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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq., need not be prepared in connection with regulations adopted pursuant to section 4a of the Endangered Species Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 48 FR
49244. This position was upheld by the U.S. Court of Appeals for the Ninth Circuit Douglas County v. Babbitt, 48
F.3d 1495 9th Cir. 1995, cert. denied 516 U.S. 1042 1996.
Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994
Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Common name
REPTILES

Turtle, alligator snapping

Macrochelys temminckii

Special rulesreptiles.

o Alligator snapping turtle Macrochelys temminckii.
1 Prohibitions. The following prohibitions that apply to endangered wildlife also apply to alligator snapping turtle. Except as provided under paragraphs o2 and 3 of this section and 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt
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Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:

Authority: 16 U.S.C. 13611407; 1531
1544; and 42014245, unless otherwise noted.

h

T

Federal Register CITATION OF THE FINAL
RULE; 50 CFR 17.42o.4d

Sfmt 4702

Listing citations and applicable rules

Wherever found

Frm 00030

List of Subjects in 50 CFR Part 17

17.11 Endangered and threatened wildlife.

to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species:
i Import or export, as set forth at 17.21b for endangered wildlife.
ii Take, as set forth at 17.21c1
for endangered wildlife.
iii Possession and other acts with unlawfully taken specimens, as set forth at 17.21d1 for endangered wildlife.
iv Interstate or foreign commerce in the course of commercial activity, as set forth at 17.21e for endangered wildlife.
v Sale or offer for sale, as set forth at 17.21f for endangered wildlife.

PO 00000

The primary authors of this proposed rule are the staff members of the Services Species Assessment Team and the Louisiana Ecological Services Field Office.

2. Amend 17.11h by adding an entry for Turtle, alligator snapping to the List of Endangered and Threatened Wildlife in alphabetical order under Reptiles to read as follows:

Status

jspears on DSK121TN23PROD with PROPOSALS2

Where listed
Authors

A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov in Docket No. FWSR4ES20210115
and by mailed request from the Louisiana Ecological Services Field Office see FOR FURTHER INFORMATION
CONTACT.

3. As proposed to be amended at 85
FR 61700 September 30, 2020 and 86
FR 18014 April 7, 2021, 17.42 is further amended by adding paragraph o to read as follows:

VerDate Sep<11>2014

References Cited
Scientific name

17.42

Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.
Upon the initiation of the SSA
process, we contacted Tribes within the range of the alligator snapping turtle and additional Tribes of interest to inform them of our intent to complete an SSA for the species that would inform the species 12-month finding. In addition, as described above under Tribal employees, the proposed 4d rule would authorize certain take by Tribes.
As we move forward with this listing process, we will continue to consult with Tribes on a government-togovernment basis as necessary.

2 General exceptions from prohibitions. In regard to this species, you may:
i Conduct activities as authorized by a permit under 17.32.
ii Take, as set forth at 17.21c2
through c4 for endangered wildlife.
iii Take as set forth at 17.31b.
iv Possess and engage in other acts with unlawfully taken wildlife, as set forth at 17.21d2 for endangered wildlife.
v Federal and State captive-breeding programs to support conservation efforts for wild populations that use permitted brood stock and approved turtle husbandry practices in accordance with
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