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how this proposal may affect you, or complete submission, including the (5) To view the RMA comment, which other relevant information. Your information you claim to be confidential responds to docket NHTSA–2001– comments will be most effective if you business information, to the Chief 10856, type 10856, click on ‘‘search,’’ follow the suggestions below. Explain Counsel (NCC–30), NHTSA, at the and click on Document Number your views and reasoning as clearly as address given above under FOR FURTHER NHTSA–2001–10856–9. possible: INFORMATION CONTACT. In addition, you Please note that even after the • Provide solid information to should submit two copies, from which comment closing date, we will continue support your views. you have deleted the claimed to file relevant information in the • If you estimate potential numbers or confidential business information, to Docket as it becomes available. Further, reports or costs, explain how you Docket Management at the address some people may submit late comments. arrived at the estimate. given above under ADDRESSES. When Accordingly, we recommend that you • Tell us which parts of the rule you you send a comment containing periodically check the Docket for new support, as well as those with which information claimed to be confidential material. you disagree. business information, you should Issued on: July 22, 2002. • Provide specific examples to include a cover letter setting forth the L. Robert Shelton, illustrate your concerns. information specified in our Executive Director. • Offer specific alternatives. confidential business information • Refer your comments to specific regulation. (49 CFR Part 512.) [FR Doc. 02–18996 Filed 7–25–02; 8:45 am] sections of the rule, such as the units or BILLING CODE 4910–59–P page numbers of the preamble, or the E. Will the Agency Consider Late regulatory sections. Comments? • Be sure to include the name, date, We will consider all comments that DEPARTMENT OF THE INTERIOR and docket number with your Docket Management receives before the comments. close of business on the comment and Wildlife Service closing date indicated above under B. How Do I Prepare and Submit 50 CFR Part 16 Comments? DATES. To the extent possible, we will also consider comments that Docket RIN 1018–AI36 Your comments must be written and Management receives after that date. If in English. To ensure that your Docket Management receives a comment Injurious Wildlife Species; Snakeheads comments are correctly filed in the too late for us to consider it in (family Channidae) Docket, please include the docket developing a final rule (assuming that number of this document in your one is issued), we will consider that AGENCY: Fish and Wildlife Service, comments. comment as an informal suggestion for Interior. Your comments must not be more future rulemaking action. ACTION: Proposed rule. than 15 pages long. (49 CFR 553.21.) We established this limit to encourage you F. How Can I Read the Comments SUMMARY: The U.S. Fish and Wildlife to write your primary comments in a Submitted by Other People and Other Service proposes to amend 50 CFR concise fashion. However, you may Materials Relevant to this Rulemaking? 16.13 to add snakeheads (family attach necessary additional documents You may view the materials in the Channidae) to the list of injurious fish, to your comments. There is no limit on docket for this rulemaking on the mollusks, and crustaceans. This listing the length of the attachments. Internet. These materials include would have the effect of prohibiting the Please submit two copies of your background information on the use of interstate transportation and comments, including the attachments, tires in landfills and written comments importation of any live or viable to Docket Management at the address submitted by other interested persons. egg of snakeheads into the United given above under ADDRESSES. You may read them at the address given States. The best available information Comments may also be submitted to above under ADDRESSES. The hours of indicates that this action is necessary to the docket electronically by logging onto the Docket are indicated above in the protect the wildlife and wildlife the Docket Management System website same location. resources from the purposeful or at http://dms.dot.gov. Click on ‘‘Help & You may also see the comments and accidental introduction and subsequent Information’’ or ‘‘Help/Info’’ to obtain materials on the Internet. To read them establishment of populations instructions for filing the document on the Internet, take the following steps: in ecosystems of the United States. As electronically. (1) Go to the Docket Management proposed, live snakeheads or viable eggs System (DMS) Web page of the C. How Can I be Sure that My could be imported only by permit for Department of Transportation (http:// Comments Were Received? scientific, medical, educational, or dms.dot.gov/) zoological purposes, or without a permit If you wish Docket Management to (2) On that page, click on ‘‘search.’’ by Federal agencies solely for their own notify you upon its receipt of your (3) On the next page (http:// use; permits would also be required for comments, enclose a self-addressed, dms.dot.gov/search/), type in the four- the interstate transportation of live stamped postcard in the envelope digit docket number shown at the snakeheads or viable eggs currently held containing your comments. Upon beginning of this document. Example: If in the United States, for scientific, receiving your comments, Docket the docket number were ‘‘NHTSA– medical, educational, or zoological Management will return the postcard by 2000–1234,’’ you would type ‘‘1234.’’ purposes. mail. After typing the docket number, click on ‘‘search.’’ DATES: Comments must be submitted on D. How Do I Submit Confidential (4) On the next page, which contains or before August 26, 2002. Business Information? docket summary information for the ADDRESSES: Comments may be mailed If you wish to submit any information materials in the docket you selected, or sent by fax to the Chief, Division of under a claim of confidentiality, you click on the desired comments. You Environmental Quality, U.S. Fish and should submit three copies of your may download the comments. Wildlife Service, 4401 North Fairfax

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Drive, Suite 322, Arlington, VA 22203, any live snakeheads or viable eggs TABLE 1.—CURRENTLY RECOGNIZED FAX (703) 358–1800. You may send currently held in the United States for SPECIES OF THE FAMILY CHANNIDAE comments by electronic mail (e-mail) to: any purposes not permitted would be (AFTER MUSIKASINTHORN, 2000, [email protected]. See the Public prohibited. 2001)—Continued Comments Solicited section below for Biology file format and other information about melanoptera (Bleeker, 1855)—no electronic filing. Two genera are currently recognized common name known FOR FURTHER INFORMATION CONTACT: Kari Channa melasoma (Bleeker, 1851)—black in the family Channidae. They are snakehead Duncan, Division of Environmental Channa (snakeheads of Asia, Malaysia, Channa micropeltes (Cuvier, 1831)—giant Quality, Branch of Invasive Species at and Indonesia) and snakehead (703) 358–2464 or (African snakeheads). Synonyms Channa nox (Zhang, Musikasinthorn, and [email protected]. include Bostrychoides, Ophicephalus Watanabe, 2002)—no English common SUPPLEMENTARY INFORMATION: and its misspelled form Ophiocephalus, name and Parophiocephalus. Although 86 Channa orientalis Schneider, 1801—Ceylon Background species and 4 subspecies have been snakehead described (Eschmeyer, 1998), current Channa panaw Musikasinthorn, 1998—no The purpose of this proposed rule is English common name; ng panaw to prevent the accidental or intentional is in flux with approximately (Myanmar) introduction of snakeheads (family 28 species recognized as valid Channa pleurophthalmus (Bleeker, 1851)— Channidae) and the possible subsequent (Musikasinthorn, 2001; Table 1). ocellated snakehead establishment of populations of these Because their morphology is very Channa punctata (Bloch, 1793)—spotted fish in the wild. The Fish and Wildlife similar, it is very difficult to snakehead Service is initiating this proposed rule differentiate among species of Channa stewartii (Playfair, 1867)—golden based upon information we have snakeheads. Juvenile and adult color snakehead obtained that indicates that snakeheads patterns are often quite different (Day, Channa striata (Bloch, 1797)—chevron 1875; Lee and Ng, 1991, 1994), and snakehead may be injurious to the wildlife and Parachanna africana (Steindachner, 1879)— wildlife resources of the United States. some are quite variable in size and Niger snakehead color, and may represent species Description of the Proposed Rule Parachanna insignis (Sauvage, 1884)— complexes. A taxonomic revision of the Congo snakehead The regulations contained in 50 CFR family, expected to be published within Parachanna obscura (Gu¨nther, 1861)—Afri- part 16 implement the Lacey Act (18 the next two years, will likely result in can snakehead U.S.C. 42) as amended. Under the terms additional species being recognized as of the law, the Secretary of the Interior valid and perhaps new species Snakeheads have distinctive is authorized to prohibit by regulation described. morphological features as follows: Long, certain activities involving wild almost cylindrical body; long dorsal and mammals, wild birds, fish (including TABLE 1.—CURRENTLY RECOGNIZED anal fins, and all fins supported only by mollusks and crustaceans), amphibians, SPECIES OF THE FAMILY CHANNIDAE rays; large scales on head, somewhat reptiles, and the offspring or eggs of any (AFTER MUSIKASINTHORN, 2000, similar to the large epidermal scales on of the foregoing, that are injurious to 2001) the heads of snakes (hence the common human beings, to the interests of name, snakeheads); eyes dorsolateral agriculture, horticulture, or forestry, or Channa amphibeus (McClelland, 1845)—no (back and side) and located on the to the wildlife or wildlife resources of common name known anterior portion of the head; tubular, the United States. The lists of injurious Channa argus (Cantor, 1842)—northern anterior nostrils; pectoral and caudal fin wildlife species are at 50 CFR 16.11–15. snakehead margins rounded; large mouth with If snakeheads are determined to be Channa asiatica (Linnaeus, 1758)—Chinese protruding lower jaw; lower jaw always injurious, their importation into, or snakehead toothed, and prevomer and palatines transportation between, States, the Channa aurantimaculata Musikasinthorn, often toothed; some lower jaw teeth District of Columbia, the 2000—no English common name; naga- canine-like, and canines present or Commonwealth of Puerto Rico, or any cheng (, ) absent on prevomer and palatines; most territory or possession of the United Channa bankanensis (Bleeker, 1852)—Bang- species with pelvic fins present; and States by any means whatsoever is ka snakehead ventral aorta typically divided into two Channa baramensis (Steindachner, 1901)— prohibited, except by permit for Baram snakehead portions, one serving the gills and the zoological, educational, medical, or Channa barca (Hamilton, 1822)—barca other the suprabranchial (above the scientific purposes (in accordance with snakehead gills) chambers. Suprabranchial permit regulations at 50 CFR 16.22), or Channa bleheri Vierke, 1991—rainbow chambers of Channa are non-labyrinthic by Federal agencies without a permit snakehead (complex system of paths/tunnels), and solely for their own use, upon filing a Channa cyanospilos (Bleeker, 1853)— made up of two plates, one formed by written declaration with the District bluespotted snakehead the first epibranchial (above the gills), Director of Customs and the U.S. Fish Channa gachua (Hamilton, 1822)—dwarf the second from the hyomandibular; and Wildlife Service Inspector at the snakehead those of Parachanna consist of a single port of entry. In addition, no live Channa harcourtbutleri (Annandale, 1918)— cavity with elements from the snakeheads, progeny thereof, or viable Inle snakehead epibranchial of the first gill arch and Channa lucius (Cuvier, 1831)—splendid eggs acquired under permit could be snakehead hyomandibular absent. sold, donated, traded, loaned, or Channa maculata (Lacepe`de, 1802)— Two larger snakehead species, transferred to any other person or blotched snakehead Channa marulius and C. maruloides, institution unless such person or Channa marulius (Hamilton, 1822)—bullseye superficially resemble the native institution has a permit issued by the snakehead bowfin, Amia calva, in that all three are Director of the U.S. Fish and Wildlife Channa maruloides (Bleeker, 1851)—em- elongated , have long dorsal fins, Service. The interstate transportation of peror snakehead tubular nostrils, and an ocellus

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(eyespot) at the base of the upper Snakeheads build nests by clearing a 1970). Frank’s data came from portion of the caudal fin. The bowfin, generally circular area in aquatic Nikol’skiy (1956) who recorded however, has its pelvic fins in a more vegetation, often weaving the removed fecundity of 22,000–51,000 in northern abdominal rather than thoracic or vegetation around the centrally cleared snakehead from the Amur basin. anterior-abdominal position, and the area. This results in a vertical column of Dukravets and Machulin (1978) gave anal fin is not elongated. Moreover, the water surrounded by vegetation. One fecundity rates of 28,600 to a high of bowfin does not have a rosette (circular species (C. punctata) prepares elaborate 115,000 for northern snakehead arrangement) of enlarged scales on top tunnels through vegetation leading into (probably from Yangtze River stock) of the head. the nest column. At time of spawning, introduced to the Syr Dar’ya basin of Species and species complexes of the the male and female move upward into Turkmenistan/Uzbekistan. They also genus Channa are native from the central region of the nest column. noted that, although the growth of southeastern Iran and eastern The male entwines his body around that northern snakehead is slower than that Afghanistan eastward through Pakistan, of the female, with some species reported for this species from the Amur India, southern Nepal, Bangladesh, appearing to ‘‘dance’’ in the water basin, growth rates from both stocks Myanmar (Burma), Thailand, Laos, column as eggs are released and become equal once sexual maturity is Malaysia, Sumatra, Indonesia, and fertilized (Breder and Rosen, 1966; Ng reached. China northward into Siberia. Of the and Lim, 1990). Eggs are buoyant, rising Oo¨cytes, when released from the currently recognized 25 species of to the surface of the nest column, where female parent, are small, ranging from Channa, 9 species and representatives they are vigorously guarded by one or approximately 1 mm to slightly over 2 of 4 species complexes occur in both parents. Snakeheads in two species mm in diameter, depending on species. peninsular Malaysia, Sumatra, and/or complexes (C. gachua and C. orientalis) Fertilization takes place by the male Indonesia. Of the same 25 species, 16 are mouthbrooders, with the male being releasing milt (sperm) on the oo¨cytes (or species and members of 5 species the mouthbrooder of fertilized eggs and, eggs) as they emerge from the female. complexes are tropical to subtropical; later, fry. Most snakeheads, however, Eggs contain an oil droplet within the members of three species complexes are are not mouthbrooders, but one or both yolk mass, which causes them to rise to temperate; and one species is temperate parents guard their young vigorously; the surface. Development time to to boreal and can live beneath ice in the one species (C. micropeltes) reportedly hatching varies with water temperature northern portion of its range. The three attacked and in some instances killed and, to a lesser extent, with the species species of Parachanna are native to humans who approached the mass of involved. For example, hatching Africa and are tropical. young (Kottelat, 1993). Thus, parental occurred in 54 hours at 16–26°C and 30 Snakeheads are considered as non- care, whether by mouthbrooding or hours at 28–33°C in Channa punctata ostariophysan primary freshwater fishes guarding, is a behavioral characteristic (Khan, 1924). In the northern (Mirza, 1975, 1995), meaning they have of snakeheads. Successful spawning in snakehead, C. argus, eggs hatch in 28 little or no tolerance for seawater. the absence of vegetation has also been hours at 31°C, 45 hours at 25°C, and 120 Habitat preferences vary by species or reported for three species of snakeheads hours at 18°C. species complex, with a majority (Parameswaran and Murgesan (1976b). occurring in streams and rivers. Others Early Life History occur in swamps, rice paddies, ponds, Fecundity and Early Development In general, newly hatched fry, and ditches. All can tolerate hypoxic There is limited information on depending on species, are about 3.0— (low oxygen) conditions because they fecundity (capacity to produce 3.5 mm in length. Following yolk are airbreathers from late juvenile offspring) except for those snakeheads absorption, snakehead fry begin feeding stages. Where known, pH range, varies of commercial importance. on zooplankton. Fry typically remain by species with one (Channa Nevertheless, that information shows a together until they reach early juvenile bankanensis) preferring highly acidic pattern that likely applies to the entire stage, guarded by one or both adults, or (pH 2.8–3.8) waters. At least three family Channidae. Smaller species, such until they can fend for themselves (Lee species are tolerant of a wide pH range; as Channa gachua and C. orientalis, and Ng, 1994). Late juveniles of the C. gachua, C. punctata, and C. striata produce few oo¨cytes or unfertilized giant snakehead, Channa micropeltes, survived for 72 hours at pH levels ‘‘eggs’’ (about 20 when sexual maturity school and feed in packs (Lee and Ng, ranging from 4.25 to 9.4 (Varma, 1979). is first reached and later up to 200; Lee 1991). Although there are few reports of Spawning seasons vary by species. and Ng, 1991, 1994). Both are early life history except for species of While information on reproductive considered to be ‘‘species complexes’’ commercial importance, it appears that, biology of many species is lacking, and one or both ‘‘species’’ contain as larval snakeheads mature to early several conclusions can be drawn from mouthbrooding adults; low fecundity is juvenile stages, the diet changes to small those for which this information is a general rule among mouthbrooding crustaceans and insects, particularly available. Breeding in several species fishes (Breder and Rosen, 1966). insect larvae. Presence of occurs primarily in summer months Fecundity increases greatly in larger phytoplankton, plant material, and (June through August), and in at least snakehead species and appears to follow detritus in the digestive system of young two (the Channa striata species increasing body length. For example, snakeheads, as well as adults, appears to complex and C. punctata), breeding Quayyum and Quasim (1962) recorded occur from incidental ingestion. pairs can be found throughout the year. fecundity ranging from 2,300—26,000 Some species spawn twice each year. oo¨cytes for C. striata, increasing in Respiration and Overland Migrations Okada (1960) reported that female number with increasing body length. Snakeheads are highly evolved northern snakeheads, C. argus, are The bullseye snakehead, C. marulius, airbreathing teleostean (bony) fishes, capable of spawning five times per year. the largest species of snakehead, has and many are capable of overland There are several reports that when been reported to produce approximately migration by wriggling motions (Lee and snakeheads pair, the pair remains 40,000 oo¨cytes (Jhingran, 1984). Frank Ng, 1991; Berra, 2001). They possess monogamous for a spawning season, (1970) reported that the northern suprabranchial (above the gills) perhaps longer, but a pair may not mate snakehead, C. argus, produced chambers for aerial respiration, and the for life. approximately 50,000 oo¨cytes (Frank, ventral aorta is divided into two

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

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TABLE 2.—PARASITES OF NORTHERN SNAKEHEAD, Channa argus—Continued [Adapted from Bykhovskaya-Pavolovskaya et al. (1964)

Parasite Group Host issues Other fishes affected

Lamproglena chinensis ...... Copepoda ...... gills.

Literature on parasites of snakeheads initiated in six of those States within the in 2002. Until reproduction has been includes numerous descriptions of new past two years (Alabama, California, confirmed, the species is considered species, not detailed herein, but Florida, Kentucky, Texas, and present but not established. This species indicates that most studies concentrate Washington). is not involved in the aquarium fish on cultured fishes such as Channa trade, but is sold in live food fish Florida argus, C. punctata, and C. striata. The markets as a food fish. The most likely potential threat of these parasites to An established population of the pathway is introduction of live food native North American fishes has yet to bullseye snakehead, Channa marulius, fish, perhaps to establish a local source. be examined. was discovered in residential lakes and The northern snakehead is sold in live A disease that received broad adjoining canals in Tamarac, Broward food fish markets and some restaurants attention is epizootic ulcerative County, Florida, in 2001 (Florida Fish in Boston and New York, where syndrome (EUS) that causes high and Wildlife Conservation Commission, snakeheads are legal. Live C. argus were mortality in snakeheads, particularly 2001). It is unknown how long this confiscated in Washington (100 Channa striata and C. punctata under species has occupied these waters, individuals, alive on ice, destined for intensive culture. EUS involves several perhaps several years, but both juveniles the international district of Seattle), a pathogens, including motile aeromonad and adults have been collected, which market in Houston, Texas (Howells et bacteria (eg., Aeromonas hydrophila, A. indicates reproductive success. This al., 2002), markets in Miami and caviae, Pseudomonas fluorescens; species is the largest of snakeheads, Plantation, southeastern Florida, in Prasad et al., 1998; Qureshi et al., 1999), with adults commonly reaching lengths 2001, and in Orlando, Florida, in March a fungus Aphanomyces invadans of 120–122 cm (Talwar and Jhingran, 2002, all indications of the availability (considered a primary pathogen; Mohan 1992). It has been reported that in of this species in States where et al., 1999; Miles et al., 2001), and Maharashtra State, India, it can reach a possession is illegal. Moreover, a few perhaps a rhabdovirus (Kanchanakhan length of 1.8 m and a weight of 30 kg U.S. aquarium fish retailers sell et al., 1999; Lio-Po et al., 2000). Another (Talwar and Jhingran, 1992). A length of snakeheads via the Internet. USGS bacterium, Aquaspirillum sp., has also 30 cm can be reached in one year scientists purchased three species from been implicated in the disease (Lio-Po et (Talwar and Jhingran, 1992). The a reputable dealer in Rhode Island, who al., 1998). EUS may have originated in pathway of the introduction to Florida first requested a copy of the State permit India in the 1980s, but has since been is unknown. The species may have that allowed USGS to possess the fish in found in Pakistan, Thailand, and the escaped from a fish farm (although there Florida. Private purchases can also be Philippines with outbreaks reported are none known in Tamarac), been made through several Internet ‘‘chat from all these areas during the 1990s. purposefully introduced to establish a rooms’’ where possession of permits is Snakeheads are not the only fishes food or aquarium fish resource, or they not discussed. affected by this disease. It is also known may have been introduced by aquarists. California to occur in airbreathing (), Tamarac is located just east of Water the bagrid catfish genus Mystus, two Conservation Area II, north of California Department of Fish and cyprinid genera (Cyprinus and Puntius), Everglades National Park, and Game personnel collected a snakehead mastacembalid (Mastacembalus), interconnected canal systems lead into while electrofishing in a reservoir, and the nandid genus Nandus in India this area. Nevertheless, there are water Silverwood Lake, in 1997. Silverwood (Mukherjee, 1998). In Thailand, it has control structures on canals leading into Lake is in the Mohave River drainage, been found in giant gourami Water Conservation Area II that would east-northeast of Los Angeles and north (Osphronemus gouramy) and climbing have to be open to allow this snakehead of San Bernardino in the San perch (Anabas testudineus) during an access to that area. It is likely that C. Bernardino Mountains. The specimen outbreak in 1996–1997 (Kanchanakhan marulius will expand its range in was subsequently frozen and later et al., 1999). peninsular Florida as its native range discarded (Camm Swift, pers. comm.). It History of introduction in the United includes tropical to temperate climates. was identified as Channa argus (John States: Four species of snakeheads The bullseye snakehead is considered Sunada, pers. comm. to W.R. Courtenay, (Channa argus, C. marulius, C. predacious (Jhingran, 1984; Talwar and Jr.). It is believed that the fish got in the micropeltes, and C. striata) have been Jhingran, 1992), especially on other lake from the California Aqueduct that recorded from open waters of the United fishes (Schmidt, 2001). runs from the San Joaquin River south States (California, Florida, Hawaii, The northern snakehead, Channa of Stockton into Lake Silverwood, one Maine, Maryland, Massachusetts, and argus, is also reported from Florida of several reservoirs that serves Los Rhode Island), and two have become waters. Two individuals were caught in Angeles. established as reproducing populations. the St. Johns River below Lake Harney, Hawaii At least 13 States prohibit possession of Seminole and Volusia counties, in 2000. live snakeheads (Alabama, California, Unconfirmed reports indicate three The chevron snakehead, (Channa Colorado, Florida, Georgia, Idaho, additional individuals having been striata) has been established on Oahu, Kentucky, Mississippi, Nevada, Oregon, caught nearby. An attempt to collect Hawaii, since the late 1800s and was Texas, Utah, and Washington) and there additional specimens by U.S. Geological introduced from southern China (Herre, has been illegal activity, confiscations, Survey personnel by electroshocking 1924). For whatever reasons, it does not citations issued, or investigations was unsuccessful, but will be repeated appear to have been introduced to other

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

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Potential Range Individual specimens of Channa Japan. Since introduction of the Temperature is the most important micropeltes were caught in Maine, northern snakehead into the Aral Sea environmental factor that would Massachusetts, and Rhode Island in past basin in the 1960s, there has been a determine potential range of snakeheads years, the source of which were most dramatic range expansion in waters of in the United States. Because there are likely aquarium fish releases. Those Kazakhstan, Turkmenistan, and few data providing thermal tolerance New England States are temperate and Uzbekistan. Range expansion also ranges for snakeheads, potential range could not support establishment of this occurred in the Philippines following must be inferred from distribution tropical/subtropical snakehead. introduction of the chevron snakehead, within native ranges. The family Escape from culture has resulted in C. striata. As discussed above in the Channidae contains nine species that establishment of other nonindigenous Biology section, there are few waters in are strictly tropical, and if introduced, fishes. If, however, these fish are being the United States or territories of the would survive in the warmest waters shipped to markets in other States, United States that, based on such as extreme southern Florida, release of live food fish becomes a temperature, would preclude some perhaps parts of southern California, viable pathway for introduction of this member(s) of the family Channidae from Hawaii, and certain thermal spring species and they could become becoming established. systems and their outflows in the established from Florida to or above the At all life stages, snakeheads will American west. Another four can be U.S.-Canadian border and in many compete for food with native species. As considered tropical to subtropical, territories of the United States. discussed above in the Biology section, If snakeheads escaped, or were indicating a similar potential range of snakehead fry feed on zooplankton; released into the wild, the likelihood distribution as for tropical species but juveniles feed on insect larvae, small that they would survive and/or become with a greater likelihood of survival crustaceans, and fry of other fishes; and established with or without during cold winters and more adults are predators, feeding on other reproduction is dependent upon the northward limits. One is subtropical. fishes, crustaceans, frogs, smaller species of snakehead involved and the Another 12 (4 of which appear to be reptiles (snakes, lizards), and sometimes location of the release. Waters of species complexes) snakeheads can birds (particularly young waterfowl) and southern Florida, Hawaii, the Caribbean tolerate tropical or subtropical to warm mammals. Through predation, territories, and certain thermal springs temperate conditions, indicative of ecosystem balance could be modified in the western United States are suitable species that could survive in most drastically should snakeheads become for survival and establishment of established in waters with low diversity southern States. One is warm temperate, probably all tropical/subtropical to of native fishes and low abundance or and another warm temperate to cold warm temperate snakehead species. absence of native predatory species. temperate (Channa argus with a ° That Channa striata has been While the potential for snakeheads to temperature range of 0–>30 C). established for over a century in Hawaii transfer pathogens to native wildlife is In summary, there are few waters in and, more recently, C. marulius has largely unknown, all snakehead species the United States or territories of the become established as a reproducing examined are host to at least several United States that, based on population in southeastern Florida is species of parasites. At least two temperature, would preclude some indicative of the likelihood of survival snakehead species, Channa punctata member(s) of the family Channidae from and potential for establishment of and C. striata, are susceptible to becoming established. snakehead fishes. Although C. striata is epizootic ulcerative syndrome (EUS), a Need for Proposed Rule— largely confined to reservoirs on Oahu, disease believed to be caused by several Environmental Consequences C. marulius has ample opportunity to species of bacteria, a fungus, and Factors That Contribute to expand its range in southeastern Florida perhaps a retrovirus, under intensive Injuriousness through the large network of culture conditions. EUS is not specific interconnected canals and Water to snakeheads and has affected other The likelihood of release or escape of Conservation Areas to the west of the fishes, such as clariid catfishes, bagrid snakeheads is high. One species, metropolitan areas. The native range of catfishes, two cyprinid genera, Channa striata, was released and this species extends above 30° N. mastacembalid eels, and a nandid fish became established in waters of Oahu, The availability of Channa argus in in India; in Thailand, it has been found Hawaii, before 1900. It was likely live food fish markets raises the in giant gourami and climbing perch. introduced as a food fish. A second probability that this species will be There have been no studies undertaken species, Channa marulius, is a recent released into open water. Moreover, its to examine transfer of parasites or introduction to southeastern Florida native range extends from the Yangtze diseases to native North American (Broward County) and has also become basin in central China northward into fishes. established. The pathway for this the Amur basin and some of its northern Due to the highly predatory nature of introduction was release of either food tributaries. Its lower thermal limit is snakeheads, the likelihood and or aquarium fish. Two specimens of 0° C. That two documented specimens magnitude of effect on threatened and Channa argus were caught in the St. were captured by angling from the St. endangered species is high. Of all the Johns River near Sanford, Florida, and Johns River near Sanford, Florida, and taxa listed as endangered or threatened three more were alleged to have been another taken by electrofishing in a in U.S. aquatic habitats, 16 amphibians, caught at or near the same location. This pond in central Massachusetts is 115 fishes, and 5 of the 21 crustaceans species is available only through live evidence that this fish is being released. (the surface-dwelling crayfish and food fish markets. The same species was The likelihood and magnitude of shrimp) would be the most likely to be captured from a pond in central spread would be high for all species affected. Based on habitat requirements Massachusetts in October 2001. The within their thermal limits. Both the and life history, fishes are more likely snakehead captured in Lake Silverwood, northern snakehead, Channa argus, and, to be affected by introduced snakeheads California, was also C. argus. Two to a somewhat lesser extent, the than amphibians and the surface- adults and eight juveniles of C. argus blotched snakehead, C. maculata, dwelling crustaceans. Nonetheless, the were collected from a pond in Crofton, expanded their ranges of distribution possibility of an additional Maryland, in June and July 2002. from sites of initial introduction in nonindigenous predator in the aquatic

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community with any listed amphibian group of young, and attacks were Since effective measures to eradicate, or crustacean would constitute a threat. perpetrated by guarding adults. manage, or control the spread of In the western United States, habitat Therefore, the likelihood and magnitude snakeheads once they are established requirements of listed fishes range from of direct impacts on human beings is are not currently available, the ability to steep-gradient, coldwater mountain low. rehabilitate or recover ecosystems streams, lower-gradient large desert disturbed by the species is low. rivers, to thermal (warm) springs in Factors That Reduce or Remove Injuriousness Significant risks associated with desert areas. Eastern fishes likewise snakehead release relate to occupy a variety of habitats, including The ability and effectiveness of endangerment and extinction of native springs, creeks, large rivers, and the measures to prevent escape or amphibians, fishes, and crustaceans. Re- Great Lakes. One or more species of establishment of snakeheads are low. As establishment of extirpated populations, snakeheads would be capable of living discussed above, the pathways for if biologically possible, would be labor in any of the above habitats. Since all introduction include intentional and and cost intensive and would depend snakehead species prey on fish, to a unintentional releases from the live food on eradication of snakeheads within greater or lesser extent, all of the fishes fish trade and aquarists. All but the those habitats. listed as endangered or threatened smallest snakeheads are unsuitable for Because snakeheads are likely to would be vulnerable to predation at community tanks, and even they may escape or be released into the wild; are some stage in their life history. The kill other fishes in aquaria. Some likely to survive or become established degree of threat would vary from outgrow their tanks, and the tendency of if they escape or are released; are likely extremely high for any species of aquarium hobbyists has been to release to spread since there are no known snakeheads introduced in relatively fish into open waters rather than killing limiting factors; are likely to compete small, isolated habitats, such as desert a pet (Courtenay and Hensley, 1980; with native species for food; may thermal springs and their outflows in Courtenay and Stauffer, 1991; Courtenay transmit parasites to native species; are the American southwest, to somewhat and Williams, 1992; Courtenay, 1993; likely to feed on native species, which less in steep-gradient coldwater OTA, 1993). The availability of live will negatively affect native fishes, mountain streams. Based on the food snakeheads increases the probability of amphibians, crustaceans, birds, small habits and habitat preferences of introductions to create localized sources reptiles, and small mammals; and snakeheads, it is likely to invade the of live fish for live food fish markets and because it will be difficult to prevent, habitat, feed on, and further threaten probably encourages some eradicate, manage, or control the spread entrepreneurs to consider culturing Federally listed freshwater fishes. of snakeheads; and because it will be these species within the continental Snakeheads are likely to also further difficult to rehabilitate or recover United States. Additionally, the threaten numerous other potential ecosystems disturbed by the species, the likelihood of individuals traveling candidates for Federal protection. Service finds snakeheads to be injurious The likelihood that one or more relatively short distances over land or to the wildlife and wildlife resources of species may be placed in danger of being swept into other water bodies by the United States. extinction or become endangered within flooding is high. the foreseeable future as a result of The ability to eradicate or control Required Determinations snakehead populations depends on introduction/establishment is high. The Paperwork Reduction Act introduction of a small number of where they are found. If established in individuals (<5) into isolated spring large lakes or river systems, eradication Currently we have approval from habitats could result in the extinction of and/or control is expected to be nearly OMB to collect information under OMB endemic spring-adapted fishes or impossible, and they would likely control number 1018–0092. This crustaceans. The snakeheads would not become permanent members of the fish approval expires July 31, 2004. We may have to establish a reproducing community. Control in smaller water not conduct or sponsor, and a person is population to reduce or eliminate a fish bodies depends upon the amount of not required to respond to, a collection or crustacean species confined to a vegetation, the accessibility to the water of information unless we display a small section of a stream or isolated body, and the effectiveness of the currently valid OMB control number. control methods. When a population is spring habitat. A small number of Regulatory Planning and Review snakeheads introduced, but not discovered, it is typically too late for established, in a stream or lake would removal unless the population is In accordance with the criteria in likely have less of an impact. However, isolated. Additionally, controlling the Executive Order 12866, the Office of any snakehead that becomes established spread of pathogens once they have Management and Budget has in a water body would represent a been introduced in the wild is determined that this rule is not a significant threat and could potentially practically impossible. significant regulatory action. put any listed amphibian, fish, or There is no known method of (a) This rule will not have an annual crustacean at risk of extinction. removing all snakeheads following economic effect of $100 million or The likelihood and magnitude of introduction. Piscicides work by adversely affect an economic sector, ancillary wildlife resource damage due preventing fish from removing oxygen productivity, jobs, the environment, or to control measures is high. Chemical from the water. Chemical control using other units of the government. A cost- control using rotenone or other similar rotenone and similar toxins would benefit and economic analysis is not toxins would likely be damaging to non- likely be ineffective to airbreathing required. target organisms. snakeheads and damaging to nontarget The net economic effect of prohibiting Only one species of snakehead, organisms except in closed situations. the importation of snakeheads is Channa micropeltes, a tropical/ Electrofishing and netting may provide difficult to determine because of the subtropical species, is reported to have some level of control of snakehead minimal amount of data available for a attacked human beings. There have been populations; however, eradication using relatively new species to the import reports of human deaths as a result. All these methods would be too selective on trade. There is a trade-off between such incidents apparently happened size classes to remove a population of damage avoided by not letting when humans approached a nest or snakeheads. snakeheads get into U.S. water bodies

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and the economic benefits received by interested in keeping snakeheads Takings fish markets and aquarium owners who appears to be small, and snakeheads In accordance with Executive Order want to own the species. Since only represent a minor component in the 12630, the rule does not have significant $85,000 worth of snakeheads were aquarium fish industry (Marshall Myers, takings implications. A takings imported during the four-year period pers. comm.. to J.D. Williams). With implication assessment is not required. between 1997 and 2000, and the only 16,554 individual snakeheads This rule will not impose significant potential damage that could be done by imported over four years and most of requirements or limitations on private snakeheads if they get into U.S. waters these going to restaurants for human property use. would be in the millions of dollars from consumption, the number of entities the loss of native species, including engaging in selling and buying these Federalism threatened and endangered species, this fish is very small. There is no In accordance with Executive Order rule will have a net positive benefit. The recreational for these species. 13132, the rule does not have significant dollar amount of imported value is not The number of entities involved in the Federalism effects. A Federalism the net economic value of this fish, but trade of these species is not known, but assessment is not required. This rule the relatively small amount of imported it is assumed to be very small because will not have substantial direct effects value compared to environmental of the small number of these fish on States, in the relationship between damage avoided by prohibiting these imported. This rulemaking will have the the Federal Government and the States, species is convincing that this rule will indirect effect of protecting native or on the distribution of power and not have a major negative economic fishes, amphibians, and crustaceans responsibilities among the various effect. from the intentional or accidental levels of government. Therefore, in (b) This rule will not create introduction of snakeheads into U.S. accordance with Executive Order 13132, inconsistencies with other agencies. water bodies. The snakeheads would we determine that this rule does not This rule pertains only to regulations likely devastate many native wildlife have sufficient Federalism implications promulgated by the Fish and Wildlife populations if introduced into a to warrant the preparation of a Service under the Lacey Act. No other waterway. It is very unlikely that this Federalism Assessment. agencies are involved in these rulemaking will affect a substantial regulations. number of small entities and those Civil Justice Reform (c) This rule will not materially affect entities affected will not be significantly In accordance with Executive Order entitlements, grants, user fees, loan affected because of the very small 12988, the Office of the Solicitor has programs, or the rights or obligations of numbers of these fish imported. This determined that the rule does not their recipients. This rule does not affect rulemaking, by protecting the unduly burden the judicial system and entitlement programs. This rule is environment from the spread of a meets the requirements of sections 3(a) aimed at regulating the importation and nonnative species that would devastate and 3(b)(2) of the Executive Order. The movement of non-indigenous species native fishes, amphibians, and proposed rule has been reviewed to that have the potential to cause crustaceans, will indirectly work to eliminate drafting errors and ambiguity, significant economic and other impacts sustain the economic benefits enjoyed was written to minimize litigation, on natural resources. by numerous small establishments provides a clear legal standard for (d) This rule does not raise novel legal engaged in the recreational fishing affected conduct rather than a general or policy issues. No previous listings of industry, among others. standard, and promotes simplification wildlife as injurious have raised legal or This rule will not cause a major and burden reduction. policy concerns. increase in costs or prices for NEPA Regulatory Flexibility Act and SBREFA consumers, individual industries, Federal, State, or local government We have reviewed this rule in This rule will not have a significant agencies, or geographic regions. This accordance with the criteria of the economic effect on a substantial number rulemaking will not affect costs or National Environmental Policy Act and of small entities as defined under the prices for any fish species other than our Departmental Manual in 516 DM. Regulatory Flexibility Act (5 U.S.C. 601 snakeheads. If the species are found This rule does not constitute a major et seq.). A Regulatory Flexibility injurious, and importation and Federal action significantly affecting the Analysis is not required. Accordingly, a interstate movement are banned, the quality of the human environment. An Small Entity Compliance Guide is not maximum loss would be approximately environmental impact statement/ required. The rule is not a major rule $22,000 per year to the few entities that assessment is not required. The action is under 5 U.S.C. 804(2), the Small deal in these species. categorically excluded under the Business Regulatory Enforcement Department’s NEPA procedures (516 Unfunded Mandates Reform Act Fairness Act. This rule will not have an DM 2, Appendix 1.10), which apply to annual effect on the economy of $100 In accordance with the Unfunded policies, directives, regulations, and million or more, and does not have Mandates Reform Act (2 U.S.C. 1501 et guidelines of an administrative, legal, significant adverse effects on seq.), the rule will not ‘‘significantly or technical, or procedural nature; or the competition, employment, investment uniquely’’ affect small governments. A environmental effects of which are too productivity, innovation, or the ability Small Government Agency Plan is not broad, speculative, or conjectural to of U.S.-based enterprises to compete required. The Service has determined lend themselves to meaningful analysis with foreign-based enterprises. and certifies pursuant to the Unfunded and will be subject later to the NEPA No individual small industry within Mandates Reform Act that this process, either collectively or on a case- the United States will be significantly rulemaking will not impose a cost of by-case basis. affected if snakehead importation and $100 million or more in any given year interstate transport are prohibited. Live on local or State governments or private Tribal Consultation food fish markets, restaurants, and entities; will not produce a Federal In accordance with the President’s aquarium hobbyists are the entities most mandate of $100 million or greater in memorandum of April 29, 1994, likely to be affected by this rule. The any year and therefore, is not a ‘‘Government-to-Government Relations number of aquarium hobbyists ‘‘significant regulatory action’’. with Native American Tribal

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Governments’’ (59 FR 22951), Executive email address will be closed at the easier to understand to: Office of Order 13175, and 512 DM 2, we have termination of this public comment Regulatory Affairs, Department of the evaluated potential effects on Federally period. Interior, Room 7229, 1849 C Street NW., recognized Indian tribes and have Our practice is to make comments, Washington, DC 20240. You may also e- determined that there are no potential including names and home addresses of mail comments to [email protected]. effects. This rule involves the respondents, available for public review importation and interstate movement of during regular business hours. References Cited live snakeheads. Individual respondents may request that A complete list of all references cited we withhold their home address from Effects on Energy in this rule is available upon request the rulemaking record, which we will from the Division of Environmental On May 18, 2001, the President issued honor to the extent allowable by law. In Quality (see FOR FURTHER INFORMATION Executive Order 13211 on regulations some circumstances, we would CONTACT section). that significantly affect energy supply, withhold from the rulemaking record a distribution, and use. Executive Order respondent’s identity, as allowable by List of Subjects in 50 CFR Part 16 13211 requires agencies to prepare law. If you wish us for to withhold your Fish, Imports, Reporting and Statements of Energy Effects when name and/or address, you must state recordkeeping requirements, undertaking certain actions. Because this prominently at the beginning of Transportation, Wildlife. this proposal is intended to prevent the your comment. However, we will not Accordingly, we propose to amend accidental or intentional introduction of consider anonymous comments. We part 16, subchapter B, of Chapter I, Title snakeheads and the possible subsequent will make all submissions from 50 of the Code of Federal Regulations as establishment of populations of these organizations or businesses, and from fish in the wild, it is not a significant individuals identifying themselves as set forth below. regulatory action under Executive Order representatives or officials of PART 16—[AMENDED] 12866 and is not expected to organizations or businesses, available significantly affect energy supplies, for public inspection in their entirety. 1. The authority citation continues to distribution, and use. Therefore, this Due to the highly predatory nature of read as follows: action is a not a significant energy these fishes and the inability to control Authority: 18 U.S.C. 42. action and no Statement of Energy them and therefore the need for rapid Effects is required. regulatory action, the public comment 2. Amend § 16.13 by revising This notice solicits economic, period has been limited to 30 days. paragraph (a)(2) to read as follows: biological, or other information concerning snakeheads of the family Clarity of the Rule § 16.13 Importation of live or dead fish, Channidae. The information will be Executive Order 12866 requires each mollusks, and crustaceans, or their eggs. used to determine if this family of fishes agency to write regulations that are easy (a) * * * is a threat, or potential threat, to those to understand. We invite your (2) The importation, transportation, or interests of the United States delineated comments on how to make this rule acquisition of any live fish or viable above, and thus warrants addition to the easier to understand including answers eggs of the , family list of injurious fish in 50 CFR 16.13. to questions such as the following: (1) Clariidae; live mitten crabs, genus Are the requirements in this rule clearly Eriochei, or their viable eggs; live Public Comments Solicited stated? (2) Does the rule contain mollusks, veligers, or viable eggs of Please send comments to Chief, technical language or jargon that zebra mussels, genus Dreissena; and any Division of Environmental Quality, U.S. interferes with the clarity? (3) Does the live fish or viable eggs of the snakehead, Fish and Wildlife Service, 4401 North format of the rule (grouping and order Family Channidae, is prohibited except Fairfax Drive, Suite 322, Arlington, VA of sections, use of headings, as provided under the terms and 22030. Comments may be hand paragraphing, etc.) aid or reduce its conditions set forth in § 16.22. delivered or faxed to (703) 358–1800. If clarity? (4) Is the description of the rule * * * * * you submit comments by e-mail, please in the SUPPLEMENTARY INFORMATION submit comments as an ASCII file section of the preamble helpful in Dated: July 22, 2002. form