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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules develop a controlled propagation plan in accordance with the Services Policy Regarding Controlled Propagation of Species Listed under the Endangered Species Act 65 FR 56916; September 20, 2000. In addition, captive breeding for conservation purposes should apply kinship-based pedigree management to avoid consequences of inbreeding or inadvertently introducing turtles with deleterious alleles into the wild population. Thus, incidental take associated with Federal and State captive-breeding programs to support conservation efforts for wild populations i.e., head-starting would be excepted from the prohibitions when conducted using permitted brood stock and following approved turtle husbandry practices in accordance with State regulations and U.S. Fish and Wildlife Service policy.
State-authorized farming/captive breeding programsThe Service recognizes that turtle farming can alleviate harvest of wild stock and provides a means to serve international markets without affecting wild populations in the future. Therefore, existing State-authorized farming operations using captive brood stock or otherwise legally acquired turtles prior to the listing of the species would be excepted. We will work with States to ensure an appropriate mechanism for identifying, marking, and tracking captive brood stock to differentiate them from wild stock. Without a system to identify alligator snapping turtles that have originated from these operations, we will not be able to finalize such an exception, as there will not be a way to distinguish captive-bred from wildcaught alligator snapping turtles.
This 4d rule would allow individuals to take; deliver, receive, carry, transport or ship in interstate commerce, in the course of a commercial activity; or sell or offer for sale in interstate commerce alligator snapping turtle specimens that meet the definitions of captive-bred or bred in captivity in 50 CFR 17.3 and the definitions and requirements in 50 CFR
part 23 see 50 CFR 23.5 and 23.24 if the specimen originated in a Stateapproved facility. It also allows individuals to import; export; deliver, receive, carry, transport, or ship in foreign commerce and in the course of a commercial activity; or sell or offer to sell in foreign commerce dead specimens of alligator snapping turtle that are otherwise lawfully taken. We are not currently proposing to allow foreign commerce and foreign trade of live specimens, in an effort to further ensure that wild specimens are not laundered through the black market and
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international trade. However, we seek public comment on whether such an exception may be appropriate if a mechanism is developed for identifying captive-bred specimens.
Any person wishing to exercise this exception would have to maintain documentation to demonstrate that the specimen was legally acquired and held in captivity prior to the effective date of the final rule listing the alligator snapping turtle. Such documentation may include a bill of sale or other receipts, including the State permit information for the source facility;
record of pedigree of pit-tagged or uniquely identified, marked turtles with State permit from the source facility;
accession records; CITES documents; or wildlife declaration forms dated prior to the specified dates. Also, the activity must not be prohibited by either the State or Tribe where the taking occurs or by the State or Tribe where the specimen is sold or otherwise transferred. Finally, the specimens held by a person claiming the benefit of this exception would have to be managed in a manner that prevents hybridization of the species or subspecies and in a manner that maintains genetic diversity.
Best management practices for implementing actions that occur near or in a streamImplementing best management practices to avoid and/or minimize the effects of habitat alterations in areas that support alligator snapping turtles would provide additional measures for conserving the species by reducing direct and indirect effects to the species. We considered that certain construction, forestry, and pesticide/herbicide management activities that occur near and in a stream may result in removal of riparian cover or forested habitat, changes in land use within the riparian zone, or stream bank erosion and/or siltation. These actions andactivities may have some minimal leveloftake of the alligator snapping turtle, but any such take isexpected to be rare and insignificant, and is not expected to negatively impact the species conservation and recovery efforts.
Construction, operation, and maintenance activities, such as installation of stream crossings, replacement of existing instream structures e.g., bridges, culverts, water control structures, boat launches, etc., operation and maintenance of existing flood control features or other existing structures, and directional boring, when implemented with industry and State-approved standard best management practices, will have minimal impacts to alligator snapping turtles and their habitat. In addition, we
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recognize that silvicultural operations are widely implemented in accordance with State-approved BMPs Cristan et al.
2018, entire, and the adherence to these BMPs broadly preserves water quality standards, particularly related to sedimentation Cristan et al. 2016, entire; Warrington et al. 2017, entire, to an extent that does not impair the species conservation. Lastly, invasive species removal activities, particularly through pesticide and herbicide application, are considered beneficial to the native ecosystem and are likely to improve habitat conditions for the species; therefore, pesticide and herbicide application that follow the chemical label and appropriate application rates would not impair the species conservation. These activities should have minimal impacts to alligator snapping turtles if industry and/or State-approved BMPs are implemented. These activities and management practices should be carried out in accordance with any existing regulations, permit and label requirements, and best management practices to avoid or minimize impacts to the species and its habitat.
Thus, under this proposed 4d rule, incidental take associated with the following best management practiced and activities would be excepted:
1 Construction, operation, and maintenance activities that occur near and in a stream, such as installation of stream crossings, replacement of existing instream structures e.g., bridges, culverts, water control structures, boat launches, etc., operation and maintenance of existing flood control features or other existing structures, and directional boring, when implemented with industry and/
or State-approved BMPs for construction.
2 Pesticide and herbicide application that follows the chemical label and appropriate application rates.
3 Silviculture practices and forest management activities that use Stateapproved BMPs to protect water and sediment quality and stream and riparian habitat.
Maintenance dredging of navigable waterwaysWe considered that maintenance dredging activities generally disturb the same area of the waterbody in each cycle; thus, there is less likelihood that suitable turtle habitat e.g., submerged logs, cover, etc.
occurs in the maintained portion of the channel. Accordingly, incidental take associated with maintenance dredging activities that occur within the previously disturbed portion of the navigable waterway would be excepted from the prohibitions as long as these
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