81 FR 8001 - Eagle Permits; Removal of Regulations Extending Maximum Permit Duration of Programmatic Nonpurposeful Take Permits
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 31 (February 17, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 31 (February 17, 2016)
| Page Range | 8001-8004 | |
| FR Document | 2016-03084 |
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)] [Rules and Regulations] [Pages 8001-8004] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03084] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 13 and 22 [Docket No. FWS-HQ-MB-2015-0155; FF09M21200-167-FXMB123209EAGL0L2] RIN 1018-BB20 Eagle Permits; Removal of Regulations Extending Maximum Permit Duration of Programmatic Nonpurposeful Take Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that had the effect of vacating provisions of regulations governing eagle nonpurposeful take permits that extended the maximum term of programmatic permits to 30 years. Pursuant to the U.S. District Court for the Northern District of California's order dated August 11, 2015, and subsequent order amending judgment dated September 16, 2015, this rule removes regulatory provisions that extended maximum programmatic permit duration1 to 30 years and reinstates the previous 5-year limit. DATES: This action is effective February 17, 2016. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov at Docket No. FWS-HQ-MB-2015-0155. It will also be available for inspection, by appointment, during normal business hours at U.S. Fish and Wildlife Service, Headquarters Office, 5275 Leesburg Pike, Falls Church, Virginia 22041-3803. Call (703) 358-2329 to make arrangements. FOR FURTHER INFORMATION CONTACT: Eliza Savage, Eagle Program Manager, at the Headquarters Office (see ADDRESSES) or telephone (703) 358-2329. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance. SUPPLEMENTARY INFORMATION: Background In 2009, the Service published a rule authorizing the incidental take of eagles under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) (74 FR 46836, September 11, 2009). The rule authorized programmatic permits to cover long-term, incidental take of eagles by individual projects, including wind-energy facilities. On December 9, 2013, the Service published a rule to extend the maximum tenure for programmatic permits for nonpurposeful take of eagles from 5 to 30 years (78 FR 73704). The change was intended to promote the responsible development of projects that will be in operation for many decades and bring them into compliance with statutory mandates protecting eagles. In addition to extending the maximum term of programmatic permits, the rule added provisions for 5-year evaluations of longer term permits, increased the permit application processing fees for programmatic eagle permits, and provided permit transfer and right-of-succession for eagle nonpurposeful take permits. In 2014, a lawsuit was filed challenging the 2013 rule on the basis that the Service improperly excluded analysis of any environmental effects of the rule under the National [[Page 8002]] Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) by invoking one of the Department's categorical exclusions. The plaintiffs also argued that the Service had not adequately consulted under section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.). On August 11, 2015, the Northern District of California ruled in favor of the plaintiffs on the NEPA claim (but not the ESA claim) and set aside the 2013 rulemaking (Shearwater v. Ashe, (N. D. Cal. 2015) No.14-CV-02830-LHK (N. Dist. Ca, Aug. 11, 2015)). In a subsequent order, the judge clarified that the ruling applied only to the provisions of the rule challenged by plaintiffs, namely those provisions directly related to extending the tenure of eagle incidental take permits from 5 to 30 years (Shearwater v. Ashe, No. 5:14-cv-02830 LHK (Sep. 16, 2015)). Therefore, this rule removes only the provisions related to increasing permit tenure and not the other provisions of the December 9, 2013, final rule. Administrative Procedure This rulemaking is necessary to comply with the August 11, 2015, court order and September 16, 2015, clarification. Therefore, under these circumstances, we have determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and opportunity for public comment are impractical and unnecessary. Public opportunity for comment is simply not required when an agency amends a regulation to comply with a court order. When an agency removes regulatory provisions set aside by a court order, that action is ministerial in nature and allows for no discretion on the part of the agency. Thus, public comment could not inform this process in any meaningful way. Moreover, this amendment will effectively reinstate provisions that were part of the earlier 2009 rulemaking, which complied with public notice and comment rulemaking procedures, rendering further notice and comment on those reinstated provisions unnecessary. We have further determined, pursuant to 5 U.S.C. 553(d)(3), that the agency has good cause to make this rule effective upon publication, which is to comply with the District Court's order as soon as practicable. List of Subjects 50 CFR Part 13 Administrative practice and procedure, Exports, Fish, Imports, Plants, Reporting and recordkeeping requirements, Transportation, Wildlife. 50 CFR Part 22 Birds, Exports, Imports, Migratory birds, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation To comply with the court order and mandate discussed above, we amend subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 13--GENERAL PERMIT PROCEDURES 0 1. The authority citation for part 13 continues to read as follows: Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701. 0 2. Revise the table in Sec. 13.11(d)(4) to read as set forth below: Sec. 13.11 Application procedures. * * * * * (d) * * * (4) * * * ---------------------------------------------------------------------------------------------------------------- Permit application Administration Type of permit CFR Citation fee fee\1\ Amendment fee ---------------------------------------------------------------------------------------------------------------- Migratory Bird Treaty Act ---------------------------------------------------------------------------------------------------------------- Migratory Bird Import/Export...... 50 CFR part 21....... 75................... .............. .............. Migratory Bird Banding or Marking. 50 CFR part 21....... No fee............... .............. .............. Migratory Bird Scientific 50 CFR part 21....... 100.................. .............. 50 Collecting. Migratory Bird Taxidermy.......... 50 CFR part 21....... 100.................. .............. .............. Waterfowl Sale and Disposal....... 50 CFR part 21....... 75................... .............. .............. Special Canada Goose.............. 50 CFR part 21....... No fee............... .............. .............. Migratory Bird Special Purpose/ 50 CFR part 21....... 75................... .............. .............. Education. Migratory Bird Special Purpose/ 50 CFR part 21....... 75................... .............. .............. Salvage. Migratory Bird Special Purpose/ 50 CFR part 21....... 75................... .............. .............. Game Bird Propagation. Migratory Bird Special Purpose/ 50 CFR part 21....... 100.................. .............. .............. Miscellaneous. Falconry.......................... 50 CFR part 21....... 100.................. .............. .............. Raptor Propagation................ 50 CFR part 21....... 100.................. .............. .............. Migratory Bird Rehabilitation..... 50 CFR part 21....... 50................... .............. .............. Migratory Bird Depredation........ 50 CFR part 21....... 100.................. .............. 50 Migratory Bird Depredation/ 50 CFR part 21....... 50................... .............. .............. Homeowner. ---------------------------------------------------------------------------------------------------------------- Bald and Golden Eagle Protection Act ---------------------------------------------------------------------------------------------------------------- Eagle Scientific Collecting....... 50 CFR part 22....... 100.................. .............. 50 Eagle Exhibition.................. 50 CFR part 22....... 75................... .............. .............. Eagle Falconry.................... 50 CFR part 22....... 100.................. .............. .............. Eagle--Native American Religion... 50 CFR part 22....... No fee............... .............. .............. Eagle Take permits--Depredation 50 CFR part 22....... 100.................. .............. .............. and Protection of Health and Safety. Golden Eagle Nest Take............ 50 CFR part 22....... 100.................. .............. 50 Eagle Transport--Scientific or 50 CFR part 22....... 75................... .............. .............. Exhibition. Eagle Transport--Native American 50 CFR part 22....... No fee............... .............. .............. Religious Purposes. Eagle Take--Associated With But 50 CFR part 22....... 500.................. .............. 150 Not the Purpose of an Activity. Eagle Take--Associated With But 50 CFR part 22....... 36,000............... 2,600 1,000 Not the Purpose of an Activity-- Programmatic, up to 5-year tenure. [[Page 8003]] Eagle Take--Associated With But 50 CFR part 22....... 1,000................ .............. .............. Not the Purpose of an Activity-- Transfer of a programmatic permit. Eagle Nest Take................... 50 CFR part 22....... 500.................. .............. 150 Eagle Nest Take--Programmatic..... 50 CFR part 22....... 1,000................ .............. 500 Eagle Take--Exempted under ESA.... 50 CFR part 22....... No fee............... .............. .............. ---------------------------------------------------------------------------------------------------------------- Endangered Species Act/CITES/Lacey Act ---------------------------------------------------------------------------------------------------------------- ESA Recovery...................... 50 CFR part 17....... 100.................. .............. 50 ESA Interstate Commerce........... 50 CFR part 17....... 100.................. .............. 50 ESA Enhancement of Survival (Safe 50 CFR part 17....... 50................... .............. 25 Harbor Agreement). ESA Enhancement of Survival 50 CFR part 17....... 50................... .............. 25 (Candidate Conservation Agreement with Assurances). ESA Incidental Take (Habitat 50 CFR part 17....... 100.................. .............. 50 Conservation Plan). ESA and CITES Import/Export and 50 CFR part 17....... 100.................. .............. 50 Foreign Commerce. ESA and CITES Museum Exchange..... 50 CFR part 17....... 100.................. .............. 50 ESA Captive-bred Wildlife 50 CFR part 17....... 200.................. .............. 100 Registration. --Renewal of Captive-bred Wildlife 50 CFR part 17....... 100.................. .............. .............. Registration. CITES Import (including trophies 50 CFR parts 17, 18, 100.................. .............. 50 under ESA and MMPA). 23. CITES Export...................... 50 CFR part 23....... 100.................. .............. 50 CITES Pre-Convention.............. 50 CFR part 23....... 75................... .............. 40 CITES Certificate of Origin....... 50 CFR part 23....... 75................... .............. 40 CITES Re-export................... 50 CFR part 23....... 75................... .............. 40 CITES Personal Effects and Pet 50 CFR part 23....... 50................... .............. .............. Export/Re-export. CITES Appendix II Export (native 50 CFR part 23....... 100.................. .............. 50 furbearers and alligators-- excluding live animals). CITES Master File (includes files 50 CFR part 23....... 200.................. .............. 100 for artificial propagation, biomedical, etc., and covers import, export, and re-export documents). --Renewal of CITES Master File.... 50 CFR part 23....... 100.................. .............. .............. --Single-use permits issued on 50 CFR part 23....... 5 \2\................ .............. .............. Master File. CITES Annual Program File......... 50 CFR part 23....... 50................... .............. .............. --Single-use permits issued under 50 CFR part 23....... 5 \2\................ .............. .............. Annual Program. CITES replacement documents (lost, 50 CFR part 23....... 50................... .............. 50 stolen, or damaged documents). CITES Passport for Traveling 50 CFR part 23....... 75 \3\............... .............. .............. Exhibitions and Pets. CITES/ESA Passport for Traveling 50 CFR part 23....... 100 \3\.............. .............. .............. Exhibitions. CITES Introduction from the Sea... 50 CFR part 23....... 100.................. .............. 50 CITES Participation in the Plant 50 CFR part 23....... No fee............... .............. .............. Rescue Center Program. CITES Registration of Commercial 50 CFR part 23....... 100.................. .............. .............. Breeding Operations for Appendix- I Wildlife. CITES Request for Approval of an 50 CFR part 23....... No fee............... .............. .............. Export Program for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator). Import/Export License............. 50 CFR part 14....... 100.................. .............. 50 Designated Port Exception......... 50 CFR part 14....... 100.................. .............. 50 Injurious Wildlife Permit......... 50 CFR part 16....... 100.................. .............. 50 --Transport Authorization for 50 CFR part 16....... 25................... .............. .............. Injurious Wildlife. ---------------------------------------------------------------------------------------------------------------- Wild Bird Conservation Act (WBCA) ---------------------------------------------------------------------------------------------------------------- Personal Pet Import............... 50 CFR part 15....... 50................... .............. .............. WBCA Scientific Research, 50 CFR part 15....... 100.................. .............. 50 Zoological Breeding or Display, Cooperative Breeding. WBCA Approval of Cooperative 50 CFR part 15....... 200.................. .............. 100 Breeding Program. --Renewal of a WBCA Cooperative 50 CFR part 15....... 50................... .............. .............. Breeding Program. WBCA Approval of a Foreign 50 CFR part 15....... 250 \4\.............. .............. .............. Breeding Facility. ---------------------------------------------------------------------------------------------------------------- Marine Mammal Protection Act ---------------------------------------------------------------------------------------------------------------- Marine Mammal Public Display...... 50 CFR part 18....... 300.................. .............. 150 Marine Mammal Scientific Research/ 50 CFR part 18....... 150.................. .............. 75 Enhancement/Registered Agent or Tannery. --Renewal of Marine Mammal 50 CFR part 18....... 75................... .............. .............. Scientific Research/Enhancement/ Registered Agent or Tannery. ---------------------------------------------------------------------------------------------------------------- \1\ Assessed when a permit is issued. \2\ Each. \3\ Per animal. \4\ Per species. [[Page 8004]] * * * * * PART 22--EAGLE PERMITS 0 3. The authority citation for part 22 continues to read as follows: Authority: 16 U.S.C. 668-668d; 16 U.S.C. 703-712; 16 U.S.C. 1531-1544. 0 4. Amend Sec. 22.26 as follows: 0 a. By removing paragraph (h); 0 b. By redesignating paragraphs (i) and (j) as paragraphs (h) and (i); and 0 c. By revising the newly designated paragraph (h) to read as set forth below: Sec. 22.26 Permits for eagle take that is associated with, but not the purpose of, an activity. * * * * * (h) Permit duration. The duration of each permit issued under this section will be designated on its face, and will be based on the duration of the proposed activities, the period of time for which take will occur, the level of impacts to eagles, and mitigation measures, but will not exceed 5 years. * * * * * Dated: February 2, 2016. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016-03084 Filed 2-16-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 8001
economic inducement, or other means PART 1180—RAILROAD ACQUISITION, extended the maximum term of
(‘‘interchange commitment’’). CONTROL, MERGER, programmatic permits to 30 years.
Futhermore, 49 CFR 1180.4(g)(4)(i) will CONSOLIDATION PROJECT, Pursuant to the U.S. District Court for
now state that if such a provision or TRACKAGE RIGHTS, AND LEASE the Northern District of California’s
agreement exists, additional information PROCEDURES order dated August 11, 2015, and
must be provided (the information in subsequent order amending judgment
paragraphs (g)(4)(i)(B), (D), and (G) of ■ 1. The authority for part 1180 dated September 16, 2015, this rule
this section may be filed with the Board continues to read as follows: removes regulatory provisions that
under 49 CFR 1104.14(a) and will be Authority: 5 U.S.C. 553 and 559; 11 U.S.C. extended maximum programmatic
kept confidential without need for the 1172; 49 U.S.C. 721, 10502, 11323–11325. permit duration1 to 30 years and
filing of an accompanying motion for a reinstates the previous 5-year limit.
■ 2. Amend § 1180.4 by revising
protective order under 49 CFR DATES: This action is effective February
paragraphs (g)(4)(i) introductory text to
1104.14(b)). 17, 2016.
As this action relates solely to the read as follows:
ADDRESSES: This final rule is available
rules of agency practice and procedure, 1180.4 Procedures. on the Internet at http://
it will be issued as a final rule without * * * * * www.regulations.gov at Docket No.
requesting public comment.1 5 U.S.C. (g) * * * FWS–HQ–MB–2015–0155. It will also
553(b)(3)(A). (4) Transactions imposing be available for inspection, by
In the 2013 Final Rules, the Board interchange commitments. (i) The filing appointment, during normal business
certified that the rules as amended hours at U.S. Fish and Wildlife Service,
party must certify whether or not a
would not have a significant economic Headquarters Office, 5275 Leesburg
proposed acquisition or operation of a
impact on a substantial number of small Pike, Falls Church, Virginia 22041–
rail line involves a provision or
entities within the meaning of the 3803. Call (703) 358–2329 to make
agreement that may limit future
Regulatory Flexibility Act of 1980 arrangements.
interchange with a third-party
(RFA), 5 U.S.C. 601–612. 2013 Final
connecting carrier, whether by outright FOR FURTHER INFORMATION CONTACT:
Rules 8. The Board further analyzed the
prohibition, per-car penalty, adjustment Eliza Savage, Eagle Program Manager, at
burdens associated with the additional
in the purchase price or rental, positive the Headquarters Office (see ADDRESSES)
filing requirements pursuant to
economic inducement, or other means or telephone (703) 358–2329.
Paperwork Reduction Act (PRA), 44
(‘‘interchange commitment’’). If such a Individuals who are hearing impaired or
U.S.C. 3501–3549 and stated its belief
provision or agreement exists, the speech impaired may call the Federal
that the additional disclosure
following additional information must Relay Service at 1–800–877–8337 for
requirements would not discourage
be provided (the information in TTY assistance.
parties from entering into efficiency-
paragraphs (g)(4)(i)(B), (D), and (G) of SUPPLEMENTARY INFORMATION:
enhancing transactions. See 2013 Final
this section may be filed with the Board
Rules 6, 8. Those analyses and Background
under 49 CFR 1104.14(a) and will be
conclusions apply equally to this
kept confidential without need for the In 2009, the Service published a rule
decision, and therefore, we adopt those
filing of an accompanying motion for a authorizing the incidental take of eagles
analyses and conclusions and certify
protective order under 49 CFR under the Bald and Golden Eagle
under 5 U.S.C. 605(b) that this final rule
1104.14(b)): Protection Act (16 U.S.C. 668–668d) (74
will not have a significant economic
impact on a substantial number of small * * * * * FR 46836, September 11, 2009). The
entities within the meaning of the RFA. [FR Doc. 2016–03199 Filed 2–16–16; 8:45 am] rule authorized programmatic permits to
BILLING CODE 4915–01–P cover long-term, incidental take of
List of Subjects in 49 CFR Part 1180 eagles by individual projects, including
Administrative practice and wind-energy facilities. On December 9,
procedure, Railroads, Reporting and DEPARTMENT OF THE INTERIOR 2013, the Service published a rule to
recordkeeping requirements. extend the maximum tenure for
It is ordered: Fish and Wildlife Service programmatic permits for
1. The Board adopts the final rule as nonpurposeful take of eagles from 5 to
set forth in this decision. Notice of the 50 CFR Parts 13 and 22 30 years (78 FR 73704). The change was
adopted rules will be published in the [Docket No. FWS–HQ–MB–2015–0155; intended to promote the responsible
Federal Register. FF09M21200–167–FXMB123209EAGL0L2] development of projects that will be in
2. This decision is effective on the operation for many decades and bring
RIN 1018–BB20 them into compliance with statutory
date of publication.
By the Board, Chairman Elliot, Vice
mandates protecting eagles. In addition
Eagle Permits; Removal of Regulations
Chairman Miller, and Commissioner Begman. to extending the maximum term of
Extending Maximum Permit Duration
Raina S. Contee, programmatic permits, the rule added
of Programmatic Nonpurposeful Take
provisions for 5-year evaluations of
Clearance Clerk. Permits
longer term permits, increased the
For the reasons set forth in the AGENCY: Fish and Wildlife Service, permit application processing fees for
preamble, the Surface Transportation Interior. programmatic eagle permits, and
asabaliauskas on DSK5VPTVN1PROD with RULES
Board amends part 1180 title 49, chapter provided permit transfer and right-of-
ACTION: Final rule.
X, of the Code of Federal Regulations as succession for eagle nonpurposeful take
follows: SUMMARY: We, the U.S. Fish and permits.
Wildlife Service (Service), are issuing In 2014, a lawsuit was filed
1 Board procedures allow for the issue of final
this final rule to comply with a court challenging the 2013 rule on the basis
rules without notice or comment when those rules
are interpretive, general statements of policy, or
order that had the effect of vacating that the Service improperly excluded
relate to organization, procedure, or practice before provisions of regulations governing analysis of any environmental effects of
the Board. See 49 CFR 1110.3(a). eagle nonpurposeful take permits that the rule under the National
VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1](https://thefederalregister.org/doc/81_FR_8032/page/1.svg)
![8004 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
* * * * * comment is received regarding this rule should not be adopted or why
taxonomic changes for any of these it should be changed.
PART 22—EAGLE PERMITS species, we will publish in the Federal If we receive significant adverse
Register a timely withdrawal of the rule comments regarding the taxonomic
■ 3. The authority citation for part 22 changes for any of these species, we will
for the appropriate species.
continues to read as follows: publish a document in the Federal
ADDRESSES: You may submit comments
Authority: 16 U.S.C. 668–668d; 16 U.S.C. by one of the following methods: Register withdrawing this rule for the
703–712; 16 U.S.C. 1531–1544. • Electronically: Go to the Federal appropriate species before the effective
■ 4. Amend § 22.26 as follows: eRulemaking Portal: http:// date, and we will publish a proposed
■ a. By removing paragraph (h); www.regulations.gov. Follow the rule to initiate promulgation of those
■ b. By redesignating paragraphs (i) and instructions for submitting comments to changes to 50 CFR 17.11(h).
(j) as paragraphs (h) and (i); and FWS–R1–ES–2016–0006, which is the Public Comments
■ c. By revising the newly designated docket number for this rulemaking.
paragraph (h) to read as set forth below: • By hard copy: Submit comments by You may submit your comments and
U.S. mail or hand-delivery to: Public materials regarding this direct final rule
§ 22.26 Permits for eagle take that is by one of the methods listed in
associated with, but not the purpose of, an
Comments Processing, Attn: FWS–R1–
ADDRESSES. Please include sufficient
activity. ES–2016–0006; Division of Policy,
Performance, and Management information with your comments that
* * * * * will allow us to verify any scientific or
Programs; U.S. Fish and Wildlife
(h) Permit duration. The duration of commercial information you include.
Service; 5275 Leesburg Pike, MS: BPHC;
each permit issued under this section We will not consider comments sent by
Falls Church, VA 22041–3803.
will be designated on its face, and will email or fax, or to an address not listed
See Public Comments, below, for
be based on the duration of the in ADDRESSES.
more information about submitting
proposed activities, the period of time We will post all comments on
comments.
for which take will occur, the level of http://www.regulations.gov. Before
impacts to eagles, and mitigation FOR FURTHER INFORMATION CONTACT: including your address, phone number,
measures, but will not exceed 5 years. Marilet Zablan, Program Manager for email address, or other personal
* * * * * Restoration and Endangered Species information in your comment, you
Classification, U.S. Fish and Wildlife should be aware that your entire
Dated: February 2, 2016. Service, Pacific Regional Office, comment—including your personal
Karen Hyun, Ecological Services, 911 NE 11th identifying information—may be made
Acting Principal Deputy Assistant Secretary Avenue, Portland, OR 97232; telephone publicly available at any time. While
for Fish and Wildlife and Parks. 503–231–6131. Individuals who are you can ask us in your comment to
[FR Doc. 2016–03084 Filed 2–16–16; 8:45 am] hearing impaired or speech impaired withhold your personal identifying
BILLING CODE 4333–15–P may call the Federal Relay Service at information from public review, we
800–877–8337 for TTY (telephone cannot guarantee that we will be able to
typewriter or teletypewriter) assistance do so.
DEPARTMENT OF THE INTERIOR 24 hours a day, 7 days a week. Comments and materials we receive,
SUPPLEMENTARY INFORMATION: as well as supporting documentation we
Fish and Wildlife Service
use in preparing this direct final rule,
Purpose of Direct Final Rule and Final
will be available for public inspection
50 CFR Part 17 Action
on the Internet at http://
[Docket No. FWS–R1–ES–2016–0006; The purpose of this direct final rule www.regulations.gov or by appointment,
FXES11130900000C6–167–FF09E42000] is to notify the public that we are during normal business hours, at the
RIN 1018–BB28
revising the List of Endangered and U.S. Fish and Wildlife Service office
Threatened Wildlife in title 50 of the listed in FOR FURTHER INFORMATION
Endangered and Threatened Wildlife; Code of Federal Regulations (CFR) at CONTACT. Please note that comments
Technical Corrections for Eight § 17.11(h) (50 CFR 17.11(h)) to reflect posted to http://www.regulations.gov are
Wildlife Species on the List of the scientifically accepted taxonomy not immediately viewable. When you
Endangered and Threatened Wildlife and nomenclature of eight wildlife submit a comment, the system receives
species listed under section 4 of the Act it immediately. However, the comment
AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.). These changes will not be publicly viewable until we
Interior. to the List of Endangered and post it, which might not occur until
ACTION: Direct final rule. Threatened Wildlife reflect the most several days after submission.
recently accepted scientific names in Information regarding this rule is
SUMMARY: We, the U.S. Fish and accordance with 50 CFR 17.11(b). available in alternative formats upon
Wildlife Service (Service), announce the We are publishing this rule without a request (see FOR FURTHER INFORMATION
revised taxonomy of eight wildlife prior proposal because this is a CONTACT). For information pertaining to
species under the Endangered Species noncontroversial action that is in the
Act of 1973, as amended (Act). We are specific species, please contact Kristi
best interest of the public and should be Young, Fish and Wildlife Biologist,
revising the List of Endangered and undertaken in as timely a manner as Pacific Islands Fish and Wildlife Office,
asabaliauskas on DSK5VPTVN1PROD with RULES
Threatened Wildlife to reflect the possible. This rule will be effective, as
current scientifically accepted U.S. Fish and Wildlife Service, 300 Ala
published in this document, on the Moana Blvd., Room 3–122, Honolulu,
taxonomy and nomenclature of these effective date specified in DATES, unless
species. HI 96813; telephone 808–792–9400.
we receive significant adverse
DATES: This rule is effective May 17, comments on or before the comment Background
2016 without further action, unless due date specified in DATES. Significant 50 CFR 17.11(b) and 17.12(b) direct us
significant adverse comment is received adverse comments are comments that to use the most recently accepted
by March 18, 2016. If significant adverse provide strong justification as to why scientific name of any wildlife or plant
VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1](https://thefederalregister.org/doc/81_FR_8032/page/4.svg)
Document Created: 2016-02-17 01:16:20
Document Modified: 2016-02-17 01:16:20
| 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. | |
| Dates | This action is effective February 17, 2016. | |
| Contact | Eliza Savage, Eagle Program Manager, | |
| FR Citation | 81 FR 8001 | |
| RIN Number | 1018-BB20 | |
| CFR Citation | 50
CFR
13 50 CFR 22 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Fish; Imports; Plants; Reporting and Recordkeeping Requirements; Transportation; Wildlife; Birds and Migratory Birds |
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