Vol. 80 Tuesday, No. 46 March 10, 2015 Part II Department of the Interior Fish and Wildlife 50 CFR Part 16 Injurious Wildlife Species; Listing Three Anaconda Species and One Python Species as Injurious Reptiles; Final Rule VerDate Sep<11>2014 18:14 Mar 09, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10MRR2.SGM 10MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 12702 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR Services Office, U.S. Fish and Wildlife 3330) to list Burmese (and Indian) Service, 1339 20th Street, Vero Beach, pythons, Northern African pythons, Fish and Wildlife Service FL 32960–3559; telephone 772–562– Southern African pythons, and yellow 3909 ext. 256; facsimile 772–562–4288. anacondas as injurious wildlife under 50 CFR Part 16 FOR FURTHER INFORMATION CONTACT: Bob the Lacey Act. The remaining five RIN 1018–AV68 Progulske, Everglades Program species (reticulated python, boa Supervisor, South Florida Ecological constrictor, green anaconda, [Docket No. FWS–R9–FHC–2008–0015; Services Office, U.S. Fish and Wildlife DeSchauensee’s anaconda, and Beni FXFR13360900000–145–FF09F14000] Service, 1339 20th Street, Vero Beach, anaconda) were not listed at that time and remained under consideration for Injurious Wildlife Species; Listing FL 32960–3559; telephone 772–469– 4299. If you use a telecommunications listing. With this final rule, we are Three Anaconda Species and One listing four of those species (reticulated Python Species as Injurious Reptiles device for the deaf (TDD), please call the Federal Information Relay Service python, green anaconda, AGENCY: Fish and Wildlife Service, (FIRS) at 800–877–8339. DeSchauensee’s anaconda, and Beni Interior. SUPPLEMENTARY INFORMATION: anaconda) as injurious wildlife under ACTION: Final rule. the Lacey Act. We are, however, Executive Summary withdrawing our proposal to list the boa SUMMARY: The U.S. Fish and Wildlife The U.S. Fish and Wildlife Service constrictor (Boa constrictor) as Service (Service or we) is amending its (Service) is amending its regulations injurious; we are no longer considering regulations under the Lacey Act to add under the Lacey Act to add the adding that species to the list of reticulated python (Python reticulatus), reticulated python, DeSchauensee’s injurious wildlife under the Lacey Act. DeSchauensee’s anaconda (Eunectes anaconda, green anaconda, and Beni Our rationale for this action is provided deschauenseei), green anaconda anaconda to the list of injurious under Withdrawal of the Boa (Eunectes murinus), and Beni anaconda wildlife. The purpose of listing the Constrictor from Consideration as an (Eunectes beniensis) to the list of reticulated python and the three Injurious Species in this rule. injurious wildlife. By this action, the anacondas as injurious wildlife is to By listing the four species, the importation into the United States and prevent the accidental or intentional importation into the United States and interstate transportation between States, introduction and subsequent transportation between States, the the District of Columbia, the establishment of populations of these District of Columbia, the Commonwealth of Puerto Rico, or any snakes in the wild in the United States. Commonwealth of Puerto Rico, or any territory or possession of the United Under the Lacey Act (Act) (18 U.S.C. territory or possession of the United States of any live animal, gamete, viable 42, as amended), the Secretary of the States of any live animal, gamete, viable egg, or hybrid of these four constrictor Interior is authorized to list by egg, or hybrid is prohibited, except by snakes is prohibited, except by permit regulation those wild mammals, wild permit for zoological, education, for zoological, educational, medical, or birds, fish, mollusks, crustaceans, medical, or scientific purposes (in scientific purposes (in accordance with amphibians, reptiles, and the offspring accordance with permit conditions) or permit conditions) or by Federal or eggs of any of the foregoing that are by Federal agencies without a permit agencies without a permit solely for injurious to human beings, to the solely for their own use. their own use. The best available interests of agriculture, horticulture, or The final economic analysis (2015) information indicates that this action is forestry, or to the wildlife or wildlife and environmental assessment (2015) necessary to protect the interests of resources of the United States. We have considers four alternatives for the human beings, agriculture, wildlife, and determined that these four species of reticulated python, DeSchauensee’s wildlife resources from the purposeful large constrictor snakes are injurious. anaconda, green anaconda, Beni or accidental introduction and This determination was based on an anaconda, and boa constrictor: Alternative 1 is no action; Alternative subsequent establishment of these large extensive risk and biological assessment 2A would list all five species; nonnative constrictor snake populations by the U.S. Geological Survey (USGS; Alternative 2B would list four species into ecosystems of the United States. We Reed and Rodda 2009) and on the (not including the boa constrictor); are also withdrawing our proposal to criteria for injuriousness by the Service. Alternative 3 would list the three add the boa constrictor (Boa constrictor) USGS determined that these four species known to be in trade in the to the list of injurious wildlife. species have a risk of invasiveness, and the Service found that the four species United States (boa constrictor, green DATES: This rule is effective on April 9, are injurious. anaconda, and reticulated python); and 2015. On March 12, 2010, we published a Alternative 4 would list the boa ADDRESSES: This final rule and the proposed rule in the Federal Register constrictor—the only one of the five associated final economic analysis, (75 FR 11808) to list Python molurus species with a high organism risk regulatory flexibility analysis, and (which includes Burmese and Indian potential (Reed and Rodda 2009). We environmental assessment are available pythons), reticulated python (Python selected Alternative 2B. on the Internet at http:// reticulatus), Northern African python Table ES–1 (from the 2015 final www.regulations.gov under Docket No. (Python sebae), Southern African economic analysis) compares the FWS–R9–FHC–2008–0015. Comments python (Python natalensis), boa economic output to the constrictor and materials received, as well as constrictor (Boa constrictor), yellow snake industry for listing under the supporting documentation used in anaconda (Eunectes notaeus), alternatives. The costs for not listing are preparing this final rule, are available DeSchauensee’s anaconda (Eunectes difficult to quantify, but include the on the Internet at http:// deschauenseei), green anaconda expenditures associated with State and www.regulations.gov under Docket No. (Eunectes murinus), and Beni anaconda Federal activities that address FWS–R9–FHC–2008–0015; they are also (Eunectes beniensis) as injurious constrictor snake impacts, amounting to available for public inspection, by wildlife under the Lacey Act. at least $6 million from 2005 to 2014. appointment, during normal business On January 23, 2012, we published a Other costs for not listing include risk hours, at the South Florida Ecological final rule in the Federal Register (77 FR of harm (from predation, competition, VerDate Sep<11>2014 18:14 Mar 09, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10MRR2.SGM 10MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations 12703 pathogens) to native species, including decreased wildlife viewing endangered and threatened species, and opportunities. the potential for reduced tourism from TABLE ES–1—ANNUAL DECREASE IN SECONDARY IMPACTS FROM BASELINE CONDITION (ALTERNATIVE 1) [Dollars in millions] Economic output Jobs Job income Tax revenue Alternative 2A .......................................................................... $26.5–$57.1 236–509 $9.5–$20.5 $3.6–$7.8 Alternative 2B .......................................................................... $5.3–$11.4 49–105 $1.9–$4.1 $0.7–$1.6 Alternative 3 ............................................................................. $26.5–$57.1 236–509 $9.5–$20.5 $3.6–$7.8 Alternative 4 ............................................................................. $21.1–$45.4 188–405 $7.7–$16.5 $2.9–$6.2 Previous Federal Actions (75 FR 11808) to list Burmese and three public comment periods for the Indian pythons, reticulated python, On June 23, 2006, the Service proposed rule, (2) comments from five Northern African python, Southern received a petition from the South peer reviewers, and (3) new information African python, boa constrictor, yellow Florida Water Management District acquired by the Service by the end of anaconda, DeSchauensee’s anaconda, (District) requesting that Burmese the public comment periods (July 24, green anaconda, and Beni anaconda as pythons be considered for inclusion in 2014). From this information, we injurious wildlife under the Act. The the injurious wildlife regulations under determined that four more (hereafter, proposed rule established a 60-day the Lacey Act (18 U.S.C. 42, as also may be collectively referred to as comment period ending on May 11, amended; the Act). The District was ‘‘the second four’’) of the nine proposed 2010,