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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations many listed species cannot be accomplished solely on Federal lands because their range may occur primarily or solely on non-Federal lands. To achieve recovery of these species requires cooperative conservation efforts on private, State, and Tribal lands.
Following publication of this final listing rule, funding for recovery actions will be available from a variety of sources, including Federal budgets, State programs, and cost share grants for non-Federal landowners, the academic community, and nongovernmental organizations. In addition, pursuant to section 6 of the Act, the State of Alabama will be eligible for Federal funds to implement management actions that promote the protection or recovery of the slenderclaw crayfish.
Information on our grant programs that are available to aid species recovery can be found at: http www.fws.gov/grants.
Please let us know if you are interested in participating in recovery efforts for the slenderclaw crayfish.
Additionally, we invite you to submit any new information on this species whenever it becomes available and any information you may have for recovery planning purposes see FOR FURTHER
INFORMATION CONTACT.
Section 7a of the Act requires Federal agencies to evaluate their actions with respect to any species that is listed as an endangered or threatened species and with respect to its critical habitat. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402.
Section 7a2 of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency must enter into consultation with the Service.
Federal agency actions within the slenderclaw crayfishs habitat that may require conference or consultation or both as described in the preceding paragraph include management and any other landscape-altering activities on Federal lands administered by the U.S.
Fish and Wildlife Service and U.S.
Forest Service; technical assistance and projects funded through the U.S.
Department of Agricultures NRCS;
issuance of permits by the Tennessee Valley Authority for right-of-way stream crossings; issuance of section 404 Clean Water Act 33 U.S.C. 1251 et seq.
permits by the U.S. Army Corps of Engineers; and construction and
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maintenance of roads or highways by the Federal Highway Administration.
The Act and its implementing regulations set forth a series of general prohibitions and exceptions that apply to endangered wildlife. The prohibitions of section 9a1 of the Act, codified at 50 CFR 17.21, make it illegal for any person subject to the jurisdiction of the United States to take which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these endangered wildlife within the United States or on the high seas. In addition, it is unlawful to import; export; deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of commercial activity; or sell or offer for sale in interstate or foreign commerce any species listed as an endangered species.
It is also illegal to possess, sell, deliver, carry, transport, or ship any such wildlife that has been taken illegally.
Certain exceptions apply to employees of the Service, the National Marine Fisheries Service, other Federal land management agencies, and State conservation agencies.
We may issue permits to carry out otherwise prohibited activities involving endangered wildlife under certain circumstances. Regulations governing permits are codified at 50
CFR 17.22. With regard to endangered wildlife, a permit may be issued for the following purposes: For scientific purposes, to enhance the propagation or survival of the species, and for incidental take in connection with otherwise lawful activities. There are also certain statutory exemptions from the prohibitions, which are found in sections 9 and 10 of the Act.
It is our policy, as published in the Federal Register on July 1, 1994 59 FR
34272, to identify, to the maximum extent practicable at the time a species is listed, those activities that would or would not constitute a violation of section 9 of the Act. The intent of this policy is to increase public awareness of the effect of a final listing on proposed and ongoing activities within the range of a listed species. Based on the best available information, at this time, we are unable to identify specific activities that would not be considered to result in a violation of section 9 of the Act, because it is likely that site-specific conservation measures may be needed for activities that may directly or indirectly affect the slenderclaw crayfish. Based on the best available information, the following actions may potentially result in a violation of section 9 of the Act or this final rule;
this list is not comprehensive:

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1 Unauthorized handling, collecting, possessing, selling, delivering, carrying, or transporting of the slenderclaw crayfish, including interstate transportation across State lines and import or export across international boundaries.
2 Destruction/alteration of the species habitat by discharge of fill material, draining, ditching, tiling, pond construction, stream channelization or diversion, or diversion or alteration of surface or ground water flow into or out of the stream i.e., due to roads, impoundments, discharge pipes, stormwater detention basins, etc..
3 Introduction of nonnative species that compete with or prey upon the slenderclaw crayfish, such as the introduction of nonnative virile crayfish in Alabama.
4 Modification of the channel or water flow of any stream in which the slenderclaw crayfish is known to occur.
5 Discharge of chemicals or fill material into any waters in which the slenderclaw crayfish is known to occur.
Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Alabama Ecological Services Field Office see FOR FURTHER
INFORMATION CONTACT.
Critical Habitat Designation Background Critical habitat is defined in section 3
of the Act as:
1 The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features a Essential to the conservation of the species, and b Which may require special management considerations or protection; and 2 Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.
Our regulations at 50 CFR 424.02
define the geographical area occupied by the species as an area that may generally be delineated around species occurrences, as determined by the Secretary i.e., range. Such areas may include those areas used throughout all or part of the species life cycle, even if not used on a regular basis e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely by vagrant individuals.
Conservation, as defined under section 3 of the Act, means to use and
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