Federal Register - August 24, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 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 practices.
Recognition through listing results in public awareness, and conservation by Federal, State, Tribal, and local agencies; private organizations; and individuals. The Act encourages cooperation with 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.

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Recovery Actions The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. Subsection 4f of the Act calls for the Service to develop and implement recovery plans for the conservation of endangered and threatened species. The recovery planning process involves the identification of actions that are necessary to halt or reverse a species decline by addressing the threats to its survival and recovery. The goal of this process is to restore listed species to a point where they are secure, selfsustaining, and functioning components of their ecosystems.
Recovery planning includes the development of a recovery outline shortly after a species is listed, and preparation of a draft and final recovery plan. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process we will use to develop a recovery plan. Revisions of the plan may be done to address continuing or new threats to the species, as new substantive information becomes available. The recovery plan also identifies recovery criteria for review of when a species may be ready for reclassification from endangered to threatened downlisting or removal from protected status delisting, and methods for monitoring recovery progress. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Recovery teams composed of species experts, Federal and State agencies, nongovernmental organizations, and stakeholders are
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often established to develop recovery plans. When completed, the recovery outline, draft recovery plan, and the final recovery plan will be available on our website http www.fws.gov/
endangered, or from our Oregon Fish and Wildlife Office see FOR FURTHER
INFORMATION CONTACT.
Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribes, nongovernmental organizations, businesses, and private landowners.
Examples of recovery actions include habitat restoration e.g., restoration of native vegetation, research, captive propagation and reintroduction, and outreach and education. The recovery of 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 States of Oregon and California will be eligible for Federal funds to implement management actions that promote the protection or recovery of the Franklins bumble bee. 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 Franklins bumble bee.
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.
Regulatory Provisions 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 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
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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 species habitat that may require conference or consultation or both include management and any other landscape-altering activities on Federal lands administered by the U.S. Forest Service and Bureau of Land Management, the National Park Service, and the Bureau of Reclamation;
technical assistance and projects funded through the U.S. Department of Agriculture Natural Resources Conservation Service; 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 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
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Federal Register - August 24, 2021

TitoloFederal Register

PaeseStati Uniti

Data24/08/2021

Conteggio pagine181

Numero di edizioni7797

Prima edizione14/03/1936

Ultima edizione17/06/2026

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