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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52319

transfer of live wildlife, including DEPARTMENT OF THE INTERIOR (cm)] tall and weighs around 450 embryos and gametes, or sport pounds [lb, 204 kilograms (kg)]. It is in a manner that contributes to Fish and Wildlife Service generally pale in color, but the neck and increasing or sustaining captive chest are dark reddish brown. As the numbers or to potential reintroduction 50 CFR Part 17 name suggests, adult possess a to range countries; RIN 1018–AI82 pair of horns curving back in an arc up to 50 in (127 cm) long. The scimitar- (2) The specimen was captive-bred, in Endangered and Threatened Wildlife horned once had an extensive accordance with § 17.3, within the and Plants; Final Rule To List the range in North throughout the ; Scimitar-Horned Oryx, , and semi- and steppes north of the (3) All live specimens of that as Endangered , from to . held by the captive-breeding operation The addax stands about 42 in (106 are managed in a manner that prevents AGENCY: Fish and Wildlife Service, cm) tall at the shoulder and weighs hybridization of the species or Interior. around 220 lb (100 kg). It is grayish . ACTION: Final rule. white and its horns twist in a spiral up to 43 in (109 cm) long. The addax once (4) All live specimens of that species SUMMARY: We, the U.S. Fish and occurred throughout the deserts and held by the captive-breeding operation Wildlife Service (Service), determine sub-deserts of , from the are managed in a manner that maintains endangered status for scimitar-horned Atlantic Ocean to the Nile River. genetic diversity. oryx (Oryx dammah), addax (Addax The stands about 39 in (5) Any export of or foreign commerce nasomaculatus), and dama gazelle (99 cm) tall at the shoulder and weighs in a specimen meets the requirements of (Gazella dama) throughout their ranges, around 160 lb (72 kg). The upper part paragraph (g)(4) of this section, as well pursuant to the Act of its body is mostly reddish brown, as parts 13, 14, and 23 of this chapter; of 1973, as amended (Act). The best whereas the head, rump, and underparts available information indicates that the are white. Its horns curve back and up, (6) Each specimen to be re-imported causes of decline of these are but reach a length of only about 17 in is uniquely identified by a tattoo or (1) loss through desertification, (43 cm) long. The dama gazelle, the other means that is reported on the permanent settlement, and largest of the , was once documentation required under competition with domestic livestock, common and widespread in arid and paragraph (h)(5) of this section; and and (2) regional military activity and semi-arid regions of the Sahara. (7) Each person claiming the benefit uncontrolled killing. These threats have Of the three species, the of the exception of this paragraph (h) caused the possible extinction in the scimitar-horned oryx has been the most must maintain accurate written records wild of the scimitar-horned oryx and the susceptible to the threats it faced. In of activities, including births, deaths, near-extinction of the addax in the wild. Egypt, the species became extinct over a century ago (M. Riad, Minister of State and transfers of specimens, and make All three species are in danger of for Environmental Affairs, in litt., those records accessible to Service extinction throughout their ranges. Accordingly, we are listing these three August 2003). By the mid-1900s, officials for inspection at reasonable antelopes as endangered. intensive killing had extirpated the hours set forth in §§ 13.46 and 13.47 of scimitar-horned oryx from Morocco this chapter. DATES: This final rule is effective on October 3, 2005. (Fact sheet submitted to the Service by (8) The sport-hunted trophy consists M. Anechoum, Secretary General, ADDRESSES: The complete file for this Department of Waters and Forests in the of raw or tanned parts, such as bones, rule is available for inspection, by Campaign Against Desertification, hair, head, hide, , horns, meat, appointment, during normal business Morocco, pers. com., September 2003). skull, rug, taxidermied head, shoulder, hours in the office of the Division of By the mid-1980s, it was estimated that or full body mount, of a specimen that Scientific Authority, U.S. Fish and only a few hundred were left in the was taken by the hunter during a sport Wildlife Service, 4401 North Fairfax wild, with the only viable populations hunt for personal use. It does not Drive, Room 750, Arlington, Virginia known to be in . There have been include articles made from a trophy, 22203. no reported sightings of this species in such as worked, manufactured, or Requests for copies of the regulations the wild since the late 1980s. The World handicraft items for use as clothing, regarding listed wildlife and inquiries Conservation Union (IUCN) has curios, ornamentation, jewelry, or other about prohibitions and permits may be declared the species addressed to: Division of Management utilitarian items for commercial (IUCN 2003). In 1983, it was listed in Authority, U.S. Fish and Wildlife purposes. Appendix I of the Convention on Service, 4401 North Fairfax Drive, Room Dated: August 25, 2005. International Trade in Endangered 700, Arlington, Virginia 22203 Species of Wild Fauna and Flora Paul Hoffman, (telephone, 703–358–2104; fax, 703– (CITES). Captive-bred specimens are Acting Assistant Secretary for Fish and 358–2281). Wildlife and Parks. being introduced into large fenced areas FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–17432 Filed 9–1–05; 8:45 am] in Morocco and , and these Robert R. Gabel, Chief, Division of animals may be released into the wild BILLING CODE 4310–55–P Scientific Authority, at the above when adequately protected habitat is address; by telephone, 703–358–1708; available (Antelope Taxon Advisory by fax, 703–358–2276; or by e-mail, Group 2002b). [email protected]. It is believed that the addax was SUPPLEMENTARY INFORMATION: extirpated from Tunisia during the 1930s, and the last animals were killed Background in and in 1966 and 1970, The scimitar-horned oryx stands respectively. The last observation of about 47 inches [in, 119 centimeters addax in Egypt was in the 1970s (Riad,

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in litt., August 2003), and in Morocco in and comments from the public on July community was uniformly against the 1963 (M. Anechoum, in litt., September 24, 2003 (68 FR 43706), and November proposed rule because listing the 2003). Remnant populations may still 26, 2003 (68 FR 66395). Stakeholders species would provide a disincentive to exist in the remote areas of Chad, and interested parties, including the continue of these three , and , and occasionally move general public, governmental agencies, species on ranches. A major concern of north into Algeria and Libya during the scientific community, industry, and ranchers was the need to go through times of good rainfall. According to the the range countries of the species were potentially lengthy and cumbersome Antelope Specialist Group’s Global requested to submit comments or permit processes to continue their Survey of Antelopes, the addax is information. longstanding activities with these considered to be regionally extinct species, in accordance with the Summary of Comments and (Mallon and Kingwood 2001). The regulations at 50 CFR 17.21(g)(1). Recommendations addax is listed as critically endangered It would not be appropriate to list by IUCN (IUCN 2003) and probably We received a total of 56 comments, captive and wild animals separately. numbers fewer than 600 in the wild including multiple comments from the Indeed, in the case of the scimitar- (Noble 2002). In 1983, the addax was same stakeholders, during the three horned oryx, there are possibly no wild listed in Appendix I of CITES. As with public comment periods on the individuals. However, the Service may the scimitar-horned oryx, captive-bred proposed rule. Most of the comments authorize otherwise prohibited activities specimens are being introduced into (62.5%) were submitted by U.S. that enhance the propagation or survival large fenced areas of protected habitat in ranchers. Zoos and zoo organizations of the species, such as captive breeding Morocco and Tunisia (Antelope Taxon submitted 8.9% of the comments. Other to increase the population size or Advisory Group 2002a). comments were received from improve the gene pool, under section The dama gazelle is able to utilize governments of range countries (7.1%), 10(a)(1)(A) of the Act. In response to both semi-desert and desert . hunting organizations (7.1%), exotic these comments, on February 1, 2005 Although the dama gazelle is the least wildlife breeding organizations (5.4%), (70 FR 5117), we initiated a separate susceptible of the three antelopes to the general public (5.4%), and rulemaking by announcing a proposed pressures from and domestic international scientific organizations rule and notice of availability of a draft livestock, it has declined rapidly in the (3.6%). In accordance with the environmental assessment to add a new last 20 years, and only small numbers Interagency Cooperative Policy for Peer subsection, 17.21(h), to govern certain survive in most of the eight countries Review in Endangered Species Act activities with U.S. captive-bred within its historical range. Noble (2002) Activities published on July 1, 1994 (59 scimitar-horned oryx, addax, and dama estimated that the wild population of G. FR 34270), we selected three gazelle, should they become listed as dama ruficollis is fewer than 200 appropriate independent specialists to endangered. The proposed rule covered specimens, G. dama dama is about 500 review the proposed rule. The purpose U.S. captive-bred live specimens, specimens, and G. dama mhorr may be of such peer review is to ensure that embryos, gametes, and sport-hunted extinct in the wild. It was previously listing decisions are based on trophies and would authorize certain extirpated from , but has since scientifically sound data, assumptions, otherwise prohibited activities that been reintroduced, and in 1997, at least and analysis. The reviewers selected enhance the propagation or survival of 25 animals existed there as part of a have considerable knowledge and field the species. The ‘‘otherwise prohibited semi-captive breeding program (IUCN experience with scimitar-horned oryx, activities’’ were take; export or re- 2003). The dama gazelle, including all addax, and dama gazelle and import; delivery, receipt, carrying, subspecies, is listed as endangered by conservation. We received comments transport or shipment in interstate or IUCN (2003). The Mhorr gazelle may from all of the peer reviewers. foreign commerce, in the course of a only be found in captive collections or We also sent letters requesting commercial activity; or sale or offering reintroduced populations in large comments from the CITES Management for sale in interstate or foreign fenced enclosures within range and Scientific Authorities in the range commerce. In the proposed rule, we countries (Antelope Taxon Advisory countries, which include Algeria, Egypt, determined that the scimitar-horned Group 2002, IUCN 2003). In 1983, the Libya, Morocco, Tunisia, and the United oryx, addax, and dama gazelle are Mhorr gazelle was listed in CITES Arab Emirates. We received responses dependent on captive breeding and Appendix I. from Egypt and Morocco. activities associated with captive For additional population numbers The two range country governments breeding for their conservation, and that indicating global and regional declines that responded both supported the activities associated with captive of the three antelope species, see our proposed rule. The remaining breeding within the United States November 5, 1991, proposed rule (56 FR commenters expressed opposition only enhance the propagation or survival of 56491). to listing captive-bred specimens of these species. Comments were accepted these species as endangered. Previous Federal Action until April 4, 2005. The final rule is Specifically, peer reviewers and the zoo published in today’s Federal Register. The Mhorr gazelle and Rio de Oro community supported listing of wild No comments were submitted that dama gazelle (G. d. lozanoi) were listed specimens only for all three species, demonstrate that the three antelope as endangered throughout their ranges noting that the captive herds are species do not qualify as endangered on June 2, 1970 (35 FR 8495). On relatively robust. They advised that under the Act. November 5, 1991, we published in the captive-breeding operations should not Federal Register (56 FR 56491) a be impeded in their efforts to maintain Summary of Factors Affecting the proposed rule to list the scimitar-horned globally managed captive herds. Species oryx, addax, and dama gazelle as According to the information provided, Section 4(a)(1) of the Act (16 U.S.C. endangered in The List of Threatened the large captive herds of these species 1531 et seq.) and regulations and Endangered Species [50 CFR retain a substantial level of genetic promulgated to implement the listing 17.11(h)]. We re-opened the comment diversity and are able to serve as sources provisions of the Act (50 CFR part 424) period on the Novermber 5, 1991, of specimens for reintroduction, as set forth the procedures for determining proposed rule to request information needed. The exotic ranching whether any species is an endangered or

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threatened species. A species may be Therefore, based on the best available Chad. By that period, however, the determined to be an endangered or information, we find that the scimitar- addax was becoming rare in some other threatened species on the basis of one or horned oryx, addax, and dama gazelle areas because of excessive killing. more of the five factors described in are in danger of extinction from the Thornback (1978) indicated that the last section 4(a)(1) of the Act. These factors present or threatened destruction, permanent populations of addax and their application to the three modification, or curtailment of their disappeared from Tunisia as early as antelopes are as follows: habitats or ranges. 1885, Egypt about 1970, northern Algeria in 1920–1922, A. Present or Threatened Destruction, B. Overutilization for Commercial, in 1942, and Libya in 1949. In the Modification, or Curtailment of Its Recreational, Scientific, or Educational 1970s, there were an estimated 2,500 Habitat or Range Purposes individuals in Chad, and also The ranges of all three species have Uncontrolled killing has contributed substantial numbers in southern been reduced as a result of habitat loss to the decline of all three species (IUCN Algeria, , Mali, Niger, and (Antelope Taxon Advisory Group 2002, 2003, Mallon and Kingwood 2001). . Newby and Magin (1989) IUCN 2003, Mallon and Kingwood Traditional hunting methods—involving reported that the addax had disappeared 2001), which has occurred through spears, bows, nets, and dogs—had little almost throughout its original range. overgrazing by domestic livestock. overall effect on antelope populations. They also reported that a group of 50– Severe have reduced large Rather, military and government 200 individuals in northeastern Niger areas of Sahelian and Saharan pasture, officials have inflicted the most might represent the last viable wild and traditional nomadism has declined devastating losses with access to off- population, but that a series of years in favor of permanent settlement and road vehicles and high-caliber with good rainfall in the late 1980s livestock rearing. The consequent weaponry. By the mid-1900s, intensive might have improved the situation. establishment of vast herds of domestic killing had exterminated the scimitar- More recently, Estes (1989) noted that livestock has led to competition for horned oryx in Morocco (M. Anechoum, there also were an estimated 200 forage, overgrazing, erosion, and in litt., September 2003). The addax animals still in Chad, fewer than 50 in accelerated desertification. Habitat loss population suffered its greatest Mali, and possibly a few in remote parts is also attributable to increased military reduction in numbers due to motorized of Algeria, Sudan, and Egypt. activity, construction, and mining in the uncontrolled killing following World An important new problem has been region, as well as the proliferation of all- War II (Antelope Taxon Advisory Group the arrival of non-resident hunters, terrain vehicles. See the November 5, 2002a). It is believed that the addax was mainly from other African countries and 1991, proposed rule for additional extirpated from Tunisia during the the . Traveling in large details on the causes of and 1930s, and the last animals were killed motorized caravans and equipped with geographical regions of decline. in Libya and Algeria in 1966 and 1970, automatic rifles, these parties have Habitat loss has been the main reason respectively. In 2001, an antelope ignored local laws and killed wildlife, for the possible extinction of scimitar- survey team observed many signs of including dama gazelle and addax, of horned oryx in the wild according to the recent antelope killing in Chad Algeria, Sudan, and Morocco, and more World Conservation Union (IUCN 2003). including abandoned carcasses, vehicle recently have concentrated their Reduction in habitat is also the major tracks, spent cartridges, and eyewitness attention in Mali and Niger (Newby threat to the addax. The decline of the reports. The most frequent killing was 1990). In Niger, killing of antelope is addax has closely paralleled that of the carried out by people with access to all- perpetrated by foreigners from the oryx. However, because the addax is terrain vehicles, such as the military, Arabian Gulf and military personnel. able to utilize waterless areas in the well-diggers, merchants, administrators, This may increase in the near future Sahara that are devoid of human and others (Monfort et al. 2001). when an airport is built in the region settlement and livestock, it has been Civil wars in Chad and Sudan in inhabited by antelope (Wacher et al. somewhat less affected than the oryx to particular have contributed to the 2003). habitat disturbance by humans and uncontrolled killing and harassment of The dama gazelle declined by half competition with domestic livestock the last large scimitar-horned oryx between 1991 and 2001, in part due to (Antelope Taxon Advisory Group populations (Antelope Taxon Advisory illegal killing (Mallon and Kingwood 2002a). Group 2002c). In the late 1970s, the 2001). See the November 5, 1991, Being able to utilize both semi-desert scimitar-horned oryx was estimated to proposed rule for additional details on and desert habitats the dama gazelle has number about 6,000 individuals, at least the overutilization for commercial, proved somewhat less susceptible to 5,000 of which were in Chad and the recreational, scientific, or educational habitat reduction and degradation than rest of which were split into separate purposes. the other two species. However, the groups in other countries. By the mid- Therefore, based on the best available dama gazelle is not as -resistant 1980s, there were only a few hundred information, we find that the scimitar- as the other two species. Thus, intensive left in the wild, with the only known horned oryx, addax, and dama gazelle drought coupled with overgrazing from viable groups being in Chad. However, are in danger of extinction from livestock can have an extreme impact on by 1989, only as many as 200 scimitar- overutilization for commercial, this species (Antelope Taxon Advisory horned oryx remained in Chad (Estes recreational, scientific, or educational Group 2002b). Noble (2002) estimates 1989). The same conflict that affected purposes. that the wild population of G. dama the scimitar-horned oryx continues to ruficollis is fewer than 200 specimens, affect the dama gazelle population C. Disease or that of G. dama dama is about 500 (Antelope Taxon Advisory Group According to S. Monfort, Chair, specimens, and G. dama mhorr is 2002a). Sahelo—Saharan Interest Group (SSIG), extinct in the wild. The IUCN (2003) has According to Harper (1945), the range research veterinarian, National identified human-induced habitat loss of the addax extended throughout the Zoological Park, Smithsonian Institution and degradation as a major threat Saharan region in the 19th century. In (in litt., October 2003), disease and contributing to the IUCN classification the 1920s, the species was reported to predation do not represent a threat to of the dama gazelle as endangered. occur in ‘‘immense herds’’ north of Lake the survival of these three antelopes.

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Based on the best available information, development of transboundary habitat and held for breeding and we find that the scimitar-horned oryx, protected areas (S. Monfort, in litt., eventual reintroduction. The founder addax, and dama gazelle are not in October 2003). stock was largely derived from captive- danger of extinction within the The United States and range-country breeding facilities. However, threats to foreseeable future from disease or governments, as well as most countries survival of the antelopes still occur predation. worldwide, are required to strictly outside of the fenced areas so regulate trade in these species because reintroduction into the wild has rarely D. Inadequacy of Existing Regulatory the scimitar-horned oryx, addax, and occurred. Mechanisms dama gazelle are listed in Appendix I of Because the remaining wild antelopes With the exceptions of Morocco, CITES. Listing in CITES Appendix I live in a harsh environment and are Senegal, and Tunisia, there is almost no requires strict regulation of international subject to severe natural pressures, they effective wildlife protection across the movement of these species, which may are especially vulnerable when adverse Sahelo-Saharan region (S. Monfort, in only be authorized in ‘‘exceptional human impacts compound the situation. litt., October 2003). Few areas are circumstances.’’ CITES provides some Human development projects that adequately protected due to limited protection, but these three species are include drilling water wells influence resources or lack of vigilance. In not threatened by trade. Thus, CITES is land-use patterns and increase the general, protected areas have no inadequate to prevent or reduce the human and domestic livestock conflict infrastructure or support to ensure threat of extinction for these species. with wildlife. For arid antelope species, protection of these species. Therefore, based on the best available this can result in increased direct (e.g., The Sahelo-Saharan range states have information, we find that the scimitar- killing) or indirect (e.g., grazing agreed to cooperate under the United horned oryx, addax, and dama gazelle competition) conflicts (S. Monfort, in Nations Environment Programme’s are in danger of extinction from litt., October 2003). In terms of natural Convention on Migratory Species inadequate existing regulatory pressures, Newby (1988) observed: ‘‘The (CMS). In 1994, the CMS adopted a mechanisms. effect of drought and desertification on resolution that recommended the E. Other Natural or Manmade Factors aridland wildlife in general, and on the development and the implementation of Oryx and Addax in particular, has been an Action Plan for the conservation of Captive breeding is a manmade factor catastrophic: fewer and smaller winter six species including the that has stemmed the decline of the pastures, rarefaction of dry-season scimitar-horned oryx, addax, and dama three species. It has provided the grazing, loss of shade and depletion of gazelle (UNEP/CMS 1999). founder stock necessary for vital sources of organic water. By the Comprehensive status reports of the reintroduction, maintenance of hot season, Oryx and Addax are species throughout the migration range otherwise potentially lost bloodlines, severely weakened, some die of hunger, based on the most recent surveys and and opportunities for research. The others of thirst. Reproduction is reports were compiled and an Action scimitar-horned oryx is possibly extinct disrupted or curtailed entirely; calves Plan was developed by experts from the in the wild and therefore, but for captive are aborted or abandoned at birth. In the Range States, neighboring countries, breeding, the species might be extinct. search for grazing, the wildlife is driven scientific institutions, and non- For addax and dama gazelle, they occur south prematurely and onto land governmental organizations. The Action in very low numbers in the wild, and a occupied by herders or farmers on the Plan for the conservation and significant percentage of remaining northern edge of the agricultural zone.’’ restoration of the Sahelo-Saharan specimens survive only in captivity Therefore, based on the best available antelopes and their habitats comprises (71% and 48%, respectively). The SSIG information, we find that the scimitar- the three following main objectives: 1. estimates that there are about 4,000– horned oryx, addax, and dama gazelle To restore range and numbers (conserve 5,000 scimitar-horned oryx, 1,500 are in danger of extinction from natural or restore potential habitats in areas of addax, and 750 dama gazelle in factors such as drought and manmade former occurrence, consolidate or captivity worldwide. Captive-breeding factors that result in habitat loss and reinforce populations, reintroduce programs operated by zoos and private uncontrolled killing. populations), 2. to reduce mortality ranches have effectively increased the (increase public awareness, census numbers of these animals while Conclusion populations, conserve relict habitats, genetically managing their herds. As In developing this rule, we have enact and enforce legislative measures, future opportunities arise for carefully assessed the best scientific and involve local communities), 3. to reintroduction in the antelope range commercial information available enhance international cooperation countries, captive-breeding programs regarding the past, present, and future (improve exchange of information and will be able to provide genetically threats facing these species. This technical expertise, raise funds for diverse and otherwise suitable information indicates that the wild conservation programmes). specimens. Currently, however, populations of the three antelopes have These objectives are included in the continued habitat loss and wonton declined drastically over the past 50 work of the Sahelo-Saharan Interest killing have made reintroduction years. The scimitar-horned oryx may Group (SSIG) which formed in 2000. nonviable in most cases. See 70 FR 5117 now be extinct in the wild. The declines The SSIG has conducted range country for a detailed discussion of the role of have resulted primarily from habitat antelope surveys (Monfort et al. 2001, captive breeding in the conservation of loss, uncontrolled killing, and the Wacher et al. 2003) and held meetings these species. inadequacy of existing regulatory that review current projects and propose Fenced reintroductions of scimitar- mechanisms. Because these threats further areas of research (Monfort 2003). horned oryx are ongoing in Morocco, place the species in danger of extinction While the work of the SSIG has Tunisia, and Senegal (Monfort in litt. throughout all or a significant portion of improved communication among 2003, Monfort 2003). Five dama gazelle their ranges (in accordance with the researchers and range state have been introduced to a large definition of ‘‘endangered species’’ in representatives interested in these enclosure in Senegal (Ba and Clark section 3(6) of the Act), we find that the species, it is not a regulatory body. 2003). These specimens are fenced in scimitar-horned oryx, addax, and dama There has been no progress in the large tracts of suitable or recovering gazelle are endangered throughout their

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ranges, pursuant to the Act. This action scimitar-horned oryx, addax, and dama Antelope Taxon Advisory Group. 2002b. will result in the classification of these gazelle. These prohibitions, in part, Addra or Dama Gazelle Fact Sheet. American species as endangered, wherever they make it illegal for any person subject to Zoo and Aquarium Association. http:// occur. the jurisdiction of the United States to www.csew.com/antelopetag. Antelope Taxon Advisory Group. 2002c. ‘‘take’’ (includes harass, harm, pursue, Available Conservation Measures Scimitar-Horned Oryx Fact Sheet. American hunt, shoot, wound, kill, trap, capture, Conservation measures provided to Zoo and Aquarium Association. http:// or to attempt any of these) within the www.csew.com/antelopetag. species listed as endangered or United States or upon the high seas; Ba, D.M. and B. Clark. 2003. Update on threatened under the Act include import or export; deliver, receive, carry, antelope conservation programs in Senegal. recognition of , transport, or ship in interstate Fourth Annual Sahelo-Saharan Interest requirements for Federal protection, and commerce in the course of commercial Group Meeting. Agadir, Morocco, pp. 9–10. prohibitions against certain practices. activity; or sell or offer for sale in Estes, R.D. 1989. The CBSG Aridland Recognition through listing encourages interstate or foreign commerce any Anelopes Workshop. Gnusletter 8(3):9–12. Harper, F. 1945. Extinct and vanishing and results in conservation actions by endangered wildlife species. It also is Federal, State, and private agencies and of the Old World. Special illegal to possess, sell, deliver, carry, Publication American Commission on groups, and individuals. The protection transport, or ship any such wildlife that required of Federal agencies and the International Wildlife Protection. No. 12. has been taken in violation of the Act. IUCN (World Conservation Union). 2003. prohibitions against take and harm are Certain exceptions apply to agents of the 2003 IUCN Red List of Threatened Species. discussed, in part, below. Service and State conservation agencies. http://www.iucn.org. Section 7(a) of the Act, as amended, Permits may be issued to carry out Mallon, D.P., and S.C. Kingswood and as implemented by regulations at 50 otherwise prohibited activities (Compilers). 2001. Antelopes. Part 4: North CFR part 402, requires Federal agencies involving endangered wildlife species Africa, the Middle East, and Asia. Global to evaluate their actions that are to be Survey and Regional Action Plans. SSC under certain circumstances. conducted within the United States or Antelope Specialist Group. IUCN: Gland, Regulations governing permits are upon the high seas, with respect to any Switzerland. codified at 50 CFR 17.22. With regard to species that is proposed to be listed or Monfort, S.L.. 2003. Comments submitted endangered wildlife, a permit may be is listed as endangered or threatened to U.S. Fish and Wildlife Service on issued for the following purposes: for proposed listing rule, Oct. 20, 2003. and with respect to its proposed or Monfort, S.L. (ed.) 2003. Fourth Annual designated critical habitat, if any is scientific purposes, to enhance the propagation or survival of the species, Sahelo-Saharan Interest Group Meeting, being designated. Because the scimitar- Agadir, Morocco, 67 p. horned oryx, addax, and dama gazelle and for incidental take in connection with otherwise lawful activities. Monfort, S.L., J. Newby , T.J. Wacher, J. are not native to the United States, no Tubiana, and D. Moksia. 2001. Sahelo- critical habitat is being proposed for Paperwork Reduction Act Saharan Antelope Survey, Republic of Chad. designation with this rule. Regulations Final Report. Sahelo-Saharan Interest Group/ An agency may not conduct or implementing the interagency UNEP–CMS. cooperation provision of the Act are sponsor and a person is not required to Newby, J.E. 1988. Aridland wildlife in codified at 50 CFR part 402. Section respond to a collection of information decline: The case of the scimitar-horned unless it displays a currently valid oryx. In A. Dixon and D. Jones (eds.), 7(a)(2) of the Act requires Federal Conservation and Biology of Desert agencies to ensure that activities they Office of Management and Budget (OMB) control number. This rule does Antelopes. Christopher Helm: London, pp. authorize, fund, or carry out are not 146–166. likely to jeopardize the continued not contain any new collections of information that require OMB approval. Newby, J.E. 1990. The slaughter of existence of a listed species or to Sahelian wildlife by Arab royalty. Oryx 24:6– destroy or adversely modify its critical However, OMB has approved the 8. habitat. If a proposed Federal action collection of information associated Newby, J.E., and C. Magin. 1989. Addax in may affect a listed species, the with endangered species permits and Niger: distribution, status and conservation responsible Federal agency must enter assigned control number 1018–0093, options. IUCN. Captive Breeding Specialist into formal consultation with the which expires June 30, 2007. For Group Meeting, San Antonio. additional information concerning Noble, D. 2002. Overview and status of Service. Currently, with respect to these captive antelope populations. Third Annual three antelopes, no Federal activities are permit requirements for endangered species, see 50 CFR 17.22. Sahelo–Saharan Interest Group Meeting, May known that would require consultation. 20–22, 2002, Za´mocka´, Slovakia, p. 41. Section 8(a) of the Act authorizes the National Environmental Policy Act Thornback, J. 1978. Red Data Book. provision of limited financial assistance Volume 1: Mammals. IUCN: Gland. for the development and management of We have determined that Switzerland. programs that the Secretary of the Environmental Assessments and UNEP/CMS 1999. CMS Technical Series Interior determines to be necessary or Environmental Impact Statements, as Publication No. 4: Conservation Measures for useful for the conservation of defined under the authority of the Sahelo-Saharan Antelopes. Action Plan and Status Report. UNEP/CMS Secretariat, Bonn, endangered or threatened species in National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347), need not be Germany foreign countries. Sections 8(b) and 8(c) Wacher, T., J. Newby, S. Monfort, A. of the Act authorize the Secretary to prepared in connection with regulations adopted pursuant to section 4(a) of the Dixon, and B. Houston. 2003. Sahelo-Saharan encourage conservation programs for Wildlife Surveys. Part two: Central and foreign listed species, and to provide Act. A notice outlining our reasons for South-Eastern Niger (February–March 2002). assistance for such programs, in the this determination was published in the Sahelo-Saharan Interest Group/UNEP–CMS. Federal Register on October 25, 1983 form of personnel and the training of Author personnel. (48 FR 49244). The Act and its implementing References Cited The primary author of this notice is regulations set forth a series of general Antelope Taxon Advisory Group. 2002a. Michael Kreger, Ph.D., Division of prohibitions and exceptions that apply Addax Fact Sheet. American Zoo and Scientific Authority, U.S. Fish and to all endangered wildlife. As such, Aquarium Association. http:// Wildlife Service (see ADDRESSES section; these prohibitions are applicable to the www.csew.com/antelopetag. telephone, 703–358–1708).

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List of Subjects in 50 CFR Part 17 PART 17—[AMENDED] List of Endangered and Threatened Wildlife; and Endangered and threatened species, I 1. The authority citation for part 17 I b.By adding entries for ‘‘Addax,’’ Exports, Imports, Reporting and continues to read as follows: ‘‘Gazelle, dama,’’ and ‘‘Oryx, scimitar- recordkeeping requirements, horned,’’ in alphabetical order under Transportation. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– MAMMALS, to the List of Endangered Regulation Promulgation 625, 100 Stat. 3500; unless otherwise noted. and Threatened Wildlife as set forth below. I Accordingly, we amend part 17, I 2. Amend § 17.11(h) as follows: § 17.11 Endangered and threatened subchapter B of chapter I, title 50 of the I a. By removing the entries for wildlife. Code of Federal Regulations, as follows: ‘‘Gazelle, Mhorr’’ and ‘‘Gazelle, Rio de * * * * * Oro Dama’’ under MAMMALS in the (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

MAMMALS Addax ...... Addax North Africa ...... Entire ...... E NA NA nasomaculatus.

******* Gazelle, dama ...... Gazella dama ...... North Africa ...... Entire ...... E 3 NA NA

******* Oryx, scimitar- Oryx dammah ...... North Africa ...... Entire ...... E NA NA horned.

*******

Dated: August 19, 2005. Tuna Conventions Act. NMFS hereby international conservation and Marshall P. Jones, Jr., closes the U.S. longline fishery directed management of highly migratory species Director, Fish and Wildlife Service. at bigeye tuna in the Convention Area of fish in the Convention Area. The [FR Doc. 05–17431 Filed 9–1–05; 8:45 am] for the remainder of 2005 because the Convention Area for this purpose is BILLING CODE 4310–55–P bigeye tuna catch in the Convention defined to include the waters of the ETP Area has reached the reported level of bounded by the coast of the Americas, catch made in 2001. This action is the 40° N. and 40° S. parallels, and the DEPARTMENT OF COMMERCE intended to limit fishing mortality on 150° W. meridian. The IATTC has bigeye tuna stock caused by longline maintained a scientific research and National Oceanic and Atmospheric fishing in the Convention Area and fishery monitoring program for many Administration contribute to the long-term conservation years and annually assesses the status of of bigeye tuna stock at levels that stocks of tuna and the fisheries to 50 CFR Part 300 support healthy fisheries. determine appropriate harvest limits or [Docket No. 050719189–5231–02; I.D. DATES: Effective August 30, 2005 other measures to prevent 081105E] through December 31, 2005. overexploitation of tuna stocks and ADDRESSES: Southwest Regional promote viable fisheries. Under the RIN 0648–AT33 Administrator, Southwest Region, Tuna Conventions Act, 16 U.S.C. 951– 961 and 972 et seq., NMFS must publish International Fisheries; Pacific Tuna NMFS, 501 W. Ocean Blvd., Suite 4200, regulations to carry out IATTC Fisheries; Restrictions for 2005 Long Beach, CA 90902–4213. recommendations and resolutions that Longline Fisheries in the Eastern FOR FURTHER INFORMATION CONTACT: J. have been approved by DOS. The Tropical Pacific Ocean Allison Routt, Sustainable Fisheries Division, Southwest Region, NMFS, Southwest Regional Administrator also AGENCY: National Marine Fisheries (562) 980–4030. is also required by regulations at 50 CFR Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: 300.299(b)(3) to issue a direct notice to Atmospheric Administration (NOAA), the owners or agents of U.S. vessels that Department of Commerce. Electronic Access operate in the ETP of actions ACTION: Temporary rule; emergency This Federal Register document is recommended by the IATTC and action. also accessible via the Internet at the approved by the DOS. A notice to the Office of the Federal Register’s website fleet was sent May 31, 2005, advising SUMMARY: This emergency action, at http://www.gpoaccess.gov/. the U.S. bigeye tuna longline fleet of implemented under the regulations for The United States is a member of the anticipated actions for the 2005 fishing the Pacific Tuna Fisheries, will prevent IATTC, which was established under year. overfishing of bigeye tuna in the eastern the Convention for the Establishment of The IATTC recommended, and the tropical Pacific Ocean (ETP), consistent an Inter-American Tropical Tuna DOS approved, a measure whereby the with recommendations by the Inter- Commission signed in 1949 U.S. longline fishery for bigeye tuna in American Tropical Tuna Commission (Convention). The IATTC was the Convention Area wouldill close for (IATTC) that have been approved by the established to provide an international the remainder of calendar year 2005 if Department of State (DOS) under the arrangement to ensure the effective the catch of bigeye tuna by U.S. longline

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