Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules the species as a whole, and the conservation of the species would suffer the loss of these significant contributions if these sectors were lost.
Therefore, having determined that the Indian Ocean, Bellingshausen SeaAmundsen Sea, and Western Pacific Ocean sectors or portion of the species range do indeed meet both of the significant portion of the range prongs 1 the portion is significant; and 2 the species is, in that portion, likely to become in danger of extinction within the foreseeable future, the emperor penguin is in danger of extinction within the foreseeable future within a significant portion of its range. This is consistent with the courts holdings in Desert Survivors v. Department of the Interior, No. 16cv01165JCS, 2018
WL 4053447 N.D. Cal. Aug. 24, 2018, and Center for Biological Diversity v.
Jewell, 248 F. Supp. 3d, 946, 959 D.
Ariz. 2017.

lotter on DSK11XQN23PROD with PROPOSALS1

Determination of Status Our review of the best available scientific and commercial information indicates that the emperor penguin meets the definition of a threatened species. Therefore, we propose to list the emperor penguin as a threatened species in accordance with sections 320 and 4a1 of the Act.
Available Conservation Measures Conservation measures provided to species listed as endangered or threatened species under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain activities.
Recognition through listing results in public awareness, and conservation by Federal, State, Tribal, and local agencies, foreign governments, private organizations, and individuals. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below.
Section 7a of the Act requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as an endangered or threatened species and with respect to its critical habitat, if any is designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7a4 of the Act requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of
VerDate Sep<11>2014

16:17 Aug 03, 2021

Jkt 253001

proposed critical habitat. If a species is listed subsequently, 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 the 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.
An action that is subject to the consultation provisions of section 7a2 is defined in our implementing regulations at 50 CFR 402.02 as all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. With respect to the emperor penguin, there are no actions known to require consultation under section 7a2 of the Act, and it is therefore unlikely to be the subject of section 7
consultations. Additionally, no critical habitat will be designated for this species because, under 50 CFR
424.12g, we will not designate critical habitat within foreign countries or in other areas outside of the jurisdiction of the United States.
Section 8a of the Act 16 U.S.C.
1537a authorizes the provision of limited financial assistance for the development and management of programs that the Secretary of the Interior determines to be necessary or useful for the conservation of endangered or threatened species in foreign countries. Sections 8b and 8c of the Act 16 U.S.C. 1537b and c authorize the Secretary to encourage conservation programs for foreign listed species, and to provide assistance for such programs, in the form of personnel and the training of personnel.
As explained below, the proposed 4d rule for the emperor penguin would, in part, make it illegal for any person subject to the jurisdiction of the United States to import or export;
deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of commercial activity; or sell or offer for sale in interstate or foreign commerce any emperor penguins. It would also be illegal to take which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or to attempt any of these within the United States or on the high seas; or to possess, sell, deliver, carry, transport, or ship, by any means whatsoever any emperor penguins that have been taken in violation of the Act. It would also be unlawful to attempt to commit, to solicit another to commit or to cause to be
PO 00000

Frm 00025

Fmt 4702

Sfmt 4702

41931

committed, any of these acts. Certain exceptions apply to agents of the Service and State conservation agencies.
Additional exceptions are also provided in the proposed 4d rule for activities permitted under the Antarctic Conservation Act of 1978, as amended 16 U.S.C. 2401 et seq., and its implementing regulations 45 CFR part 670, including for take and possession of emperor penguins within Antarctica, and for import and export of emperor penguins between the United States and Antarctica. An exception is also proposed for interstate commerce from public institutions to other public institutions, specifically museums, zoological parks, and scientific or educational institutions that meet the definition of public at 50 CFR 10.12.
We may issue permits to carry out otherwise prohibited activities involving endangered and threatened wildlife species under certain circumstances. Regulations governing permits for threatened species are codified at 50 CFR 17.32, and general Service permitting regulations are codified at 50 CFR part 13. With regard to threatened wildlife, a permit may be issued for the following purposes: For scientific purposes, to enhance propagation or survival, for economic hardship, for zoological exhibition, for educational purposes, for incidental taking, or for special purposes consistent with the purposes of the Act.
The Service may also register persons subject to the jurisdiction of the United States through its captive-bred-wildlife CBW program if certain established requirements are met under the CBW
regulations 50 CFR 17.21g. Through a CBW registration, the Service may allow a registrant to conduct the following otherwise prohibited activities under certain circumstances to enhance the propagation or survival of the affected species: Take; export or reimport; deliver, receive, carry, transport, or ship in interstate or foreign commerce, in the course of a commercial activity; or sell or offer for sale in interstate or foreign commerce. A
CBW registration may authorize interstate purchase and sale only between entities that both hold a registration for the taxon concerned.
The CBW program is available for species having a natural geographic distribution not including any part of the United States and other species that the Service Director has determined to be eligible by regulation. The individual specimens must have been born in captivity in the United States. The statute also contains certain exemptions
E:FRFM04AUP1.SGM

04AUP1