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khammond on DSKJM1Z7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Proposed Rules and include measures that minimize impacts to the species and its habitat are appropriate for an exception. These activities would most likely have some limited short-term impacts but overall would provide for conservation of the two DPSs. Habitat restoration efforts focused on other species e.g., salmonid species are not included in this exception without written approval from the Service.
Removal and restoration of trespass cannabis cultivation sites as approved by the Service are excepted from prohibitions. These activities would benefit the foothill yellow-legged frog, especially in the Central Coast DPS area.
Trespass cannabis cultivation sites cause several issues for the foothill yellow-legged frog including water diversion, pollution, sedimentation, and introduction of pesticides and fertilizers to streams occupied by the foothill yellow-legged frog. When these sites are found, they often require reclamation waste cleanup and removal of fertilizers, pesticides, and debris and restoration to precultivation conditions.
Cleanup of these sites may involve activities that may cause localized, short-term disturbance to the North Feather DPS and Central Coast DPS of the foothill yellow-legged frog.
However, the removal of pesticides and other chemicals that can affect the North Feather DPS or Central Coast DPS of the foothill yellow-legged frog and the surrounding environment is encouraged. Removal and restoration of trespass cannabis cultivation sites is expected to have long-term benefits for resiliency of the North Feather DPS and Central Coast DPS.
Nonnative species removal would significantly increase the viability of the foothill yellow-legged frog. As discussed above, bullfrogs, nonnative fish, and nonnative crayfish contribute to foothill yellow-legged frog predation and increase competition for resources.
Bullfrogs also are vectors for disease that affects the foothill yellow-legged frog. Actions with the primary or secondary purpose of removing nonnative animal species that compete with, predate upon, or degrade the habitat of the foothill yellow-legged frog that are conducted in unoccupied habitat and approved by the Service are provided as an exception. Large-scale actions that disrupt habitat or are conducted in occupied stream segments would need additional approval from the Service.
Under the Act, take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Some of these provisions have
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been further defined in regulations at 50
CFR 17.3. Take can result knowingly or otherwise, by direct and indirect impacts, intentionally or incidentally.
Regulating take would help preserve the species remaining populations, slow their rate of decline, and decrease synergistic, negative effects from other ongoing or future threats.
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 statute also contains certain exemptions from the prohibitions, which are found in sections 9 and 10 of the Act and are included as standard exceptions in the proposed 4d rule.
We recognize the special and unique relationship with our State natural resource agency partners in contributing 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 or her agency for such purposes, would be able to conduct activities designed to conserve the foothill yellow-legged frog, 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 foothill yellow-legged frog.
However, interagency cooperation may be further streamlined through planned programmatic consultations for the
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species between Federal agencies and the Service, where appropriate. We ask the public, particularly State agencies 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 provisions of section 4 of this 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 determination that such areas are essential for the conservation of the species.
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 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;

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