Administrative

NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards.

Reinstates the listing of the Western Great Lakes and Northern Rocky Mountains gray wolf populations in accordance with court orders.

Identifies the Western Great Lakes Distinct Population Segment of the gray wolf and removes this Segment from the protection of the Endangered Species Act.  In accordance with court order, provides an explanation as to how simultaneously identifying and delisting a DPS is consistent with the Act's text, structure, policy objectives, legislative history, and any relevant judicial interpretations.

The FWS identifies the gray wolf in the Northern Rocky Mountains as a Distinct Population Segment (DPS) and removes this DPS from the List of Endangered and Threatened Wildlife, except in Wyoming.   The wolf population in this area is about 5 times higher than the minimum population recovery goal and 3 times higher than the minimum breeding pair recovery goal.  The gray wolf is not removed from the list in Wyoming because of inadequate regulatory mechanisms

The U.S. Fish and Wildlife Service (Service) proposes to amend its regulations to add Indian python (Python molurus, including Burmese python Python molurus bivittatus), reticulated python (Broghammerus reticulatus or Python reticulatus), Northern African python (Python sebae), Southern African python (Python natalensis), boa constrictor (Boa constrictor), yellow anaconda (Eunectes notaeus), DeSchauensee's anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), and Beni anaconda (Eunectes beniensis) to the list of injurious reptiles. This listing would prohibit the importation of any live animal, gamete, viable egg, or hybrid of these nine constrictor snakes into the United States, except as specifically authorized.

This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction.   The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat.   When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam.   Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam, thus there is actually a larger number of bats with a wider distribution.   Yet, threats to the Mariana fruit bat still remain, so its listing as threatened is still warranted.   Additionally, it is more convenient for the FWS to update the listing of the Mariana fruit bat to threatened in the entire Mariana archipelago, than to keep the species in the Guam as endangered and hold the remainder of the archipelago as threatened.

We are publishing a final list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act (MBTA) does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions.

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.

Under the Animal Welfare Act, our regulations require that dealers, exhibitors, and research facilities that maintain nonhuman primates develop and follow a plan for environment enhancement adequate to promote the psychological well-being of the nonhuman primates. We have developed a draft policy to clarify what we believe must be considered and included in the plan in order for dealers, exhibitors, and research facilities to adequately promote the psychological well-being of nonhuman primates.