81_FR_93884 81 FR 93639 - Endangered and Threatened Wildlife and Plants; Identification of 14 Distinct Population Segments of the Humpback Whale and Revision of Species-Wide Listing

81 FR 93639 - Endangered and Threatened Wildlife and Plants; Identification of 14 Distinct Population Segments of the Humpback Whale and Revision of Species-Wide Listing

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93639-93641
FR Document2016-30483

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 removing the current species-level listing of the humpback whale (Megaptera novaeangliae), and in its place listing the Cape Verde Islands/Northwest Africa, Western North Pacific, Central America, and Arabian Sea distinct population segments (DPSs) as endangered and the Mexico DPS as threatened. Humpback whales in the remaining DPSs will no longer be protected under the Act. This amendment is based on a previously published determination by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for this species.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93639-93641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30483]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0126; FXES11130900000 167 FF09E42000]
RIN 1018-BB80


Endangered and Threatened Wildlife and Plants; Identification of 
14 Distinct Population Segments of the Humpback Whale and Revision of 
Species-Wide Listing

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 
removing the current species-level listing of the humpback whale 
(Megaptera novaeangliae), and in its place listing the Cape Verde 
Islands/Northwest Africa, Western North Pacific, Central America, and 
Arabian Sea distinct population segments (DPSs) as endangered and the 
Mexico DPS as threatened. Humpback whales in the remaining DPSs will no 
longer be protected under the Act. This amendment is based on a 
previously published determination by the National Marine Fisheries 
Service (NMFS) of the National Oceanic and Atmospheric Administration, 
Department of Commerce, which has jurisdiction for this species.

DATES: This rule is effective December 21, 2016. Applicability date: 
The revised listings were applicable as of October 11, 2016.

FOR FURTHER INFORMATION CONTACT: Don Morgan, Chief, Branch of Recovery 
and State Grants, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803; 703-358-2171.

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 taxa identified in this rule. Under 
section 4(a)(2) of the Act, NMFS must decide whether a species under 
its jurisdiction should be classified as an endangered or threatened 
species. NMFS makes these determinations via its rulemaking process. 
We, the Service, are then responsible for publishing final rules to 
amend the Lists of Endangered and Threatened Wildlife and Plants 
(Lists) in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.11(h) and 17.12(h), respectively.
    Under section 4(a)(2)(A) of the Act, if NMFS determines that a 
species should be listed as endangered or threatened, or that a 
species' status should be changed from threatened to endangered, then 
NMFS is required to inform the Service of the status change. The 
Service is then responsible for implementing the status change by 
publishing a final rule to amend the appropriate List at 50 CFR 
17.11(h) or 17.12(h). Under section 4(a)(2)(B) of the Act, if NMFS 
determines that a species should be removed from the List (delisted), 
or that a species' status should be changed from an endangered to a 
threatened species, then NMFS is required to recommend the status 
change to the Service. If the Service concurs with the recommended 
status change, then the Service will implement the status change by 
publishing a final rule to amend the appropriate List.
    On April 21, 2015, NMFS published a proposed rule (80 FR 22304) to 
remove the species-level listing of the humpback whale (Megaptera 
novaeangliae) from 50 CFR part 224 and in its place list the Cape Verde 
Islands/Northwest Africa and Arabian Sea DPSs as endangered (at 50 CFR 
part 224) and the Western North Pacific and Central America DPSs as 
threatened (at 50 CFR part 223). NMFS solicited public comments on the 
proposed rule for 90 days, ending July 20, 2015. On September 8, 2016, 
NMFS published a final rule (81 FR 62260) to list the Cape Verde 
Islands/Northwest Africa, Western North Pacific, Central America, and 
Arabian Sea DPSs as endangered and the Mexico DPS as threatened. As of 
the effective date of NMFS' rule (October 11, 2016), the humpback 
whales that make up the remaining nine DPSs identified in the rule are 
no longer listed under the Act.

[[Page 93640]]

    The removal of the species-level listing and the listing of the 
five humpback whale DPSs were applicable as of October 11, 2016. In the 
September 8, 2016, final rule (81 FR 62260), NMFS addressed all public 
comments received in response to the proposed rule. NMFS reconsidered 
its proposals with regard to the Western North Pacific, Mexico, and 
Central America DPSs, listing the Western North Pacific and Central 
America DPSs as endangered instead of threatened as proposed and 
listing the Mexico DPS as threatened instead of not listing it.
    For the Western North Pacific DPS, NMFS considered the relatively 
low, slightly revised abundance estimate (1,059 instead of 1,100); the 
moderate reduction of its population size or growth rate likely from 
energy development, competition with fisheries, whaling, and vessel 
collisions; the serious reduction of its population size or growth rate 
likely from fishing gear entanglements; and the considerable 
uncertainty reflected in the distribution of Biological Review Team 
(BRT) votes in assigning extinction risk categories.
    For the Mexico DPS, NMFS considered the revised abundance estimate 
that is significantly lower than previously thought (3,264 instead of 
6,000-7,000) and the presence of the known fishing gear entanglement 
threat of moderate intensity.
    For the Central America DPS, NMFS considered the original low 
abundance estimate of 500-600 (which was at the dividing line between 
BRT risk categories) and the more recently updated estimate of 411 
(which is below the BRT's threshold of 500 between ``high risk of 
extinction'' and ``moderate risk of extinction''), the fact that the 
moderate threats of vessel collisions and fishing gear entanglement 
continue to act upon a population that is so small, and the 
considerable uncertainty reflected in the distribution of BRT votes for 
different extinction risk categories.
    As discussed under the Status Review section of NMFS' final rule 
(see 81 FR 62261-62262; September 8, 2016), the BRT considered 
abundance and trend information carefully in evaluating extinction 
risk, but abundance was not the sole criterion for evaluating 
extinction risk. The thresholds described by the BRT were only general 
guidelines, and NMFS was required to consider them in light of the 
considerations just outlined. Under these circumstances, for these 
particular DPSs, the extinction risk is compounded by the lack of 
information on the population abundance trends. NMFS concluded that the 
Western North Pacific and Central America DPSs are in danger of 
extinction throughout their ranges and the Mexico DPS is likely to 
become endangered throughout its range within the foreseeable future.
    Because humpback whales that make up some of the identified DPSs of 
humpback whale will no longer be protected under the Act and whales in 
one DPS are considered threatened rather than endangered, both section 
4(a)(2)(A) and section 4(a)(2)(B) of the Act apply to our 
responsibility to implement the status changes by publishing a final 
rule to amend the List at 50 CFR 17.11(h).
    In a September 6, 2016, memorandum (Memorandum from Gary Frazer to 
Donna Wieting, September 6, 2016), per section 4(a)(2)(B), we concur 
with NMFS's recommendation that humpback whales in nine DPSs are no 
longer endangered or threatened species and that whales in the Mexico 
DPS are now a threatened species rather than an endangered species. By 
publishing this final rule, we are taking the necessary administrative 
step to codify these changes in the List at 50 CFR 17.11(h).

Administrative Procedure Act

    Because NMFS provided a public comment period on the proposed rule 
for the humpback whale, and we concur with NMFS' actions, we find 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 rule (81 FR 
62260; September 8, 2016) revised the listing status of the humpback 
whale, extending protection under the Act to five DPSs and listing them 
at 50 CFR parts 223 and 224; this rule is an administrative action to 
add those DPSs to the List at 50 CFR 17.11(h). 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 
(42 U.S.C. 4321 et seq.), 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, under MAMMALS, by:
0
a. Removing the entry for ``Whale, humpback''; and
0
b. Adding entries, in alphabetical order, for ``Whale, humpback 
[Arabian Sea DPS]''; ``Whale, humpback [Cape Verde Islands/Northwest 
Africa DPS]''; ``Whale, humpback [Central America DPS]''; ``Whale, 
humpback [Mexico DPS]''; and ``Whale, humpback [Western North Pacific 
DPS]'', to read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name                Scientific name        Where listed      Status       applicable rules
----------------------------------------------------------------------------------------------------------------
Whale, humpback [Arabian Sea DPS]  Megaptera             Arabian Sea DPS--          E   35 FR 8491; 6/2/1970, 35
                                    novaeangliae.         see 50 CFR 224.101.            FR 18319; 12/2/1970, 81
                                                                                         FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.
Whale, humpback [Cape Verde        Megaptera             Cape Verde Islands/        E   35 FR 8491; 6/0/1970, 35
 Islands/Northwest Africa DPS].     novaeangliae.         Northwest Africa               FR 18319; 12/2/1970, 81
                                                          DPS--see 50 CFR                FR 62260; 9/8/2016\N\,
                                                          224.101.                       81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.

[[Page 93641]]

 
Whale, humpback [Central America   Megaptera             Central America            E   35 FR 8491; 6/2/1970, 35
 DPS].                              novaeangliae.         DPS--see 50 CFR                FR 18319; 12/2/1970, 81
                                                          224.101.                       FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.
Whale, humpback [Mexico DPS].....  Megaptera             Mexico DPS--see 50         T   35 FR 8491; 6/2/1970, 35
                                    novaeangliae.         CFR 223.102.                   FR 18319; 12/2/1970, 81
                                                                                         FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016,
                                                                                        50 CFR 223.213
                                                                                        50 CFR 223.214.
Whale, humpback [Western North     Megaptera             Western North              E   35 FR 8491; 6/2/1970, 35
 Pacific DPS].                      novaeangliae.         Pacific DPS--see               FR 18319; 12/2/1970, 81
                                                          50 CFR 224.101.                FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016,
                                                                                        50 CFR 224.103.
----------------------------------------------------------------------------------------------------------------


    Dated: December 5, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-30483 Filed 12-20-16; 8:45 am]
BILLING CODE 4333-15-P



                                                               Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                     93639

                                                     Title: Transparency Rule Disclosures,                larger entities may have more of a                    Falls Church, VA 22041–3803; 703–
                                                  Protecting and Promoting the Open                       burden than the average compliance                    358–2171.
                                                  Internet, Report and Order on Remand,                   burden. This is because larger entities               SUPPLEMENTARY INFORMATION:
                                                  Declaratory Ruling, and Order, GN                       serve more customers, are more likely to
                                                  Docket No. 14–28, FCC 15–24.                            serve multiple geographic regions, and       Background
                                                     Form Number: N/A.                                    are not eligible to avail themselves of         In accordance with the Act (16 U.S.C.
                                                     Respondents: Businesses or other for-                the temporary exemption from the             1531 et seq.) and Reorganization Plan
                                                  profit entities; Not-for profit entities;               enhancements granted to smaller              No. 4 of 1970 (35 FR 15627; October 6,
                                                  State, local or tribal governments.                     providers.                                   1970), NMFS has jurisdiction over the
                                                     Number of Respondents and                                                                         marine taxa identified in this rule.
                                                                                                          Federal Communications Commission.
                                                  Responses: 3,188 respondents; 3,188                                                                  Under section 4(a)(2) of the Act, NMFS
                                                  responses.                                              Marlene H. Dortch,
                                                                                                                                                       must decide whether a species under its
                                                     Estimated Time per Response: 31.2                    Secretary.                                   jurisdiction should be classified as an
                                                  hours (average).                                        [FR Doc. 2016–30766 Filed 12–20–16; 8:45 am] endangered or threatened species.
                                                     Frequency of Response: On occasion                   BILLING CODE 6712–01–P                       NMFS makes these determinations via
                                                  reporting requirement; Third party                                                                   its rulemaking process. We, the Service,
                                                  disclosure requirement.                                                                              are then responsible for publishing final
                                                     Obligation to Respond: Mandatory.                    DEPARTMENT OF THE INTERIOR                   rules to amend the Lists of Endangered
                                                  The statutory authority for this                                                                     and Threatened Wildlife and Plants
                                                  information collection is contained in                  Fish and Wildlife Service                    (Lists) in title 50 of the Code of Federal
                                                  sections 1, 2, 3, 4, 10, 201, 202, 301,                                                              Regulations (CFR) at 50 CFR 17.11(h)
                                                  303, 316, 332, 403, 501, 503 of the                     50 CFR Part 17                               and 17.12(h), respectively.
                                                  Communications Act of 1934, as                                                                          Under section 4(a)(2)(A) of the Act, if
                                                                                                          [Docket No. FWS–HQ–ES–2016–0126;
                                                  amended, and section 706 of the                         FXES11130900000 167 FF09E42000]              NMFS    determines that a species should
                                                  Telecommunications Act of 1996, as                                                                   be listed as endangered or threatened, or
                                                  amended, and 47 U.S.C. 151, 152, 153,                   RIN 1018–BB80                                that a species’ status should be changed
                                                  154, 160, 201, 202, 301, 303, 316, 332,                                                              from threatened to endangered, then
                                                  403, 501, 503, and 1302.                                Endangered and Threatened Wildlife           NMFS is required to inform the Service
                                                     Total Annual Burden: 99,466 hours.                   and Plants; Identification of 14 Distinct of the status change. The Service is then
                                                     Total Annual Cost: $640,000.                         Population Segments of the Humpback responsible for implementing the status
                                                     Nature and Extent of Confidentiality:                Whale and Revision of Species-Wide           change by publishing a final rule to
                                                  An assurance of confidentiality is not                  Listing                                      amend the appropriate List at 50 CFR
                                                  offered because this information                                                                     17.11(h) or 17.12(h). Under section
                                                                                                          AGENCY: Fish and Wildlife Service,
                                                  collection does not require the                                                                      4(a)(2)(B) of the Act, if NMFS
                                                                                                          Interior.
                                                  collection of personally identifiable                                                                determines that a species should be
                                                  information (PII) from individuals.                     ACTION: Final rule.
                                                                                                                                                       removed from the List (delisted), or that
                                                     Privacy Act: No impact(s).                                                                        a species’ status should be changed from
                                                                                                          SUMMARY: We, the U.S. Fish and
                                                     Needs and Uses: The Commission’s                                                                  an endangered to a threatened species,
                                                  transparency rule for providers of                      Wildlife Service (Service), in
                                                                                                          accordance with the Endangered               then NMFS is required to recommend
                                                  broadband Internet access service                                                                    the status change to the Service. If the
                                                  require all providers of broadband                      Species Act of 1973, as amended (Act),
                                                                                                          are amending the List of Endangered          Service concurs with the recommended
                                                  Internet access service to publicly                                                                  status change, then the Service will
                                                  disclose accurate information regarding                 and Threatened Wildlife (List) by
                                                                                                          removing the current species-level           implement the status change by
                                                  the network management practices,                                                                    publishing a final rule to amend the
                                                  performance, and commercial terms of                    listing of the humpback whale
                                                                                                          (Megaptera novaeangliae), and in its         appropriate List.
                                                  their broadband Internet access services                                                                On April 21, 2015, NMFS published
                                                  sufficient for consumers to make                        place listing the Cape Verde Islands/
                                                                                                          Northwest Africa, Western North              a proposed    rule (80 FR 22304) to remove
                                                  informed choices regarding use of such                                                               the species-level listing of the
                                                  services and for content, application,                  Pacific, Central America, and Arabian
                                                                                                                                                       humpback whale (Megaptera
                                                  service, and device providers to                        Sea distinct population segments (DPSs)
                                                                                                                                                       novaeangliae) from 50 CFR part 224 and
                                                  develop, market, and maintain Internet                  as endangered and the Mexico DPS as
                                                                                                                                                       in its place list the Cape Verde Islands/
                                                  offerings. The rules ensure transparency                threatened. Humpback whales in the
                                                                                                                                                       Northwest Africa and Arabian Sea DPSs
                                                  and continued Internet openness, while                  remaining DPSs will no longer be
                                                                                                                                                       as endangered (at 50 CFR part 224) and
                                                  making clear that broadband providers                   protected under the Act. This
                                                                                                                                                       the Western North Pacific and Central
                                                  can manage their networks effectively.                  amendment is based on a previously
                                                                                                                                                       America DPSs as threatened (at 50 CFR
                                                  The enhancements to the transparency                    published determination by the
                                                                                                                                                       part 223). NMFS solicited public
                                                  rule adopted in the Open Internet Order                 National Marine Fisheries Service
                                                                                                                                                       comments on the proposed rule for 90
                                                  will better enable end-user consumers to                (NMFS) of the National Oceanic and
                                                                                                                                                       days, ending July 20, 2015. On
                                                  make informed choices about broadband                   Atmospheric Administration,                  September 8, 2016, NMFS published a
                                                  services by providing them with timely                  Department of Commerce, which has            final rule (81 FR 62260) to list the Cape
                                                  information tailored more specifically to               jurisdiction for this species.               Verde Islands/Northwest Africa,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  their needs, and will similarly provide                 DATES: This rule is effective December       Western North Pacific, Central America,
                                                  edge providers with the information                     21, 2016. Applicability date: The revised and Arabian Sea DPSs as endangered
                                                  necessary to develop new content,                       listings were applicable as of October       and the Mexico DPS as threatened. As
                                                  applications, services, and devices that                11, 2016.                                    of the effective date of NMFS’ rule
                                                  promote the virtuous cycle of                           FOR FURTHER INFORMATION CONTACT: Don         (October 11, 2016), the humpback
                                                  investment and innovation. The                          Morgan, Chief, Branch of Recovery and        whales that make up the remaining nine
                                                  Commission anticipates that small                       State Grants, U.S. Fish and Wildlife         DPSs identified in the rule are no longer
                                                  entities may have less of a burden, and                 Service, MS–ES, 5275 Leesburg Pike,          listed under the Act.


                                             VerDate Sep<11>2014   17:05 Dec 20, 2016   Jkt 241001   PO 00000   Frm 00069   Fmt 4700   Sfmt 4700   E:\FR\FM\21DER1.SGM   21DER1


                                                  93640        Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                     The removal of the species-level                     extinction risk, but abundance was not                administrative action to add those DPSs
                                                  listing and the listing of the five                     the sole criterion for evaluating                     to the List at 50 CFR 17.11(h). The
                                                  humpback whale DPSs were applicable                     extinction risk. The thresholds                       public would not be served by delaying
                                                  as of October 11, 2016. In the September                described by the BRT were only general                the effective date of this rulemaking
                                                  8, 2016, final rule (81 FR 62260), NMFS                 guidelines, and NMFS was required to                  action.
                                                  addressed all public comments received                  consider them in light of the
                                                  in response to the proposed rule. NMFS                  considerations just outlined. Under                   Required Determinations
                                                  reconsidered its proposals with regard                  these circumstances, for these particular             National Environmental Policy Act
                                                  to the Western North Pacific, Mexico,                   DPSs, the extinction risk is
                                                  and Central America DPSs, listing the                   compounded by the lack of information                   We have determined that an
                                                  Western North Pacific and Central                       on the population abundance trends.                   environmental assessment, as defined
                                                  America DPSs as endangered instead of                   NMFS concluded that the Western                       under the authority of the National
                                                  threatened as proposed and listing the                  North Pacific and Central America DPSs                Environmental Policy Act of 1969 (42
                                                  Mexico DPS as threatened instead of not                 are in danger of extinction throughout                U.S.C. 4321 et seq.), need not be
                                                  listing it.                                             their ranges and the Mexico DPS is                    prepared in connection with regulations
                                                     For the Western North Pacific DPS,                   likely to become endangered throughout                adopted pursuant to section 4(a) of the
                                                  NMFS considered the relatively low,                     its range within the foreseeable future.              Act. We outlined our reasons for this
                                                  slightly revised abundance estimate                        Because humpback whales that make                  determination in the Federal Register
                                                  (1,059 instead of 1,100); the moderate                  up some of the identified DPSs of                     on October 25, 1983 (48 FR 49244).
                                                  reduction of its population size or                     humpback whale will no longer be                      List of Subjects in 50 CFR Part 17
                                                  growth rate likely from energy                          protected under the Act and whales in
                                                  development, competition with                           one DPS are considered threatened                       Endangered and threatened species,
                                                  fisheries, whaling, and vessel collisions;              rather than endangered, both section                  Exports, Imports, Reporting and
                                                  the serious reduction of its population                 4(a)(2)(A) and section 4(a)(2)(B) of the              recordkeeping requirements,
                                                  size or growth rate likely from fishing                 Act apply to our responsibility to                    Transportation.
                                                  gear entanglements; and the                             implement the status changes by                       Regulation Promulgation
                                                  considerable uncertainty reflected in the               publishing a final rule to amend the List
                                                  distribution of Biological Review Team                  at 50 CFR 17.11(h).                                     Accordingly, we amend part 17,
                                                  (BRT) votes in assigning extinction risk                   In a September 6, 2016, memorandum                 subchapter B of chapter I, title 50 of the
                                                  categories.                                             (Memorandum from Gary Frazer to                       Code of Federal Regulations, as set forth
                                                     For the Mexico DPS, NMFS                             Donna Wieting, September 6, 2016), per                below:
                                                  considered the revised abundance                        section 4(a)(2)(B), we concur with
                                                  estimate that is significantly lower than                                                                     PART 17—ENDANGERED AND
                                                                                                          NMFS’s recommendation that
                                                  previously thought (3,264 instead of                                                                          THREATENED WILDLIFE AND PLANTS
                                                                                                          humpback whales in nine DPSs are no
                                                  6,000–7,000) and the presence of the                    longer endangered or threatened species               ■ 1. The authority citation for part 17
                                                  known fishing gear entanglement threat                  and that whales in the Mexico DPS are                 continues to read as follows:
                                                  of moderate intensity.                                  now a threatened species rather than an
                                                     For the Central America DPS, NMFS                    endangered species. By publishing this                  Authority: 16 U.S.C. 1361–1407; 1531–
                                                  considered the original low abundance                   final rule, we are taking the necessary               1544; and 4201–4245, unless otherwise
                                                  estimate of 500–600 (which was at the                                                                         noted.
                                                                                                          administrative step to codify these
                                                  dividing line between BRT risk                          changes in the List at 50 CFR 17.11(h).               ■ 2. Amend § 17.11(h), the List of
                                                  categories) and the more recently                                                                             Endangered and Threatened Wildlife,
                                                  updated estimate of 411 (which is below                 Administrative Procedure Act                          under MAMMALS, by:
                                                  the BRT’s threshold of 500 between                         Because NMFS provided a public                     ■ a. Removing the entry for ‘‘Whale,
                                                  ‘‘high risk of extinction’’ and ‘‘moderate              comment period on the proposed rule                   humpback’’; and
                                                  risk of extinction’’), the fact that the                for the humpback whale, and we concur                 ■ b. Adding entries, in alphabetical
                                                  moderate threats of vessel collisions and               with NMFS’ actions, we find good cause                order, for ‘‘Whale, humpback [Arabian
                                                  fishing gear entanglement continue to                   that the notice and public comment                    Sea DPS]’’; ‘‘Whale, humpback [Cape
                                                  act upon a population that is so small,                 procedures of 5 U.S.C. 553(b) are                     Verde Islands/Northwest Africa DPS]’’;
                                                  and the considerable uncertainty                        unnecessary for this action. We also find             ‘‘Whale, humpback [Central America
                                                  reflected in the distribution of BRT                    good cause under 5 U.S.C. 553(d)(3) to                DPS]’’; ‘‘Whale, humpback [Mexico
                                                  votes for different extinction risk                     make this rule effective immediately.                 DPS]’’; and ‘‘Whale, humpback [Western
                                                  categories.                                             The NMFS rule (81 FR 62260;                           North Pacific DPS]’’, to read as follows:
                                                     As discussed under the Status Review                 September 8, 2016) revised the listing
                                                  section of NMFS’ final rule (see 81 FR                  status of the humpback whale,                         § 17.11 Endangered and threatened
                                                  62261–62262; September 8, 2016), the                    extending protection under the Act to                 wildlife.
                                                  BRT considered abundance and trend                      five DPSs and listing them at 50 CFR                  *       *    *      *     *
                                                  information carefully in evaluating                     parts 223 and 224; this rule is an                        (h) * * *

                                                        Common name                       Scientific name                   Where listed              Status         Listing citations and applicable rules
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Whale, humpback [Arabian         Megaptera novaeangliae           Arabian Sea DPS—see                 E      35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/
                                                   Sea DPS].                                                          50 CFR 224.101.                            1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert
                                                                                                                                                                 Federal Register page where the document
                                                                                                                                                                 begins], 12/21/2016.
                                                  Whale, humpback [Cape            Megaptera novaeangliae           Cape Verde Islands/                 E      35 FR 8491; 6/0/1970, 35 FR 18319; 12/2/
                                                   Verde Islands/Northwest                                            Northwest Africa DPS—                      1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert
                                                   Africa DPS].                                                       see 50 CFR 224.101.                        Federal Register page where the document
                                                                                                                                                                 begins], 12/21/2016.



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                                                               Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                               93641

                                                        Common name                       Scientific name                   Where listed              Status         Listing citations and applicable rules

                                                  Whale, humpback [Central         Megaptera novaeangliae           Central America DPS—                E      35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/
                                                   America DPS].                                                      see 50 CFR 224.101.                        1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert
                                                                                                                                                                 Federal Register page where the document
                                                                                                                                                                 begins], 12/21/2016.
                                                  Whale, humpback [Mexico          Megaptera novaeangliae           Mexico DPS—see 50                   T      35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/
                                                   DPS].                                                             CFR 223.102.                                1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert
                                                                                                                                                                 Federal Register page where the document
                                                                                                                                                                 begins], 12/21/2016,
                                                                                                                                                               50 CFR 223.213
                                                                                                                                                               50 CFR 223.214.
                                                  Whale, humpback [West-           Megaptera novaeangliae           Western North Pacific               E      35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/
                                                   ern North Pacific DPS].                                           DPS—see 50 CFR                              1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert
                                                                                                                     224.101.                                    Federal Register page where the document
                                                                                                                                                                 begins], 12/21/2016,
                                                                                                                                                               50 CFR 224.103.



                                                    Dated: December 5, 2016.
                                                  Stephen Guertin,
                                                  Acting Director, U.S. Fish and Wildlife
                                                  Service.
                                                  [FR Doc. 2016–30483 Filed 12–20–16; 8:45 am]
                                                  BILLING CODE 4333–15–P
asabaliauskas on DSK3SPTVN1PROD with RULES




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Document Created: 2018-02-14 09:12:12
Document Modified: 2018-02-14 09:12:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 21, 2016. Applicability date: The revised listings were applicable as of October 11, 2016.
ContactDon Morgan, Chief, Branch of Recovery and State Grants, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2171.
FR Citation81 FR 93639 
RIN Number1018-BB80
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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