Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Proposed Rules 64553

incremental NGCC generation identified generation levels. Together, the same information sources and presented under building block 2 (given that under approach in the proposal and the in the same format as the 2012 dataset the proposal, generation from building alternative approach in this document used for the June 2014 proposed rule. block 2 was assumed to reduce carbon reflect a range of possible emission rate We are also making these data available intensity by replacing generation from impacts that could be expected through at: http://www2.epa.gov/ 2012 levels). The rationale for this the application of the incremental RE cleanpowerplan/. approach would be that the BSER for all and EE in the state goal calculation. The Dated: October 27, 2014. fossil generation includes replacing that EPA is seeking comment on which Janet G. McCabe, generation with incremental RE and EE. approach better reflects the BSER. At Moreover, this approach acknowledges the same time, we note that the Acting Assistant Administrator, Office of Air and Radiation. that, taken by itself, such incremental alternative state goal formula generation would not necessarily approaches listed here may raise a [FR Doc. 2014–25845 Filed 10–29–14; 8:45 am] replace the highest-emitting generation, number of additional considerations. BILLING CODE 6560–50–P but would likely replace a mix of These approaches, for example, would existing fossil generating technologies. increase the collective stringency of the b. Prioritize replacement of historical state goals, which would likely increase DEPARTMENT OF THE INTERIOR fossil steam generation. A second both the costs and benefits of the alternative approach would be similar to proposed rule. Fish and Wildlife Service the one described above, but the As noted above, at least some of these adjustment would reflect incremental alternative applications of the target- 50 CFR Part 23 RE and EE first replacing fossil steam setting equation would result in many [Docket No. FWS–HQ–ES–2013–0052] generation below 2012 levels rather than states having tighter rate-based goals. replacing all fossil generation on a pro Therefore, in considering any of these RIN 1018–AZ53 rata basis. Subsequent to replacing fossil changes, the EPA would also consider Notice of Intent To Include Four Native steam generation, if there were any how they relate to other issues U.S. Freshwater in remaining incremental RE or EE, it discussed in this document, as well as would replace gas turbine generation in the original proposal, particularly Appendix III of the Convention on levels and the corresponding emissions. inclusion of new NGCC units in the International Trade in Endangered Therefore, the reduction in carbon state goal calculation and alternatives to Species of Wild Fauna and Flora intensity observed from this type of the 2020–2029 glide path. While the (CITES) adjustment would be more than that goal-setting formula adjustments AGENCY: Fish and Wildlife Service, estimated in the proposal’s goal-setting described here would tighten the state Interior. formula and more than the alternative goals, the glide path adjustments ACTION: Proposed rule: Notice of intent approach above, in section III.C.1.a, discussed previously would have the to amend CITES Appendix III. because incremental and avoided offsetting effect of reducing the generation would replace generation stringency of the goals. The EPA SUMMARY: We, the U.S. Fish and from higher-emitting fossil steam welcomes comment specifically on the Wildlife Service (Service), propose to sources first. The rationale for this potential changes identified in this include the common snapping turtle alternative approach would be based on document in terms both of the rationale ( serpentina), Florida softshell the view that, as part of the BSER, for these changes and of their effects on turtle ( ferox), smooth softshell because fossil steam generation has the stringency of the state goals. turtle (Apalone mutica), and spiny higher carbon intensity, it should be 2. Alternatives to the 2012 Data Year softshell turtle (Apalone spinifera) in replaced before NGCC generation. Appendix III of the Convention on A number of stakeholders have raised By identifying the two alternative International Trade in Endangered concerns over the use of 2012 as the approaches above and providing more Species of Wild Fauna and Flora (CITES single data year for calculating interim detailed data by which to assess them, or Convention), including live and dead and final goals. The EPA has identified the EPA is seeking additional whole specimens, and all readily several approaches that stakeholders engagement during the public comment recognizable parts, products, and may want to consider and upon which process and supporting the ability of derivatives. Listing these four native we are requesting comment. The EPA is stakeholders to provide comment. The U.S. freshwater turtle species (including seeking comment on whether we should EPA is requesting comment on whether their , except Apalone use a different single data year or the a formula change of this nature would spinifera atra, which is already better reflect the emission reduction average of a combination of years (such included in Appendix I of CITES) in potential from incremental RE and EE. as 2010, 2011, and 2012) to calculate the Appendix III of CITES is necessary to In particular, the EPA is seeking state fossil fuel emission rates used in allow us to adequately monitor comment on how the amount of state goal calculations. The agency is international trade in these species; to incremental RE and EE in the June 2014 also seeking comment on whether state- determine whether exports are proposal relate to potential future specific circumstances exist that could occurring legally, with respect to State generation increases from existing fossil justify using different data years for and Federal law; and to determine sources. The EPA is also soliciting individual states, as opposed to using whether further measures under CITES comment on approaches where some the same data year, or combination of or other laws are required to conserve portion of such incremental generation years, consistently across states. is calculated to replace future increases Stakeholders have also expressed these species. in existing fossil generation with the interest in obtaining eGRID data for DATES: To ensure that we are able to remainder assumed to replace historical years prior to 2012 in to foster consider your comment on this existing fossil generation. The EPA is comparison with results from the 2012 proposed rulemaking action, you must also requesting comment on how to treat dataset. The EPA is adding, to the send it by December 29, 2014. a state in which the incremental RE and docket for this action, data for the years ADDRESSES: You may submit comments EE exceeds historical fossil steam 2010 and 2011 that are based on the by one of the following methods:

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• Federal eRulemaking Portal: http:// public review. However, we cannot international trade in sturgeon caviar www.regulations.gov. Follow the guarantee that we will be able to do so. (73 FR 40983, July 17, 2008). instructions for submitting comments We will post all hardcopy comments on The Service’s International Wildlife on Docket No. FWS–HQ–ES–2013– http://www.regulations.gov. Trade Program convened a freshwater 0052. Comments and materials we receive, turtle workshop in St. Louis in • U.S. Mail or Hand-Delivery: Public as well as supporting documentation we September 2010 to discuss the pressing Comments Processing, Attn: Docket No. used in preparing this proposed rule, management, regulatory, scientific, and FWS–HQ–ES–2013–0052; U.S. Fish and will be available for public inspection enforcement needs associated with the Wildlife Service Headquarters, MS: on http://www.regulations.gov, or by harvest and trade of freshwater in BPHC; 5275 Leesburg Pike, Falls appointment, between 8 a.m. and 4 the United States. As a follow up to one Church, VA 22041–3803. p.m., Monday through Friday, except of the recommendations put forth at the We will post all comments on http:// Federal holidays, at: U.S. Fish and St Louis Workshop in 2010 the Service www.regulations.gov. This generally Wildlife Service Headquarters, Division hosted a workshop in Baton Rouge, LA means that we will post any personal of Management Authority, 5275 in November 2011 for all 16 States with information you provide us (see the Leesburg Pike, Falls Church, VA 22041– turtle farms to develop best management Public Comments section below for 3803; telephone 703–358–2095. practices for turtle farms operating in more information). the United States. Information on these Background workshops can be found on our Web FOR FURTHER INFORMATION CONTACT: CITES, an international treaty, site at http://www.fws.gov/international/ Craig Hoover, Chief, Wildlife Trade and /freshwater-turtles.html or from Conservation Branch, Division of regulates the import, export, re-export, DMA (see FOR FURTHER INFORMATION Management Authority, U.S. Fish and and introduction from the sea of certain CONTACT). Wildlife Service Headquarters, MS: IA; and plant species. CITES was 5275 Leesburg Pike, Falls Church, VA negotiated in 1973 in Washington, DC, CITES Appendices at a conference attended by delegations 22041–3803; telephone 703–358–2095; Species covered by the Convention from 80 countries. The United States facsimile 703–358–2298. If you use a are listed in one of three Appendices. telecommunications device for the deaf ratified the Convention on September Appendix I includes species threatened (TDD), call the Federal Information 13, 1973, and it entered into force on with extinction that are or may be Relay Service (FIRS) at 800–877–8339. July 1, 1975, after it had been ratified by affected by international trade, and are the required 10 countries. Currently 180 SUPPLEMENTARY INFORMATION: generally prohibited from commercial countries have ratified, accepted, trade. Appendix II includes species that, Public Comments approved, or acceded to CITES; these although not necessarily threatened We intend that any final action countries are known as Parties. with extinction now, may become so resulting from this proposal will be The text of the Convention and the unless the trade is strictly controlled. It based on accurate information and as official list of all species included in its also lists species that must be regulated effective as possible. Therefore, we three Appendices are available from the so that trade in other listed species may request comments or suggestions on this CITES Secretariat’s Web site at http:// be brought under effective control (e.g., proposed rule. We particularly seek www..org or upon request from the because of similarity of appearance to comments concerning: Division of Management Authority at other listed species). Appendix III (1) Biological, trade, or other relevant the address provided in FOR FURTHER includes native species, identified by data concerning any threats (or lack INFORMATION CONTACT above. any Party, that are regulated to prevent thereof) to these species (including Section 8A of the Endangered Species or restrict exploitation, where the Party subspecies) and regulations that may be Act of 1973, as amended (16 U.S.C. 1531 requests the help of other Parties to addressing those threats. et seq.), designates the Secretary of the monitor and control the trade of the (2) Additional information concerning Interior as the U.S. Management species. the range, distribution, and population Authority and U.S. Scientific Authority To include a species in or remove a size of these species (including for CITES. These authorities have been species from Appendices I or II, a Party subspecies). delegated to the U.S. Fish and Wildlife must propose an amendment to the (3) Any information on the biological Service. The original U.S. regulations Appendices for consideration at a or ecological requirements of these implementing CITES took effect on May meeting of the CoP. The adoption of species (including subspecies). 23, 1977 (42 FR 10465, February 22, such a proposal requires approval of at (4) Any information regarding legal or 1977), after the first meeting of the least two-thirds of the Parties present illegal collection of or trade in these Conference of the Parties (CoP) was and voting. However, a Party may add species (including subspecies). held. The CoP meets every 2 to 3 years a native species to Appendix III You may submit your comments and to vote on proposed resolutions and independently at any time, without the materials concerning this proposed rule decisions that interpret and implement vote of other Parties, under Articles II by one of the methods listed in the text of the Convention and on and XVI of the Convention. Likewise, if ADDRESSES. We will not consider amendments to the list of species in the the status of an Appendix-III species comments sent by email or fax or to an CITES Appendices. The last major improves or new information shows that address not listed in ADDRESSES. revision of U.S. CITES regulations was it no longer needs to be listed, the If you submit a comment via http:// in 2014 (79 FR 30399, May 27, 2014) listing country can remove the species www.regulations.gov, your entire and incorporated provisions from from Appendix III without consulting comment, including any personal applicable resolutions and decisions the other CITES Parties. identifying information, will be posted adopted at meetings of the Conference Inclusion of native U.S. species in on the Web site. If you submit a of the Parties up to and including the Appendix III provides the following hardcopy comment that includes fifteenth meeting (CoP15), which took benefits: personal identifying information, you place in 2010. In 2008, through a direct (1) An Appendix-III listing ensures may request at the top of your document final rule, we incorporated certain the assistance of the other CITES that we withhold this information from provisions adopted at CoP14 regarding Parties, through the implementation of

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CITES permitting requirements in states further that ‘‘any Party may at any known major importing countries, the controlling international trade in these time submit to the Secretariat a list of Secretariat, and the Animals Committee species. species which it identifies as being or the Plants Committee that we are (2) Listing these species in Appendix subject to regulation within its considering the listing and seek their III enhances the enforcement of State jurisdiction for the purpose mentioned opinions on the potential effects of the and Federal conservation measures in paragraph 3 of Article II. Appendix listing. enacted for the species by regulating III shall include the names of the Parties CITES does not allow the exclusion of international trade in the species. submitting the species for inclusion particular parts or derivatives for any Shipments containing CITES-listed therein, the scientific names of the species listed in Appendix I or the species receive greater scrutiny from species so submitted, and any parts or exclusion of parts or derivatives of border officials in both the exporting derivatives of the animals or plants animal species in Appendix II. and importing countries. When a concerned that are specified in relation However, Article XVI of the Convention shipment containing a non-listed to the species for the purposes of allows for either all specimens of a species is exported from the United subparagraph (b) of Article I.’’ species or only certain identifiable parts States, it is a lower inspection priority At the ninth meeting of the or derivatives of a specimen (in addition for the Service than a shipment Conference of the Parties to CITES to whole specimens) to be listed in containing a CITES-listed species. Many (CoP9), held in the United States in Appendix III. For example, the current foreign countries have limited legal 1994, the Parties adopted Resolution listing in CITES Appendix III of Cedrela authority and resources to inspect Conf. 9.25 (amended at the 10th, 14th, odorata (Spanish cedar) by Brazil, shipments of non-CITES-listed wildlife. 15th, and 16th meetings of the CoP), Bolivia, Colombia, Guatemala, and Peru Appendix-III listings for U.S. species which provides further guidance to includes only logs, sawn wood, and will give these importing countries the Parties for the listing of their native veneer sheets. Therefore, if the criteria legal basis to inspect such shipments, species in Appendix III. The Resolution, listed above are met, we could designate and to deal with CITES and national which is the basis for our criteria for specific parts or products (e.g., turtle violations when they detect them. listing species in Appendix III provided meat) of a species for inclusion in (3) Another practical outcome of in our regulations at 50 CFR 23.90(c), Appendix III, rather than inclusion of listing a species in Appendix III is that recommends that a Party: all parts and derivatives, if we inform better records are kept and international (a) Ensure that (i) the species is native the CITES Secretariat of the limited trade in the species is better monitored. to its country; (ii) its national listing. We will gain and share improved regulations are adequate to prevent or information on such trade with State U.S. Procedure and Submission of restrict exploitation and to control trade, Information to the CITES Secretariat fish and wildlife agencies, and others for the conservation of the species, and who have jurisdiction over resident include penalties for illegal taking, For this listing proposal of four native populations of the Appendix-III species. trade, or possession and provisions for U.S. freshwater turtle species, we will They will then be able to better confiscation; and (iii) its national consult with and solicit comments from determine the impact of trade on the enforcement measures are adequate to all States and Tribes where the species species and the effectiveness of existing implement these regulations; occurs and all other range countries State management activities, (b) Determine that, notwithstanding pursuant to 50 CFR 23.90(e)(1). After regulations, and cooperative efforts. these regulations and measures, reviewing the information submitted in International trade data and other circumstances indicate that the response to this proposal, we will make relevant information gathered as a result cooperation of the Parties is needed to a final decision on whether to include of an Appendix-III listing will help control illegal trade; and these four species in CITES Appendix policymakers determine whether we (c) Inform the Management III. We will publish our decision in the should propose the species for inclusion Authorities of other range States, the Federal Register. If we decide to list in Appendix II, or remove it from or known major importing countries, the these four species in CITES Appendix retain it in Appendix III. Secretariat, and the Animals Committee III, we will notify the CITES Secretariat. (4) When any live CITES-listed or the Plants Committee that it is The listings will take effect 90 days after species (including an Appendix-III considering the inclusion of the species the CITES Secretariat informs the CITES species) is exported (or imported), it in Appendix III and seek their opinion Parties of the listings. must be packed and shipped according on the potential effects of such Change in Status of Appendix-III to the International Air Transport inclusion. Species Based on New Information Association (IATA) Live Animals Therefore, we apply the following Regulations to reduce the risk of injury criteria in deciding to list U.S. species We monitor the trade of all species and cruel treatment. This requirement in Appendix III as outlined in 50 CFR listed in Appendix III by the United helps to ensure the survival and health 23.90(c): States and periodically evaluate of the animals when they are shipped (1) The species must be native to the whether each species continues to meet internationally. United States. the listing criteria contained in 50 CFR (2) The species must be protected 23.90(c). If the following occurs, we will Criteria for Listing a Native U.S. Species under State, Tribal, or Federal consider removing the species from in Appendix III regulations to prevent or restrict Appendix III: (1) We determine that Article II, paragraph 3, of CITES states exploitation and control trade, and the international trade in the species is very that ‘‘Appendix III shall include all laws or regulations are being limited (as a general guide, fewer than species which any Party identifies as implemented. 5 shipments per year or fewer than 100 being subject to regulation within its (3) The species is in international individual animals or plants); and (2) jurisdiction for the purpose of trade, and circumstances indicate that we determine that trade (legal and preventing or restricting exploitation, the cooperation of other Parties would illegal) in the species is not a concern. and as needing the cooperation of other help to control illegal trade. If, after monitoring the trade of any parties in the control of trade.’’ Article (4) We must inform the Management species listed in Appendix III by the XVI, paragraph 1, of the Convention Authorities of other range countries, the United States and evaluating its status,

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we determine that the species meets the Office of Law Enforcement (OLE) is consultations, on submitting a proposal CITES criteria for listing in Appendix I authorized to inspect shipments of at CoP15 to include these three species or II, based on the criteria contained in CITES-listed species at the time of of North American softshell turtles in 50 CFR 23.89, we will consider whether export to ensure that they comply with Appendix II. Ultimately, we did not to propose the species for inclusion in these regulations. Additional propose to include any of the softshell Appendix I or II. information on permit requirements is species in the CITES Appendices at available from DMA (see FOR FURTHER Practical Effects of Listing a Native U.S. CoP15. INFORMATION CONTACT); additional Species in Appendix III In a notice published in the Federal information on declaration of Permits and other requirements: The Register on April 11, 2012 (77 FR shipments, inspection, and clearance of 21798), we stated our tentative positions export of an Appendix-III species listed shipments is available upon request by the United States requires an export on recommendations for species from the OLE: U.S. Fish and Wildlife proposals for the United States to permit issued by the Service’s Division Service, Office of Law Enforcement, of Management Authority (DMA). DMA consider submitting at CoP16. Pending U.S. Fish and Wildlife Service receipt of additional significant will issue a permit only if the applicant Headquarters, MS: OLE; 5275 Leesburg information, we indicated that the obtained the specimen(s) legally, in Pike, Falls Church, VA 22041–3803; United States was not likely to submit compliance with applicable U.S. laws, telephone 703–358–1949; facsimile for consideration at CoP16 a proposal to including relevant State and Tribal 703–358–2271. If you use a include the , the wildlife laws and regulations, and live telecommunications device for the deaf smooth softshell turtle, and the spiny specimens are packed and shipped in (TDD), call the Federal Information softshell turtle in Appendix II. We also accordance with the IATA Live Animals Relay Service (FIRS) at 800–877–8339. Regulations to reduce the risk of injury, stated that we would not submit a damage to health, or cruel treatment. Previous Federal Actions proposal to include the common DMA, in determining if an applicant In a notice published in the Federal snapping turtle (Chelydra serpentina) in legally obtained a specimen, may Register in 1975, we proposed listing Appendix III because inclusion of a consult relevant State, Tribal, and the Cuatro Cienegas spiny softshell species in Appendix III is a unilateral Federal agencies. Since the conservation turtle ( ater, also known as decision and does not require a proposal and management of these species is Apalone spinifera atra) as endangered to be brought forward to the CoP. primarily under the jurisdiction of State pursuant to the Endangered Species Act Ultimately, we did not propose to and Tribal agencies, we may consult of 1973 (40 FR 44329, September 26, include any of the softshell species in those agencies to ensure that specimens 1975), since this softshell turtle was the CITES Appendices at CoP16. destined for export were obtained in already included in Appendix I of the Summary of Threats compliance with State and Tribal laws Convention. In a subsequent notice and regulations. Unlike species listed in published in the Federal Register (41 Common Snapping Turtle Appendices I and II, no scientific non- FR 24062, June 14, 1976), we listed the Populations are known to be robust detriment finding is required from the Cuatro Cienegas as throughout much of the species’ range, Service’s Division of Scientific endangered pursuant to the Endangered and the common snapping turtle is Authority (DSA) for export of an Species Act of 1973. In a notice among the most widely distributed Appendix-III species. However, DSA published in the Federal Register a few turtle species in the United States. will monitor and evaluate the trade, to years later (47 FR 39219, September 7, Threats to the common snapping turtle, decide if there is a conservation concern 1982), we invited comments on a besides habitat degradation and that would require any further action on proposal to delist the T. ater (also destruction, include (in no particular our part. With a few exceptions, any known as A. s. atra) from Appendix I. order) collecting, the impact on and shipment containing wildlife must be The basis of the proposal was that T. newly emerged hatchlings (primarily) of declared to a Service Wildlife Inspector ater was becoming genetically swamped subsidized predators (i.e., predation upon import, export, or re-export, and by T. spiniferus, currently known as A. magnified as a result of human activity, must comply with all applicable spinifera. In a follow-up notice (47 FR e.g., cats, dogs, raccoons), road regulations. 57524, December 27, 1982), we decided Permits, Findings, and Fees: To apply it would be premature to propose mortality, and pollution (van Dijk, 2011, for a CITES permit, an individual or removal of the Cuatro Cienegas spiny no pagination). The reproductive business is required to submit a softshell turtle from Appendix I and it parameters of the species are such that completed CITES export permit currently remains in that Appendix. populations are ‘‘severely constrain[ed]’’ application to DMA (with check or In a 2002 Federal Register notice (67 in their ability to recover from long-term money order to cover the application FR 19207, April 18, 2002), we stated our and persistent off-take (Congdon, fee). You may obtain information about tentative positions on recommendations Dunham, and Sels 1994, p. 397). In CITES permits from our Web site at for species proposals for the United general the species is marked by a life- http://www.fws.gov/international/ or States to consider for submission for history strategy of slow recruitment, late from DMA (see FOR FURTHER CoP12. Pending additional information maturity, long lifespan, and high adult INFORMATION CONTACT). We will review and consultations, the United States was survivorship. Any given population’s the application to decide if the export undecided on a proposal to include the persistence is dependent on high adult meets the criteria in 50 CFR 23.60. Florida softshell turtle (Apalone ferox), survivorship, which makes the species In addition, live animals must be the smooth softshell turtle (Apalone vulnerable to directed anthropogenic shipped to reduce the risk of injury, mutica), and the spiny softshell turtle activities, such as collecting (Congdon, damage to health, or cruel treatment. We (Apalone spinifera) in Appendix II. In a Dunham, and Sels 1994, p. 397). carry out this CITES requirement by notice published in the Federal Register Table 1 shows recent trends in stating clearly on all CITES permits that in 2009 (74 FR 33460, July 13, 2009), the exportations of live common snapping shipments must comply with the IATA United States was undecided, pending turtles and meat harvested from these Live Animals Regulations. The Service’s additional information and turtles.

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TABLE 1—U.S. EXPORTATIONS OF LIVE COMMON SNAPPING TURTLES AND COMMON SNAPPING TURTLE MEAT 2009– 2011

2009 2010 2011

Live common snapping turtles exported from the United States ...... 655,549 709,869 811,717 Common snapping turtle meat (in kg) exported from the United States ...... 36.29 27.22 46.52

Although a significant proportion of Florida Softshell Turtle by-catch from freshwater fishing these live specimens and meat activities (Buhlmann, Tuberville, and originated from turtle farms, the level of Eggs are vulnerable to predation by a Gibbons 2008; p. 119, and Bonin, wild harvest necessary to maintain farm variety of terrestrial species, and Devaux, and Dupre 2006, p. 129; and production is unknown. While export hatchlings are equally vulnerable to Ernst and Lovich 2009, p. 612). While levels vary from year to year, since at predation by other turtles, birds, and in Florida the species does not appear least 1990, the trend has been a fish. Adults are less vulnerable, but may to be in danger, it is the most significant increase in common be taken by alligators. The species is intensively harvested freshwater turtle snapping turtle exports over an considered vulnerable to (in no in Florida, and locally severe declines particular order) overcollection for extended period of time (Hoover, C. or extirpations from over-fishing might human consumption, the impact of 1998 and USFWS, LEMIS database as be possible (Meylan and Moler 2006, p. subsidized predators (i.e., predation cited in Weissgold, B., unpublished, 166). magnified as a result of human activity, Table 2 shows recent trends in 2010). e.g., cats, dogs, raccoons), habitat exportations of Florida softshell turtles destruction, and road mortality, and as and eggs harvested from these turtles.

TABLE 2—U.S. EXPORTATIONS OF FLORIDA SOFTSHELL TURTLES AND FLORIDA SOFTSHELL TURTLE EGGS 2009–2011

2009 2010 2011

Live Florida softshell turtles exported from the United States ...... 214,787 209,453 367,629 Florida softshell turtle eggs exported from the United States ...... 67,200 66,100 130,624

Although a portion of these specimens predation (Buhlmann, Tuberville, and future based on overseas demand and eggs were shipped from turtle Gibbons 2008, p. 144). In recent years, principally, but not limited to, China. farms, the level of wild harvest smooth softshell turtle populations have Spiny Softshell Turtle necessary to maintain farm production declined due to river channelization, is unknown. While export levels vary siltation, and water pollution (retrieved Populations are in decline in many from year to year, since at least 1995, September 2, 2014, from the Minnesota areas due to (in no particular order) the trend suggests that the potential Department of Natural Resources, Rare pollution, habitat degradation, and remains for significant exports in the Species Guide at http:// collection as a food source (Buhlmann, future for human consumption and www.dnr.state.mn.us/rsg/profile Tuberville, and Gibbons 2008, p. 141; stocking of farms in East Asia, .html?action=elementDetail and Ernst and Lovich 2009, p. 634). particularly China. The Service is not &selectedElement=ARAAG01020). aware of any evidence indicating that Table 3 shows the recent trend in this trend will reverse. U.S. export data show that 200 live exportations of spiny softshell turtles. smooth softshell turtles were exported While export levels vary from year to Smooth Softshell Turtle in 2009 sourced from the wild, and year, we believe that the potential Both eggs and juveniles are vulnerable none were exported in 2010 or 2011. remains for significant exports in the to a wide assortment of predators, While export levels vary from year to future. The Service is not aware of any although adults are generally only year, we believe that the potential evidence indicating that this trend will vulnerable to human and alligator remains for significant exports in the reverse.

TABLE 3—U.S. EXPORTATIONS OF SPINY SOFTSHELL TURTLES 2009–2011

2009 2010 2011

Live spiny softshell turtles exported from the United States ...... 46,117 56,056 55,713

Species and Subspecies for Listing in Appendix III of CITES, including live document, packaging, mark, or label; or Appendix III and dead whole specimens, and all any other circumstances to be a part, readily recognizable parts and product, or derivative of any CITES We propose to list these four native derivatives. The term ‘‘readily wildlife or plant, unless such part, U.S. freshwater turtle species, including recognizable’’ is defined in our product, or derivative is specifically their subspecies, except A. s. atra: regulations at 50 CFR 23.5 and means exempt from the provisions of CITES or common snapping turtle, Florida any specimen that appears from a 50 CFR part 23. Listing these four native softshell turtle, smooth softshell turtle, visual, physical, scientific, or forensic U.S. freshwater turtle species in and the spiny softshell turtle in examination or test; an accompanying Appendix III of CITES is necessary to

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allow us to adequately monitor portions of Alabama. No subspecies are softshell turtle subspecies would be international trade in these species; to currently recognized. Females may included in the CITES Appendix-III determine whether exports are reach a Maximum Carapace Length listing. occurring legally, with respect to State, (SCLmax) of 67.3 centimeters, over Spiny Softshell Turtle Tribal, and Federal law; and to twice the size of males, which may determine whether further measures reach 32.4 centimeters SCLmax. The The spiny softshell turtle (Apalone under CITES or other laws are required leathery skin-covered carapace has spinifera, Le Sueur 1827) is a small to conserve these species. rough, rounded tubercles (bumps) on its softshell with webbed feet and large front edge; the limbs are grey to brown claws. It has a leathery shell colored Common Snapping Turtle with lighter-colored mottling. The feet from brown to sand to grey, with dark The common snapping turtle are webbed, and the species has an black ocelli or blotches and a pair of (Chelydra serpentina, Linnaeus 1758) is extended nose tip. In large specimens, light stripes on the side of its head. the second-largest freshwater turtle the head can grow disproportionately Limbs are grey and may have dark species native to the United States. large compared to the body. The Florida streaks or spots. The population of the Currently two subspecies are widely softshell inhabits calm waters, including spiny softshell in the United States is recognized: C. s. osceola (Stejneger, rivers, swamps, marshes, lakes, and divided into six subspecies: The spiny 1918), distributed in the Florida ponds. The species may spend extended softshell turtle (A. s. spinifera, Le Sueur peninsula, and C. s. serpentina periods of time submerged, buried in 1827), Gulf Coast spiny softshell (A. s. (Linnaeus, 1758), distributed throughout the silty or sandy bottom. The Florida aspera, Agassiz 1857), Texas spiny the remainder of the species range, softshell is largely carnivorous, eating a softshell (A. s. emoryi, Agassiz 1857), which encompasses most of the eastern variety of aquatic and sometimes Guadalupe spiny softshell (A. s. two-thirds of the United States and terrestrial animals, although vegetation guadalupensis, Webb 1962), western portions of southern Canada, including may also be consumed (Ernst and spiny softshell (A. s. hartwegi, Conant Nova Scotia. The species has been Lovich 2009, p. 611). and Goin 1948), and pallid spiny introduced into the wild outside its softshell (A. s. pallida, Webb 1962). An range both within and outside the Smooth Softshell Turtle additional subspecies, the Cuatro United States, including into the wild in The smooth softshell turtle (Apalone Cienegas spiny softshell (A. s. atra China and Taiwan, where it is also bred mutica, Le Sueur 1827) is the smallest [=Apalone atra], Webb and Legler 1960), on turtle farms. The common snapping of the three softshell species native to occurs in Mexico and is listed in turtle is easily recognized by a roughly the United States. The species is Appendix I of CITES and as endangered textured black to grey carapace (top generally found in streams, rivers, and under the U.S. Endangered Species Act shell), a long tail studded with large channels. It inhabits the Ohio River (as Trionyx ater) (50 CFR 17.11(h)). saw-toothed tubercles, large claws, and drainage (Ohio, Indiana, and Illinois), The spiny softshell inhabits the a large head with strong jaws and a the upper watershed largest range of the three softshell turtles sharp beak. (Minnesota and Wisconsin), the of North America, occurring from New The species is readily distinguished Missouri River in the Dakotas, south York, south to Florida, west through from the alligator snapping turtle through the watershed and eventually Texas to New Mexico, and over most of ( temmincki) because the spreading to the western Florida the midwestern United States, including latter has a larger head, hooked beak, a Panhandle, and west to Central Texas to the States bordering the Great Lakes, smooth tail, and three distinct keels on (including all States between these and extreme southern portions of the carapace. There are other areas). The smooth softshell is Canada, and naturally in northern morphological differences as well. The considered extinct in Pennsylvania, portions of Mexico. It has also been common snapping turtle inhabits a wide where it previously inhabited the introduced widely in other parts of variety of freshwater habitats, including Allegheny River. An isolated population Mexico. Disjunct populations also are rivers, ponds, lakes, swamps, and exists in New Mexico’s Canadian River found from New Mexico to California marshes, although it prefers slow- drainage. Two subspecies are and in Montana and Wyoming. Isolated moving aquatic habitats with mud or recognized: The smooth softshell turtle populations are found in a number of sand bottoms, abundant vegetation, and (A. m. mutica; Le Sueur 1827) and the States. The spiny softshell inhabits submerged tree branches, trunks, and Gulf Coast smooth softshell turtle (A. m. creeks and rivers, but also occurs in brush. Common snapping turtles feed calvata; Webb 1959). Females may reach other types of water bodies, including on a wide variety of both plants and 35.6 centimeters SCLmax and males artificial bodies, so long as the bottom animals (Ernst and Lovich 2009, pp. 9, may reach 26.6 centimeters SCLmax. is sandy or muddy to support its 132–133). The carapaces of males may have burrowing behavior. The species is Irrespective of the taxonomic blotchy dark markings, and a yellow almost entirely aquatic and largely differentiation of the common snapping stripe is present on each side of the carnivorous; its reported list of food turtle, all currently recognized common head; females have darkly mottled items is extensive and includes insects, snapping turtle subspecies would be carapaces, and the yellow head stripe molluscs, and other invertebrates, fish, included in the CITES Appendix-III may be faint or nonexistent in older amphibians, and small snakes. It will listing. animals. The smooth softshell has also consume plant material (Ernst and webbed feet and an extended nose tip. Lovich 2009, pp. 632–633). Florida Softshell Turtle The species is fully aquatic, only The Florida softshell turtle (Apalone leaving the water to nest or bask. Conservation ferox, Schneider 1783) is one of three Smooth softshells consume insect The common snapping turtle (since species of softshell turtle native to the larvae, other aquatic invertebrates, small 2012) and spiny softshell turtle (since United States. The Florida softshell, the fish, and plant material (Ernst and 2011) are considered to be of ‘‘Least largest North American softshell turtle, Lovich 2009, pp. 619–620). Concern’’ by the International Union for occurs from southern South Carolina, Irrespective of the taxonomic Conservation of Nature (IUCN) with the through southern Georgia and Florida, differentiation of the smooth softshell population trend being stable. The and west into the extreme southern turtle, all currently recognized smooth Florida softshell turtle (since 2011) and

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the smooth softshell (since 2011) turtle Mexico, Ohio, Oklahoma, South Dakota, or purchase in interstate or foreign are also considered to be of ‘‘Least Tennessee, Texas, Wisconsin, and commerce any wildlife taken, Concern’’ by the IUCN, but with the Wyoming. possessed, transported, or sold in population trend being unknown. Collection for personal use is violation of any law or regulation of any These four native U.S. freshwater permitted in Indiana, Kansas, State. Because many State laws and turtle species are protected to varying Mississippi, and West Virginia; regulations regulate the take of these degrees by State and Tribal laws within however, commercial harvest and trade four native U.S. freshwater turtle the United States, with significant are not permitted. species, certain acts with these four differences in levels and types of In Florida, State regulations allow one native U.S. freshwater turtle species protection. specimen per day per person to be taken acquired unlawfully under State law from the wild, but commercial sale is could result in a violation of the Lacey Common Snapping Turtle not permitted; there are exceptions with Act Amendments of 1981 and thus Personal collection and commercial specific requirements and limitations provide for Federal enforcement action harvest of the common snapping turtle for commercial aquaculture. In Illinois, due to a violation of State law. (Chelydra serpentina) is permitted in commercial harvest is prohibited; Alabama, Arkansas, Georgia, Iowa, however, aquaculture is allowed as well Decision To Propose To List Four Maryland, Kentucky, Louisiana, as limited harvest for personal use in Native U.S. Freshwater Turtle Species Minnesota, Mississippi, Missouri, some areas. Nebraska, New Jersey, New Mexico, Based on the recommendations Spiny Softshell Turtle New York, North Carolina, Ohio, contained in Resolution Conf. 9.25 (Rev. Oklahoma, Pennsylvania, Rhode Island, Collection for personal use and CoP16) and the listing criteria provided South Carolina, South Dakota, commercial harvest of the spiny in our regulations at 50 CFR 23.90, these Tennessee, Texas, Vermont, Virginia, softshell turtle are permitted in four native U.S. freshwater turtle Wisconsin, and Wyoming. Alabama, Arkansas, Georgia, Iowa, species, including all subspecies, In Arizona, where the species has Kentucky, Louisiana, Minnesota, qualify for listing in CITES Appendix been introduced, an unlimited number Missouri, Oklahoma, South Carolina, III. Declines have been documented or may be collected. In Colorado, Indiana, South Dakota, Tennessee, Texas, locally severe declines may be possible Kansas, Maine, Michigan, Montana, Vermont, Wisconsin, and Wyoming. in at least some portions of the range of New Hampshire, Oregon, and West In Arizona, where the species has these four native U.S. freshwater turtle Virginia, collection for personal use is been introduced, an unlimited number species, although the Florida softshell permitted; however, commercial harvest may be collected. Collection for seems to be resistant to high levels of and trade is not permitted. In personal use is permitted in Colorado, commercial harvest. Its take in Florida Connecticut and Massachusetts, Indiana, Kansas, Maryland, Michigan, is regulated and it is a species of special collection and trade is allowed, with a Mississippi, Montana, and West concern in South Carolina. Although 4 inch and 6 inch minimum shell length Virginia; however, commercial harvest snapping turtle populations are known requirement for trade, respectively. and trade are not permitted. In Florida, to be vigorous throughout much of the Delaware requires limits on take to one specimen per day per person may species’ range, long-term persistent take individuals with 8 inches or greater be taken from the wild, but commercial makes the species vulnerable to decline. curved carapace length along with sale is not permitted. There are Existing laws have not been completely harvest equipment restrictions in place. exceptions with specific requirements successful in preventing the North Dakota allows for harvest as and limitations for commercial unauthorized collection and trade of specified on the appropriate permit. aquaculture. In Illinois, commercial these four native U.S. freshwater turtle harvest is prohibited; however, Personal harvest and commercial species. Listing these four native U.S. aquaculture is allowed, as well as trade are prohibited in the District of freshwater turtle species, including their limited harvest for personal use in some Columbia, and Florida prohibits harvest subspecies, except the Cuatro Cienegas areas. from the wild (including eggs) or spiny softshell turtle which is already commercial trade in wild-caught Federal Status listed in Appendix I, in Appendix III is specimens. In Illinois, commercial Under section 3372(a)(1) of the Lacey necessary to allow us to adequately harvest is prohibited; however, monitor international trade in these aquaculture is allowed, and limited Act Amendments of 1981 (16 U.S.C. 3371–3378), it is unlawful to import, taxa; to determine whether exports are harvest for personal use is permitted in occurring legally, with respect to State some areas. export, transport, sell, receive, acquire, or purchase any wildlife taken, law; and to determine whether further Florida Softshell Turtle possessed, transported, or sold in measures under CITES or other laws are Commercial harvest and trade of the violation of any law, treaty, or required to conserve these species and Florida softshell turtle is permitted in regulation of the United States. This subspecies. An Appendix-III listing Alabama, Georgia, and South Carolina. prohibition would apply in instances would lend additional support to State In Florida, one specimen per day per where these four native U.S. freshwater wildlife agencies in their efforts to person may be taken from the wild, but turtle species were unlawfully collected regulate and manage these species, commercial sale is not permitted. There from Federal lands, such as those improve data gathering to increase our are exceptions with specific Federal lands within the range of these knowledge of trade in these species, and requirements and limitations for four native U.S. freshwater turtle strengthen State and Federal wildlife commercial aquaculture. species that are managed by the U.S. enforcement activities to prevent Forest Service, the National Park poaching and illegal trade. Furthermore, Smooth Softshell Turtle Service, U.S. Fish and Wildlife Service, listing these species in Appendix III Personal collection and commercial or other Federal agency. would enlist the assistance of other harvest of the smooth softshell turtle are It is unlawful under section Parties in our efforts to monitor and permitted in Alabama, Arkansas, Iowa, 3372(a)(2)(A) of the Lacey Act to import, control trade in these species and Kentucky, Louisiana, Missouri, New export, transport, sell, receive, acquire, subspecies.

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Required Determinations in species native to the United States 658(5)–(7). ‘‘Federal intergovernmental and does not impose any new or mandate’’ includes a regulation that Regulatory Planning and Review— changed restriction on the trade of ‘‘would impose an enforceable duty Executive Orders 12866 and 13563 legally acquired specimens. Based on upon State, local, or Tribal Executive Order 12866 provides that current exports of these four native U.S. governments,’’ with two exceptions. It the Office of Information and Regulatory freshwater turtle species, we estimate excludes ‘‘a condition of federal Affairs (OIRA) in the Office of that the costs to implement this rule assistance.’’ It also excludes ‘‘a duty Management and Budget will review all will be less than $100,000 annually due arising from participation in a voluntary significant rules. The Office of to the costs associated with obtaining Federal program,’’ unless the regulation Information and Regulatory Affairs has permits. ‘‘relates to a then-existing Federal determined that this rule is not According to the Small Business program under which $500,000,000 or significant. Administration, small entities include more is provided annually to State, Executive Order 13563 reaffirms the small organizations, such as local, and Tribal governments under principles of E.O. 12866 while calling independent nonprofit organizations; entitlement authority,’’ if the provision for improvements in the nation’s small governmental jurisdictions, would ‘‘increase the stringency of regulatory system to promote including school boards and city and conditions of assistance’’ or ‘‘place caps predictability, to reduce uncertainty, town governments that serve fewer than upon, or otherwise decrease, the Federal and to use the best, most innovative, 50,000 residents; and small businesses Government’s responsibility to provide and least burdensome tools for (13 CFR 121.201). Small businesses funding’’ and the State, local, or Tribal achieving regulatory ends. The include manufacturing and mining governments ‘‘lack authority’’ to adjust executive order directs agencies to concerns with fewer than 500 accordingly. ‘‘Federal private sector consider regulatory approaches that employees, wholesale trade entities mandate’’ includes a regulation that reduce burdens and maintain flexibility with fewer than 100 employees, retail ‘‘would impose an enforceable duty and freedom of choice for the public and service businesses with less than $5 upon the private sector, except (i) a where these approaches are relevant, million in annual sales, general and condition of Federal assistance; or (ii) a feasible, and consistent with regulatory heavy construction businesses with less duty arising from participation in a objectives. E.O. 13563 emphasizes than $27.5 million in annual business, voluntary Federal program.’’ This further that regulations must be based special trade contractors doing less than proposed rule would not impose a on the best available science and that $11.5 million in annual business, and legally binding duty on non-Federal the rulemaking process must allow for agricultural businesses with annual Government entities or private parties public participation and an open sales less than $750,000. This proposed and would not impose an unfunded exchange of ideas. We have developed rule: mandate of more than $100 million per this rulemaking in a manner consistent (a) Would not have an annual effect year or have a significant or unique with these requirements. on the economy of $100 million or effect on State, local, or Tribal Regulatory Flexibility Act (5 U.S.C. 601 more. governments or the private sector (b) Would not cause a major increase et seq.) because we, as the lead agency for in costs or prices for consumers, CITES implementation in the United Under the Regulatory Flexibility Act individual industries, Federal, State, or States, are responsible for the (5 U.S.C. 601 et seq.), as amended by the local government agencies, or authorization of shipments of live Small Business Regulatory Enforcement geographic regions. wildlife, or their parts and products, Fairness Act (5 U.S.C. 802(2)), whenever (c) Would not have significant adverse that are subject to the requirements of an agency is required to publish a notice effects on competition, employment, CITES. of rulemaking for any proposed or final investment, productivity, innovation, or rule, it must prepare and make available the ability of U.S.-based enterprises to Paperwork Reduction Act of 1995 (44 for public comment a regulatory compete with foreign-based enterprises. U.S.C. 3501 et seq.) flexibility analysis that describes the effect of the rule on small entities (i.e., Unfunded Mandates Reform Act (2 This proposed rule does not contain small businesses, small organizations, U.S.C. 1501 et seq.) any new collections of information that and small government jurisdictions). In accordance with the Unfunded require approval by Office of However, no regulatory flexibility Mandates Reform Act (2 U.S.C. 1501), Management and Budget (OMB) under analysis is required if the head of an the Service makes the following the Paperwork Reduction Act of 1995. agency certifies the rule will not have a findings: (a) This rulemaking would not Information that we would collect under significant economic impact on a produce a Federal mandate. In general, this proposed rule on FWS Form 3–200– substantial number of small entities. a Federal mandate is a provision in 27 is covered by an existing OMB The Department of the Interior certifies legislation, statute, or regulation that approval and has been assigned OMB that this action would not have a would impose an enforceable duty upon control number 1018–0093, which significant effect on a substantial State, local, or Tribal governments, or expires on May 31, 2017. We may not number of small entities for the reasons the private sector, and includes both conduct or sponsor, and a person is not discussed below. ‘‘Federal intergovernmental mandates’’ required to respond to, a collection of This proposed rule establishes the and ‘‘Federal private sector mandates.’’ information unless it displays a means to monitor the international trade These terms are defined in 2 U.S.C. currently valid OMB control number.

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National Environmental Policy Act proposed rule would generate Indian culture, and to make information (NEPA) (42 U.S.C. 4321 et seq.) information that would be beneficial to available to Tribes. We determined that The Service has analyzed this State wildlife agencies, we do not this proposed action will not interfere proposed rule in accordance with the anticipate that any State monitoring or with the Tribes’ ability to manage National Environmental Policy Act of control programs would need to be themselves or their funds or to regulate 1969 (NEPA). The Council on developed to fulfill the purpose of this these turtle species on Tribal lands. proposed rule. We have consulted the Environmental Quality’s (CEQ) Energy Supply, Distribution, or Use States, through the Association of Fish regulations implementing NEPA, at 40 (Executive Order 13211) CFR 1508.4, define a ‘‘categorical and Wildlife Agencies, on this proposed exclusion’’ as a category of actions action. The CITES Technical Work E.O. 13211 requires agencies to which do not individually or Group, comprising representatives from prepare Statements of Energy Effects cumulatively have a significant effect on States in different regions of the United when undertaking actions that the human environment and which States, of the Association of Fish and significantly affect energy supply, have been found to have no such effect Wildlife Agencies has concluded that distribution, and use. This proposed on the human environment. CEQ’s including these four native U.S. action is not expected to significantly regulations further require Federal freshwater turtle species in CITES affect energy supplies, distribution, or agencies to adopt NEPA procedures, Appendix III is warranted in order to use. Therefore, this action is not a including the adoption of categorical help ensure conservation of these significant energy action, and no exclusions for which neither an species in the wild and to assist State Statement of Energy Effects is required. environmental assessment nor an agencies in regulating harvest and trade. Clarity of the Rule environmental impact statement is Further, formal and informal required (40 CFR 1507.3). The Service consultation with various interested We are required by Executive Orders has determined that this rulemaking is parties regarding this proposal has 12866 and 12988, and by the categorically excluded from further generally resulted in support for the Presidential Memorandum of June 1, environmental analysis under NEPA in proposal. These proposed changes will 1998, to write all rules in plain accordance with the Department’s help us more effectively conserve these language. This means that each rule we NEPA regulations at 43 CFR 46.210(i), species and will help those affected by publish must: which categorically excludes CITES to understand how to conduct (a) Be logically organized; ‘‘[p]olicies, directives, regulations, and lawful international trade in wildlife (b) Use the active voice to address guidelines: That are of an and wildlife products. readers directly; administrative, financial, legal, (c) Use clear language rather than Civil Justice Reform (Executive Order jargon; technical, or procedural nature.’’ In 12988) addition, the Service has determined (d) Be divided into short sections and that none of the extraordinary The Department, in promulgating this sentences; and circumstances listed under the rulemaking, has determined that it will (e) Use lists and tables wherever Department’s regulations at 43 CFR not unduly burden the judicial system possible. 46.215, in which a normally excluded and that it meets the requirements of If you feel that we have not met these action may have a significant sections 3(a) and 3(b)(2) of Executive requirements, send us comments by one environmental effect, applies to this Order 12988. of the methods listed in ADDRESSES. To proposed rule. Government-to-Government better help us revise the proposed rule, Relationship With Tribes your comments should be as specific as Takings (Executive Order 12630) possible. For example, you should tell In accordance with Executive Order In accordance with the President’s us the numbers of the sections or (E.O.) 12630 (‘‘Government Actions and memorandum of April 29, 1994, paragraphs that are unclearly written, Interference with Constitutionally Government-to-Government Relations which sections or sentences are too Protected Private Property Rights’’), we with Native American Tribal long, the sections where you feel lists or have determined that this proposed rule Governments (59 FR 22951), E.O. 13175, tables would be useful, etc. would not have significant takings and the Department of the Interior’s References Cited implications since there are no changes manual at 512 DM 2, we have a in what may be exported. responsibility to communicate A complete list of all references cited meaningfully with Federally recognized in this proposed rule is available on the Federalism (Executive Order 13132) Indian Tribes on a government-to- Internet at http://www.regulations.gov In accordance with E.O. 13132 government basis. In accordance with or upon request from the Division of (Federalism), this proposed rule would Secretarial Order 3206 of June 5, 1997 Management Authority, U.S. Fish and not have significant Federalism effects. (American Indian Tribal Rights, Federal- Wildlife Service (see FOR FURTHER A Federalism assessment is not required Tribal Trust Responsibilities, and the INFORMATION CONTACT). because this proposed rule would not Endangered Species Act), we readily have a substantial direct effect on the acknowledge our responsibilities to Author States, on the relationship between the work directly with Tribes in developing The primary author of this proposed Federal Government and the States, or programs for healthy ecosystems, to rule is Clifton A. Horton, Division of on the distribution of power and acknowledge that Tribal lands are not Management Authority, U.S. Fish and responsibilities among the various subject to the same controls as Federal Wildlife Service (see FOR FURTHER levels of government. Although this public lands, to remain sensitive to INFORMATION CONTACT).

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Proposed Amendment to CITES their subspecies (except the Cuatro exact time period required by the Appendix III Cienegas spiny softshell turtle, which is Secretariat to inform the Parties of the in Appendix I): The common snapping listing, so that the effective date of the Our regulations at 50 CFR 23.90 turtle (Chelydra serpentina), Florida final rule coincides with the effective require us to publish a proposed rule softshell turtle (Apalone ferox), smooth date of the listing in Appendix III. The and, if appropriate, a final rule for a softshell turtle (Apalone mutica), and listing would take effect 90 days after CITES Appendix-III listing, even though spiny softshell turtle (Apalone the CITES Secretariat informs the the final rule would not result in any Parties of the listing. changes to the Code of Federal spinifera). Regulations. Accordingly, for the After analysis of any comments Dated: October 7, 2014. reasons provided in this document, we received on the proposed rule, we will Stephen Guertin, propose to ask the CITES Secretariat to publish our final decision in the Federal Acting Director, U.S. Fish and Wildlife amend Appendix III of CITES to include Register. If we adopt a final rule, we Service. for the United States these four native will contact the CITES Secretariat prior [FR Doc. 2014–25768 Filed 10–29–14; 8:45 am] U.S. freshwater turtle species, including to publishing the rule to clarify the BILLING CODE 4310–55–P

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