81 FR 76311 - Endangered and Threatened Wildlife and Plants; Adding Ten Species and Updating Five Species on the List of Endangered and Threatened Wildlife
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 212 (November 2, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 212 (November 2, 2016)
| Page Range | 76311-76314 | |
| FR Document | 2016-26241 |
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)] [Rules and Regulations] [Pages 76311-76314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26241] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-HQ-ES-2016-0109; 4500030113] RIN 1018-BB82 Endangered and Threatened Wildlife and Plants; Adding Ten Species and Updating Five Species on the List of Endangered and Threatened Wildlife AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973, as amended (Act), are amending the List of Endangered and Threatened Wildlife (List) by adding: three foreign coral species (Cantharellus noumeae, Siderastrea glynni, and Tubastraea floreana), dusky sea snake (Aipysurus fuscus), Banggai cardinalfish (Pterapogon kauderni), the Tanzanian distinct population segment (DPS) of African coelacanth (Latimeria chalumnae), Nassau grouper (Epinephelus striatus), and three angelshark species (Squatina aculeata, S. oculata, and S. squatina). We are also updating the entries for Puget Sound-Georgia Basin canary rockfish (Sebastes pinniger), Puget Sound-Georgia Basin yelloweye rockfish (Sebastes ruberrimus), lower Columbia River coho salmon (Oncorhynchus kisutch), and the Puget Sound steelhead (Oncorhynchus mykiss) to reflect the designation of critical habitat, and we are updating the entry for the North Atlantic right whale (Eubalaena glacialis) to reflect an applicable rule citation. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. DATES: This rule is effective November 2, 2016. Applicability date: The three coral and dusky sea snake listings were applicable as of November 6, 2015. The Banggai cardinalfish listing was applicable as of February 19, 2016. The Tanzanian DPS of African coelacanth listing was applicable as of April 28, 2016. The Nassau grouper listing was applicable as of July 29, 2016. The three angelshark listings were applicable as of August 31, 2016. The critical habitat designations for the Puget Sound-Georgia Basin canary rockfish (Sebastes pinniger) and Puget Sound-Georgia Basin yelloweye rockfish (Sebastes ruberrimus) were applicable as of February 11, 2015. The critical habitat designations for the lower Columbia River coho salmon (Oncorhynchus kisutch) and the Puget Sound steelhead (Oncorhynchus mykiss) were applicable as of March 25, 2016. The applicable rule citation for the North Atlantic right whale (Eubalaena glacialis) was applicable as of December 6, 2013. FOR FURTHER INFORMATION CONTACT: Sarah Quamme, Chief, Unified Listing Team, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-1796. SUPPLEMENTARY INFORMATION: Background In accordance with the Act (16 U.S.C. 1531 et seq.) and Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS has jurisdiction over the marine and anadromous taxa specified in this rule. Under section 4(a)(1) of the Act, NMFS must decide whether a species under its jurisdiction should be classified as endangered or threatened. Under section 4(a)(3)(A)(i) of the Act, NMFS must designate any habitat of endangered or threatened species which is then considered to be critical habitat. NMFS makes these determinations and critical habitat designations via its rulemaking process. Under section 4(a)(2) of the Act, we, the Service, are then responsible for publishing final rules to amend the List in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 17.11(h). On December 16, 2014, NMFS published a proposed rule (79 FR 74953) to list the dusky sea snake (Aipysurus fuscus) and three foreign corals (Cantharellus noumeae, Siderastrea glynni, and Tubastraea floreana) as endangered species, and the Banggai cardinalfish (Pterapogon kauderni) as a threatened species. NMFS solicited public comments on the proposed rule through February 17, 2015. On October 7, 2015, NMFS published a final rule (80 FR 60560) to list the dusky sea snake and the three foreign coral species as endangered species. On January 20, 2016, NMFS published a final rule (81 FR 3023) to list the Banggai cardinalfish as a threatened species. The listing of the dusky sea snake and three foreign coral species was applicable as of November 6, 2015. The listing of the Banggai cardinalfish was applicable as of February 19, 2016. In the final rules for these species (dusky sea snake and three corals: 80 FR 60560; [[Page 76312]] Banggai cardinalfish: 81 FR 3023), NMFS addressed all public comments received in response to the proposed rule. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). On March 3, 2015, NMFS published a proposed rule (80 FR 11363) to list the Tanzanian DPS of African coelacanth (Latimeria chalumnae) as a threatened species. NMFS solicited public comments on the proposed rule through May 4, 2015. NMFS addressed all public comments received in response to the proposed rule, and on March 29, 2016, NMFS published a final rule (81 FR 17398) to list the Tanzanian DPS of African coelacanth as a threatened species. The listing of the Tanzanian DPS of African coelacanth was applicable as of April 28, 2016. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). On September 2, 2014, NMFS published a proposed rule (79 FR 51929) to list Nassau grouper (Epinephelus striatus) as a threatened species. NMFS solicited public comments on the proposed rule through December 31, 2014. NMFS addressed all public comments received in response to the proposed rule, and on June 29, 2016, NMFS published a final rule (81 FR 42268) to list Nassau grouper as a threatened species. The listing of Nassau grouper was applicable as of July 29, 2016. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). On July 14, 2015, NMFS published a proposed rule (80 FR 40969) to list the sawback angelshark (Squatina aculeata), smoothback angelshark (Squatina oculata), and the common angelshark (Squatina squatina) as endangered species. NMFS solicited public comments on the proposed rule through September 14, 2015. NMFS addressed all public comments received in response to the proposed rule, and on August 1, 2016, NMFS published a final rule (81 FR 50394) to list these three angelshark species as endangered species. The listing of these three angelshark species was applicable as of August 31, 2016. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). We are also updating the entries on the List for the Puget Sound- Georgia Basin canary rockfish (Sebastes pinniger), Puget Sound-Georgia Basin yelloweye rockfish (Sebastes ruberrimus), lower Columbia River coho salmon (Oncorhynchus kisutch), and the Puget Sound steelhead (Oncorhynchus mykiss) to reflect the final designation of critical habitat for these four species. On August 6, 2013, NMFS published a proposed rule (78 FR 47635) identifying critical habitat for the Puget Sound-Georgia Basin DPSs of yelloweye rockfish and canary rockfish. NMFS solicited public comments on the proposed rule through November 4, 2013. On November 13, 2014, NMFS published a final rule (79 FR 68042) designating critical habitat for these two rockfish species. On January 14, 2013, NMFS published a proposed rule (78 FR 2726) identifying critical habitat for the lower Columbia River coho salmon and Puget Sound steelhead. NMFS solicited public comments on the proposed rule through April 15, 2013. On February 24, 2016, NMFS published a final rule (81 FR 9252) designating critical habitat for these two species. The designation of critical habitat for the Puget Sound-Georgia Basin rockfish DPSs was applicable as of February 11, 2015. The designation of critical habitat for the lower Columbia River coho salmon and Puget Sound steelhead was applicable as of March 25, 2016. In the respective final rules (79 FR 68042 and 81 FR 9252), NMFS addressed all public comments received in response to the proposed rules. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). Finally, we are updating the entry on the List for the North Atlantic right whale (Eubalaena glacialis) to reflect the publication of a final rule eliminating the expiration date (or ``sunset clause'') contained in regulations at 50 CFR 224.105 requiring vessel speed restrictions to reduce the likelihood of lethal vessel collisions with North Atlantic right whales. NMFS published the proposed rule on June 6, 2013 (78 FR 34024), and solicited public comments through August 5, 2013. NMFS addressed all public comments received in response to the proposed rule. On December 9, 2013, NMFS published a final rule (78 FR 73726), followed by a correction to the final rule (79 FR 34245, June 16, 2014), removing the sunset clause. By publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). The rulemaking actions discussed above are presented in Table 1. As mentioned above, in all cases, NMFS addressed the public comments received. Table 1--Rulemaking Actions by NMFS ---------------------------------------------------------------------------------------------------------------- Proposed rule Final rule Common name Scientific name publication date, publication Applicability date action date ---------------------------------------------------------------------------------------------------------------- Dusky sea snake............. Aipysurus December 16, 2014 October 7, 2015 November 6, 2015. fuscus. (79 FR 74953), to (80 FR 60560). list as endangered. Coral (no common name)...... Cantharellus December 16, 2014 October 7, 2015 November 6, 2015. noumeae. (79 FR 74953), to (80 FR 60560). list as endangered. Coral (no common name)...... Siderastrea December 16, 2014 October 7, 2015 November 6, 2015. glynni. (79 FR 74953), to (80 FR 60560). list as endangered. Coral (no common name)...... Tubastraea December 16, 2014 October 7, 2015 November 6, 2015. floreana. (79 FR 74953), to (80 FR 60560). list as endangered. Banggai cardinalfish........ Pterapogon December 16, 2014 January 20, February 19, 2016. kauderni. (79 FR 74953), to 2016 (81 FR list as threatened. 3023). African coelacanth Latimeria March 3, 2015 (80 FR March 29, 2016 April 28, 2016. (Tanzanian DPS). chalumnae. 11363), to list as (81 FR 17398). threatened. Nassau grouper.............. Epinephelus September 2, 2014 June 29, 2016 July 29, 2016. striatus. (79 FR 51929), to (81 FR 42268). list as threatened. Sawback angelshark.......... Squatina July 14, 2015 (80 FR August 1, 2016 August 31, 2016. aculeata. 40969), to list as (81 FR 50394). endangered. Smoothback angelshark....... Squatina July 14, 2015 (80 FR August 1, 2016 August 31, 2016. oculata. 40969), to list as (81 FR 50394). endangered. [[Page 76313]] Common angelshark........... Squatina July 14, 2015 (80 FR August 1, 2016 August 31, 2016. squatina. 40969), to list as (81 FR 50394). endangered. Canary rockfish (Puget Sound- Sebastes August 6, 2013 (78 November 13, February 11, 2015. Georgia Basin DPS). pinniger. FR 47635), to 2014 (79 FR designate critical 68042). habitat. Yelloweye rockfish (Puget Sebastes August 6, 2013 (78 November 13, February 11, 2015. Sound-Georgia Basin DPS). ruberrimus. FR 47635), to 2014 (79 FR designate critical 68042). habitat. Coho salmon (lower Columbia Oncorhynchus January 14, 2013 (78 February 24, March 25, 2016. River). kisutch. FR 2726), to 2016 (81 FR designate critical 9252). habitat. Steelhead (Puget Sound DPS). Oncorhynchus January 14, 2013 (78 February 24, March 25, 2016. mykiss. FR 2726), to 2016 (81 FR designate critical 9252). habitat. North Atlantic right whale.. Eubalaena June 6, 2013 (78 FR December 9, December 6, 2013. glacialis. 34024), to 2013 (78 FR eliminate the 73726); ``sunset clause''. correction to final rule on June 16, 2014 (79 FR 34245). ---------------------------------------------------------------------------------------------------------------- Administrative Procedure Act Because NMFS provided a public comment period on the proposed rules for these taxa, and because this action of the Service to amend the List in accordance with the determination by NMFS is nondiscretionary, the Service finds good cause that the notice and public comment procedures of 5 U.S.C. 553(b) are unnecessary for this action. We also find good cause under 5 U.S.C. 553(d)(3) to make this rule effective immediately. The NMFS rules extended protection under the Act to these species and listed them in 50 CFR parts 223 and 224 or designated critical habitat under 50 CFR part 226; this rule is an administrative action to amend the List at 50 CFR 17.11(h) to reflect that NMFS has completed final listing determinations or revisions, or final critical habitat determinations, for these species. The public would not be served by delaying the effective date of this rulemaking action. Required Determinations National Environmental Policy Act We have determined that an environmental assessment, as defined under the authority of the National Environmental Policy Act of 1969, need not be prepared in connection with regulations adopted pursuant to section 4(a) of the Act. We outlined our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, we 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), the List of Endangered and Threatened Wildlife, by: 0 a. Revising the entry for ``Whale, North Atlantic right'' under MAMMALS; 0 b. Adding an entry for ``Sea snake, dusky'' in alphabetical order under REPTILES; 0 c. Adding entries for ``Angelshark, common,'' ``Angelshark, sawback,'' ``Angelshark, smoothback,'' ``Cardinalfish, Banggai,'' ``Coelacanth, African [Tanzanian DPS],'' and ``Grouper, Nassau'' in alphabetical order under FISHES; 0 d. Revising the entries for ``Rockfish, canary [Puget Sound-Georgia Basin DPS],'' ``Rockfish, yelloweye [Puget Sound-Georgia Basin DPS],'' ``Salmon, coho [Lower Columbia River ESU],'' and ``Steelhead [Puget Sound DPS]'' under FISHES; and 0 e. Adding entries for ``Coral, (no common name)'' [Cantharellus noumeae], ``Coral, (no common name)'' [Siderastrea glynni], and ``Coral, (no common name)'' [Tubastraea floreana] in alphabetical order by scientific name under CORALS. The revisions and additions read as follows: Sec. 17.11 Endangered and threatened wildlife. * * * * * (h) * * * ---------------------------------------------------------------------------------------------------------------- Listing citations and Common name Scientific name Where listed Status applicable rules ---------------------------------------------------------------------------------------------------------------- MAMMALS * * * * * * * Whale, North Atlantic right..... Eubalaena Wherever found.... E 35 FR 8491; 6/2/1970, glacialis. 73 FR 12024; 3/6/ 2008,\N\ 76 FR 20558; 4/13/2011, 79 FR 42687; 7/23/2014, 50 CFR 224.103, 50 CFR 224.105, 50 CFR 226.203.\CH\ * * * * * * * REPTILES [[Page 76314]] * * * * * * * Sea snake, dusky................ Aipysurus fuscus.. Wherever found.... E 80 FR 60560; 10/7/ 2015.\N\ * * * * * * * FISHES * * * * * * * Angelshark, common.............. Squatina squatina. Wherever found.... E 81 FR 50394; 8/1/ 2016.\N\ Angelshark, sawback............. Squatina aculeata. Wherever found.... E 81 FR 50394; 8/1/ 2016.\N\ Angelshark, smoothback.......... Squatina oculata.. Wherever found.... E 81 FR 50394; 8/1/ 2016.\N\ * * * * * * * Cardinalfish, Banggai........... Pterapogon Wherever found.... T 81 FR 3023; 1/20/ kauderni. 2016.\N\ * * * * * * * Coelacanth, African [Tanzanian Latimeria Tanzanian DPS--see T 81 FR 17398;. 3/29/ DPS]. chalumnae. 50 CFR 223.102. 2016\N\ * * * * * * * Grouper, Nassau................. Epinephelus Wherever found.... T 81 FR 42268; 6/29/ striatus. 2016.\N\ * * * * * * * Rockfish, canary [Puget Sound- Sebastes pinniger. Puget Sound- T 75 FR 22276; 4/28/ Georgia Basin DPS]. Georgia Basin 2010,\N\ 76 FR 20558; DPS--see 50 CFR 4/13/2011, 79 FR 223.102. 42687; 7/23/2014, 50 CFR 226.224.\CH\ Rockfish, yelloweye [Puget Sound- Sebastes Puget Sound- T 75 FR 22276; 4/28/ Georgia Basin DPS]. ruberrimus. Georgia Basin 2010,\N\ 76 FR 20558; DPS--see 50 CFR 4/13/2011, 79 FR 223.102. 42687; 7/23/2014, 50 CFR 226.224.\CH\ * * * * * * * Salmon, coho [Lower Columbia Oncorhynchus Lower Columbia T 70 FR 37160; 6/28/ River ESU]. kisutch. River ESU--see 50 2005,\N\ 76 FR 20558; CFR 223.102. 4/13/2011, 79 FR 42687; 7/23/2014, 50 CFR 223.203,\4d\ 50 CFR 226.212.\CH\ * * * * * * * Steelhead [Puget Sound DPS]..... Oncorhynchus Puget Sound DPS-- T 72 FR 26722; 5/11/ mykiss. see 50 CFR 2007,\N\ 76 FR 20558; 223.102. 4/13/2011, 79 FR 42687; 7/23/2014, 50 CFR 223.203,\4d\ 50 CFR 226.212.\CH\ * * * * * * * CORALS * * * * * * * Coral, (no common name)......... Cantharellus Wherever found.... E 80 FR 60560; 10/7/ noumeae. 2015.\ N\ * * * * * * * Coral, (no common name)......... Siderastrea glynni Wherever found.... E 80 FR 60560; 10/7/ 2015.\ N\ Coral, (no common name)......... Tubastraea Wherever found.... E 80 FR 60560; 10/7/ floreana. 2015.\ N\ * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: October 14, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-26241 Filed 11-1-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations 76311
procedures for the effective operation of DEPARTMENT OF THE INTERIOR pinniger) and Puget Sound-Georgia
the program. Among these procedures Basin yelloweye rockfish (Sebastes
are the following: Fish and Wildlife Service ruberrimus) were applicable as of
(i) The Department will implement February 11, 2015. The critical habitat
the program by utilizing best 50 CFR Part 17 designations for the lower Columbia
commercial practices to the extent [Docket No. FWS–HQ–ES–2016–0109; River coho salmon (Oncorhynchus
practicable. 4500030113] kisutch) and the Puget Sound steelhead
(ii) An effective communication plan (Oncorhynchus mykiss) were applicable
RIN 1018–BB82 as of March 25, 2016. The applicable
that includes efforts to educate
beneficiaries in order to optimize rule citation for the North Atlantic right
Endangered and Threatened Wildlife
participation and satisfaction will be whale (Eubalaena glacialis) was
and Plants; Adding Ten Species and
implemented. applicable as of December 6, 2013.
Updating Five Species on the List of
Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT:
(iii) Beneficiaries with active retail
prescriptions for a medication on the Sarah Quamme, Chief, Unified Listing
AGENCY: Fish and Wildlife Service, Team, U.S. Fish and Wildlife Service,
maintenance medication list will be
Interior. MS–ES, 5275 Leesburg Pike, Falls
notified that their medication is
included under the program. ACTION: Final rule. Church, VA 22041–3803; 703–358–
Beneficiaries will be advised that they 1796.
SUMMARY: We, the U.S. Fish and
may receive two 30 day fill at retail SUPPLEMENTARY INFORMATION:
Wildlife Service (Service), in
while they transition their prescription Background
accordance with the Endangered
to the mail order program.
Species Act of 1973, as amended (Act), In accordance with the Act (16 U.S.C.
(iv) Requests for a third fill at retail are amending the List of Endangered
will result in 100% patient cost shares 1531 et seq.) and Reorganization Plan
and Threatened Wildlife (List) by No. 4 of 1970 (35 FR 15627; October 6,
and will be blocked from any TRICARE adding: three foreign coral species
payments and the beneficiary advised to 1970), NMFS has jurisdiction over the
(Cantharellus noumeae, Siderastrea marine and anadromous taxa specified
call the pharmacy benefits manager glynni, and Tubastraea floreana), dusky
(PBM) for assistance. in this rule. Under section 4(a)(1) of the
sea snake (Aipysurus fuscus), Banggai Act, NMFS must decide whether a
(v) The PBM will provide a toll free cardinalfish (Pterapogon kauderni), the species under its jurisdiction should be
number to assist beneficiaries in Tanzanian distinct population segment classified as endangered or threatened.
transferring their prescriptions from (DPS) of African coelacanth (Latimeria Under section 4(a)(3)(A)(i) of the Act,
retail to the mail order program. With chalumnae), Nassau grouper NMFS must designate any habitat of
the beneficiary’s permission, the PBM (Epinephelus striatus), and three endangered or threatened species which
will contact the physician or other angelshark species (Squatina aculeata, is then considered to be critical habitat.
health care provider who prescribed the S. oculata, and S. squatina). We are also NMFS makes these determinations and
medication to assist in transferring the updating the entries for Puget Sound- critical habitat designations via its
prescription to the mail order program. Georgia Basin canary rockfish (Sebastes rulemaking process. Under section
(vi) In any case in which a beneficiary pinniger), Puget Sound-Georgia Basin 4(a)(2) of the Act, we, the Service, are
required under paragraph (r) of this yelloweye rockfish (Sebastes then responsible for publishing final
section to obtain a maintenance ruberrimus), lower Columbia River coho rules to amend the List in title 50 of the
medication prescription refill from salmon (Oncorhynchus kisutch), and the Code of Federal Regulations (CFR) at 50
national mail order pharmacy program Puget Sound steelhead (Oncorhynchus CFR 17.11(h).
and attempts instead to refill such mykiss) to reflect the designation of On December 16, 2014, NMFS
medications at a retail pharmacy, the critical habitat, and we are updating the published a proposed rule (79 FR
PBM will also maintain the toll free entry for the North Atlantic right whale 74953) to list the dusky sea snake
number to assist the beneficiary. This (Eubalaena glacialis) to reflect an (Aipysurus fuscus) and three foreign
assistance may include information on applicable rule citation. These corals (Cantharellus noumeae,
how to request a waiver, consistent with amendments are based on previously Siderastrea glynni, and Tubastraea
paragraph (r)(4)(iii) of this section, or in published determinations by the floreana) as endangered species, and the
taking any other appropriate action to National Marine Fisheries Service Banggai cardinalfish (Pterapogon
meet the beneficiary’s needs and to (NMFS) of the National Oceanic and kauderni) as a threatened species.
implement the program. Atmospheric Administration, NMFS solicited public comments on the
(vii) The PBM will ensure that a Department of Commerce, which has proposed rule through February 17,
pharmacist is available at all times jurisdiction for these species. 2015. On October 7, 2015, NMFS
through the toll-free telephone number DATES: This rule is effective November published a final rule (80 FR 60560) to
to answer beneficiary questions or 2, 2016. Applicability date: The three list the dusky sea snake and the three
provide other appropriate assistance. coral and dusky sea snake listings were foreign coral species as endangered
(6) This program will remain in effect applicable as of November 6, 2015. The species. On January 20, 2016, NMFS
indefinitely with any adjustments or Banggai cardinalfish listing was published a final rule (81 FR 3023) to
modifications required by law. applicable as of February 19, 2016. The list the Banggai cardinalfish as a
* * * * * Tanzanian DPS of African coelacanth threatened species.
listing was applicable as of April 28, The listing of the dusky sea snake and
ehiers on DSK5VPTVN1PROD with RULES
Dated: October 28, 2016. 2016. The Nassau grouper listing was three foreign coral species was
Aaron Siegel, applicable as of July 29, 2016. The three applicable as of November 6, 2015. The
Alternate OSD Federal Register Liaison angelshark listings were applicable as of listing of the Banggai cardinalfish was
Officer, Department of Defense. August 31, 2016. The critical habitat applicable as of February 19, 2016. In
[FR Doc. 2016–26432 Filed 11–1–16; 8:45 am] designations for the Puget Sound- the final rules for these species (dusky
BILLING CODE 5001–06–P Georgia Basin canary rockfish (Sebastes sea snake and three corals: 80 FR 60560;
VerDate Sep<11>2014 13:32 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1](https://thefederalregister.org/doc/81_FR_76523/page/1.svg)
![Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations 76313
TABLE 1—RULEMAKING ACTIONS BY NMFS—Continued
Final rule publication
Common name Scientific name Proposed rule publication date, action Applicability date
date
Common angelshark ... Squatina squatina ...... July 14, 2015 (80 FR 40969), to list as en- August 1, 2016 (81 August 31, 2016.
dangered. FR 50394).
Canary rockfish (Puget Sebastes pinniger ...... August 6, 2013 (78 FR 47635), to designate November 13, 2014 February 11, 2015.
Sound-Georgia critical habitat. (79 FR 68042).
Basin DPS).
Yelloweye rockfish Sebastes ruberrimus .. August 6, 2013 (78 FR 47635), to designate November 13, 2014 February 11, 2015.
(Puget Sound-Geor- critical habitat. (79 FR 68042).
gia Basin DPS).
Coho salmon (lower Oncorhynchus kisutch January 14, 2013 (78 FR 2726), to designate February 24, 2016 (81 March 25, 2016.
Columbia River). critical habitat. FR 9252).
Steelhead (Puget Oncorhynchus mykiss January 14, 2013 (78 FR 2726), to designate February 24, 2016 (81 March 25, 2016.
Sound DPS). critical habitat. FR 9252).
North Atlantic right Eubalaena glacialis .... June 6, 2013 (78 FR 34024), to eliminate the December 9, 2013 (78 December 6, 2013.
whale. ‘‘sunset clause’’. FR 73726); correc-
tion to final rule on
June 16, 2014 (79
FR 34245).
Administrative Procedure Act not be prepared in connection with ■ b. Adding an entry for ‘‘Sea snake,
Because NMFS provided a public regulations adopted pursuant to section dusky’’ in alphabetical order under
comment period on the proposed rules 4(a) of the Act. We outlined our reasons REPTILES;
for these taxa, and because this action for this determination in the Federal ■ c. Adding entries for ‘‘Angelshark,
of the Service to amend the List in Register on October 25, 1983 (48 FR common,’’ ‘‘Angelshark, sawback,’’
accordance with the determination by 49244). ‘‘Angelshark, smoothback,’’
NMFS is nondiscretionary, the Service List of Subjects in 50 CFR Part 17 ‘‘Cardinalfish, Banggai,’’ ‘‘Coelacanth,
finds good cause that the notice and African [Tanzanian DPS],’’ and
Endangered and threatened species,
public comment procedures of 5 U.S.C. ‘‘Grouper, Nassau’’ in alphabetical order
553(b) are unnecessary for this action. Exports, Imports, Reporting and
under FISHES;
We also find good cause under 5 U.S.C. recordkeeping requirements,
Transportation. ■ d. Revising the entries for ‘‘Rockfish,
553(d)(3) to make this rule effective canary [Puget Sound-Georgia Basin
immediately. The NMFS rules extended Regulation Promulgation DPS],’’ ‘‘Rockfish, yelloweye [Puget
protection under the Act to these Accordingly, we amend part 17, Sound-Georgia Basin DPS],’’ ‘‘Salmon,
species and listed them in 50 CFR parts subchapter B of chapter I, title 50 of the coho [Lower Columbia River ESU],’’ and
223 and 224 or designated critical Code of Federal Regulations, as set forth ‘‘Steelhead [Puget Sound DPS]’’ under
habitat under 50 CFR part 226; this rule below: FISHES; and
is an administrative action to amend the
List at 50 CFR 17.11(h) to reflect that ■ e. Adding entries for ‘‘Coral, (no
PART 17—ENDANGERED AND
NMFS has completed final listing THREATENED WILDLIFE AND PLANTS common name)’’ [Cantharellus
determinations or revisions, or final noumeae], ‘‘Coral, (no common name)’’
critical habitat determinations, for these ■ 1. The authority citation for part 17 [Siderastrea glynni], and ‘‘Coral, (no
species. The public would not be served continues to read as follows: common name)’’ [Tubastraea floreana]
by delaying the effective date of this in alphabetical order by scientific name
Authority: 16 U.S.C. 1361–1407; 1531–
rulemaking action. 1544; and 4201–4245, unless otherwise under CORALS.
noted. The revisions and additions read as
Required Determinations
■ 2. Amend § 17.11(h), the List of follows:
National Environmental Policy Act Endangered and Threatened Wildlife, § 17.11 Endangered and threatened
We have determined that an by: wildlife.
environmental assessment, as defined ■ a. Revising the entry for ‘‘Whale,
under the authority of the National North Atlantic right’’ under * * * * *
Environmental Policy Act of 1969, need MAMMALS; (h) * * *
Common name Scientific name Where listed Status Listing citations and applicable rules
MAMMALS
* * * * * * *
Whale, North Atlantic Eubalaena glacialis ........ Wherever found .............. E 35 FR 8491; 6/2/1970, 73 FR 12024; 3/6/2008,N
right. 76 FR 20558; 4/13/2011, 79 FR 42687; 7/23/
ehiers on DSK5VPTVN1PROD with RULES
2014, 50 CFR 224.103, 50 CFR 224.105, 50
CFR 226.203.CH
* * * * * * *
REPTILES
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![76314 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations
Common name Scientific name Where listed Status Listing citations and applicable rules
* * * * * * *
Sea snake, dusky ............ Aipysurus fuscus ............ Wherever found .............. E 80 FR 60560; 10/7/2015.N
* * * * * * *
FISHES
* * * * * * *
Angelshark, common ...... Squatina squatina .......... Wherever found .............. E 81 FR 50394; 8/1/2016.N
Angelshark, sawback ...... Squatina aculeata .......... Wherever found .............. E 81 FR 50394; 8/1/2016.N
Angelshark, smoothback Squatina oculata ............ Wherever found .............. E 81 FR 50394; 8/1/2016.N
* * * * * * *
Cardinalfish, Banggai ...... Pterapogon kauderni ...... Wherever found .............. T 81 FR 3023; 1/20/2016.N
* * * * * * *
Coelacanth, African [Tan- Latimeria chalumnae ...... Tanzanian DPS—see 50 T 81 FR 17398;. 3/29/2016N
zanian DPS]. CFR 223.102.
* * * * * * *
Grouper, Nassau ............. Epinephelus striatus ....... Wherever found .............. T 81 FR 42268; 6/29/2016.N
* * * * * * *
Rockfish, canary [Puget Sebastes pinniger .......... Puget Sound-Georgia T 75 FR 22276; 4/28/2010,N 76 FR 20558; 4/13/
Sound-Georgia Basin Basin DPS—see 50 2011, 79 FR 42687; 7/23/2014, 50 CFR
DPS]. CFR 223.102. 226.224.CH
Rockfish, yelloweye Sebastes ruberrimus ...... Puget Sound-Georgia T 75 FR 22276; 4/28/2010,N 76 FR 20558; 4/13/
[Puget Sound-Georgia Basin DPS—see 50 2011, 79 FR 42687; 7/23/2014, 50 CFR
Basin DPS]. CFR 223.102. 226.224.CH
* * * * * * *
Salmon, coho [Lower Co- Oncorhynchus kisutch .... Lower Columbia River T 70 FR 37160; 6/28/2005,N 76 FR 20558; 4/13/
lumbia River ESU]. ESU—see 50 CFR 2011, 79 FR 42687; 7/23/2014, 50 CFR
223.102. 223.203,4d 50 CFR 226.212.CH
* * * * * * *
Steelhead [Puget Sound Oncorhynchus mykiss .... Puget Sound DPS—see T 72 FR 26722; 5/11/2007,N 76 FR 20558; 4/13/
DPS]. 50 CFR 223.102. 2011, 79 FR 42687; 7/23/2014, 50 CFR
223.203,4d 50 CFR 226.212.CH
* * * * * * *
CORALS
* * * * * * *
Coral, (no common Cantharellus noumeae ... Wherever found .............. E 80 FR 60560; 10/7/2015. N
name).
* * * * * * *
Coral, (no common Siderastrea glynni .......... Wherever found .............. E 80 FR 60560; 10/7/2015. N
name).
Coral, (no common Tubastraea floreana ....... Wherever found .............. E 80 FR 60560; 10/7/2015. N
name).
* * * * * * *
Dated: October 14, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–26241 Filed 11–1–16; 8:45 am]
BILLING CODE 4333–15–P
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Document Created: 2016-11-02 01:41:08
Document Modified: 2016-11-02 01:41:08
| 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 | Final rule. | |
| Contact | Sarah Quamme, Chief, Unified Listing Team, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-1796. | |
| FR Citation | 81 FR 76311 | |
| RIN Number | 1018-BB82 | |
| CFR Associated | Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation |
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