83 FR 2085 - Endangered and Threatened Wildlife and Plants; Taxonomical Update for Orangutan
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 10 (January 16, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2085-2087 | |
| FR Document | 2018-00610 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Rules and Regulations] [Pages 2085-2087] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00610] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-HQ-ES-2017-0081; 4500090024] RIN 1018-BC54 Endangered and Threatened Wildlife and Plants; Taxonomical Update for Orangutan AGENCY: Fish and Wildlife Service, Interior. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of the orangutan under the Endangered Species Act of 1973, as amended (Act). When we listed the orangutan in 1970, the listed entity included all orangutans in the genus Pongo. At that time, the scientific community recognized one species (Pongo pygmaeus) in the genus Pongo, which consisted of two subspecies (P. pygmaeus pygmaeus and P. p. abelii). However, the orangutan has recently been reclassified as belonging to two distinct species: P. pygmaeus and P. abelii. Therefore, we are revising the List of Endangered and Threatened Wildlife to reflect the current scientifically accepted taxonomy and nomenclature of the orangutan. Because all orangutans in the genus Pongo are already included under the original listing of Pongo pygmaeus as endangered under the Act, the newly recognized taxonomic species is considered part of the original listed entity, and this technical correction does not alter the regulatory protections afforded to the orangutan. For the same reason, if other Pongo species emerge due to future taxonomic revisions to further subdivide the genus Pongo, they would be encompassed by the original listing and this technical correction. DATES: This rule is effective April 16, 2018 without further action, unless we receive significant scientific information that provides strong justifications as to why this rule should not be adopted or why it should be changed on or before February 15, 2018. If we receive significant scientific information regarding this taxonomic change for the orangutan, we will publish a timely withdrawal of this rule in the Federal Register. ADDRESSES: You may submit comments by one of the following methods:Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, [[Page 2086]] enter FWS-HQ-ES-2017-0081, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, you may submit a comment by clicking on ``Comment Now!'' By hard copy: Submit comments by U.S. mail or hand- delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2017-0081; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041- 3803. See Public Comments, below, for more information about submitting comments. 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: Public Comments You may submit your comments and materials regarding this direct final rule by one of the methods listed in ADDRESSES. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. We will not consider comments sent by email or fax, or to an address not listed in ADDRESSES. We will post all comments on http://www.regulations.gov. Before including your address, phone number, email address, or other personal information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing this direct final rule, will be available for public inspection on the internet at http://www.regulations.gov. Please note that comments posted to http://www.regulations.gov are not immediately viewable. When you submit a comment, the system receives it immediately. However, the comment will not be publicly viewable until we post it, which might not occur until several days after the submission. Information regarding this rule is available in alternative formats upon request (see FOR FURTHER INFORMATION CONTACT). Previous Federal Actions In a final rule published in the Federal Register on June 2, 1970 (35 FR 8491), we listed the orangutan (Pongo pygmaeus) under the Act's precursor, the Endangered Species Conservation Act of 1969 (Pub. L. 91- 135), as an endangered species, and since then, the species has remained listed as an endangered species under the Act (16 U.S.C. 1531 et seq.). This Rule Background We are directed by title 50 of the Code of Federal Regulations (CFR) at Sec. Sec. 17.11(c) and 17.12(b) (50 CFR 17.11(c) and 17.12(b)) to use the most recently accepted scientific name of any wildlife or plant species, respectively, that we have determined to be an endangered or threatened species. Taxonomy Orangutans were historically classified as one species with two subspecies, Pongo pygmaeus pygmaeus and P. p. abelii. In accordance with taxonomic classifications at the time, we listed the orangutan in 1970, recognizing one species of orangutan (Pongo pygmaeus) as the listed entity occurring in Indonesia, Malaysia, and Brunei (35 FR 8491; June 2, 1970). However, the orangutan, currently only found in northern Sumatra (Indonesia) and Borneo (Indonesia and Malaysia), has recently been reclassified as belonging to two distinct species: P. pygmaeus, which occurs in Borneo (Malaysia and Indonesia), and P. abelii, which occurs in northern Sumatra (Indonesia) (Groves, in WWF Orangutan Action Plan, 1999, p. 27; Singleton et al. 2016, p. 3; Singleton et al. 2004, p. 181; Xu and Arnason 1996, p. 435; Brandon-Jones et al. 2004, pp. 153-155; Zhang et al. 2001, pp. 522-525). Additionally, orangutans in Borneo (P. pygmaeus) are now recognized to contain three subspecies (P. pygmaeus pygmaeus, P. p. wurmbii, and P. p. morio) (Brandon-Jones et al. 2004, pp. 181, 193). While some scientists question the data and effectiveness of elevating Sumatran and Bornean orangutans to full species (Muir 1998, p. 378; Muir et al. 2000, pp. 476-479), species-level classification was advocated jointly in April 2000, by Conservation International, the International Union for the Conservation of Nature Species Survival Commission's Primate Specialist Group, and the Center for Environmental Research and Conservation (Orangutan Species Survival Plan 2015). The newer classification recognizing two distinct species is widely accepted today by most experts based on genetic and morphological data (Singleton et al. 2016, p. 3; Ancrenaz et al. 2016, p. 3). The entity that resides closest to Brunei is a subspecies of P. pygmaeus. Individual orangutans in Brunei are described as transient, and no permanent populations have been reported there (World Atlas of Great Apes and Their Conservation 2005, p. 427; Orangutan Foundation International 2017, no pagination). Taxonomic Corrections Made in This Rule All orangutan populations are encompassed by the previous listed entity, Pongo pygmaeus. Using the best available scientific information, this direct final rule documents the reclassification of the orangutan as two distinct species, Pongo pygmaeus and Pongo abelii, on the List of Endangered and Threatened Wildlife (50 CFR 17.11(h)). This change is supported by published studies in peer-reviewed journals, and it does not affect the range or endangered status of the orangutan. If other Pongo species emerge due to future taxonomic revisions to further subdivide the genus Pongo, they would be encompassed by the original listing and this technical correction. Use of Direct Final Rule The purpose of this direct final rule is to notify the public that we are revising the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) to reflect the scientifically accepted taxonomy and nomenclature of the orangutan. In accordance with 50 CFR 17.11(c), we are revising the taxonomy of the orangutan to reflect the reclassification of the previously listed entity into two distinct species, acknowledging both Pongo pygmaeus and P. abelii as endangered species under the Act. We are publishing this final rule without a prior proposal because this is a technical action that is in the best interest of the public and should be undertaken in as timely a manner as possible. It does not alter the regulatory protections afforded to the orangutan but is a taxonomic revision necessary to acknowledge that both Pongo pygmaeus and Pongo abelii retain endangered status under the Act. This rule will be effective, as published in this document, on the effective date specified in DATES, unless we receive significant scientific [[Page 2087]] information that provides strong justifications as to why this rule should not be adopted or why it should be changed on or before the comment due date specified in DATES. If we receive comments containing significant scientific information that provides strong justifications as to why this rule should not be adopted or why it should be changed regarding the taxonomic change for the orangutan, we will publish a document in the Federal Register withdrawing this rule before the effective date. If the rule is withdrawn, we may publish a proposed rule to initiate promulgation of this taxonomic revision or we may end the rulemaking process. Required Determinations National Environmental Policy Act We have determined that environmental assessments and environmental impact statements, 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 issued pursuant to section 4(a) of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (43 FR 49244). Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To help us to revise this rule, your comments should be as specific as possible. List of References Cited A list of the references cited in this direct final rule is provided in Docket No. FWS-HQ-ES-2017-0081 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. 0 2. Amend Sec. 17.11(h) by adding an entry for ``Orangutan'' [Pongo abelii] in alphabetical order by common and scientific name and revising the entry for ``Orangutan'' [Pongo pygmaeus] under MAMMALS to read as follows: Sec. 17.11 Endangered and threatened wildlife. * * * * * (h) * * * ---------------------------------------------------------------------------------------------------------------- Listing citations Common name Scientific name Where listed Status and applicable rules ---------------------------------------------------------------------------------------------------------------- MAMMALS * * * * * * * Orangutan......................... Pongo abelii......... Wherever found....... E 35 FR 8491, 6/2/ 1970; 83 FR [Insert Federal Register page where the document begins], 1/ 16/2018. Orangutan......................... Pongo pygmaeus....... Wherever found....... E 35 FR 8491, 6/2/ 1970; 83 FR [Insert Federal Register page where the document begins], 1/ 16/2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: December 13, 2017. 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. 2018-00610 Filed 1-12-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2085
Lifeline subscribers the resulting subpart, a ‘‘customary charge for DEPARTMENT OF THE INTERIOR
amount. commencing telecommunications
* * * * * service’’ is the ordinary charge an Fish and Wildlife Service
■ 3. Amend § 54.410 by revising
eligible telecommunications carrier
imposes and collects from all 50 CFR Part 17
paragraphs (b)(2)(ii), (c)(2)(ii), and (e) to
read as follows: subscribers to initiate service with that [Docket No. FWS–HQ–ES–2017–0081;
eligible telecommunications carrier. A 4500090024]
§ 54.410 Subscriber eligibility charge imposed only on qualifying low-
determination and certification. income consumers to initiate service is RIN 1018–BC54
* * * * * not a customary charge for commencing
Endangered and Threatened Wildlife
(b) * * * telecommunications service. Activation
and Plants; Taxonomical Update for
(2) * * * charges routinely waived, reduced, or
Orangutan
(ii) If a state Lifeline administrator or eliminated with the purchase of
other state agency is responsible for the additional products, services, or AGENCY: Fish and Wildlife Service,
initial determination of a subscriber’s minutes are not customary charges Interior.
eligibility, a copy of the subscriber’s eligible for universal service support; ACTION: Direct final rule.
certification that complies with the and
requirements set forth in paragraph (d) (2) A deferred schedule of payments SUMMARY: We, the U.S. Fish and
of this section. of the customary charge for commencing Wildlife Service (Service), announce the
* * * * * telecommunications service for a single revised taxonomy of the orangutan
(c) * * * telecommunications connection at a under the Endangered Species Act of
(2) * * * subscriber’s principal place of residence 1973, as amended (Act). When we listed
(ii) If a state Lifeline administrator or imposed by an eligible the orangutan in 1970, the listed entity
other state agency is responsible for the telecommunications carrier that is also included all orangutans in the genus
initial determination of a subscriber’s receiving high-cost support on rural Pongo. At that time, the scientific
eligibility, a copy of the subscriber’s Tribal lands, pursuant to subpart D of community recognized one species
certification that complies with the this part, for which the eligible resident (Pongo pygmaeus) in the genus Pongo,
requirements set forth in paragraph (d) of rural Tribal lands does not pay which consisted of two subspecies (P.
of this section. interest. The interest charges not pygmaeus pygmaeus and P. p. abelii).
assessed to the eligible resident of rural However, the orangutan has recently
* * * * *
Tribal lands shall be for a customary been reclassified as belonging to two
(e) State Lifeline administrators or
charge for connecting the distinct species: P. pygmaeus and P.
other state agencies that are responsible
telecommunications service of up to abelii. Therefore, we are revising the
for the initial determination of a
$200 and such interest charges shall be List of Endangered and Threatened
subscriber’s eligibility for Lifeline must
deferred for a period not to exceed one Wildlife to reflect the current
provide each eligible
year. scientifically accepted taxonomy and
telecommunications carrier with a copy
(b) An eligible resident of rural Tribal nomenclature of the orangutan. Because
of each of the certification forms
lands may receive the benefit of the all orangutans in the genus Pongo are
collected by the state Lifeline
Tribal Link Up program for a second or already included under the original
administrator or other state agency for
subsequent time only for otherwise listing of Pongo pygmaeus as
that carrier’s subscribers.
qualifying commencement of endangered under the Act, the newly
* * * * * telecommunications service at a recognized taxonomic species is
§ 54.411 [Removed and Reserved] principal place of residence with an considered part of the original listed
address different from the address for entity, and this technical correction
■ 4. Remove and reserve § 54.411.
which Tribal Link Up assistance was does not alter the regulatory protections
■ 5. Revise § 54.413 to read as follows: provided previously. afforded to the orangutan. For the same
§ 54.413 Link Up for rural Tribal lands. ■ 5. Amend § 54.414 by revising
reason, if other Pongo species emerge
(a) For purposes of this subpart, the paragraph (b) to read as follows: due to future taxonomic revisions to
term ‘‘Tribal Link Up’’ means an further subdivide the genus Pongo, they
assistance program for eligible residents
§ 54.414 Reimbursement for Tribal Link would be encompassed by the original
Up. listing and this technical correction.
of Tribal lands, if the subscriber’s
location is rural, as defined in * * * * * DATES: This rule is effective April 16,
(b) In order to receive universal 2018 without further action, unless we
§ 54.505(b)(3)(i) and (ii), seeking
support reimbursement for providing receive significant scientific information
telecommunications service from a
Tribal Link Up, eligible that provides strong justifications as to
telecommunications carrier that is
telecommunications carriers must use why this rule should not be adopted or
receiving high-cost support on rural
the maps made available by the why it should be changed on or before
Tribal lands, pursuant to subpart D of
Administrator to determine an eligible February 15, 2018. If we receive
this part, that provides:
resident of rural Tribal lands’ initial significant scientific information
(1) A 100 percent reduction, up to
eligibility for Tribal Link Up. Eligible regarding this taxonomic change for the
$100, of the customary charge for
telecommunications carriers must orangutan, we will publish a timely
commencing telecommunications
obtain a certification form from each withdrawal of this rule in the Federal
service for a single telecommunications
daltland on DSKBBV9HB2PROD with RULES
eligible resident of Tribal lands that Register.
connection at a subscriber’s principal
complies with § 54.410 prior to
place of residence imposed by an ADDRESSES: You may submit comments
enrolling him or her in Tribal Link Up.
eligible telecommunications carrier that by one of the following methods:
is also receiving high-cost support on * * * * * • Electronically: Go to the Federal
rural Tribal lands, pursuant to subpart [FR Doc. 2018–00152 Filed 1–12–18; 8:45 am] eRulemaking Portal: http://
D of this part. For purposes of this BILLING CODE 6712–01–P www.regulations.gov. In the Search box,
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![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2087
information that provides strong determination in the Federal Register List of Subjects in 50 CFR Part 17
justifications as to why this rule should on October 25, 1983 (43 FR 49244). Endangered and threatened species,
not be adopted or why it should be Exports, Imports, Reporting and
Clarity of the Rule
changed on or before the comment due recordkeeping requirements,
date specified in DATES. We are required by Executive Orders
Transportation.
If we receive comments containing 12866 and 12988 and by the
significant scientific information that Presidential Memorandum of June 1, Regulation Promulgation
provides strong justifications as to why 1998, to write all rules in plain Accordingly, we hereby amend part
this rule should not be adopted or why language. This means that each rule we 17, subchapter B of chapter I, title 50 of
it should be changed regarding the publish must: the Code of Federal Regulations, as set
taxonomic change for the orangutan, we (a) Be logically organized; forth below:
will publish a document in the Federal (b) Use the active voice to address
Register withdrawing this rule before readers directly; PART 17—ENDANGERED AND
the effective date. If the rule is (c) Use clear language rather than THREATENED WILDLIFE AND PLANTS
withdrawn, we may publish a proposed jargon;
rule to initiate promulgation of this (d) Be divided into short sections and ■ 1. The authority citation for part 17
taxonomic revision or we may end the sentences; and continues to read as follows:
rulemaking process. (e) Use lists and tables wherever Authority: 16 U.S.C. 1361–1407; 1531–
Required Determinations possible. 1544; and 4201–4245, unless otherwise
If you feel that we have not met these noted.
National Environmental Policy Act requirements, send us comments by one ■ 2. Amend § 17.11(h) by adding an
We have determined that of the methods listed in ADDRESSES. To entry for ‘‘Orangutan’’ [Pongo abelii] in
environmental assessments and help us to revise this rule, your alphabetical order by common and
environmental impact statements, as comments should be as specific as scientific name and revising the entry
defined under the authority of the possible. for ‘‘Orangutan’’ [Pongo pygmaeus]
National Environmental Policy Act of under MAMMALS to read as follows:
1969 (42 U.S.C. 4321 et seq.), need not List of References Cited
be prepared in connection with A list of the references cited in this § 17.11 Endangered and threatened
regulations issued pursuant to section direct final rule is provided in Docket wildlife.
4(a) of the Act. We published a notice No. FWS–HQ–ES–2017–0081 at http:// * * * * *
outlining our reasons for this www.regulations.gov. (h) * * *
Common name Scientific name Where listed Status Listing citations and applicable rules
MAMMALS
* * * * * * *
Orangutan ................................ Pongo abelii ........................... Wherever found ...................... E 35 FR 8491, 6/2/1970; 83 FR [Insert
Federal Register page where the
document begins], 1/16/2018.
Orangutan ................................ Pongo pygmaeus ................... Wherever found ...................... E 35 FR 8491, 6/2/1970; 83 FR [Insert
Federal Register page where the
document begins], 1/16/2018.
* * * * * * *
Dated: December 13, 2017.
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. 2018–00610 Filed 1–12–18; 8:45 am]
BILLING CODE 4333–15–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-01-13 02:02:36
Document Modified: 2018-01-13 02:02:36
| 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 | Direct final rule. | |
| Dates | This rule is effective April 16, 2018 without further action, unless we receive significant scientific information that provides strong justifications as to why this rule should not be adopted or why it should be changed on or before February 15, 2018. If we receive significant scientific information regarding this taxonomic change for the orangutan, we will publish a timely withdrawal of this rule in the Federal Register. | |
| 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 | 83 FR 2085 | |
| RIN Number | 1018-BC54 | |
| CFR Associated | Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation |
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