83_FR_14262 83 FR 14198 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction

83 FR 14198 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range14198-14202
FR Document2018-06736

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on October 1, 2015, to designate critical habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek skipperling (Oarisma poweshiek), under the Endangered Species Act of 1973, as amended (Act). Inadvertently, we published a map of a critical habitat unit for the Dakota skipper in Minnesota where we should have published a map for the Poweshiek skipperling. This document makes the necessary correction to the critical habitat designation for the Poweshiek skipperling. We are also replacing a map depicting critical habitat for Poweshiek skipperling in Minnesota to make an editorial correction in the title.

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018) 
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Pages 14198-14202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06736]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2013-0017; 4500030113]
RIN 1018-AZ58


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; 
Correction

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
in the Federal Register on October 1, 2015, to designate critical 
habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek 
skipperling (Oarisma poweshiek), under the Endangered Species Act of 
1973, as amended (Act). Inadvertently, we published a map of a critical 
habitat unit for the Dakota skipper in Minnesota where we should have 
published a map for the Poweshiek skipperling. This document makes the 
necessary correction to the critical habitat designation for the 
Poweshiek skipperling. We are also replacing a map depicting critical 
habitat for Poweshiek skipperling in Minnesota to make an editorial 
correction in the title.

DATES: This correction is effective April 3, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, (703) 358-2506. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Dakota skipper (Hesperia dacotae) is 
listed under the Act as a threatened species, and the Poweshiek 
skipperling (Oarisma poweshiek) is listed as endangered. In a final 
rule that published October 1, 2015 (80 FR 59248), we designated 
critical habitat for the two butterfly species pursuant to the Act (16 
U.S.C. 1531 et seq.). The rule added critical habitat for these species 
to title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.95(i). The rule included 32 maps showing critical habitat areas for 
the Dakota skipper and 48 maps showing critical habitat areas for the 
Poweshiek skipperling. We inadvertently inserted a map showing critical 
habitat for the Dakota skipper for Minnesota Unit 7 in the location 
where we should have included a map showing critical habitat for the 
Poweshiek skipperling for Minnesota Unit 7. The two maps are different 
because the areas being designated for each species as ``Minnesota Unit 
7'' are different. Therefore, with this document, we remove the 
incorrect map at paragraph (28) of the entry for Poweshiek skipperling 
and insert the correct map in its place. We are also replacing the map 
depicting critical habitat for Poweshiek skipperling for Minnesota Unit 
10 at paragraph (30) to make an editorial correction in the title. The 
old map referred to ``Swift and Chippewa County,'' and the new map 
correctly refers to ``Swift and Chippewa Counties.''

Previous Federal Action

    We listed the Dakota skipper as a threatened species and the 
Poweshiek skipperling as an endangered species on October 24, 2014 (79 
FR 63672) with a rule issued under section 4(d) of the Act for the 
Dakota skipper. This rule followed publication on October 24, 2013, of 
a proposal to list the Dakota skipper as threatened with a section 4(d) 
rule and the Poweshiek skipperling as endangered (78 FR 63573). Also on 
October 24, 2013, we published in the Federal Register a proposed 
critical habitat designation for the Dakota skipper and Poweshiek 
skipperling (78 FR 63625). We published a final rule designating 
critical habitat for the two species on October 1, 2015 (80 FR 59248).

Administrative Procedure

    As explained above, this rulemaking is necessary to correct an 
error associated with the publication of a map for the wrong species 
and an editorial error related to the title of a map. Therefore, under 
these circumstances, we have determined, pursuant to 5

[[Page 14199]]

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 nor 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 that, under 5 U.S.C. 
553(d)(3), 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 Subjects in 50 CFR Part 17

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

Regulation Promulgation

    For the reasons given in the preamble, 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 SPECIES

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.


0
2. In Sec.  17.95, in the entry for ``Poweshiek Skipperling (Oarisma 
Poweshiek)'', revise paragraphs (i)(28) and (30) to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) Insects.
* * * * *
    Poweshiek Skipperling (Oarisma Poweshiek)
* * * * *
    (28) PS Minnesota Unit 7, Lincoln and Pipestone Counties, 
Minnesota. Map of PS Minnesota Unit 7 follows:
 BILLING CODE 4333-15-P

[[Page 14200]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.004

* * * * *
    (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. 
Map of PS Minnesota Unit 10 follows:

[[Page 14201]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.005


[[Page 14202]]


* * * * *

    Dated: February 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the 
authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-06736 Filed 4-2-18; 8:45 am]
BILLING CODE 4333-15-C

14198 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations Authors Regulation Promulgation ■ 2. Amend § 17.11 in paragraph (h) by Accordingly, we amend part 17, adding an entry for ‘‘Lance, yellow’’ to The primary authors of this final rule the List of Endangered and Threatened are the staff members of the Fish and subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: Wildlife in alphabetical order under Wildlife Service’s Species Assessment CLAMS to read as follows: Team and the Raleigh Ecological PART 17—ENDANGERED AND Services Field Office. THREATENED WILDLIFE AND PLANTS § 17.11 Endangered and threatened wildlife. List of Subjects in 50 CFR Part 17 ■ 1. The authority citation for part 17 * * * * * Endangered and threatened species, continues to read as follows: (h) * * * Exports, Imports, Reporting and Authority: 16 U.S.C. 1361–1407; 1531– recordkeeping requirements, 1544; and 4201–4245; unless otherwise Transportation. noted. Listing citations and Common name Scientific name Where listed Status applicable rules * * * * * * * CLAMS * * * * * * * Lance, yellow ................. Elliptio lanceolata ......... Wherever found ........... T 83 FR [Insert Federal Register page where the document begins]; 4/3/2018. * * * * * * * * * * * * necessary correction to the critical remove the incorrect map at paragraph Dated February 23, 2018. habitat designation for the Poweshiek (28) of the entry for Poweshiek James W. Kurth, skipperling. We are also replacing a map skipperling and insert the correct map depicting critical habitat for Poweshiek in its place. We are also replacing the Deputy Director, U.S. Fish and Wildlife Service, exercising the authority of the skipperling in Minnesota to make an map depicting critical habitat for Director. editorial correction in the title. Poweshiek skipperling for Minnesota DATES: This correction is effective April Unit 10 at paragraph (30) to make an [FR Doc. 2018–06735 Filed 4–2–18; 8:45 am] 3, 2018. editorial correction in the title. The old BILLING CODE 4333–15–P FOR FURTHER INFORMATION CONTACT: map referred to ‘‘Swift and Chippewa Susan Wilkinson, (703) 358–2506. If you County,’’ and the new map correctly DEPARTMENT OF THE INTERIOR use a telecommunications device for the refers to ‘‘Swift and Chippewa deaf (TDD), call the Federal Relay Counties.’’ Fish and Wildlife Service Service at 800–877–8339. Previous Federal Action SUPPLEMENTARY INFORMATION: The We listed the Dakota skipper as a 50 CFR Part 17 Dakota skipper (Hesperia dacotae) is threatened species and the Poweshiek [Docket No. FWS–R3–ES–2013–0017; listed under the Act as a threatened skipperling as an endangered species on 4500030113] species, and the Poweshiek skipperling October 24, 2014 (79 FR 63672) with a (Oarisma poweshiek) is listed as rule issued under section 4(d) of the Act RIN 1018–AZ58 endangered. In a final rule that for the Dakota skipper. This rule published October 1, 2015 (80 FR followed publication on October 24, Endangered and Threatened Wildlife 59248), we designated critical habitat 2013, of a proposal to list the Dakota and Plants; Designation of Critical for the two butterfly species pursuant to skipper as threatened with a section 4(d) Habitat for the Dakota Skipper and the Act (16 U.S.C. 1531 et seq.). The rule rule and the Poweshiek skipperling as Poweshiek Skipperling; Correction added critical habitat for these species endangered (78 FR 63573). Also on AGENCY: Fish and Wildlife Service, to title 50 of the Code of Federal October 24, 2013, we published in the Interior. Regulations (CFR) at 50 CFR 17.95(i). Federal Register a proposed critical ACTION: Correcting amendments. The rule included 32 maps showing habitat designation for the Dakota critical habitat areas for the Dakota skipper and Poweshiek skipperling (78 SUMMARY: We, the U.S. Fish and skipper and 48 maps showing critical FR 63625). We published a final rule Wildlife Service, published a final rule habitat areas for the Poweshiek designating critical habitat for the two in the Federal Register on October 1, skipperling. We inadvertently inserted a species on October 1, 2015 (80 FR 2015, to designate critical habitat for the map showing critical habitat for the 59248). Dakota skipper (Hesperia dacotae) and Dakota skipper for Minnesota Unit 7 in the Poweshiek skipperling (Oarisma the location where we should have Administrative Procedure nshattuck on DSK9F9SC42PROD with RULES poweshiek), under the Endangered included a map showing critical habitat As explained above, this rulemaking Species Act of 1973, as amended (Act). for the Poweshiek skipperling for is necessary to correct an error Inadvertently, we published a map of a Minnesota Unit 7. The two maps are associated with the publication of a map critical habitat unit for the Dakota different because the areas being for the wrong species and an editorial skipper in Minnesota where we should designated for each species as error related to the title of a map. have published a map for the Poweshiek ‘‘Minnesota Unit 7’’ are different. Therefore, under these circumstances, skipperling. This document makes the Therefore, with this document, we we have determined, pursuant to 5 VerDate Sep<11>2014 13:13 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations 14199 U.S.C. 553(b)(3)(B), that prior notice and List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 1531– opportunity for public comment are 1544; 4201–4245; unless otherwise noted. impractical and unnecessary. Public Endangered and threatened species, Exports, Imports, Reporting and ■ 2. In § 17.95, in the entry for opportunity for comment is simply not ‘‘Poweshiek Skipperling (Oarisma required when an agency amends a recordkeeping requirements, Transportation. Poweshiek)’’, revise paragraphs (i)(28) regulation to remove regulatory and (30) to read as follows: provisions that are nor consistent with Regulation Promulgation law. Such action is ministerial in nature § 17.95 Critical habitat—fish and wildlife. and allows for no discretion on the part For the reasons given in the preamble, * * * * * of the agency. Thus, public comment we amend part 17, subchapter B of (i) Insects. could not inform this process in any chapter I, title 50 of the Code of Federal * * * * * meaningful way. We have further Regulations, as set forth below: Poweshiek Skipperling (Oarisma determined that, under 5 U.S.C. Poweshiek) 553(d)(3), the agency has good cause to PART 17—ENDANGERED AND * * * * * make this rule effective upon THREATENED SPECIES (28) PS Minnesota Unit 7, Lincoln and publication, which is to comply with Pipestone Counties, Minnesota. Map of the Act as soon as practicable. ■ 1. The authority citation for part 17 PS Minnesota Unit 7 follows: continues to read as follows: BILLING CODE 4333–15–P nshattuck on DSK9F9SC42PROD with RULES VerDate Sep<11>2014 13:13 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1

14200 Federal Register/Vol. 83, No. 64/Tuesday, April 3, 2018 /Rules and Regulations [ 0 l * * * * * (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. Map of PS Minnesota Unit 10 follows:

Federal Register/Vol. 83, No. 64 /Tuesday, April 3, 2018 /Rules and Regulations 14201 FL W W i i oena Gonesmu & doapwee * cmd . Boy mBm Bc fhe rmmntie

14202 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations * * * * * 5305, or email: Kelli.ODonnell@ processor. The commercial sector for Dated: February 14, 2018. noaa.gov. greater amberjack will re-open on James W. Kurth, SUPPLEMENTARY INFORMATION: NMFS January 1, 2019, the beginning of the manages the reef fish fishery of the Gulf, 2019 greater amberjack commercial Deputy Director, U.S. Fish and Wildlife Service, exercising the authority of the which includes greater amberjack, fishing season. Director, U.S. Fish and Wildlife Service. under the Fishery Management Plan for During the commercial closure, the [FR Doc. 2018–06736 Filed 4–2–18; 8:45 am] the Reef Fish Resources of the Gulf bag and possession limits specified in BILLING CODE 4333–15–C (FMP). The Gulf of Mexico Fishery 50 CFR 622.38(b)(1) apply to all harvest Management Council (Council) or possession of greater amberjack in or prepared the FMP and NMFS from the Gulf EEZ. Additionally, the DEPARTMENT OF COMMERCE implements the FMP under the recreational sector for greater amberjack authority of the Magnuson-Stevens is closed until May 1, 2018. During the National Oceanic and Atmospheric Fishery Conservation and Management recreational closure, the bag and Administration Act (Magnuson-Stevens Act) by possession limits for greater amberjack regulations at 50 CFR part 622. All in or from the Gulf EEZ are zero. 50 CFR Part 622 greater amberjack weights discussed in Classification this temporary rule are in round weight. [Docket No. 1206013412–2517–02] The 2018 commercial annual catch The Regional Administrator, RIN 0648–XG110 limit (ACL) for Gulf greater amberjack is Southeast Region, NMFS, has 319,140 lb (144,759 kg), as specified in determined this temporary rule is Fisheries of the Caribbean, Gulf of 50 CFR 622.41(a)(1)(iii). The 2018 necessary for the conservation and Mexico, and South Atlantic; 2018 commercial quota (equivalent to the management of Gulf greater amberjack Commercial Accountability Measure commercial ACT) is 277,651 lb and is consistent with the Magnuson- and Closure for Gulf of Mexico Greater (125,940.38 kg), as specified in 50 CFR Stevens Act and other applicable laws. Amberjack 622.39(a)(1)(v). Additionally, the greater This action is taken under 50 CFR amberjack commercial sector is closed AGENCY: National Marine Fisheries 622.41(a)(1) and is exempt from review each year during the months of March, Service (NMFS), National Oceanic and under Executive Order 12866. April, and May as specified in 50 CFR Atmospheric Administration (NOAA), These measures are exempt from the 622.36(a). Commerce. Under 50 CFR 622.41(a)(1)(i), NMFS procedures of the Regulatory Flexibility ACTION: Temporary rule; closure. is required to close the commercial Act, because the temporary rule is sector for greater amberjack when the issued without opportunity for prior SUMMARY: NMFS implements notice and comment. accountability measures (AMs) for commercial ACT is reached, or is commercial greater amberjack in the projected to be reached, by filing a This action responds to the best Gulf of Mexico (Gulf) reef fish fishery notification to that effect with the Office scientific information available. The for the 2018 fishing year through this of the Federal Register. NMFS has Assistant Administrator for NOAA temporary rule. NMFS has determined determined that as of March 15, 2018, Fisheries (AA), finds that there is good greater amberjack landings have 106.4 percent of the 2018 commercial cause to waive the requirements to exceeded the 2018 commercial annual ACT has been reached. Accordingly, provide prior notice and opportunity for catch target (ACT). Therefore, the NMFS is closing commercial harvest of public comment pursuant to the commercial sector fishing season for greater amberjack from the Gulf EEZ for authority set forth in 5 U.S.C. 553(b)(B). greater amberjack in the Gulf exclusive the remainder of the 2018 fishing year Such procedures are unnecessary economic zone (EEZ) will not re-open effective 12:01 a.m., local time, June 1, because the rule establishing the on June 1, 2018, the end of the 2018, until 12:01 a.m., local time, requirement to close the commercial commercial seasonal closure, and the January 1, 2019. This means that the sector when the commercial ACT is sector will remain closed until the start commercial sector for Gulf greater reached or projected to be reached was of the next commercial fishing season amberjack will not re-open on June 1, subject to notice and comment, and on January 1, 2019. This closure is 2018. NMFS must now notify the public of the During the commercial closure, the closure. necessary to protect the Gulf greater sale or purchase of greater amberjack Authority: 16 U.S.C. 1801 et seq. amberjack resource. taken from the EEZ is prohibited. The DATES: This rule is effective 12:01 a.m., prohibition on sale or purchase does not Dated: March 29, 2018. local time, June 1, 2018, until 12:01 apply to the sale or purchase of greater Jennifer M. Wallace, a.m., local time, January 1, 2019. amberjack that were harvested, landed Acting Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: ashore, and sold prior to 12:01 a.m., Fisheries, National Marine Fisheries Service. Kelli O’Donnell, NMFS Southeast local time, March 1, 2018, and were [FR Doc. 2018–06732 Filed 4–2–18; 8:45 am] Regional Office, telephone: 727–824– held in cold storage by a dealer or BILLING CODE 3510–22–P nshattuck on DSK9F9SC42PROD with RULES VerDate Sep<11>2014 13:13 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\03APR1.SGM 03APR1


Document Created: 2018-04-03 00:49:37
Document Modified: 2018-04-03 00:49:37
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
ActionCorrecting amendments.
DatesThis correction is effective April 3, 2018.
ContactSusan Wilkinson, (703) 358-2506. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800-877-8339.
FR Citation83 FR 14198 
RIN Number1018-AZ58
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation
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