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DEPARTMENT OF THE INTERIOR proposed rule, 32 were opposed to The tropical species would survive in adding snakeheads to the list of the warmest waters such as extreme Fish and Wildlife Service injurious fishes, and 34 stated their southern Florida, perhaps parts of support for the proposed rule. Of the southern California, Hawaii, and certain 50 CFR Part 16 386 nonrelevant or nonsignificant thermal spring systems and their RIN 1018–AI36 comments, 353 were electronic outflows in the American west. The messages that were generated tropical to subtropical species would Injurious Wildlife Species; Snakeheads erroneously, 13 were electronic have a similar potential range of (family Channidae) messages pertaining to investment distribution as for tropical species but scams, 8 were electronic messages with a greater likelihood of survival AGENCY: Fish and Wildlife Service, pertaining to advertising, one comment during cold winters and more Interior. offered a resume for employment northward limits. The tropical or ACTION: Final rule. opportunities, 2 were unknown, 2 subtropical to warm temperate species offered suggestions/opinions on treating could survive in most southern States. SUMMARY: The U.S. Fish and Wildlife the ponds in Crofton, Maryland, and 7 The warm temperate, and warm Service adds all species of snakehead provided information on sightings of temperate to cold temperate, species fishes in the Channidae family to the list snakeheads. Of the 67 comments that could survive in most areas of the of injurious fish, mollusks, and were considered relevant and United States. crustaceans. By this action, the Service significant, one came from a Federal Although the tropical to subtropical prohibits the importation into or agency, 12 from private organizations, 8 species of snakehead fishes are not transportation between the continental from State agencies, and 46 from private likely to become established in the United States, the District of Columbia, individuals. northern waters of the United States, all Hawaii, the Commonwealth of Puerto We reviewed all comments received of the Channidae species, including the Rico, or any territory or possession of for substantive issues and new dwarf species, are aggressive and highly the United States. The best available information regarding the injurious predatory. Should a species of information indicates that this action is nature of snakehead fishes. Similar snakehead fishes be accidentally or necessary to protect wildlife and comments were grouped into issues; intentionally released into U.S. waters, wildlife resources from the purposeful these issues and our responses to each the 131 taxa of threatened and or accidental introduction and are presented below: endangered amphibians, fishes, and subsequent establishment of snakehead Issue 1: One respondent stated that crustaceans could face additional populations in ecosystems of the United some readers may not understand that threats. Additionally, because States. Live snakehead fishes or viable snakeheads are fishes until it’s stated snakehead fishes are morphologically eggs can be imported only by permit for later in the proposed rule. The very similar, it would be very difficult scientific, medical, educational, or respondent suggested clarifying the rule for biologists, wildlife inspectors at zoological purposes, or without a permit by using the terms ‘‘snakehead fish’’ or entry ports, and law enforcement agents by Federal agencies solely for their own ‘‘snakehead fishes’’ either early in the to differentiate among species of use; permits will also be required for the rule or throughout the rule. snakeheads. interstate transportation of live Response: The Service agrees with the Based upon the aggressive, predatory snakeheads or viable eggs currently held respondent’s comments on this issue. nature of all species of snakehead fishes, in the United States, for scientific, The suggested changes to improve the fact that one or more species could medical, educational, or zoological clarification are used in the final rule. become established in most waters of purposes. This final rule becomes Issue 2: Twenty-one respondents the United States, and the fact that it is effective immediately upon publication. requested that we not list the entire very difficult to differentiate among the DATES: This rule is effective October 4, family of snakehead fishes (Channidae) species of snakeheads, the Fish and 2002. as injurious, but that we list those Wildlife Service has determined that all FOR FURTHER INFORMATION CONTACT: Kari species (up to five species) that are large 28 of the currently recognized species of Duncan, Division of Environmental and cold tolerant. The respondents snakehead fishes in the Channidae Quality, Branch of Invasive Species at stated that the small, temperature- family should be listed as injurious (703) 358–2464 or sensitive species used in the aquarium fishes under the Lacey Act. [email protected]. hobby would not pose a threat in most Issue 3: Six respondents indicated of the United States because, if released, that most hobbyists and fish keepers are SUPPLEMENTARY INFORMATION: they would not survive the cold responsible and know that releasing Background climates. exotic species into the environment is Response: We acknowledge that five dangerous to the environment. The Summary of Actions Taken and of the 28 species recognized in the respondents indicated that the Comments Channidae family at this time are responsible hobbyists should not be The Fish and Wildlife Service considered large, approximately 6 are punished and all species of snakehead published a proposed rule in the July considered dwarf species, and the fishes should not be listed as injurious. 26, 2002 (67 FR 48855), Federal remaining species are considered Additionally, most of these respondents Register based upon information we medium-size snakehead fishes. As we stated that an educational campaign obtained indicating that snakehead presented in the proposed rule, the should be initiated to explain the fishes are injurious to the wildlife and family Channidae contains 9 species hazards of releasing exotic species into wildlife resources of the United States. that are strictly tropical, 4 can be the environment and encourage the The proposed rule invited comments for considered tropical to subtropical, one proper disposition of unwanted pets. 30 days ending August 26, 2002. We is subtropical, 12 can tolerate tropical or Response: The Service appreciates received 453 written comments during subtropical to warm temperate that most hobbyists and fish keepers are this period. Of those 453 comments, 386 conditions, one is warm temperate, and responsible and properly dispose of were nonrelevant or nonsignificant, one one is warm temperate to cold unwanted pets. It is to the tremendous offered editorial suggestions on the temperate. credit of hobbyists that snakehead fishes

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have been imported into the United to hobbyists. However, as stated above, associated with snakehead fishes in States and only a small number have the decision to list the Channidae family 2001. Consequently, the injurious been found in the wild. This rule is not of snakehead fishes is based upon wildlife listing was being developed intended to punish hobbyists; it is based scientific data on the hazards that these within the Service before the recent upon the scientific evidence that fishes would present to the wildlife and media attention. indicates that snakehead fishes are wildlife resources of the United States. Outside of what is published in our aggressive and highly predatory and Dead or frozen snakehead fishes can official press releases, the Service has therefore threaten the wildlife and continue to be imported and transported no control over what is published in the wildlife resources of the United States. as an alternative to importing live media. We agree that some of the facts It is important to note that individuals snakeheads. have been exaggerated, and we have or organizations who possessed Issue 5: Two respondents stated that taken measures to correct snakeheads prior to the injurious they consider the injurious wildlife misinformation that has appeared in the wildlife listing in States where listing of snakehead fishes to be racist media. possession of snakeheads is legal will be against the Asian American community Issue 7: Thirteen respondents stated able to continue to possess them; because it would prohibit the use of a that snakehead fishes threaten however, they will be prohibited from valuable food source and protect the ecological harmony, present major risks transporting them across State lines. sport activity of European Americans. to ecosystems and aquatic communities, The Fish and Wildlife Service has Additionally, the respondents indicated and could eliminate some of our initiated a national public awareness that the Service should consult with the threatened and endangered species that campaign known as Stop Aquatic Asian American community and that we are restricted in distribution. The Hitchhikers! This campaign targets should consider snakeheads as an respondents also stated that the United aquatic recreation users to raise their economic resource and not a threat. States has a well-documented history of awareness about the growing aquatic Response: The decision to list adverse consequences to native species invasive species problem and to snakehead fishes as injurious under the due to the introduction of other encourage them to become part of the Lacey Act is based solely on the nonnative species. solution in preventing the spread of biological characteristics of the fishes Response: The Service agrees with the harmful, nonnative species. While and the need to protect our native respondents’ comments on these issues. aquatic recreation users may not be wildlife and wildlife resources, and is in The biological characteristics of responsible for bringing these species no way based upon race or ethnicity, or snakehead fishes and their potential to into the country, they may inadvertently preserving recreational opportunities for be injurious to the wildlife and wildlife transport them overland. The Service is certain sectors of the population. We resources of the United States is the working with State fish and wildlife have substantial scientific data that basis for our decision to add snakeheads agencies, conservation organizations, describe the harm that snakehead fishes to the list of injurious fishes under the and the fishing and boating industries to cause when introduced outside of their Lacey Act. address this issue. The campaign has a native range and are likely to cause if Issue 8: Two respondents stated that supporting web site with the address: released into U.S. waters. the fines are too lenient compared to the http://www.protectyourwaters.net. According to our Law Enforcement potential ecological devastation caused The Service is considering the data, 372 individuals and 892 kilograms by the potential establishment of development of a new campaign similar of snakehead fishes were imported into snakeheads. to Stop Aquatic Hitchhikers! that would the United States in 1997; 1,488 Response: The Secretary of the target aquarium hobbyists. This individuals and 1,883 kilograms were Interior has the authority under the campaign would be conducted in imported in 1998; 6,044 individuals and Lacey Act to add species to the injurious conjunction with the Pet Industry Joint 8,512 kilograms were imported in 1999; wildlife list, but the Secretary does not Advisory Council, the largest trade 8,650 individuals and 9,240 kilograms have the authority to change the association in the United States were imported in 2000; and 20,547 penalties. The penalties are established representing the pet industry in individuals were imported in 2001. We by statute and can be changed by an act Washington, DC, and it would focus on do not have information on how many of Congress. raising awareness about aquatic invasive of those imports contained young fishes Issue 9: Three respondents stated that species, and encouraging aquarium destined for the aquarium trade and the prohibition on importation and hobbyists to adopt preventive actions to how many were larger individuals interstate transportation of snakehead avoid having unwanted aquarium fish destined to be sold as live food fish. fishes would not significantly impact and plant species become part of our While the importations did increase the aquarium industry. They also stated environment. The campaign would be a between 1997 and 2001, the importation that the humane disposition of multi-layered, voluntary effort, and of snakehead fishes into the contiguous snakeheads will be encouraged. would encourage aquarium species United States does not appear to Response: The Service is pleased that importers, wholesalers, retailers and represent a significant portion of live this action will not result in significant consumers to focus on how the fish imports. We suggest that all persons financial losses to aquarium fish aquarium industry is a responsible who previously used live snakeheads as producers, wholesalers, and retailers. economic sector that collectively values a food fish consider the use of dead or We are also encouraged that the the environment and seeks to protect it frozen fish as an alternative. respondents are willing to proactively while simultaneously enjoying the Issue 6: Two respondents indicated promote the humane disposal of the benefits of the aquarium hobby. that the proposed listing of snakehead fishes, thereby reducing the risk that Issue 4: Two respondents stated that fishes was based more on hype than they would be introduced into the they are opposed to the injurious fact, and is an overreaction to media environment. wildlife listing because snakehead attention. Issue 10: Three respondents stated fishes are valuable food fish. Response: As a result of the discovery that they are opposed to listing the Response: The Service recognizes the of the bullseye snakeheads in south family Channidae by simply referring to value of snakehead fishes as a food Florida, the U.S. Geological Survey and ‘‘Channidae’’ because the taxonomy is source, just as we recognize their value the Service began evaluating the risks not clear and not all people are

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conversant with scientific names. The viable eggs imported or transported TABLE 1.—CURRENTLY RECOGNIZED respondents suggested we revise 50 CFR under a permit may be sold, donated, SPECIES OF THE FAMILY CHANNIDAE 16.13 to resemble a list instead of a traded, loaned, or transferred to any (AFTER MUSIKASINTHORN, 2000, paragraph, and that we include the other person or institution unless such 2001).—Continued genus, species, and common names of person or institution has a permit issued all currently recognized snakehead by the Director of the U.S. Fish and Channa maculata (Lacepe´de, 1802)— species, as well as the family name. Wildlife Service. The interstate blotched snakehead. Response: We have accepted this transportation of any live snakehead Channa marulius (Hamilton, 1822)—bullseye suggestion and made the changes in this fish or viable eggs currently held in the snakehead. rule. We have also included synonyms United States for any purpose is Channa maruloides (Bleeker, 1851)—em- for the Channa and Parachanna genera. prohibited without a permit. peror snakehead. Issue 11: One respondent expressed Channa melanoptera (Bleeker, 1855)—no concern that permits for importation Biology common name known. Two genera of snakehead fishes are Channa melasoma (Bleeker, 1851)—black and interstate transportation can be snakehead. issued for medical purposes under the currently recognized in the family Channa micropeltes (Cuvier, 1831)—giant Lacey Act. The respondent indicated Channidae. They are Channa snakehead. that permits should be granted only to (snakehead fishes of Asia, Malaysia, and Channa nox (Zhang, Musikasinthorn, and accredited medical institutions. Indonesia) and Parachanna (African Watanabe, 2002)—no English common Response: As described in 50 CFR snakeheads). Synonyms include name. 16.22, the Director of the Fish and Bostrychoides, Ophicephalus and its Channa orientalis Schneider, 1801—Ceylon Wildlife Service may issue permits for misspelled form Ophiocephalus, and snakehead. the importation and interstate Parophiocephalus. Although 86 species Channa panaw Musikasinthorn, 1998—no transportation of injurious species only and 4 subspecies have been described English common name; ng panaw for scientific, medical, educational, or (Eschmeyer, 1998), current taxonomy is (Myanmar). zoological purposes. Persons or Channa pleurophthalmus (Bleeker, 1851)— in flux with approximately 28 species ocellated snakehead. institutions wishing to apply for a recognized as valid (Musikasinthorn, Channa punctata (Bloch, 1793)—spotted permit must meet the application 2001; Table 1). Because their snakehead. requirements, additional permit morphology is very similar, it is very Channa stewartii (Playfair, 1867)—golden conditions, and issuance criteria as set difficult to differentiate among species snakehead. forth in 50 CFR 16.22. Permits are of snakeheads. Juvenile and adult color Channa striata (Bloch, 1797)—chevron issued only to legitimate individuals patterns are often quite different (Day, snakehead. and/or institutions for medical research, 1875; Lee and Ng, 1991, 1994), and Parachanna africana (Steindachner, 1879)— scientific, zoological, or educational some are quite variable in size and Niger snakehead. purposes. color, and may represent species Parachanna insignis (Sauvage, 1884)— Congo snakehead. Description of the Final Rule complexes. A taxonomic revision of the Parachanna obscura (Gu¨nther, 1861)—Afri- family, expected to be published within can snakehead. The regulations contained in 50 CFR the next two years, will likely result in part 16 implement the Lacey Act (18 additional species being recognized as U.S.C. 42) as amended. Under the terms valid and perhaps new species Snakehead fishes have distinctive of that law, the Secretary of the Interior described. morphological features as follows: Long, is authorized to prohibit by regulation almost cylindrical body; long dorsal and certain activities involving wild TABLE 1.—CURRENTLY RECOGNIZED anal fins, and all fins supported only by rays; most with large scales on head, mammals, wild birds, fish (including SPECIES OF THE FAMILY CHANNIDAE mollusks and crustaceans), amphibians, somewhat similar to the large epidermal (AFTER MUSIKASINTHORN, 2000, reptiles, and the offspring or eggs of any scales on the heads of snakes (hence the of the foregoing that are injurious to 2001). common name, snakeheads); eyes human beings, to the interests of dorsolateral (back and side) and located agriculture, horticulture, or forestry, or Channa amphibeus (McClelland, 1845)—no on the anterior portion of the head; common name known. to the wildlife or wildlife resources of Channa argus (Cantor, 1842)—northern tubular, anterior nostrils; pectoral and the United States. The lists of injurious snakehead. caudal fin margins rounded; large wildlife species are at 50 CFR 16.11 to Channa asiatica (Linnaeus, 1758)—Chinese mouth with protruding lower jaw; lower 16.15. By adding snakehead fishes to the snakehead. jaw always toothed, and prevomer and list of injurious wildlife, their Channa aurantimaculata Musikasinthorn, palatines often toothed; some lower jaw importation into, and transportation 2000—no English common name; naga- teeth canine-like, and canines present or between, States, the District of cheng (Assam, India). absent on prevomer and palatines; most Columbia, the Commonwealth of Puerto Channa bankanensis (Bleeker, 1852)—Bang- species with pelvic fins present; and ka snakehead. Rico, or any territory or possession of Channa baramensis (Steindachner, 1901)— ventral aorta typically divided into two the United States by any means Baram snakehead. portions, one serving the gills and the whatsoever is prohibited, except by Channa barca (Hamilton, 1822)—barca other the suprabranchial (above the permit for zoological, educational, snakehead. gills) chambers. Suprabranchial medical, or scientific purposes (in Channa bleheri Vierke, 1991—rainbow chambers of Channa are non-labyrinthic accordance with permit regulations at snakehead. (complex system of paths/tunnels), and 50 CFR 16.22), or by Federal agencies Channa cyanospilos (Bleeker, 1853)— made up of two plates, one formed by without a permit solely for their own bluespotted snakehead. the first epibranchial (above the gills), Channa gachua (Hamilton, 1822)—dwarf use, upon filing a written declaration snakehead. the second from the hyomandibular; with the District Director of Customs Channa harcourtbutleri (Annandale, 1918)— those of Parachanna consist of a single and the U.S. Fish and Wildlife Service Inle snakehead. cavity with elements from the Inspector at the port of entry. No live Channa lucius (Cuvier, 1831)—splendid epibranchial of the first gill arch and snakehead fish, progeny thereof, or snakehead. hyomandibular absent.

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Two larger snakehead species, capable of spawning five times per year. The bullseye snakehead, C. marulius, Channa marulius and C. maruloides, There are several reports that when the largest species of snakehead, has superficially resemble the native snakeheads pair, the pair remains been reported to produce approximately bowfin, Amia calva, in that all three are monogamous for a spawning season, 40,000 oo¨cytes (Jhingran, 1984). Frank elongated fishes, have long dorsal fins, perhaps longer, but a pair may not mate (1970) reported that the northern tubular nostrils, and an ocellus for life. snakehead, C. argus, produced (eyespot) at the base of the upper Snakehead fishes build nests by approximately 50,000 oo¨cytes. Frank’s portion of the caudal fin. The bowfin, clearing a generally circular area in data came from Nikol’skiy (1956) who however, has its pelvic fins in a more aquatic vegetation, often weaving the recorded fecundity of 22,000 to 51,000 abdominal rather than thoracic or removed vegetation around the centrally in northern snakehead from the Amur anterior-abdominal position, and the cleared area. This results in a vertical basin. Dukravets and Machulin (1978) anal fin is not elongated. Moreover, the column of water surrounded by gave fecundity rates of 28,600 to a high bowfin does not have a rosette (circular vegetation. One species (C. punctata) of 115,000 for northern snakehead arrangement) of enlarged scales on top prepares elaborate tunnels through (probably from Yangtze River stock) of the head. vegetation leading into the nest column. introduced to the Syr Dar’ya basin of Species and species complexes of the At time of spawning, the male and Turkmenistan/Uzbekistan. They also genus Channa are native from female move upward into the central noted that, although the growth of southeastern Iran and eastern region of the nest column. The male northern snakehead is slower than that Afghanistan eastward through Pakistan, entwines his body around that of the reported for this species from the Amur India, southern Nepal, Bangladesh, female, with some species appearing to basin, growth rates from both stocks Myanmar (Burma), Thailand, Laos, ‘‘dance’’ in the water column as eggs are become equal once sexual maturity is Malaysia, Sumatra, Indonesia, and released and fertilized (Breder and reached. China northward into Siberia. Of the Rosen, 1966; Ng and Lim, 1990). Eggs Oo¨cytes, when released from the currently recognized 25 species of are buoyant, rising to the surface of the female parent, are small, ranging from Channa, 9 species and representatives nest column, where they are vigorously approximately 1 mm to slightly over 2 of 4 species complexes occur in guarded by one or both parents. mm in diameter, depending on species. peninsular Malaysia, Sumatra, and/or Snakeheads in two species complexes Fertilization takes place by the male Indonesia. Of the same 25 species, 16 (C. gachua and C. orientalis) are releasing milt (sperm) on the oo¨cytes (or species and members of 5 species mouthbrooders, with the male being the eggs) as they emerge from the female. complexes are tropical to subtropical; mouthbrooder of fertilized eggs and, Eggs contain an oil droplet within the members of three species complexes are later, fry. Most snakehead fishes, yolk mass, which causes them to rise to temperate; and one species is temperate however, are not mouthbrooders, but the surface. Development time to to boreal and can live beneath ice in the one or both parents guard their young hatching varies with water temperature northern portion of its range. The three vigorously; one species (C. micropeltes) and, to a lesser extent, with the species species of Parachanna are native to reportedly attacked and in some involved. For example, hatching Africa and are tropical. instances killed humans who occurred in 54 hours at 16–26°C and 30 Snakeheads are considered as non- approached the mass of young (Kottelat, hours at 28–33°C in Channa punctata ostariophysan primary freshwater fishes 1993). Thus, parental care, whether by (Khan, 1924). In the northern (Mirza, 1975, 1995), meaning they have mouthbrooding or guarding, is a snakehead, C. argus, eggs hatch in 28 little or no tolerance for seawater. behavioral characteristic of snakehead hours at 31°C, 45 hours at 25°C, and 120 Habitat preferences vary by species or fishes. Successful spawning in the hours at 18°C. species complex, with a majority absence of vegetation has also been Early life history: In general, newly occurring in streams and rivers. Others reported for three species of snakeheads hatched fry, depending on species, are occur in swamps, rice paddies, ponds, (Parameswaran and Murgesan, 1976b). about 3.0—3.5 mm in length. Following and ditches. All can tolerate hypoxic Fecundity and early development: yolk absorption, snakehead fry begin (low oxygen) conditions because they There is limited information on feeding on zooplankton. Fry typically are airbreathers from late juvenile fecundity (capacity to produce remain together until they reach early stages. Where known, pH range varies offspring) except for those snakehead juvenile stage, guarded by one or both by species with one (Channa fishes of commercial importance. adults, or until they can fend for bankanensis) preferring highly acidic Nevertheless, that information shows a themselves (Lee and Ng, 1994). Late (pH 2.8–3.8) waters. At least three pattern that likely applies to the entire juveniles of the giant snakehead, species are tolerant of a wide pH range; family Channidae. Smaller species, such Channa micropeltes, school and feed in C. gachua, C. punctata, and C. striata as Channa gachua and C. orientalis, packs (Lee and Ng, 1991). Although survived for 72 hours at pH levels produce few oo¨cytes or unfertilized there are few reports of early life history ranging from 4.25 to 9.4 (Varma, 1979). ‘‘eggs’’ (about 20 when sexual maturity except for species of commercial Spawning seasons vary by species. is first reached and later up to 200; Lee importance, it appears that, as larval While information on reproductive and Ng, 1991, 1994). Both are snakeheads mature to early juvenile biology of many species is lacking, considered to be ‘‘species complexes’’ stages, the diet changes to small several conclusions can be drawn from and one or both ‘‘species’’ contain crustaceans and insects, particularly those for which this information is mouthbrooding adults; low fecundity is insect larvae. Presence of available. Breeding in several species a general rule among mouthbrooding phytoplankton, plant material, and occurs primarily in summer months fishes (Breder and Rosen, 1966). detritus in the digestive system of young (June through August), and in at least Fecundity increases greatly in larger snakeheads, as well as adults, appears to two (the Channa striata species snakehead species and appears to follow occur from incidental ingestion. complex and C. punctata), breeding increasing body length. For example, Respiration and overland migrations: pairs can be found throughout the year. Quayyum and Quasim (1962) recorded Snakeheads are highly evolved Some species spawn twice each year. fecundity ranging from 2,300 to 26,000 airbreathing teleostean (bony) fishes, Okada (1960) reported that female oo¨cytes for C. striata, increasing in and many are capable of overland northern snakeheads, C. argus, are number with increasing body length. migration by wriggling motions (Lee and

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Ng, 1991; Berra, 2001). They possess behavior. Overland migrations likely a few years. Most larger snakeheads are suprabranchial (above the gills) apply to those species whose native reported to reach sexual maturity in two chambers for aerial respiration, and the range is subject to seasonal dry/wet (or years, after which growth slows but ventral aorta is divided into two monsoonal) conditions (encompassing fecundity increases with increasing size. portions to permit bimodal (aquatic and much of western to southeastern Asia, Feeding habits: There are few studies aerial) respiration (Das and Saxena, where a majority of snakehead species of feeding habits of snakeheads. For 1956; Graham, 1997). The exist). those species studied, following yolk- Hypoxic survival: Snakehead fishes suprabranchial chambers become sac absorption, snakehead fry feed functional during the juvenile stage of are either obligate or facultative mostly on zooplankton. As juveniles, growth (Graham, 1997), following which airbreathers. Therefore, survival in they feed on insect larvae, small some species of snakehead fishes are hypoxic waters is not problematic to crustaceans, and fry of other fishes obligate (limited, bound to a restricted these fishes. When prevented from (Munshi and Hughes, 1992). What is environment) and others are facultative access to the surface, some adult universal in reports of adult feeding (optional, ability to live under varied snakeheads will drown due to lack of habits is that snakeheads are predators conditions) airbreathers. In Channa, the oxygen (Day, 1868, Lee and Ng, 1991). with many species showing a preference chambers open into the pharynx Moreover, snakeheads can remain out of for other fishes, although they may also through inhalent openings. The water for considerable periods of time as consume crustaceans, frogs, smaller chamber lining contains respiratory long as they remain moist. Some reptiles, and larger species may ‘‘islets’’ with vascular papillae. The snakeheads, especially Channa striata, sometimes consume birds and small chambers can be filled with air or water. can bury themselves in mud during mammals. Under conditions of food In addition, in C. striata, there are also times of drought (Smith, 1965). They are deprivation, snakeheads can become vascular structures in the mouth and known to secrete mucus that helps to cannibalistic on their own young. The pharynx that can be utilized for reduce desiccation and facilitates piscivorous (fish-eating) nature of respiration; these, however, can be cutaneous breathing (Mittal and Banerji, snakeheads has led to the use of some retracted into depressions to prevent 1975; Lee and Ng, 1991). species (C. striata and C. micropeltes in damage when feeding (Munshi and Fishers in Thailand are aware of this particular) to control tilapia populations Hughes, 1992). habit and, during drought periods, will in aquaculture. Some channids, perhaps all, have a slice into the mud until they locate the circadian rhythm in oxygen uptake. fish (Smith, 1965). Associated diseases and parasites: Channa marulius, for example, showed For larger species of snakeheads such Investigations of diseases and parasites a peak in oxygen uptake at night. C. as Channa marulius, young are of snakeheads concentrate on those striata and C. gachua peaked in early facultative airbreathers and adults are species of importance in aquaculture. night hours, and C. punctata at dusk obligate breathers (Wee, 1982), but all Bykhovskaya-Pavlovskaya et al. (1964) (Munshi and Hughes, 1992). Munshi species are airbreathers. cited Channa argus as hosting 18 and Hughes (1992) attributed these Lifespan: No specific information on parasite species (Table 2). Two of the rhythms to evolution in swamp lifespan can be found in the literature. same parasites listed by Bykhovskaya- ecosystems (i.e., the rhythm is a Nevertheless, one species (C. marulius) Pavlovskaya et al. (1964) were reported property of the ecosystem). is reported to reach a total length of 1.8 from the digestive tracts of northern It is unknown how many species of meters in Maharashtra State, India snakehead from Kyungpook Province, snakehead fishes are capable of (Talwar and Jhingran, 1992), indicating Korea, from 115 specimens collected overland migrations, but several are a relatively long lifespan. Smaller between 1995 and 1997. The trematode known to do so. These migrations from snakeheads, such as members of the C. Azygia hwangtsinyi was found in 47% drying habitats in search of those with gachua and C. orientalis species of the samples and the nematode Pingis water are probably driven by instinctive complexes, may not live for more than sinensis in 73%.

TABLE 2.—PARASITES OF NORTHERN SNAKEHEAD, Channa argus (ADAPTED FROM BYKHOVSKAYA-PAVOLOVSKAYA ET AL. (1964)

Parasite Group Host issues Other fishes affected

Myxidium ophiocephali ...... Myxosporidia ...... Gall bladder, liver ducts. Zschokkella ophiocephalli ...... Myxosporidia ...... Kidney tubules. Neomyxobolus ophiocephalus ...... Myxosporidia ...... Gill filaments. Mysosoma acuta ...... Myxosporidia ...... Gill filaments ...... crucian carp. Myxobolus cheisini ...... Myxosporidia ...... Gill filaments. Henneguya zschokkei? ...... Myxosporidia ...... Gills, subcutaneous, salmonids (tubercle dis- musculature. ease of salmonids). Henneguya ophiocephali ...... Myxosporidia ...... Gill arches, suprabranchial chambers. Henneguya vovki ...... Myxosporidia ...... Body cavity. Thelohanellus catlae ...... Myxosporidia ...... Kidneys. Gyrodactylus ophiocephali ...... Monogenoidea ...... Fins. Polyonchobothrium ophiocephalina ...... Cestoidea ...... Intestine. Cysticercus Gryporhynchus cheilancristrotus ...... Cestoidea ...... Gallbladder, intestine cyprinids, perches. Azygia hwangtsiu¨i ...... Trematoda ...... Intestine. Clinostomum complanatum ...... Trematoda ...... Body cavity ...... perches. Pingis sinensis ...... Nematoda ...... Intestine. Paracanthocephalus curtus ...... Acanthocephala ...... Intestine ...... cyprinids, esocids, sleep- ers, bagrid catfishes.

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TABLE 2.—PARASITES OF NORTHERN SNAKEHEAD, Channa argus (ADAPTED FROM BYKHOVSKAYA-PAVOLOVSKAYA ET AL. (1964)—Continued

Parasite Group Host issues Other fishes affected

Paracanthocephalus tenuirostris ...... Acanthocephala ...... Intestine. Lamproglena chinensis ...... Copepoda ...... Gills.

Literature on parasites of snakeheads illegal activity, confiscations, citations, will be repeated in 2002. Until includes numerous descriptions of new or investigations have occurred in six of reproduction has been confirmed, the species, not detailed herein, but those States within the past two years species is considered present but not indicates that most studies concentrate (Alabama, California, Florida, Kentucky, established. This species is not involved on cultured fishes such as Channa Texas, and Washington). in the aquarium fish trade, but is sold argus, C. punctata, and C. striata. The Florida: An established population of in live food fish markets as a food fish. potential threat of these parasites to the bullseye snakehead, Channa The most likely pathway is introduction native North American fishes has yet to marulius, was discovered in residential of live food fish, perhaps to establish a be examined. lakes and adjoining canals in Tamarac, local source. The northern snakehead is A disease that received broad Broward County, Florida, in 2001 sold in live food fish markets and some attention is epizootic ulcerative (Florida Fish and Wildlife Conservation restaurants in Boston and New York, syndrome (EUS) that causes high Commission, 2001). It is unknown how where snakeheads are legal. Live C. mortality in snakeheads, particularly long this species has occupied these argus were confiscated in Washington Channa striata and C. punctata under waters, perhaps several years, but both (100 individuals, alive on ice, destined intensive culture. EUS involves several juveniles and adults have been for the international district of Seattle), pathogens, including motile aeromonad collected, which indicates reproductive a market in Houston, Texas (Howells et bacteria (e.g., Aeromonas hydrophila, A. success. This species is the largest of al., 2002), markets in Miami and caviae, Pseudomonas fluorescens; snakeheads, with adults commonly Plantation, southeastern Florida, in Prasad et al., 1998; Qureshi et al., 1999), reaching lengths of 120–122 cm (Talwar 2001, and in Orlando, Florida, in March a fungus Aphanomyces invadans and Jhingran, 1992). Researchers have 2002, all indications of the availability (considered a primary pathogen; Mohan reported that in Maharashtra State, of this species in States where et al., 1999; Miles et al., 2001), and India, this species can reach a length of possession is illegal. Moreover, a few perhaps a rhabdovirus (Kanchanakhan 1.8 m and a weight of 30 kg (Talwar and U.S. aquarium fish retailers sell et al., 1999; Lio-Po et al., 2000). Another Jhingran, 1992). A length of 30 cm can snakeheads via the Internet. USGS bacterium, Aquaspirillum sp., has also be reached in one year (Talwar and scientists purchased three species from been implicated in the disease (Lio-Po et Jhingran, 1992). The pathway of the a reputable dealer in Rhode Island, who al., 1998). EUS may have originated in introduction to Florida is unknown. The first requested a copy of the State permit India in the 1980s, but has since been species may have escaped from a fish that allowed USGS to possess the fish in found in Pakistan, Thailand, and the farm (although there are none known in Florida. Private purchases can also be Philippines with outbreaks reported Tamarac), been purposefully introduced made through several Internet ‘‘chat from all these areas during the 1990s. to establish a food or aquarium fish rooms’’ where possession of permits is Snakeheads are not the only fishes resource, or they may have been not discussed. affected by this disease. It is also known introduced by aquarists. Tamarac is California: California Department of to occur in airbreathing catfish (Clarias), located just east of Water Conservation Fish and Game personnel collected a the bagrid catfish genus Mystus, two Area II, north of Everglades National snakehead while electrofishing in a cyprinid genera (Cyprinus and Puntius), Park, and interconnected canal systems reservoir, Silverwood Lake, in 1997. mastacembalid eels (Mastacembalus), lead into this area. Nevertheless, there Silverwood Lake is in the Mohave River and the nandid genus Nandus in India are water control structures on canals drainage, east-northeast of Los Angeles (Mukherjee, 1998). In Thailand, it has leading into Water Conservation Area II and north of San Bernardino in the San been found in giant gourami that would have to be open to allow this Bernardino Mountains. The specimen (Osphronemus gouramy) and climbing snakehead access to that area. It is likely was subsequently frozen and later perch (Anabas testudineus) during an that C. marulius will expand its range in discarded (Camm Swift, pers. comm.). It outbreak in 1996–1997 (Kanchanakhan peninsular Florida as its native range was identified as Channa argus (John et al., 1999). includes tropical to temperate climates. Sunada, pers. comm. to W.R. Courtenay, History of introduction in the United The bullseye snakehead is considered Jr.). It is believed that the fish got in the States: Four species of snakeheads predacious (Jhingran, 1984; Talwar and lake from the California Aqueduct that (Channa argus, C. marulius, C. Jhingran, 1992), especially on other runs from the San Joaquin River south micropeltes, and C. striata) have been fishes (Schmidt, 2001). of Stockton into Lake Silverwood, one recorded from open waters of the United The northern snakehead, Channa of several reservoirs that serves Los States (California, Florida, Hawaii, argus, is also reported from Florida Angeles. Maine, Maryland, Massachusetts, and waters. Two individuals were caught in Hawaii: The chevron snakehead, Rhode Island), and two have become the St. Johns River below Lake Harney, (Channa striata) has been established on established as reproducing populations. Seminole and Volusia counties, in 2000. Oahu, Hawaii, since the late 1800s and At least 16 States prohibit possession of Unconfirmed reports indicate three was introduced from southern China live snakeheads (Alabama, Arkansas, additional individuals having been (Herre, 1924). For whatever reasons, it California, Colorado, Florida, Georgia, caught nearby. An attempt to collect does not appear to have been introduced Idaho, Kentucky, Mississippi, Nevada, additional specimens by U.S. Geological to other waters of Hawaii and is North Carolina, Oregon, Pennsylvania, Survey (USGS) personnel by confined to reservoirs on Oahu Texas, Utah, and Washington), and electroshocking was unsuccessful, but (Maciolek, 1984). In addition, the

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species is now being cultured as a food Uses: According to U.S. Fish and restaurants display live snakeheads in fish on Oahu. This species is regarded Wildlife Service Law Enforcement data, aquaria, a common practice where these as carnivorous with a preference for 16,554 individuals or 20,527 kilograms fishes are native, allowing customers to other fishes (Moshin and Ambak, 1983; of all species of snakeheads were choose a fish to be prepared for a meal. Conlu, 1986). Lee and Ng (1991) imported into the United States between This is reminiscent of many U.S. described it as a territorial ambush 1997 and 2000 at a declared value of seafood restaurants where one can select feeder. It is also used to control tilapia $85,425 (records of imports report a lobster to be cooked from an populations in the Philippines (Conlu, numbers of individual fish OR weight in aquarium. 1986). kilograms). Importations of snakeheads During FY 1999, the USDA Small Maryland: Two adults and eight into the United States do not appear to Business Innovation Research Program juveniles of Channa argus were found represent a significant portion of live funded a Phase II project to the Hawaii in a pond in Crofton, Anne Arundel fish imports at present. However, from Fish Company of Waialua, Hawaii, to County, Maryland in late June and early the raw data, it is clear that the trend develop commercial culture of the July 2002. Maryland Department of has been upward in recent years. chevron snakehead, Channa striata. It is Natural Resources personnel captured Snakeheads have been imported into now being cultured in Hawaii as a food over 100 juveniles from the pond in July the United States for two purposes: as fish. 2002. The adults are known to have aquarium fish and for use as food. In over-wintered in the pond. The fish Southeast Asia, particularly in Thailand TABLE 3.—SPECIES OF THE FAMILY were purchased from a live food fish and Malaysia, and to a lesser extent in CHANNIDAE CURRENTLY KNOWN TO market in New York City, transported to Japan, there are developing recreational BE CULTURED FOR FOOD AND/OR Maryland, and kept in an aquarium, and fisheries for the larger snakehead AQUARIUM FISH TRADE two fish were released into the pond in species (see http://www.fishingasia.com 2000. This species appears to be the as an example). Channa argus** most common snakehead available in Several species of snakeheads are Channa marulius food markets and restaurants as a live listed on aquarium fish websites. Some Channa punctata food fish. of these entries are for information Parachanna africana New England States: A specimen of purposes and a few others list fish for Channa maculatus the northern snakehead, Channa argus, sale. The most popular species are, in Channa micropeltes*** was collected in October 2001 from order of importance and availability: Channa striata* Newton Pond, Sudbury, Worcester Channa micropeltes, juveniles sold as Parachanna obscura County, Massachusetts, by red or redline snakehead; C. marulius, * Species most widely cultured for food. Also Massachusetts Department of Fish and juveniles sold as cobra snakehead; C. being cultured in Hawaii. Wildlife personnel. The likely source is bleheri, sold as rainbow snakehead; C. ** Second most important species cultured from live food fish markets. It is capable barca sold as barca or tiger snakehead; for food. *** Appears to be the most important spe- of establishment in most fresh waters of C. gachua sold under a variety of names; cies cultured for the aquarium fish trade. the United States. Okada (1960) and Parachanna africana, juveniles sold reported adults as voracious feeders, as African snakehead. Some are Although several snakehead species particularly on other fishes. cultured and others are captured from may be found for sale alive in live food Specimens of the giant snakehead, the wild. Rarely does one see listings for fish markets, the most available species Channa micropeltes, have been C. asiatica, C. orientalis, C. is the northern snakehead, Channa collected from open waters in Maine, pleuropthalma, C. punctata, or C. argus. It is being sold in Boston and Massachusetts, and Rhode Island stewartii. This is somewhat surprising New York City, where snakeheads are (Courtenay et al, 1984; Fuller et al., because several are attractive aquarium legal. Through confiscation by State fish 1999). This tropical/subtropical species fishes, and they can be purchased from and game personnel in 2001, it has also could not become established in those dealers in southeast Asia via the been found in the live food fish trade of temperate waters. Juveniles of the Internet. Channa bleheri, C. gachua, and three States (Florida, Texas, and species are cardinal red with two dark C. orientalis are small snakeheads, Washington) where possession of stripes on either side of the body, and unlike C. micropeltes and C. marulius snakeheads is prohibited. The northern sold by aquarium fish retailers as red or that grow quickly to large sizes. All but snakehead is able to tolerate a redline snakeheads. Aquarist-oriented the smallest snakeheads are unsuitable considerable temperature range, from web sites note that this species requires for community tanks, and even they warm temperate to boreal climates, much animal food and that growth is may kill other fishes in aquaria. Larger where this species can live under ice. rapid. These sites often advise that, once snakeheads require very large aquaria Additionally, its airbreathing these fish reach approximately 15–20 and must be kept alone. The number of capabilities enhance its transport and cm in length, no more than one aquarium hobbyists interested in marketing. Marketing and customer individual should be kept in a single keeping snakeheads appears to be small, preferences, however, are not aquarium because they are aggressive and snakeheads represent a minor synonymous. For example, persons of predators. The pathway into these New component in the aquarium fish southeastern Asian descent prefer England States was likely aquarists who industry (Marshall Myers, pers. comm. chevron snakehead, C. striata, above released their ‘‘pets’’ when they grew to J.D. Williams). any other species. It is currently being too large for their aquaria and/or Conversely, use of snakeheads as food cultured in much of southeastern Asia, because it was too costly to feed them. fishes is growing in the United States the Philippines, and Hawaii. Releases of this species into subtropical (Table 3). Live snakeheads of the larger Potential Range: Temperature is the waters in southern Florida or Hawaii species can be purchased in live food most important environmental factor could lead to establishment of this fish markets and in some restaurants in that would determine potential range of snakehead, regarded as the most States where these fishes are not snakeheads in the United States. predaceous channid and known to have prohibited, but they are also appearing Because there are few data providing attacked humans (Ng and Lim, 1990; in markets in States where possession is thermal tolerance ranges for snakeheads, Lee and Ng, 1991; Kottelat et al., 1993). prohibited (Howells et al., 2002). Some potential range must be inferred from

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distribution within native ranges. The documented discoveries of both from sites of initial introduction in family Channidae contains nine species aquarium and food fish species of Japan. Since introduction of the that are strictly tropical, and if snakeheads in the wild, there is a high northern snakehead into the Aral Sea introduced, would survive in the likelihood that snakeheads would basin in the 1960s, there has been a warmest waters such as extreme escape or be released. dramatic range expansion in waters of southern Florida, perhaps parts of If snakeheads escaped, or were Kazakhstan, Turkmenistan, and southern California, Hawaii, and certain released into the wild, the likelihood Uzbekistan. Range expansion also thermal spring systems and their that they would survive and/or become occurred in the Philippines following outflows in the American west. Another established with or without introduction of the chevron snakehead, four can be considered tropical to reproduction is dependent upon the C. striata. subtropical, indicating a similar species of snakehead involved and the Although there is limited information potential range of distribution as for location of the release. The family on the fecundity of snakeheads, tropical species but with a greater Channidae contains 9 species that are scientific data indicate that fecundity likelihood of survival during cold strictly tropical, 4 can be considered increases greatly in larger snakeheads winters and more northward limits. One tropical to subtropical, one is and follows increasing body length. is subtropical. Another 12 (4 of which subtropical, 12 can tolerate tropical or According to Quayyum and Quasim appear to be species complexes) subtropical to warm temperate (1962), fecundity for C. striata, a snakeheads can tolerate tropical or conditions, one is warm temperate, and medium-sized snakehead species, subtropical to warm temperate one is warm temperate to cold ranges from 2,300 to 26,000 o¨cytes. conditions, indicative of species that temperate. The tropical species would Larger species, such as C. marulius and could survive in most southern States. survive in the warmest waters such as C. argus can produce 40,000 to 50,000 One is warm temperate, and another extreme southern Florida, perhaps parts o¨cytes. Given that two individual warm temperate to cold temperate of southern California, Hawaii, and northern snakeheads, C. argus, were (Channa argus with a temperature range certain thermal spring systems and their reportedly released into the pond in of 0–>30 °C). outflows in the American west. The Crofton, Maryland, and successfully In summary, there are few waters in tropical to subtropical species would reproduced two times in the summer of the United States or territories of the have a similar potential range of 2002, and that several species of United States that, based on distribution as for tropical species but snakeheads are known to have a high temperature, would preclude some with a greater likelihood of survival fecundity, there is a high likelihood that member(s) of the family Channidae from during cold winters and more snakeheads would be capable of becoming established. northward limits. The tropical or spreading within their thermal limits. subtropical to warm temperate species Several species of snakeheads, whose Factors That Contribute to could survive in most southern States. native ranges are subject to seasonal Injuriousness The warm temperate, and warm dry/wet conditions, are known to be The likelihood of release or escape of temperate to cold temperate, species capable of overland migrations. snakeheads is high. One species, could survive in most areas of the According to Peter Ng (pers. comm. to Channa striata, was released and United States. W.R. Courtenay, Jr.) some species can became established in waters of Oahu, That Channa striata, a tropical to crawl sinuously on land, even dry land, Hawaii, before 1900. It was likely warm temperate species cultured for the from point to point. There are 2 main introduced as a food fish. A second live food trade, has been established for groups of snakeheads that are slow, but species, Channa marulius, is a recent over a century in Hawaii and, more effective and directed, at overland introduction to southeastern Florida recently, C. marulius, a tropical to warm migrations. One group, including C. (Broward County) and has also become temperate species cultured for the striata, C. micropeltes, C. asiatica and C. established. The pathway for this aquarium trade, has become established gachua, has a more dorso-ventrally introduction was release of either food as a reproducing population in flattened body with a somewhat flatter or aquarium fish. Two specimens of southeastern Florida is indicative of the belly and can crawl on land. The second Channa argus were caught in the St. likelihood of survival and potential for group, including C. argus, C. maculata Johns River near Sanford, Florida, and establishment of snakehead fishes. and C. lucius, has a more laterally three more are believed to have been Although C. striata is largely confined to compressed or rounded body and is not caught at or near the same location. This reservoirs on Oahu, C. marulius has as successful at overland migrations. For species is available only through live ample opportunity to expand its range those species that are not capable of food fish markets. The same species was in southeastern Florida through the overland migration, there is a high captured from a pond in central large network of interconnected canals likelihood that they can be transferred Massachusetts in October 2001. The and Water Conservation Areas to the to other water bodies through flooding snakehead captured in Lake Silverwood, west of the metropolitan areas. The if they are released into flood-prone California, was also C. argus. Two release of live food or aquarium fishes areas. In summary, there are few waters adults and eight juveniles of C. argus is a viable pathway for introduction of in the United States or territories of the were collected from a pond in Crofton, snakehead fishes and, depending on United States that, based on Maryland, in June and July 2002. temperature, many species could temperature, would preclude some Individual specimens of Channa become established from Florida to or member(s) of the family Channidae from micropeltes were caught in Maine, above the U.S.-Canadian border and in becoming established and expanding Massachusetts, and Rhode Island in past many territories of the United States. their ranges through reproduction and/ years, the source of which were most The likelihood and magnitude of or overland migration. likely aquarium fish releases. The spread would be high for all species At all life stages, snakeheads will availability of 8 species of snakehead within their thermal limits. Both the compete for food with native species. As fishes in live food fish markets and the northern snakehead, Channa argus, and, discussed above in the Biology section, aquarium trade raises the probability to a somewhat lesser extent, the snakehead fry feed on zooplankton; that one or more species will be released blotched snakehead, C. maculata, juveniles feed on insect larvae, small into open water. As demonstrated by the expanded their ranges of distribution crustaceans, and fry of other fishes; and

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adults are predators, feeding on other Due to the highly predatory nature of The likelihood and magnitude of fishes, crustaceans, frogs, smaller snakeheads, the likelihood and ancillary wildlife resource damage due reptiles (snakes, lizards), and sometimes magnitude of effect on threatened and to control measures is high. Chemical birds (particularly young waterfowl) and endangered species is high. Of all the control using rotenone or other similar mammals. Native fish and wildlife taxa listed as endangered or threatened toxins that work by preventing fish from populations that prey upon fishes, in U.S. aquatic habitats, 16 amphibians, removing oxygen from the water would crustaceans, frogs, snakes, lizards, and 115 fishes, and 5 of the 21 crustaceans likely be damaging to nontarget native young waterfowl would face reductions (the surface-dwelling crayfish and organisms. resulting from the loss of food sources. shrimp) would be the most likely to be Only one species of snakehead, Although the literature on snakeheads affected. Based on habitat requirements Channa micropeltes, a tropical/ does not include specific information on and life history, fishes are more likely subtropical species, is reported to have feeding habits of every species, what is to be affected by introduced snakeheads attacked human beings. There have been universal for those species that have than amphibians and the surface- reports of human deaths as a result. All been studied in this respect is that dwelling crustaceans. Nonetheless, the such incidents apparently happened fishes are an important component of possibility of an additional when humans approached a nest or snakehead diets. This can range, for nonindigenous predator in the aquatic group of young, and attacks were example, from approximately 20–30% community with any listed amphibian perpetrated by guarding adults. (e.g., Channa gachua) of the diet to well or crustacean would constitute a threat. However, the likelihood and magnitude over 90% (e.g., C. argus, C. micropeltes, In the western United States, habitat of direct impacts on human beings is C. striata). Next in line to fishes, requirements of listed fishes range from low. crustaceans (particularly shrimp, etc.) steep-gradient, coldwater mountain Factors That Reduce or Remove form a substantial dietary component streams, lower-gradient large desert Injuriousness for snakeheads. Native fish populations rivers, to thermal (warm) springs in in particular would likely be reduced desert areas. Eastern fishes likewise The ability to eradicate or control through predation if snakeheads were occupy a variety of habitats, including snakehead populations depends on introduced and became established in springs, creeks, large rivers, and the where they are found. However, there is bodies of water. Through predation, Great Lakes. One or more species of no known method of removing all ecosystem balance and predator-prey snakeheads would be capable of living snakeheads following introduction. If relationships could be modified in any of the above habitats. Since all established in large lakes or river drastically should snakeheads become snakehead species prey on fish, to a systems, eradication and/or control are established in waters with low diversity greater or lesser extent, all of the fishes expected to be nearly impossible, and of native fishes and low abundance or listed as endangered or threatened snakeheads would likely become absence of native predatory species. would be vulnerable to predation at permanent members of the fish Therefore, the likelihood and magnitude some stage in their life history. The community. Control in smaller water of adverse impacts on native wildlife degree of threat would vary from bodies depends upon the amount of through competition for food and extremely high for any species of vegetation, the accessibility to the water predation on native wildlife is high. snakeheads introduced in relatively body, and the effectiveness of the While the potential for snakeheads to small, isolated habitats, such as desert control methods. Piscicides work by transfer pathogens to native wildlife is thermal springs and their outflows in preventing fish from removing oxygen largely unknown, all snakehead species the American southwest, to somewhat from the water. Chemical control using examined are host to at least several less in steep-gradient coldwater rotenone and similar toxins would species of parasites. At least two mountain streams. Based on the food likely be ineffective to airbreathing snakehead species, Channa punctata habits and habitat preferences of snakeheads and damaging to nontarget and C. striata, are susceptible to snakeheads, it is likely to invade the organisms except in closed situations. epizootic ulcerative syndrome (EUS), a habitat, feed on, and further threaten Electrofishing and netting may provide disease believed to be caused by several Federally listed freshwater fishes. some level of control of snakehead species of bacteria, a fungus, and Snakeheads are likely to also further populations; however, eradication using perhaps a retrovirus, under intensive threaten candidates for Federal these methods would be too selective on culture conditions. EUS is not specific protection. size classes to remove a population of to snakeheads and has affected other The likelihood that one or more snakeheads. When a population is fishes, such as clariid catfishes, bagrid species may be placed in danger of discovered, it is typically too late for catfishes, two cyprinid genera, extinction or become endangered within removal unless the population is mastacembalid eels, and a nandid fish the foreseeable future as a result of isolated. in India; in Thailand, it has been found introduction/establishment is high. The Since effective measures to eradicate, in giant gourami and climbing perch. introduction of a small number of manage, or control the spread of Although there have been no studies individuals (<5) into isolated spring snakeheads once they are established undertaken to examine transfer of habitats could result in the extinction of are not currently available, the ability to parasites or diseases from snakeheads to endemic spring-adapted fishes or rehabilitate or recover ecosystems native North American fishes, there are crustaceans. The snakeheads would not disturbed by the species is low. Re- numerous cases documented in the have to establish a reproducing establishment of extirpated populations scientific literature where nonnative population to reduce or eliminate a fish of native amphibians, fishes, and species have transferred diseases and or crustacean species confined to a crustaceans, if biologically possible, pathogens to native species. Several of small section of a stream or isolated would be labor and cost intensive and the parasites of northern snakeheads spring habitat. Any snakehead that would depend on eradication of listed in Table 2 are known to affect becomes established in a water body snakeheads within those habitats. salmonids, cyprinids, and percids. would represent a significant threat and Therefore, there is a credible evidence could potentially push any listed Conclusion on the potential for snakeheads to amphibian, fish, or crustacean to Because several species of snakehead transfer pathogens to native fishes. extinction. fishes are available through the

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aquarium, restaurant, and the live food wildlife resources of the United States. (b) This rule will not create fish trades, the likelihood that they As discussed previously in the preamble inconsistencies with other agencies. would escape or be intentionally to this rule, snakehead fishes are highly This rule pertains only to regulations released into the wild is high. If they predatory, are difficult to control, and promulgated by the Fish and Wildlife escape or are intentionally released, are difficult to differentiate among Service under the Lacey Act. No other they are likely to survive or become species. Therefore, we believe that we agencies are involved in these established within their respective have sufficient evidence and cause to regulations. thermal limits. Because there are no take immediate action to prohibit (c) This rule will not materially affect known limiting factors, because some further importation and interstate entitlements, grants, user fees, loan species have the ability to move across movement of the entire Channidae programs, or the rights or obligations of land, and because snakeheads have a family of snakehead fishes. their recipients. This rule does not affect fairly high reproductive potential, they entitlement programs. This rule is are likely to spread once they are in the Required Determinations aimed at regulating the importation and wild. Snakeheads fishes are likely to Paperwork Reduction Act movement of nonindigenous species compete with native species for food, that have the potential to cause may transmit parasites to native species, This rule contains information significant economic and other impacts and are likely to feed on native species, collection activity for special use on natural resources. which will negatively affect native permits. The Fish and Wildlife Service (d) This rule does not raise novel legal fishes, amphibians, crustaceans, birds, has approval from OMB to collect or policy issues. No previous listings of small reptiles, and small mammals. The information under OMB control number wildlife as injurious have raised legal or air-breathing and mobile characteristics 1018–0093. This approval expires policy concerns. March 31, 2004. The Service may not of snakeheads increase the difficulty in Regulatory Flexibility Act and SBREFA preventing, eradicating, managing, or conduct or sponsor, and a person is not controlling their spread. Because the required to respond to, a collection of This rule will not have a significant successful removal of all individual information unless it displays a economic effect on a substantial number snakeheads from a water body would be currently valid OMB control number. of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 very difficult to accomplish, it will be Regulatory Planning and Review very difficult rehabilitate or recover et seq.). A Regulatory Flexibility ecosystems disturbed by snakeheads. In In accordance with the criteria in Analysis is not required. Accordingly, a conclusion, for the reasons stated above, Executive Order 12866, the Office of Small Entity Compliance Guide is not the Service finds snakeheads to be Management and Budget has required. The rule is not a major rule injurious to the wildlife and wildlife determined that this rule is not a under 5 U.S.C. 804(2), the Small resources of the United States. significant regulatory action. Business Regulatory Enforcement Fairness Act. This rule will not have an Effective Date (a) This rule will not have an annual annual effect on the economy of $100 economic effect of $100 million or We are making this rule effective million or more, and does not have adversely affect an economic sector, upon publication. In accordance with significant adverse effects on productivity, jobs, the environment, or the Administrative Procedure Act, we competition, employment, investment other units of the government. A cost- find good cause as required by 5 U.S.C. productivity, innovation, or the ability benefit and economic analysis is not 553 (d)(3) to make this rule effective less of U.S.-based enterprises to compete required. than 30 days after publication in the with foreign-based enterprises. Federal Register. Approximately 2.94 The net economic effect of prohibiting No individual small industry within times more snakeheads were imported the importation and interstate the United States will be significantly in July 2002 than in July 2001. transportation of snakeheads is difficult affected if snakehead importation and Inspectors at ports of entry have noticed to determine because of the minimal interstate transport are prohibited. Live an increase in interest in importing amount of data available for a relatively food fish markets, restaurants, and snakeheads before the final rule new species to the aquarium, live fish aquarium hobbyists are the entities most becomes effective; some importers have markets, and restaurant trades. There is likely to be affected by this rule. The told inspectors that they are trying to a trade-off between damage avoided by number of aquarium hobbyists ‘‘beat the ban’’ and import as many not letting snakeheads get into U.S. interested in keeping snakeheads snakeheads as possible before the water bodies and the economic benefits appears to be small, and snakeheads prohibition on importation and received by fish markets and aquarium represent a minor component in the interstate transportation is imposed. owners who want to own the species. aquarium fish industry (Marshall Myers, Because we have already documented a Since only $85,000 worth of snakeheads pers. comm.. to J.D. Williams). With nearly three-fold increase in the were imported during the four-year only 16,554 individual snakeheads importation of snakeheads from one period between 1997 and 2000, and the imported over four years and most of year ago, and because of the increased potential damage by snakeheads if they these going to markets and restaurants interest in importing snakeheads before get into U.S. waters would be in the for human consumption, the number of the final rule becomes effective, the millions of dollars from the loss of entities engaging in selling and buying Service believes that there will be a native species, including threatened and these fish is very small. There is no substantial and significant increase in endangered species, this rule will have recreational fishery for these species. the numbers of snakehead fishes a net positive benefit. The dollar The number of entities involved in the imported and transported across State amount of imported and traded value is trade of these species is not known, but lines if this rule is effective 30 days after not the net economic value of this fish, it is assumed to be very small because publication in the Federal Register. The but the relatively small value compared of the small number of these fish increases in importations and interstate to environmental damage avoided by imported. This rulemaking will have the transportations during that 30-day prohibiting these species is convincing indirect effect of protecting native period could result in a significant that this rule will not have a major fishes, amphibians, and crustaceans potential for damage to the wildlife and negative economic effect. from the intentional or accidental

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introduction of snakeheads into U.S. levels of government. Therefore, in that significantly affect energy supply, water bodies. The snakeheads would accordance with Executive Order 13132, distribution, and use. Executive Order likely devastate many native wildlife we determine that this rule does not 13211 requires agencies to prepare populations if introduced into a have sufficient Federalism implications Statements of Energy Effects when waterway. It is very unlikely that this to warrant the preparation of a undertaking certain actions. Because rulemaking will affect a substantial Federalism Assessment. this rule is intended to prevent the number of small entities and those accidental or intentional introduction of Civil Justice Reform entities affected will not be significantly snakeheads and the possible subsequent affected because of the very small In accordance with Executive Order establishment of populations of these numbers of these fish imported. This 12988, the Office of the Solicitor has fish in the wild, it is not a significant rulemaking, by protecting the determined that the rule does not regulatory action under Executive Order environment from the spread of a unduly burden the judicial system and 12866 and is not expected to affect nonnative species that would devastate meets the requirements of sections 3(a) energy supplies, distribution, and use. native fishes, amphibians, and and 3(b)(2) of the Executive Order. The Therefore, this action is a not a crustaceans, will indirectly work to rule has been reviewed to eliminate significant energy action and no sustain the economic benefits enjoyed drafting errors and ambiguity, was Statement of Energy Effects is required. by numerous small establishments written to minimize litigation, provides engaged in the recreational fishing a clear legal standard for affected References Cited industry, among others. conduct rather than a general standard, A complete list of all references cited This rule will not cause a major and promotes simplification and burden in this rule is available upon request increase in costs or prices for reduction. from the Division of Environmental consumers, individual industries, FOR FURTHER INFORMATION NEPA Quality (see Federal, State, or local government CONTACT section). agencies, or geographic regions. This We have reviewed this rule in rulemaking will not affect costs or accordance with the criteria of the Authority prices for any fish species other than National Environmental Policy Act and The Fish and Wildlife Service is snakeheads. Once this rule is published, our Departmental Manual in 516 DM. issuing this final rule under the and importation and interstate This rule does not constitute a major authority of the Lacey Act (18 U.S.C. movement are prohibited, the maximum Federal action significantly affecting the 42). quality of the human environment. loss would be approximately $22,000 List of Subjects in 50 CFR Part 16 per year to the few entities that deal in Since only 16,554 snakehead fishes these species. were imported between 1997 and 2000 Fish, Imports, Reporting and for a declared value of $85,000, the recordkeeping requirements, Unfunded Mandates Reform Act maximum annual loss to the few entities Transportation, Wildlife. In accordance with the Unfunded that deal in these species is estimated to For the reasons discussed in the Mandates Reform Act (2 U.S.C. 1501 et be $22,000. Therefore, an environmental preamble, we amend part 16, subchapter seq.), the rule will not ‘‘significantly or impact statement/assessment is not B of chapter I, title 50 of the Code of uniquely’’ affect small governments. A required. The action is categorically Federal Regulations as set forth below. Small Government Agency Plan is not excluded under the Department’s NEPA required. The Service has determined procedures (516 DM 2, Appendix 1.10), PART 16—[AMENDED] and certifies pursuant to the Unfunded which apply to policies, directives, Mandates Reform Act that this regulations, and guidelines of an 1. The authority citation for part 16 rulemaking will not impose a cost of administrative, legal, technical, or continues to read as follows: $100 million or more in any given year procedural nature; or the environmental Authority: 18 U.S.C. 42. on local or State governments or private effects of which are too broad, 2. Amend § 16.13 by revising entities; will not produce a Federal speculative, or conjectural to lend paragraph (a)(2) to read as follows: mandate of $100 million or greater in themselves to meaningful analysis and any year and therefore, is not a will be subject later to the NEPA § 16.13 Importation of live or dead fish, ‘‘significant regulatory action’’. process, either collectively or on a case- mollusks, and crustaceans, or their eggs. by-case basis. (a) * * * Takings (2) The importation, transportation, or In accordance with Executive Order Tribal Consultation acquisition of any of the species listed 12630, the rule does not have significant In accordance with the President’s in this paragraph is prohibited except as takings implications. A takings memorandum of April 29, 1994, provided under the terms and implication assessment is not required. ‘‘Government-to-Government Relations conditions set forth in § 16.22: This rule will not impose significant with Native American Tribal (i) Live fish or viable eggs of walking requirements or limitations on private Governments’’ (59 FR 22951), Executive catfish, family Clariidae; property use. Order 13175, and 512 DM 2, we have (ii) Live mitten crabs, genus Eriocheir, evaluated potential effects on Federally or their viable eggs; Federalism recognized Indian tribes and have (iii) Live mollusks, veligers, or viable In accordance with Executive Order determined that there are no potential eggs of zebra mussels, genus Dreissena; 13132, the rule does not have significant effects. This rule involves the and Federalism effects. A Federalism importation and interstate movement of (iv) Any live fish or viable eggs of assessment is not required. This rule live snakeheads. We are unaware of snakehead fishes of the genera Channa will not have substantial direct effects trade in these species by Tribes. and Parachanna (or their generic on States, in the relationship between synonyms of Bostrychoides, the Federal Government and the States, Effects on Energy Ophicephalus, Ophiocephalus, and or on the distribution of power and On May 18, 2001, the President issued Parophiocephalus) of the Family responsibilities among the various Executive Order 13211 on regulations Channidae, including but not limited to:

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(A) Channa amphibeus (Chel or Borna DEPARTMENT OF COMMERCE superseded, or rescinded through a snakehead). publication in the Federal Register. (B) Channa argus (Northern or Amur National Oceanic and Atmospheric ADDRESSES: Submit comments to D. snakehead). Administration Robert Lohn, Administrator, Northwest (C) Channa asiatica (Chinese or Region, NMFS, 7600 Sand Point Way 50 CFR Parts 600 and 660 Northern Green snakehead). NE, Seattle, WA 98115–0070; or Rod (D) Channa aurantimaculata. McInnis, Acting Administrator, [Docket No. 011231309–2090–03; Southwest Region, NMFS, 501 West (E) Channa bankanensis (Bangka I.D.092602B] Ocean Blvd, Suite 4200, Long Beach, CA snakehead). 90802–4213. (F) Channa baramensis (Baram Fisheries off West Coast States and in FOR FURTHER INFORMATION CONTACT: snakehead). the Western Pacific; Pacific Coast Groundfish Fishery; Annual Jamie Goen (Northwest Region, NMFS), (G) Channa barca (barca or tiger Specifications and Management phone: 206–526–6140; fax: 206–526– snakehead). Measures; Trip Limit Adjustments; 6736; and e-mail: [email protected]. (H) Channa bleheri (rainbow or jewel Correction SUPPLEMENTARY INFORMATION: snakehead). (I) Channa cyanospilos (bluespotted AGENCY: National Marine Fisheries Electronic Access snakehead). Service (NMFS), National Oceanic and This Federal Register document is (J) Channa gachua (dwarf, gaucha, or Atmospheric Administration (NOAA), available on the Government Printing frog snakehead). Commerce. Office’s website at: http:// ACTION: (K) Channa harcourtbutleri (Inle Inseason trip limit adjustments www.access.gpo.gov/suldocs/ca/docs/ snakehead). and correction; request for comments. aces/aces140.html. Background information and documents are (L) Channa lucius (shiny or splendid SUMMARY: NMFS announces changes in available at the NMFS Northwest Region snakehead). the following trip limits for the Pacific website at: http://www.nwr.noaa.gov/ (M) Channa maculata (blotched Coast groundfish fisheries: limited entry 1sustfsh/gdfsh01.htm and at the Pacific snakehead). groundfish trawl gear fisheries for minor Fishery Management Council’s website (N) Channa marulius (bullseye, slope rockfish, splitnose rockfish, DTS at: http://www.pcouncil.org. murrel, Indian, great, or cobra complex (Dover sole, thornyheads and snakehead). sablefish), flatfish fisheries, widow Background (O) Channa maruloides (emperor rockfish, yellowtail rockfish, and the The Pacific Coast Groundfish FMP snakehead). ’other fish’ category; limited entry fixed and its implementing regulations at 50 gear fisheries for minor slope rockfish, (P) Channa melanoptera. CFR part 660, subpart G, regulate fishing splitnose rockfish, sablefish, minor for over 80 species of groundfish off the (Q) Channa melasoma (black nearshore rockfish, lingcod and the snakehead). coasts of Washington, Oregon, and ’other fish’ category; and open access California. Annual groundfish (R) Channa micropeltes (giant, red, or fisheries for sablefish, minor nearshore specifications and management redline snakehead). rockfish, lingcod, and the ’other fish’ measures are initially developed by the (S) Channa nox. category. Additionally, pink shrimp Pacific Fishery Management Council (T) Channa orientalis (Ceylon or exempted trawl gear incidental (Pacific Council), and are implemented Ceylonese Green snakehead). groundfish landings limits are now by NMFS. The specifications and (U) Channa panaw. listed in the open access trip limit table management measures for the current (V) Channa pleurophthalmus rather than just in the text at IV.C.(3) to fishing year (January 1–December 31, (ocellated, spotted, or eyespot ensure clarity. These actions, which are 2002) were initially published in the snakehead). authorized by the Pacific Coast Federal Register as an emergency rule Groundfish Fishery Management Plan for January 1–February 28, 2002 (67 FR (W) Channa punctata (dotted or (FMP), will allow fisheries access to spotted snakehead). 1540, January 11, 2002), as a proposed healthy groundfish stocks, prevent rule for all of 2002 (67 FR 1555, January (X) Channa stewartii (golden fisheries that are approaching their OY 11, 2002), and as a final rule effective snakehead). from exceeding their OY, and protect March 1, 2002 (67 FR 10490, March 7, (Y) Channa striata (chevron or striped overfished and depleted stocks. With 2002). The final rule was subsequently snakehead). this inseason trip limit adjustment, amended at 67 FR 15338, April 1, 2002, (Z) Parachanna africana (Niger or NMFS also announces that the States of at 67 FR 18117, April 15, 2002, at 67 FR African snakehead). Washington and Oregon are 30604, May 7, 2002, at 67 FR 40870, (AA) Parachanna insignis (Congo, implementing a declaration requirement June 14, 2002, at 67 FR 44778, July 5, square-spotted African or light African for limited entry trawl vessels intending 2002, at 67 FR 48571, July 25, 2002, at snakehead). to fish with midwater trawl gear in the 67 FR 50835, August 6, 2002, at 67 FR Darkblotched Rockfish Conservation 55166, August 28, 2002, at 67 FR 56497, (BB) Parachanna obscura (dark ° ′ African, dusky, or square-spotted Area (DBCA) north of 40 10 N. lat. This September 4, 2002, and at 67 FR 57973, snakehead). document also contains a correction to September 13, 2002. the limited entry trawl gear trip limit for * * * * * The following changes to current canary rockfish south of 40°10′ N. lat. to groundfish management measures were Dated: September 26, 2002. reflect the closure in the south that was recommended by the Pacific Council, in Paul Hoffman, effective July 1, 2002. consultation with Pacific Coast Treaty Acting Assistant Secretary for Fish and DATES: Effective 0001 hours local time Tribes and the States of Washington, Wildlife and Parks. October 1, 2002, until the 2003 annual Oregon, and California, at its September [FR Doc. 02–25337 Filed 10–3–02; 8:45 am] specifications and management 9–13, 2002, meeting in Portland, OR. BILLING CODE 4310–55–P measures are effective, unless modified, Pacific Coast groundfish landings will

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