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Federal Register/Vol. 77, No. 14/Monday, January 23, 2012 3330 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR Services Office, U.S. Fish and Wildlife (75 FR 11808) to list Python molurus Service, 1339 20th Street, Vero Beach, (which includes Burmese and Indian Fish and Wildlife Service FL 32960–3559; telephone (772) 562– pythons), reticulated python 3909 ext. 256; facsimile (772) 562–4288. (Broghammerus reticulatus or Python 50 CFR Part 16 FOR FURTHER INFORMATION CONTACT: reticulatus), Northern African python RIN 1018–AV68 Supervisor, South Florida Ecological (Python sebae), Southern African Services Office, U.S. Fish and Wildlife python (Python natalensis), boa [FWS–R9–FHC–2008–0015; Service, 1339 20th Street, Vero Beach, constrictor (Boa constrictor), yellow FXFR13360900000N5–123–FF09F14000] FL 32960–3559; telephone (772) 562– anaconda (Eunectes notaeus), Injurious Wildlife Species; Listing 3909 ext. 256. If you use a DeSchauensee’s anaconda (Eunectes Three Python Species and One telecommunications device for the deaf deschauenseei), green anaconda Anaconda Species as Injurious (TDD), please call the Federal (Eunectes murinus), and Beni anaconda Reptiles Information Relay Service (FIRS) at (Eunectes beniensis) as injurious (800) 877–8339. reptiles under the Act. The proposed AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: rule established a 60-day comment Interior. period ending on May 11, 2010, and ACTION: Final rule. Previous Federal Action announced the availability of the draft On June 23, 2006, the Service economic analysis and the draft SUMMARY: The U.S. Fish and Wildlife received a petition from the South environmental assessment of the Service (Service) is amending its Florida Water Management District proposed rule. At the request of the regulations under the Lacey Act to add (District) requesting that Burmese public, we reopened the comment Python molurus (which includes pythons be considered for inclusion in period for an additional 30 days ending Burmese python Python molurus the injurious wildlife regulations under on August 2, 2010 (75 FR 38069; July 1, bivittatus and Indian python Python the Lacey Act (18 U.S.C. 42, as 2010). molurus molurus), Northern African amended; the Act). The District was For the injurious wildlife evaluation python (Python sebae), Southern concerned about the number of Burmese in this final rule, in addition to African python (Python natalensis), and pythons (Python molurus bivittatus) information used for the proposed rule, yellow anaconda (Eunectes notaeus) to found in Florida, particularly in we considered a wide range of the list of injurious reptiles. By this Everglades National Park and on the information, including: (1) Substantive action, the importation into the United District’s widespread property in South comments from two public comment States and interstate transportation Florida. periods for the proposed rule, (2) between States, the District of Columbia, The Service published a notice of comments from five peer reviewers, and the Commonwealth of Puerto Rico, or inquiry in the Federal Register (73 FR (3) new information acquired by the any territory or possession of the United 5784; January 31, 2008) soliciting Service. From this information, we States of any live animal, gamete, viable available biological, economic, and determined that four of the nine egg, or hybrid of these four constrictor other information and data on the proposed species warrant listing as snakes is prohibited, except by permit Python, Boa, and Eunectes genera for injurious at this time. In addition, we for zoological, education, medical, or possible addition to the list of injurious made improvements to the scientific purposes (in accordance with wildlife under the Act and provided a supplementary information to support permit regulation) or by Federal 90-day public comment period. The and explain this decision. agencies without a permit solely for Service received 1,528 comments during We present a summary of the peer their own use. The best available the public comment period that closed review comments and the public information indicates that this action is April 30, 2008. We reviewed all comments following the Lacey Act necessary to protect the interests of comments received for substantive Evaluation Criteria section for four of human beings, agriculture, wildlife, and issues and information regarding the the nine proposed species. The wildlife resources from the purposeful injurious nature of species in the explanations in the sections on biology or accidental introduction and Python, Boa, and Eunectes genera. Of and evaluation of the four species will subsequent establishment of these large the 1,528 comments, 115 provided make many of the answers to the nonnative constrictor snake populations economic, ecological, and other data comments self-evident. into ecosystems of the United States. responsive to the 10 specific questions A major source of biological, DATES: This rule becomes effective on in the notice of inquiry. Most management, and invasion risk March 23, 2012. individuals submitting comments information that we used for the ADDRESSES: This final rule and the responded to the notice of inquiry as proposed rule and this final rule was associated final economic analysis, though it was a proposed rule to list derived from the United States regulatory flexibility analysis, and constrictor snakes in the Python, Boa, Geological Survey’s (USGS) ‘‘Giant environmental assessment are available and Eunectes genera as injurious under Constrictors: Biological and on the Internet at http:// the Act. As a result, most comments Management Profiles and an www.regulations.gov under Docket No. expressed either opposition or support Establishment Risk Assessment for Nine FWS–R9–FHC–2008–0015. Comments for listing the large constrictor snakes Large Species of Pythons, Anacondas, and materials received, as well as species and did not provide substantive and the Boa Constrictor’’ hereafter supporting documentation used in information. We considered the referred to as ‘‘Reed and Rodda 2009.’’ preparing this final rule, are available information provided in the 115 This document was prepared at the on the Internet at http:// applicable comments in the preparation request of the Service and the National www.regulations.gov under Docket No. of the draft environmental assessment, Park Service; it can be viewed at the FWS–R9–FHC–2008–0015; they are also draft economic analysis, and the following Internet sites: http:// available for public inspection, by proposed rule. www.regulations.gov under Docket No. appointment, during normal business On March 12, 2010, we published a FWS–R9–FHC–2008–0015 and http:// hours, at the South Florida Ecological proposed rule in the Federal Register www.fort.usgs.gov/Products/ VerDate Mar<15>2010 18:09 Jan 20, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23JAR2.SGM 23JAR2 TKELLEY on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3331 Publications/ and sustained expenditures.’’ This is territory or possession. We have pub_abstract.asp?PubID=22691. why we are listing one species that is determined that these four species of After full consideration of public not yet found in the United States but large constrictor snakes are injurious. comments and relevant factors, the which has the requisite injurious traits. Thousands of Burmese pythons are Service is moving forward with Two of the four largest snakes in the now established in the Everglades and publication of a final rule for the four world (with maximum lengths well preying on many imperiled species and species (Burmese python [including exceeding 6 m [20 ft]) are the Burmese other wildlife. In addition, Northern Indian python], Northern African python and Northern African python; African pythons are known to be python, Southern African python, and both are present in international trade established and breeding in South yellow anaconda. Five additional (although imports of the Burmese Florida. Yellow anacondas have also species (reticulated python, python are higher than those of the been reported in the wild in Florida. DeSchauensee’s anaconda, green Northern African python). The Burmese Burmese pythons, African pythons, and anaconda, Beni anaconda, and boa python and the Northern African yellow anacondas have been reported in constrictor) are not being listed at this python are established in south Florida. the wild in Puerto Rico. The Southern time and remain under consideration. The Northern and Southern African African python exhibits many of the pythons are closely related and have same biological characteristics as the Background similar appearances. While the Northern Northern African python that poses a Purpose of Listing as Injurious African python is documented on risk of establishment and negative import records as being imported and effects in the United States. The threat The purpose of listing the Burmese the Southern African python is not, we posed by the Burmese python and the python and its conspecifics (that is, believe that some snakes reported as three other large constrictor snakes will belonging to the same species; hereafter Northern African pythons may have be explained in detail below under referred to collectively as Burmese actually been Southern, and that Factors That Contribute to Injuriousness pythons unless otherwise noted), importers may want to switch to the for Burmese Python
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