FWS Again Extends Comment Period Regarding its Proposed Rule to List Black Carp as an Injurious Fish
The Fish and Wildlife Service (FWS) has issued a notice which again extends the comment period on: (1) its July 2002 proposed rule to add all forms of live black carp (Mylopharyngodon piceus), including gametes, and viable eggs, to the list of injurious fish under the Lacey Act, and (2) the draft environmental assessment and draft economic analysis prepared in association with the proposed rule.
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FWS now states that comments must be submitted on or before December 16, 2005. (Prior to this extension, the comment period was scheduled to close on October 31, 2005.)
FWS also notes that comments already submitted on the proposed rule need not be resubmitted as they will be fully considered in FWS' decision making.
Proposed Rule Would Prohibit Importation of Black Carp
The FWS has previously stated that the proposed rule would prohibit the interstate transportation and the importation of any live animal or viable eggs of black carp into the U.S. According to the FWS, live black carp, or their viable eggs could be imported only by permit for scientific, medical, educational, or zoological purposes, or without a permit by Federal agencies solely for their own use. Additionally, the FWS notes that permits would be required for the interstate transportation of live black carp or their viable eggs currently held in the U.S. for scientific, medical, educational, or zoological purposes.
Moreover, no live black carp or progeny thereof, or viable eggs acquired under permit could be sold, donated, traded, loaned, or transferred to any other person or institution unless such person or institution has a permit issued by the FWS Director.
In its proposed rule, the FWS stated that black carp originally entered into the U.S. as "contaminant" in imported grass carp stocks, and were later introduced for yellow grub control and as a food fish, etc. The FWS further states that black carp are currently being maintained in research and fish production facilities in several states.
Because black carp are likely to escape or be released into the wild; are likely to survive or become established if escaped or released; are likely to spread since there are no known limiting factors; are likely to compete with native species for food; may serve as intermediate hosts for and/or transmit parasites to native species; are likely to feed on native mollusks, which is likely to negatively affect native mollusks, as well as the native animals that rely on mollusks as a food source; and because it will be difficult to prevent, eradicate, manage, or control the spread of black carp; it will be difficult to rehabilitate or recover ecosystems disturbed by the species and because non-breeding populations of black carp are likely to have significant negative impacts on native snail and mussel populations, the FWS proposes to find black carp to be injurious to the interests of human beings and the wildlife and wildlife resources of the U.S.
(See ITT's Online Archives or 09/01/05 news, 05090120, for BP summary of the previous comment extension as well as the issuance of the draft environmental assessment and draft economic analysis. See ITT's Online Archives or 08/06/02 news, 02080625, for BP summary of the proposed rule.)
FWS contact - Erin Williams (703) 358-2034
FWS notice (FR Pub 10/27/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-21440.pdf