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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules
4 Be divided into short sections and sentences; and 5 Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the proposed rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act 42
U.S.C. 4321 et seq. need not be prepared in connection with listing a species as an endangered or threatened Common name

species under the Endangered Species Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983
48 FR 49244.
References Cited A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov and upon request from the Branch of Delisting and Foreign Species see FOR
FURTHER INFORMATION CONTACT.

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

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

2. Amend 17.11h by adding an entry for Penguin, emperor to the List of Endangered and Threatened Wildlife in alphabetical order under BIRDS to read as set forth below:

List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Where listed

Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS

Authors The primary authors of this proposed rule are the staff members of the Fish and Wildlife Services Species Assessment Team and the Branch of Delisting and Foreign Species.

Scientific name
Proposed Regulation Promulgation
17.11 Endangered and threatened wildlife.

h

Status

Listing citations and applicable rules

BIRDS

Penguin, emperor

Aptenodytes forsteri

3. Amend 17.41 by adding a paragraph k to read as set forth below:

17.41

Special rulesbirds.

lotter on DSK11XQN23PROD with PROPOSALS1

k Emperor penguin Aptenodytes forsteri. 1 Prohibitions. The following prohibitions that apply to endangered wildlife also apply to the emperor penguin. Except as provided under paragraph k2 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 for endangered wildlife at 17.21b.
ii Take, as set forth for endangered wildlife at 17.21c1.
iii Possession and other acts with unlawfully taken specimens, as set forth for endangered wildlife at 17.21d1.
iv Interstate or foreign commerce in the course of commercial activity, as set forth for endangered wildlife at 17.21e.

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v Sale or offer for sale in foreign commerce, as set forth for endangered wildlife at 17.21f.
vi Sale or offer for sale in interstate commerce, as set forth for endangered wildlife at 17.21f.
2 Exceptions from prohibitions. In regard to the emperor penguin, you may:
i Sell, offer for sale, deliver, receive, carry, transport, or ship in interstate commerce live emperor penguins from one public institution to another public institution. For the purposes of this paragraph, public institution means a museum, zoological park, and scientific or educational institution that meets the definition of public at 50 CFR 10.12.
ii Take emperor penguins within Antarctica as authorized under implementing regulations for the Antarctic Conservation Act of 1978 16
U.S.C. 2401 et seq., either in accordance with the provisions set forth at 45 CFR 670.5 or 670.9, or as authorized by a permit under 45 CFR
part 670.
iii Import emperor penguins into the United States from Antarctica or export
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Federal Register citation when published as a final rule; 50 CFR
17.41k.4d
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emperor penguins from the United States to Antarctica as authorized under implementing regulations for the Antarctic Conservation Act of 1978 16
U.S.C. 2401 et seq., either in accordance with the provisions set forth at 45 CFR 670.9, or as authorized by a permit under 45 CFR part 670.
iv Conduct activities as authorized by a permit under 17.32.
v Take, as set forth at 17.21c2
through c4 for endangered wildlife.
vi Possess and engage in other acts with unlawfully taken wildlife, as set forth at 17.21d2 for endangered wildlife.
vii Conduct activities as authorized by a captive-bred wildlife registration under 17.21g for endangered wildlife.

Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202115949 Filed 8321; 8:45 am BILLING CODE 433315P

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