81 FR 29165 - Endangered and Threatened Wildlife; Technical Corrections for Eight Wildlife Species on the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 91 (May 11, 2016)

Page Range		29165-29166
FR Document		2016-11039

We, the U.S. Fish and Wildlife Service (Service), are withdrawing, in part, a February 17, 2016, direct final rule that revises the taxonomy of eight wildlife species under the Endangered Species Act of 1973, as amended (Act). For the Newell's Townsend's shearwater (Puffinus auricularis newelli), we received significant adverse comments relating to additional scientific research relevant to its taxonomic classification; therefore, we are withdrawing the amendments in the direct final rule for this species only. The amendments in the direct final rule for the other seven species (Oahu elepaio (Chasiempis ibidis), Kauai akialoa (Akialoa stejnegeri), akiapolaau (Hemignathus wilsoni), Kauai nukupuu (Hemignathus hanapepe), Maui nukupuu (Hemignathus affinis), Hawaii akepa (Loxops coccineus), and Maui akepa (Loxops ochraceus)) will be effective on May 17, 2016.

Federal Register, Volume 81 Issue 91 (Wednesday, May 11, 2016)

[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29165-29166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11039]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2016-0006; FXES11130900000C6-167-FF09E42000]
RIN 1018-BA89


Endangered and Threatened Wildlife; Technical Corrections for 
Eight Wildlife Species on the List of Endangered and Threatened 
Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Partial withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
withdrawing, in part, a February 17, 2016, direct final rule that 
revises the taxonomy of eight wildlife species under the Endangered 
Species Act of 1973, as amended (Act). For the Newell's Townsend's 
shearwater (Puffinus auricularis newelli), we received significant 
adverse comments relating to additional scientific research relevant to 
its taxonomic classification; therefore, we are withdrawing the 
amendments in the direct final rule for this species only. The 
amendments in the direct final rule for the other seven species (Oahu 
elepaio (Chasiempis ibidis), Kauai akialoa (Akialoa stejnegeri), 
akiapolaau (Hemignathus wilsoni), Kauai nukupuu (Hemignathus hanapepe), 
Maui nukupuu (Hemignathus affinis), Hawaii akepa (Loxops coccineus), 
and Maui akepa (Loxops ochraceus)) will be effective on May 17, 2016.

DATES: Effective May 11, 2016, the Service withdraws amendatory 
instructions 2.f and 2.g published at 81 FR 8007 on February 17, 2016.

ADDRESSES: The direct final rule may be found online at http://www.regulations.gov under Docket No. FWS-R1-ES-2016-0006.

FOR FURTHER INFORMATION CONTACT: Marilet Zablan, Program Manager for 
Restoration and Endangered Species Classification, U.S. Fish and 
Wildlife Service, Pacific Regional Office, Ecological Services, 911 NE 
11th Avenue, Portland, OR 97232; telephone 503-231-6131. Individuals 
who are hearing impaired or speech impaired may call the Federal Relay 
Service at 800-877-8337 for TTY (telephone typewriter or 
teletypewriter) assistance 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

Background

    Our regulations at 50 CFR 17.11(b) direct us to use the most 
recently accepted scientific names for species on the List of 
Endangered and Threatened Wildlife (50 CFR 17.11(h)). Accordingly, on 
February 17, 2016, we published in the Federal Register a direct final 
rule (81 FR 8004) to revise the taxonomy and nomenclature of eight 
Hawaiian bird species listed under section 4 of the Act (16 U.S.C. 1531 
et seq.). All of these changes are supported by peer-reviewed 
scientific studies and reflect the taxonomy that has been accepted by 
the American Ornithologists' Union (AOU) in the most recent supplements 
to the Check-list of North American Birds. Specific references relevant 
to each species are cited in the text of the February 17, 2016, direct 
final rule, and are posted as supporting documents at http://www.regulations.gov under Docket No. FWS-R1-ES-2016-0006.
    Consequently, we published the direct final rule without a prior 
proposal because we considered it a noncontroversial action that was in 
the best interest of the public and should be undertaken in as timely a 
manner as possible. We stated that if we received significant adverse 
comments regarding the taxonomic changes for any of these species, we 
would publish a document in the Federal Register withdrawing this rule 
for the appropriate species before the effective date. Significant 
adverse comments are comments that provide strong justifications as to 
why the rule should not be adopted or why it should be changed.

Comments on the Direct Final Rule

    We received three comments on the direct final rule. One of these 
comments called our attention to recently published genetic research on 
shearwaters (Mart[iacute]nez-G[oacute]mez et al. 2015) that recommends 
maintaining the Hawaiian taxon newelli (Newell's Townsend's shearwater, 
or Newell's shearwater) as a subspecies of the Townsend's shearwater, 
under the scientific name Puffinus auricularis newelli. This 
recommendation is contrary to the determination of the direct final 
rule and the AOU Checklist Committee (Chesser et al. 2015) that 
Newell's shearwater is a distinct species (Puffinus newelli). The 
commenter requested that this discrepancy be further considered before 
we adopt the taxonomic change set forth in the direct final rule. 
Another commenter discussed behavioral differences between Newell's 
shearwater and Townsend's shearwater, while also providing a link to an 
article

[[Page 29166]]

summarizing the Mart[iacute]nez-G[oacute]mez research results. We 
concur that these comments are significant and that the taxonomic 
status of Newell's shearwater merits further consideration. Therefore, 
we are withdrawing that portion of the direct final rule concerning the 
listed entity Newell's Townsend's shearwater (Puffinus auricularis 
newelli). In the future, we may propose changes in the taxonomy of 
Newell's Townsend's shearwater with opportunity for further public 
comment.
    Other topics discussed in the comments were not specific to the 
taxonomic issues raised in the direct final rule. We did not receive 
significant adverse comments concerning the taxonomy of the Oahu 
elepaio, Kauai akialoa, akiapolaau, Kauai nukupuu, Maui nukupuu, Hawaii 
akepa, or Maui akepa.

Partial Withdrawal of the Direct Final Rule

    For the reasons stated above, we withdraw amendatory instructions 
2.f and 2.g of the direct final rule published on February 17, 2016, at 
81 FR 8004-8007.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

    Dated: April 28, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-11039 Filed 5-10-16; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations 29165

(3) This program provides two DEPARTMENT OF THE INTERIOR Background
categories of Fellowships: Merit Our regulations at 50 CFR 17.11(b)
Fellowships and Distinguished Fish and Wildlife Service
direct us to use the most recently
Fellowships. accepted scientific names for species on
50 CFR Part 17
(i) To be eligible for a Distinguished the List of Endangered and Threatened
Fellowship, an individual must have Wildlife (50 CFR 17.11(h)). Accordingly,
[Docket No. FWS–R1–ES–2016–0006; on February 17, 2016, we published in
seven or more years of research FXES11130900000C6–167–FF09E42000]
experience in subject areas, methods, or the Federal Register a direct final rule
techniques relevant to disability and (81 FR 8004) to revise the taxonomy and
RIN 1018–BA89 nomenclature of eight Hawaiian bird
rehabilitation research and must have a
doctorate, other terminal degree, or species listed under section 4 of the Act
Endangered and Threatened Wildlife;
comparable academic qualifications. (16 U.S.C. 1531 et seq.). All of these
Technical Corrections for Eight
changes are supported by peer-reviewed
(ii) The Director awards Merit Wildlife Species on the List of
scientific studies and reflect the
Fellowships to individuals in earlier Endangered and Threatened Wildlife
taxonomy that has been accepted by the
stages of their careers in research. To be AGENCY: Fish and Wildlife Service, American Ornithologists’ Union (AOU)
eligible for a Merit Fellowship, an Interior. in the most recent supplements to the
individual must have either advanced Check-list of North American Birds.
ACTION: Partial withdrawal of direct
professional training or experience in final rule. Specific references relevant to each
independent study in an area which is species are cited in the text of the
directly pertinent to disability and SUMMARY: We, the U.S. Fish and February 17, 2016, direct final rule, and
rehabilitation. Wildlife Service (Service), are are posted as supporting documents at
(c) Fellowships will be awarded in the withdrawing, in part, a February 17, http://www.regulations.gov under
form of a grant to eligible individuals. 2016, direct final rule that revises the Docket No. FWS–R1–ES–2016–0006.
taxonomy of eight wildlife species Consequently, we published the
(d) In making a final selection of under the Endangered Species Act of direct final rule without a prior proposal
applicants to support under this 1973, as amended (Act). For the because we considered it a
program, the Director considers the Newell’s Townsend’s shearwater noncontroversial action that was in the
extent to which applicants present a (Puffinus auricularis newelli), we best interest of the public and should be
unique opportunity to effect a major received significant adverse comments undertaken in as timely a manner as
advance in knowledge, address critical relating to additional scientific research possible. We stated that if we received
problems in innovative ways, present relevant to its taxonomic classification; significant adverse comments regarding
proposals which are consistent with the therefore, we are withdrawing the the taxonomic changes for any of these
Institute’s Long-Range Plan, build amendments in the direct final rule for species, we would publish a document
research capacity within the field, or this species only. The amendments in in the Federal Register withdrawing
complement and significantly increases the direct final rule for the other seven this rule for the appropriate species
the potential value of already planned species (Oahu elepaio (Chasiempis before the effective date. Significant
research and related activities. ibidis), Kauai akialoa (Akialoa adverse comments are comments that
stejnegeri), akiapolaau (Hemignathus provide strong justifications as to why
Subpart E—Special Projects and wilsoni), Kauai nukupuu (Hemignathus the rule should not be adopted or why
Demonstrations for Spinal Cord hanapepe), Maui nukupuu it should be changed.
Injuries (Hemignathus affinis), Hawaii akepa Comments on the Direct Final Rule
(Loxops coccineus), and Maui akepa
§ 1330.40 Spinal cord injuries program. (Loxops ochraceus)) will be effective on We received three comments on the
May 17, 2016. direct final rule. One of these comments
(a) This program provides assistance
DATES: Effective May 11, 2016, the
called our attention to recently
to establish innovative projects for the
Service withdraws amendatory published genetic research on
delivery, demonstration, and evaluation shearwaters (Martı́nez-Gómez et al.
of comprehensive medical, vocational, instructions 2.f and 2.g published at 81
FR 8007 on February 17, 2016. 2015) that recommends maintaining the
independent living, and rehabilitation Hawaiian taxon newelli (Newell’s
services to meet the wide range of needs ADDRESSES: The direct final rule may be
Townsend’s shearwater, or Newell’s
of individuals with spinal cord injuries. found online at http:// shearwater) as a subspecies of the
(b) The agencies and organizations www.regulations.gov under Docket No. Townsend’s shearwater, under the
FWS–R1–ES–2016–0006. scientific name Puffinus auricularis
eligible to apply under this program are
described in § 1330.2. FOR FURTHER INFORMATION CONTACT: newelli. This recommendation is
Marilet Zablan, Program Manager for contrary to the determination of the
[FR Doc. 2016–10853 Filed 5–10–16; 8:45 am]
Restoration and Endangered Species direct final rule and the AOU Checklist
BILLING CODE P Classification, U.S. Fish and Wildlife Committee (Chesser et al. 2015) that
Service, Pacific Regional Office, Newell’s shearwater is a distinct species
Ecological Services, 911 NE 11th (Puffinus newelli). The commenter
Avenue, Portland, OR 97232; telephone requested that this discrepancy be
jstallworth on DSK7TPTVN1PROD with RULES

503–231–6131. Individuals who are further considered before we adopt the
hearing impaired or speech impaired taxonomic change set forth in the direct
may call the Federal Relay Service at final rule. Another commenter
800–877–8337 for TTY (telephone discussed behavioral differences
typewriter or teletypewriter) assistance between Newell’s shearwater and
24 hours a day, 7 days a week. Townsend’s shearwater, while also
SUPPLEMENTARY INFORMATION: providing a link to an article

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29166 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

summarizing the Martı́nez-Gómez SUMMARY: NMFS issues this final rule to requested public comment (81 FR 5978).
research results. We concur that these implement measures described in On February 26, 2016, NMFS published
comments are significant and that the Amendment 7 to the Fishery a proposed rule for the AM Application
taxonomic status of Newell’s shearwater Management Plan (FMP) for the Reef Amendment and regulatory
merits further consideration. Therefore, Fish Fishery of Puerto Rico and the U.S. clarifications not contained in the
we are withdrawing that portion of the Virgin Islands (USVI) (Reef Fish FMP), amendment and requested public
direct final rule concerning the listed Amendment 6 to the FMP for the Spiny comment (81 FR 9800). The proposed
entity Newell’s Townsend’s shearwater Lobster Fishery of Puerto Rico and the rule and the AM Application
(Puffinus auricularis newelli). In the USVI (Spiny Lobster FMP), Amendment Amendment outline the rationale for the
future, we may propose changes in the 5 to the FMP for Corals and Reef actions contained in this final rule. A
taxonomy of Newell’s Townsend’s Associated Plants and Invertebrates of summary of the actions implemented by
shearwater with opportunity for further Puerto Rico and the USVI (Coral FMP), the AM Application Amendment and
public comment. and Amendment 4 to the FMP for the this final rule is provided below.
Other topics discussed in the Queen Conch Resources of Puerto Rico The final rule implementing
comments were not specific to the and the USVI (Queen Conch FMP), as Amendment 2 to the Queen Conch FMP
taxonomic issues raised in the direct prepared by the Caribbean Fishery and Amendment 5 to the Reef Fish FMP
final rule. We did not receive significant Management Council (Council). In (2010 Caribbean Annual Catch Limit
adverse comments concerning the combination, these amendments (ACL) Amendment) established ACLs
taxonomy of the Oahu elepaio, Kauai represent the Application of and AMs for species/species groups that
akialoa, akiapolaau, Kauai nukupuu, Accountability Measures (AM) were at the time experiencing
Maui nukupuu, Hawaii akepa, or Maui Amendment (AM Application overfishing (i.e., parrotfish, snapper,
akepa. Amendment). The AM Application grouper, queen conch) (76 FR 82404,
Amendment resolves an existing December 30, 2011). The final rule
Partial Withdrawal of the Direct Final inconsistency between language in the implementing Amendment 3 to the
Rule FMPs and the regulations implementing Queen Conch FMP, Amendment 6 to the
For the reasons stated above, we the application of AMs in the U.S. Reef Fish FMP, Amendment 5 to the
withdraw amendatory instructions 2.f Caribbean exclusive economic zone Spiny Lobster FMP, and Amendment 3
and 2.g of the direct final rule published (EEZ). The purpose of the AM to the Coral FMP (2011 Caribbean ACL
on February 17, 2016, at 81 FR 8004– Application Amendment is to ensure Amendment) established ACLs and
8007. the authorizing FMPs are consistent AMs for the remaining Council-
with the regulations governing AMs in managed species/species groups which
List of Subjects in 50 CFR Part 17 the Caribbean EEZ. Additionally, this were not undergoing overfishing at the
Endangered and threatened species, final rule clarifies the AM closure time or for which the overfishing status
Exports, Imports, Reporting and provisions, the application of the spiny was unknown (e.g., grunts, squirrelfish,
recordkeeping requirements, lobster ACL in the Puerto Rico jacks, spiny lobster) (76 FR 82414,
Transportation. management area of the Caribbean EEZ, December 30, 2011). As described at
and the minimum size limit for queen § 622.12(a) for reef fish, spiny lobster,
Dated: April 28, 2016.
conch in the Caribbean EEZ. and corals and at § 622.491(b) for queen
Stephen Guertin,
DATES: This final rule is effective June conch, the current AM regulations in
Acting Director, U.S. Fish and Wildlife the Caribbean EEZ require NMFS to
Service. 10, 2016.
ADDRESSES: Electronic copies of the AM shorten the length of the fishing season
[FR Doc. 2016–11039 Filed 5–10–16; 8:45 am] for a species/species group in the year
Application Amendment, which
BILLING CODE 4333–15–P
includes an environmental assessment, following a determination that the
a Regulatory Flexibility Act (RFA) applicable 3-year landings average
analysis, and a regulatory impact review exceeded the respective ACL, unless
DEPARTMENT OF COMMERCE may be obtained from the Southeast NMFS determines that the exceedance
Regional Office Web site at http:// is due to enhanced data collection and
National Oceanic and Atmospheric monitoring efforts. The extent to which
Administration sero.nmfs.noaa.gov/sustainable_
fisheries/caribbean/index.html. fishing seasons are shortened in the year
following an ACL overage equates to the
50 CFR Part 622 FOR FURTHER INFORMATION CONTACT:
number of days necessary to account for
Marı́a del Mar López, telephone: 727–
[Docket No. 150623546–6395–02] the overage and to constrain landings to
824–5305; email: maria.lopez@ the ACL. Pursuant to regulations at
RIN 0648–BF18 noaa.gov. §§ 622.12(a) and 622.491(b), any such
SUPPLEMENTARY INFORMATION: In the AM-based closures apply only during
Fisheries of the Caribbean, Gulf of Caribbean EEZ, the reef fish, spiny the fishing year for which they are
Mexico, and South Atlantic; lobster, queen conch, and corals and implemented. However, the AM closure
Amendments to the Reef Fish, Spiny reef associated plants and invertebrates language in the four FMPs states that
Lobster, Queen Conch, and Corals and fisheries are managed under their any AM-based closure ‘‘will remain in
Reef Associated Plants and respective FMPs. The FMPs were effect until modified by the Council,’’
Invertebrates Fishery Management prepared by the Council and are thereby carrying these closures over
Plans of Puerto Rico and the U.S. implemented through regulations at 50 from year to year, unless or until the
jstallworth on DSK7TPTVN1PROD with RULES

Virgin Islands CFR part 622 under the authority of the closures are revised by subsequent
AGENCY: National Marine Fisheries Magnuson-Stevens Fishery Council action.
Service (NMFS), National Oceanic and Conservation and Management Act The AM Application Amendment
Atmospheric Administration (NOAA), (Magnuson-Stevens Act). corrects this inconsistency, between the
Commerce. On February 4, 2016, NMFS language in the FMPs and the regulatory
published a notice of availability for the language at §§ 622.12(a) and 622.491(b),
ACTION: Final rule.
AM Application Amendment and by revising the language within the four

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Document Created: 2016-05-11 01:12:02
Document Modified: 2016-05-11 01:12:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Partial withdrawal of direct final rule.
Dates		Effective May 11, 2016, the Service withdraws amendatory instructions 2.f and 2.g published at 81 FR 8007 on February 17, 2016.
Contact		Marilet Zablan, Program Manager for Restoration and Endangered Species Classification, U.S. Fish and Wildlife Service, Pacific Regional Office, Ecological Services, 911 NE 11th Avenue, Portland, OR 97232; telephone 503-231-6131. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800-877-8337 for TTY (telephone typewriter or teletypewriter) assistance 24 hours a day, 7 days a week.
FR Citation		81 FR 29165
RIN Number		1018-BA89
CFR Associated		Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

81 FR 29165 - Endangered and Threatened Wildlife; Technical Corrections for Eight Wildlife Species on the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 91 (May 11, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service