[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16284-16286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6188]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV16


Endangered and Threatened Wildlife and Plants; Adding Four Marine 
Taxa to the List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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[[Page 16285]]

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are adding 
four marine taxa to the List of Endangered and Threatened Wildlife 
(List) in accordance with the Endangered Species Act of 1973, as 
amended. These amendments are based on previously published 
determinations by the National Marine Fisheries Service (NMFS), 
National Oceanic and Atmospheric Administration, Department of 
Commerce, which has jurisdiction for these species. These four taxa are 
the Southern Distinct Population Segment (DPS) of green sturgeon 
(Acipenser medirostris), staghorn (Acropora cervicornis) and elkhorn 
(Acropora palmata) corals, and the Southern Resident killer whale DPS 
(Orcinus orca).

DATES: This rule is effective April 4, 2007.
    Applicability dates: The Southern DPS of the North American green 
sturgeon (Acipenser medirostris) listing is applicable as of June 6, 
2006. The elkhorn coral (Acropora palmata) and staghorn coral (Acropora 
cervicornis) listing is applicable as of June 8, 2006. The Southern 
Resident killer whale DPS (Orcinus orca) listing is applicable as of 
February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Branch of Listing, Endangered Species 
Program, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail 
Stop 420, Arlington, Virginia 22203 (703-358-2105).

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Act and the Reorganization Plan No. 4 of 
1970, NMFS has jurisdiction over these taxa. Under section 4(a)(2) of 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.), NMFS must decide whether a species under its jurisdiction should 
be classified as endangered or threatened. The Service is responsible 
for the actual amendment of the List in 50 CFR 17.11(h).
    On April 6, 2005, NMFS published a proposed rule (70 FR 17386) to 
list the Southern DPS of the North American green sturgeon (Acipenser 
medirostris) as threatened. During the public comment period for that 
proposed rule, NMFS received 32 comments. On April 7, 2006, NMFS 
published a final rule to list the Southern DPS of the North American 
green sturgeon as threatened (71 FR 17757). The listing was effective 
as of June 6, 2006. In that final rule, NMFS addressed all public 
comments received in response to the proposed rule.
    On May 9, 2005, NMFS published a proposed rule (70 FR 24359) to 
list the elkhorn coral (Acropora palmata) and staghorn coral (Acropora 
cervicornis) as threatened. During the public comment period for that 
proposed rule, NMFS received 1,393 comments. On May 9, 2006, NMFS 
published a final rule to list the elkhorn and staghorn corals as 
threatened (71 FR 26852). The listing was effective as of June 8, 2006. 
In that final rule, NMFS addressed all public comments received in 
response to the proposed rule.
    On December 22, 2004, NMFS published a proposed rule (69 FR 76673) 
to list the Southern Resident killer whale DPS (Orcinus orca) as 
threatened. During the public comment period for that proposed rule, 
NMFS received 1,326 comments. On November 18, 2005, NMFS published a 
final rule to list the Southern Resident killer whale DPS as threatened 
(70 FR 69903). The listing was effective as of February 16, 2006. In 
that final rule, NMFS addressed all public comments received in 
response to the proposed rule.
    Because NMFS provided a public comment period on the proposed rules 
for these taxa, and because this action of the Service to amend the 
List in accordance with the determination by NMFS is nondiscretionary, 
the Service finds 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 rules extended protection under the Act to these 
species and listed them in 50 CFR part 224; this rule is an 
administrative action to add the species to the List of Endangered and 
Threatened Species in 50 CFR 17.11(h). The public would not be served 
by delaying the effective date of this rulemaking action.
    For more information concerning these two listing determinations, 
please consult the respective rules published in the Federal Register.

Required Determinations

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to section 4(a) of the Act. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. We may not conduct or sponsor, and you are not required 
to respond to, a collection of information unless it displays a 
currently valid Office of Management and Budget (OMB) control number.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
Accordingly, part 17, subchapter B of chapter I, title 50 of the Code 
of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

0
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.


0
2. Amend Sec.  17.11(h) by:
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a. Adding the subheading ``CORALS'' at the end of the table; and
0
b. Adding the following entries, in alphabetical order under MAMMALS, 
FISHES, and CORALS, respectively, to the List of Endangered and 
Threatened Wildlife:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 16286]]



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                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                       When       Critical     Special
                                                           Historic  range       endangered or         Status         listed      habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
             MAMMALS
 
                                                                      * * * * * * *
Whale, killer....................  Orcinus orca........  Pacific Ocean......  Southern Resident    E                       756           NA           NA
                                                                               DPS, which
                                                                               consists of whales
                                                                               from the J, K, and
                                                                               L pods, wherever
                                                                               they are found in
                                                                               the wild.
 
                                                                      * * * * * * *
              FISHES
 
                                                                      * * * * * * *
Sturgeon, North America green....  Acipenser             U.S.A. (CA)........  U.S.A. (CA)          T                       756           NA           NA
                                    medirostris.                               Southern Distinct
                                                                               Population
                                                                               Segment, which
                                                                               includes all
                                                                               spawning
                                                                               populations south
                                                                               of the Eel River
                                                                               (exclusive),
                                                                               principally
                                                                               including the
                                                                               Sacramento River
                                                                               spawning
                                                                               population.
 
                                                                      * * * * * * *
              CORALS
Coral, elkhorn...................  Acropora palmata....  U.S.A. (FL, PR, VI,  N/A................  T                       756           NA           NA
                                                          Navassa); and
                                                          wider Caribbean-
                                                          Belize, Colombia,
                                                          Costa Rica,
                                                          Guatemala,
                                                          Honduras, Mexico,
                                                          Nicaragua, Panama,
                                                          Venezuela, and all
                                                          the islands of the
                                                          West Indies.
Coral, staghorn..................  Acropora cervicornis  U.S.A. (FL, PR, VI,  N/A................  T                       756           NA           NA
                                                          Navassa); and
                                                          wider Caribbean-
                                                          Belize, Colombia,
                                                          Costa Rica,
                                                          Guatemala,
                                                          Honduras, Mexico,
                                                          Nicaragua, Panama,
                                                          Venezuela, and all
                                                          the islands of the
                                                          West Indies.
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    Dated: March 23, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E7-6188 Filed 4-3-07; 8:45 am]
BILLING CODE 4310-55-P