Administrative

There has been a regulation update where a decision has been made to regulate the transportation of animals in commerce to all foreign air carriers, to or from any point within the United States.  If an animal is protected by the AWA, it will continue to be protected when being transported within or from the United States.  This update essentially increases the level of protection that animals protected under the AWA will receive.

The Senate amendment designates this title as the “Improved Standards for Laboratory Animals Act.” 

By 1970 it was apparent that changes in the law would be required if the goal of humane treatment of animals was to be realized. There were four areas of significant change to the AWA in the 1970 amendments.

The update of the Definition of Dealer, in Section 1.1 of the Regulation is made to reflect the policy that only wholesale dealers of dogs intended for hunting, security purposes, and breeding, and not dealers of retail services, will be controlled by the regulation.  Thus, there is only a minor change to the definition of dealer, in that it now explicitly excludes any retail outlets where dogs are sold for hunting, breeding or security purposes. 

The Fish and Wildlife Service reexamined the regulatory mechanisms in relation to the 1998 finding for a petition to list the Florida black bear (Ursus americanus floridanus), under the Endangered Species Act.  Pursuant to a court order, the Service reexamined only one factor, the inadequacy of existing regulatory mechanisms in effect at the time of our previous 1998 12-month finding.  Pursuant to that order, the Service reexamined the existing finding considering the laws, regulations, and policies that directly or indirectly provide protection to the bear or its habitats. Based on this review, the FWS concluded that the existing regulatory mechanisms applicable in 1998 are not inadequate and do not warrant listing the Florida black bear.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

The purpose of this depredation order is to help reduce depredation of aquacultural stock by double-crested cormorants at private fish farms and State and Federal fish hatcheries.

This rule is a correction to a previous final rule designating critical habitat for the Topeka Shiner ( Notropis Topeka ), published in the Federal Register on July, 24, 2004 (69 FR 44736).   In the previous final rule, the FWS designated as critical habitat 1,356 kilometers of stream in Iowa, Minnesota, and Nebraska.   They excluded from designation all previously proposed critical habitat in Kansas, Missouri, and South Dakota, and excluded the Fort Riley Military Installation in Kansas from critical habitat designation .

This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout.   The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes.   The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.

This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter ( Etheostoma wapiti ) , an endangered fish, and the spotfin chub ( Cyprinella (= Hybopsis ) monacha ) , a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee.   This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area.   Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (= Hybopsis ) monacha to Erimonax monachus , to reflect a recent change in the scientific literature.

This excerpt is from the Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout, 69 FR 59996-01, 2004 WL 2232024 (F.R.).  It apparently expresses the opinion of the U.S. Fish & Wildlife Service that the current process for designating critical habitat does little for the conservation of listed species.

The Fish and Wildlife Service reclassifies under the Endangered Species Act of 1973 (Act), as amended, the bald eagle (Haliaeetus leucocephalus) from endangered to threatened in the lower 48 States. The bald eagle remains classified as threatened in Michigan, Minnesota, Wisconsin, Oregon, and Washington where it is currently listed as threatened. The special rule for threatened bald eagles is revised to include all lower 48 States. This action will not alter those conservation measures already in force to protect the species and its habitats. The bald eagle also occurs in Alaska and Canada, where it is not at risk and is not protected under the Act. Bald eagles of Mexico are not listed at this time due to a recently enacted moratorium on listing additional taxa as threatened or endangered.

The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region.

The U.S. Fish and Wildlife Service (Service) is reviewing the status of the bald eagle (Haliaeetus leucocephalus) in preparation of a proposal to either reclassify or delist the species. Since 1978 when the species was listed throughout its range in the conterminous States, the bald eagle has increased in several important population parameters including the number of nesting pairs and production of young. The Service has approved five regional recovery plans for the bald eagle that collectively encompass the entire conterminous 48 States. The current population data indicate that the bald eagle has met the goals for reclassification from endangered to threatened in four of these five recovery plans. The Service is currently reviewing past and present bald eagle population survey data and other information to ascertain what listing action may be appropriate for the species. The Service seeks data and comments from the public on this notice and is requesting information on environmental and other impacts that would result from a proposal to either reclassify, downlist, or delist all or specific populations of the bald eagle.

This notice advises the public of the Fish and Wildlife Service's development of a golden eagle management plan and invites public comment. The plan is needed to : (1) identify golden eagle needs; and (2) guide Service management and research efforts for golden eagles. The intended effect of the plan is to protect and conserve golden eagle populations while facilitating balanced development of the Nation's natural resources and the resolution of eagle/man conflicts.

Because of conflicts between preservation of golden eagle nests and resource development or recovery operations, particularly surface coal mining activities in the western States, Congress amended the Eagle Protection Act to authorize the Secretary of the Interior to issue regulations that permit the taking of golden eagle nests found on the site of those operations under certain circumstances. Under that authority, the Service amends its regulations under the Eagle Protection Act to permit the taking (i.e., collection, molestation, disturbance, or destruction) of golden eagle nests during resource development or recovery operations when the nests are inactive if the taking is compatible with the preservation of the area nesting population of golden eagles. Little or no long-term impact on area nesting populations of golden eagles is expected as a result of this action.