Voglio sapere a riguardo di…

jspears on DSK121TN23PROD with PROPOSALS2

62460

Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
activities do not encroach upon suitable turtle habitat outside the maintained portion of the channel and provide for the conservation of the species.
Tribal employeesUnder the exceptions in this proposed 4d rule, when acting in the course of their official duties, Tribal employees designated by the Tribe for such purposes, working in the range of the species, would be able to take alligator snapping turtles for the following purposes:
A Aiding or euthanizing sick or injured alligator snapping turtles;
B Disposing of a dead specimen; and C Salvaging a dead specimen that may be used for scientific study.
Such take would have to be reported to the local Service field office within 72 hours, and specimens would have to be retained or disposed of only in accordance with directions from the Service.
State-licensed wildlife rehabilitation facilitiesUnder the exceptions in this proposed 4d rule, when acting in the course of their official duties, Statelicensed wildlife rehabilitation facilities would be able to take alligator snapping turtles for the purpose of aiding or euthanizing sick or injured alligator snapping turtles. Such take would have to be reported to the local Service field office within 72 hours, and specimens would have to be retained and disposed of only in accordance with directions from the Service.
We are also considering an exception for incidental take of the alligator snapping turtle associated with bycatch from otherwise lawful recreational and commercial fishing. We note that alligator snapping turtle bycatch from recreational and commercial fishing with hoop nets and trot lines and varieties including jug lines, bush hooks, and limb lines is a concern for the conservation of the species due to its effects on species abundance, particularly in light of the species lifehistory traits. However, there is limited information on the magnitude and on the temporal and spatial distribution of this threat across the species range. It is important to ensure that fishing activities take into consideration the need to prevent accidental turtle deaths from the use of such fishing gear, and we will work with the States to identify measures and revisions to existing regulations to reduce bycatch of alligator snapping turtle. If we conclude that the measures and/or revisions to existing regulations would provide for the conservation of the species, we may include a provision in the final 4d rule excepting incidental take associated with legal recreational or commercial
VerDate Sep<11>2014

18:23 Nov 08, 2021

Jkt 256001

fishing activities for other targeted species, in compliance with State regulations, if such an exception is appropriate in light of comments and new information we receive during the comment period on this proposed rule see DATES, above.
Also, to better understand threats associated with bycatch related to otherwise lawful fishing, we are considering adding a provision to the 4d rule that would require reporting within 72 hours of all injured or dead alligator snapping turtles resulting from bycatch from recreational or commercial fishing for other targeted species in accordance with State regulations and the relevant information provided to the Service. We specifically request comments on the additional 4d rule exception and provision that we are considering.
Future conservation efforts may be possible through advances in fishing gear technology that implement effective turtle escape or exclusion devices for hoop nets or modified trot lines including limb lines and jug lines that would reduce or eliminate turtle bycatch. Thus, we are requesting information from the public regarding new technology, design of a turtle escape, or exclusion device and modified trot line techniques that would effectively eliminate or significantly reduce bycatch of alligator snapping turtles from recreational fishing. We would particularly appreciate input from the commercial and recreational fishing communities. Our intent is to allow exceptions to incidental take for recreational and commercial fishing bycatch pending new technologies and regulations that may be applied to reduce the threat to the species; we are relying on input during the public comment period to further address bycatch incidental take.
We may issue permits to carry out otherwise prohibited activities, including those described above, involving threatened wildlife under certain circumstances. Regulations governing permits are codified at 50
CFR 17.32. 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 statue also contains certain exemptions from the prohibitions, which are found in sections 9 and 10 of the Act.
We recognize the special and unique relationship with our State natural resource agency partners in contributing
PO 00000

Frm 00028

Fmt 4701

Sfmt 4702

to conservation of listed species. State agencies often possess scientific data and valuable expertise on the status and distribution of endangered, threatened, and candidate species of wildlife and plants. State agencies, because of their authorities and their close working relationships with local governments and landowners, are in a unique position to assist the Service in implementing all aspects of the Act. In this regard, section 6 of the Act provides that the Service shall cooperate to the maximum extent practicable with the States in carrying out programs authorized by the Act. Therefore, any qualified employee or agent of a State conservation agency that is a party to a cooperative agreement with the Service in accordance with section 6c of the Act, who is designated by his, her, or their agency for such purposes, would be able to conduct activities designed to conserve alligator snapping turtle that may result in otherwise prohibited take without additional authorization.
Nothing in this proposed 4d rule would change in any way the recovery planning provisions of section 4f of the Act, the consultation requirements under section 7 of the Act, or the ability of the Service to enter into partnerships for the management and protection of the alligator snapping turtle. However, interagency cooperation may be further streamlined through planned programmatic consultations for the species between Federal agencies and the Service, where appropriate. We ask the public, particularly State agencies, Tribes, and other interested stakeholders that may be affected by the proposed 4d rule, to provide comments and suggestions regarding additional guidance and methods that the Service could provide or use, respectively, to streamline the implementation of this proposed 4d rule see Information Requested, above.
III. Critical Habitat 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
E:FRFM09NOP2.SGM

09NOP2