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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.
We have determined that no Tribes will be affected by this rule because there are no Tribal lands or interests within or adjacent to June sucker habitat.

Common name

References Cited
Regulation Promulgation
A complete list of all references cited in this final rule is available at http
www.regulations.gov at Docket No.
FWSR6ES20190026, or upon request from the Utah Ecological Services Field Office see FOR FURTHER
INFORMATION CONTACT.

Accordingly, we hereby amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows:

1. The authority citation for part 17
continues to read as follows:

Authors The primary authors of this final rule are staff members of the Services Regions 5 and 7 and the Utah Ecological Services Field Office see ADDRESSES
and FOR FURTHER INFORMATION CONTACT.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.

Scientific name

PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS

Authority: 16 U.S.C. 13611407; 1531
1544; and 42014245, unless otherwise noted.

2. Amend 17.11h by revising the entry for Sucker, June Chasmistes liorus under FISHES in the List of Endangered and Threatened Wildlife to read as follows:

17.11 Endangered and threatened wildlife.

h

Where listed

Status

Listing citations and applicable rules

FISHES

Sucker, June

Chasmistes liorus

3. Amend 17.44 by adding paragraph cc to read as follows:

17.44

Special rulesfishes.

cc June sucker Chasmistes liorus.
1 Prohibitions. The following prohibitions that apply to endangered wildlife also apply to the June sucker.
Except as provided under paragraph cc2 of this section and 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species:
i Import or export, as set forth at 17.21b for endangered wildlife.
ii Take, as set forth at 17.21c1
for endangered wildlife.
iii Possession and other acts with unlawfully taken specimens, as set forth at 17.21d1 for endangered wildlife.
iv Interstate or foreign commerce in the course of commercial activity, as set
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Wherever found

forth at 17.21e for endangered wildlife.
v Sale or offer for sale, as set forth at 17.21f for endangered wildlife.
2 Exceptions from prohibitions. In regard to this species, you may:
i Conduct activities as authorized by an existing permit under 17.32.
ii Conduct activities as authorized by a permit issued prior to February 3, 2021 under 17.22 for the duration of the permit.
iii Take, as set forth at 17.21c2
through c4 for endangered wildlife.
iv Take, as set forth at 17.31b.
v Take June suckers while carrying out the following legally conducted activities in accordance with this paragraph cc2iv:
A Definitions. For the purposes of this paragraph cc2iv:
1 Qualified biologist means a fulltime fish biologist or aquatic resources manager employed by Utah Division of Wildlife Resources, a Department of the Interior agency, or fish biologist or aquatic resource manager employed by
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51 FR 10851, 3/31/1986; 85
FR insert Federal Register page where the document begins, 1/4/2021; 50 CFR
17.44cc 4d; 50 CFR
17.95e.CH

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a private consulting firm that has been approved by the Service in writing by letter or email, the designated recovery program e.g., June Sucker Recovery Implementation Program, or the Utah Division of Wildlife Resources.
2 Reasonable care means limiting the impacts to June sucker individuals and populations by complying with all applicable Federal, State, and Tribal regulations for the activity in question;
using methods and techniques that result in the least harm, injury, or death, as feasible; undertaking activities at the least impactful times and locations, as feasible; procuring and implementing technical assistance from a qualified biologist on projects regarding all methods prior to the implementation of those methods; ensuring the number of individuals removed or sampled minimally impacts the existing wild population; ensuring no disease or parasites are introduced into the existing June sucker population; and
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