[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14113]
[[Page Unknown]]
[Federal Register: June 16, 1994]
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Part XI
Department of the Interior
Fish and Wildlife Service
50 Part 17
Department of Commerce
National Oceanic and Atmospheric Administration
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50 CFR Part 222
Endangered and Threatened Wildlife and Plants; Remove the Eastern North
Pacific Population of the Gray Whale From the List of Endangered
Wildlife; Final Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 101-8AC38
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
[Docket No. 921233-2333; I.D. 011394B]
Endangered and Threatened Wildlife and Plants; Final Rule to
Remove the Eastern North Pacific Population of the Gray Whale From the
List of Endangered Wildlife
AGENCIES: Fish and Wildlife Service (Service), Interior, and National
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Service is amending the List of Endangered and Threatened
Wildlife and Plants (List) by revising the entry for the gray whale
(Eschrichtius robustus) to remove the eastern North Pacific
(California) population from the List while retaining the western North
Pacific (Korean) population as endangered. In addition, the NMFS is
amending its list of endangered species under NMFS jurisdiction. These
actions correspond to a determination by NMFS, and concurrence by the
Service, that the eastern North Pacific population of the gray whale
should be removed from the List. The eastern North Pacific population
has recovered to near its estimated original population size and is
neither in danger of extinction throughout all or a significant portion
of its range, nor likely to again become endangered within the
foreseeable future throughout all or a significant portion of its
range. The Service and NMFS believe that the western North Pacific gray
whale population, which is geographically isolated from the eastern
population, has not recovered and should remain listed as endangered.
EFFECTIVE DATE: June 16, 1994.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours, at the Office of
Protected Resources, National Marine Fisheries Service, 1335 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, at the above NMFS address (telephone 301/713-
2055), or Jamie Rappaport Clark, Chief, Division of Endangered Species,
U.S. Fish and Wildlife Service, ARLSQ-452, Washington, D.C. 20240
(telephone 703/358-2171).
SUPPLEMENTARY INFORMATION: The Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.), is administered jointly by the
Service and NMFS. NMFS has jurisdiction over most marine species,
including whales, and makes determinations under section 4(a) of the
Act as to whether a species should be listed as endangered or
threatened. Reclassification of listed species from endangered to
threatened and removal of species from the List require concurrence by
the Service with the NMFS determination. The Service maintains and
publishes the List, codified at 50 CFR 17.11 and 17.12, for all species
determined by the Service or NMFS to be endangered or threatened.
On January 7, 1993 (58 FR 3121), NMFS published a final notice of
determination that the eastern North Pacific (California) stock
(population) of gray whale has recovered to near its estimated original
population size and, while individual and cumulative impacts may have
the potential to adversely affect the eastern population, that
population is neither in danger of extinction throughout all or a
significant portion of its range, nor likely to again become endangered
within the foreseeable future throughout all or a significant portion
of its range. NMFS determined, therefore, that the eastern North
Pacific population of the gray whale should be removed from the List
under the Act. NMFS also determined that the western North Pacific gray
whale stock, which is geographically isolated from the eastern
population, has not recovered and should remain listed as endangered.
NMFS conducted a comprehensive evaluation of the status of the
species in terms of the factors contained in section 4(a)(1) of the Act
for listing and delisting actions, and provided an extensive public
comment period on its proposed determination (56 FR 58869; November 22,
1991). The Service has reviewed the complete administrative record
regarding this action and finds that the determination is well based
and concurs that the eastern North Pacific population should be removed
from the List. Therefore, in accordance with section 4(a)(2) of the
Act, the Service is amending the List by revising the entry for the
gray whale to remove the eastern North Pacific (California) population,
while retaining the western North Pacific (Korean) population as
endangered. A list of endangered species under the jurisdiction of NMFS
is contained in 50 CFR part 222. Therefore, concurrent with the
Service's regulatory action, NMFS is amending Sec. 222.23(a) to
correspond with the amendment of Sec. 17.11(h).
This final rule is issued under 50 CFR parts 17 and 222 and is not
subject to Office of Management and Budget review under E.O. 12866.
Because this rule implements a determination previously subject to
notice and comment and will relieve an existing restriction, the
Service Director and the Assistant Administrator for Fisheries, NOAA,
under section 553(b)(B) and (d) of the Administrative Procedure Act (5
U.S.C. 553 et seq.), for good cause, find that it is unnecessary to
provide additional notice and public comment on this rule or to delay
for 30 days its effective date.
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act
(NEPA) of 1969, need not be prepared in connection with regulations
adopted pursuant to section 4(a) of the Act, as amended. A notice
outlining the reasons for this determination was published by the
Service in the Federal Register on October 25, 1983 (48 FR 49244).
As amended in 1982 (Public Law 97-304), the Act, in section
4(b)(1)(A), restricts the information that may be considered when
assessing species for listing. Based on this limitation of criteria for
a listing decision and the opinion in Pacific Legal Foundation v.
Andrus, 657 F.2d 829 (6th Cir., 1981), NMFS has categorically excluded
all endangered species listings from environmental assessment
requirements of NEPA (48 FR 4413, February 6, 1984).
List of Subjects in 50 CFR Parts 17 and 222
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulations Promulgation
Accordingly, part 17, subchapter B of chapter I, and part 222,
subchapter C of chapter II, title 50 of the Code of Federal
Regulations, are amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by revising the table entry for
``Whale, gray'' in the ``Species'' column under the heading for MAMMALS
to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
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Mammals
* * * * * * *
Whale, gray.............. Eschrichtius robustus... North Pacific Ocean: Entire, except eastern E 3,536 NA NA
coastal and adjacent North Pacific Ocean:
seas. Formerly North coastal and Bering,
Atlantic Ocean. Beaufort, and Chukchi
Seas.
* * * * * * *
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PART 222--ENDANGERED FISH OR WILDLIFE
1. The authority citation for part 222 continues to read as
follows:
Authority: 16 U.S.C. 1531-1544.
Sec. 222.23 [Amended]
2. Section 222.23(a) is amended by removing the words ``Gray whale
(Eschrichtius robustus (glaucus, gibbosus))'' in the second sentence
and adding in their place the words ``Western North Pacific (Korean)
gray whale (Eschrichtius robustus)''.
Dated: February 28, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
Dated: March 9, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 94-14113 Filed 6-15-94; 8:45 am]
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