Federal Register / Vol. 67, No. 193 / Friday, October 4, 2002 / Rules and Regulations 62193 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 62194 Federal Register / Vol. 67, No. 193 / Friday, October 4, 2002 / Rules and Regulations 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