82 FR 42043 - Endangered and Threatened Wildlife and Plants; Technical Correction for Tonkin Snub-Nosed Monkey

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range		42043-42044
FR Document		2017-18866

We, the U.S. Fish and Wildlife Service, are making a technical correction to remove the endangered Tonkin snub-nosed monkey (Rhinopithecus avunculus) from certain regulations that apply to certain threatened primates. These regulations apply only to threatened species, and Tonkin snub-nosed monkeys were reclassified as an endangered species in 1990. Therefore, the provisions of the regulations for threatened primates do not apply to this species. We are correcting this error in the Code of Federal Regulations.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42043-42044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18866]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2017-0026; 4500090024]
RIN 1018-BC64


Endangered and Threatened Wildlife and Plants; Technical 
Correction for Tonkin Snub-Nosed Monkey

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are making a technical 
correction to remove the endangered Tonkin snub-nosed monkey 
(Rhinopithecus avunculus) from certain regulations that apply to 
certain threatened primates. These regulations apply only to threatened 
species, and Tonkin snub-nosed monkeys were reclassified as an 
endangered species in 1990. Therefore, the provisions of the 
regulations for threatened primates do not apply to this species. We 
are correcting this error in the Code of Federal Regulations.

DATES: This action is effective September 6, 2017.

ADDRESSES: This final rule and a list of the references cited is 
available on the Internet at http://www.regulations.gov at Docket No. 
FWS-HQ-ES-2017-0026.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 
telephone 703-358-2171. If you use a telecommunications device for the 
deaf (TDD), call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The purpose of this final rule is to notify 
the public that we are removing the Tonkin snub-nosed langur from 
regulations in title 50 of the Code of Federal Regulations (CFR) that 
pertain to certain primates that are listed as threatened species under 
the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). The List of Endangered and Threatened Wildlife (List) under the 
Act is found at 50 CFR 17.11(h). The regulations that are the focus of 
this final rule are found at 50 CFR 17.40(c). We are removing the 
Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus) from the 
list of primates in Sec.  17.40(c)(1). (For reasons explained below in 
Taxonomy, the Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] 
avunculus) is older nomenclature for the now generally accepted common 
and scientific names: Tonkin snub-nosed monkey (Rhinopithecus 
avunculus). In this document, we use the currently accepted common name 
Tonkin snub-nosed monkey.)
    On January 9, 2016, we received a petition, dated the same day from 
People for the Ethical Treatment of Animals Foundation (PETA), 
requesting in part that Tonkin snub-nosed monkey be removed from the 
regulations at Sec.  17.40(c), which pertain to threatened primates, 
because this species is listed as an endangered species under the Act 
at 50 CFR 17.11(h).

[[Page 42044]]

Background

    Regulations such as those at 50 CFR 17.40(c) are promulgated under 
section 4(d) of the Act and are referred to as ``4(d) rules.'' These 
rules apply only to threatened species. Petitions to amend 4(d) rules 
are petitions under the Administrative Procedure Act (APA; 5 U.S.C. 
553(e)) and are considered in accordance with 50 CFR 424.10; 424.14(a), 
(j), and Departmental regulations at 43 CFR part 14. A final rule 
published in 1990 reclassified all Tonkin snub-nosed monkeys from 
threatened to endangered (55 FR 39414, September 27, 1990), so the 
provisions of the 4(d) rule can no longer be applied to this endangered 
species.
    Accordingly, we are publishing this final rule without a prior 
proposal because this is a noncontroversial action that does not alter 
the regulatory protections afforded to this species and is a technical 
correction necessary to bring our regulations into conformity with the 
Act.

Previous Federal Actions

    In 1976, as part of a decision to list 26 species of primates as 
threatened or endangered under the Act, the Service proposed to list 
Tonkin snub-nosed monkeys as a threatened species (41 FR 16466, April 
19, 1976) and subsequently finalized the listing (41 FR 45990, October 
19, 1976). In the same rulemaking, Tonkin snub-nosed monkeys were 
included in a new 4(d) rule for threatened primates at 50 CFR 17.40(c).
    In 1990, all Tonkin snub-nosed monkeys were reclassified from 
threatened to endangered (55 FR 39414, September 27, 1990).
    In both the proposed rule and final rule reclassifying the species 
from threatened to endangered status (55 FR 1486, January 16, 1990; 55 
FR 39414, September 27, 1990), the Service indicated through the 
informational text ``NA'' (not applicable) in the ``Special rules'' 
column of the List at 50 CFR 17.11(h) that there are no 4(d) rules for 
that particular species. However, we failed to make the corresponding 
change to 50 CFR 17.40(c) to reflect the fact that the provisions there 
no longer applied to the now-endangered Tonkin snub-nosed monkey.

Taxonomy

    The terms monkey and langur are both used interchangeably in the 
common name for this species. However, the International Union for 
Conservation of Nature (IUCN) Red List, the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES), the 
Integrated Taxonomic Information System (ITIS), and the List at 50 CFR 
17.11(h) all use the term ``monkey'' for this species.
    The Tonkin snub-nosed monkey is currently listed in Sec.  
17.40(c)(1) as ``Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] 
avunculus).'' The snub-nosed monkeys of the genus Rhinopithecus were 
formerly listed as a subgenus of Pygathrix, but Rhinopithecus was 
elevated to the full genus level in 2001(Groves 2001, p. 287). This 
taxonomic change is now widely accepted in the scientific community, 
including CITES (CITES 2017, p. 5), ITIS (ITIS 2017, unpaginated), and 
IUCN Red List (IUCN 2017, unpaginated). Therefore, in this final rule 
we refer to the species as Tonkin snub-nosed monkey (Rhinopithecus 
avunculus), which is also how the species is presented in the List at 
50 CFR 17.11(h).

Administrative Procedure

    As explained above, this rulemaking is necessary to bring our 
regulations into compliance with the Act. 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 remove regulatory provisions that 
are not consistent with law. Such 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. 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 Act as soon as practicable.

List of References Cited

    A list of the references cited in this final rule is provided in 
Docket No. FWS-HQ-ES-2017-0026 at http://www.regulations.gov.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we hereby 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.


Sec.  17.40   [Amended]

0
2. Amend Sec.  17.40(c)(1) by:
0
a. Adding the word ``and'' before ``purple-faced langur (Presbytis 
senex)''; and
0
b. Removing the phrase ``; and Tonkin snub-nosed langur (Pygathrix 
[Rhinopithecus] avunculus)''.

    Dated: August 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-18866 Filed 9-5-17; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 42043

Big Lake .......................................... 246A, SUMMARY: We, the U.S. Fish and
252C2, * * * * * Wildlife Service, are making a technical
281C1, Wellington ....................................... 248C2, correction to remove the endangered
296C3 253C3 Tonkin snub-nosed monkey
* * * * * * * * * *
(Rhinopithecus avunculus) from certain
Cotulla ............................................. 264A, Westbrook ....................................... 272A regulations that apply to certain
289A threatened primates. These regulations
* * * * * apply only to threatened species, and
* * * * * Tonkin snub-nosed monkeys were
Crystal Beach ................................. 268A UTAH reclassified as an endangered species in
1990. Therefore, the provisions of the
* * * * * regulations for threatened primates do
Dalhart ............................................ 261C2 * * * * *
not apply to this species. We are
Paragonah ...................................... 258A
* * * * *
correcting this error in the Code of
Dilley ............................................... 291A * * * * * Federal Regulations.
DATES: This action is effective
* * * * * VERMONT September 6, 2017.
Encino ............................................. 250A, ADDRESSES: This final rule and a list of
283A the references cited is available on the
* * * * *
Hardwick ......................................... 290A Internet at http://www.regulations.gov at
* * * * *
Freer ............................................... 288A West Rutland .................................. 298A Docket No. FWS–HQ–ES–2017–0026.
FOR FURTHER INFORMATION CONTACT:
* * * * * * * * * * Janine Van Norman, Chief, Branch of
Goree .............................................. 277A Foreign Species, Ecological Services
WISCONSIN Program, U.S. Fish and Wildlife Service;
* * * * * MS: ES, 5275 Leesburg Pike, Falls
Hamlin ............................................. 283C2
* * * * * Church, VA 22041–3803; telephone
* * * * * New Holstein .................................. 258A 703–358–2171. If you use a
Knox City ........................................ 293A, telecommunications device for the deaf
297A * * * * * (TDD), call the Federal Relay Service at
800–877–8339.
* * * * * WYOMING SUPPLEMENTARY INFORMATION: The
Marquez .......................................... 296A purpose of this final rule is to notify the
* * * * * public that we are removing the Tonkin
* * * * *
Bairoil .............................................. 235C3 snub-nosed langur from regulations in
Matador ........................................... 244C2,
276C3 Basin ............................................... 299C1 title 50 of the Code of Federal
Dubois ............................................. 242A Regulations (CFR) that pertain to certain
* * * * * primates that are listed as threatened
McCamey ........................................ 233C3, * * * * * species under the Endangered Species
237C3 Lusk ................................................ 242A Act of 1973, as amended (Act; 16 U.S.C.
McLean ........................................... 298C3 1531 et seq.). The List of Endangered
* * * * *
Pine Bluffs ...................................... 287A and Threatened Wildlife (List) under the
* * * * * Act is found at 50 CFR 17.11(h). The
Menard ............................................ 265A, Wheatland ....................................... 286A
regulations that are the focus of this
292A
* * * * * final rule are found at 50 CFR 17.40(c).
* * * * * We are removing the Tonkin snub-nosed
Mullin .............................................. 224A, * * * * * langur (Pygathrix [Rhinopithecus]
277A [FR Doc. 2017–18831 Filed 9–5–17; 8:45 am] avunculus) from the list of primates in
BILLING CODE 6712–01–P § 17.40(c)(1). (For reasons explained
* * * * * below in Taxonomy, the Tonkin snub-
Olney .............................................. 282A nosed langur (Pygathrix [Rhinopithecus]
DEPARTMENT OF THE INTERIOR avunculus) is older nomenclature for
* * * * *
the now generally accepted common
Premont .......................................... 264C3,
Fish and Wildlife Service and scientific names: Tonkin snub-
287A
nosed monkey (Rhinopithecus
* * * * * 50 CFR Part 17 avunculus). In this document, we use
Roscoe ............................................ 228A [Docket No. FWS–HQ–ES–2017–0026; the currently accepted common name
4500090024] Tonkin snub-nosed monkey.)
* * * * * On January 9, 2016, we received a
San Isidro ....................................... 255A, RIN 1018–BC64 petition, dated the same day from
278A People for the Ethical Treatment of
Endangered and Threatened Wildlife
nlaroche on DSKBBV9HB2PROD with RULES

Animals Foundation (PETA), requesting
* * * * * and Plants; Technical Correction for in part that Tonkin snub-nosed monkey
Sanger ............................................ 281C3 Tonkin Snub-Nosed Monkey be removed from the regulations at
* * * * * AGENCY: Fish and Wildlife Service, § 17.40(c), which pertain to threatened
Trinity .............................................. 251A Interior. primates, because this species is listed
Turkey ............................................. 221C2, ACTION: Final rule. as an endangered species under the Act
269A at 50 CFR 17.11(h).

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42044 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations

Background and Flora (CITES), the Integrated PART 17—ENDANGERED AND
Regulations such as those at 50 CFR Taxonomic Information System (ITIS), THREATENED WILDLIFE AND PLANTS
17.40(c) are promulgated under section and the List at 50 CFR 17.11(h) all use
the term ‘‘monkey’’ for this species. ■ 1. The authority citation for part 17
4(d) of the Act and are referred to as continues to read as follows:
‘‘4(d) rules.’’ These rules apply only to The Tonkin snub-nosed monkey is
threatened species. Petitions to amend currently listed in § 17.40(c)(1) as Authority: 16 U.S.C. 1361–1407; 1531–
4(d) rules are petitions under the ‘‘Tonkin snub-nosed langur (Pygathrix 1544; and 4201–4245, unless otherwise
noted.
Administrative Procedure Act (APA; 5 [Rhinopithecus] avunculus).’’ The snub-
U.S.C. 553(e)) and are considered in nosed monkeys of the genus § 17.40 [Amended]
accordance with 50 CFR 424.10; Rhinopithecus were formerly listed as a ■ 2. Amend § 17.40(c)(1) by:
424.14(a), (j), and Departmental subgenus of Pygathrix, but ■ a. Adding the word ‘‘and’’ before
regulations at 43 CFR part 14. A final Rhinopithecus was elevated to the full ‘‘purple-faced langur (Presbytis senex)’’;
rule published in 1990 reclassified all genus level in 2001(Groves 2001, p. and
Tonkin snub-nosed monkeys from 287). This taxonomic change is now ■ b. Removing the phrase ‘‘; and Tonkin
threatened to endangered (55 FR 39414, widely accepted in the scientific snub-nosed langur (Pygathrix
September 27, 1990), so the provisions community, including CITES (CITES [Rhinopithecus] avunculus)’’.
of the 4(d) rule can no longer be applied 2017, p. 5), ITIS (ITIS 2017,
to this endangered species. Dated: August 30, 2017.
unpaginated), and IUCN Red List (IUCN
Accordingly, we are publishing this James W. Kurth,
2017, unpaginated). Therefore, in this
final rule without a prior proposal final rule we refer to the species as Acting Director, U.S. Fish and Wildlife
because this is a noncontroversial action Service.
Tonkin snub-nosed monkey
that does not alter the regulatory (Rhinopithecus avunculus), which is [FR Doc. 2017–18866 Filed 9–5–17; 8:45 am]
protections afforded to this species and also how the species is presented in the BILLING CODE 4333–15–P
is a technical correction necessary to List at 50 CFR 17.11(h).
bring our regulations into conformity
with the Act. Administrative Procedure DEPARTMENT OF COMMERCE
Previous Federal Actions As explained above, this rulemaking National Oceanic and Atmospheric
In 1976, as part of a decision to list is necessary to bring our regulations into Administration
26 species of primates as threatened or compliance with the Act. Therefore,
endangered under the Act, the Service under these circumstances, we have 50 CFR Part 622
proposed to list Tonkin snub-nosed determined, pursuant to 5 U.S.C.
553(b)(3)(B), that prior notice and [Docket Nos. 090206140–91081–03 and
monkeys as a threatened species (41 FR 120405260–4258–02]
16466, April 19, 1976) and subsequently opportunity for public comment are
finalized the listing (41 FR 45990, impractical and unnecessary. Public RIN 0648–XF673
October 19, 1976). In the same opportunity for comment is simply not
required when an agency amends a Authorization of Revised Reporting
rulemaking, Tonkin snub-nosed
regulation to remove regulatory Requirements Due to Catastrophic
monkeys were included in a new 4(d)
provisions that are not consistent with Conditions for Federal Seafood
rule for threatened primates at 50 CFR
law. Such action is ministerial in nature Dealers in Texas and Portions of
17.40(c).
and allows for no discretion on the part Louisiana
In 1990, all Tonkin snub-nosed
monkeys were reclassified from of the agency. Thus, public comment AGENCY: National Marine Fisheries
threatened to endangered (55 FR 39414, could not inform this process in any Service (NMFS), National Oceanic and
September 27, 1990). meaningful way. We have further Atmospheric Administration (NOAA),
In both the proposed rule and final determined, pursuant to 5 U.S.C. Commerce.
rule reclassifying the species from 553(d)(3), that the agency has good ACTION: Temporary rule; determination
threatened to endangered status (55 FR cause to make this rule effective upon of catastrophic conditions.
1486, January 16, 1990; 55 FR 39414, publication, which is to comply with
September 27, 1990), the Service the Act as soon as practicable. SUMMARY: In accordance with the
indicated through the informational text regulations implementing the individual
List of References Cited fishing quota (IFQ) and Federal dealer
‘‘NA’’ (not applicable) in the ‘‘Special
rules’’ column of the List at 50 CFR A list of the references cited in this reporting programs specific to the
17.11(h) that there are no 4(d) rules for final rule is provided in Docket No. commercial reef fish and coastal
that particular species. However, we FWS–HQ–ES–2017–0026 at http:// migratory pelagic (CMP) fisheries in the
failed to make the corresponding change www.regulations.gov. Gulf of Mexico (Gulf), the Regional
to 50 CFR 17.40(c) to reflect the fact that Administrator, Southeast Region, NMFS
the provisions there no longer applied List of Subjects in 50 CFR Part 17 (RA) has determined that Hurricane
to the now-endangered Tonkin snub- Harvey has caused catastrophic
Endangered and threatened species, conditions in coastal and adjacent
nosed monkey.
Exports, Imports, Reporting and counties in the state of Texas, and
Taxonomy recordkeeping requirements, Cameron and Vermilion parishes in
Transportation.
nlaroche on DSKBBV9HB2PROD with RULES

The terms monkey and langur are Louisiana. Consistent with those
both used interchangeably in the Regulation Promulgation regulations, the RA has authorized any
common name for this species. dealer in the affected area who does not
However, the International Union for Accordingly, we hereby amend part have access to electronic reporting to
Conservation of Nature (IUCN) Red List, 17, subchapter B of chapter I, title 50 of delay reporting of trip tickets to NOAA
the Convention on International Trade the Code of Federal Regulations, as set Fisheries from September 1, 2017,
in Endangered Species of Wild Fauna forth below: through October 15, 2017. The RA has

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Document Created: 2017-09-06 00:56:27
Document Modified: 2017-09-06 00:56:27

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 September 6, 2017.
Contact		Janine Van Norman, Chief, Branch of Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2171. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800-877-8339.
FR Citation		82 FR 42043
RIN Number		1018-BC64
CFR Associated		Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

82 FR 42043 - Endangered and Threatened Wildlife and Plants; Technical Correction for Tonkin Snub-Nosed Monkey

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 171 (September 6, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service