Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations 11297

Date certain Fed- Community Effective date authorization/cancellation of sale of Current effective eral assistance no State and location No. flood insurance in community map date longer available in SFHAs

Escambia County, Unincorporated Areas ...... 010251 March 31, 1998, Emerg; September 28, 2007, Reg; ...... do * ...... Do. March 6, 2020, Susp. *-do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: February 18, 2020. address above; telephone 337–291– community with an adequate amount of Eric Letvin, 3113. Persons who use a forbs (non-grass herbaceous vegetation) Deputy Assistant Administrator for telecommunications device for the deaf that provide forage for the pocket Mitigation, Federal Insurance and Mitigation (TDD) may call the Federal Relay gopher. Louisiana pinesnakes and Administration—FEMA Resilience, Service at 800–877–8339. pocket gophers are highly associated Department of Homeland Security, Federal SUPPLEMENTARY INFORMATION: (Ealy et al. 2004, p. 389) and occur Emergency Management Agency. together in areas with herbaceous [FR Doc. 2020–03600 Filed 2–26–20; 8:45 am] Previous Federal Actions vegetation, a nonexistent or sparse BILLING CODE 9110–12–P On October 6, 2016, the Service, midstory, and a low pine basal area under the authority of the Endangered (Rudolph and Burgdorf 1997, p. 117; Species Act, as amended (‘‘Act’’ or Himes et al. 2006, pp. 110, 112; Wagner DEPARTMENT OF THE INTERIOR ‘‘ESA’’; 16 U.S.C. 1531 et seq.), et al. 2017, p. 22). In a Louisiana forest published in the Federal Register a system managed according to guidelines Fish and Wildlife Service proposed rule to add the Louisiana for red-cockaded woodpecker (Picoides pinesnake (Pituophis ruthveni), a reptile borealis) habitat, pocket gopher 50 CFR Part 17 from Louisiana and Texas, as a selection of habitat increased with increasing forb cover and decreased [Docket No. FWS–R4–ES–2018–0010; threatened species to the List of 4500030113] Endangered and Threatened Wildlife with increasing midstory stem density (81 FR 69454). This List is found in title and midstory pine basal area (Wagner et RIN 1018–BD06 50 of the Code of Federal Regulations in al. 2017, p. 11). Few (less than 25 part 17 (50 CFR 17.11(h)). The final percent) sites used by pocket gophers Endangered and Threatened Wildlife listing rule published on April 6, 2018 had less than 18 percent coverage by and Plants; Section 4(d) Rule for (83 FR 14958), and on that same day, we forbs alone (Wagner et al. 2017, p. 22). Louisiana Pinesnake proposed a rule under section 4(d) of Use by pocket gophers is also inhibited by increased midstory stem density and AGENCY: Fish and Wildlife Service, the Act for the Louisiana pinesnake (83 Interior. FR 14836). Please refer to those midstory pine basal area even when rulemaking documents for a detailed herbaceous vegetation is present ACTION: Final rule. description of previous Federal actions (Wagner et al. 2017, pp. 20, 22, 25). SUMMARY: We, the U.S. Fish and concerning this species. Pocket gophers use areas with higher densities of trees much less frequently Wildlife Service (Service), adopt a rule Background under section 4(d) of the Endangered than areas with fewer stems, Species Act for the Louisiana pinesnake The primary habitat feature that presumably because of greater root (Pituophis ruthveni), a reptile that is contributes to the conservation of the mass, which reduces burrowing listed under the statute as threatened. Louisiana pinesnake is open-canopy efficiency (Wagner et al. 2017, pp. 11, This rule will provide measures to forest situated on well-drained sandy 22). protect the species, which is from soils with an abundant herbaceous plant One of the main causes of the Louisiana and Texas. community that provides forage for the degradation of this habitat is the decline Baird’s pocket gopher (Geomys in or absence of fire. Fire was the DATES: This rule is effective March 30, breviceps), which is the snake’s primary primary source of historical disturbance 2020. known source of food. In addition, and maintenance, and prescribed fire ADDRESSES: This final rule is available Baird’s pocket gopher burrows are the reduces midstory and understory on the internet at http:// primary known source of shelter for the hardwoods and promotes abundant www.regulations.gov in docket number Louisiana pinesnake. As discussed in herbaceous groundcover in the natural FWS–R4–ES–2018–0010 and at https:// the proposed listing rule, one of the communities of the longleaf-dominant www.fws.gov/lafayette/. Comments and primary threats to the Louisiana pine ecosystem where the Louisiana materials we received, as well as pinesnake is the continuing loss and pinesnake most often occurs. In the supporting documentation we used in degradation of the open pine forest absence of regularly recurring, preparing this rule, are available for habitat that supports the Baird’s pocket unsuppressed fires, open pine forest public inspection at http:// gopher. In the types of sandy soil in habitat requires active management www.regulations.gov and will be which the Louisiana pinesnake and activities essentially the same as those available by appointment, during pocket gopher are found (Wagner et al. required to produce and maintain red- normal business hours at: U.S. Fish and 2014, p. 152 ; Duran 2010, p. 11; Davis cockaded woodpecker foraging habitat. Wildlife Service, Louisiana Ecological et al. 1938, p. 414), the pocket gopher Those activities, such as thinning, Services Office, 200 Dulles Drive, creates burrows at an average depth of prescribed burning, reforestation and Lafayette, LA 70506; 337–291–3100. about 18 centimeters (cm) (7 inches (in)) afforestation, midstory woody FOR FURTHER INFORMATION CONTACT: (Wagner et al. 2015, p. 54). vegetation control, herbaceous Joseph Ranson, Field Supervisor, U.S. One of the primary features of suitable vegetation (especially forbs) Fish and Wildlife Service, Louisiana pocket gopher habitat is a diverse enhancement, and harvest (particularly Ecological Services Office, at the herbaceous (non-woody) plant in stands that require substantial

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improvement) are necessary to maintain ground disturbance that can directly adopts are necessary or advisable for the or restore forests to the conditions that harm or kill Louisiana pinesnakes conservation of the Louisiana are suitable (as described in the inhabiting pocket gopher burrows, or pinesnake. The Secretary is also not preceding paragraph) for pocket gophers inhibit the persistence of suitable pocket obligated to make a finding that and Louisiana pinesnakes. gopher and Louisiana pinesnake habitat, adoption of a prohibition against Establishment and management of as described above, they would be incidental take under section 9(a)(1) that open pine forests beneficial to the subject to the section 9 take prohibitions contains exceptions, or that applies to Louisiana pinesnake has been occurring in certain occupied habitat areas, only some categories of incidental take, on some privately owned land in specifically areas known as Louisiana is in the overall public interest. The Louisiana and Texas. Additionally, pinesnake EOHAs (for estimated Secretary can invoke the general throughout the range of the Louisiana occupied habitat areas). These areas provisions under section 9(a)(1) or in 50 pinesnake, Federal and State agencies have recorded occurrences of Louisiana CFR 17.21, or set prohibitions less or have developed conservation efforts, pinesnakes, and they are considered by more restrictive than the general which have provided a conservation the Service to be occupied by the provisions under section 9(a)(1) or 50 benefit to the species. Increased efforts, species (see the proposed listing rule). CFR 17.21. however, are necessary on both public This regulation would also apply to any For this final 4(d) rule, the Secretary and private lands to address continued EOHAs that are identified in the future, has used his discretion to apply the habitat loss, degradation, and because activities in such areas could be general prohibitions in 50 CFR 17.21, fragmentation, one of the species’ detrimental to maintenance and with exceptions identified in the 4(d) primary threats across its entire range, development of suitable habitat rule itself, because these provisions and it is the intent of this final rule to conditions critical to this species and provide for the conservation of the encourage these increased efforts. are more likely to affect the Louisiana Louisiana pinesnake. The exceptions to In the proposed listing rule (81 FR pinesnake directly. the prohibitions that we have included 69454, October 6, 2016), we solicited in this final 4(d) rule consider the public comments as to which Summary of Comments and overall public interest in the importance prohibitions, and exceptions to those Recommendations of maintaining land in forest use as prohibitions, are necessary and (1) Comment: Several commenters well. Exceptions from incidental take advisable to provide for the encouraged the Service not to restrict its prohibitions for game animal food plots, conservation of the Louisiana broad discretion in designing the 4(d) maintenance of roads, and adherence to pinesnake. During the public comment rule through limiting language in the forestry best management practices periods on the proposed listing rule (81 rule’s preamble, because the Service has (BMPs), for instance, do not directly FR 69454, October 6, 2016; 82 FR 46748, the discretion to regulate take address the threats to the Louisiana October 6, 2017), we received comments independently of whether doing so will pinesnake, but they do promote the expressing concern that when the promote conservation. The commenters continuation of forest land use. On the species is listed under the Act, certain suggest that the Service’s decision to other hand, we have determined that beneficial forest management activities allow incidental take of a threatened activities that do not provide any on private land could be considered species should be flexible enough to conservation benefit, but could result in takings in violation of section 9(a)(1) of maximize the agency’s discretion to incidental take of the Louisiana the Act or its implementing regulations, consider both the conservation of the pinesnake, would materially detract and would thus be regulated. Louisiana pinesnake and the overall from the species’ conservation, and, The Service intends to strongly public interest regarding the importance therefore, those activities will be subject encourage the continuation and of maintaining land in forest use within to the incidental take prohibitions in the increased implementation of forest the broader context of the multiple final 4(d) rule. management activities—thinning, benefits that those forests provide. The (2) Comment: The Louisiana prescribed fire, and mid- and understory commenters recommend that if the Department of Wildlife and Fisheries woody vegetation control in particular— Service chooses to retain a (LDWF) expressed concern that the that promote open-canopy forest and ‘‘conservation’’ reference in the rule’s cooperative agreement between the herbaceous vegetation growth, which preamble, the language should be Service and LDWF, which allows any are beneficial to the Louisiana revised to clarify whether incidental employee or agent of LDWF when acting pinesnake. In recognition of efforts that take authorized under the 4(d) rule will in the course of his/her official duties to provide for conservation and be allowed where it does not materially take a threatened species to carry out management of the Louisiana pinesnake detract from the species’ conservation. conservation programs, would no longer and its habitat in a manner consistent Our response: Under section 4(d) of remain in effect due to the 4(d) rule. The with the purposes of the Act, as the Act, the Secretary may issue commenter requested an exemption be discussed in more detail below, we are regulations that he deems necessary and made to allow the cooperative now finalizing a rule under section 4(d) advisable to provide for the agreement to remain in effect in order of the Act that prohibits take of the conservation of threatened species. Also for LDWF to provide conservation species except for take that results from under section 4(d) (specifically, the programs for the Louisiana pinesnake. actions providing for conservation and second sentence), the Secretary may, Our response: We received this management of the Louisiana with respect to any threatened species comment as well as others below asking pinesnake. Information about section of fish or wildlife, prohibit by regulation for exemptions from prohibitions. 4(d) of the Act is set forth below in any act that is prohibited under section Throughout this 4(d) rule, we will refer Provisions of Section 4(d) of the Act. 9(a)(1) of the Act for endangered to these as ‘‘exceptions’’ to the Our goal is to strongly encourage wildlife, without necessarily making a prohibitions and not exemptions. In this continuation and increased finding that each prohibition or final 4(d) rule, we have chosen to apply implementation of these beneficial exception is necessary or advisable. We to the Louisiana pinesnake the practices. Nevertheless, if activities are not obligated to make a finding that prohibitions and provisions of 50 CFR (with exceptions noted in the 4(d) rule the specific contours of the prohibitions 17.21, 17.31(b), and 17.32, with the provisions) could cause subsurface under section 9(a)(1) that the Service exception of specific activities and

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conditions. In doing so, the provisions activities. While most BMPs are not Louisiana pinesnake and should not be of 50 CFR 17.31(b) remain applicable, designed to directly protect or benefit subject to the prohibitions in the 4(d) which is the authority for the the Louisiana pinesnake, we agree that rule. Some of the activities that cooperative agreement referenced in the conservation measures with small commenters requested not be subject to comment. Accordingly, no special footprints, such as water bars, wing the prohibitions in the 4(d) rule were exemption is necessary for State ditches, etc., for existing roads that excepted from the proposed agencies such as the LDWF or Texas prevent sediment delivery to streams are prohibitions and continue to be Parks and Wildlife to retain that an important part of protection for fish excepted in the final 4(d) rule— authority. Thus, employees or agents of and wildlife. Some BMPs, especially the including: Wildfire control, firebreak LDWF and Texas Parks and Wildlife, following recommendations, would establishment, clearcut harvesting, when acting in the course of their lessen impact to the Louisiana prescribed burning, herbicide official duties, may take the Louisiana pinesnake: Use the smallest number, application, thinning, and disking for pinesnake when the species is covered width, and length of skid trails; use no firebreak establishment. We have by an approved cooperative agreement more landings, log decks, and sets than revised the list of activities excepted for conservation programs in accordance necessary; seed and fertilize bare areas from prohibitions in the final 4(d) rule with the cooperative agreement. that would erode before natural to also include machine-planting, (3) Comment: Several commenters vegetation is established; hand-plant skidding logs and use of loading decks, stated that Louisiana and neighboring steep erodible sites; avoid intensive maintenance of existing roads, State States have adopted published BMPs for mechanical preparation on steep slopes; BMPs, and food plot establishment. We the sustainable management of forest and minimize moving soil into also added exceptions for some resources and protection of soils and windrows and piles. The Service activities that are generally prohibited that the BMPs are an integral part of encouraged the use of forestry BMPs in within Louisiana pinesnake EOHAs forest certification programs. Several the proposed 4(d) rule, and we have under specific circumstances (see BMPs, including construction and revised the provisions of the final 4(d) Summary of Changes from the Proposed maintenance of turnouts, water bars rule to include their implementation, as Rule). along roads, and wing ditches from the well as the use of skidding logs and (5) Comment: Several commenters road into the forest to drain water off loading decks, in the list of activities stated that many landowners allow roads, are designed to prevent soil excepted from incidental take recreational hunting on their forested erosion and sediment delivery to prohibitions. lands and establishment of food plots streams. Such BMPs are prudent on (4) Comment: Several commenters for wild game requires tilling the soil highly erodible soils and minimize stated that regular forestry and greater than 4 inches in depth. Food future road maintenance problems. associated activities should be plots are often 1 to 3 acres in size and Those commenters recommended that exempted by the 4(d) rule, including can be shaped to avoid visible pocket foresters implementing BMPs be periodic thinning; fertilization; gopher mounds. Several commenters specifically exempted from the herbicide treatment and prescribed stated that food plots are beneficial prohibitions in the 4(d) rule because the burning to control woody competition; because they increase vegetative cover overall impact on Louisiana pinesnake wildfire control activities; supplemental for pocket gophers, the Louisiana habitat is minor in comparison to the planting; bedding; thinning; ATV use; pinesnake, and other wildlife. BMPs’ importance to environmental hunting; recreation; mechanical site Our response: Pocket gophers appear quality. Several commenters stated that preparation; one-pass shearing; shear to forage on several different species of adherence to Louisiana BMPs, and and pile; mulching; ripping; roller grasses and forbs. While we know that logging decks to load trucks and skid chopping; and creation, use, and forbs are important to pocket gophers, trails, should be exempted. Some maintenance of trail and forest roads. we do not know which specific commenters also stated that practices Several commenters stated that many of herbaceous plant species are preferred used to manage vegetative competition these forestry practices are beneficial to by them. Native plants would likely be that are temporary in nature and help the Louisiana pinesnake and cause only the best choice, but herbaceous species open the forest canopy allow the minimal disturbance to its habitat, and typically planted in food plots may also development of more herbaceous that grasses and herbaceous vegetation be used by pocket gophers. We have ground cover that enhances habitat for quickly reestablish following revised the 4(d) rule provisions to pocket gophers and the Louisiana treatments. They said some forestry except food plots under certain pinesnake. The commenters also stated activities would increase sunlight on the circumstances. that leaving small debris piles at final forest floor and increase herbaceous (6) Comment: One commenter stated harvest provide temporary refugia to cover while maintaining a forested that conversion of loblolly pine stands rodents and other small wildlife that condition and help establishment of the to longleaf pine stands is being done by may be prey for the Louisiana targeted forest stand conditions. Two willing landowners and that landowners pinesnake. Those commenters suggest commenters stated that some intensive may choose not to convert pine stands adding language to reference critical mechanical practices are needed for from loblolly to longleaf if they believe support activities for implementing conversion and restoration to longleaf that silvicultural choices are not forest management. pine, especially in areas that are heavily available, including the choice to Our response: The Service does not infested with species such as yaupon change pine species later in time. The intend to prevent through the 4(d) rule (Ilex vomitoria), and that limiting commenter indicated that longleaf the implementation of protective options to control yaupon is an obstacle restoration cannot occur on private measures that minimize impacts to fish to creating habitat conditions for pocket lands without incentives and asked that and wildlife. The BMPs recommended gophers and the Louisiana pinesnake. the Service avoid creating disincentives by Louisiana and Texas Forestry are Our response: The Service agrees that through regulations or restricting a generally used to avoid or minimize some forestry activities that help to landowner’s timber type through environmental impacts, especially to control native shrub and invading rulemaking. Another commenter streams, wetlands, and highly erodible species and restore historical longleaf specifically questioned whether land, while conducting forestry pine forest would be beneficial to the landowners would be required to

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maintain pine forests within the conditions over time across the on their properties should contact the Louisiana pinesnake’s range, or if non- landscape.’’ Service for further guidance to avoid pine species could be used in Our response: In recognition that, potential violations of section 9 of the reforestation as long as they still provide during periods of establishment of open Act. for open-canopy conditions with a canopy pine-dominated forest stands, (11) Comment: One commenter diverse herbaceous understory. there may be time prior to thinning discussed the historical records of Our response: While the Service where the canopy is closed, we have pocket gophers as a nuisance species encourages longleaf pine restoration changed ‘‘through’’ to ‘‘over’’ time that causes immense damage to within the historical range of longleaf across the landscape. agricultural and forestry crops both pine, the proposed 4(d) rule did not (9) Comment: Several commenters inside and outside of the Louisiana include language that restricted a stated various objections to the pinesnake’s range and on erodible soils landowner’s choice of tree species to following language in the proposed 4(d) other than sandy soils. That commenter plant and grow. The historical habitat of rule: ‘‘Activities do not inhibit the suggested that there was a need for a the Louisiana pinesnake was dominated persistence of suitable pocket gopher rule to control pocket gophers in by longleaf pine but also included and Louisiana pinesnake habitat.’’ unsustainable habitats or within forest shortleaf and loblolly pines. Some Commenters believe that this language stands, especially longleaf pine stands hardwoods also inhabit the well-drained requires clarification, introduces age 5 years and younger, without the sandy soils where the Louisiana unnecessary uncertainty into the rule, need to consult with the Service. appears to be subjective and dependent pinesnake is found, but the vast Our response: The Service notes the upon individual interpretation, and is majority of trees planted commercially 1974 U.S. Forest Service Environmental an unnecessary qualification on or for restoration in that range are pine Statement (marked as ‘‘Draft’’), species. We encourage landowners to silvicultural practices. Our response: We describe in detail referenced by the commenter, which maintain forests with trees native to the components of suitable pocket discusses the poisoning of pocket their area. In the final 4(d) rule, we gopher habitat in the preamble. We also gophers. The Service is also aware of revised the exception regarding describe suitable pocket gopher habitat anecdotal reports of seedling damage ‘‘maintenance of open pine canopy in paragraph (i)(3)(v)(B)(2) of this final presumably caused by pocket gophers. conditions’’ to ‘‘maintenance of open- 4(d) rule. We do not detail all activities The Service is not aware of documented canopy pine-dominated forest stands.’’ that could inhibit the persistence of the instances of widespread damages to tree (7) Comment: Because suitable habitat habitat, but instead rely on landowners’ seedlings due to pocket gophers in the for the Baird’s pocket gopher and the unique knowledge of their property and range of the Louisiana pinesnake in Louisiana pinesnake is unlikely to occur management practices to determine how recent decades. The habitat needs for on sites without preferred or suitable best to curtail activities that would pocket gophers and Louisiana soils, several commenters recommended prevent them from being covered by the pinesnakes are very similar, although that the 4(d) rule should clearly state take exceptions of the 4(d) rule. the pocket gopher has a much larger that incidental take from forestry Paragraph (i)(3)(v)(B)(2) is necessary range than the Louisiana pinesnake, and activities will not be considered a because not all silvicultural pocket gopher density can be locally violation of section 9 of the Act if take management practices further the variable. Baird’s pocket gophers are the occurs on sites without preferred or persistence of suitable habitat for pocket primary prey and microhabitat provider suitable soils, regardless of whether gophers and the Louisiana pinesnake. for the Louisiana pinesnake, which is those sites are inside or outside of (10) Comment: One commenter nearly always found in or near pocket EOHAs. The commenters request that suggested that, while pipeline gopher burrows. Reduction or language be added to paragraphs 3(i) construction and installation activities elimination of Baird’s pocket gophers in and (ii) to clarify such an exemption. disturb the soil greater than 4 inches in the range of the Louisiana pinesnake Our response: The 4(d) rule depth, long-term maintenance of could significantly reduce food and exceptions to incidental take pipeline rights-of-way provide habitat shelter for the already threatened prohibitions for forestry activities for the Baird’s pocket gopher and, species, potentially reducing its conducted outside of EOHAs apply to therefore, can provide habitat for the abundance. Furthermore, using poison all land, including those with preferred Louisiana pinesnake. That commenter to control pocket gophers, as described or suitable soils. To clarify this recommended including pipeline rights- in the 1974 Environmental Statement, provision, we have removed the of-way in the 4(d) rule. could have even greater negative effects conditional requirement of ‘‘resulting in Our response: Though we have no on the Louisiana pinesnake if the the establishment and maintenance of information showing that pipeline species consumed the poisoned pocket open-canopy pine-dominated forest rights-of-way are inhabited by the gophers. Because of the potential stands that are interconnected with at Louisiana pinesnake, rights-of-way often significant negative impacts to the least some other open-canopy stands’’ host herbaceous vegetation, and pocket species via population control of pocket for lands other than those with preferred gopher mounds have been sighted gophers, and the apparent lack of or suitable soils. The additional within them. However, the nature and widespread damage events, a general conditions required to be met for land amount of potential impact to the 4(d) exception for control of pocket within EOHAs and where Baird’s pocket Louisiana pinesnake of a major gophers would not be prudent. If gopher are present apply only to land construction project such as pipeline landowners decide that pocket gophers meeting certain criteria, one of which is installation could vary based on the have become a pest that affects the that it contains preferable or suitable exact location of the project and the human environment or causes economic soils. extent of the resulting disturbance. loss, they may consult with the Service (8) Comment: One commenter Because of the potential variability of to determine the best course of action recommended revising the phrase in impacts to the species for projects of for their specific situation. Nothing in paragraph (3)(i)(A) ‘‘open canopy this type, a general exception is not this rule would limit pocket gopher conditions through time across the provided in the final 4(d) rule. control methods outside the historical landscape’’ to state ‘‘open canopy Landowners wishing to install pipelines range of the Louisiana pinesnake.

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(12) Comment: One commenter and many establishment projects do not and one commenter recommended that recommended that the Service prohibit have adequate warm-season grasses to the 4(d) rule should consider excluding the use of erosion control netting, and carry fire for the first 4 to 5 years. from the prohibitions conservation other plastic netting known to entangle Without the pine straw to fuel practices found in the Louisiana snakes, in areas where Louisiana prescribed burns, establishment stands pinesnake biological opinion/ pinesnake may occur. quickly revert back to yaupon and conference opinion for the NRCS’s Our response: The Service has sweetgum species. Young longleaf with Working Lands for Wildlife program to recognized the detrimental effect of the appropriate density can create allow for consistency and continuity erosion control netting, especially long- enough pine straw to carry a burn in across NRCS programs. lasting polypropylene mesh, on snakes, years 2 through 5. Planting an adequate Our response: Participants in NRCS’s and in the final listing rule we number of seedlings is also needed to Working Lands for Wildlife program are determined that the use of erosion ensure a high survival success and low allowed incidental take according to the control netting was currently a potential mortality rates due to drought, feral approved biological opinion for that threat to the Louisiana pinesnake. On hogs, competition with invasive species, program, and thus do not need an the other hand, while other snake and from prescribed burning. Another exception in the 4(d) rule for the species have been killed by the netting, commenter stated that the 4(d) rule program activities considered in the the Service is unaware of any records of should exempt thinning to 40–60 square biological opinion. The exceptions in the Louisiana pinesnake being feet per acre basal area. the 4(d) rule are not an exhaustive list entangled or killed. Because the Our response: As discussed in the of all NRCS conservation practices potential threat of erosion control 4(d) rule preamble, low tree density is considered in the biological opinion. netting to the Louisiana pinesnake is beneficial to the pocket gopher. The The conservation practices, their greatest in the areas occupied by the proposed 4(d) rule provisions did not expected results, participant species, we have added activities that specifically address planting density of responsibilities, and the consideration do not involve ‘‘the use of plastic mesh longleaf pine or any other tree species of incidental take were carefully in erosion control and stabilization and do not except or require a specific discussed during close collaboration devices, mats, blankets, or channel tree basal area. To attain an open- between Service and NRCS biologists. protection’’ to the list of additional canopy forest condition, some Excepting all NRCS Working Lands for conditions for the areas specified within consideration of planting density and Wildlife conservation practices from the the EOHAs. basal area would be required. Both the take prohibitions in the 4(d) rule is not (13) Comment: One commenter stated proposed and final 4(d) rules do not necessary and would not be prudent. that the 4(d) rule should not exempt restrict individuals from determining The Service encourages interested intensive, short-rotation pine how to create open-canopy conditions parties to contact the Service or NRCS plantations. and herbaceous vegetation cover. about the possibility of enrolling in the Our response: The 4(d) rule does not (15) Comment: One commenter Working Lands for Wildlife program. specifically except ‘‘intensive, short- recommended that the term ‘‘below- Additionally, it should be noted that the rotation pine plantations’’ from the ground shearing’’ be removed or conservation practices in the Working prohibitions against take. The Service replaced with a less confusing term. The Lands for Wildlife program and the has determined through its final listing commenter expressed that normal forestry activities that the 4(d) rule and the 4(d) rule what type of shearing operations, which are critical provisions except from the stay habitat is suitable for the Louisiana to preparing sites for reforestation prohibitions overlap significantly. pinesnake. We have developed the 4(d) (especially longleaf), are conducted Conservation activities that are not rule provisions to protect habitat for the above the soil level and have minimal specifically excepted in the 4(d) rule species regardless of the terminology soil disturbance. could possibly be exempted from the commonly used to describe certain Our response: In recognition that section 9 prohibitions of the ESA management scenarios. ‘‘Intensive, normal shearing operations are through a section 7 consultation with short-rotation pine plantations’’ does conducted above ground, but may cause issuance of an incidental take statement. not necessarily describe habitat subsurface disturbance when not (18) Comment: One commenter conditions. Some management activities properly performed, we have changed recommended that the 4(d) rule should that may be considered intensive, such ‘‘below-ground shearing’’ to ‘‘shearing include a detailed description and as mechanical site preparation that that penetrates the soil surface.’’ listing of the preferred soil series and significantly disturbs the soil, are (16) Comment: Two commenters specific soil mapping units (in excepted under certain conditions even stated their support for the creation of consultation with NRCS) for the within the EOHAs. Some ‘‘intensive’’ a safe harbor agreement program for the Louisiana pinesnake and Baird’s pocket management may be necessary to restore Louisiana pinesnake similar to the one gopher. degraded habitat. Additionally, stand established for the endangered red- Our response: Soil maps at the scale rotation length is not specifically cockaded woodpecker. that could be included in the Federal addressed in the 4(d) rule because that Our response: The Service plans to Register would not be useful. Maps metric does not necessarily dictate develop and implement one or more delineating the preferred and suitable canopy cover and the potential effects safe harbor agreements to increase soils for the Louisiana pinesnake as on herbaceous vegetation abundance, conservation opportunities for the described by Wagner et al. 2014 are which is an important factor of habitat Louisiana pinesnake in Louisiana and publicly available at https:// suitability for the pocket gopher and Texas. gcpolcc.databasin.org/datasets/ thus the Louisiana pinesnake. (17) Comment: One commenter a2a0ace6964942b98f0514b84dfa9fb8. (14) Comment: Several commenters recommended that a 4(d) rule NRCS soil survey maps of hydrologic recommended that the Service not exemption from take prohibitions group Categories A (preferred) and B attempt to limit the planting density of should apply to private landowners (suitable), are available publicly on the longleaf pine. The commenters enrolled in a Working Lands for NRCS soil mapping website: https:// explained that higher density planting Wildlife agreement with the National websoilsurvey.sc.egov.usda.gov/App/ generates pine straw fuel to carry fire, Resources Conservation Service (NRCS), HomePage.htm, or by contacting NRCS

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or the U.S. Fish and Wildlife Service, management activities that benefit the efforts, we removed the 4-inch Louisiana Ecological Services Office, habitat for a listed species, including the limitation for subsurface disturbance in 200 Dulles Drive, Lafayette, LA 70506; Louisiana pinesnake. Private the additional conditions of the 337–291–3101; 337–291–3139. landowners may contact their local exceptions for activities within EOHAs. (19) Comment: One commenter Service field office to obtain information • With respect to comments that requested that captive-bred Louisiana about these programs and permits. stated that exemptions should be more pinesnake be exempted from take broad in areas that do not contain prohibitions in the 4(d) rule to allow Summary of Changes From the preferable or suitable soils, and unfettered continuation of captive Proposed Rule comments that we should clarify the breeding, pet ownership, and trade. After reviewing the information phrase ‘‘and that result in the Our response: Louisiana pinesnakes provided during the public comment establishment and maintenance of open acquired before May 7, 2018, the period, we have made the following canopy conditions through time across effective date of the final listing rule for changes to the rule language in this final the landscape,’’ we changed the this species, may be legally held and rule: language pertaining to activities that, bred in captivity as long as laws • With respect to comments when conducted in areas within the regarding this activity within the State requesting either the exemption of range of the Louisiana pinesnake, on in which they are held are not violated. specific forestry-related activities or preferred or suitable soils, result in the This would include snakes acquired further explanation of our intended establishment and maintenance of open- pre-listing by pet owners, researchers, exempted activities, we added canopy pine-dominated forest stands and zoological institutions. Future sale maintenance of existing forest roads, ‘‘over’’ time across the landscape. of captive-bred Louisiana pinesnakes skidding logs and use of loading decks, • The Louisiana pinesnake is highly borne from pre-listing-acquired parents and adherence to BMPs recommended associated with pocket gophers and within the State of their origin would be by State forestry agencies to the list of their burrows. Research shows that regulated by applicable laws of that excepted activities. These activities Louisiana pinesnakes are most often State. If individuals wish to purchase were implicitly included in the found in pocket gopher burrow systems, captive-bred snakes outside the snake’s proposed rule as excepted forestry and, therefore, in areas where Louisiana State of origin, they would first have to activities especially as they relate to pinesnakes are known to occur, these acquire a section 10(a)(1)(A) interstate harvesting, and we had already burrows, indicated by dirt mounds, are commerce permit from the Service recommended in the proposed rule that in need of greater protections. (website: http://www.fws.gov/forms/3- landowners follow BMPs of certification Accordingly, we added, ‘‘where Baird’s 200-55.pdf). Information about the programs or from State agencies. pocket gopher mounds are present or’’ purpose for purchasing a Louisiana • With respect to comments that after ‘‘Within any known EOHAs’’ and pinesnake is required because using roller chopping and ripping are before ‘‘on lands with suitable or federally threatened species as pets is sometimes necessary to control preferable soils’’ in the paragraph not consistent with the purposes of the midstory shrub species such as yaupon preceding the additional conditions for Act, which is intended to support the holly (Ilex vomitoria) that inhibit pine lands within EOHAs. conservation of species and recovery of seedling growth, and to prepare former • With respect to a comment about wild populations. However, an animal pastures for planting, we added the entanglement hazard of erosion with threatened-species status may be language indicating that limited take control netting and its potential effects legally kept in captivity if it is captive- due to use of those techniques is not on the Louisiana pinesnake, which we bred and used for educational or prohibited. had identified as a potential threat in breeding purposes consistent with this • With respect to comments that food the final listing rule, we added, ‘‘Those intent. Through the permit process, we plot establishment requires relatively activities do not involve the use of are able to track and monitor the trade little area and can avoid gopher mound plastic mesh in erosion control and in captive-bred listed species. For this complexes, and that the vegetation stabilization devices, mats, blankets, or reason, excepting this activity from the commonly used are herbaceous plants channel protection’’ to the list of take prohibition in the 4(d) rule would that could be used as forage by pocket additional conditions for lands within not be appropriate, as it would not meet gophers, we added limited size food the EOHAs. the standard of providing for the plot establishment to the list of excepted Provisions of Section 4(d) of the Act conservation of the species. activities. (20) Comment: One commenter stated • With respect to comments Section 4(d) of the Act contains two that the 4(d) rule should incentivize requesting further explanation of sentences. The first sentence states that management of open-canopy forest in exempted activities, we specified that the ‘‘Secretary shall issue such order to get people to participate in hand- and machine-planting were regulations as he deems necessary and conservation of the species. forestry activities conducted in areas advisable to provide for the Our response: This 4(d) rule offers outside of the EOHAs that were conservation’’ of species listed as incentives for conservation by providing excepted when we used the terms threatened. The U.S. Supreme Court has exceptions from the incidental take ‘‘planting’’ and ‘‘replanting.’’ We also noted that very similar statutory prohibitions. We encourage any added language to the additional language like ‘‘necessary and advisable’’ landowners that may have a listed conditions for areas meeting the criteria demonstrates a large degree of deference species on their properties, and who that would indicate that the take to the agency (see Webster v. Doe, 486 think they may conduct activities that prohibition would not apply to U.S. 592 (1988)). Conservation is negatively affect that species, to work machine-planting under specific defined in the Act to mean ‘‘the use of with the Service to find ways to avoid circumstances. all methods and procedures which are impacts. The Service’s Partners for Fish • With respect to comments that necessary to bring any endangered and Wildlife Program and various stated that the 4-inch limit of subsurface species or threatened species to the programs administered by the NRCS disturbance could prohibit machine- point at which the measures provided may provide financial assistance to and hand-planting and other forestry pursuant to [the Act] are no longer eligible landowners who implement activities, even for forest restoration necessary.’’ Additionally, the second

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sentence of section 4(d) of the Act states the open pine forest habitat that maintenance actions, as well as actions that the Secretary ‘‘may by regulation supports the Baird’s pocket gopher. The taken to control wildfires. prohibit with respect to any threatened provisions of this final 4(d) rule would (c) Herbicide application that is species any act prohibited under section promote conservation of the Louisiana generally targeted for invasive plant 9(a)(1), in the case of fish or wildlife, or pinesnake by encouraging management species control and midstory and 9(a)(2), in the case of plants.’’ Thus, of the landscape in ways that meet land understory woody vegetation control, regulations promulgated under section management considerations while but is also used for site preparation 4(d) of the Act provide the Secretary meeting the conservation needs of the when applied in a manner that with wide latitude of discretion to select Louisiana pinesnake. The provisions of minimizes long-term impact to appropriate provisions tailored to the this final 4(d) rule are one of many tools noninvasive herbaceous vegetation. specific conservation needs of the that the Service will use to promote the These provisions include only herbicide threatened species. The statute grants conservation of the Louisiana applications conducted in a manner particularly broad discretion to the pinesnake. consistent with Federal and applicable Service when adopting the prohibitions State laws, including Environmental under section 9. Final 4(d) Rule for the Louisiana Protection Agency label restrictions and The courts have recognized the extent Pinesnake herbicide application guidelines as of the Secretary’s discretion under this This final 4(d) rule would provide for prescribed by manufacturers. standard to develop rules that are the conservation of the Louisiana (d) Skidding logs and use of loading appropriate for the conservation of a pinesnake by prohibiting the following decks that avoid gopher mound species. For example, courts have activities, except as otherwise complexes. upheld rules developed under section authorized or permitted: Importing or (e) Maintenance of existing 4(d) as a valid exercise of agency exporting; take; possession and other substandard (dirt, unsurfaced) forest authority where they prohibited take of acts with unlawfully taken specimens; roads and trails used for access to threatened wildlife, or include a limited delivering, receiving, transporting, or timber being managed. (f) Implementation of mandated and taking prohibition (see Alsea Valley shipping in interstate or foreign State-recommended forestry BMPs, Alliance v. Lautenbacher, 2007 U.S. commerce in the course of commercial including but not limited to, those Dist. Lexis 60203 (D. Or. 2007); activity; and selling or offering for sale necessary to protect riparian (e.g., Washington Environmental Council v. in interstate or foreign commerce. We streamside management zone) and other National Marine Fisheries Service, 2002 also include several standard exceptions habitats from erosional sediment U.S. Dist. Lexis 5432 (W.D. Wash. to these prohibitions, which are set forth deposition, prevent washout of forest 2002)). Courts have also approved 4(d) under Final Regulation Promulgation, rules that do not address all of the roads, and impacts to vegetation. below. (g) Food plot establishment for game threats a species faces (see State of Under the Act, ‘‘take’’ means to Louisiana v. Verity, 853 F.2d 322 (5th animals, when it does not destroy harass, harm, pursue, hunt, shoot, existing native herbaceous vegetation, Cir. 1988)). As noted in the legislative wound, kill, trap, capture, or collect, or history when the Act was initially avoids gopher mound complexes, and to attempt to engage in any such does not exceed 1 acre in size. enacted, ‘‘once an animal is on the conduct. Some of these provisions have threatened list, the Secretary has an Although these management activities been further defined in regulation at 50 may result in some minimal level of almost infinite number of options CFR 17.3. Take can result knowingly or available to him with regard to the harm or temporary disturbance to the otherwise, by direct and indirect permitted activities for those species. He Louisiana pinesnake, overall these impacts, intentionally or incidentally. may, for example, permit taking, but not activities benefit the pinesnake by Regulating intentional and incidental importation of such species, or he may contributing to conservation and take under this final 4(d) rule would choose to forbid both taking and recovery. With adherence to the help preserve the species’ remaining importation but allow the transportation limitations described in the preceding populations; enable beneficial of such species’’ (H.R. Rep. No. 412, paragraph, these activities will have a management actions to occur; and 93rd Cong., 1st Sess. 1973). net beneficial effect on the species by Exercising its authority under section decrease synergistic, negative effects encouraging active forest management 4(d) of the Act, the Service has from other stressors. that creates and maintains the developed a final rule for the Louisiana Under this final 4(d) rule, the herbaceous plant conditions needed to pinesnake that is designed to address following exceptions from prohibitions support the persistence of Baird’s the species’ specific threats and will apply to the Louisiana pinesnake: pocket gopher populations, which is conservation needs. Although the Outside of any known EOHAs, the essential to the long-term viability and statute does not require the Service to following activities will not be subject conservation of the Louisiana make a ‘‘necessary and advisable’’ to the section 9 prohibitions: pinesnake. finding with respect to the adoption of Activities that maintain existing forest Applying the prohibitions will specific prohibitions under section 9, lands in forest land use, and that when minimize threats that could cause we find that this final 4(d) rule as a conducted in areas within the range of further declines in the status of the whole satisfies the requirement in the Louisiana pinesnake, on preferred or species. Additionally, the species needs section 4(d) of the Act to issue suitable soils, result in the active conservation to improve the regulations deemed necessary and establishment and maintenance of open- quality of its habitat. By excepting from advisable to provide for the canopy pine-dominated forest stands prohibitions incidental take resulting conservation of the Louisiana over time across the landscape. These from certain activities, these provisions pinesnake. As discussed above, the activities include: can encourage cooperation by Service has concluded that the (a) Tree thinning, harvest (including landowners and other affected parties in Louisiana pinesnake is in danger of clearcutting), planting and replanting implementing conservation measures. becoming an endangered species within pines (by hand or by machine). This cooperation will allow for use of the foreseeable future primarily due to (b) Prescribed burning, including all the land while at the same time the continuing loss and degradation of firebreak establishment and ensuring the preservation of suitable

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habitat and minimizing impacts on the planting, using the shallowest depth purposes, will be able to conduct species. possible, would be allowed in areas activities designed to conserve When practicable and to the extent where pocket gophers are not present Louisiana pinesnake that may result in possible, the Service encourages and only for planting pine tree species. otherwise prohibited take without managers to conduct such activities in In former pastures or highly degraded additional authorization. a manner to maintain suitable Louisiana areas with no herbaceous vegetation and Nothing in this final 4(d) rule would pinesnake habitat in large tracts; poor planting conditions, subsurface change in any way the recovery minimize ground and subsurface disturbance shall be allowed only for planning provisions of section 4(f) of the disturbance; and promote a diverse, activities that contribute to reforestation Act, the consultation requirements abundant herbaceous groundcover. that is consistent with the conservation under section 7 of the Act, or the ability Prescribed fire is an important tool to of the species. of the Service to enter into partnerships effectively manage open-canopy pine (i) Those activities do not inhibit the for the management and protection of habitats to establish and maintain persistence of suitable pocket gopher the Louisiana pinesnake. However, suitable conditions for the Louisiana and Louisiana pinesnake habitat interagency cooperation may be further pinesnake, and the Service strongly (described previously in the Background streamlined through planned encourages its use over other methods section). programmatic consultations for the (mechanical or chemical) wherever (j) Those activities do not involve the species between Federal agencies and practicable. The Service also encourages use of plastic mesh in erosion control the Service. managers, when practicable and to the and stabilization devices, mats, Anyone undertaking activities that are extent possible, to (1) enroll their lands blankets, or channel protection. not covered by the provisions, including into third-party forest certification These additional conditions on when the additional conditions, and that may programs such as the Sustainable Forest the prohibitions would not apply within result in take would need to ensure, in Initiative, Forest Stewardship Council, known EOHAs are reasonable because consultation with the Service, that those and American Tree Farm System; and the actual likelihood of encountering activities are not likely to jeopardize the (2) conduct any activities under such individuals of the species is higher continued existence of the species programs using BMPs as described and within the EOHAs. where the entity is a Federal agency or implemented through the respective We may issue permits to carry out there is a Federal nexus, or consider programs, or by others such as State otherwise prohibited activities, applying for a permit before proceeding forestry agencies, the U.S. Department including those described above, with the activity (if there is no Federal of Agriculture (the Forest Service’s involving threatened wildlife under nexus). A map of the currently known Forest Stewardship Program or the certain circumstances. Regulations EOHAs is found in the proposed listing Natural Resources Conservation governing permits are codified at 50 rule (81 FR 69461, October 6, 2016). The Service’s Conservation Practices CFR 17.32. With regard to threatened Service intends to update maps Manual), or the U.S. Fish and Wildlife wildlife, a permit may be issued for the identifying the locations of Louisiana Service’s Partners for Fish and Wildlife following purposes: Scientific purposes, pinesnake EOHAs and make them Program. to enhance propagation or survival, for available to the public in the docket on As noted above, the management economic hardship, for zoological www.regulations.gov as new activities discussed above are excepted exhibition, for educational purposes, for information becomes available. from the incidental take prohibition incidental taking, or for special Alternatively, you may contact the outside of known EOHAs. Within any purposes consistent with the purposes Louisiana Ecological Services Field known EOHAs, where Baird’s pocket of the Act. There are also certain Office (see ADDRESSES). gopher mounds are present or on lands statutory exemptions from the Available Conservation Measures with suitable or preferable soils, that are prohibitions, which are found in forested, undeveloped, or non-farmed sections 9 and 10 of the Act. Conservation measures provided to (i.e., not cultivated on an annual basis) The Service recognizes the special species listed as endangered or and adjacent to forested lands, the and unique relationship with our State threatened species under the Act management activities discussed above natural resource agency partners in include recognition, recovery actions, would also be excepted from the contributing to conservation of listed requirements for Federal protection, and incidental take prohibitions, but only if species. State agencies often possess prohibitions against certain practices. the following additional conditions are scientific data and valuable expertise on Recognition of a species through listing met: the status and distribution of it results in public awareness, and leads (h) Those activities do not cause endangered, threatened, and candidate Federal, State, Tribal, and local subsurface disturbance, including but species of wildlife and plants. State agencies, private organizations, and not limited to subsurface disturbance agencies, because of their authorities individuals to undertake conservation. caused by: Wind-rowing, stumping, and their close working relationships The Act encourages cooperation with disking (except during firebreak creation with local governments and the States and other countries and calls or maintenance), root-raking, drum landowners, are in a unique position to for recovery actions to be carried out for chopping (except for single pass with assist the Services in implementing all listed species. Information about the the lightest possible weighted drums aspects of the Act. In this regard, section protection required by Federal agencies, and only when the soil is not wet, when 6 of the Act provides that the Services and the prohibitions against certain used to control hardwoods and woody shall cooperate to the maximum extent activities, and recovery planning and shrub species detrimental to practicable with the States in carrying implementation and interagency establishment of pine-forested land), out programs authorized by the Act. consultation, are discussed in the final shearing that penetrates the soil surface, Therefore, any qualified employee or listing rule. ripping (except when restoring pine agent of a State conservation agency that The Act and its implementing forest in compacted soil areas such as is a party to a cooperative agreement regulations set forth a series of general former pastures), bedding, new road with the Service in accordance with prohibitions and exceptions that apply construction, and commercial or section 6(c) of the Act, who is to endangered wildlife. The prohibitions residential development. Machine- designated by his or her agency for such of section 9(a)(1) of the Act, codified at

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50 CFR 17.21, make it illegal for any degradation of the natural habitat of the recognized Federal Tribes on a person subject to the jurisdiction of the Louisiana pinesnake. government-to-government basis. In United States to take (which includes (4) Unauthorized destruction or accordance with Secretarial Order 3206 harass, harm, pursue, hunt, shoot, modification of suitable occupied of June 5, 1997 (American Indian Tribal wound, kill, trap, capture, or collect; or Louisiana pinesnake habitat that results Rights, Federal-Tribal Trust to attempt any of these) endangered in damage to or alteration of desirable Responsibilities, and the Endangered wildlife within the United States or on herbaceous (non-woody) vegetation or Species Act), we readily acknowledge the high seas. In addition, it is unlawful the destruction of Baird’s pocket gopher our responsibilities to work directly to import; export; deliver, receive, carry, burrow systems used as refugia by the with tribes in developing programs for transport, or ship in interstate or foreign Louisiana pinesnake, or that impairs in healthy ecosystems, to acknowledge that commerce in the course of commercial other ways the species’ essential tribal lands are not subject to the same activity; or sell or offer for sale in behaviors such as breeding, feeding, or controls as Federal public lands, to interstate or foreign commerce any sheltering. remain sensitive to Indian culture, and endangered species. It is also illegal to (5) Unauthorized use of insecticides to make information available to tribes. possess, sell, deliver, carry, transport, or and rodenticides that could impact There are no tribal lands located within ship any such wildlife that has been small mammal prey populations, the range of the Louisiana pinesnake. taken illegally. The Act authorizes the through either unintended or direct Secretary to apply any of the impacts within habitat occupied by References Cited prohibitions of section 9(a)(1) of the Act Louisiana pinesnakes. A list of the references cited in this (6) Unauthorized actions that would to threatened wildlife. This rulemaking final rule may be found in the docket in result in the destruction of eggs or cause applies the prohibitions under section www.regulations.gov. 9(a)(1) to the threatened Louisiana mortality or injury to hatchling, pinesnake, with specified exceptions. juvenile, or adult Louisiana pinesnakes. Authors As described in the final listing rule, Questions regarding whether specific activities would constitute a violation of The primary authors of this final rule it is our policy to identify, to the are the staff members of the Louisiana maximum extent practicable at the time section 9 of the Act should be directed Ecological Services Office (see FOR a species is listed, those activities that to the Louisiana Ecological Services FURTHER INFORMATION CONTACT). would or would not constitute a Office (see FOR FURTHER INFORMATION violation of section 9 of the Act. The CONTACT). List of Subjects in 50 CFR Part 17 intent of this policy is to increase public Required Determinations awareness of the effect of a listing on Endangered and threatened species, proposed and ongoing activities within National Environmental Policy Act (42 Exports, Imports, Reporting and the range of the listed species. Since the U.S.C. 4321 et seq.) recordkeeping requirements, Transportation. Louisiana pinesnake is a threatened We completed an environmental species and this final rule applies the assessment of this action under the Final Regulation Promulgation protections outlined in section 9(a)(1) of authority of the National Environmental the Act to the Louisiana pinesnake, we Policy Act of 1969. We notified the Accordingly, for the reasons just are identifying those activities that public of the availability of the draft described, we hereby amend part 17, would or would not constitute a environmental assessment on the subchapter B of chapter I, title 50 of the violation of either section 9(a)(1) or this internet at https://www.fws.gov/ Code of Federal Regulations, as set forth final 4(d) rule. Based on the best lafayette/. We have carefully considered below: available information, the following all comments received and addressed PART 17—ENDANGERED AND activities may potentially result in a them in this rule. The environmental THREATENED WILDLIFE AND PLANTS violation of section 9 of the Act or this assessment is available in the docket for final rule; this list is not comprehensive: this rulemaking action at http:// ■ 1. The authority citation for part 17 (1) Unauthorized collecting, handling, www.regulations.gov. continues to read as follows: possessing, selling, delivering, carrying, or transporting of the Louisiana Government-to-Government Authority: 16 U.S.C. 1361–1407; 1531– pinesnake, including interstate Relationship With Tribes 1544; and 4201–4245, unless otherwise transportation across State lines and In accordance with the President’s noted. import or export across international memorandum of April 29, 1994 ■ 2. Amend § 17.11 in paragraph (h) by boundaries, except for properly (Government-to-Government Relations revising the entry for ‘‘Pinesnake, documented antique specimens at least with Native American Tribal Louisiana’’ in the List of Endangered 100 years old, as defined by section Governments; 59 FR 22951), Executive and Threatened Wildlife to read as 10(h)(1) of the Act. Order 13175 (Consultation and follows: (2) Introduction of nonnative animal Coordination With Indian Tribal species that compete with or prey upon Governments), and the Department of § 17.11 Endangered and threatened the Louisiana pinesnake. the Interior’s manual at 512 DM 2, we wildlife. (3) Introduction of invasive plant readily acknowledge our responsibility * * * * * species that contribute to the to communicate meaningfully with (h) * * *

Common name Scientific name Where listed Status Listing citations and applicable rules

******* REPTILES

******* Pinesnake, Louisiana ..... Pituophis ruthveni ...... Wherever found ...... T 83 FR 14958, April 6, 2018; 50 CFR 17.42(i).4d

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Common name Scientific name Where listed Status Listing citations and applicable rules

*******

■ 3. Amend § 17.42 by adding paragraph (iv) Possess and engage in other acts (B) Within any known EOHAs where (i) to read as follows: with unlawfully taken Louisiana Baird’s pocket gopher mounds are pinesnakes, as set forth for endangered present or on lands that have suitable or § 17.42 Special rules—reptiles. wildlife at § 17.21(d)(2). preferable soils and that are forested, * * * * * (v) Take incidental to an otherwise undeveloped, or non-farmed (i.e., not (i) Louisiana pinesnake (Pituophuis lawful activity caused by: cultivated on an annual basis) and ruthveni)—(1) Definitions. The (A) Outside any known EOHAs— adjacent to forested lands—Activities following definitions apply only to Activities that maintain existing forest described in paragraphs (i)(3)(v)(A)(1) terms used in this paragraph (i) for lands in forest land use and that, when through (7) of this section provided that activities affecting the Louisiana conducted in areas within the range of those activities do not: pinesnake. the Louisiana pinesnake, on preferred or (i) Estimated occupied habitat area suitable soils, result in the (1) Cause subsurface disturbance, (EOHA). Areas of land where establishment and maintenance of open- including, but not limited to, wind- occurrences of Louisiana pinesnakes canopy pine-dominated forest stands rowing, stumping, disking (except have been recorded and that are over time across the landscape. These during firebreak creation or considered by the Service to be activities include: maintenance), root-raking, drum occupied by the species. For current (1) Tree thinning, tree harvest chopping (except for single pass with information regarding the EOHAs, (including clearcutting), and planting the lightest possible weighted drums contact your local Service Ecological and replanting pines (by hand or by and only when the soil is not wet, when Services office. Field office contact machine). used to control hardwoods and woody information may be obtained from the (2) Prescribed burning, including all shrub species detrimental to Service regional offices, the addresses of firebreak establishment and establishment of pine-forested land), which are listed in 50 CFR 2.2. maintenance actions, as well as actions shearing that penetrates the soil surface, (ii) Suitable or preferable soils. Those taken to control wildfires. ripping (except when restoring pine soils in Louisiana and Texas that (3) Herbicide application that is forest in compacted soil areas such as generally have high sand content and a generally targeted for invasive plant former pastures), bedding, new road low water table and that have been species control and midstory and construction, and commercial or shown to be selected by Louisiana understory woody vegetation control, residential development. Machine- pinesnakes (Natural Resources but is also used for site preparation planting, using the shallowest depth Conservation Service soil survey when applied in a manner that possible, would be allowed in areas hydrologic group, Categories A and B). minimizes long-term impact to where pocket gophers are not present (2) Prohibitions. The following noninvasive herbaceous vegetation. and only for planting pine tree species. prohibitions that apply to endangered These provisions include only herbicide In former pastures or highly degraded wildlife also apply to the Louisiana applications conducted in a manner areas with no herbaceous vegetation and pinesnake. Except as provided at consistent with Federal and applicable paragraph (i)(3) of this section and State laws, including Environmental poor planting conditions, subsurface § 17.4, it is unlawful for any person Protection Agency label restrictions and disturbance will be allowed only for subject to the jurisdiction of the United herbicide application guidelines as activities that contribute to reforestation States to commit, to attempt to commit, prescribed by manufacturers. that is consistent with the conservation to solicit another to commit, or cause to (4) Skidding logs and use of loading of the species. be committed, any of the following acts decks that avoid mound complexes of (2) Inhibit the persistence of suitable in regard to this species: Baird’s pocket gophers (Geomys Baird’s pocket gopher and Louisiana (i) Import or export, as set forth for breviceps). pinesnake habitat, which consists of endangered wildlife at § 17.21(b). (5) Maintenance of existing open-canopy forest situated on well- (ii) Take, as set forth for endangered substandard (dirt, unsurfaced) forest drained sandy soils with an abundant wildlife at § 17.21(c)(1). roads and trails used for access to herbaceous plant community, a (iii) Possession and other acts with timber being managed. nonexistent or sparse midstory, and a unlawfully taken specimens, as set forth (6) Implementation of mandated and low pine basal area. for endangered wildlife at § 17.21(d)(1). State-recommended forestry best (iv) Interstate or foreign commerce in management practices, including, but (3) Involve the use of plastic mesh in the course of commercial activity, as set not limited to, those necessary to protect erosion control and stabilization forth for endangered wildlife at riparian (e.g., streamside management devices, mats, blankets, or channel § 17.21(e). zone) and other habitats from erosional protection. (v) Sale or offer for sale, as set forth sediment deposition, and prevent Dated: January 30, 2020. for endangered wildlife at § 17.21(f). washout of forest roads and impacts to Aurelia Skipwith, (3) Exceptions from the prohibitions. vegetation. Director, U.S. Fish and Wildlife Service. In regard to this species, you may: (7) Food plot establishment for game (i) Conduct activities as authorized by animals, when it does not destroy [FR Doc. 2020–03545 Filed 2–26–20; 8:45 am] a permit issued under § 17.32. existing native herbaceous vegetation, BILLING CODE 4333–15–P (ii) Take, as set forth for endangered avoids Baird’s pocket gopher mound wildlife at § 17.21(c)(2) through (c)(4). complexes, and does not exceed 1 acre (iii) Take, as set forth at § 17.31(b). in size.

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