Administrative

We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule.

By 1976, rather than the use of animals in labs or stolen pets other animal protection issues had come to the forefront of public and congressional discussion. Those provisions dealing with research facilities and dealers were pretty much left alone by the 1976 amendments, which instead, dealt with several new topics.

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.

[Regulation removed 2010. Summary of former text provided.] This provision describes the mandatory criteria for establishing the existence of an American Indian tribe for purposes of recognition by the federal government.  These criteria implicate federal status for purposes of acquiring eagle parts for use in Indian religious ceremonies under the BGEPA.

The Food Safety and Quality Service is seeking information from all interested members of the public on the need for modification of certain provisions relating to the humane handling of livestock contained in the Federal meat inspection regulations. The Agency has been requested to allow the withholding of water from cattle for a period of time not in excess of 24 hours when such withholding is specified in the sales contract. The Agency has also been requested to allow the withholding of water from animals which are to be slaughtered within 24 hours from the time they arrive at the slaughter establishment.

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 is a short summary of the federal decree that gives federal jurisdiction over some domestic animal issues.

In response to recent amendments to the Lacey Act, we are establishing definitions for the terms “common cultivar” and “common food crop” and several related terms. The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that derive from illegally harvested plants, and require that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms “common cultivar” and “common food crop” but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be excluded from the provisions of the Act, including the declaration requirement.

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

This is a published draft 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.  It should be noted as with all changes to federal rules, public comment is sought.

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.