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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
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determination that such areas are essential for the conservation of the species.
Our regulations at 50 CFR 424.02
define the geographical area occupied by the species as an area that may generally be delineated around species occurrences, as determined by the Secretary i.e., range. Such areas may include those areas used throughout all or part of the species life cycle, even if not used on a regular basis e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely by vagrant individuals.
Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.
Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available.
Further, our Policy on Information Standards Under the Endangered Species Act published in the Federal Register on July 1, 1994 59 FR 34271, the Information Quality Act section 515
of the Treasury and General Government Appropriations Act for Fiscal Year 2001 Pub. L. 106554; H.R.
5658, and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.
Prudency Determination Section 4a3 of the Act, as amended, and implementing regulations 50 CFR 424.12, require that, to the maximum extent prudent and determinable, the Secretary shall designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations 50 CFR 424.12a1 state that the Secretary may, but is not
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required to, determine that a designation would not be prudent in the following circumstances:
i The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species;
ii The present or threatened destruction, modification, or curtailment of a species habitat or range is not a threat to the species, or threats to the species habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7a2 of the Act;
iii Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States;
iv No areas meet the definition of critical habitat; or v The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available.
In our SSA and proposed listing determination for the alligator snapping turtle, we determined that the present or threatened destruction, modification, or curtailment of habitat or range is a threat to the species and that those threats in some way can be addressed by section 7a2 consultation measures.
The species occurs wholly in the jurisdiction of the United States, and we are able to identify areas that meet the definition of critical habitat.
However, as discussed earlier in this document, collection and/or vandalism has been identified as a threat to this species. The alligator snapping turtle is declining throughout its range as a consequence of factors including collection of live adult turtles from the wild for human consumption and for the pet trade. Adult alligator snapping turtles are harvested for local human consumption and for use in the specialty meat trade both domestically and internationally.
It is unclear, however, whether identification and mapping of critical habitat would increase the degree of such threat to the alligator snapping turtle. Accordingly, we seek comment on whether the designation of critical habitat may not be prudent because it would more widely announce the exact locations of alligator snapping turtles and their highly suitable habitat which could facilitate poaching, thereby exacerbating the threat of collection and contributing to further declines of the species viability.
Therefore, because we are seeking comment on whether the identification
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of critical habitat can be expected to increase the degree of taking as a result of human activity, but we find that none of the other circumstances enumerated in our regulations at 50 CFR 424.12a1
have been met, we determine that the designation of critical habitat may be prudent for the alligator snapping turtle.
Critical Habitat Determinability Having determined that critical habitat may be prudent, under section 4a3 of the Act we consider whether critical habitat for the alligator snapping turtle is determinable. Our regulations at 50 CFR 424.12a2 state that critical habitat is not determinable when one or both of the following situations exist:
i Data sufficient to perform required analyses are lacking, or ii The biological needs of the species are not sufficiently well known to identify any area that meets the definition of critical habitat.
For the alligator snapping turtle, the species needs are sufficiently well known. However, information sufficient to perform the required analyses are lacking because we have not determined the extent to which critical habitat may be prudent. Therefore, we find designation of critical habitat for the alligator snapping turtle is not determinable at this time. The Act allows the Service an additional year to publish a critical habitat designation that is not determinable at the time of listing 16 U.S.C. 1533b6Cii.
Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
1 Be logically organized;
2 Use the active voice to address readers directly;
3 Use clear language rather than jargon;
4 Be divided into short sections and sentences; and 5 Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

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