[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Proposed Rules]
[Pages 18014-18034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06946]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2021-0007; FF09E21000 FXES11110900000 212]
RIN 1018-BE80


Endangered and Threatened Wildlife and Plants; 12-Month Petition 
Finding and Threatened Species Status With Section 4(d) Rule for 
Suwannee Alligator Snapping Turtle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the Suwannee alligator snapping 
turtle (Macrochelys suwanniensis), a freshwater turtle species from the 
Suwannee River basin in Georgia and Florida, as a threatened species. 
After a review of the best available scientific and commercial 
information, we find that listing the species is warranted. 
Accordingly, we propose to list the Suwannee alligator snapping turtle 
as a threatened species with a rule issued under section 4(d) of the 
Act (``4(d) rule''). If we finalize this rule as proposed, it would add 
the species to the List of Endangered and Threatened Wildlife and 
extend the Act's protections to the species.

DATES: We will accept comments received or postmarked on or before June 
7, 2021. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by May 24, 2021.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2021-0007, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, check the Proposed 
Rule box to locate this document. You may submit a comment by clicking 
on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail: Public Comments Processing, 
Attn: FWS-R4-ES-2021-0007, U.S. Fish and Wildlife Service, MS: PRB/3W, 
5275

[[Page 18015]]

Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Jay Herrington, Field Supervisor, 
Northeast Florida Ecological Services Field Office; 
[email protected], 904-731-3191 or Panama City Ecological Services 
Field Office, 1601 Balboa Avenue, Panama City, FL 32405. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if we determine that 
a species is an endangered or threatened species throughout all or a 
significant portion of its range, we are required to promptly publish a 
proposal in the Federal Register and make a determination on our 
proposal within 1 year. To the maximum extent prudent and determinable, 
we must designate critical habitat for any species that we determine to 
be an endangered or threatened species under the Act. Listing a species 
as an endangered or threatened species and designating critical habitat 
can only be completed by issuing a rule.
    What this document does. This document proposes to list the 
Suwannee alligator snapping turtle (Macrochelys suwanniensis) as a 
threatened species and to provide measures under section 4(d) of the 
Act that are tailored to our current understanding of the conservation 
needs of the Suwannee alligator snapping turtle (a ``4(d) rule'').
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that the primary threats acting 
on the Suwannee alligator snapping turtle include illegal harvest and 
collection (Factor B), nest predation (Factor C), and hook ingestion 
and entanglement due to bycatch associated with freshwater fishing 
(Factor E). Existing regulatory mechanisms (Factor D) are not adequate 
to address these threats. Disease (Factor C) and climate change (Factor 
E) might negatively influence the species, but the impacts of these 
threats on the species are uncertain based on current information.
    Section 4(a)(3) of the Act requires the Secretary of the Interior 
(Secretary) to designate critical habitat concurrent with listing, to 
the maximum extent prudent and determinable.

Peer Review

    We prepared a species status assessment report (SSA report) for the 
Suwannee alligator snapping turtle. The SSA report represents the 
compilation and assessment of the best scientific and commercial 
information available concerning the status of the species, including 
the past, present, and future factors influencing the viability of the 
species (Service 2020, entire). In accordance with our joint policy on 
peer review published in the Federal Register on July 1, 1994 (59 FR 
34270), and our August 22, 2016, memorandum updating and clarifying the 
role of peer review of listing actions under the Act, we sought the 
expert opinions of four appropriate specialists regarding the Suwannee 
alligator snapping turtle, and received one response which informed 
this proposed rule. The purpose of peer review is to ensure that our 
listing determinations, critical habitat designations, and 4(d) rules 
are based on scientifically sound data, assumptions, and analyses. The 
peer reviewers have expertise in population modeling and the biology, 
habitat, and threats to the species. All comments received from the 
peer reviewers are publicly available and posted on http://www.regulations.gov.

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned governmental agencies, 
Native American Tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Historical and current range including distribution patterns;
    (c) Relationship between densities and habitat types;
    (d) Population impacts and extent of hook ingestion and 
entanglement associated with recreational fishing;
    (e) Population impacts and extent of poaching;
    (f) Recruitment and population impacts associated with nest and 
hatchling predation;
    (g) Historical and current population levels, and current and 
projected trends; and
    (h) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) The spatial distribution and extent of real and perceived 
threats to this species. Notably, we seek any information on areas 
within the species' range where these threats may overlap and 
potentially act synergistically as well as where there may be a 
complete absence of threats.
    (3) Biological, commercial trade (including pet trade and breeding 
for personal collections), or other relevant data concerning any 
threats (or lack thereof) to this species and existing regulations that 
may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of the species, 
including the locations of any additional populations of the species.
    (5) Information, especially from the commercial and recreational 
fishing communities, about the 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.
    (6) Whether the measures outlined in the proposed section 4(d) rule 
are necessary and advisable for the conservation and management of the 
Suwannee alligator snapping turtle. We particularly seek comments 
concerning:
    (a) Whether we should include a provision related to excepting 
incidental take resulting from legal recreational or commercial fishing 
activities for other targeted species, in compliance with State 
regulations. In addition, if we include such a provision, should we 
also include a requirement to report to the Service injured or dead 
turtles resulting from such legal fishing activities.
    (b) Whether the provision related to excepting incidental take 
associated with Federal and State captive-breeding programs to support 
conservation efforts

[[Page 18016]]

for wild populations (i.e., head-starting) that use permitted brood 
stock and approved turtle husbandry practices in accordance with State 
regulations and U.S. Fish and Wildlife Service policy should be revised 
or clarified to remove or add information including additional 
restrictions or deferments, or additional best management practices.
    (c) Whether the provisions related to excepting incidental take 
resulting from construction, operation, and maintenance activities; 
pesticide and herbicide application; and silviculture practices and 
forestry activities that follow best management practices should be 
revised or clarified to remove or add information including spatial or 
temporal restrictions or deferments, or additional best management 
practices.
    (d) Whether there are additional provisions the Service may wish to 
consider for the final section 4(d) rule in order to conserve, recover, 
and manage the Suwannee alligator snapping turtle, such as turtle 
excluder devices, limitations on road construction and other 
infrastructure or construction activities, riparian management 
activities, or wetland management activities.
    (7) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including information to inform the following factors that the 
regulations identify as reasons why designation of critical habitat may 
be not prudent:
    (a) 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;
    (b) 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 7(a)(2) of the Act;
    (c) 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; or
    (d) No areas meet the definition of critical habitat.
    (8) Specific information on the possible risks or benefits of 
designating critical habitat, including risks associated with 
publication of maps designating any area on which this species may be 
located, now or in the future, as critical habitat. We specifically 
request information on the threats of taking or other human activity on 
the Suwannee alligator snapping turtle and its habitat, and the extent 
to which designation might increase those threats, as well as the 
possible benefits of critical habitat designation to the species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the actions under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is an endangered or a 
threatened species must be made ``solely on the basis of the best 
scientific and commercial data available.'' You may submit your 
comments and materials concerning this proposed rule by one of the 
methods listed in ADDRESSES. We request that you send comments only by 
the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov.
    Because we will consider all comments and information received 
during the comment period, our final determinations may differ from 
this proposal. Based on the new information we receive (and any 
comments on that new information), we may conclude that the species is 
endangered instead of threatened, or we may conclude that the species 
does not warrant listing as either an endangered species or a 
threatened species. In addition, we may change the parameters of the 
prohibitions or the exceptions to those prohibitions in the 4(d) rule 
if we conclude it is appropriate in light of comments and new 
information received. For example, we may expand the incidental-take 
prohibitions to include prohibiting additional activities if we 
conclude that those additional activities are not compatible with 
conservation of the species. Conversely, we may establish additional 
exceptions to the incidental-take prohibitions in the final rule if we 
conclude that the activities would facilitate or are compatible with 
the conservation and recovery of the species.

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received by the date 
specified in DATES. Such requests must be sent to the address shown in 
FOR FURTHER INFORMATION CONTACT. We will schedule a public hearing on 
this proposal, if requested, and announce the date, time, and place of 
the hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. For the immediate future, we will provide these public 
hearings using webinars that will be announced on the Service's 
website, in addition to the Federal Register. The use of these virtual 
public hearings is consistent with our regulation at 50 CFR 
424.16(c)(3).

Previous Federal Actions

    The Service received a petition to list 53 amphibians and reptiles 
across the United States, including the alligator snapping turtle 
(Macrochelys temminckii), as threatened or endangered species on July 
11, 2012. The subsequent 90-day finding (80 FR 37568, July 1, 2015) 
provided that the petition was substantial, and the alligator snapping 
turtle's status warranted further review. On September 1, 2015, the 
petitioner submitted supplemental information to add to the petition 
that described new studies that could lead to taxonomic differentiation 
of the single Macrochelys species into multiple entities (Center for 
Biological Diversity 2015, entire). This information was considered and 
is described in further detail below under the Background section of 
the Proposed Listing Determination section in this document. New 
information since the time of the original petition provided sufficient 
evidence to split alligator snapping turtle (Macrochelys temminckii) 
into two separate species based on genetic and morphological 
differences as well as geographic isolation, resulting in alligator 
snapping turtle (M. temminckii) and Suwannee alligator snapping turtle 
(M. suwanniensis). We are considering the two species for listing 
independently, and this proposed rule serves as the 12-month finding 
for the Suwannee alligator snapping turtle (M. suwanniensis).

[[Page 18017]]

Supporting Documents

    A Species Status Assessment team composed of Service biologists 
prepared the SSA report for the Suwannee alligator snapping turtle 
(Service 2020, entire); the SSA team consulted with other species 
experts. The SSA report represents a compilation of the best scientific 
and commercial data available concerning the status of the species, 
including the impacts of factors (both negative and beneficial) 
affecting the species in the past, present, and future. To ensure the 
scientific integrity of the analyses and information in the report, the 
SSA report was sent to four independent peer reviewers; one reviewer 
provided comments.
    The SSA report and other materials relating to this proposal can be 
found at http://www.regulations.gov under Docket No. FWS-R4-ES-2021-
0007.

I. Proposed Listing Determination

Background

    A thorough review of the taxonomy, distribution, life history, and 
ecology of the Suwannee alligator snapping turtle (Macrochelys 
suwanniensis) is presented in the SSA report (Service 2020, pp. 5-13); 
however, much of this information is based on the Macrochelys genus as 
a whole and is not specific to the Suwannee alligator snapping turtle. 
Turtles in the genus Macrochelys are the largest species of freshwater 
turtle in North America, are highly aquatic, and are somewhat 
secretive. The genus includes two distinct species, M. temminckii and 
M. suwanniensis. Macrochelys turtles are characterized as having a 
large head, long tail, and an upper jaw with a strongly hooked beak. 
They have three raised keels with posterior elevations on the scutes of 
the carapace (upper shell), which is dark brown and often has algal 
growth that adds to their camouflage. Their eyes are positioned on the 
side of the head and are surrounded by small, fleshy, pointed 
projections that are unique to the genus.
    Suwannee alligator snapping turtles are primarily freshwater 
turtles endemic to the Suwannee River basin and found more abundantly 
in the middle reaches of the Suwannee River where freshwater springs 
contribute to an increase in productivity of the aquatic system (Enge 
et al. 2014, p. 36). These turtles are typically bottom-dwelling, but 
surface periodically to breathe (Thomas 2014, p. 60). While the species 
is typically found in fresh water, it can tolerate some salinity and 
brackish waters, as barnacles have been found on the carapace of some 
turtles. The species is found in a variety of habitats across its 
range, but all life stages rely on submerged material (i.e., deadhead 
logs and vegetation) as important structure for resting, foraging, and 
cover from predators (Enge et al. 2014, p. 39).
    The Suwannee River basin encompasses parts of southern Georgia and 
northern Florida. Main water bodies that currently or historically 
supported Suwannee alligator snapping turtle include the Suwannee 
River, Santa Fe River, New River, Alapaha River, Little River, and 
Withlacoochee River. Historical distribution records of the Suwannee 
alligator snapping turtle are sparce, however it is thought the species 
has and is limited to the Suwannee river basin. Individuals occupy main 
river channels and tributaries, when habitat is present.
    The Suwannee River experiences longitudinal changes in water 
chemistry from the low-nutrient acidic blackwater at the head to the 
saline delta (Ceryak et al. 1983, p. 46). Tidal variation is 
particularly evident during low-flow condition and can extend up to 43 
kilometers (km, 26.7 miles) upstream from the mouth. Woody debris, 
undercut banks, and large rocks found throughout the river are 
important habitat during low water levels (Enge et al. 2014, p. 10).
    The Suwannee alligator snapping turtle is a member of the Family 
Chelydridae, Order Testudinata, Class Reptilia. The taxonomic history 
of the alligator snapping turtle is complex and continues to evolve. 
The species was first described in 1789 as Testudo planitia, but Gray 
placed it in the genus Macrochelys in 1856. Although subsequent authors 
referred to the genus as Macrochelys, this placement was refuted and it 
was believed the alligator snapping turtle should be included in the 
genus Macroclemys (Smith 1955, p. 16). In 1995, Webb demonstrated that 
the genus Macrochelys has precedence over Macroclemys, and the Society 
for the Study of Amphibians and Reptiles adopted this revision in 2000 
(Crother et al. 2000, p. 79). Accordingly, for the purpose of this 
proposed rule, we will use Macrochelys as the genus name for the two 
distinct species, alligator snapping turtle (Macrochelys temminckii) 
and Suwannee alligator snapping turtle (M. suwanniensis). An 
abbreviated common name, Suwannee snapping turtle, may be used; 
however, Suwannee alligator snapping turtle is the preferred common 
name since the species is within the alligator snapping turtle genus 
and not the snapping turtle genus, Chelydra.
    Historically, the alligator snapping turtle (Macrochelys 
temminckii) was considered a single, wide-ranging species until a 
recent analysis of variation in morphology and genetic structure among 
M. temminckii specimens resulted in differentiation of three species of 
alligator snapping turtles: Alligator snapping turtle (M. temminckii), 
Apalachicola alligator snapping turtle (M. apalachicolae), and Suwannee 
alligator snapping turtle (M. suwanniensis) (Thomas et al. 2014, 
entire).
    Subsequent morphological and genetic comparisons did not support 
distinguishing Macrochelys apalachicolae from M. temminckii; however, 
the data supported separation of the Suwannee population as a distinct 
species (Folt and Guyer 2015, entire).
    In addition, seven rivers lie between Macrochelys suwanniensis and 
the most eastern population of M. temminckii where neither species has 
been documented (Ewert et al. 2006, pp. 60-61). This distributional gap 
likely resulted in the divergence of the Suwannee alligator snapping 
turtle due to geographical and genetic isolation as indicated by 
genetic and morphological distinction of M. suwanniensis (Folt and 
Guyer 2015, p. 449). The herpetology community, including the Society 
for the Study of Amphibians and Reptiles, recognizes two species of 
Macrochelys: (1) M. temminckii and (2) M. suwanniensis (Crother 2017, 
p. 88). The Turtle Taxonomy Working Group also concurs with the 
recognition of two species and provides evidence to support the 
distinction of M. suwanniensis (Rhodin et al. 2017, p. 26).
    Throughout this document, we provide descriptions of Suwannee 
alligator snapping turtle where the information is available specific 
to the species. We describe Suwannee alligator snapping turtle as 
Macrochelys suwanniensis or Suwannee alligator snapping turtle. We 
reference Macrochelys when describing the genus and Macrochelys 
temminckii when referring to the second species of the genus, alligator 
snapping turtle. Since the taxonomic distinction of the two Macrochelys 
spp. is relatively recent, we may refer to the genus, or alligator 
snapping turtles in general, to describe life-history traits.
    The Suwannee alligator snapping turtle is primarily carnivorous and 
forages on small fish and mussels; however, adults are opportunistic 
feeders and may also consume crayfish, mollusks, smaller turtles, 
insects, nutria, snakes, birds, and plant material such as acorns or 
other available vegetation (Elsey 2006, pp. 448-489). Macrochelys 
turtles have evolutionarily developed an anatomical feature unique to 
the genus that assists with their predatory foraging

[[Page 18018]]

strategy. These turtles have an appendage of soft tissue attached 
underneath the tongue that resembles a live, wiggling worm and serves 
as a lure to attract fish and other unsuspecting prey while the turtle 
is stationary with an open mouth. They have very fast reflexes and 
powerful jaws that aid in this type of foraging behavior.
    The general life stages of Macrochelys spp. can be described as 
egg, hatchling (first year), juvenile (second year until age of sexual 
maturity), and adult (age of sexual maturity through death). Each life 
stage has specific requirements in order to contribute to the 
productivity of the next life stage. They excavate nests in sandy soils 
or other dry substrate near freshwater sources that are within 8 to 656 
feet (2.5 to 200 meters) from the shore. The incubation period for 
Suwannee alligator snapping turtle is between 105 to 110 days (Ernst 
and Lovich 2009, p. 145).
    Nests require temperatures of 66 to 80 degrees Fahrenheit (F) (19 
to 26.5 degrees Celsius [C]), increasing to 79 to 98 degrees F (26.1 to 
36.5 degrees C) as the season progresses. The sex ratio of Suwannee 
alligator snapping turtles in the nest is dependent on the temperature 
of the nest during embryonic development. The offspring's sex is 
influenced by the physiological mechanism--temperature-dependent sex 
determination--where more males are produced at intermediate incubation 
temperatures, and more females are produced at the two, warmer and 
cooler, temperature extremes (Ernst and Lovich 2009, pp. 16, 146). 
Alligator snapping turtles, in general, have a pivotal temperature 
range of 77 to 80.6 degrees F (25 to 27 degrees C) that produces more 
male hatchlings than females (Ewert and Jackson 1994, pp. 12-13).
    Once emerged from the nest, hatchlings need shallow water with 
riparian vegetative structure that provides canopy cover. Juveniles 
require small streams with mud and gravel bottoms that have submerged 
structures, such as tree root masses, stumps, and submerged live and 
dead trees that allows for foraging and protection from predators. 
Juvenile survival rate is estimated at only about 5 percent, with most 
mortality occurring in the first 2 years of life (Ernst and Lovich 
2009, p. 150).
    Males achieve sexual maturity in 11-21 years and females in 13-21 
years (Ernst and Lovich 2009, p. 144; Reed et al. 2002, p. 4). The age 
of sexual maturity can be influenced by the size of the turtle, as size 
increases are greater when food resources and other environmental 
conditions are more favorable. Adult Suwannee alligator snapping 
turtles require streams and rivers with submerged logs and undercut 
banks, clean water, and ample prey. Turtles found in higher quality 
habitat are more likely to become sexually mature at an earlier age and 
may also produce larger clutch sizes (Ernst and Lovich 2009, p. 145). 
Adult turtles require access to mates to fertilize eggs, with mating 
occurring underwater (Ernst and Lovich 2009, p. 144). Mating has been 
observed in captive alligator snapping turtles from February to 
October, but geographic variation within the wild population is not 
well understood (Reed et al. 2002, p. 4). A gravid female will search 
for suitable nesting habitat on land to construct a nest, avoiding low 
forested areas with abundant leaf litter and root mats that may cause 
nesting obstructions. She will excavate a cavity, deposit the eggs, and 
bury the eggs that are about 24 centimeters (cm) in depth in 
approximately 3.5 to 4 hours (Ewert 1976, p. 153; Powders 1978, p. 155; 
Thompson et al. 2016, entire). Once the female has completed the nest, 
she returns to the water, and there is no other parental care of the 
nest or offspring.
    Female alligator snapping turtles may produce a single clutch once 
a year or every other year at most even if the conditions are good 
(Reed et al. 2002, p. 4). Clutch size may vary across the species' 
range between 9 to 61 eggs, with a mean clutch size of 27 eggs (Ernst 
and Lovich 2009, p. 145). Most nesting occurs from May to July (Reed et 
al. 2002, p. 4).
    Suwannee alligator snapping turtles are long-lived species; 
provided suitable conditions, adults can reach carapace lengths of up 
to 29 inches and 249 pounds for males, while females can reach lengths 
of 22 inches and 62 pounds. The oldest documented Macrochelys turtle in 
captivity survived to at least 80 years of age, but in the wild, the 
species may live longer (Ernst and Lovich 2009, p. 147). The generation 
time for the species is around 31 years (range = 28.6-34.0 years, 95 
percent confidence interval, Folt et al. 2016, p. 27).

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species is an endangered species or a threatened species. The 
Act defines an endangered species as a species that is ``in danger of 
extinction throughout all or a significant portion of its range,'' and 
a threatened species as a species that is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' The Act requires that we determine 
whether any species is an endangered species or a threatened species 
because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could influence a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the expected response by the species, 
and the effects of the threats--in light of those actions and 
conditions that will ameliorate the threats--on an individual, 
population, and species level. We evaluate each threat and its expected 
effects on the species, then analyze the cumulative effect of all the 
threats acting on the species. We also consider the cumulative effect 
of the threats as well as those actions and conditions that will have 
positive effects on the species, such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition

[[Page 18019]]

of an ``endangered species'' or a ``threatened species'' only after 
conducting this cumulative analysis and describing the expected effect 
on the species now and in the foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
foreseeable future extends only so far into the future as the Service 
can reasonably determine that both the future threats and the species' 
responses to those threats are likely. In other words, the foreseeable 
future is the period of time in which we can make reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide 
a reasonable degree of confidence in the prediction. Thus, a prediction 
is reliable if it is reasonable to depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological status review, including an assessment of the potential 
threats to the species (Service 2020, entire). The SSA report does not 
represent a decision by the Service on whether the species should be 
proposed for listing as an endangered or threatened species under the 
Act. It does, however, provide the scientific basis that informs our 
regulatory decisions, which involve the further application of 
standards within the Act and its implementing regulations and policies. 
The following is a summary of the key results and conclusions from the 
SSA report; the full SSA report can be found at Docket FWS-R4-ES-2021-
0007 on http://www.regulations.gov.
    To assess the Suwannee alligator snapping turtle's viability, we 
used the three conservation biology principles of resiliency, 
redundancy, and representation (Shaffer and Stein 2000, pp. 306-310). 
Briefly, resiliency supports the ability of the species to withstand 
environmental and demographic stochasticity (for example, wet or dry, 
warm or cold years), redundancy supports the ability of the species to 
withstand catastrophic events (for example, droughts, large pollution 
events), and representation supports the ability of the species to 
adapt over time to long-term changes in the environment (for example, 
climate changes). In general, the more resilient and redundant a 
species is and the more representation it has, the more likely it is to 
sustain populations over time, even under changing environmental 
conditions. Using these principles, we identified the species' 
ecological requirements for survival and reproduction at the 
individual, population, and species levels, and described the 
beneficial and risk factors influencing the species' viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluate an individual species' life-history 
needs. The next stage involves an assessment of the historical and 
current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involves making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time. We use this information to inform our regulatory 
decisions.

Summary of Biological Status and Threats

    In this section, we review the biological condition of Suwannee 
alligator snapping turtle and its needs and describe the factors that 
influence the species' overall viability and the risks to that 
viability.

Threats

    We provide information regarding past, present, and future 
influences, including both positive and negative, on the Suwannee 
alligator snapping turtle's current and future viability including 
illegal harvest (Factor B), bycatch (Factor E), habitat alteration 
(Factor A), nest predation (Factor C), climate change (Factor E), and 
conservation measures. The existing regulatory mechanisms (Factor D) 
have not been adequate to arrest the decline of the species. Additional 
threats such as historical commercial and recreational harvest 
targeting the species, disease, parasitic insects, and contaminants are 
described in the SSA; these additional threats may negatively affect 
individuals of the species or historically affected the species, 
particularly when compounded with other ongoing stressors or threats. 
However, they do not threaten the species' overall viability.

Harvest (Commercial and Poaching)

Commercial and Recreational Harvest

    Commercial and recreational turtle harvesting practices in the last 
century resulted in a decline of the Suwannee alligator snapping turtle 
across its range (Enge et al. 2014, p. 4). Commercial harvest of both 
species of alligator snapping turtles reached its peak in the late 
1960s and 1970s when the meat was used for commercial turtle soup 
products and sold in large quantities for public consumption. In 
addition, many restaurants served turtle soup and purchased large 
quantities of alligator snapping turtles from trappers in the 
southeastern States (Reed et al. 2002, p. 5). In the 1970s, the demand 
for turtle meat was so high that as much as three to four tons of 
alligator snapping turtles (M. temminckii) were harvested from the 
Flint River in Georgia per day (Pritchard 1989, p. 76). The Florida 
Game and Fresh Water Fish Commission (now the Florida Fish and Wildlife 
Conservation Commission [FWC]) reported significant numbers of turtles 
being taken from the Apalachicola and Ochlocknee Rivers to presumably 
be sent to restaurants in New Orleans and other destinations (Pritchard 
1989, pp. 74-75). While such large-scale removal of Macrochelys turtles 
occurred across the range of the genus, the population demographics of 
Suwannee alligator snapping turtles in Florida indicate there was 
likely less commercial harvesting activities in the Suwannee River 
drainage than elsewhere (Enge et al. 2017, p. 6; Enge et al. 2014, 
entire; Johnston et al. 2015, entire).
    Florida prohibited the commercial harvest of all Macrochelys spp. 
in 1972 and recreational or personal harvest in 2009; Georgia 
prohibited all harvest in 1992 (Service 2020, pp. 14-15). Despite the 
prohibitions on commercial and recreational harvest for the species, 
the effects from historical removal of large turtles continues to 
affect the species due to their low fecundity, low juvenile survival, 
long lifespan, and delayed maturity. Commercial harvest is not 
currently a threat to Suwannee alligator snapping turtle, but the 
effect of historical large-scale removal of large turtles is ongoing.

[[Page 18020]]

Illegal Harvest (Poaching)

    Although both Florida and Georgia have prohibited recreational 
harvest, there is an international and domestic demand for turtles for 
consumption and for herpetofauna enthusiasts who collect turtle species 
for pets (Stanford et al. 2020, entire). The Suwannee alligator 
snapping turtle is no exception; farmed, hatchling alligator snapping 
turtles may be sold for up to 195 U.S. dollars per turtle (Lejeune et 
al. 2020, p. 8; MorphMarket 2020, unpaginated). Illegal harvest, or 
poaching, of Suwannee alligator snapping turtle may occur anywhere 
within its range for both the pet trade and turtle meat trade. The best 
available information regarding potential pressure from poaching comes 
from documented reports by law enforcement agencies and court cases 
involving the congeneric (species within the same genus) alligator 
snapping turtle. In a 2017 case, 3 men were convicted of collecting 60 
large alligator snapping turtles (M. temminckii) in a single year in 
Texas and transporting them across State lines, violating the Lacey Act 
(Department of Justice 2017, entire). We expect that illegal harvest is 
affecting Suwannee alligator snapping turtles, given it has been 
documented on many occasions for the heterospecific alligator snapping 
turtle. Illegal harvest is an ongoing threat to Suwannee alligator 
snapping turtle because removing adult female turtles from the 
population lowers the viability of the species by reducing reproductive 
potential; in addition, the species is long-lived, slow to mature, and 
juvenile survival is very low making it more difficult for the 
historically over-harvested population to recover.
    Aside from the local and domestic use of turtles, the global demand 
for pet turtles and turtle meat continues to increase. Many species of 
turtles are collected from the wild as well as bred in captivity and 
are sold domestically and exported internationally. Macrochelys spp. 
are regularly exported out of the United States, typically as 
hatchlings or juveniles, to initiate brood stock for overseas turtle 
farms and for turtle collectors. According to the Service's Law 
Enforcement Management Information System (LEMIS), which provides 
reports about the legal international wildlife trade, most shipments of 
live alligator snapping turtles exported from 2005 to 2018 consisted of 
small turtles destined mostly for Hong Kong and China (Service 2018, 
entire). Prior to 2006, up to 23,780 M. temminckii per year were 
exported from the United States (70 FR 74700, December 16, 2005).
    In 2006, Macrochelys temminckii was listed under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) as an Appendix III species to allow for better monitoring of 
exports. At the time of the CITES listing, M temminckii was a single 
species; thus, M. suwanniensis is included under this listing.

Impacts of Harvest

    Because of Suwannee alligator snapping turtle's life history with 
delayed maturity, long generation times, and relatively low 
reproductive output, the species cannot sustain collection from the 
wild, especially of adult females, over any length of time (Reed et al. 
2002, pp. 8-12). Adult turtles do not reach sexual maturity until 11 to 
21 years of age. A mature female typically produces only one clutch per 
year consisting of 8-52 eggs (Ernst and Barbour 1989, p. 133). These 
turtles are characterized by low survivorship in early life stages, but 
surviving individuals may live many decades once they reach maturity. 
The life-history traits of the species (low fecundity, late age of 
maturity, and low survival of nests and juveniles) contribute to the 
population's slow response rebound after historical over-exploitation. 
Therefore, population growth rates are extremely sensitive to the 
harvest of adult females. Adult female survivorship less than 98 
percent per year is considered unsustainable, and a further reduction 
of this adult survivorship will generally result in significant local 
population declines (Reed et al. 2002, p. 9), though dynamics likely 
vary across the species' range. These data underscore how influential 
adult female mortality is on the ability of the species to maintain 
viable populations.
    Although regulatory harvest restrictions have decreased the number 
of Suwannee alligator snapping turtles harvested, populations have not 
necessarily increased in response. This lag in population response is 
likely due to the demography of the species--specifically delayed 
maturity, long generation times, and relatively low reproductive 
output. The Suwannee alligator snapping turtle population remains low 
despite commercial and recreational harvest prohibitions (Florida Fish 
and Wildlife Conservation Commission 2017, p. 6).

Bycatch

    Suwannee alligator snapping turtles can be killed or harmed 
incidentally during fishing and other recreational activities. Some of 
these threats include fish hook ingestion, drowning when hooked on 
trotlines (a fishing line strung across a stream with multiple hooks 
set at intervals) and limb lines, or bush hooks, (single hooks hung 
from branches), jug lines (line with a hook affixed to a floating jug) 
along with injuries and drowning when entangled in various types of 
fishing line. Hoop nets are also used to capture catfish and baitfish 
and are made up of a series of hoops with netting and funnels where 
fish enter but are unable to escape through the narrow entry point. The 
nets are left submerged and may entrap small Suwannee alligator 
snapping turtles that enter the traps and are unable to escape. Boats 
and boat propeller strikes may also injure or kill Suwannee alligator 
snapping turtles; however, this effect is not limited to fishing boats.
    Actively used or discarded fishing line and hooks pose harm to 
Suwannee alligator snapping turtles. They can ingest baited fishhooks 
and attached fishing line and, depending on where ingested hooks and 
line lodge in the digestive tract, they can cause harm or death (Enge 
et al. 2014, pp. 40-41). For example, hooks and line can cause 
gastrointestinal tract blockages, and the hooks can puncture the 
digestive organs, leading to mortality (Enge et al. 2014, pp. 40-41). 
Fishhooks have been found in the gastrointestinal tracts of 
radiographed Suwannee alligator snapping turtles (Enge et al. 2014, 
entire; Thomas 2014, pp. 42-43).
    Trotlines also negatively affect Suwannee alligator snapping 
turtles. Trotlines are a series of submerged lines with hooks off a 
longer line. Trotline fishing involves leaving the lines unattended for 
extended periods, before returning to check them. Limblines and bush 
hooks are similar to trot lines in that they are typically set and left 
unattended; however, they only use a single hook. The turtles can 
become entangled in the lines and drown, as well as ingest trotline 
hooks and lines, also causing drowning or internal injuries. Bycatch 
from trotlines that resulted in mortality of Macrochelys turtles has 
been well documented. Dead turtles have been found on lines that had 
seemingly been abandoned (Moore et al. 2013, p. 145). The lines and 
hooks may also become dislodged from their place of attachment when 
left unattended, becoming aquatic debris that remains in the waterway 
for extended periods of time and may continue to be an entanglement 
hazard for many species, including Suwannee alligator snapping turtles.
    Another stressor associated with recreational fishing and boating 
is harm

[[Page 18021]]

caused by boat propeller strikes. Collisions with boat propellers by 
unsuspecting surfacing or submerged turtles can injure them resulting 
in extensive damage to their carapaces, though effects on population 
demographic rates are unknown (Enge et al. 2014, p. 41).

Habitat Alteration

    Suwannee alligator snapping turtle aquatic and nesting habitats 
have been altered by anthropogenic disturbances. Changes in the 
riparian or nearshore areas affect the amount of suitable soils for 
nesting sites because the species constructs nests on land near the 
water. Riparian cover is important as it moderates in-stream water 
temperatures and dissolved oxygen levels. In addition to affecting the 
distribution and abundance of alligator snapping turtle prey species, 
these microhabitat conditions affect the snapping turtles directly. 
Moderate temperatures and sufficient dissolved oxygen levels allow the 
turtles to remain stationary on the stream bottom for longer periods, 
increasing the ambush foraging opportunities. Changes in the riparian 
structure may affect the microclimate and conditions of the associated 
water body, directly affecting the foraging success of the turtles.
    Activities and processes that can alter habitat include dredging, 
deadhead logging (removal of submerged or partially submerged snags, 
woody debris and other large vegetation for wood salvage), removal of 
riparian cover, channelization, stream bank erosion, siltation, and 
land use adjacent to rivers (e.g., clearing land for agriculture). 
These activities negatively influence habitat suitability for Suwannee 
alligator snapping turtles. Erosion can change the stream bank 
structure affecting the substrate that may be suitable for nesting or 
accessing nesting sites. Siltation affects water quality and may reduce 
the health and availability of prey species. Channelization destroys 
the natural benthic habitat and also affects the water depth and normal 
flow. Submerged obstacles may be removed during the channelization, 
which affects the microhabitat dynamics within the waterway and removes 
important structure for alligator snapping turtles to use for resting, 
foraging, and cover from predators. While channelization within the 
species' range does not regularly occur, it is not prohibited. Deadhead 
logs and fallen riparian woody debris, where present, provide refugia 
during low-water periods and resting areas for all life stages and 
support important feeding areas for hatchlings and juveniles (Enge et 
al. 2014, p. 40; Ewert et al. 2006, p. 62).
    Suwannee alligator snapping turtle habitat is also influenced by 
water availability and quantity as well as water quality across its 
range. Ground water withdrawals in the Florida portion of the species' 
range are managed by the Suwannee River Water Management District 
(SRWMD); withdrawals increased by 64 percent between 1975 and 2000, 
mostly for irrigation. Most withdrawals in the basin occur in 
agricultural areas along the Suwannee River during the spring (March 
through May) (Thom et al. 2015, p. 2). Water withdrawals may reduce 
flow in some streams, effectively isolating some turtles from the rest 
of the population or making immature turtles more vulnerable to 
predators. Additionally, reduced water levels may impact prey abundance 
and distribution through restricting habitat connectivity, reducing 
dissolved oxygen levels, and increasing water temperatures.
    Water quality may also be a factor for Suwannee alligator snapping 
turtles as contaminants enter the aquatic systems through runoff. The 
Lower Suwannee River's middle and lower basins are directly impacted by 
nutrients, including nitrates. Agricultural practices are the main 
source of nitrates, which specifically come from fertilizers and in 
some cases from manure and other waste products. They introduce 
nitrates to the river and groundwater (i.e., springs) through surface 
runoff and groundwater seepage. Groundwater seepage transports nitrates 
to the aquifer, which then reemerge through springs and other 
groundwater discharge, especially during low flow periods (Pittman et 
al. 1997, entire; Katz et al. 1999, entire; FDEP 2003; Thom et al. 
2015, p. 2).
    The direct effects of water quality and water quantity on Suwannee 
alligator snapping turtle have not been quantified; however, as the 
human population that relies on water systems in the species' range 
continues to increase, the indirect effects across the entire range, 
coupled with other stressors, is likely to further reduce the species' 
viability. Underscoring the potential severity of this threat, 
Florida's human population is anticipated to grow from nearly 21.5 
million in 2019 to more than 24.0 million by 2030 (Rayer and Wang 2020, 
p. 9). The public water supply demand will increase with increased 
human population growth. All counties within the species' range in 
Florida (Columbia, Union, Bradford, Alachua, Gilchrist, Levy, Dixie, 
Lafayette, Suwannee, Madison, and Hamilton Counties) are part of the 
SRWMD supply area and are projected to increase in public water supply 
demand by an average of 11.29 percent increase in millions of gallons 
of water per day from 2010 to 2035 (SRWMD 2015, p. 42). In addition, 
the human population in these counties will experience an average of 
17.25 percent population growth from the year 2010 to 2035 (SRWMD 2015, 
p. 43). As the human population increases, other threats to the species 
and its habitat are likely to increase. For example, recreational use 
of the Suwannee River will more than likely continue to rise, which 
will increase human encounters with Suwannee alligator snapping turtle 
through incidental bycatch or boat strikes. Also, more development may 
result in an increase in contaminated runoff and declines in water 
quality.

Nest Predation

    Nest predation rates for Macrochelys spp. are high. Raccoons 
(Procyon lotor) are common nest predators, but nine-banded armadillos 
(Dasypus novemcinctus), Virginia opossums (Didelphis virginiana), 
bobcats (Lynx rufus), and river otters (Lontra canadensis) may also 
depredate nests (Ernst and Lovich 2009, p. 149; Ewert et al. 2006, p. 
67; Holcomb and Carr 2013, p. 482). Additional nonnative species found 
within the species' range that may depredate nests include feral pigs 
(Sus scrofa) and invasive red imported fire ants (Solenopsis invicta) 
(Pritchard 1989, p. 69). Although not documented in Suwannee alligator 
snapping turtle nests, fire ants are prevalent across the species' 
range, and predation by fire ants was the suspected culprit in the 
failure of alligator snapping turtle (M. temminckii) nests in Louisiana 
(Holcomb 2010, p. 51). Beyond nest failure, some hatchlings endured 
wounds inflicted by fire ants that led to the loss of a limb or tail, 
which reduced their mobility and their chance of survival (Holcomb 
2010, p. 72). The recovery of the species from historical overharvest 
depends on successful reproduction and survival of young. The currently 
low population size does not allow for absorbing the impact of elevated 
nest predation. The degree of added threat from the newer, introduced 
nest predators is unknown, but we can conclude that the overall threat 
from nest predation is greater than it was in the past because of the 
introduced predators. Coupled with other threats, nest predation will 
continue to negatively affect the species' overall viability.

[[Page 18022]]

Climate Change

    Climate change may also affect Suwannee alligator snapping turtle 
to varying degrees, but the extent of impact is influenced by certain 
geographical factors, including proximity to the coast and latitudinal 
thermogradients. Climate change may affect Suwannee alligator snapping 
turtle in several ways. First, increased water withdrawal for human use 
(i.e., potable water and agriculture irrigation) and reduced 
precipitation may directly and indirectly impact habitat, food, and 
water availability throughout the Suwannee river basin. In addition, 
available water will be affected as greater evaporation will occur with 
continued warming temperatures. Furthermore, increased temperatures may 
have physiological impacts on sex ratios because these turtles have 
temperature-dependent sex determination, and higher temperatures may 
skew the sex ratio.
    In the southeastern United States, temperatures are predicted to 
warm by 4-8 [deg]F (2.2-4.4 [deg]C) by 2100 (Carter et al. 2014, p. 
399). Temperature determines the sex of the Macrochelys developing 
embryos; certain nest temperatures result in primarily male hatchlings 
with females produced at temperatures of the two extremes of the 
intermediate male-producing temperatures. Females are produced when the 
nest temperatures are either cooler or warmer than the temperature 
threshold for male development. In order to develop mixed ratios of 
both sexes, fluctuating temperatures near the intermediate and extremes 
are ideal. In addition to temperature effects on sex ratio, temperature 
has been associated with nest viability, with highest viability in 
nests with intermediate sex ratios (produced at the male-producing 
intermediate temperature range with fluctuations of warmer or cooler 
temperatures for female-producing temperatures during the incubation 
period) and lowest in nests with female-biased sex ratios (Ewert and 
Jackson 1994, pp. 28-29). Thus, warming temperatures might lead to 
Suwannee alligator snapping turtle nests with strongly female-biased 
sex ratios. These skewed sex ratios may result in declining viability 
as mating behaviors are altered and other issues with unbalanced 
populations arise.
    Collectively, these impacts from reduced precipitation and 
increased temperature would reduce the quality or availability of 
suitable habitat for the Suwannee alligator snapping turtle (Thom et 
al. 2015, p. 126). Climate change impacts on the Suwannee alligator 
snapping turtle will likely act in concert with and exacerbate other 
threats and stressors' impacts.

Other Stressors

    Other stressors that may affect Suwannee alligator snapping turtles 
include disease, nest parasites, contaminants from urban and 
agricultural runoff, and historical recreational harvest, but none of 
these stressors rise to the level of a threat. These stressors may act 
on individuals or have highly localized impacts., While each is 
relatively uncommon, these stressors may exacerbate the effects of 
other ongoing threats.
    Additional information on these stressors acting on the species is 
available in the species' SSA in the Factors Influencing Viability 
section (Service 2020, pp. 14-20). It includes historical and current 
threats that have caused and are causing a decline in the species' 
viability. The primary threats currently acting on the species include 
illegal harvest, nest predation, and hook ingestion/entanglement. These 
primary threats are not only affecting the species now but are expected 
to continue impacting the species and were included in the species' 
future condition projections in the SSA (Service 2020, pp. 30-45).

Regulatory Mechanisms

    Several State and Federal regulatory mechanisms protect the 
Suwannee alligator snapping turtle and its habitat.

Clean Water Act

    Section 401 of the Federal Clean Water Act (CWA) requires that an 
applicant for a Federal license or permit provide a certification that 
any discharges from the facility will not degrade water quality or 
violate water-quality standards, including State-established water 
quality standard requirements. Section 404 of the CWA establishes 
programs to regulate the discharge of dredged and fill material into 
waters of the United States.
    Permits to fill wetlands; to install, replace, or remove culverts; 
to install, repair, replace, or remove bridges; or to realign streams 
or water features that are issued by the Florida Department of 
Environmental Protection or U.S. Army Corps of Engineers under 
Nationwide, Regional General Permits, or Individual Permits include:
     Nationwide Permits are for ``minor'' impacts to streams 
and wetlands and do not require an intense review process. The impacts 
allowed under Nationwide Permits usually include projects affecting 
stream reaches less than 150 feet (45.72 m) in length, and wetland fill 
projects up to 0.50 acres (0.2 hectare). Mitigation is usually provided 
for the same type of wetland or stream impacted and is usually at a 2:1 
ratio to offset losses.
     Regional General Permits are for various specific types of 
impacts that are common to a particular region; these permits will vary 
based on location in a certain region/State.
     Individual permits are for the larger, higher impact, and 
more complex projects. These require a complex permit process with 
multi-agency input and involvement. Impacts in these types of permits 
are reviewed individually, and the compensatory mitigation chosen may 
vary depending on the project and types of impacts.
    The Clean Water Act regulations ensure proper mitigation measures 
are applied to minimize the impact of activities occurring in streams 
and wetlands where the species occurs. These regulations contribute to 
the conservation of the species by minimizing or mitigating the effects 
of certain activities on Suwannee alligator snapping turtles and their 
habitat.

Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES)

    Suwannee alligator snapping turtle is included under Macrochelys 
spp., in the CITES Appendix III species list. Macroclemys 
[=Macrochelys] temminckii was listed as an Appendix III species under 
CITES. At the time the species was added to the list in 2006, the genus 
was a single species described as Macroclemys and synonymous with 
Macrochelys (70 FR 74700, December 16, 2005). Both species, alligator 
snapping turtle and Suwannee alligator snapping turtle, are protected 
under this regulation because they were included as a single entity at 
the time of the CITES Appendix III listing. CITES requires permits for 
exports of Appendix III species as well as annual reporting; annual 
reports must include the number of exported individuals of listed 
species. These requirements help control and document legal, 
international trade. Thus, Appendix-III listings lend additional 
support to State wildlife agencies in their efforts to regulate and 
manage these species, improve data gathering to increase knowledge of 
trade in the species, and strengthen State and Federal wildlife 
enforcement activities to prevent poaching and illegal trade.
    While the CITES reporting indicates the number of turtles exported 
with other relevant data, the information required for the export 
reports does not always accurately identify the source

[[Page 18023]]

stock of the exported turtle(s). Most alligator snapping turtles that 
were exported between 2005 and 2018 were identified as ``wild'' 
individuals; however, many were likely from farmed parental stock 
(Service 2018, entire). The discrepancy in reporting the actual source 
of the internationally exported turtles does not allow us to easily 
evaluate the impact of export on Suwannee alligator snapping turtles. 
Additionally, there are no reporting requirements to track domestically 
traded alligator snapping turtles, which are not included in CITES 
reporting.

National Wildlife Refuges

    Approximately 5 percent of the Suwannee alligator snapping turtle's 
range includes areas within two National Wildlife Refuges (NWR), 
Okefenokee in Georgia and Lower Suwannee in Florida. These Refuges are 
managed by the Service to conserve native wildlife species and their 
habitats and are protected from future development. Both NWRs have 
comprehensive conservation plans (CCP) that ensure each NWR is managed 
to fulfill the purpose(s) for which it was established.
    Okefenokee NWR is at the northernmost proximity of the species' 
range and is a freshwater wetland. There are only a few anecdotal 
reports within Okefenokee NWR. There have been no systematic surveys 
conducted within the swamp, so the extent of use by the species of that 
area has not yet been documented. However, the paucity of documented 
and anecdotal records from the surrounding areas would indicate that 
the species is not common or widespread at this location.
    The Okefenokee NWR CCP includes a strategy within their wildlife 
management goal to ``develop and implement surveys to determine 
distribution and population status of amphibians and reptiles, 
particularly those species that are threatened, endangered, or species 
of special concern.'' The CCP also includes an objective to ``identify 
factors influencing declines in the refuge's fishery by examining water 
chemistry, groundwater withdrawals, water quality, pH levels, 
invertebrate populations and the physical environment. Evaluate 
feasibility of restoring the fish population (Service 2006, pp. 84-
86).'' This knowledge would clearly benefit management of the Suwannee 
alligator snapping turtle.
    The Lower Suwannee NWR is at the mouth of the Suwannee River where 
it feeds into the Gulf of Mexico. Twenty miles of the Suwannee River is 
within the refuge and is suitable habitat for Suwannee alligator 
snapping turtles, albeit less so as salinity increases the closer the 
river gets to the Gulf of Mexico. The species is considered common 
within the Refuge, and nesting has been confirmed; however, the species 
is not commonly seen (due to their ability to burrow into the river or 
creek banks, or sitting on the bottom and staying submerged until 
surfacing for air is needed), and cryptic coloration when submerged 
makes detection of the species very difficult (Woodward 2021, pers. 
comm.). The Lower Suwannee NWR CCP includes management actions that may 
benefit the species and provides goals for wildlife, habitat, and 
landscape management. The CCP's objectives and strategies provide that 
the refuge monitor and manage wildlife populations, manage the habitats 
for threatened and endangered species and species of special concern in 
the State of Florida, and promote interagency and private landowner 
cooperation (Service 2001, pp. 11-22). The Lower Suwannee River NWR 
provides logistical, operational, in-kind, and financial support to 
FWC's Suwannee alligator snapping turtle team to conduct surveys on the 
refuge.

Department of Defense--Moody Air Force Base

    Moody Air Force Base is near Valdosta, Georgia, and has many 
freshwater ponds and a large lake, Mission Lake, that drains into the 
Grand Bay system. Suwannee alligator snapping turtles do not commonly 
occur on Moody Air Force Base, but they are occasionally found. The 
Base's Integrated Natural Resources Management Plan (INRMP) describes 
Macrochelys as occurring on the Base; however, there are no management 
activities described directly for the species in the INRMP. The 
Department of Defense ensures INRMPs are consistent with the Sikes Act 
Improvement Act of 1997, as amended through 2010 (16 United States Code 
[U.S.C.] 670a et seq.), which requires the preparation, implementation, 
update, and review of an INRMP for each military installation in the 
United States and its territories with significant natural resources.

State Protections

    The Suwannee alligator snapping turtle is State-listed in both 
Florida and Georgia as a threatened species. The Florida Fish and 
Wildlife Conservation Commission (FWC) directs staff to evaluate all 
species listed as Threatened or Species of Special Concern as of 
September 1, 2010, as required by rule 68A-27.0012 Florida 
Administrative Code, which makes it illegal to take, possess, or sell 
the Suwannee alligator snapping turtle, as it is a protected species. 
Since the original 2010 biological status review, two species of 
alligator snapping turtle were differentiated based upon genetic and 
skeletal differences (Thomas et al. 2014, entire), necessitating new 
biological status reviews of both species. During FWC's 2017 biological 
assessment of Macrochelys, it was determined by the biological review 
group that M. suwanniensis was distinct and warranted listing as 
Threatened based upon IUCN Red List criteria (Enge et al. 2017. p. 3).
    Florida developed a Species Action Plan (SAP) that includes all 
Macrochelys spp. due to their similarity in appearance, vulnerability 
to deliberate human take, incidental take with fishing gear, pollution, 
riverine habitat alteration, and nest predation (FWC 2018, p. iii). The 
objectives of the SAP include: Habitat Conservation and Management, 
Population Management, Monitoring and Research, Rule and Permitting 
Intent, Law Enforcement, Incentives and Influencing, Education and 
Outreach, and Coordination with Other Entities (FWC 2018, pp. 10-27). 
Implementation of the Macrochelys spp. SAP is ongoing (FWC 2018, 
entire). FWC has established a team of biologists, the Suwannee 
alligator snapping turtle team, who continue to study the species to 
better understand the species and population trends.
    Both Macrochelys suwanniensis and M. temminckii are found in 
Georgia, but their ranges do not overlap. Georgia listed M. temminckii 
as threatened in 1992, which at the time included both species, and 
continues to cover both species as threatened. State law protects 
threatened animal species by prohibiting their harassment, capture, 
killing, sale, and purchase; and destruction of their habitat on public 
land (Georgia Administrative Code section 391-4-10-.06). In the State's 
Wildlife Action Plan, the Department of Natural Resources indicates 
they intend to conduct genetic, taxonomic, and reproductive studies of 
high-priority species (GDNR 2015, p. D-5). Current State regulations 
are intended to minimize the impact of poaching and also contribute to 
the conservation of the species through public outreach. Because of the 
life history of the species with generation times up to 30 years, 
recovery from historical impacts to the population take greater time to 
be rebuild a healthy, sustainable population.

[[Page 18024]]

State and Federal Stream Protections (Deadhead Logging)

    Structural features within the water are important components of 
the habitat for Suwannee alligator snapping turtles. Submerged and 
partially submerged vegetation provide feeding and sheltering areas for 
all age classes. The structural diversity and channel stabilization 
created by instream woody debris provides essential habitat for 
spawning and rearing aquatic species (Bilby 1984, p. 609 and Bisson et 
al. 1987, p. 143). Snag or woody habitat was reported as the major 
stable substrate in southeastern Coastal Plain sandy-bottom streams and 
a site of high invertebrate diversity and productivity (Wallace and 
Benke 1984, p. 1651). Wood enhances the ability of a river or stream 
ecosystem to use the nutrient and energy inputs and has a major 
influence on the hydrodynamic behavior of the river (Wallace and Benke 
1984, p. 1643). One component of this woody habitat is deadhead logs, 
which are sunken timbers from historical logging operations. Deadhead 
logging is the removal of submerged cut timber from a river or creek 
bed and banks. However, current State regulations minimize the impact 
of deadhead logging on Suwannee alligator snapping turtle. Florida 
allows deadhead logging only with proper permits from the Florida 
Department of Environmental Protection, the consideration of which 
includes assessment of impacts on wildlife. Further, the State 
prohibits deadhead logging in some of the waterways in the species' 
range. Georgia is not currently processing permits; therefore, deadhead 
logging is not currently being permitted in any of its waterways.

State and Federal Stream Protections (Buffers and Permits)

    A buffer such as a strip of trees, plants, or grass along a stream 
or wetland naturally filters out dirt and pollution from rainwater 
runoff before it enters rivers, streams, wetlands, and marshes. This 
vegetation not only serves as a filter for the aquatic system, but the 
riparian cover influences microhabitat conditions such as in-stream 
water temperature and dissolved oxygen levels. These habitat conditions 
not only influence the distribution and abundance of alligator snapping 
turtle prey species but also directly affect Suwannee alligator 
snapping turtles. Moderate temperatures and sufficient dissolved oxygen 
levels allow the turtles to remain stationary on the stream bottom for 
longer periods, increasing their ambush foraging opportunities. Loss of 
riparian vegetation and canopy cover result in increased solar 
radiation, elevation of stream temperatures, loss of allochthonous 
(organic material originating from outside the channel) food material, 
and removal of submerged root systems that provide habitat for 
alligator snapping turtle prey species (Allan 2004, pp. 266-267).
    The Georgia Erosion and Sediment Control Act restricts disturbance 
and trimming of vegetation within a 25-ft (7.62-m) buffer adjacent to 
creeks, streams, rivers, saltwater marshes, and most lakes and ponds, 
and the Georgia Planning Act requires some local governments to adopt a 
100-ft (30.48-m) buffer. Georgia also has a non-point water pollution 
source management program under which the State established and updates 
a Nonpoint Source Management Plan; this plan sets long-term goals and 
short-term activities for the State, partners, and stakeholders to 
address non-point source pollution. Although not focused on buffers per 
se, the Florida Surface Water Improvement and Management Act addresses 
statewide non-point source pollution impacts to waterbodies on a 
landscape scale and partners with Federal, State, and local 
governments, and the private sector to restore damaged ecosystems and 
prevent pollution from storm water runoff (Florida Administrative Code, 
Rule: 62-43.010).

Conservation Measures

    In this section, we describe conservation measures in place for 
Suwannee alligator snapping turtle. Many efforts are directed to 
Macrochelys in general; however, we are describing below those that 
affect only Suwannee alligator snapping turtle.

Suwannee River Water Management District (SRWMD)

    Water conservation measures restricting lawn and landscaping 
irrigation can benefit the Suwannee alligator snapping turtle by 
limiting water withdrawal, which directly benefits the turtle through 
maintaining available habitat and supporting habitat for prey species, 
and by reducing runoff of fertilizers and other turf management 
chemicals that could disrupt or alter water chemistry in the streams. 
The SRWMD manages the water and other related resources within the 
range of the Suwannee alligator snapping turtle including the Suwannee, 
Withlacoochee, Alapaha, Santa Fe, and Ichetucknee Rivers within 
Florida. The agency monitors the water quantity and quality by regular 
testing and reporting. It also implements water-use restrictions to 
conserve freshwater resources of springs and rivers within the SRWMD. 
Unnecessary water use is discouraged, and landscape irrigation 
restrictions are implemented as needed such as limiting watering to 
twice per week based on a District water conservation measures that 
apply to residential landscaping, public or commercial recreation 
areas, and businesses that are not regulated by a District-issued water 
use permit (SRWMD 2021, unpaginated). Landscape irrigation accounts for 
the largest percentage of household water use in the State of Florida. 
Mandatory lawn and landscape watering measures are in effect throughout 
the SRWMD. These restrictions contribute to maintaining healthy 
groundwater level and flows.

Current Condition

    The current condition for Suwannee alligator snapping turtle 
considered the current abundance, current threats, and conservation 
actions as in the context of what is known about its historical range. 
In order to determine species-specific population and habitat factors 
along with threats and conservation actions acting on the species, 
expert elicitation was used in the absence of available related 
information. Species experts independently provided relevant 
information related to the species for which each were familiar. To 
describe Suwannee alligator snapping turtle's resiliency, redundancy, 
and representation for the current condition analysis, we assessed the 
species as a single population, because there is evidence that the 
turtles may move between the Suwannee and Santa Fe Rivers. The entire 
species is estimated to have an abundance of 2,000 turtles across its 
entire range in Georgia and Florida (Service 2020, p. 25).
    The current major threats acting on the Suwannee alligator snapping 
turtle include fishing bycatch, illegal harvest (poaching), nest 
predation, habitat alteration, and climate change. Other stressors 
acting on the species include disease, insect parasitism, and 
contaminants. The species is listed in Florida and Georgia as 
threatened on each State's threatened and endangered species list. When 
evaluating range expansion or constriction, recent surveys have 
confirmed minimal change in the known, limited historical range.
    The resiliency of the single Suwannee alligator snapping turtle 
population is described according to its abundance, threats, and range 
expansion or contraction. Current abundance was the assessment for 
current resilience, along with information about current threats, 
conservation actions, and distribution serving as auxiliary information 
about

[[Page 18025]]

the causes and effects of current versus historical abundances. There 
is little information with which to make rigorous comparisons between 
current and historical abundances; however, population depletions 
historically occurred for consumption and cumulated through the 1970s 
when turtles and turtle meat were exported regionally for commercial 
use. Information about the magnitude of the changes in abundance over 
time come from anecdotal observations by trappers (Pritchard 1989, pp. 
74, 76, 80, 83). The historical large-scale removal of large, 
reproductive turtles from the population for commercial harvest 
continue to affect the species and its' ability to rebound. Therefore, 
as a result of the historical and ongoing threats, as described above, 
the species currently (resiliency) encompasses a single population with 
an estimated abundance of 2,000 turtles across most of its historical 
range in Georgia and Florida. Additional information regarding current 
condition descriptions are included in the SSA report (Service 2020, 
pp. 26-28).
    The home range for Suwannee alligator snapping turtles has been 
reported between 243 m and 2,013 m (Thomas 2014, pp. 41-42). Turtles 
are not confined to any part of their range as long as there are no 
physical barriers; while this species is aquatic with the exception of 
nesting, these turtles are capable of moving across land if necessary 
as conditions become unsuitable or resources are diminished. When 
describing the species' representation, for the purposes of the SSA in 
evaluating the species' current and future viability, the species 
consisted of a single representative unit. The best available science 
regarding the species indicates there is no genetic or environmental 
condition variation across the species' range that would allow for 
delineating additional representative units. Representation, which 
measures a species' adaptive potential in the face of natural or 
anthropogenic changes, is inherently low for this species because the 
best available information shows it lacks significant genetic variation 
within its single population. In addition, there are no physical 
barriers inhibiting movement within the range that bring about genetic 
divergence over time.
    The Suwannee alligator snapping turtle's redundancy is likewise 
limited to the single population, with an estimated abundance of 2,000 
turtles, across its historical range. Redundancy is related to a 
species' response to a catastrophic event. While there is only a single 
population, it is widely distributed across the historical range; 
therefore, the chance of a catastrophic event affecting the entire 
species is very low.
    In summary, the overall current condition of the species' viability 
is affected by the residual effects of historical overharvest, 
historical and ongoing impacts from incidental limb line/bush hook and 
recreational fishing bycatch and/or hook ingestion, illegal harvest, 
habitat alteration, nest predation, and the species' life history 
(i.e., low annual recruitment and delayed sexual maturity). Because of 
these threats, and particularly the legacy effects of historical 
harvest, the overall current condition is a single population with an 
estimated abundance of 2,000 turtles across most of its historical 
range. The species' resiliency is likely lower than it was historically 
as a result of the loss of reproductive females and the species' life 
history (long-lived, late age to sexual maturity, low intrinsic growth 
rate). However, the species was not well studied historically, so there 
is little information (anecdotal observations) from with which to make 
comparisons between historical and current abundance estimates. 
Redundancy and representation are limited and low, respectively, since 
the species is considered a single population with little genetic 
variability or no physical barriers to movement.

Future Condition

    The future condition of Suwannee alligator snapping turtle is 
described in detail in the SSA report (Service 2020, pp. 30-45). When 
evaluating the species' future viability, we considered the current 
condition of the species and the threats acting on the species to 
develop a model to determine future trends of species' estimated 
abundance. We applied six plausible scenarios that factored in the 
estimated abundance and threats acting on the species to project the 
future resiliency of the species (Table 1). Three scenarios consider 
conservation actions to be applied, while the remaining three scenarios 
project conditions with no conservation actions.
    To assess future conditions and the viability of the Suwannee 
alligator snapping turtle, we constructed a female-only, stage-
structured matrix population model to project the population dynamics 
over 50 years. Species experts identified five primary potential 
threats that were likely to reduce stage-specific survival 
probabilities: Commercial fishing bycatch (includes entanglement, 
drowning, or otherwise dying from interaction with fishing gear; 
influenced hatchling, juvenile, and adult survival), recreational 
fishing bycatch (has the same impacts as commercial fishing bycatch; 
influenced juvenile and adult survival), hook ingestion (surviving a 
bycatch event but enduring the lingering effects of an ingested hook; 
influenced juvenile and adult survival), illegal collection (i.e., 
poaching; influenced hatchling, juvenile, and adult survival), and 
subsidized nest predators (influenced nest survival). The subsidized 
nest predator threat reflects additional nest depredation beyond what 
would be expected from common nest mesopredators (e.g., raccoons and 
opossums), with fire ants (Solenopsis spp.) being the primary nest 
predator.
    We used the best available information from the literature to 
parameterize the population matrix and elicited data from species 
experts to quantify stage-specific initial abundance, the spatial 
extent of threats, and threat-specific percent reductions to survival. 
To account for potential uncertainty in the effects of each threat, the 
six future scenarios were divided along a spectrum: Threat-induced 
reductions to survival were decreased by 25 percent, were unaltered, or 
were increased by 25 percent. To simulate conservation actions, the 
spatial extent of each threat was either left the same or reduced by 25 
percent (Table 1). We used a fully stochastic projection model that 
accounted for uncertainty in demographic parameters to predict future 
conditions of the Suwannee alligator snapping turtle units under the 
six different scenarios. We then used the model output to predict the 
probability of extinction and quasi-extinction. Quasi-extinction is 
defined here as the probability that the Suwannee alligator snapping 
turtle population declined to less than 5 percent of the abundance in 
year one of the simulation (e.g., starting abundance).

[[Page 18026]]



  Table 1--Description of Six Future Scenarios Modeled for the Suwannee
 Alligator Snapping Turtle's Single Population; Scenario Names Are Given
                           in Quotation Marks
------------------------------------------------------------------------
                               Conservation absent  Conservation present
------------------------------------------------------------------------
Decreased Threat Magnitude..       ``Decreased       ``Decreased Threats
                                    Threats''                + ''
                              Impact of threats:    Impact of threats:
                               Reduced 25% Spatial   Reduced 25% Spatial
                               extent of threats:    extent of threats:
                               Expert-elicited.      Reduced 25%.
Expert-Elicited Threat          ``Expert-Elicited     ``Expert-Elicited
 Magnitude.                         Threats''            Threats + ''
                              Impact of threats:    Impact of threats:
                               Expert-elicited       Expert-elicited
                               Spatial extent of     Spatial extent of
                               threats: Expert-      threats: Reduced
                               elicited.             25%.
Increased Threat Magnitude..       ``Increased       ``Increased Threats
                                    Threats''                + ''
                              Impact of threats:    Impact of threats:
                               Reduced 25% Spatial   Increased 25%
                               extent of threats:    Spatial extent of
                               Expert-elicited.      threats: Reduced
                                                     25%.
------------------------------------------------------------------------

    Suwannee alligator snapping turtle abundance was predicted to 
decline over the next 50 years in all six scenarios. The single 
population's resiliency measure also declined as abundance declined. 
Given the high uncertainties parameterized in the model, the species 
does not have a high likelihood of extinction in the basin within 50 
years. However, quasi-extinction is very likely to occur in both 
decreased threats scenarios (after an average of 35 to 40 years), very 
likely to occur in both expert-elicited scenarios (after an average of 
28 to 35 years), and virtually certain in both increased threats 
scenarios (after an average of 2 to 30 years). Resiliency continues to 
decline despite conservation action implementation and prohibitions on 
harvest. Representation and redundancy were already inherently low and 
limited, respectively, with a single population representing the 
species with little to no genetic variation or physical barriers to 
movement, and this limited redundancy and low representation did not 
change under any of the scenarios.
    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have not 
only analyzed individual effects on the species, but we have also 
analyzed their potential cumulative effects. We incorporate the 
cumulative effects into our SSA analysis when we characterize the 
current and future condition of the species. To assess the current and 
future condition of the species, we undertake an iterative analysis 
that encompasses and incorporates the threats individually and then 
accumulates and evaluates the effects of all the factors that may be 
influencing the species, including threats and conservation efforts. 
Because the SSA framework considers not just the presence of the 
factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative effects analysis.

Determination of Suwannee Alligator Snapping Turtle Status

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of an endangered species or a 
threatened species. The Act defines an endangered species as a species 
that is ``in danger of extinction throughout all or a significant 
portion of its range,'' and a threatened species as a species that is 
``likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' The Act 
requires that we determine whether a species meets the definition of 
endangered species or threatened species because of any of the 
following factors: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
Overutilization for commercial, recreational, scientific, or 
educational purposes; (C) Disease or predation; (D) The inadequacy of 
existing regulatory mechanisms; or (E) Other natural or manmade factors 
affecting its continued existence.

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the section 4(a)(1) factors, we 
found that the species current condition encompasses a single 
population with an estimated abundance of 2,000 turtles (resiliency) 
distributed across most of its historical range (redundancy), and 
therefore, this species is not currently on the brink of extinction. 
Historical activities that included removal of turtles for consumption 
through recreational and commercial harvest continue to suppress the 
viability of the species despite current harvest prohibitions.
    There are currently about 2,000 individuals distributed throughout 
the entire species' range across southern Georgia and northern Florida 
in the Suwannee River basin (Service 2020, p. 27). Surveys indicate an 
overall declining population trend; however, recruitment is occurring, 
and juvenile to adult ratios are consistent with general predictions 
for long-lived turtles (Folt et al. 2016, p. 29).
    The threats that are acting on the species contribute to a decline 
in the species' viability; however, the species currently occupies much 
of its historical range. Given the species' longevity, the likely 
impacts of existing threats, and the current population size, the 
species is not currently in danger of extinction throughout its range.
    Due to the delayed age of sexual maturity and a generation time of 
about 28 years, the species is slow to recover from historical harvest 
pressures that reduced the species' viability. As the genus was 
recently split, the specific impact of large-scale harvest on Suwannee 
alligator snapping turtles is unknown; however, for Macrochelys 
temminckii, 22 years after M. temminckii commercial harvest ended in 
Georgia, surveys conducted during 2014 and 2015 in Georgia's Flint 
River revealed no significant change in abundance since 1989 (King et 
al. 2016, entire). We expect commercial harvest had a similar impact on 
the Suwannee alligator snapping turtle as it did on the alligator 
snapping turtle. Thus, despite prohibition of legal harvest of the 
Suwannee alligator snapping turtle in Georgia and Florida, the Suwannee 
alligator snapping turtle population will similarly be slow to recover.
    The species has experienced severe depletion in the past when the 
species was heavily harvested, primarily for consumption, prior to 
prohibitions. This past large-scale removal of large, adult turtles 
continues to affect the current demographics because the species has a 
relatively long lifespan, late age to maturity, and low fecundity with 
production of a single clutch every 1-2 years. The current recruitment 
rate has declined because of past commercial

[[Page 18027]]

harvest practices, which caused the large-scale loss of adult females 
that have the highest reproductive potential; however, successful 
reproduction is occurring. The species is not currently in danger of 
extinction due to commercial harvest; however, the species' resiliency 
is lower than it was historically as a result of the loss of 
reproductive females, low juvenile survival, and the species' life-
history traits (long-lived, late age to sexual maturity, low intrinsic 
growth rate). The current estimated population size of 2,000 turtles 
provides sufficient contribution to the species' current viability 
through successful reproduction, albeit at a lower recruitment rate 
than historically, that the species is currently not in danger of 
extinction. Thus, after assessing the best available information, we 
conclude that Suwannee alligator snapping turtle is not currently in 
danger of extinction throughout all of its range, and endangered 
species status is not appropriate.
    When evaluating the future viability of the species, we found that 
the threats currently acting on the species are expected to continue 
across its range into the future, resulting in greater reduction of the 
number and distribution of reproductive individuals. This species is 
highly dependent upon adult female survival to maintain viable 
populations. Existing and ongoing threats affecting adult female 
survival are projected to reduce recruitment to an extent that the 
single population will continue to decline in the foreseeable future. 
While there is uncertainty regarding the rate at which population 
declines will occur, these threats are projected to drive the species 
towards extinction unless reduced.
    The best available information shows that the species' viability is 
expected to decline with the projected quasi-extinction projected to 
occur within the next 50 years (Service 2020, p. 41). Based on modeling 
results, which addressed uncertainty regarding the extent and severity 
of threats, resiliency is expected to decline dramatically under all 
scenarios. Time to quasi-extinction for the population in the models 
was less than 50 years for all scenarios. Regardless of whether the 
projected timeframe to quasi-extinction is fully accurate, the 
projected loss of resiliency across the range of the species will place 
the Suwannee alligator snapping turtle at risk of extinction across all 
of its range due to the inability of this species to effectively 
reproduce and maintain viable populations in the coming decades. Based 
on this information, we determine the appropriate timeframe for 
assessing whether this species is likely to become in danger of 
extinction in the foreseeable future is 50 years. Additional 
information regarding the model and future scenarios is available in 
the SSA Report, Future Conditions section (Service 2020, pp. 38-44).
    Recreational harvest of Macrochelys spp. was prohibited in Georgia 
and Florida, in 1992 and 2009 respectively, and both alligator snapping 
turtle species were listed as threatened under State law in both 
Georgia (1992) and Florida (2018). Nest predation and illegal 
collection are the largest unmitigated threats at this point, although 
these only affect approximately 10 percent and 30 percent of the range 
respectively according to expert elicitation. These threats based on 
the projection of future conditions cause about a 20-year shift in the 
species' resiliency, indicating these factors will act faster on the 
generations in the foreseeable future.
    There are additional environmental stressors within the Suwannee 
basin that include development and future climate change impacts 
(elevated nest temperatures, increased flooding, increased water 
withdrawals, etc.). Development may increase runoff of contaminants and 
erosion contributing to degradation of the water quality and suitable 
aquatic and nesting habitats. These secondary environmental stressors, 
such as disease, insect parasites, and contaminants from urban and 
agricultural runoff, would have compounding impacts that would further 
reduce the likelihood of continued existence of the species in the 
foreseeable future.
    Despite the implementation of the conservation actions described in 
the Regulatory Mechanisms and Conservation Measures sections of this 
proposed rule, the lag in the species' response to historical over-
harvesting indicates other factors may be acting on the species or 
additional conservation actions are needed. The future conditions 
projections, which include three conservation-based scenarios, based on 
the female-only matrix population model indicate a 95 percent decline 
in 50 years and quasi-extinction in approximately 40 years under the 
most optimistic scenario.
    The model includes two conservation actions (release of 30 head-
started juveniles per year or opportunistic release of 12 adults per 
year, each for 10 years). However, captive-rearing and release 
practices, including head-start programs that raise hatchlings through 
the first couple of years prior to release, have yet to be applied to 
Suwannee alligator snapping turtles to augment the species within its 
range. Therefore, given the future projections and threats projected to 
act on the Suwannee alligator snapping turtle, the species is likely to 
become in danger of extinction within the foreseeable future, even when 
considering the most optimistic scenario that includes conservation 
actions.
    Thus, after assessing the best available information, we conclude 
that Suwannee alligator snapping turtle is likely to become in danger 
of extinction in the foreseeable future throughout all of its range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. The court in Center for Biological Diversity v. Everson, 
2020 WL 437289 (D.D.C. Jan. 28, 2020) (Center for Biological 
Diversity), vacated the aspect of the Final Policy on Interpretation of 
the Phrase ``Significant Portion of Its Range'' in the Endangered 
Species Act's Definitions of ``Endangered Species'' and ``Threatened 
Species'' (79 FR 37578; July 1, 2014) that provided that the Service 
does not undertake an analysis of significant portions of a species' 
range if the species warrants listing as threatened throughout all of 
its range. Therefore, we proceed to evaluating whether the species is 
endangered in a significant portion of its range--that is, whether 
there is any portion of the species' range for which both (1) the 
portion is significant; and (2) the species is in danger of extinction 
in that portion. Depending on the case, it might be more efficient for 
us to address the ``significance'' question or the ``status'' question 
first. We can choose to address either question first. Regardless of 
which question we address first, if we reach a negative answer with 
respect to the first question that we address, we do not need to 
evaluate the other question for that portion of the species' range.
    Following the court's holding in Center for Biological Diversity, 
we now consider whether there are any significant portions of the 
species' range where the species is in danger of extinction now (i.e., 
endangered). In undertaking this analysis for Suwannee alligator 
snapping turtle, we choose to address the status question first. We 
consider information pertaining to the geographic distribution of both 
the species and the threats that the species

[[Page 18028]]

faces to identify any portions of the range where the species is 
endangered.
    For Suwannee alligator snapping turtle, we considered whether the 
threats are geographically concentrated in any portion of the species' 
range at a biologically meaningful scale. We examined the following 
threats: Illegal harvest (poaching), bycatch, habitat alteration, nest 
predation, and climate change. We also considered the cumulative 
effects acting on the species with additional stressors such as 
disease, parasites, and contaminants.
    In the current condition analysis, as described in the SSA report, 
expert elicitation values were provided to better understand the 
occurrence of the threats and the collective amount of the species' 
range affected (Service 2020, p. 27). The impact of the threats was 
estimated as a proxy for the magnitude of the threats in terms of the 
amount of the entire species' range affected; these estimates do not 
indicate the spatial distribution of the threats. Rather, they estimate 
the percentages of the total amount of the species' range affected by 
each threat noted. Bycatch from incidental hooking affects 30-75 
percent of the species' range, illegal harvest affects 20-55 percent of 
the species' range, and nest predation affects 5-10 percent of the 
species' range; however, the impact of each threat is spread out and 
not concentrated. Therefore, we found no concentration of threats in 
any portion of the Suwannee alligator snapping turtle's range at a 
biologically meaningful scale. Thus, there are no portions of the 
species' range where the species has a different status from its 
rangewide status. Therefore, no portion of the species' range provides 
a basis for determining that the species is in danger of extinction in 
a significant portion of its range, and we determine that the species 
is likely to become in danger of extinction within the foreseeable 
future throughout all of its range. This finding is consistent with the 
courts' holdings in Desert Survivors v. Department of the Interior, No. 
16-cv-01165-JCS, 2018 WL 4053447 (N.D. Cal. Aug. 24, 2018), and Center 
for Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959 (D. Ariz. 
2017).

Determination of Status

    Our review of the best scientific and commercial data available 
indicates that the Suwannee alligator snapping turtle meets the 
definition of a threatened species. Therefore, we propose to list the 
Suwannee alligator snapping turtle as a threatened species in 
accordance with sections 3(20) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies and 
the prohibitions against certain activities are discussed, in part, 
below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
goal of such conservation efforts is the recovery of these listed 
species, so that they no longer need the protective measures of the 
Act. Subsection 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning consists of preparing draft and final recovery 
plans, beginning with the development of a recovery outline and making 
it available to the public within 30 days of a final listing 
determination. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. The plan may be revised to address continuing 
or new threats to the species as new substantive information becomes 
available. The recovery plan also identifies recovery criteria for 
review of when a species may be ready for reclassification from 
endangered to threatened (``downlisting'') or removal from protected 
status (``delisting''), and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan for Suwannee alligator snapping turtle will be available 
on our website (http://www.fws.gov/endangered), or from our Panama City 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, 
protective regulations, adjustments to fishing techniques to reduce 
bycatch, captive propagation and reintroduction, and outreach and 
education. The recovery of many listed species cannot be accomplished 
solely on Federal lands because their range may occur primarily or 
solely on non-Federal lands. Achieving recovery of these species 
requires cooperative conservation efforts on private, State, and Tribal 
lands.
    If Suwannee alligator snapping turtle is listed, funding for 
recovery actions will be available from a variety of sources, including 
Federal budgets, State programs, and cost share grants for non-Federal 
landowners, the academic community, and nongovernmental organizations. 
In addition, pursuant to section 6 of the Act, the States of Florida 
and Georgia would be eligible for Federal funds to implement management 
actions that promote the protection or recovery of the Suwannee 
alligator snapping turtle. Information on our grant programs that are 
available to aid species recovery can be found at: http://www.fws.gov/grants.
    Although the Suwannee alligator snapping turtle is only proposed 
for listing under the Act at this time, please let us know if you are 
interested in participating in recovery efforts for the species. 
Additionally, we invite you to submit any new information on the 
species whenever it becomes available and any information you may have 
for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to

[[Page 18029]]

jeopardize the continued existence of a species proposed for listing or 
result in destruction or adverse modification of proposed critical 
habitat. If a species is listed subsequently, section 7(a)(2) of the 
Act requires Federal agencies to ensure that activities they authorize, 
fund, or carry out are not likely to jeopardize the continued existence 
of the species or destroy or adversely modify its critical habitat. If 
a Federal action may affect a listed species or its critical habitat, 
the responsible Federal agency must enter into consultation with the 
Service.
    Federal agency actions within the species' habitat that may require 
conference or consultation or both as described in the preceding 
paragraph may include but are not limited to management and any other 
landscape-altering activities on Federal lands administered by the U.S. 
Fish and Wildlife Service, U.S. Forest Service, and Department of 
Defense (Moody Air Force Base); issuance of section 404 Clean Water Act 
permits by the U.S. Army Corps of Engineers; construction and 
maintenance of roads or highways by the Federal Highway Administration; 
and dams that produce hydropower by the Federal Energy Regulatory 
Commission.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of the 
species proposed for listing. The discussion below regarding protective 
regulations under section 4(d) complies with our policy.

II. Proposed Rule Issued Under Section 4(d) of the Act

Background

    Section 4(d) of the Act contains two sentences. The first sentence 
states in part that the Secretary shall issue such regulations as he 
deems necessary and advisable to provide for the conservation of 
species listed as threatened. The U.S. Supreme Court has noted that 
statutory language like ``necessary and advisable'' demonstrates a 
large degree of deference to the agency (see Webster v. Doe, 486 U.S. 
592 (1988)). Conservation is defined in the Act to mean the use of all 
methods and procedures which are necessary to bring any endangered 
species or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Additionally, the 
second sentence of section 4(d) of the Act states in part that the 
Secretary may by regulation prohibit with respect to any threatened 
species any act prohibited under section 9(a)(1), in the case of fish 
or wildlife, or section 9(a)(2), in the case of plants. Thus, the 
combination of the two sentences of section 4(d) provides the Secretary 
with wide latitude of discretion to select and promulgate appropriate 
regulations tailored to the specific conservation needs of the 
threatened species. The second sentence grants particularly broad 
discretion to the Service when adopting the prohibitions under section 
9.
    The courts have recognized the extent of the Secretary's discretion 
under this standard to develop rules that are appropriate for the 
conservation of a species. For example, courts have upheld rules 
developed under section 4(d) as a valid exercise of agency authority 
where they prohibited take of threatened wildlife or include a limited 
taking prohibition (see Alsea Valley Alliance v. Lautenbacher, 2007 
U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council 
v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D. 
Wash. 2002)). Courts have also upheld 4(d) rules that do not address 
all of the threats a species faces (see State of Louisiana v. Verity, 
853 F.2d 322 (5th Cir. 1988)). As noted in the legislative history when 
the Act was initially enacted, ``once an animal is on the threatened 
list, the Secretary has an almost infinite number of options available 
to him with regard to the permitted activities for those species. He 
may, for example, permit taking, but not importation of such species, 
or he may choose to forbid both taking and importation but allow the 
transportation of such species'' (H.R. Rep. No. 412, 93rd Cong., 1st 
Sess. 1973).
    Exercising this authority under section 4(d), we have developed a 
proposed rule that is designed to address the Suwannee alligator 
snapping turtle's specific threats and conservation needs. Although the 
statute does not require us to make a ``necessary and advisable'' 
finding with respect to the adoption of specific prohibitions under 
section 9, we find that this proposed rule as a whole satisfies the 
requirement in section 4(d) of the Act to issue regulations deemed 
necessary and advisable to provide for the conservation of the Suwannee 
alligator snapping turtle. As discussed under Summary of Biological 
Status and Threats, we have concluded that the Suwannee alligator 
snapping turtle is likely to become in danger of extinction within the 
foreseeable future primarily due to include illegal harvest (poaching), 
nest predation, habitat alteration, and hook ingestion and entanglement 
due to bycatch associated with recreational fishing of some species of 
freshwater fish.
    The provisions of this proposed 4(d) rule would promote 
conservation of the Suwannee alligator snapping turtle by discouraging 
illegal harvest by prohibiting take and implementing use of best 
management practices for activities in freshwater wetlands and riparian 
areas to minimize habitat alteration to the maximum extent practicable. 
The provisions of this proposed rule include some of the many tools 
that we would use to promote the conservation of Suwannee alligator 
snapping turtle. This proposed 4(d) rule would apply only if and when 
we make final the listing of Suwannee alligator snapping turtle as a 
threatened species. For purposes of this proposed rule, a captive 
Suwannee alligator snapping turtle, whether alive or dead, and any part 
or product, includes only those in captivity at the time of the listing 
or any turtle that is hatched in captivity.

Provisions of the Proposed 4(d) Rule

    Based on the provisions of this 4(d) rule, which provide for the 
conservation of the species, the following actions would be prohibited 
across the range of the species: Importing or exporting wild-caught 
individuals; take (as set forth at 50 CFR 17.21(c)(1) with exceptions 
as discussed below); possession, sale, delivery, carrying, 
transporting, or shipping of unlawfully taken specimens from any 
source; delivering, receiving, transporting, or shipping wild-caught 
individuals in interstate or foreign commerce in the course of 
commercial activity; and selling or offering for sale wild-caught or 
farm brood stock individuals in interstate or foreign commerce. We also 
include several exceptions to these prohibitions, which along with the 
prohibitions are set forth under Proposed Regulation Promulgation, 
below.
    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 been further defined in 
regulation at 50 CFR 17.3. Take can result knowingly or otherwise, by 
direct and indirect impacts, intentionally or incidentally. This 
proposed 4(d) rule would provide for the conservation of Suwannee 
alligator snapping turtle by prohibiting intentional and incidental 
take, except

[[Page 18030]]

as otherwise authorized or permitted. Prohibiting take of the species 
resulting from activities, including, but not limited to: Illegal 
harvest (poaching), hook ingestions and entanglement due to bycatch 
associated with irresponsible commercial and recreational fishing of 
some species of freshwater fish (particularly as a result of unlawful 
activities and/or abandonment of equipment), and habitat alteration, 
will provide for the conservation of the species. The inadequacy of 
regulatory mechanisms also influences the viability of the species. 
Regulating these activities under a 4(d) rule would prevent continued 
declines in population abundance and decrease synergistic, negative 
effects from other threats; this regulatory approach will provide for 
the conservation of the species by improving resiliency of the single 
population.

Prohibitions

    Due to the life-history characteristics of Suwannee alligator 
snapping turtle, specifically delayed maturity, long generation times, 
and relatively low reproductive output, this species cannot sustain 
significant collection from the wild, especially of adult females (Reed 
et al. 2002, pp. 8-12). An adult female harvest rate of more than 2 
percent per year is considered unsustainable, and harvest of this 
magnitude or greater will result in significant local population 
declines (Reed et al. 2002, p. 9). Although both Florida and Georgia 
prohibit commercial and recreational harvest of Suwannee alligator 
snapping turtles, due to the species' demography, the overall 
population has not recovered from prior extensive loss of individuals 
due to past over-exploitation. Other protection and conservation 
measures vary between States.
    Habitat alteration is also a concern for the Suwannee alligator 
snapping turtle, as the species is endemic to the Suwannee River basin 
and its river ecosystems, including tributary waterbodies and 
associated wetland habitats (e.g., swamps, lakes, reservoirs, etc.), 
where structure (e.g., tree root masses, stumps, submerged trees, etc.) 
and a high percentage of canopy cover is more often selected over open 
water (Howey and Dinkelacker 2009, p. 589). Suwannee alligator snapping 
turtles spend the majority of their time in aquatic habitat; overland 
movements are generally restricted to nesting females and juveniles 
moving from the nest to water (Reed at al. 2002, p. 5). The primary 
causes for habitat alteration include actions that change hydrologic 
conditions to the extent that dispersal and genetic interchange are 
impeded.
    Some examples of activities that may alter the habitat include 
dredging, deadhead logging, clearing and snagging, removal of riparian 
cover, channelization, in-stream activities that result in stream bank 
erosion and siltation (e.g., stream crossings, bridge replacements, 
flood control structures, etc.), and changes in land use within the 
riparian zone of waterbodies (e.g., clearing land for agriculture). 
Deadhead logs and fallen riparian woody debris provide refugia during 
low-water periods (Enge et al. 2014, p. 40), resting areas for all life 
stages (Ewert et al. 2006, p. 62), and important feeding areas for 
hatchlings and juveniles. The species' habitat needs concentrate around 
a freshwater ecosystem that supplies both shallower water for 
hatchlings and juveniles and deeper water for adults, with associated 
forested habitat that is free from inundation for nesting and provides 
structure within the waterbody.
    Based on the provisions of this proposed 4(d) rule, the following 
actions would be prohibited across the range of the species: Importing 
or exporting wild-caught individuals; take (as set forth at 50 CFR 
17.21(c)(1) with exceptions); possession, sale, delivery, carrying, 
transporting, or shipping of unlawfully taken specimens from any 
source; delivering, receiving, transporting, or shipping wild-caught 
individuals in interstate or foreign commerce in the course of 
commercial activity; and selling or offering for sale wild-caught or 
first generation progeny of wild-caught individuals (currently in 
captivity) in interstate or foreign commerce.

Exceptions to the Prohibitions

    We are proposing several exceptions to the prohibitions: Take 
incidental to any otherwise lawful activity caused by Federal and State 
captive breeding programs to support conservation efforts for wild 
populations with permitted, brood stock; construction, operation, and 
maintenance activities; pesticide and herbicide use; and silviculture 
practices and forestry activities that implement industry and/or State-
approved best management practices accordingly; and maintenance 
dredging that affects previously disturbed portions of the maintained 
channel..
    Captive Breeding for Conservation--The Service recognizes that 
captive breeding could provide an avenue for species conservation 
(i.e., captive rearing, head-starting, and reintroductions) by 
supplementing depleted populations. This includes head-starting 
programs, where turtles are bred and raised beyond the hatchling phase 
to improve survival, then released into the wild. Captive rearing for 
the purposes of head-starting hatchlings to release back into the wild 
can help mitigate losses from nest predation and parasitic insects, as 
well as provide individuals for reintroduction into areas with depleted 
turtle numbers. Such activities can help bolster population numbers by 
improving overall juvenile survival and may also increase genetic 
diversity. When brood stock is legally acquired and permitted, with 
proper pedigree management and disease surveillance, Federal and State 
agencies can implement head-start programs without putting undue stress 
on the wild population.
    All captive production programs for the purpose of reintroducing 
Suwannee alligator snapping turtles to the wild must also develop a 
Captive Propagation Plan in accordance with the Service's Captive 
Propagation Policy (65 FR 56916, September 20, 2000). In addition, 
captive breeding for conservation purposes should apply kinship-based 
pedigree management to avoid consequences of inbreeding or 
inadvertently introducing turtles with deleterious alleles into the 
wild population. Thus, incidental take associated with Federal and 
State captive-breeding programs to support conservation efforts for 
wild populations (i.e., head-starting) would be excepted from the 
prohibitions when conducted using permitted brood stock and following 
approved turtle husbandry practices in accordance with State 
regulations and U.S. Fish and Wildlife Service policy
    Best Management Practices for Implementing Actions That Occur Near- 
or In-Stream--Implementing best management practices to avoid and/or 
minimize the effects of habitat alterations in areas that support 
Suwannee alligator snapping turtles would provide additional measures 
for conserving the species by reducing direct and indirect effects to 
the species. We considered that certain construction, forestry, and 
pesticide/herbicide management activities that occur near- and in-
stream may result in removal of riparian cover or forested habitat, 
changes in land use within the riparian zone, or stream bank erosion 
and/or siltation. These actions and activities may have some minimal 
level of take of the Suwannee alligator snapping turtle, but any such 
take is expected to be rare and insignificant and is not expected to 
negatively impact the species' conservation and recovery efforts. 
Rather, we expect they would have a net beneficial effect on the 
species.

[[Page 18031]]

Construction, operation, and maintenance activities such as 
installation of stream crossings, replacement of existing in-stream 
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 State-approved standard best management 
practices will have minimal impacts to Suwannee alligator snapping 
turtles and their habitat. In addition, silviculture practices and 
forestry management activities that follow State-approved best 
management practices to protect water and sediment quality and stream 
and riparian habitat will not impair the species' conservation. Lastly, 
invasive species removal activities, particularly through pesticide and 
herbicide application, are considered beneficial to the native 
ecosystem and are likely to improve habitat conditions for the species; 
therefore, pesticide and herbicide application that follow the chemical 
label and appropriate application rates would not impair the species' 
conservation. These activities should have minimal impacts to Suwannee 
alligator snapping turtles if industry and/or State-approved best 
management practices are implemented. These activities and management 
practices should be carried out in accordance with any existing 
regulations, permit and label requirements, and best management 
practices to avoid or minimize impacts to the species and its habitat.
    Thus, under this proposed 4(d) rule, incidental take associated 
with the following activities are excepted:
    (1) Construction, operation, and maintenance activities that occur 
near- and in-stream, such as installation of stream crossings, 
replacement of existing in-stream 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,
    (2) Pesticide and herbicide application that follow the chemical 
label and appropriate application rates, and,
    (3) Silviculture practices and forest management activities that 
use State-approved best management practices to protect water and 
sediment quality and stream and riparian habitat.
    Maintenance Dredging of Navigable Waterways--We considered that 
maintenance dredging activities generally disturb the same area of the 
waterbody in each cycle; thus, there is less likelihood that suitable 
turtle habitat (e.g., submerged logs, cover, etc.) occurs in the 
maintained portion of the channel. Accordingly, incidental take 
associated with maintenance dredging activities that occur within the 
previously disturbed portion of the navigable waterway is excepted from 
the prohibitions as long as they do not encroach upon suitable turtle 
habitat outside the maintained portion of the channel and provide for 
the conservation of the species.
    Tribal employees--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, may take alligator snapping turtle 
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 must be reported to the local Service field office within 
72 hours, and specimens may be disposed of only in accordance with 
directions from the Service.
    State-licensed wildlife rehabilitation facilities--When acting in 
the course of their official duties, State licensed wildlife 
rehabilitation facilities may take alligator snapping turtle for the 
purpose of aiding or euthanizing sick or injured alligator snapping 
turtles. Such take must be reported to the local Service field office 
within 72 hours, and specimens may be retained and disposed of only in 
accordance with directions from the Service.
    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: 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. There are also certain 
statutory 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 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 6(c) 
of the Act, who is designated by his or her agency for such purposes, 
would be able to conduct activities designed to conserve Suwannee 
alligator snapping turtle that may result in otherwise prohibited take 
without additional authorization.
    We are also considering an exception for incidental take of the 
Suwannee alligator snapping turtle associated with bycatch from 
otherwise lawful recreational and commercial fishing. We note that 
Suwannee 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' life-history traits. However, 
there is limited information on the magnitude, 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 Suwannee 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 4(d) rule excepting incidental take 
associated with legal recreational or commercial fishing activities for 
other targeted species, in compliance with State regulations, if such 
an exception is appropriate in light of comments and new information 
received. Also, in order to better understand threats associated with 
bycatch related to otherwise lawful fishing, we are considering adding 
a provision to the 4(d) rule that will require all injured or dead 
Suwannee alligator snapping turtles resulting from bycatch from 
recreational or commercial fishing (for

[[Page 18032]]

other targeted species) in accordance with State regulations be 
reported to the Service within 72 hours. We specifically request 
comments on these provisions we are considering.
    Future conservation efforts may be appropriate 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, especially the 
commercial and recreational fishing communities, to design 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.
    Nothing in this proposed 4(d) rule would change in any way the 
recovery planning provisions of section 4(f) 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 Suwannee 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 and other interested stakeholders that may be affected by the 
proposed 4(d) 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 4(d) 
rule (see Information Requested, above).
    Since we are proposing a threatened status for the Suwannee 
alligator snapping turtle and this proposed rule outlines the 
protections in section 9(a)(1) of the Act that we are extending to this 
species pursuant to section 4(d), we are identifying those activities 
that would or would not constitute a violation of either section 
9(a)(1), and accordingly, this proposed 4(d) rule. Based on the best 
available information, at this time, the excepted activities as 
discussed above would not be considered to result in a violation this 
4(d) rule. On the other hand, based on the best available information, 
if this proposed rule is adopted, the following actions may potentially 
result in a violation this rule:
    (1) Unauthorized handling, collecting, possessing, selling, 
delivering, carrying, or transporting of the Suwannee alligator 
snapping turtle, including interstate transportation across State lines 
and import or export across international boundaries.
    (2) Unreported incidents of dead or injured turtles from bycatch 
associated with commercial or recreational fishing in accordance with 
State regulations; or bycatch due to fishing activities not in 
accordance with State regulations.
    (3) Non-release of incidentally hooked or entangled turtles from 
commercial or recreational fishing gear, considering human safety 
concerns;
    (4) Destruction/alteration of the species' habitat by removing 
deadhead logs or changing the hydrology of an occupied waterbody not in 
according to local, State, or Federal regulations or relevant best 
management practices; and
    (5) Discharge of chemicals or fill material into any waters in 
which Suwannee alligator snapping turtle is known to occur.
    Questions regarding whether specific activities would constitute a 
violation of this rule should be directed to the Panama City Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT).

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 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. 106-554; 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 4(a)(3) 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 424.12(a)(1)) 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 7(a)(2) of the Act;
    (iii) Areas within the jurisdiction of the United States provide no 
more than negligible conservation value, if any, for

[[Page 18033]]

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.

Increased Degree of Threat to the Suwannee Alligator Snapping Turtle

    After evaluating the status of the species and considering the 
threats acting on the species, we find the designation of critical 
habitat would not be prudent for Suwannee alligator snapping turtle 
because 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. Many species of aquatic turtles, 
including alligator snapping turtle species, are collected for the pet 
trade and personal consumption in the United States and 
internationally.
    The Suwannee 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. Prior to 2006, up to 23,780 M. temminckii per year 
were exported from the United States (70 FR 74700, December 16, 2005). 
Harvest and trade of mature, breeding adults can rapidly become 
unsustainable because of the species' life history and reproductive 
strategy. When recreational and commercial harvest were both allowed 
for Suwannee alligator snapping turtles, the over-exploitation over 
several decades severely depleted many local subpopulations and altered 
the demographic structure (70 FR 74701, December 16, 2005).
    Designation of critical habitat requires the publication of maps 
and a narrative description of specific critical habitat areas in the 
Federal Register. We are concerned that designation of critical habitat 
would more widely announce the exact locations of Suwannee alligator 
snapping turtles and their highly suitable habitat that may facilitate 
poaching and contribute to further declines of the species' viability. 
Moreover, as species become rarer and more difficult to obtain, the 
monetary value increases, thus driving increased collection pressure on 
remaining wild individuals. We anticipate that listing Suwannee 
alligator snapping turtle under the Act may promote further interest in 
black market sales of the turtles and increase the likelihood that 
Suwannee alligator snapping turtles will be sought out for turtle meat 
consumption and also for the pet trade as demand rises. The removal of 
the species by taking is expected to increase if we identify critical 
habitat; thus, we find that designation of critical habitat for 
Suwannee alligator snapping turtle is not prudent.

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.

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 listing a species as an endangered or 
threatened species under 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).

Government-to-Government Relationship With Tribes

    In accordance with the President's 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 
Interior's 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 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 Suwannee 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 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-to-
government basis as necessary.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at http://www.regulations.gov in Docket No. FWS-R4-ES-
2021-0007 and upon request from the Panama City Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Service's Species Assessment Team and the Panama City Ecological 
Services Field Office.

List of Subjects in 50 CFR Part 17

    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 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. In Sec.  17.11(h), add an entry for ``Turtle, Suwannee alligator 
snapping''

[[Page 18034]]

to the List of Endangered and Threatened Wildlife in alphabetical order 
under Reptiles to read as set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name              Scientific name      Where listed         Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
            Reptiles
 
                                                  * * * * * * *
Turtle, Suwannee alligator        Macrochelys         Wherever found....  T              [Federal Register
 snapping.                         suwanniensis.                                          CITATION OF THE FINAL
                                                                                          RULE]; 50 CFR
                                                                                          17.42(k). \4d\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  17.42 by adding paragraph (k) to read as set forth 
below:


Sec.  17.42   Special rules--reptiles.

* * * * *
    (k) Suwannee alligator snapping turtle (Macrochelys suwanniensis)--
(1) Prohibitions. The following prohibitions that apply to endangered 
wildlife also apply to Suwannee alligator snapping turtle. Except as 
provided under paragraph (k)(2) of this section and Sec. Sec.  17.4 and 
17.5, it is unlawful for any person subject to the jurisdiction of the 
United States to commit, to attempt 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 Sec.  17.21(b) for endangered 
wildlife.
    (ii) Take, as set forth at Sec.  17.21(c)(1) for endangered 
wildlife.
    (iii) Possession and other acts with unlawfully taken specimens, as 
set forth at Sec.  17.21(d)(1) for endangered wildlife.
    (iv) Interstate or foreign commerce in the course of commercial 
activity, as set forth at Sec.  17.21(e) for endangered wildlife.
    (v) Sale or offer for sale, as set forth at Sec.  17.21(f) for 
endangered wildlife.
    (2) Exceptions from prohibitions. In regard to this species, you 
may:
    (i) Conduct activities as authorized by a permit under Sec.  17.32.
    (ii) Take, as set forth at Sec.  17.21(c)(2) through (4) for 
endangered wildlife.
    (iii) Take as set forth at Sec.  17.31(b).
    (iv) Possess and engage in other acts with unlawfully taken 
wildlife, as set forth at Sec.  17.21(d)(2) for endangered wildlife.
    (v) Take incidental to an otherwise lawful activity caused by:
    (A) 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 State 
regulations and U.S. Fish and Wildlife Service policy.
    (B) Construction, operation, and maintenance activities that occur 
near- and in-stream, such as installation of stream crossings, 
replacement of existing in-stream 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.
    (C) Pesticide and herbicide application that follow the chemical 
label and appropriate application rates.
    (D) Silviculture practices and forest management activities that 
use State-approved best management practices to protect water and 
sediment quality and stream and riparian habitat.
    (E) Maintenance dredging activities that remain in the previously 
disturbed portion of the maintained channel.
    (vi) When acting in the course of their official duties, Tribal 
employees designated by the Tribe for such purposes may take Suwannee 
alligator snapping turtle for the following purposes:
    (A) Aiding or euthanizing sick or injured Suwannee alligator 
snapping turtles;
    (B) Disposing of a dead specimen; and
    (C) Salvaging a dead specimen that may be used for scientific 
study. Such take must be reported to the local Service field office 
within 72 hours, and specimens may be disposed of only in accordance 
with directions from the Service.
    (vii) State-licensed wildlife rehabilitation facilities, when 
acting in the course of their official duties, may take Suwannee 
alligator snapping turtle for the purpose of aiding or euthanizing sick 
or injured Suwannee alligator snapping turtles. Such take must be 
reported to the local Service field office within 72 hours and 
specimens may be retained and disposed of only in accordance with 
directions from the Service.

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-06946 Filed 4-6-21; 8:45 am]
BILLING CODE 4333-15-P