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that the device must be registered; may as part of the equipment certification booster operators have the proper only be operated with the consent of the process. The R&O also requires that if a authority to operate their devices. consumer’s wireless provider; may only manufacturer claims that a device will Federal Communications Commission. be operated with approved antennas not affect E911 communications, the Marlene H. Dortch, and cables; and that E911 manufacturer must certify this claim communications may be affected for during the equipment certification Secretary. calls served by using the device. process. Note: The ‘‘application for [FR Doc. 2013–22121 Filed 9–10–13; 8:45 am] Industrial Signal Boosters must include equipment’’ certification requirements BILLING CODE 6712–01–P a label stating that the device is not a are met under OMB Control Number consumer device, is designed for 3060–0057, FCC Form 731. installation by FCC licensees or a DEPARTMENT OF THE INTERIOR Antenna Kitting Documentation qualified installer, and the operator Requirement must have a FCC license or consent of Fish and Wildlife Service a FCC licensee to operate the device. Sections 20.21(e)(8)(i)(G), Accordingly, all signal boosters 20.21(e)(9)(i)(H)—The rules require that 50 CFR Part 17 marketed on or after March 1, 2014, all consumer boosters must be sold with user manuals specifying all antennas [Docket Number FWS–HQ–ES–2013–0055; must include the advisories (1) In on- FXES111809F2070B6] line point-of-sale marketing materials; and cables that meet the requirements of (2) in any print or on-line owner’s this section. RIN 1018–AY76 manual and installation instructions; (3) Part 90 Licensee Consent Endangered and Threatened Wildlife on the outside packaging of the device; Documentation Requirement and (4) on a label affixed to the device. and Plants; Listing the Southern White Part 90 signal boosters marketed or sold Section 90.219(b)(1)(i)—This rule Rhino (Ceratotherium simum simum) on or after March 1, 2014, must include requires that non-licensees seeking to as Threatened a label stating that the device is not a operate part 90 signal boosters must obtain the express consent of the AGENCY: Fish and Wildlife Service, consumer device; the operator must Interior. have a FCC license or consent of a FCC licensee(s) of the frequencies for which ACTION: Interim rule. licensee to operate the device; the the device or system is intended to amplify. The rules further require that operator must register Class B signal SUMMARY: We, the U.S. Fish and boosters; and unauthorized use may such consent must be maintained in a recordable format that can be presented Wildlife Service (Service or USFWS), result in significant forfeitures. determine to list the southern white Section 1.1307(b)(1)—Radiofrequency to a FCC representative or other relevant licensee investigating interference. rhino (Ceratotherium simum simum) as (RF). This rule requires that a label is threatened under the authority of affixed to the transmitting antenna that The Commission will use the information collected from the provider section 4(e) of the Endangered Species provides adequate notice regarding Act of 1973, as amended (Act), due to potential RF safety hazards and reporting requirement to assess providers’ treatment of Consumer Signal the similarity in appearance with the references the applicable FCC-adopted endangered Javan (Rhinoceros limits for RF exposure. Boosters, including the level of consumer access. This information will sondaicus), Sumatran (Dicerorhinos Certification Requirements inform the Commission’s decision sumatrensis), Indian (Rhinoceros Sections 20.3, 20.21(e)(2), whether it is necessary to revisit the unicornis), black (Diceros bicornis) and 20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H), Consumer Signal Booster authorization northern white rhino (Ceratotherium 90.203—These rules, in conjunction mechanism. The provider-based simum cottoni). Differentiating between with the R&O, require that signal registration requirement will facilitate the horns and other products made from booster manufacturers demonstrate that licensee control over Consumer Signal the southern white rhino and the they meet the new technical Boosters, help providers rapidly resolve endangered Javan, Sumatran, Indian, specifications using the existing and interference issues, and assist in black, and northern white rhino is unchanged equipment authorization consumer outreach. The labeling and difficult for law enforcement, decreasing application, including submitting a marketing requirements will inform their ability to enforce and further the technical document with the signal booster operators of their legal provisions and policies of the Act. This application for FCC equipment responsibilities, facilitate coordination similarity of appearance has resulted in authorization that shows compliance of with providers, and assist in the documented trade of listed all antennas, cables and/or coupling interference prevention. The part 90 rhinoceros species, often under the devices with the requirements of registration requirement will help guise of being the unprotected southern § 20.21(e). The R&O further provides resolve interference should it occur. The white rhinoceros, and this difficulty in that manufacturers must make certain RF labeling requirement will inform distinguishing between the rhino certifications when applying for device consumers about the potential RF safety species protected under the Act and the certification. Manufacturers must hazards and references the applicable southern white rhino constitutes an provide an explanation of all measures FCC-adopted limits for RF exposure. additional threat to all endangered taken to ensure that the technical The certification requirements will rhinoceros species. The determination safeguards designed to inhibit harmful ensure that manufacturers comply with that the southern white rhino should be interference and protect wireless our new technical rules for Consumer treated as threatened due to similarity of networks cannot be deactivated by the and Industrial Signal Boosters. The appearance will substantially facilitate user. The R&O requires that antenna kitting documentation law enforcement actions to protect and manufacturers of Provider-Specific requirement will aid consumers in the conserve all endangered rhino species. Consumer Signal Boosters may only be correct installation and use of their DATES: This rule becomes effective on certificated with the consent of the devices so as to mitigate interference. September 11, 2013. We will accept licensee so the manufacturer must The consent documentation comments received or postmarked on or certify that it has obtained such consent requirement will ensure that signal before October 11, 2013. The reasons for

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this accelerated implementation and for as threatened due to similarity of rhino horn carvings (such as dagger making this rule effective less than 30 appearance will substantially facilitate handles). Traditionally, libation cups days after publication in the Federal law enforcement actions to protect and and dagger handles carved out of rhino Register are described below in the conserve all endangered rhino species. horn have held historic and symbolic section titled ‘‘Need for Interim Rule.’’ Major Provisions of the Regulatory significance in Chinese and Middle ADDRESSES: You may submit comments Action: This action is authorized by the Eastern cultures (Vigne & Martin 2000, by one of the following methods: Endangered Species Act of 1973 (Act), pp. 91, 98; Martin 1990, p. 13). • Federal eRulemaking Portal: http:// as amended, 16 U.S.C. 1531 et seq. We Additionally, some mention has been www.regulations.gov. Follow are amending subpart B of chapter I, made of libation cups having anti- instructions for submitting comments to title 50 of the Code of Federal poisoning properties (Groves and Leslie Docket No. FWS–HQ–ES–2013–0055. Regulations § 17.11(h), by adding the 2011, p. 203; Lang 2011, unpaginated; • U.S. mail or hand-delivery: Public southern white rhinoceros to the List of Laurie 1978, p. 2). Comments Processing, Attn: [FWS–HQ– Endangered and Threatened Wildlife According to the United Nations ES–2013–0055]; Division of Policy and due to a similarity of appearance. Office on Drugs and Crime (UNODC), rhino horn has emerged in the black Directives Management; U.S. Fish and Background Wildlife Service; 4401 N. Fairfax Drive, market as a rare and valuable Poaching and the illegal trade in MS 2042–PDM; Arlington, VA 22203. commodity with street prices equal to rhinoceros horn pose serious threats to those of gold, at roughly USD $65,000 FOR FURTHER INFORMATION CONTACT: all rhinoceros species worldwide. A per kilogram (UNODC 2012, p. 5). In Janine Van Norman, Chief, Branch of significant increase in demand for southern Africa, this growing market Foreign Species, Endangered Species rhinoceros horn for medicine in demand is fueling dramatic increases in Program, U.S. Fish and Wildlife Service, southeast and east Asia, notably rhino poaching. In Europe, multiple 4401 North Fairfax Drive, Room 420, Vietnam and China, is the primary thefts of rhino horns from antique Arlington, VA 22203; telephone 703– factor driving the trade (Cavaliere 2010, dealers, auction houses, art galleries, 358–2171; facsimile 703–358–1735. If unpaginated; Milliken et al. 2009, p. 9; private collectors, zoos, museums, you use a telecommunications device Robinson 2009, p. 3; Mills 1997, p. 1). taxidermists, and game reserves have for the deaf (TDD), call the Federal Rhino horn has historically been been documented (USFWS Office of Information Relay Service (FIRS) at utilized in traditional Chinese medicine Law Enforcement (OLE) pers. comm. 800–877–8339. (TCM) for a wide variety of ailments, 2012; Viscardi 2012, p. 10; Europol SUPPLEMENTARY INFORMATION: including fever, convulsions, and 2011, p. 1). In some instances, physical delirium (Cavaliere 2010, unpaginated; Public Comments assaults have occurred (Viscardi 2012, Bell & Simmonds 2006, p. 15; Mills p. 10). Since 2007, more than 65 stolen You may submit your comments and 1997, p. 2; But et al. 1990, p. 158; Laurie horns have been reported (Shaw 2012, materials concerning this rule by one of 1978, p. 2). In 1981, China became a p. 4). FWS sources have reported that the methods listed in the ADDRESSES signatory to the Convention on poachers are increasingly well- section. We will not accept comments International Trade in Endangered connected in the field and in consumer sent by email or fax or to an address not Species of Wild Fauna and Flora countries; they are equipped with GPS listed in the ADDRESSES section. If you (CITES), and due to international units, cell phones, and weapons, and submit a comment via http:// pressures, China enacted the Notice appear to be working for syndicates that www.regulations.gov, your entire Promulgated by the State Council on the equip them with clothes, vehicles, and comment—including your personal Prohibition of Trade in Rhinoceros Horn detailed information on rhino identifying information—will be posted and Tiger Bone in 1993, which banned distribution and rhino behavior. Rhino on the Web site. If you submit a domestic and international trade in horns move rapidly across international hardcopy comment that includes rhino horn and tiger bone, including borders, evading detection through well- personal identifying information, you derivatives and their use in TCM resourced, organized, politically may request at the top of your document pharmacopeia (CITES n.d., unpaginated; powerful syndicates (USFWS 9: M. that we withhold this information from Mills 1997, pp. 3–4). Since then, the use Gadd, unpubl. document 2011; Milliken public review. However, we cannot of rhino horns for medicinal purposes 2009, p. 4). This transition from guarantee that we will be able to do so. has been widely discouraged by TCM ordinary poachers to well-resourced, We will post all hardcopy comments on practitioners (Huang L. 2011, p. 2; transnational organized crime groups http://www.regulations.gov. Robinson 2009, p. 5). Despite a lack of has created additional challenges for scientific evidence supporting the Executive Summary law enforcement personnel (UNODC medicinal properties of rhino horn, a 2012, pp.1, 6). Purpose of the Regulatory Action: We recent resurgence of interest has In the United States, OLE has are listing the southern white rhino occurred throughout Asia for its observed a dramatic increase in demand (Ceratotherium simum simum) as purported value as a cancer treatment for rhino horns. The OLE has threatened under the ‘‘similarity of (Gwin 2012, unpaginated; Rivera & information that these horns are being appearance’’ provisions of the Thomas 2012, unpaginated). Although funneled to Southeast Asia to meet Endangered Species Act of 1973, as this rumor has been widely repudiated regional demand. In 2010, the Service’s amended (Act). Horns and other by the western scientific and medical OLE arrested two Irish nationals products made from this species and community as well as by the TCM engaged in the unlawful trade in other rhinoceros species listed as community, this rumor has contributed rhinoceros horns. These individuals, endangered under the Act are difficult to the increased demands on the illegal who were later convicted, had traveled for law enforcement to distinguish, market and has thus promoted the from Europe to the United States to which makes it difficult for law illegal poaching of rhinos. procure and smuggle rhino horns for the enforcement personnel to enforce and Another factor influencing the illegal trade. In 2012, the OLE, in further the provisions and policies of poaching and illegal trade of rhino coordination with several other the Act. The determination that the horns is an increased interest and agencies, confiscated 37 rhino horns southern white rhino should be treated demand for libation cups and other and a number of carved rhino horn

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products (U.S. Department of Justice lifespan of 40 to 50 years in captivity population of northern white rhinos was 2012, unpaginated). (Burnette 2011, unpaginated; estimated to be 2,230; in 1984, the Rookmaaker 1998, p. 22). A feature estimated population decreased to 15 Previous Federal Actions unique to the white rhino is its individuals (Emslie & Brooks 1999, p. Under the Endangered Species relatively broad, square-lipped mouth, 9). This species’ historical range Conservation Act of 1969, the which is adapted for grazing practices included northwestern Uganda, predecessor to the Act, the Javan (Groves et al. 1972, p. 1). The white southern Chad, southern Sudan, the (Rhinoceros sondaicus), Sumatran rhino maintains the distinction of Democratic Republic of Congo and (Dicerorhinos sumatrensis), and producing the largest horns recorded, eastern Central African Republic northern white (Ceratotherium simum both in length and in diameter (Groves (Emslie & Brooks 1999, p. 7). The last cottoni) rhinos were listed as 1971, p. 250). Both the northern white known wild population of northern endangered, effective June 2, 1970 [35 rhino and the southern white rhino have white rhinos were located in the FR 8491–8498]. The Indian rhino was two horns. The frontal horn (anterior) of Democratic Republic of the Congo; also later listed as endangered under the the northern white rhino is the largest however, despite extensive searches, no Endangered Species Conservation Act of and averages 37 to 40 inches in length; live sightings have been reported since 1969, effective Dec. 2, 1970 [35 FR the southern white rhinos’ frontal horn 2006, nor have signs of their presence 18319–18322]. In 1974, the Javan, is more variable and can range 37 to 79 been reported since 2007 (Emslie 2011, Sumatran, and northern white rhinos inches. White rhinos’ second horn unpaginated). It is, therefore, likely that were subsequently included on the (posterior) is smaller and may reach this species has become extinct in the Federal List of Endangered and lengths of up to 22 inches (Rhino wild. The last remaining captive Threatened Wildlife as endangered Resource Center (RRC) n.d.(b), population of four individuals was species under the Act. The black rhino unpaginated). relocated from Dvur Kralove Zoo in the was listed as endangered under the Act, Geographic Range and Population: Czech Republic to a private sanctuary in effective August 16, 1980 [45 FR 47352– Southern white rhino (C. s. simum): Kenya where it is hoped that they will 47354, July 14, 1980]. Currently, the The current combined wild and captive be able to successfully reproduce with southern white rhino is the only southern white rhino population is the aid of southern white rhinos (Emslie subspecies of rhinoceros not listed estimated to be 20,160 individuals 2011, unpaginated; Emslie & Knight under the Act. On January 17, 2012, the (Emslie & Knight 2011, p. 8). Current 2011, p. 8). OLE requested that the southern white southern white rhino populations rhino be listed as a threatened species within their natural range are in Black Rhino (Diceros Bicornis) based on the similarity of appearance Botswana, Namibia, South Africa, Species Description: The black rhino provisions of section 4(e) of the Act and Swaziland, and Zimbabwe. weighs between 800 and 1,350 kg our implementing regulations at 50 CFR Additionally, three countries, including (1,750–3,000 lbs), stands 1.4 to 1.7 m 17.50. Uganda, Kenya, and Zambia, maintain (4.5–5.5 ft) at the shoulder, and has an nonnative populations (USFWS 9: M. average length of 3 and 3.8 m (10–12.5 Species Overview Gadd, pers. comm. 2013). ft). The average lifespan for a black Rhinoceroses occur in Asia and Historically, the southern white rhino rhino is between 30 and 40 years, Africa. Africa has two distantly related had a large range that included Angola, although the oldest recorded captive genera of rhinos, the white rhino and Botswana, Malawi, Mozambique, individual lived to 44 years, 9 months the black rhino. Asia is home to the Namibia, South Africa, Sudan, (Rhino Resource Center (RRC) n.d.(a), Javan rhino, the Sumatran rhino, and Swaziland, and Zimbabwe (USFWS 9: unpaginated). The black rhino shares the Indian rhino. M. Gadd, pers. comm. 2013; Emslie & the same color as that of the white Brooks 1999, pp. 9–10). This subspecies rhino; it is primarily grey-brown. Other White Rhino (Ceratotherium Simum) has an unusual past; in fact, the than its smaller stature, the black rhino Species Description: Currently, two population trends have been the differs from the white rhino in its subspecies of white rhino are opposite of the trends for every other prehensile pointed hooked lip, which recognized, the southern white rhino species of rhino. In 1895, this aids in the browsing of leaves and (Ceratotherium simum simum) and the subspecies was considered extinct until bushes. Like the white rhino, black northern white rhino (Ceratotherium a small population of less than 20 rhinos have two horns; the anterior horn simum cottoni). These subspecies are individuals was discovered in the averages 0.5 to 1.3 m (18–52 inches) distinguished primarily by geographical Umfolozi-Hluhluwe region in Natal, while the posterior horn can measure range differences but also maintain South Africa (Emslie & Brooks 1999, p. 0.02 to 0.55 m (1–22 inches) in length some morphological distinctions, 10). Due to increased protections, (RRC n.d.(a), unpaginated). including small differences in cranial numbers began to substantially increase. Geographic Range and Distribution: measurements, teeth shape and size, By 1948, the numbers had increased to Worldwide, there are an estimated 4,880 and skin folding patterns (Groves et al 550; by 1984, to 3,800; by 1997, the black rhinos in the wild; and in 2005, 2010, pp. 3–10). White rhinos on population had grown to 8,440; and the 240 were reported in captivity (Emslie average weigh between 1,500 to 2,400 2012 estimate is 20,160 (Emslie & 2012, unpaginated; Emslie & Knight kilograms (kg) (3,300–5,300 pounds Brooks 1999, p. 10; Emslie & Knight 2011, p. 8). Specific subspecies (lb)), and have an immense body with 2011, p. 8). This growth in population population approximations include a relatively large head, which is has been due in large part to the 1,920 D.b. bicornis, 740 D.b. michaeli, supported by a prominent muscular successful conservation efforts and anti- and 2,220 D.b. minor (Emslie 2012, hump (Groves et al 2010, pp. 8, 10; poaching programs established by both unpaginated). The current range of D.b. Groves et al 1972, p. 3). Typical height the South African Government and bicornis is restricted to Namibia and at the shoulders can range from 1.71 to private landowners. South Africa; D.b. michaeli is thought to 1.85 meters (m) (5–6 feet (ft)), and the Northern White Rhino (C. s. cottoni): be limited to Kenya and Tanzania; and length of the spine can span 2.45 to 2.84 The northern white rhino has seen the D.b. minor’s stronghold is currently m (8–10 ft) (Groves et al. 2010, p. 9). opposite trend with regard to its South Africa, to a lesser extent The white rhino is estimated to have a population status. In 1960, the Zimbabwe, with a few remaining in

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Tanzania (Emslie 2012, unpaginated). Other populations in India include 42 in posterior horn is much smaller with an Historical ranges include Cameroon, Gorumara National Park; 140 in average length of 0.1 meters (0.25 ft). Chad, southern Sudan, Ethiopia, Jaldapara Wildlife Sanctuary; and 29 in This species of rhino is distinct from Somalia, Kenya, Tanzania, Namibia, Dudhwa National Park. In Nepal, other species in that it retains its Angola, Botswana, South Africa, Chitwan National Park has an estimated incisors as well as its canine teeth (CAC Zimbabwe, Mozambique, Democratic 503 rhinos, Bardia National Park has 2012, unpaginated). Sumatran rhinos Republic of Congo, Zambia, Rwanda, reported 24 individuals, and also have the distinction of being the Swaziland, Malawi, and Uganda (Emslie Suklaphanta Wildlife Reserve is hairiest rhinos, are a reddish brown & Brooks 1999, pp. 3, 5). It is believed estimated to contain 7 individuals. color, and have tufted ears (VanStrien et that the population of black rhino in al 2008, unpaginated; Agil 2007, p. 14). Javan Rhino (Rhinoceros Sondaicus) 1900 exceeded 100,000; reports have Geographic Range and Distribution: described them as so numerous that the Species Description: The Javan Rhino Current population estimates of governments considered them an weighs between 1,200 and 2,280 kg Sumatran rhinos range between a agricultural pest. By 1980, however, the (2,650–5,025 lbs), stands 1.20 to 1.70 m minimum of 220 and a maximum of 275 population dropped to 14,785. In 1995, (3.9–5.6 ft) in height, and ranges individuals; 10 are currently in the black rhino population hit an all- between 3.05 and 3.44 m (10–11.3 ft.) in captivity, although 96 have been time low of 2,410 individuals (Emslie length (Groves 1982, p. 16). The average recorded in the past 200 years. Their 2011, p. 8; Gadd 2011, p. 2; Emslie & lifespan of the wild Javan rhino is current range includes selected national Brooks 1999, p. 5). unknown; however, records have shown parks throughout Indonesia, Malaysia, a captive individual having reached the Sumatra, and Borneo. Some of them (Rhinoceros Unicornis) Indian Rhino age of 21 years (Groves & Leslie 2011, include Way Kambas, Bukit Barisan Species Description: The Indian rhino p. 198). The Javan rhino has a mouth Selatan, Gunung Leuser, Taman Negara, is one of the three species of Asian similar to that of the black rhino, with and Tabin Wildlife Reserve. The rhino and has the largest population due a pointed upper lip that exhibits almost historical range included Myanmar to considerable conservation efforts. The prehensile abilities in browsing for (Burma), Lao PDR, Vietnam, Thailand, Indian rhino weighs between 1,599 and leaves, shoots, and twigs of mostly Malaysia, the Indonesian islands of 2,132 kg (3,525–4,700 lb); stands at 1.59 woody species (Groves & Leslie 2011, p. Sumatra and Borneo, and northeastern to 1.86 m high at the shoulder (5.2–6.1 199). The Javan rhino has only a single India. Historical population numbers ft); and averages 4.12 m in length (13.5 anterior horn, which averages 20 to 25 and native geographic range states are ft) (Laurie et al. 1983, p. 1; Groves 1982, cm (7.9–9.8 inches) in length. Horns estimated as many historical records p. 16). The Indian rhino has an primarily occur in males, although rare failed to distinguish between Asian estimated lifespan of 40 to 50 years. observations have recorded their rhino subspecies (Van Strien et al 2008, This species, along with the Javan rhino, presence in females (Regan 1987, p. 706; unpaginated). is distinct from the African rhino Groves 1982, p. 16; Groves 1971, pp. species in that each individual has only 243–246). Horn Morphology one horn (Groves 1971, pp. 242–246). Geographic Range and Distribution: A Rhino horn shape and color vary The length of the horn ranges from 0.2 single population of Javan rhino, depending on a variety of factors. to 0.6 m (8–24 inches) in length. The consisting of fewer than 40 individuals, Although extensive research has been Indian rhino has a prehensile upper lip, is located in Ujung Kulon National Park conducted and published regarding the which is used for pulling branches and in Java. The individual from Cat Loc chemical and genetic composition of leaves into its mouth; this species also National Park in southern Vietnam was rhino horns from each of these species, consumes grasses and pulls its upper lip killed in 2011, most likely due to generally these differences cannot be tight against its mouth to form a hard poaching as its horn had been removed detected visually by law enforcement square lip similar to that of a cow (Brook 2012, p. 64; Sargent 2011, personnel. Rhinoceros horns are similar (Groves 1982, p. 20). unpaginated). Historical records in appearance between species and Geographic Range and Distribution: indicate the species’ range at one time subspecies; most are homogenous in The historical range of Indian rhinos may have included Ujung Kulon, appearance, and all are composed of the once included Nepal, Bangladesh, Sumatra, Borneo, Malaya, Perak, protein keratin. Generally, horns range Bhutan, Myanmar, southern China, Thailand, Burma, Laos, China, in color from tan to brown to black. possibly Indochina, India, and Pakistan. Cambodia, Vietnam, India, and Shengqing et al (2010) determined the The current estimated population of Bangladesh. color of rhinoceros horn products to be Indian rhinos is 2,716 individuals in shades of brown, intact rhinoceros horn India and 534 individuals in Nepal, for Sumatran Rhino (Dicerorhinus to be shades of yellow, and ground a total of 3,250. Their current stronghold Sumatrensis) powder to be gray-white (Shengqing et country is India, particularly in the state Species Description: The Sumatran al 2010, p. 637). According to Groves of Assam wherein it is estimated the rhino is the smallest rhino species with (1972), ‘‘in wild specimens the horn is population is over 2,000; plans are in a weight between 600 and 950 kg colored like the body, dark grey or even place to increase this to 3,000 by the (1,300–2,000 lbs). It stands only 1 to 1.5 black, darker on the stem than on the year 2020 (Singh 2012, p. 1). The large m in height (3–5 ft) and is 2 to 3 meters base, darker in Asiatic rhinos, and majority of Indian rhinos occupy in length (6.5–9.5 ft) (RRC n.d.(d), darker in adults than in juveniles’’ various national parks and are highly unpaginated). Wild Sumatran rhinos are (Groves 1972, p. 239). Differences in protected. March 2012 estimates include believed to have an average lifespan of horn size can be misleading as they 2,290 rhinos in Kaziranga National Park, 30 to 45 years; however, the oldest depend on the age, gender, and species 93 individuals in Pabitora Wildlife individual in captivity lived to 28.5 of the individual; additionally, horn Sanctuary, 100 individuals in Orang years (VanStrien et al 2008, shape is influenced by external factors National Park, and 22 in Manas Tiger unpaginated). The Sumatran rhino is the such as living in captivity. Additional Reserve (which have been translocated only Asian rhino to have two horns; the identification challenges arise when from Pabitora Wildlife Sanctuary and anterior horn measures 0.25 to 0.79 rhino horns are carved into libation Kaziranga National Park since 2006). meters in length (0.83–2.58 ft), while the cups, dagger handles, or other

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ornaments, and such processing can years, rhino protections costs have appropriate and acceptable destinations make the determination of species sharply risen. During the same time and in hunting trophies. All other almost impossible. Thus, only with period, the prices for live rhinos have specimens of southern white rhino are genetic testing can individual horns be dropped 11 percent. Live rhino sales considered to be listed in Appendix I definitely linked to specific species. include sales of live rhinos at auction and are regulated under CITES as such. and live rhino darting activities for Currently, all rhino species and Current Regulatory Mechanisms hunters. Privately owned populations subspecies are listed in CITES Many range states protect their rhino and the overall live rhino industry are Appendix I, except the South African populations. The primary conservation losing capital and have begun to and Swaziland populations of southern method is through the physical perceive it as possibly too risky of a white rhinos, which are listed as protection of rhinos existing in state-run venture to continue (Knight 2012, pp. Appendix II. This listing has provided conservation areas such as national 12–13). The possible loss of these South Africa and Swaziland the ability parks and wildlife sanctuaries. privately owned lands has the potential to trade internationally in white rhino Researchers estimate that more than to result in overcrowding or higher hunting trophies and in live white seventy-five percent of African rhino population densities within protected rhinos to appropriate and acceptable populations are within these types of areas (Knight 2012, pp. 12–13), which destinations. Additionally, with the facilities (Emslie & Brooks 1999, p. 16). are already under siege from poachers. adoption of Resolution Conference 13.5 However, due to increased poaching in 2004, South Africa and Namibia have within these protected areas, additional CITES been permitted to export five trophy- measures have had to be taken. On Jan. 7, 1975, the Convention on hunted black rhinos (D. bicornis) Translocation has been a major International Trade in Endangered annually. component in conservation of live Species of Wild Fauna and Flora rhinos. For example, in Zimbabwe, (CITES) included the Northern white, Live Rhino and Rhino Horn Imports vulnerable rhinos were moved to safer Javan, Sumatran, and Indian rhinoceros and Exports locations in response to poaching and on Appendix I. Species listed as CITES’ Under Appendix II of CITES, live other threats (Milliken et al 2009, p. 9). Appendix I are considered threatened specimen trade is legal provided the Some range states have attempted to with extinction which are or may be trade is conducted with regard to reduce the number poached by affected by trade, and international ‘‘appropriate and acceptable tranquilizing rhinos and removing their trade is permitted only under destinations.’’ Swaziland populations horns; unfortunately, there have also exceptional circumstances. Trade in have been traded as part of a project to been reports of poachers killing and Appendix I specimens for primarily expand base populations over the last removing even the smallest stumps from commercial purposes is generally few years (Milliken et al. 2009, p. 7). these animals. Range states and private precluded. The black rhino was listed in The discrepancies in trade volumes owners have thus accumulated Appendix II on January 7, 1975, which include some inexplicable anomalies. stockpiles of rhino horn that need to be includes species that are not necessarily Between 2006 and 2009, according to carefully managed (Milliken et al 2009, now threatened with extinction, but CITES data, South Africa exported 193 pp. 10–11). Despite these conservation may become so unless trade is subject live rhinos. However, data from measures, the rate of poaching in to strict regulation to avoid utilization importing countries indicate that at least stronghold locations, namely South incompatible with the species’ survival. 235 live rhinos were received from Africa, has continued to rise in International trade in specimens (dead South Africa. In the case of live rhino unprecedented rates. In South Africa, or live) of Appendix I and II species is export to China, South Africa reported which contains approximately 80 authorized through a system of permits exporting 61 rhinos in 2006 and 2007, percent of the world’s rhinos, poaching or certificates under certain while China recorded receiving 117 levels increased from only 13 in 2007 to circumstances. This process includes rhinos from South Africa during the 448 in 2011; South Africa reported 668 verification that trade will not be same time (Milliken et al. 2009, p. 7). rhinos poached in 2012 (Republic of detrimental to the survival of the Rumors about rhino farming in China South Africa 2013, unpaginated; species in the wild, and that the and campaigns to encourage the use of UNODC 2012, p. 5; Milliken & Shaw material was legally acquired rhino horn resulted in South Africa 2012, p. 11). (www.cites.org). putting a moratorium being placed on On April 2, 1977, the black rhino was live rhino exportations. This resulted in Impacts of Poaching on Private Land reclassified to Appendix I, and the a Memorandum of Understanding Owners and Commercial Live-Rhino Southern white rhino was added to (MoU) between the South African Operators Appendix I. Since 1977, the Government and the Socialist Republic Private landowners have made a large implementation of effective of Vietnam, signed in December of 2012, contribution toward rhino conservation management techniques in several which promotes law enforcement through private ownership and countries, most notably South Africa, coordination, increased compliance custodian agreements on behalf of range increased the southern white rhino with CITES regulations, and places states, and account for almost 25 populations to a viable number. Thus, restrictions on trade and exportation of percent of the African rhino populations in 1995, the South African population of certain rhino products. (Emslie and Brooks 1999, p. 16). These southern white rhino was reclassified to landowners and companies contribute Appendix II for the exclusive purpose of Poaching and the Inadequacy of to the conservation of rhinos through allowing international trade in live Existing Regulatory Mechanisms tourism, live rhino sales, and limited animals to appropriate and acceptable Trends in poaching over the last 5 trophy hunting of surplus bulls and/or destinations and in hunting trophies. years have demonstrated that current elder females (Emslie & Brooks 1999, p. Similarly, in 2005, the Swaziland regulatory mechanisms and 18). Private owners contribute roughly population of southern white rhino was conservation efforts are inadequate to 20,000 sq km (4,942,110 acres) of land also listed on Appendix II for the respond to the growing market for rhino toward rhino conservation efforts. Due exclusive purpose of allowing horn products. In 2007, only 13 cases of to increased poaching over the last 6 international trade in live animals to poaching in South Africa were

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documented. However, in 2010, these ‘‘may, by regulation of commerce and the Act’s similarity of appearance figures increased to 333, and in 2011, taking, and to the extent he deems provisions will facilitate the the South African Government reported advisable, treat any species as an enforcement and further the policy of poaching of 448 rhinos (Milliken and endangered species or threatened the Act. This action will stem an Shaw 2012, p. 11). The South African species even though it is not listed enforcement problem that has Government reported 668 rhinos pursuant to section 4 of the Act if the contributed to the unauthorized poached during 2012 (Republic of South Secretary finds that—(a) such species so commerce of endangered rhino Africa 2013, unpaginated). Poachers closely resembles in appearance, at the specimens from the United States, have been increasingly advanced in point in question, a species which has thereby ameliorating the threat to their methods with the illegal been listed pursuant to such section that endangered rhino species from illegal misappropriation of or reuse of gaming enforcement personnel would have trade and providing for the conservation licenses; helicopters and tranquilizer substantial difficulty in attempting to of these species listed under the Act. guns appropriated from veterinary differentiate between the listed and facilities have also been used (Viscardi unlisted species; (b) the effect of this Effects of This Interim Rule 2012, p. 10). Additional regulatory substantial difficulty is an additional Otherwise Prohibited Activities and enforcement mechanisms are needed to threat to an endangered or threatened Permitting Requirements address this escalating issue. species; and (c) such treatment of an Section 4(d) of the Act specifies that, unlisted species will substantially Facilitation of Enforcement for threatened species, the Secretary facilitate the enforcement and further shall issue such regulations as he deems As explained in more detail under the the policy of this Act.’’ Due to the necessary and advisable to provide for section titled ‘‘Otherwise Prohibited similarity of appearance of rhino horns, the conservation of the species. Under Activities and Permitting parts, and products from all rhino this authority, the Service has Requirements,’’ this interim rule will species, law enforcement personnel are promulgated certain regulations at 50 apply all of the prohibitions for unable to determine the species, much CFR 17.31. Specifically, 50 CFR 17.31 threatened species found at 50 CFR less the population, from which the provides that the prohibitions for 17.31 to the southern white rhino. These rhino horn, part, or product was endangered wildlife under 50 CFR prohibitions, under 50 CFR 17.31, derived. When rhino horn or product is 17.21, with the exception of 17.21(c)(5), would, in part, make it illegal for any carved or modified, such as into a person subject to the jurisdiction of the libation cup, the ability to make the also apply to threatened wildlife unless United States, to deliver, receive, carry, determination of legality is further a special rule has been developed under transport, or ship southern white rhino compromised. This is the primary section 4(d) of the ESA. The specimen(s) in foreign or interstate justification for this similarity of prohibitions of 50 CFR 17.31 include, commerce, by any means whatsoever appearance listing. among others, take, import, export, and and in the course of a commercial In addition, this difficulty in shipment in interstate or foreign activity; or sell or offer for sale in distinguishing a specimen of commerce in the course of a commercial interstate and foreign commerce any endangered rhino species from a activity of a threatened species. specimen of southern white rhino. specimen of the southern white rhino is Under the Act’s similarity of In light of the significant demand for an additional threat to the rhino species appearance provisions, the Secretary acquiring rhino specimens within the listed under the Act. The Service has may, ‘‘to the extent he deems advisable, United States for movement into the information indicating that treat any species as an endangered Asian black market, extending the Act’s unauthorized commerce involving parts species or a threatened species even prohibitions relating to commerce to the and products of listed rhino species is though it isn’t listed pursuant to section southern white rhino under the being conducted via the United States 4 of [the] Act . . .’’. Furthermore, the similarity of appearance provisions will by persons who purposefully or Service’s regulations implementing the substantially facilitate law enforcement accidentally misrepresent that Act’s provisions on similarity of actions to protect and conserve all listed specimens have originated from the appearance provide that all of the rhino species by curtailing unauthorized southern white rhino. Thus, the regulatory provisions found at subpart commerce in endangered rhino difficulty in distinguishing endangered D, which include the general specimens. Presently, with the southern rhino specimens from specimens of prohibitions for threatened species, white rhino being the only subspecies of southern white rhino is resulting in shall apply, as appropriate, to any rhino that is not listed under the Act, specimens of listed rhino species species listed pursuant to the similarity unauthorized commerce in listed rhino entering the global black market via the of appearance provisions. See 50 CFR specimens within and through the United States. This illegal movement of 17.51(a). Thus, exercising this United States occurs with individuals endangered rhino parts and products via discretion, the Service has determined able to purposefully or accidentally the United States is contributing to the that all of the prohibitions under 50 CFR misrepresent that specimens of market demand for such items. With the 17.31 shall apply to the southern white endangered rhino are specimens of the increasing market demand for rhino rhino, which is being designated as a Southern white rhino. Thus, this parts and products and the street value threatened species under the similarity similarity of appearance listing will of rhino horn now being roughly of appearance provisions of section 4(e) eliminate this loophole in enforcing the estimated at $65,000 per kilogram, this and the Service’s implementing Act’s protections for listed rhino species flourishing black market is stimulating regulations at 50 CFR 17.50. This by extending the Act’s prohibitions unprecedented levels of poaching, and, designation due to similarity of regarding certain commerce activities to indeed, this recent upsurge in rhino appearance under section 4(e) of the all rhino species, unless such activities poaching coincides precisely with the Act, however, does not extend other are properly authorized. renewed consumer demand for rhino protections of the Act, such as parts and products (See discussion consultation requirements for Federal Similarity of Appearance under ‘‘Background’’). agencies under section 7 and the Under section 4(e) of the Act, the Lastly, as previously discussed, listing recovery planning provisions under Secretary, acting through the Service, the southern white rhino pursuant to section 4(f) that apply to species that are

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listed as endangered or threatened noncommercial purposes could not be While we are taking these immediate under section 4(a). subsequently sold or otherwise entered steps to protect these species, we invite Although the general permit into commerce. public comment as set forth in DATES provisions for threatened species are and ADDRESSES. found at 50 CFR 17.32, the Service Need for Interim Final Rule Required Determinations issues permits for otherwise prohibited Under section 553(b) of the activities involving endangered or Administrative Procedure Act (APA), Clarity of the Rule threatened species listed due to we have good cause to find that the We are required by Executive Orders similarity of appearance under the delay associated with public comment regulatory criteria at 50 CFR 17.52. 12866 and 12988 and by the on a proposed rule to list the southern Presidential Memorandum of June 1, Under 50 CFR 17.52, a permit may be white rhino under the Act’s similarity of issued for any otherwise prohibited 1998, to write all rules in plain appearance provisions would negatively language. This means that each rule we activity if the applicant adequately impact the conservation of endangered identifies the wildlife or plant in publish must: (a) Be logically organized; rhino species listed under the Act and, (b) use the active voice to address question so as to distinguish it from any therefore, is contrary to the public endangered or threatened wildlife or readers directly; (c) use clear language interest. With this action, the southern rather than jargon; (d) be divided into plant. white rhino will receive immediate In the case of the southern white short sections and sentences; and (e) use protections afforded to species through lists and tables wherever possible. If you rhinoceros, the Service’s criteria to issue the regulation of commerce under the such a permit or other authorization feel that we have not met these Act. This immediate protection is requirements, send us comments by one would consist of the permit applicant necessary to deter trade in currently providing adequate information to of the methods listed in ADDRESSES. To listed rhino species that would better help us revise the rule, your document that the specimen involved in otherwise occur via the United States the activity is a southern white comments should be as specific as during the intervening time period possible. For example, you should tell rhinoceros. Such documentation could required to finalize a rulemaking under consist of a CITES export permit issued us page numbers and the names of the the APA’s public notice and comment sections or paragraphs that are unclearly by a country that is party to CITES, procedures. This illegal trade via the veterinarian reports, a breeder’s written, which sections or sentences are United States is contributing to a black statement, qualified appraiser’s too long, the sections where you feel market that continues to attract statements, or other documentation that lists or tables would be useful, etc. poachers, resulting in an upsurge in the shows the species identification and the unsustainable killing of endangered Paperwork Reduction Act origin of the specimen. (44 U.S.C. 3501, et seq.) Further, pursuant to section 9(c)(2) of rhino species. In light of the critically the Act, noncommercial importations low abundance levels and restrictive This rule does not contain any new into the United States of threatened ranges of all of the rhino species collections of information that require species that are listed under CITES currently listed under the Act, approval by the Office of Management Appendix II and taken and exported in immediate measures to curtail some of and Budget (OMB) under the Paperwork accordance with CITES are presumed the trade in rhino specimens is Reduction Act. This rule will not not to be in violation of any provision necessary to alleviate the pressures to impose new recordkeeping or reporting of the Act or any regulation under the the species associated with poaching for requirements on State or local Act, provided that applicable the global black market. governments, individuals, businesses, or requirements under sections 9(d), 9(e), Based upon the rationale noted above organizations. We may not conduct or and 9(f) are met. For southern white for applying the APA’s exemption to the sponsor and you are not required to rhinoceros exported from South Africa notice and comment requirements to respond to, a collection of information or Swaziland, which are currently the this rulemaking in the interest of the unless it displays a currently valid OMB only populations of southern white public, we also have good cause to control number. rhinoceros listed in Appendix II of waive the standard 30-day effective date National Environmental Policy Act CITES, no ESA regulatory permit for for this rule consistent with section (42 U.S.C. 4321 et seq.) importation is required, provided that 553(d)(3) of the APA. A 30-day delay in the specimen was legally exported from the effective date of this rule would The Service has analyzed this rule in one of those two countries, the result in elevated levels of trafficking in accordance with the National importation was not made in the course parts and products of listed rhino Environmental Policy Act of 1969 of a commercial activity, and other species and in accompanying increases (NEPA). The Council on Environmental applicable requirements are met. in poaching of endangered rhino species Quality’s (CEQ) regulations Therefore, a sport-hunted trophy of during the intervening time period implementing NEPA, at 40 CFR 1508.4, southern white rhino, legally taken and between publication of this rule in the define a ‘‘categorical exclusion’’ as a exported from South Africa or Federal Register and its date of category of actions which do not Swaziland, would not require a separate effectiveness. If there were a 30-day individually or cumulatively have a ESA regulatory permit to import it into delay before this published listing rule significant effect on the human the United States. However, the sport- took effect, persons could seek to take environment and which have been hunted trophy will still be subject to the advantage of the regulatory loophole found to have no such effect on the provisions of CITES, and, therefore, a caused by the similarity of appearance human environment. CEQ’s regulations CITES Appendix II permit from the with the southern white rhino before further require federal agencies to adopt country of export will still be required. this impending regulation under the Act NEPA procedures, including the It should be noted, however, that due to became effective. Thus, under this adoption of categorical exclusions for the ‘‘use after import’’ restrictions under scenario, the Service reasonably which neither an environmental the CITES regulations (50 CFR 23.55), believes a spike in the illegal trade and assessment nor an environmental southern white rhinoceros imported as poaching of endangered rhino species impact statement is required, 40 CFR a sport-hunted trophy or for other could occur with this delay. 1507.3. The Service has determined that

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this interim rule is categorically or by contacting the person listed under PART 17—[AMENDED] excluded from further environmental FOR FURTHER INFORMATION CONTACT. analysis under NEPA in accordance Author ■ 1. The authority citation for part 17 with the Department’s NEPA regulations continues to read as follows: at 43 CFR 46.210(i), which categorically The primary author of this interim excludes ‘‘[p]olicies, directives, rule is the staff of the Branch of Foreign Authority: 16 U.S.C. 1361–1407; 1531– regulations, and guidelines: that are of Species, Endangered Species Program, 1544; 4201–4245; unless otherwise noted. U.S. Fish and Wildlife Service, 4401 an administrative, financial, legal, ■ 2. Amend § 17.11(h) by adding an technical, or procedural nature . . .’’. In North Fairfax Drive, Room 420, entry for ‘‘Rhinoceros, southern white’’ addition, the Service has determined Arlington, VA 22203 (see FOR FURTHER in alphabetical order under that none of the extraordinary INFORMATION CONTACT). circumstances listed under the MAMMALS, to the List of Endangered List of Subjects in 50 CFR Part 17 Department’s regulations at 43 CFR and Threatened Wildlife to read as set 46.215, in which a normally excluded Endangered and threatened species, forth below: action may have a significant Exports, Imports, Reporting and § 17.11 Endangered and threatened environmental effect, applies to this recordkeeping requirements, wildlife. interim rule. Transportation. * * * * * Regulation Promulgation References Cited (h) * * * A complete list of all references cited Accordingly, we amend part 17, in this interim is available on the subchapter B of chapter I, title 50 of the Internet at http://www.regulations.gov Code of Federal Regulations, as follows:

Species Vertebrate population where Historic range endangered or Status When listed Critical habitat Special rules Common name Scientific name threatened

MAMMALS

******* Rhinoceros, Ceratotherium Botswana, Entire ...... T(S/A) ...... N/A ...... N/A southern simum South Africa, white. simum. Swaziland, Zambia, Zimbabwe.

*******

Dated: August 2, 2013. Dan Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–22132 Filed 9–10–13; 8:45 am] BILLING CODE 4310–55–P

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