[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;
Jay_Herrington@fws.gov, 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