Je veux savoir à propos de…

jbell on DSKJLSW7X2PROD with RULES

Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 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, the following actions are unlikely to result in a violation of section 9, if these activities are carried out in accordance with existing regulations and permit requirements; this list is not comprehensive:
1 Normal agricultural and silvicultural practices, including pesticide use;
2 Vehicular travel within the range;
and 3 Hiking and backpacking.
Based on the best available information, the following activities
VerDate Sep<11>2014

16:19 Aug 02, 2021

Jkt 253001

may potentially result in a violation of section 9 of the Act if they are not authorized in accordance with applicable law; this list is not comprehensive:
Activities that the Service believes could potentially harm the Sierra Nevada DPS individuals and result in take include, but are not limited to:
1 Unauthorized pursuit, capture, or injury of members of the species;
2 Unauthorized destruction or modification of den sites;
3 Unauthorized feeding of members of the species, or unauthorized food disposal within the species range, in a manner likely to cause habituation;
4 Rodenticide applications within the species range in violation of label restrictions;
5 Activities that, due to negligence or intent, cause wildfire within the species range; and 6 Unauthorized importation into the species range of nonnative foxes or coyotes.
Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Sacramento Fish and Wildlife Office see FOR FURTHER INFORMATION
CONTACT.
Required Determinations 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, need not be prepared in connection with listing a species as an endangered or threatened 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.
Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994
Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination With Indian Tribal 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
PO 00000

Frm 00059

Fmt 4700

Sfmt 4700

41757

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.
In development of the SSA, the proposed and final listing rules, and recent efforts in developing a conservation strategy for the species, we coordinated with Tribes by sending them notification letters. The Tribes we coordinated with were those with lands in the general area of the DPS noting that no Tribal lands actually occur within the range of the DPS. We did not receive comments from Tribes. We will continue to consult on a government-togovernment basis with Tribes as necessary.
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 Sacramento Fish and Wildlife Office see FOR
FURTHER INFORMATION CONTACT.
Authors The primary authors of this final rule are the staff members of the Fish and Wildlife Services Species Assessment Team, and the Sacramento and Reno Fish and Wildlife Offices.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Regulation Promulgation Accordingly, we 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
1. The authority citation for part 17
continues to read as follows:

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

2. Amend 17.11 in paragraph h by adding an entry for Fox, Sierra Nevada red Sierra Nevada DPS to the List of Endangered and Threatened Wildlife in alphabetical order under Mammals to read as set forth below:

17.11 Endangered and threatened wildlife.

h

E:FRFM03AUR1.SGM

03AUR1