Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Egyptian Tortoise
| Citation | 86 FR 62122 |
| Record Number | 2021-23839 |
| Published date | 09 November 2021 |
| Court | Fish And Wildlife Service |
Federal Register, Volume 86 Issue 214 (Tuesday, November 9, 2021)
[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Proposed Rules]
[Pages 62122-62137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23839]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2020-0114; FF09E22000 FXES1111090FEDR 223]
RIN 1018-BD04
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for Egyptian Tortoise
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Egyptian tortoise (Testudo kleinmanni), a terrestrial tortoise
from Libya, Egypt, and Israel, as a threatened species under the
Endangered Species Act of 1973, as amended (Act). This determination
also serves as our 12-month finding on a petition requesting that the
Egyptian tortoise be listed as an endangered or threatened species
under the Act. After a review of the best scientific and commercial
information available, we find that listing the species is warranted.
Accordingly, we propose to list the Egyptian tortoise, as a threatened
species with a rule issued under section 4(d) of the Act (``4(d)
rule''). If we finalize this rule as proposed, it would add this
species to the List of Endangered and Threatened Wildlife and extend
the Act's protections to the species.
DATES: We will accept comments received or postmarked on or before
January 10, 2022. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by December 27, 2021.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2020-0114,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rule box to locate this document. You may submit a comment by clicking
on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn:
[[Page 62123]]
FWS-HQ-ES-2020-0114, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Documentation used to prepare
this proposed rule, including the species status assessment (SSA)
report, are available on the internet at http://www.regulations.gov
under Docket No. FWS-HQ-ES-2020-0114.
FOR FURTHER INFORMATION CONTACT: Elizabeth Maclin, Chief, Branch of
Delisting and Foreign Species, Ecological Services, U.S. Fish and
Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; telephone, 703-358-2171. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, if we determine that
a species warrants listing as an endangered or threatened species
throughout all or a significant portion of its range, we are required
to promptly publish a proposal in the Federal Register and make a
determination on our proposal within 1 year. Listing a species as an
endangered or threatened species can only be completed by issuing a
rule.
What this document does. We propose to list the Egyptian tortoise
as a threatened species with a 4(d) rule under the Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species because of any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that the Egyptian tortoise is
likely to become endangered throughout all of its range in the
foreseeable future, meeting the definition of a threatened species. The
primary threats to the Egyptian tortoise are loss and degradation of
habitat and collection of the species for the pet trade. Habitat
destruction throughout the range of the species caused by human
activities is the major factor limiting the availability of suitable
habitat necessary for the species' survival. Collection is a
significant threat to the species in Libya.
We are also proposing a section 4(d) rule. When we list a species
as threatened, section 4(d) of the Act (16 U.S.C. 1533(d)) allows us to
issue regulations that are necessary and advisable to provide for the
conservation of the species. Accordingly, we are proposing a 4(d) rule
for the Egyptian tortoise that would prohibit import, export, take,
possession and other acts with unlawfully taken specimens, interstate
or foreign commerce in the course of a commercial activity, or sale or
offer for sale. It would also be unlawful to attempt to commit, to
solicit another to commit, or to cause to be committed any such
conduct. The proposed 4(d) rule would provide an exception for
interstate commerce from public institutions to other public
institutions, specifically museums, zoological parks, and scientific
institutions that meet the definition of ``public'' at 50 CFR 10.12. We
may issue permits to carry out otherwise prohibited activities,
including those described above, involving threatened wildlife under
certain circumstances, such as for scientific purposes, or the
enhancement of propagation or survival of the species in the wild.
Peer review. In accordance with our joint policy on peer review
published in the Federal Register on July 1, 1994 (59 FR 34270) and our
August 22, 2016, memorandum updating and clarifying the role of peer
review of listing actions under the Act, we sought the expert opinion
of five appropriate specialists for peer review of the Species Status
Assessment report. We received responses from three specialists, which
informed this proposed rule. The purpose of peer review is to ensure
that our listing determinations and 4(d) rules are based on
scientifically sound data, assumptions, and analyses.
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
wildlife management agencies in the range countries, the scientific
community, industry, or any other interested parties concerning this
proposed rule.
We particularly seek comments concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include destruction, modification, or curtailment of habitat
or range; overutilization for commercial, recreational, scientific, or
educational purposes; disease; predation; the inadequacy of existing
regulatory mechanisms; or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
(5) Information on regulations that are necessary and advisable to
provide for the conservation of the Egyptian tortoise and that the
Service can consider in developing a 4(d) rule for the species. In
particular, information concerning the extent to which we should
include any of the section 9 prohibitions in the 4(d) rule or whether
any exceptions from the prohibitions should be provided in the 4(d)
rule.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act directs that determinations as to whether any species is an
endangered or a threatened species must be made ``solely on the basis
of the best scientific and commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in
[[Page 62124]]
ADDRESSES. We request that you send comments only by the methods
described in ADDRESSES.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov.
Because we will consider all substantive comments and information
received during the comment period, and base our determination on the
best scientific and commercial data available, our final determinations
may differ from this proposal. Upon consideration of comments and
information we receive, we may conclude based on the best scientific
and commercial data available after considering all of the relevant
factors that the species is endangered instead of threatened, or we may
conclude that the species does not warrant listing as either an
endangered species or a threatened species. In addition, we may change
the provisions in the 4(d) rule if we conclude it is appropriate in
light of comments and new information we receive. For example, we may
narrow the proposed exception to interstate commerce prohibitions for
certain public institutions in order to prohibit additional activities
if we conclude that those additional activities are not compatible with
conservation of the species. Conversely, we may establish additional
exceptions to the interstate commerce prohibitions in the final rule if
we conclude that the activities would facilitate the conservation and
recovery of the species.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register at least 15 days before the hearing. For the immediate
future, we will provide these public hearings using webinars that will
be announced on the Service's website, in addition to the Federal
Register. The use of these virtual public hearings is consistent with
our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On June 9, 2014, we received a petition from Friends of Animals to
list the Egyptian tortoise as threatened or endangered under the Act.
On April 10, 2015, we published a 90-day finding that found that the
petition presented substantial scientific and commercial information
indicating that the petitioned action may be warranted and initiated a
status review for the Egyptian tortoise (80 FR 19259).
Supporting Documents
We prepared an SSA report for the Egyptian tortoise, in
consultation with species experts (Service 2020, entire). The SSA
report represents a compilation of the best scientific and commercial
data available concerning the status of the species, including the
impacts of past, present, and future factors (both negative and
beneficial) affecting the species. The Service sent the SSA report to
five independent peer reviewers and received three responses.
I. Proposed Listing Determination
Background
A thorough review of the taxonomy, life history, and ecology of the
Egyptian tortoise is presented in the SSA report (Service 2020, entire;
available at http://www.regulations.gov under the FWS-HQ-ES-2020-0114
docket).
Taxonomy
The species Egyptian tortoise (Testudo kleinmanni) is a valid taxon
(ITIS 2014, unpaginated) with Testudo leithii as a synonym
(International Union for Conservation of Nature and Natural Resources
(IUCN) 2014, p. 1), and Testudo werneri as a junior synonym (Attum et
al. 2007a, p. 399).
Description
The Egyptian tortoise is the only dwarf tortoise occurring in the
northern hemisphere, the smallest and least-known tortoise species
inhabiting the Mediterranean basin (Buskirk 1985, pp. 35, 37), and the
second smallest species of tortoise in the world (Woodland Park Zoo
2014, p. 1). The head, neck, limbs, feet, nails, and tail vary from
yellow to yellowish-brown to ivory colored (Loveridge and Williams
1957, p. 280; Flower 1933, p. 748; Highfield and Martin 2014, p. 1;
Ernst et al. 2014, p. 1). The high-domed carapace (top shell) is pale
yellow with lemon and yellow-green shades, with each scute (bony
plates) edged with brown or black (Buskirk 1985, p. 36; Loveridge and
Williams 1957, p. 279; Woodland Park Zoo 2014, p. 1). These marks vary
in individuals, regardless of sex or locality, and may be strong and
broad, wide or narrow, or merely outlines to the shields (Flower 1933,
p. 749; Loveridge and Williams 1957, p. 279; Ernst et al. 2014, p. 1).
The plastron (bottom shell) is greenish to yellow and the vast majority
of specimens feature two V-shaped brown or black markings upon the
abdominal scutes (Buskirk 1985, p. 36; Loveridge and Williams 1957, p.
279). This feature is quite different from the abdominal marks seen on
the plastron of other Palaearctic land-tortoises (Greek tortoise
(Testudo graeca), Hermann's tortoise (Testudo hermanni), Marginated
tortoise (Testudo marginata), and Russian tortoise (Testudo
horsfieldii); Flower 1933, p. 749; Highfield and Martin 2014, p. 1).
The most distinguishing characteristic of the Egyptian tortoise is
its remarkably small size (Highfield and Martin 2014, p. 1). Females
are generally a bit larger than males (Woodland Park Zoo, p. 1; Buskirk
1985, p. 36). Females usually have a carapace length over 110
millimeters (4.33 inches) and weigh approximately 300-350 grams (10.6-
12.4 ounces). Male's carapace length is between 90 and 100 millimeters
(3.54-3.93 inches), and weigh 160-250 grams (5.6-8.8 ounces).
Habitat
The Egyptian tortoise is mostly found in desert and semi-desert
areas, shoreline grasses at the edges of salt lakes or salt marshes,
and areas of scrub thorn in a narrow coastal zone along the southeast
Mediterranean coast (Lortet 1887, and Werner 1982, in Buskirk 1985, p.
40; Maryland Zoo 2015, p. 1; Ernst et al 2014, p. 1; Mendelssohn 1982,
p. 133). The species prefers areas ranging from sandy soils and dunes
to solidified sands with fair to dense plant cover of bushes and small
shrubs, and short-lived annual vegetation to eat (Baha El Din 1994, p.
4; Mendelssohn 1982, pp. 133-134).
Life History
Egyptian tortoises are active during the cooler part of the year.
Peak activity is from December to March. By April, activity is reduced,
although tracks are occasionally seen as early as October and as late
as May (Geffen and Mendelssohn 1989, p. 405; Mendelssohn 1982, p. 134).
During the summer, tortoises aestivate or experience prolonged dormancy
from
[[Page 62125]]
mid-May or early June through the end of September, a period
characterized by extremely high ambient temperatures, no rainfall, and
the lowest food availability (Attum et al. 2006, 2007b, 2008, in Attum
et al. 2013, pp. 74, 76-77; Geffen and Mendelssohn 1989, p. 406).
Bushes and shrubs provide cover and thermal refuges, especially during
prolonged dormancy during the summer, and are essential to the survival
of the species (Geffen and Mendelssohn 1989, p. 408; Mendelssohn 1982,
p. 134). Two major factors that seem to stimulate the onset of
aestivation in the Egyptian tortoise are rising ambient temperature
(over 30 [deg]C (86 [deg]F)) and withering of food plants (Ernst et al.
2014, p. 1; Geffen and Mendelssohn 1989, p. 408).
Reproductive potential is low. Female Egyptian tortoises produce a
maximum of three eggs in one clutch with up to two clutches for the
season (Baha El Din 2020, pers. comm.). Eggs are laid in a solitary
nesting site that does not require specific location or structure,
during a prolonged nesting period (Geffen and Mendelssohn 1991, p.
576). It is likely that Egyptian tortoises do not reproduce at all
during years of low rainfall (Mendelssohn 1982, p. 136). Males reach
maturity at 5 years old, and females take at least 8 years because of
physical limitations of laying eggs (Baha El Din 2020, pers. comm.;
Attum et al. 2011, p. 10). One generation in the wild is estimated to
be about 20 years (Per[auml]l[auml] 2006, p. 60; Macale et al. 2009, p.
143), although the average age can be much less (Egyptian Environmental
Affairs Agency 2009, p. 222). Information of survival rate specific to
Egyptian tortoises is lacking. Generally, survivorship for other
closely related tortoise species in the genus Testudo spp. during the
egg stage and first year of life is significantly lower than during
later life stages (Iverson 1991, p. 385; Henry et al. 1998, p. 192).
Diet
The Egyptian tortoise is an herbivore (Maryland Zoo 2015, p. 1),
although the diet of wild tortoises is not well understood. Because
food is likely to be most abundant when Egyptian tortoises are active
in the cooler part of the year, they feed intensely on annual
vegetation and leaves of perennial bushes and shrubs when active;
however, most parts of shrubs may be out of reach (Mendelssohn 1982, p.
134; Groombridge 1982, p. 134). Annual precipitation facilitates the
growth of short-lived annual vegetation. The relatively high level of
precipitation of 100-200 mm (3.94-7.87 in) along the Mediterranean
coast may be the main factor restricting the species to coastal areas
that receive higher rainfall than areas further inland (Mendelssohn
1982, p. 134).
Range and Distribution
Historically, the Egyptian tortoise occurred on both sides of the
Nile River, distributed along the southeast Mediterranean coast, in
three regions (Tripolitania, Sirte, and Cyrenaica) in Libya, two
regions (North Coast and North Sinai) in Egypt, and in the western
Negev Desert in Israel. Rangewide surveys have never been conducted;
however, based on hydrobasins and known records of the species
throughout the range, the historical range was estimated at 79,288
km\2\ (30,613 mi\2\) (Rhodin 2020, pers. comm.). Taking into account
areas lost to and degraded by human development activities, recent
estimates state that the range has decreased to between 7,929 and
15,857 km\2\ (3,061-6,122 mi\2\) (Per[auml]l[auml] 2005, p. 894;
Per[auml]l[auml] 2006, p. 61; Rhodin 2020, pers. comm.). The species
currently exists in the three regions in Libya, in five small
subpopulations in North Sinai in Egypt, and in the western Negev Desert
in Israel. The Egyptian tortoise has been extirpated from the North
Coast of Egypt, and no longer occupies the historical part of the range
in Egypt from the Libyan border east to the Nile River.
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The Egyptian tortoise is restricted to a narrow coastal zone in
North Africa and the western Negev Desert in Israel, in the southeast
Mediterranean, and has the most restricted range of all tortoises in
the Mediterranean Basin (Baha El Din 2003, entire). It currently occurs
within scrub habitat (see Habitat) up to 40-50 km (25-31 mi) from the
Mediterranean coast, depending on the location. Historically, the range
of the species in Egypt potentially encompassed the whole Mediterranean
coastal desert east and west of the Nile Delta as far as 100 km (62 mi)
inland (Baha El Din 1994, p. 3).
Population Estimate
Over the last three generations (or about 60 years), the Egyptian
tortoise population has been reduced by approximately 90 percent
throughout its range, including the extirpation of the species in North
Coast, Egypt, which accounted for about 30 percent of the species'
historical population (Per[auml]l[auml] 2005, p. 894; Per[auml]l[auml]
2006, p. 61; Rhodin 2020, pers. comm; Rhodin et al. 2017, p. 154; Baha
El Din 1994, p. 6; Baha El Din et al. 2003, p. 651). No accurate
fieldwork-based data on population sizes exist for the species. Based
on an average population density in Israel from a study in the 1980s,
and the area of occupancy as defined by the IUCN, the rangewide
population size was estimated in 2005 and 2006 to be approximately
10,650 individuals (Per[auml]l[auml] 2005, p. 894; Per[auml]l[auml]
2006, p. 61). Taking into account comments from peer reviewers of the
SSA report, we estimate that the current population size is
approximately 11,000 individuals, with at least 7,500 individuals in
Libya, 200-250 individuals in North Sinai, Egypt, and approximately
3,000 individuals in Israel. However, we do not have any recent
estimates of the population size in Israel (Per[auml]l[auml] 2005, p.
894; Per[auml]l[auml] 2006, p. 61; Attum 2019,
[[Page 62127]]
pers. comm.; Baha El Din 2020, pers. comm.).
Table 1--Estimates of the Historical and Current Populations for the Egyptian Tortoise
(Per[auml]l[auml] 2005, p. 894; Per[auml]l[auml] 2006, p. 61).
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Historical
individuals
Population Name (estimate of Estimated population in Best estimate in 2020 \3\
individuals present 2005 and 2006 \2\
in the 1950s) \1\
----------------------------------------------------------------------------------------------------------------
Libya (Cyrenaica).................. 22,600 5,000..................... Libya: At least 7,500
adults, not including non-
breeding adults.
Libya (Sirte)...................... Unknown unknown...................
Libya (Tripolitania)............... 2,500 2,500.....................
Egypt (North Coast)................ 30,500 0 (was previously 0.
reintroduced in El Omayed
Protected Area).
Egypt North Sinai and Israel....... 45,000 3,150, which are mostly in Israel: unknown. The best
Israel. estimate is 3,000, based
on the population
estimated in 2005 and
2006.
................... The population in North North Sinai: 5 very small
Sinai is about 100 subpopulations in one
small population contain
a total of 200-250
individuals.
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Total Individuals.............. 100,600 10,650.................... [ap] 11,000 *
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* The current total population could be similar to the population estimated in 2005 and 2006. The population in
Libya is uncertain due to a lack of any field surveys, and we do not have information regarding the population
size in Israel since 2006. Egyptian tortoise populations have experienced habitat degradation because of human
activities since the population estimates in 2005 and 2006.
\1\ (Per[auml]l[auml] 2005; Per[auml]l[auml] 2006).
\2\ (Per[auml]l[auml] 2005; Per[auml]l[auml] 2006; Schneider and Schneider 2008).
\3\ (Baha El Din 2020, pers. comm.; Attum 2019, pers. comm.; Attum 2020, pers. comm.).
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an endangered species or a threatened species. The
Act defines an endangered species as a species that is ``in danger of
extinction throughout all or a significant portion of its range,'' and
a threatened species as a species that is ``likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range.'' The Act requires that we determine
whether any species is an endangered species or a threatened species
because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may either encompass--together or separately--the source of the action
or condition, or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the expected response by the species,
and the effects of the threats--in light of those actions and
conditions that will ameliorate the threats--on an individual,
population, and species level. We evaluate each threat and its expected
effects on the species, and then analyze the cumulative effect of all
of the threats on the species as a whole. We also consider the
cumulative effect of the threats in light of those actions and
conditions that will have positive effects on the species, such as any
existing regulatory mechanisms or conservation efforts. The Secretary
determines whether the species meets the definition of an ``endangered
species'' or a ``threatened species'' only after conducting this
cumulative analysis and describing the expected effect on the species
now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as the
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to
[[Page 62128]]
the species' likely responses to those threats in view of its life-
history characteristics. Data that are typically relevant to assessing
the species' biological response include species-specific factors such
as lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
For the purposes of considering the future condition of Egyptian
tortoise, we considered the threats of habitat loss and degradation and
collection for the pet trade, along with demographic factors of
Egyptian tortoises, and determined that the foreseeable future was
approximately 60 years. This timeline for the foreseeable future is
based on several factors. The Egyptian tortoise matures slowly, and in
the best of conditions has a low reproductive rate. Thus, the species
depends on high survival rates and long reproductive lifespans of
adults to increase population size (Wilbur and Morin 1988, in
D[iacute]az-Paniagua et al. 2001, p. 707). Some threats to species
manifest themselves through demographic changes to the species over a
number of generations. Because of the long generation length (up to 20
years) and slow reproductive rate, demographic responses of the species
to the threats that are already ongoing will manifest increasingly over
a significant period of time. Existing studies already document the
species' responses to threats over the past three generations, or
approximately 60 years (Per[auml]l[auml] 2005, p. 894; Per[auml]l[auml]
2006, p. 61; Rhodin 2020, pers. comm; Rhodin et al. 2017, p. 154; Baha
El Din 1994, p. 6; Baha El Din et al. 2003, p. 651). Therefore, we
conclude that we can reasonably determine the response of the Egyptian
tortoise to the threats described below for at least 60 years.
In addition, world experts have assessed factors relevant to the
status of the species as far out as 60 years, and we conclude that it
is reasonable to rely on that information. For example, as part of our
review we considered and incorporated the information underlying IUCN's
Red List assessment of the species that also takes into account the
decline in abundance and range of the species, levels of exploitation,
and direct observations by experts (IUCN 2012, unpaginated;
Per[auml]l[auml] 2005, p. 897; Per[auml]l[auml] 2006, p. 65). The IUCN
Red List is a membership organization of worldwide experts that
assesses the conservation status of species throughout the world, and
uses a set of qualitative criteria to evaluate extinction risk of
species (IUCN 2021, unpaginated). IUCN's standards and criteria differ
from those in the Act, and the designations are not interchangeable.
However, we found the IUCN's information to be part of the best
scientific and commercial information available for this species, and
that predictions based on IUCN's information for this species can be
reliable over approximately the next 60 years. We also note that IUCN
reasonably projects that the species faces a greater-than-80-percent
chance of extinction in the wild within the next 60 years.
Similarly, the human population is projected to increase within the
range of the species, which will contribute to future habitat loss and
continue the threat of collection of the Egyptian tortoise. The human
population in the species' range has been reliably projected out to at
least 2080 (World Population Review 2020a,b, unpaginated; Osman 2013,
unpaginated; CIA World Fact Book--Israel 2019, unpaginated; World
Population Review 2020c, unpaginated). Climate change projections
reveal it is likely that warming and reduced precipitation across the
region within the next 60 years will also contribute to habitat loss
and affect the species because Egyptian tortoises are highly sensitive
to thermal stress (IPCC 2013, p. 1266; Al-Olaimy 2017, unpaginated;
Baha El Din 2020, pers. comm.). Therefore, based on the best scientific
and commercial data available, we conclude that over a period of 60
years we can reasonably determine that both the future threats to the
species and the species' response to those threats are likely.
Consequently, we identified 60 years, or 2080, as the foreseeable
future for the Egyptian tortoise.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data available
regarding the status of the species, including an assessment of the
potential threats to the species. The SSA report does not represent a
decision by the Service on whether the species should be proposed for
listing as an endangered or threatened species under the Act. However,
it does provide the scientific basis that informs our regulatory
decisions, which involve the further application of standards within
the Act and its implementing regulations and policies. The following is
a summary of the key results and conclusions from the SSA report; the
full SSA report can be found at Docket FWS-HQ-ES-2020-0114 on http://www.regulations.gov.
To assess Egyptian tortoise viability, we used the three
conservation-biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Resiliency
supports the ability of the species to withstand environmental and
demographic stochastic events (for example, those that arise from
random factors), redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events), and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the species' life-history needs.
The next stage involved an assessment of the historical and current
condition of the species' demographics and habitat characteristics,
including an explanation of how the species arrived at its current
condition. The final stage of the SSA involved making predictions about
the species' responses to positive and negative environmental and
anthropogenic (human-caused) influences. Throughout all of these
stages, we used the best available scientific and commercial
information to characterize viability as the ability of a species to
sustain populations in the wild over time. We use this information to
inform our regulatory decision.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
species and its resources, and the threats that influence the species'
current and future condition, in order to assess the species' overall
viability and the risks to that viability.
The Egyptian tortoise needs areas of sandy dunes to more solidified
sands with plant cover from bushes and small shrubs and annual plants
to eat. Based on the Egyptian tortoise's life history and habitat
needs, and in consultation with species' experts, we identified the
stressors that likely affect the species' current condition and overall
viability, as well as the sources of the stressors, and the existing
conservation and regulatory measures that address certain stressors
(Service 2020, pp. 29-51). We
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evaluated all the known stressors that may be currently affecting the
species and to what extent the stressors may affect the species in the
future (Service 2020, pp. 51-55).
Egyptian tortoises face similar threats to their viability
throughout their range, although the magnitude may vary among Libya,
Egypt, and Israel. The primary threats to the Egyptian tortoise are
degradation and loss of habitat and collection of the species for the
pet trade (Service 2020, pp. 30-39). Habitat destruction throughout the
range of the species caused by human activities is the major factor
limiting the availability of suitable habitat necessary for the
species' survival. Habitat loss may also occur because of changing
environmental conditions from climate change.
Habitat Degradation and Loss
Ongoing threats to the species' habitat throughout its range
include urban development, agriculture conversion, grazing activities,
and military exercises (Baha El Din 1994, pp. 2, 6, 11-14; Attum 2019,
pers. comm; Per[auml]l[auml] 2006, p. 62; Baha El Din 2003, pp. 652-
653; Schneider and Schneider 2008, p. 150; Baha El Din 2002, p. 2;
Portnov and Safriel 2004, pp. 667-668; Service 2020, pp. 30-34). Much
of the species' habitat along the Mediterranean coast has been altered
by urban development and agriculture conversion. Additionally,
livestock grazing has dramatically increased in any pockets of habitat
not already converted for agriculture (Baha El Din 1994, p. 11). The
impact of grazing is more subtle than conversion of habitat for
agricultural purposes, but just as devastating because goats and sheep
directly compete with tortoises for annual plants, the tortoise's main
food resource (Baha El Din 1994, p. 12; Baha El Din 2003, p. 653;
Schneider and Schneider 2008, p. 150). Agriculture and grazing are most
intense in the spring, which coincides with peak activity of the
Egyptian tortoise and the growth of annual plants (Baha El Din 1994,
pp. 11, 14). Furthermore, military exercises cause considerable damage
to habitat throughout the species' range (Baha El Din 1994, p. 2; Attum
2019, pers. comm; Per[auml]l[auml] 2006, p. 62).
Most of the land-use changes (urbanization, agriculture conversion,
and grazing) occur within 50 km (31 mi) of the coastline, where the
species and its habitat occur. Over the last 25 years, shrub land
decreased by approximately 22 percent throughout the Libyan and
Egyptian coastline (USGS 2019, unpaginated). Throughout Libya, shrub
land decreased between 9 and 21 percent, with more shrub land lost in
eastern Libya (Cyrenaica). In North Coast and North Sinai, Egypt, shrub
land decreased by 37 and 34 percent, respectively. No information was
available for Israel. Because of the land-use changes and loss of
habitat, the populations in each country have no connectivity across
international borders, including the populations in North Sinai, Egypt
and Israel that are both on the east side of the Nile and are
relatively close in proximity.
Protected areas, national parks, and nature reserves offer some
suitable habitat and protection for the Egyptian tortoise. However,
even the habitat in these areas is degraded and is also used for
pastoral livestock grazing that competes with Egyptian tortoise for
vegetation (Attum et al. 2007b, entire; Baha El Din et al. 2003, p.
653; Attum et al. 2013, p. 74). In Egypt, suitable habitat for the
species currently exists in a few protected areas that are designated
to conserve natural habitats, biodiversity, and optimize economic and
social value (see Figure 9; SSA Report, Service 2020; NCS 2006, pp. 8-
10); however, the species only exists in and on the periphery of
Zaranik Protected Area in North Sinai. In Israel, the species partially
occurs within Holot Agur Nature Reserve (Per[auml]l[auml] 2005, p. 895;
Baha El Din 2003a, in Attum et al. 2007b); the reserve overlaps about
one-fifth of the population in Israel and provides some protection for
a portion of its habitat. Although one Egyptian tortoise was found 20
years ago in Kouf National Park in northeast Libya, we do not have
recent information on the presence or absence of tortoises at this
park. No other protected lands exist in areas of known tortoise
activity in Libya.
Collection
Large numbers of Egyptian tortoises were collected from Egypt
through much of the first half of the 20th century for sale as pets
(Baha El Din 1994, p. 25). The mass collection of the species for the
pet trade was recognized as early as 1933 (Flower 1933, p. 746) and
continued until the late 1970s, by which time the species' population
was extirpated from large parts of the North Coast of Egypt. With the
return of Sinai to Egypt in 1982, another area was open for collectors,
and by the late 1980s, the species' population was severely depleted
throughout Egypt (Baha El Din 1994, p. 25). The population of Egyptian
tortoises in Egypt is very small and managed by locals in the Zaranik
Protected Area and commercial collection of the species is not
currently a factor for the population in North Sinai, Egypt. However,
fear exists that poachers will target the tortoises in this area to
collect for the pet trade (McGrath 2011, unpaginated). Egypt is a major
conduit for smugglers, and Egyptian tortoises are smuggled from Libya
into Egypt.
Currently, collection for the pet trade is the biggest threat to
the species in Libya, which has the largest remaining population of the
species. After political relations between Egypt and Libya improved and
the border between the two countries opened in 1989, Egyptians working
as herders in Libya collected tortoises (both Egyptian tortoises and
Greek tortoises) and smuggled them across the border into Egypt for
local markets and exporting to other countries (Baha El Din 1994, p.
25; CITES uplisting proposal 1995, p. 23). Historically, the species
was exported to European and U.S. markets; now the main export
destination is Asia (Attum 2020, pers. comm.). Collection pressure is
higher in eastern Libya (Cyrenaica), which is considered the heart of
the range, than in the western part of the country, although tortoises
are collected in western Libya and sold to dealers that smuggle them
into Egypt (Baha El Din 2002, p. 2; Baha El Din et al. 2003, p. 653;
Schneider and Schneider 2008, p. 150).
It is common to see tens of Egyptian tortoises for sale in multiple
pet stores or markets in many parts of Egypt as tortoises continue to
be smuggled from Libya (Baha El Din 2020, pers. comm.). The uprising
against the Libyan Government in 2011 temporarily brought smuggling
operations to a halt (McGrath 2011, unpaginated). However, trade of
Egyptian tortoises has returned to levels prior to 2011 (Baha El Din
2020; pers. comm.). Some level of enforcement in Egypt affects
smuggling of Egyptian tortoises from Libya into Egypt (Attum 2020,
pers. comm.; Baha El Din 2020, pers. comm.). Collection of Egyptian
tortoises for the pet trade is minimal in Israel, although some
poaching by agricultural workers does occur.
Climate Change
In our analysis of potential climate-change impacts to the Egyptian
tortoise, we used two scenarios, Representative Concentration Pathway
(RCP) 4.5 and 8.5., to account for uncertainty regarding future
atmospheric greenhouse-gas concentrations within the next century. RCP
4.5 is at the lower end of the intermediate range of conditions
projected while RCP 8.5 is the high end of Intergovernmental Panel on
Climate Change (IPCC) projections of atmospheric conditions. By using
both a high and a lower emissions scenario in
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our projections, we bracketed the likely possibilities for effects from
climate change over the next 60 years.
Climate-change projections for the Mediterranean region, which
includes the Egyptian tortoise's range, reveal warming in all seasons
and likely reduced precipitation projections across subregions and
seasons. Confidence in model projections of mean temperature in this
region is high; it is very likely that temperatures will continue to
increase over the next 60 years in the Mediterranean region (IPCC 2013,
p. 1266; Al-Olaimy 2017, unpaginated). The strongest warming is
projected to take place close to the Mediterranean coast. Warming by at
least 3 [deg]C (5.4 [deg]F) is projected by the end of the century
under RCP 4.5. Under RCP 8.5, mean summer temperatures could be up to 8
[deg]C (14.4 [deg]F) warmer, including more heat extreme days during
the summer (World Bank 2014, p. 114).
Winter mean temperature will rise moderately, whereas summer
warming will likely be more intense. The length, frequency, and
intensity of warm spells or heat waves are very likely to increase
throughout the whole Mediterranean region (IPCC 2013, p. 1266). The
summer months are currently characterized by daily, potentially lethal
maximum daytime temperatures of approximately 32 [deg]C (90 [deg]F)
along the Mediterranean coast and even hotter in the desert and other
interior areas (Weather Channel 2019, unpaginated; Weather and Climate
2019, unpaginated).
Tortoises aestivate under shrubs in the summer when the temperature
is highest, food availability is least, and the warming is projected to
be the most intense. This decrease in activity of Egyptian tortoises
following rising mean ambient temperatures over 30 [deg]C (86 [deg]F)
reflects the strong influence of environmental temperature on their
activity. Egyptian tortoises are highly sensitive to thermal stress,
particularly increased temperature. Therefore, any marginal increase
caused by climatic change would have very limiting effects on their
survival in the wild (Baha El Din 2020, pers. comm.). This impact has
been observed first-hand in captive populations near Cairo, Egypt (only
100 km (62 mi) south of the natural range) (Baha El Din 2020, pers.
comm.). Tortoises are more active during the winter and spring when the
mean temperatures is approximately 15 to 25 [deg]C (59-77 [deg]F).
Although temperature is projected to rise moderately during the winter,
the temperature may not reach levels that are detrimental to the
tortoise.
Regulatory Mechanisms
The Egyptian tortoise is afforded some protection based on existing
regulations in each of the range countries. However, these regulations
have had varying success protecting the species' habitat from
destruction and the species from collection for the pet trade.
Protected areas, national parks, and nature reserves offer some
suitable habitat and protection for the Egyptian tortoise, although
habitat in protected areas is degraded and is subject to livestock
grazing. Additionally, lax enforcement in these areas may provide
opportunities for tortoise poaching and smuggling.
In Egypt, Law 4 (enacted in 1994) became the primary legislation
for environmental management, creating the Nature Conservation Sector
under the Egyptian Environmental Affairs Agency (NCS 2006, p. 4). Law 4
gives protected status to the Egyptian tortoise; it is illegal to
collect, possess, or sell protected species or wild animals, dead or
alive (Baha El Din et al 2003, p. 653). Though enforcement is sporadic,
it is increasing, and implementation and screening at airports for
species listed under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) has resulted in
confiscation of some Egyptian tortoises intended for the illegal pet
trade (Baha El Din et al 2003, p. 653). Egypt's Law 102 (enacted in
1983) provides the legislative framework for establishing and managing
protected areas in Egypt.
Zaranik Protected Area in North Sinai, Egypt, contains Egyptian
tortoise. Local Bedouins manage the native tortoise population in
Zaranik and protect the species from habitat degradation and
collection. A program operated by Bedouin women contributes to raising
awareness for the species through the production of handicrafts with
tortoise motifs (Baha El Din 2003, p. 654; Attum et al. 2007b, p. 399).
In Libya, Law 7 (enacted in 1982), subsequently repealed and
replaced by Law 15 (enacted in 2003), prohibits the catching of
endangered species, their sale, or export (Baha El Din 2002, p. 2;
FAOLEX 2019a, unpaginated). However, lists of species protected in
Libya do not include the Egyptian tortoise (Baha El Din 2002, p. 2;
McGrath 2011, unpaginated). The Egyptian tortoise is covered by a
resolution by the Minister of Agriculture in favor of their protection
and to prevent trading and export (Khalifa in litt., to IUCN/SSC Trade
Specialist Group 1993, in CITES uplisting proposal 1995, p. 25).
However, we have no information to indicate the resolution is
enforceable. Accordingly, domestic regulatory mechanisms for the
conservation of the species in Libya are either non-existent or
potentially lacking enforcement authority.
In Israel, the Wildlife Protection Law (enacted in 1955 and amended
in 1999) has proved to be an effective instrument in the protection of
wildlife. The law was designed to protect birds, mammals, reptiles, and
amphibians. All species of wild animals anywhere in Israel are
completely protected, except for designated pest species and declared
game species (IMFA 1997, unpaginated; Wildlife Protection Law 5715-
1955). The nature reserve Holot Agur in Israel was established in 2010
(Protected Planet 2019, unpaginated). The reserve covers approximately
176 km\2\ (68 mi\2\) of the Holot Agur sands area in the western Negev
Desert and overlaps about one-fifth of the best known and studied
population of Egyptian tortoises in Israel (Buskirk 1993, unpaginated).
Libya, Egypt, and Israel are all Parties to CITES, and Egyptian
tortoise is a CITES-protected species. The Egyptian tortoise was
included in Appendix II of CITES in 1975 under the genus-level listing
of Testudo spp., and the species subsequently was transferred to
Appendix I on February 16, 1995. CITES Appendix I includes species
threatened with extinction that are or may be affected by trade, and
species included in Appendix I receive the highest level of protection
under CITES (CITES Art. II(1), (4), Art. III; 50 CFR part 23).
International trade is permitted only under exceptional circumstances,
and international trade for primarily commercial purposes is
prohibited, with limited exceptions for qualifying specimens bred in
captivity for commercial purposes by CITES-registered facilities and
pre-Convention specimens (CITES Art. II(1), (4), Art. III, Art. VII(2),
(4); 50 CFR part 23). There are currently no CITES-registered breeding
facilities for the species.
Including the Egyptian tortoise in Appendix I of CITES in 1995 was
an important action for the conservation of the species, considering
the decreasing population numbers and the amount of trade occurring up
to the 1970s and 1980s. However, despite their status in Appendix I of
CITES, the best available information indicates that Egyptian tortoises
are illegally traded internationally. The collection pressure from this
illegal trade continues to harm the species, though at a reduced level
to the collection pressure previously attributed to the legal
commercial trade while the species was included in Appendix II (CITES
Trade Database
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2020; Theile et al. 2004, p. iii; Stengel et al. 2011, pp. 10-11, 19).
Current Conditions
The Egyptian tortoise's viability is influenced by its resiliency,
adaptive capacity (representation), and redundancy. Resiliency for the
Egyptian tortoise is measured by population size, distribution, and
health throughout its range. Population size, quality of habitat where
the species occurs (taking into account anthropogenic effects), whether
a population is in a protected area, and the collection pressure of a
population all influence the resiliency of the Egyptian tortoise.
Representation for the Egyptian tortoise can be measured by the
distribution of the species on both sides of the Nile River because of
some ecological diversity in habitat west and east of the river.
Redundancy can be measured by the distribution of resilient populations
across its range.
Under current conditions, the population in Libya has moderate
resiliency. The population has the highest abundance of any population
throughout the species' range; the population occurs in three regions,
consisting of at least 7,500 tortoises. Suitable habitat remains in
Libya; overall the habitat is degraded and the species does not reside
in any protected areas in Libya. The magnitude of habitat loss because
of development is smaller compared to Egypt and Israel. Collection
pressure of the species for the pet trade is highest in Libya.
The population in North Sinai, Egypt, has moderate resiliency. This
population is very small, made up of 5 even smaller subpopulations,
totaling approximately 200-250 tortoises. Grazing of livestock degrades
the habitat. The population in Egypt is not collected for the pet
trade, and partially resides within Zaranik Protected Area that is
managed and protected by the local people in the area.
Similarly, the Egyptian tortoise in Israel is insignificantly
collected for the pet trade, and the population partially overlaps the
Holot Agur Nature Reserve. This population has moderate resiliency
because even though the population may consist of up to 3,000 tortoises
(approximated in 2006), it only occurs within an area up to 1,000 km\2\
(386 mi\2\) in the western Negev Desert, and a suite of human
activities, including urban and agricultural development, and grazing
of livestock continues to degrade the habitat.
The Egyptian tortoise is represented in areas west and east of the
Nile River with some ecological diversity because the substrates where
populations occur vary across its range. West of the Nile, the species
occurs in three regions in Libya with substrates varying from rocky to
soft sand (Schneider and Schneider 2008, p. 145). The Egyptian tortoise
was extirpated from the North Coast and has lost variability of all
habitat types it historically occupied in this part of its range. In
Egypt, the species only occurs east of the Nile in small subpopulations
in North Sinai, in and near Zaranik Protected Area. Also east of the
Nile, the distribution in Israel has not changed since the species was
discovered in 1963, although suitable habitat for the species is likely
reduced because of human activities in the western Negev Desert. The
habitat where the Egyptian tortoise occurs in North Sinai, Egypt, and
in the western Negev Desert in Israel is sandy dunes. Overall, the
Egyptian tortoise occurs in each country (though with only five very
small subpopulations making up one small population that totals
approximately 200-250 specimens in Egypt), west and east of the Nile
River, and maintains some ecological diversity across populations. The
representative habitat types where the species occurs has declined and
is much less than it was historically.
One population in each range country characterizes redundancy for
the Egyptian tortoise. There is no connectivity or overlap (across
international borders) between the Egyptian tortoise populations from
each country. One population occurs in Libya, spread across three
regions along the coast. The best available information provides one
total population size in the country and does not distinguish the
populations within each of the three regions in Libya. The population
in Egypt consists of five very small subpopulations in and on the
periphery of Zaranik Protected Area in North Sinai, in which the
population size is provided as one total population size. One
population occurs in Israel in the western Negev Desert. The reduction
of the overall population, including the extirpation of the species
from North Coast, Egypt, and the fragmentation of the rangewide
populations because of land-use changes that caused habitat loss and
degradation across the species' range, compromises the species' ability
to reoccupy areas within its historical range.
Overall, the Egyptian tortoise occurs in fragmented populations
with moderate resiliency because there are multiple populations, some
of which are partially in protected areas, and ongoing habitat
degradation and collection pressure. The existence of multiple
populations distributed throughout the tortoise's range reduces the
likelihood that any single catastrophic event could affect one or more
of the populations simultaneously. We have not identified any
catastrophic events that would affect the Egyptian tortoise across its
entire range. Therefore, the species has sufficient redundancy to
withstand catastrophic events.
Future Conditions
We projected the resiliency, representation, and redundancy of the
Egyptian tortoise under two plausible future scenarios: (1) A status
quo scenario in which human-caused impacts and tortoise population
responses continue as the current trends indicate; and (2) a reduced-
collection scenario in which the collection of Egyptian tortoises for
the pet trade from Libya decreases as a result of Libyan authorities
enacting regulations that improve enforcement and reduce the collection
of the species. Libyan authorities had been seeking to put an end to
collection and exportation by enacting legislation that would prevent
illegal removal from Libya (Schneider and Schneider 2008, p. 150).
Despite efforts by the Environment General Authority, who along with
local academics have interest in tortoise conservation and poaching
prevention in Libya, the species is still being collected and showing
up in Egyptian markets. Thus, implementing conservation measures in
Scenario 2 (reducing collection in Libya) is uncertain given the
ongoing collection of Egyptian tortoises and geopolitical instability
in Libya.
The two scenarios do not include variance or change in the rate of
habitat loss caused by human activities such as development,
agriculture and grazing, and military activities. The habitat is highly
degraded and continues to degrade throughout the range of the species.
With continued expansion of these activities resulting from an
increasing human population that will increase demand for urban area
and agricultural production, we project that suitable habitat for the
species will continue to decrease in the future. Additionally, effects
from a changing climate are likely to affect the Egyptian tortoise in
the future. The temperature is likely to rise moderately in the winter
with more intense warming in the summer. These effects would likely be
at an earlier date in the future under RCP 8.5 than RCP 4.5 because
warming is projected to be higher under RCP 8.5. However, we do not
have information with a specific temperature threshold (beyond their
preferred temperature range) where Egyptian tortoises would be
affected. The best available
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information indicates that Egyptian tortoises are highly sensitive to
thermal stress, particularly increased temperature. Therefore, any
marginal increase because of climatic change under either RCP, combined
with the loss of habitat (i.e., shrubs needed for thermal buffering),
would likely limit their ability to survive in the wild (Baha El Din
2020, pers. comm.). Furthermore, reduced precipitation is projected in
the Mediterranean region that will likely affect the quantity and
quality of annual plants and woody shrubs that the Egyptian tortoise
uses for food and shelter. We recognize the effects of climate change
in the future but do not differentiate between RCP 4.5 and RCP 8.5 in
the future scenarios because we could not distinguish between RCPs 4.5
and 8.5 at which temperature or timeframe the Egyptian tortoise would
show signs of stress. Factors such as habitat loss and degradation and
collection for the pet trade will have a more immediate and pronounced
effect on the species and its habitat. Therefore, we focus the future
condition on habitat degradation and collection pressure because of
human activities.
Scenario 1
Under Scenario 1, we project that rangewide habitat degradation,
collection pressure in Libya will continue on the same trajectory as
current conditions, and the tortoise population in Libya would be
substantially reduced. The habitat in the North Coast of Egypt has been
substantially degraded, and coupled with collection of the species for
the pet trade, the Egyptian tortoise has been extirpated from the North
Coast of Egypt. We recognize that the human population and development
pressure are higher in North Coast than in Libya. Thus, we would not
expect as much habitat loss from development in Libya. However,
collection of the species for the pet trade in Libya would continue on
the same trajectory resulting in a decrease in population resiliency
from moderate to low.
The population resiliency in North Sinai, Egypt, may decrease from
moderate to low-moderate. Even though about half of the total
population is within a protected area (Zaranik) that is managed by the
local population, and there is no commercial collection pressure, the
population is very small and stressors such as grazing, military
activities, and climate change will continue to degrade the habitat
into the future.
In Israel, the population resiliency would decrease from moderate
to low-moderate. The population partially overlaps a protected area
(Holot Agur) and commercial collection is insignificant; however, the
population only occurs in the western Negev Desert and a suite of human
activities, including urban and agricultural development, will continue
to degrade the habitat and likely reduce population abundance.
Populations in Libya (one population across three regions), North
Sinai, Egypt (one small population made up of five very small
subpopulations), and Israel (one population in western Negev Desert)
would decrease, be fragmented, and we conclude that the resiliency of
the species will decrease from moderate to low-moderate within the
foreseeable future because of ongoing habitat degradation and
collection pressure. A decreasing population of Egyptian tortoise
residing in increasingly degraded habitat reduces the species' ability
to sustain populations in the event of stochastic variation. We project
that the population in Libya would be substantially reduced because of
ongoing collection, but would still occur within the three regions in
Libya at much smaller population sizes. The tortoise populations in
North Sinai, Egypt, and western Negev Desert in Israel would remain,
but would decrease. Therefore, we project the species will continue to
occupy the same areas as it currently occupies. The Egyptian tortoise
would occur in each country, west and east of the Nile River, and
maintain some ecological diversity between the populations, though at
decreasing levels in each population. Thus, representation would likely
be similar to current conditions. However, representative habitat types
in which the species occurs would continue to be much less than it was
historically, and continue to decline.
The Egyptian tortoise would occur in multiple populations
distributed across its range. We have not identified any catastrophic
events that would affect the Egyptian tortoise across its entire range.
Therefore, the species would have redundancy to withstand catastrophic
events.
Scenario 2
Under Scenario 2, we project that rangewide habitat degradation
will continue, but collection pressure in Libya will be reduced. Libyan
authorities and local academics had been seeking to end collection and
exportation of Egyptian tortoise from Libya. We acknowledge that with
the ongoing collection of the species for the pet trade and
geopolitical instability in Libya, implementing conservation measures
to reduce collection for the pet trade is uncertain. Nonetheless, if
collection is reduced, the population in Libya would not decline at the
current trajectory, and at a minimum, the Libyan population of Egyptian
tortoises would decline at a slower rate compared to current
conditions. However, this population would have low to moderate
resiliency within the foreseeable future because the habitat will
continue to be degraded, the population is not in a protected area, and
even if conservation measures are implemented, we conclude some
collection for the pet trade will continue. The populations in North
Sinai, Egypt, and western Negev Desert in Israel would experience a
decrease in resiliency in the foreseeable future as described under
Scenario 1.
Because the populations in Libya, North Sinai in Egypt, and the
western Negev Desert in Israel would remain, the Egyptian tortoise
would occur in each country, west and east of the Nile River, and
represent the same ecological diversity and habitats between the
populations as current conditions, though at decreasing levels in each
population. The species would occupy the same areas as it currently
occupies. Human activities will continue to degrade and encroach on the
tortoise's habitat. Therefore, representative habitat types in which
the species occurs would continue to be much less than it was
historically, and continue to decline. Because we have not identified
any catastrophic event that would affect the species throughout its
range, and the Egyptian tortoise would continue to be distributed from
Libya to Israel, the species will have redundancy to withstand
catastrophic events.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have not
only analyzed individual effects on the Egyptian tortoise, but we have
also analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the species. Our assessment of the
current and future conditions encompasses and incorporates the threats
individually and cumulatively. Our current- and future-condition
assessment is iterative because it accumulates and evaluates the
effects of all the factors that may be influencing the species,
including threats and conservation efforts. Because the SSA framework
considers not just the presence of the factors, but to what degree they
collectively influence risk to the entire species, our assessment
integrates the cumulative effects of the
[[Page 62133]]
factors and replaces a standalone cumulative-effects analysis.
Determination of Egyptian Tortoise Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines ``endangered species'' as a species
in danger of extinction throughout all or a significant portion of its
range, and ``threatened species'' as a species likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. The Act requires that we determine
whether a species meets the definition of ``endangered species'' or
``threatened species'' because of any of the following factors: (A) The
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D) the
inadequacy of existing regulatory mechanisms; or (E) other natural or
manmade factors affecting its continued existence.
Status Throughout All of Its Range
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, we
found that habitat loss and degradation continues throughout the
species' range because of a suite of ongoing human activities, and is
the major factor limiting the availability of suitable habitat (Factor
A). Collection of the species is ongoing and a significant threat in
Libya where the largest remaining population of Egyptian tortoise
occurs (Factor B). Collection for the pet trade is not known to be a
major factor in the North Sinai in Egypt or in Israel, although minimal
poaching likely occurs in Israel. Additionally, the potential exists
that commercial collectors may target Egyptian tortoises in Zaranik
Protected Area in the future. The Egyptian tortoise is afforded some
protection in Egypt and Israel based on existing regulations; however,
these regulations have had minimal success protecting the species and
its habitat. No enforceable conservation measures for the species are
in place in Libya. Including the species in Appendix I of CITES has
substantially reduced the international trade in wild specimens for
primarily commercial purposes since 1995, though some illegal
commercial trade continues despite their status in Appendix I of CITES.
Despite losses in numbers and habitat, approximately 11,000
Egyptian tortoises occur within 7,929-15,857 km\2\ (3,061-6,122 mi\2\)
of suitable habitat across a range that covers the Mediterranean
coastal area of Libya, the North Sinai in Egypt, and the western Negev
Desert in Israel (Per[auml]l[auml] 2005, p. 894; Per[auml]l[auml] 2006,
p. 61; Rhodin 2020, pers. comm.).
Collection for the pet trade is significant in Libya and ongoing,
and the habitat has experienced rangewide degradation because of human
activities. However, the total population is estimated to be about the
same in 2020 as it was in 2005-2006. Based on best available
information, the population over the last 15 years appears to be
steady. This appearance could be an artifact of uncertainty in the
data. It could reflect the possibility that more tortoises exist in
Libya than previously understood or that collection for the pet trade
briefly slowed at the start of the uprising against the Libyan
Government in 2011. A combination of factors could be responsible for
the apparent steadiness of the population. In any case, the species has
representation across its historical range even though it has been
extirpated from North Coast, Egypt. The two populations east of the
Nile River in North Sinai, Egypt, and western Negev Desert, Israel, are
partially in protected areas with varying levels of enforcement.
Therefore, after assessing the best available information, we conclude
the Egyptian tortoise has sufficient resiliency, redundancy, and
representation that with its current numbers and distribution it is not
in danger of extinction throughout all of its range at this time.
We next considered whether the Egyptian tortoise is likely to
become in danger of extinction throughout all of its range within the
foreseeable future, which we determined for the species to be three
generations of the species (approximately 60 years). Based on projected
increases in the human population along the Mediterranean coast within
the range of the species, we expect both the species' population and
habitat to decline into the future because of ongoing habitat
degradation and collection for the pet trade. Additionally, habitat
loss and degradation is likely to be intensified by synergistic effects
associated with the consequences of climate change (Baha El Din 2020,
pers. comm.; IPCC 2013, p. 1266; Al-Olaimy 2017, unpaginated).
Projections for the Mediterranean region reveal warming in all seasons
and reduced precipitation throughout the year. Egyptian tortoises are
highly sensitive to thermal stress, particularly increased temperature.
Therefore, any marginal increase resulting from climatic change,
combined with the loss of habitat (i.e., shrubs needed for thermal
buffering), would limit the species' ability to survive in the wild
(Baha El Din 2020, pers. comm.).
The Egyptian tortoise population appears steady and maintains
sufficient redundancy and representation to maintain viability
throughout its range. Two of the three populations are partially
protected with varying levels of enforcement, though one of these
populations is very small (200-250 specimens) and consists of 5 smaller
subpopulations. However, the species is restricted to the Mediterranean
coast and multiple threats to the species and its habitat that will
cause the population to decline are ongoing. These threats will reduce
the species' population and quality of habitat that remains, thereby
decreasing the resilience of the population into the future. Existing
regulatory measures have had minimal success conserving the species'
habitat and reducing the number of tortoises collected for the pet
trade. Although the species is not in danger of extinction throughout
all of its range now, the factors identified above continue to
negatively affect the Egyptian tortoise and its habitat such that it is
likely to become in danger of extinction within the foreseeable future
throughout all of its range. Based on the best available scientific
studies and information assessing land-use trends, collection pressure,
adequacy of enforcement of laws, projections of temperature increases
because of climate change, and predictions about how those threats may
affect the Egyptian tortoise, we conclude that the Egyptian tortoise
will lack sufficient resiliency, redundancy, and representation for its
continued existence to be secure within the foreseeable future. We
therefore determine that the Egyptian tortoise is likely to be in
danger of extinction within the foreseeable future throughout all of
its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. The court in Center for Biological Diversity v. Everson,
2020 WL 437289 (D.D.C. Jan. 28, 2020) (Center for Biological
Diversity), vacated the aspect of the Final Policy on Interpretation of
the Phrase ``Significant Portion of Its Range'' in the Endangered
Species Act's Definitions of
[[Page 62134]]
``Endangered Species'' and ``Threatened Species'' (79 FR 37578; July 1,
2014) that provided that the Service does not undertake an analysis of
significant portions of a species' range if the species warrants
listing as threatened throughout all of its range. Therefore, we
proceed to evaluating whether the species is endangered in a
significant portion of its range--that is, whether there is any portion
of the species' range for which both (1) the portion is significant;
and (2) the species is in danger of extinction in that portion.
Depending on the case, it might be more efficient for us to address the
``significance'' question or the ``status'' question first. We can
choose to address either question first. Regardless of which question
we address first, if we reach a negative answer with respect to the
first question that we address, we do not need to evaluate the other
question for that portion of the species' range.
Following the court's holding in Center for Biological Diversity,
we now consider whether there are any significant portions of the
species' range where the species is in danger of extinction now (i.e.,
endangered). In undertaking this analysis for Egyptian tortoise, we
choose to address the status question first--we consider information
pertaining to the geographic distribution of both the species and the
threats that the species faces to identify any portions of the range
where the species may be endangered.
For the Egyptian tortoise, we considered whether the threats are
geographically concentrated in any portion of the species' range at a
biologically meaningful scale. We examined the following threats:
Habitat loss and degradation, collection for the pet trade, and small
population size, including cumulative effects. The suite of activities
that has caused and continues to cause the loss and degradation of
habitat such as urban development, agricultural conversion, grazing,
and military exercises occurs throughout the species range and across
all populations throughout the species range. The available data do not
suggest that the threats to the species habitat are concentrated at a
biologically meaningful scale. Therefore, those threats do not
themselves result in the species being in danger of extinction in any
significant portion of its range, although we did consider the
cumulative impacts of habitat threats in the context of the other
threats discussed below.
Collection for the pet trade is the most significant threat to the
species in Libya and concentrated in this part of the species' range
currently. Collection has historically been a significant threat across
Egypt, particularly in the North Coast, which combined with loss of
habitat led to the extirpation of the species from this part of its
range. Collection for the pet trade is not known to be a factor in
North Sinai in Egypt or in the western Negev Desert in Israel, although
minimal poaching likely occurs in Israel, and there is concern that
commercial collectors will target Egyptian tortoises in Zaranik
Protected Area (McGrath 2011, unpaginated). Libya contains the majority
of the entire population of Egyptian tortoises. While the threat of
collection for the pet trade is currently concentrated in Libya, which
is the only population on the west side of the Nile River, the effect
of collection does not place the species in danger of extinction in
this portion of its range, even in combination with other threats to
the species there. In other words, the concentrated collection pressure
in Libya is not severe enough to make the species currently endangered
in this portion of its range.
Additionally, we considered whether the small population of
Egyptian tortoises in North Sinai in Egypt and the moderately sized
population in a small area in the western Negev Desert in Israel may
each be more vulnerable to a loss of genetic diversity and stochastic
environmental events because of their small sizes. However, we have no
information that the species is affected by inbreeding depression, and
we are not aware of likely stochastic environmental events that would
make the species currently in danger of extinction in these portions of
its range.
Thus, there is no portion of the species' range where it may be in
danger of extinction, and we determine that the species is likely to
become in danger of extinction within the foreseeable future throughout
all of its range. Our approach to analyzing significant is consistent
with the courts' holdings in Desert Survivors v. Department of the
Interior, No. 16-cv-01165-JCS, 2018 WL 4053447 (N.D. Cal. Aug. 24,
2018), and Center for Biological Diversity v. Jewell, 248 F. Supp. 3d,
946, 959 (D. Ariz. 2017).
Determination of Status
Our review of the best available scientific and commercial
information indicates that the Egyptian tortoise meets the definition
of a threatened species. Therefore, we propose to list the Egyptian
tortoise as a threatened species in accordance with sections 3(20) and
4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
encourages and results in conservation actions by Federal, State,
Tribal, and local agencies, foreign governments, private organizations,
and individuals. The Act encourages cooperation with the States and
other countries and calls for recovery actions to be carried out for
listed species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
Our regulations at 50 CFR part 402 implement the interagency
cooperation provisions found under section 7 of the Act. Under section
7(a)(1) of the Act, Federal agencies are to use, in consultation with
and with the assistance of the Service, their authorities in
furtherance of the purposes of the Act. Section 7(a)(2) of the Act, as
amended, requires Federal agencies to ensure, in consultation with the
Service, that any action authorized, funded, or carried out by such
agency is not likely to jeopardize the continued existence of a listed
species or result in destruction or adverse modification of its
critical habitat. An action that is subject to the consultation
provisions of section 7(a)(2) is defined in our implementing
regulations at 50 CFR 402.02 as all activities or programs of any kind
authorized, funded, or carried out, in whole or in part, by Federal
agencies in the United States or upon the high seas. With respect to
this species, there are no actions known to require consultation under
section 7(a)(2) of the Act. Given the regulatory definition of
``action,'' which clarifies that it applies to activities or program
``in the United States or upon the high seas,'' the Egyptian tortoise
is unlikely to be the subject of section 7 consultations, because the
entire life cycle of the species occurs in terrestrial areas outside of
the United States unlikely to be affected by U.S. Federal actions.
Additionally, no critical habitat will be designated for this species
because, under 50 CFR 424.12(g), we will not designate critical habitat
within foreign countries or in other areas outside of the jurisdiction
of the United States.
Section 8(a) of the Act (16 U.S.C. 1537(a)) authorizes the
provision of limited financial assistance for the development and
management of
[[Page 62135]]
programs that the Secretary of the Interior determines to be necessary
or useful for the conservation of endangered or threatened species in
foreign countries. Sections 8(b) and 8(c) of the Act (16 U.S.C. 1537(b)
and (c)) authorize the Secretary to encourage conservation programs for
foreign listed species, and to provide assistance for such programs, in
the form of personnel and the training of personnel.
As explained below, the proposed 4(d) rule for the Egyptian
tortoise would, in part, make it illegal for any person subject to the
jurisdiction of the United States to import or export; deliver,
receive, carry, transport, or ship in interstate or foreign commerce,
by any means whatsoever and in the course of commercial activity; or
sell or offer for sale in interstate or foreign commerce any Egyptian
tortoise. It would also be illegal to take (which includes harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or to attempt
any of these) any Egyptian tortoise within the United States or on the
high seas; or possess, sell, deliver, carry, transport, or ship, by any
means whatsoever any Egyptian tortoise that has been taken in violation
of the Act. It would also be unlawful to attempt to commit, to solicit
another to commit or to cause to be committed, any of these acts.
Certain exceptions apply to agents of the Service and State
conservation agencies. An exception is also provided in the proposed
4(d) rule for interstate commerce from public institutions to other
public institutions, specifically museums, zoological parks, and
scientific institutions that meet the definition of ``public'' at 50
CFR 10.12.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits for threatened species are
codified at 50 CFR 17.32, and general Service permitting regulations
are codified at 50 CFR part 13. With regard to threatened wildlife, a
permit may be issued for scientific purposes, to enhance the
propagation or survival of the species, for incidental take in
connection with otherwise lawful activities, as well as for zoological
exhibition, education, and special purposes consistent with the Act.
The Service may also register persons subject to the jurisdiction of
the United States through its captive-bred-wildlife (CBW) program if
certain established requirements are met under the CBW regulations (50
CFR 17.21(g)). Through a CBW registration, the Service may allow a
registrant to conduct certain otherwise prohibited activities under
certain circumstances to enhance the propagation or survival of the
affected species: Take; export or re-import; deliver, receive, carry,
transport, or ship in interstate or foreign commerce, in the course of
a commercial activity; or sell or offer for sale in interstate or
foreign commerce. A CBW registration may authorize interstate purchase
and sale only between entities that both hold a registration for the
taxon concerned. The CBW program is available for species having a
natural geographic distribution not including any part of the United
States and other species that the Director has determined to be
eligible by regulation. The individual specimens must have been born in
captivity in the United States. There are also certain statutory
exemptions from the prohibitions, which are found in sections 9 and 10
of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of the
species proposed for listing. The discussion below regarding protective
regulations under section 4(d) of the Act complies with our policy.
II. Proposed Rule Issued Under Section 4(d) of the Act
Background
Section 4(d) of the Act contains two sentences. The first sentence
states that the ``Secretary shall issue such regulations as he [or she]
deems necessary and advisable to provide for the conservation'' of
species listed as threatened. The U.S. Supreme Court has noted that
statutory language like ``necessary and advisable'' demonstrates a
large degree of deference to the agency (see Webster v. Doe, 486 U.S.
592 (1988)). Conservation is defined in the Act to mean ``the use of
all methods and procedures which are necessary to bring any endangered
species or threatened species to the point at which the measures
provided pursuant to [the Act] are no longer necessary.'' Additionally,
the second sentence of section 4(d) of the Act states that the
Secretary ``may by regulation prohibit with respect to any threatened
species any act prohibited under section 9(a)(1), in the case of fish
or wildlife, or section 9(a)(2), in the case of plants.'' Thus, the
combination of the two sentences of section 4(d) provides the Secretary
with broad discretion to select and promulgate appropriate regulations
tailored to the specific conservation needs of the threatened species.
The second sentence grants particularly broad discretion to the Service
when adopting the prohibitions under section 9.
The courts have recognized the extent of the Secretary's discretion
under this standard to develop rules that are appropriate for the
conservation of a species. For example, courts have upheld rules
developed under section 4(d) as a valid exercise of agency authority
where they prohibited take of threatened wildlife, or include a limited
taking prohibition (see Alsea Valley Alliance v. Lautenbacher, 2007
U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council
v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D.
Wash. 2002)). Courts have also upheld 4(d) rules that do not address
all of the threats a species faces (see State of Louisiana v. Verity,
853 F.2d 322 (5th Cir. 1988)). As noted in the legislative history when
the Act was initially enacted, ``once an animal is on the threatened
list, the Secretary has an almost infinite number of options available
to him with regard to the permitted activities for those species. He
[or she] may, for example, permit taking, but not importation of such
species, or he [or she] may choose to forbid both taking and
importation but allow the transportation of such species'' (H.R. Rep.
No. 412, 93rd Cong., 1st Sess. 1973).
Exercising this authority under section 4(d), we have developed a
proposed rule that is designed to address the Egyptian tortoise's
specific threats and conservation needs. Although the statute does not
require us to make a ``necessary and advisable'' finding with respect
to the adoption of specific prohibitions under section 9, we find that
this proposed rule as a whole satisfies the requirement in section 4(d)
of the Act to issue regulations deemed necessary and advisable to
provide for the conservation of the Egyptian tortoise.
As discussed above under Summary of Biological Status and Threats,
we have concluded that the Egyptian tortoise is likely to become in
danger of extinction within the foreseeable future primarily because of
habitat loss and degradation and collection for the pet trade, in
concert with climate change. Under this proposed 4(d) rule, certain
prohibitions and provisions that apply to endangered wildlife under
section 9(a)(1) prohibitions will help minimize threats that could
cause further declines in the species' status. The provisions of this
proposed 4(d) rule would promote
[[Page 62136]]
conservation of the Egyptian tortoise by ensuring that activities
undertaken with the species by any person under the jurisdiction of the
United States are also supportive of the conservation efforts
undertaken for the species in Libya, Egypt, and Israel, and the
Appendix-I listing under CITES. The provisions of this proposed rule
are one of many tools that we would use to promote the conservation of
the Egyptian tortoise. This proposed 4(d) rule would apply only if and
when we make final the proposed listing of the Egyptian tortoise as a
threatened species.
Provisions of the Proposed 4(d) Rule
In the SSA report and this proposed rule, we identified factors
such as habitat loss and degradation and collection for the pet trade,
in concert with climate change, that have negative effects on this
species and its habitat. Additionally, we have identified existing
regulatory mechanisms in the tortoise's range countries of Libya,
Egypt, and Israel to conserve the Egyptian tortoise, as well as the
international measures of CITES for Appendix-I species. While we have
found these regulatory mechanisms are not sufficient to prevent the
species from likely becoming in danger of extinction within the
foreseeable future throughout all of its range, we recognize the
benefits of these regulations in helping to conserve the species.
This proposed 4(d) rule would provide for the conservation of the
Egyptian tortoise by prohibiting the following activities, except as
otherwise authorized or permitted: Importing or exporting; take;
possession and other acts with unlawfully taken specimens; delivering,
receiving, transporting, or shipping in interstate or foreign commerce
in the course of commercial activity; or selling or offering for sale
in interstate or foreign commerce such unlawfully taken specimens or
offspring of unlawfully taken specimens.
As discussed above under Summary of Biological Status and Threats,
habitat loss and degradation and collection for the pet trade are
affecting the status of the Egyptian tortoise. A suite of activities
has the potential to affect the Egyptian tortoise in its range
countries, including urban development, agricultural conversion,
grazing, military exercises, and collection for the pet trade. Habitat
degradation will continue in the species' range countries. Prohibiting
take (which applies to take within the United States, within the
territorial sea of the United States, or upon the high seas) would
indirectly contribute to conservation of the species in its range
countries of Libya, Egypt, and Israel by helping prevent any captive-
held Egyptian tortoises in the United States being used to establish a
domestic market for trade of Egyptian tortoise parts or for the
commercial pet trade. For the same reason, regulating interstate
commerce in the species in the course of commercial activity by persons
subject to the jurisdiction of the United States can benefit the
species in the wild by limiting demand in the United States to non-
commercial activities and permitted commercial activities for
scientific purposes or to enhance the propagation or survival of the
species in the wild, such as activities associated with bona fide
conservation breeding. The United States is not a primary destination
for Egyptian tortoises. However, collection of the species for the
illegal international pet trade is ongoing. Further regulating import
and export to, from, and through the United States and foreign commerce
by persons subject to the jurisdiction of the United States could deter
breeding and demand for the species, and help conserve the species by
eliminating the United States as a potential market for illegally
collected and traded Egyptian tortoises.
The proposed 4(d) rule also provides an exception for interstate
commerce from public institutions to other public institutions,
specifically museums, zoological parks, and scientific institutions,
meeting the definition of ``public'' at 50 CFR 10.12. Demand for
Egyptian tortoises held at or captive-bred by these types of
institutions in the United States is not substantial nor is it likely
to pose a significant threat to the wild population in the species'
range countries. As defined in our regulations, ``public'' museums,
public zoological parks, and scientific institutions, refers to such as
are open to the general public and are either established, maintained,
and operated as a governmental service or are privately endowed and
organized but not operated for profit. This exception would apply
unless prohibited by CITES regulation, for example if use after import
is restricted under 50 CFR 23.55.
We may issue permits to carry out otherwise prohibited activities,
including those described above, involving threatened wildlife under
certain circumstances. Regulations governing permits are codified at 50
CFR 17.32. With regard to threatened wildlife, a permit may be issued
for the following purposes: For scientific purposes, to enhance
propagation or survival, for economic hardship, for zoological
exhibition, for educational purposes, for incidental taking, or for
special purposes consistent with the purposes of the Act. As noted
above, we may also authorize certain activities associated with
conservation breeding under CBW registrations. We recognize that
captive breeding of wildlife can support conservation, for example by
producing animals that could be used for reintroductions. We are not
aware of any captive-breeding programs for the Egyptian tortoise for
this purpose. There are also certain statutory exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act. This
proposed 4(d) rule, if finalized, would apply to all live and dead
Egyptian tortoise parts and products, and support conservation
management efforts for Egyptian tortoise in the wild in Libya, Egypt,
and Israel.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) need not be prepared
in connection with listing a species as an endangered or threatened
species under the Endangered Species Act. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of references cited in this rulemaking is available
on the
[[Page 62137]]
internet at http://www.regulations.gov and upon request from the Branch
of Delisting and Foreign Species (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the U.S. Fish and Wildlife Service's Species Assessment Team and the
Branch of Delisting and Foreign Species.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Tortoise, Egyptian''
to the List of Endangered and Threatened Wildlife in alphabetical order
under Reptiles to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Tortoise, Egyptian............... Testudo kleinmanni. Wherever found..... T [Federal Register
citation when published
as a final rule]; 50
CFR 17.42(l).\4d\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 17.42 by adding paragraph (l) to read as follows:
Sec. 17.42 Special rules--reptiles.
* * * * *
(l) Egyptian tortoise (Testudo kleinmanni)--(1) Prohibitions. The
following prohibitions that apply to endangered wildlife also apply to
the Egyptian tortoise. Except as provided under paragraph (l)(2) of
this section and Sec. Sec. 17.4 and 17.5, it is unlawful for any
person subject to the jurisdiction of the United States to commit, to
attempt to commit, to solicit another to commit, or cause to be
committed, any of the following acts in regard to this species:
(i) Import or export, as set forth for endangered wildlife at Sec.
17.21(b).
(ii) Take, as set forth for endangered wildlife at Sec.
17.21(c)(1).
(iii) Possession and other acts with unlawfully taken specimens, as
set forth for endangered wildlife at Sec. 17.21(d)(1).
(iv) Interstate or foreign commerce in the course of commercial
activity, as set forth for endangered wildlife at Sec. 17.21(e).
(v) Sale or offer for sale in interstate or foreign commerce, as
set forth for endangered wildlife at Sec. 17.21(f).
(2) Exceptions from prohibitions. In regard to this species, you
may:
(i) Conduct activities as authorized by a permit under Sec. 17.32.
(ii) Sell, offer for sale, deliver, receive, carry, transport, or
ship in interstate commerce live Egyptian tortoises from one public
institution to another public institution, if such activity is in
accordance with 50 CFR part 23. For the purposes of this paragraph,
``public institution'' means a museum, zoological park, and scientific
institution that meets the definition of ``public'' at 50 CFR 10.12.
(iii) Take, as set forth at Sec. 17.21(c)(2) through (4) for
endangered wildlife.
(iv) Possess and engage in other acts, as set forth at Sec.
17.21(d)(2) for endangered wildlife.
(v) Conduct activities as authorized by a captive-bred wildlife
registration under Sec. 17.21(g) for endangered wildlife.
* * * * *
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-23839 Filed 11-8-21; 8:45 am]
BILLING CODE 4333-15-P
