67862 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: have to be currently imported or present Susan Jewell, U.S. Fish and Wildlife in the United States for the Service to Fish and Wildlife Service Service, MS–FAC, 5275 Leesburg Pike, list it as injurious. All 11 species have Falls Church, VA 22041–3803; 703– a high climate match in parts of the 50 CFR Part 16 358–2416. If a telecommunications United States, a history of invasiveness [Docket No. FWS–HQ–FAC–2013–0095; device for the deaf (TDD) is required, outside their native ranges, and, except FXFR13360900000–167–FF09F14000] please call the Federal Information for one fish species in one lake, are not Relay Service (FIRS) at 800–877–8339. currently found in U.S. ecosystems. RIN 1018–AY69 SUPPLEMENTARY INFORMATION: Nine of the freshwater fish species (Amur sleeper, crucian carp, Eurasian Injurious Wildlife Species; Listing 10 Executive Summary minnow, European perch, Prussian Freshwater Fish and 1 Crayfish The U.S. Fish and Wildlife Service carp, roach, stone moroko, wels catfish, AGENCY: Fish and Wildlife Service, (Service) is amending its regulations to and zander) have been introduced to Interior. add to the list of injurious fish the and established populations within ACTION: Final rule. following nonnative freshwater fish Europe and Asia, where they have species: Crucian carp, Eurasian spread and are causing harm. The Nile SUMMARY: The U.S. Fish and Wildlife minnow, Prussian carp, roach, stone perch has been introduced to and Service (Service) is amending its moroko, Nile perch, Amur sleeper, become invasive in new areas of central regulations to add to the list of injurious European perch, zander, and wels Africa. The common yabby has been fish the following freshwater fish catfish. In addition, the Service is introduced to western Australia and to species: Crucian carp (Carassius amending its regulations to add the Europe where it has established carassius), Eurasian minnow (Phoxinus common yabby, a nonnative freshwater invasive populations. Most of these phoxinus), Prussian carp (Carassius crayfish species, to the list of injurious species were originally introduced for gibelio), roach (Rutilus rutilus), stone crustaceans. These listings prohibit the aquaculture, recreational fishing, or moroko (Pseudorasbora parva), Nile importation of any live animal, gamete, ornamental purposes. Two of these fish perch (Lates niloticus), Amur sleeper viable egg, or hybrid of these 10 fish and species (the Eurasian minnow and stone (Perccottus glenii), European perch 1 crayfish (11 species) into the United moroko) were accidentally introduced (Perca fluviatilis), zander (Sander States, except as specifically authorized. when they were unintentionally lucioperca), and wels catfish (Silurus These listings also prohibit the transported in shipments with desirable glanis). In addition, the Service also interstate transportation of any live fish species stocked for aquaculture or amends its regulations to add the animal, gamete, viable egg, or hybrid of fisheries management. freshwater crayfish species common these 10 fish and 1 crayfish, except as Based on our evaluation under the yabby (Cherax destructor) to the list of specifically authorized. With this final Act of all 11 species, the Service seeks injurious crustaceans. These listings rule, the importation and interstate to prevent the introduction, will prohibit the importation of any live transportation of any live animal, establishment, and spread within the animal, gamete, viable egg, or hybrid of gamete, viable egg, or hybrid of these 10 United States of each species by adding these 10 fish and 1 crayfish into the fish and 1 crayfish may be authorized them all to the Service’s lists of United States, except as specifically only by permit for scientific, medical, injurious wildlife, thus prohibiting both authorized. These listings will also educational, or zoological purposes, or their importation and interstate prohibit the interstate transportation of without a permit by Federal agencies transportation. We take this action to any live animal, gamete, viable egg, or solely for their own use. This action is prevent injurious effects, which is hybrid of these 10 fish and 1 crayfish necessary to protect the interests of consistent with the Lacey Act. between States, the District of Columbia, agriculture, wildlife, or wildlife We evaluated the 10 fish and 1 the Commonwealth of Puerto Rico, or resources from the purposeful or crayfish species using the Service’s Injurious Wildlife Evaluation Criteria. any territory or possession of the United accidental introduction, establishment, The criteria include the likelihood and States, except as specifically authorized. and spread of these 11 species into magnitude of release or escape, of These species are injurious to the ecosystems of the United States. On October 30, 2015, we published a survival and establishment upon release interests of agriculture or to wildlife or proposed rule in the Federal Register or escape, and of spread from origin of the wildlife resources of the United (80 FR 67026) to add the 11 species to release or escape. The criteria also States, and the listing will prevent the the list of injurious fish and crustaceans examine the effect on wildlife resources purposeful or accidental introduction, as injurious wildlife under the Lacey and ecosystems (such as through establishment, and spread of these 10 Act (the Act; 18 U.S.C. 42, as amended) hybridizing, competition for food or fish and 1 crayfish into ecosystems of and announced the availability of the habitat, predation on native species, and the United States. draft economic analysis and the draft pathogen transfer), on endangered and DATES: This rule is effective on October environmental assessment of the threatened species and their respective 31, 2016. proposed rule. The 60-day comment habitats, and on human beings, forestry, ADDRESSES: This final rule is available period ended on December 29, 2015. We horticulture, and agriculture. on the Internet at http:// also solicited peer review at the same Additionally, criteria evaluate the www.regulations.gov under Docket No. time. In this final rule, we used public likelihood and magnitude of wildlife or FWS–HQ–FAC–2013–0095. Comments comments and peer review to inform habitat damages resulting from control and materials received, as well as our final determinations. measures. The analysis using these supporting documentation used in the The need for the action to add 11 criteria serves as a basis for the Service’s preparation of this rule, will also be nonnative species to the list of injurious regulatory decision regarding injurious available for public inspection by wildlife under the Lacey Act developed wildlife species listings. appointment during normal business from the Service’s concern that, through Each of these 11 species has a well- hours at: U.S. Fish and Wildlife Service; our rapid screen process, these 11 documented history of invasiveness 5275 Leesburg Pike; Falls Church, VA species were categorized as ‘‘high risk’’ outside of its native range, but not in the 22041. for invasiveness. A species does not United States. When released into the VerDate Sep<11>2014 22:17 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER6.SGM 30SER6 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67863 environment, these species have and estimation of the economic benefits made one change to the common yabby survived and established, expanded and cost associated with the that did not result in a change to the their nonnative range, preyed on native implementation of the regulations. The final determination to that species but wildlife species, and competed with economic effects to three groups would may be worth singling out. We removed native species for food and habitat. be addressed: (1) Producers; (2) ‘‘Potential Impacts to Humans’’ as one Since it would be difficult to eradicate, consumers; and (3) society. Of the 11 of the factors for considering the yabby manage, or control the spread of these species, only one population of one as injurious. We found that while the 11 species; it would be difficult to species (zander) is found in the wild in common yabby may directly impact rehabilitate or recover habitats disturbed the United States. Of the 11 species, 4 human health by transferring metal by these species; and because species (crucian carp, Nile perch, wels contaminants through consumption and introduction, establishment, and spread catfish, yabby) have been imported in may require consumption advisories, of these 11 species would negatively small numbers since 2011, and 7 species these advisories are not expected to be affect agriculture, and native wildlife or are not in U.S. trade. To our knowledge, more stringent than those for crayfish wildlife resources, the Service is the total number of importation events species that are not considered amending its regulations to add these 11 of those 4 species from 2011 to 2015 is injurious. Therefore, none of the 11 species as injurious under the Lacey 25, with a declared total value of $5,789. species in this final rule is being listed Act. This listing prohibits the Therefore, the economic effect in the as injurious wildlife because of importation and interstate United States is negligible for those four potential impacts to humans. transportation of any live animal, species and nil for the seven not in Background gamete, viable egg, or hybrid in the trade. The final economic analysis that United States, except as specifically the Service prepared supports this The regulations contained in 50 CFR authorized. conclusion (USFWS Final Economic part 16 implement the Act. Under the The Service solicited three Analysis 2016). terms of the Act, the Secretary of the independent scientific peer reviewers Interior is authorized to prescribe by who all submitted individual comments Previous Federal Actions regulation those wild mammals, wild in written form.