. A user simply would scan down whatever

alphabetical list is most easily used with the information available

(Latin or Common name). If the name of the taxon is not included, there

will be no need to search out and scan other lists

ocatable.

These consolidated lists and matrix will provide a ``user

friendly,'' species-oriented index to regulations in 50 CFR that relate

to taxa on those lists. A user simply would scan down whatever

alphabetical list is most easily used with the information available

(Latin or Common name). If the name of the taxon is not included, there

will be no need to search out and scan other lists.

Assuming the user used the correct Latin or common name, he or she

safely can assume the taxon of interest has not been placed on any of

those lists and statutes relevant to the combined list are not

applicable.

If the name is found, a quick scan across the row in which the name

appears will inform the user whether any administrative ``population''

or ``special regulation'' is involved and upon which list(s) the taxon

has been placed. The built-in cross references would direct the user to

that information.

Experience has shown users frequently are aware of the significance

of a taxon's presence on these existing lists but, since other Federal

agencies' regulations are published in different titles of the CFR, are

unaware those agencies also regulate activities involving that taxon.

Conscientious persons who complied with regulations published in 50 CFR

have found themselves in noncompliance with other agencies' regulations

in other titles that apply to that same taxon. As a public service and

to reduce the likelihood of such unintentional violations, the Service

contemplates inclusion in the matrix of a cross

reference to identify and alert the user to taxa on the consolidated

list that also are of concern to other Federal agencies.

This action still is in the conceptual stage and comments or

suggestions are welcomed. This notice was prepared under the authority

of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et

seq.).

the Service

contemplates inclusion in the matrix of a cross

reference to identify and alert the user to taxa on the consolidated

list that also are of concern to other Federal agencies.

This action still is in the conceptual stage and comments or

suggestions are welcomed. This notice was prepared under the authority

of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et

seq.).

Dated: February 21, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-6453 Filed 3-18-96; 8:45 am]

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