Date of this Version
In this environmental assessment, we consider two alternatives for the proposed action to add silver carp (Hypophthalmichthys molitrix) to the list of injurious wildlife under the Lacey Act: 1) no action; and 2) adding all forms (diploid and triploid) of live silver carp, gametes, eggs and hybrids. Three alternatives considered, but dismissed from further analysis were 1) adding all forms of live and dead silver carp, gametes, eggs and hybrids; and 2) adding only diploid (fertile) forms of live silver carp, gametes, eggs and hybrids; and 3) require double-escape proof aquaculture ponds, transport vehicles and containers for typical use without a permit (including importation and interstate transport) instead of adding silver carp.
This action is being considered in order to protect the welfare and survival of native wildlife and wildlife resources and the health and welfare of human beings from the potential negative impacts of silver carp by adding them to the list of injurious wildlife and preventing their importation and interstate movement.
The Secretary of the Interior is authorized under the Lacey Act (18 U.S.C. § 42, as amended) to prescribe by regulation those mammals, birds, fish (including mollusks and crustaceans), amphibians, reptiles, and the offspring or eggs of any of the aforementioned, which are injurious to human beings, to the interests of agriculture, horticulture, or forestry, or to the wildlife or wildlife resources of the United States. The lists of injurious wildlife species are at 50 CFR 16.11-15.
If silver carp are determined to be injurious, then as with all listed injurious animals, their importation into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means whatsoever is prohibited, except by permit for zoological, educational, medical, or scientific purposes (in accordance with permit regulations at 50 CFR 16.22), or by Federal agencies without a permit solely for their own use, upon filing a written declaration with the District Director of Customs and the U.S. Fish and Wildlife Service Inspector at the port of entry. The interstate transportation of any live silver carp, gametes, viable eggs or any hybrids currently held in the United States for any purposes not permitted would be prohibited.