51326 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Proposed Rules
DEPARTMENT OF THE INTERIOR proposed rule closed on September 30, movement of live triploid (sterile) black
2002. On June 4, 2003 (68 FR 33431), we carp. Comments already submitted on
Fish and Wildlife Service reopened the comment period until the proposed rule need not be
August 4, 2003. We evaluated 103 resubmitted as they will be fully
50 CFR Part 16 comments received during the two considered in our decisionmaking.
RIN 1018–AG70 comment periods on the proposed rule. The Service solicits substantive
We have also recently received new public comment on the following issues:
Injurious Wildlife Species; Black Carp information relevant to the proposed 1. How many black carp (diploid,
(Mylopharyngodon piceus); Availability listing from the aquaculture industry triploid, or both) are currently in use in
of Draft Environmental Assessment that we intend to consider during the how many States? If a permit is
and Draft Economic Analysis development of the final rulemaking required, please provide the number of
documents. This information can be black carp permitted for the past 15
AGENCY: Fish and Wildlife Service, accessed for public review using the years.
Interior. contact information provided in the 2. Are data available regarding the
ACTION: Proposed rule; reopening of ADDRESSES section above. This notice number of channel catfish, baitfish, or
comment period and availability of announces the availability of a draft hybrid striped bass farms that use
supplemental information. environmental assessment and draft diploid, triploid, or both diploid and
economic analysis for the proposed rule. triploid black carp? What is the total
SUMMARY: We, the U.S. Fish and We are soliciting public comments on acreage of black carp (diploid, triploid,
Wildlife Service, announce the these documents as well as all other or both) used?
availability of a draft environmental aspects of the July 30, 2002, proposed 3. Are data available to model the
assessment and draft economic analysis rule. We are particularly interested in degree to which black carp are an
for public comment. These documents comments on alternatively listing the effective biological control for snails
supplement the information in the diploid (fertile) form only, including and trematode outbreaks (i.e., mortality
proposed rule to add all forms (diploid gametes and viable eggs. A listing of the rates, growth rates, and disease
and triploid) of live black carp diploid (fertile) form would have the susceptibility)?
(Mylopharyngodon piceus), gametes, effect of prohibiting the importation of 4. Are data available to estimate the
and viable eggs to the list of injurious live diploid black carp, gametes, or cost of alternative biological and
fish, mollusks, and crustaceans under viable eggs into the United States and chemical methods to control snails and
the Lacey Act. We are also soliciting prohibiting the movement of live trematode outbreaks if diploid and
public comments on all aspects of the diploid black carp, gametes, or viable triploid black carp are listed under the
proposed rule. eggs between States without a permit Lacey Act? Are data available to
DATES: Comments must be submitted on issued by the Director of the Service. A estimate the cost of alternative
or before October 31, 2005. listing of all forms (diploid and triploid) biological and chemical methods to
ADDRESSES: The documents are would have the effect of prohibiting the control snails and trematode outbreaks
available from the Chief, Division of importation of all live black carp, if only diploid black carp are listed
Environmental Quality, U.S. Fish and gametes, or viable eggs into the United under the Lacey Act? Please provide
Wildlife Service, 4401 North Fairfax States and prohibiting the movement of data regarding the alternative
Drive, Mail Stop 322, Arlington, all live black carp, gametes, or viable methodologies and effectiveness and
Virginia 22203; FAX (703) 358–1800. eggs between States without a permit associated costs and benefits of the
They also are available on our webpage issued by the Director of the Service. alternative(s) (chemical, biological,
at http://contaminants.fws.gov/Issues/ The purpose of the draft environmental water level manipulation, or any
InvasiveSpecies.cfm. Comments may be assessment is to evaluate three combination of the three).
hand-delivered, mailed, or sent by fax to alternatives associated with the 5. Are data available to estimate the
the address listed above. Alternatively, proposed rule to list black carp costs associated with ponds that suffer
you may send comments by electronic (Mylopharyngodon piceus) as an light (loss of 200 pounds), moderate
mail (e-mail) to: BlackCarp@fws.gov. injurious species under the Lacey Act. (loss between 200–2,000 pounds) or
See the Public Comments Solicited The purpose of the draft economic severe (loss over 2,000 pounds)
section below for file format and other analysis is to analyze the potential outbreaks?
information about electronic filing. economic impact if the proposed rule 6. Are estimates available for the cost
were adopted as published. to remediate a pond that suffers light
FOR FURTHER INFORMATION CONTACT: Erin
(loss of 200 pounds), moderate (loss
Williams, Division of Environmental Public Comments Solicited
between 200–2,000 pounds), and severe
Quality, Branch of Invasive Species, at We are soliciting substantive public (loss over 2,000 pounds) outbreaks?
(703) 358–2034 or comments and supporting data on the 7. Are data available to estimate the
firstname.lastname@example.org. draft environmental assessment, the rate at which trematode outbreaks
SUPPLEMENTARY INFORMATION: draft economic analysis, and the occurred between the 1970s and 2005?
proposal to add all forms (diploid and 8. Are data available to estimate the
Background triploid) of live black carp to the list of rate at which trematode outbreaks are
In February 2000, we were petitioned injurious wildlife under the Lacey Act. expected to change over the next 10
to list black carp as an injurious species Additionally, we are seeking comments years, both with and without the use of
of wildlife under the Lacey Act (18 and supporting data on the black carp?
U.S.C. 42). We published a proposed consideration of adding only live 9. Have studies been conducted to
rule in the Federal Register to add all diploid (fertile) forms of black carp to evaluate other biological and/or
forms (diploid and triploid) of live black the list of injurious wildlife. Listing the chemical methods to disrupt the life
carp to the list of injurious fish, diploid form only would prohibit the cycle of parasites currently controlled
mollusks, and crustaceans under the importation and interstate movement of using black carp?
Lacey Act on July 30, 2002 (67 FR diploid live black carp, and would not 10. Are data available to estimate the
49280); the comment period on the prohibit the importation and interstate impact to catfish, baitfish, and hybrid
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Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Proposed Rules 51327
striped bass industries if diploid and 16. Are there other scientifically receive a confirmation from the system
triploid black carp are listed under the proven methods to ensure 100% that we have received your e-mail
Lacey Act? certification of triploid black carp? message, contact us directly by calling
11. Are data available to estimate the 17. Is information/data available on our office at telephone number 703–
impact to catfish, baitfish, and hybrid the costs of providing escape-proof 358–2148 during normal business
striped bass industries if only diploid containment of both triploid and hours. Please note that this e-mail
black carp are listed under the Lacey diploid black carp? Movement may address will be closed at the termination
Act? include transportation, wildlife, floods of the public comment period.
12. Are data available for the retail or other natural events. Our practice is to make comments,
cost of triploid animals? Are data 18. Are data available on the costs to including names and home addresses of
available for the retail cost of diploid eradicate black carp individuals and/or respondents, available for public review
animals? populations or similar nonnative during regular business hours.
populations, if found? Individual respondents may request that
13. Are data available for the cost of 19. Are data available on the costs of we withhold their home address from
restocking based on the ease of capture implementing native mollusk the rulemaking record, which we will
when ponds are seined and fish propagation, recovery, and restoration honor to the extent allowable by law. In
discarded as offal at catfish processing programs? Are data available on the some circumstances, we would
plants? What is the cost of restocking, State-listed species that would be withhold from the rulemaking record a
and how does either alternative affect impacted by the introduction of diploid respondent’s identity, as allowable by
restocking? or triploid black carp? law. If you wish for us to withhold your
14. Are data available for the costs for 20. Are data available on the costs to name and/or address, you must state
implementing 100% certified triploid re-establish mussel and snail this prominently at the beginning of
black carp using the Coulter Counter populations that may have been your comment. However, we will not
method? What are the protocols for impacted by spills (or other events) or consider anonymous comments. We
sampling triploid black carp using this may be impacted by black carp? will make all submissions from
method? Are data available showing the 21. Are data available on the organizations or businesses, and from
effectiveness in identifying triploid economic value of mussel shells used in individuals identifying themselves as
black carp using the Coulter Counter the cultured pearl and jewelry representatives or officials of
method? industries? organizations or businesses, available
15. Are data available for the costs for Submit comments and data as for public inspection in their entirety.
implementing 100% certified triploid identified in ADDRESSES. If you submit Authority: 18 U.S.C. 42.
black carp using the flow cytometry documentation by e-mail, please submit
method? What are the protocols for it as an ASCII file format and avoid the Dated: August 24, 2005.
sampling triploid black carp using this use of special characters and Paul Hoffman,
method? Are data available showing the encryption. Please include ‘‘Attn: [RIN Assistant Secretary for Fish and Wildlife and
effectiveness in identifying triploid 1018–AG70]’’ in your e-mail subject line Parks.
black carp using the flow cytometry and your name and return address in [FR Doc. 05–17173 Filed 8–29–05; 8:45 am]
method? your e-mail message. If you do not BILLING CODE 4310–55–U
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