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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
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State regulations and U.S. Fish and Wildlife Service policy.
vi Take; export; import; delivery, receipt, carrying, transport, or shipment in interstate or foreign commerce, in the course of a commercial activity; or sale or offer for sale in interstate or foreign commerce specimens that meet the definition of captive-bred or bred in captivity at 17.3 and the definitions and requirements in 50 CFR part 23 for Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES source codes C Bredin-captivity or F Captive-bred see 50 CFR 23.5 and 23.24, if they originated in a State-approved captive breeding facility and provided that all of the following requirements are met:
A Take is authorized in accordance with the laws and regulations of the State or Tribe where the taking occurs.
B Delivery, receipt, carrying, transport, or shipment in interstate commerce and in the course of a commercial activity, or sale or offer for sale in interstate commerce, is only authorized if the activity is conducted in accordance with the laws and regulations of the State or Tribe in which the taking occurs and the State or Tribe in which the sale or transfer occurs. The activity must not be prohibited by either the State or Tribe where the taking occurs or the State or Tribe where the specimen is sold or otherwise transferred.
C Import; export; delivery, receipt, carrying, transport, or shipment in foreign commerce and in the course of a commercial activity; or sale or offer for sale in foreign commerce is only authorized with dead specimens taken in accordance with paragraph o2viA of this section, and only if trade in the specimen meets the requirements of parts 13, 14, and 23 of this chapter. This exception does not apply to gametes, eggs, or live alligator snapping turtles.
D Any specimens that do not qualify as captive-bred or bred in captivity e.g., any specimens taken from the wild may only be used by captive breeding operations as parental stock or broodstock, and only if the specimens
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were legally acquired and held in captivity prior to the effective date of the final rule. You must maintain documentation to demonstrate that the specimen was legally acquired and held in captivity prior to the effective date of the final rule. Such documentation may include a bill of sale or other receipt that includes 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 that must be dated prior to the specified dates.
E All gametes, eggs, and live specimens of the species held by a person claiming the benefit of an exception under this paragraph o2vi of this section must be managed in a manner that prevents hybridization of the species or subspecies and in a manner that maintains genetic diversity.
F Each person claiming the benefit of an exception under this paragraph o2vi of this section must maintain accurate written records of activities, including of any birth, death, take, possession, transportation, sale, purchase, barter, exportation, importation, and any other transfers of specimens. Any person claiming the benefit of an exception in paragraph o2viC of this section must also maintain accurate written records as are otherwise required to be maintained by all import/export licensees under part 14 of this subchapter. Such records shall be maintained as in the normal course of business, reproducible in the English language, and retained for a minimum of 5 years from the date of each transaction. Subject to applicable limitations of law, duly authorized officers at all reasonable times shall be afforded access to inspect any wildlife or plant held or to inspect, audit, or copy any permits, books, or records required to be kept by regulations of this subchapter B.
vii When acting in the course of their official duties, Tribal employees designated by the Tribe for such purposes may take alligator snapping turtle for the following purposes:

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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.
viii State-licensed wildlife rehabilitation facilities, when acting in the course of their official duties, may take alligator snapping turtle for the purpose of aiding or euthanizing sick or injured alligator snapping turtles.
ix Take carried out under paragraphs o2vii and viii of this section must be reported to the local Service field office within 72 hours, and specimens may be retained or disposed of only in accordance with directions from the Service.
3 Exceptions from prohibitions for specific types of incidental take. You may take alligator snapping turtle while carrying out the following legally conducted activities in accordance with this paragraph o3:
i 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 best management practices for construction.
ii Pesticide and herbicide application that follows the chemical label and appropriate application rates.
iii Silviculture practices and forest management activities that use Stateapproved best management practices to protect water and sediment quality and stream and riparian habitat.
iv Maintenance dredging activities that remain in the previously disturbed portion of a maintained channel.
Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202123994 Filed 11821; 8:45 am BILLING CODE 433315P

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