[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52576-52578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21078]



[[Page 52576]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2014-0037; 4500030113]
RIN 1018-BA55


Endangered and Threatened Wildlife and Plants; Adding 10 Species 
to the List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
accordance with the Endangered Species Act of 1973, as amended (Act), 
are amending the List of Endangered and Threatened Wildlife (List) by 
adding: five species of foreign sturgeon (Adriatic sturgeon (Acipenser 
naccarii), Chinese sturgeon (A. sinensis), European sturgeon (A. 
sturio), Kaluga sturgeon (Huso dauricus), and Sakhalin sturgeon (A. 
mikadoi)); four distinct population segments (DPSs) of scalloped 
hammerhead shark (Sphyrna lewini) (Central and Southwest Atlantic 
(Central & SW Atlantic) DPS, Eastern Atlantic DPS, Indo-West Pacific 
DPS, and Eastern Pacific DPS); and a nonessential experimental 
population of Upper Columbia River spring-run Chinook salmon 
(Oncorhynchus tshawytscha). These amendments are based on previously 
published determinations by the National Marine Fisheries Service 
(NMFS) of the National Oceanic and Atmospheric Administration, 
Department of Commerce, which has jurisdiction for these species.

DATES: This rule is effective September 4, 2014. Applicability dates: 
The five sturgeon listings are effective as of July 2, 2014; the 
scalloped hammerhead shark DPS listings are effective as of September 
2, 2014; and the designation of a nonessential experimental population 
of Upper Columbia River spring-run Chinook salmon is effective as of 
August 11, 2014.

FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of 
Endangered Species Listing, U.S. Fish and Wildlife Service, MS-ES, 5275 
Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2171.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with the Act (16 U.S.C. 1531 et seq.) and 
Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS 
has jurisdiction over the marine and anadromous taxa identified in this 
rule. Under section 4(a)(2) of the Act, NMFS must decide whether a 
species under its jurisdiction should be classified as an endangered or 
threatened species. NMFS makes these determinations via its rulemaking 
process. We, the Service, are then responsible for publishing final 
rules to amend the List in the Code of Federal Regulations (CFR) at 50 
CFR 17.11(h).
    On October 31, 2013, NMFS published a proposed rule (78 FR 65249) 
to list the Adriatic sturgeon, Chinese sturgeon, European sturgeon, 
Kaluga sturgeon, and Sakhalin sturgeon as endangered species. NMFS 
solicited public comments on the proposed rule through December 30, 
2013. On June 2, 2014, NMFS published a final rule (79 FR 31222) to 
list the five species of sturgeon as endangered species. The listing is 
effective as of July 2, 2014. In that final rule, NMFS addressed all 
public comments received in response to the proposed rule. By 
publishing this final rule, we are simply taking the necessary 
administrative step to codify these changes in the List in the CFR.
    On April 5, 2013, NMFS published a proposed rule (78 FR 20718) to 
list four DPSs of scalloped hammerhead shark under the Act. NMFS 
proposed to list the Central & SW Atlantic DPS and Indo-West Pacific 
DPS as threatened species, and the Eastern Atlantic DPS and Eastern 
Pacific DPS as endangered species. NMFS solicited public comments on 
the proposed rule through June 4, 2013. On July 3, 2014, NMFS published 
a final rule (79 FR 38214) to list the Central & SW Atlantic DPS and 
Indo-West Pacific DPS of scalloped hammerhead shark as threatened 
species, and the Eastern Atlantic DPS and Eastern Pacific DPS of 
scalloped hammerhead shark as endangered species. The listing is 
effective as of September 2, 2014. In that final rule, NMFS addressed 
all public comments received in response to the proposed rule. By 
publishing this final rule, we are simply taking the necessary 
administrative step to codify these changes in the List in the CFR.
    On October 24, 2013, NMFS published a proposed rule (78 FR 63439) 
to designate and authorize the release of a nonessential experimental 
population (NEP) of Upper Columbia River spring-run Chinook salmon 
under section 10(j) of the Act in the Okanogan River subbasin, and to 
establish a limited set of take prohibitions for that population. NMFS 
solicited public comments on the proposed rule through December 9, 
2013. On July 11, 2014, NMFS published a final rule (79 FR 40004) to 
designate and authorize the release of this NEP of Upper Columbia River 
spring-run Chinook salmon in the Okanogan River subbasin, and 
established a limited set of take prohibitions for this NEP. The 
listing is effective as of August 11, 2014. In that final rule, NMFS 
addressed all public comments received in response to the proposed 
rule. By publishing this final rule, we are simply taking the necessary 
administrative step to codify these changes in the List in the CFR.

Administrative Procedure Act

    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 parts 223 and 224; this rule is an 
administrative action to add the species to the List of Endangered and 
Threatened Wildlife at 50 CFR 17.11(h). The public would not be served 
by delaying the effective date of this rulemaking action.

Required Determinations

National Environmental Policy Act

    We have 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. We outlined our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, 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; 1531-1544; 4201-4245, unless 
otherwise noted.


[[Page 52577]]



0
2. Amend Sec.  17.11(h) by adding entries to the List of Endangered and 
Threatened Wildlife under FISHES as follows:
0
a. Immediately following the entry for ``Salmon, Chinook (Upper 
Columbia River spring-run ESU)'', add an entry for ``Salmon, Chinook 
(Upper Columbia River spring-run ESU-XN)''; and
0
b. In alphabetical order, add entries for ``Shark, scalloped hammerhead 
(Central & SW Atlantic DPS)''; ``Shark, scalloped hammerhead (Eastern 
Atlantic DPS)''; ``Shark, scalloped hammerhead (Eastern Pacific DPS)''; 
``Shark, scalloped hammerhead (Indo-West Pacific DPS)''; ``Sturgeon, 
Adriatic''; ``Sturgeon, Chinese''; ``Sturgeon, European''; ``Sturgeon, 
Kaluga''; and ``Sturgeon, Sakhalin''.
    The additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                       When       Critical     Special
                                                            Historic range       endangered or         Status         listed      habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              FISHES
 
                                                                      * * * * * * *
Salmon, Chinook (Upper Columbia    Oncorhynchus          North America from   Upper Columbia       XN                      845           NA      223.301
 River spring-run ESU--XN).         tshawytscha.          Ventura River in     River spring-run
                                                          California to        ESU--XN--see 50
                                                          Point Hope,          CFR 223.102.
                                                          Alaska, and the
                                                          Mackenzie River
                                                          area in Canada;
                                                          northeast Asia
                                                          from Hokkaido,
                                                          Japan, to the
                                                          Anadyr River,
                                                          Russia.
 
                                                                      * * * * * * *
Shark, scalloped hammerhead        Sphyrna lewini......  Central and          Central & SW         T                       845           NA           NA
 (Central & SW Atlantic DPS).                             Southwest Atlantic   Atlantic DPS--see
                                                          Ocean, including     50 CFR 223.102.
                                                          Caribbean Sea.
Shark, scalloped hammerhead        Sphyrna lewini......  Eastern Atlantic     Eastern Atlantic     E                       845           NA           NA
 (Eastern Atlantic DPS).                                  Ocean, including     DPS--see 50 CFR
                                                          Mediterranean Sea.   224.101.
Shark, scalloped hammerhead        Sphyrna lewini......  Eastern Pacific      Eastern Pacific      E                       845           NA           NA
 (Eastern Pacific DPS).                                   Ocean.               DPS--see 50 CFR
                                                                               224.101.
Shark, scalloped hammerhead (Indo- Sphyrna lewini......  Indian Ocean and     Indo-West Pacific    T                       845           NA           NA
 West Pacific DPS).                                       Western Pacific      DPS--see 50 CFR
                                                          Ocean.               223.102.
 
                                                                      * * * * * * *
Sturgeon, Adriatic...............  Acipenser naccarii..  Adriatic Sea.......  Entire.............  E                       845           NA           NA
 
                                                                      * * * * * * *
Sturgeon, Chinese................  Acipenser sinensis..  Northwest Pacific    Entire.............  E                       845           NA           NA
                                                          Ocean in China,
                                                          Japan, South
                                                          Korea, and North
                                                          Korea.
Sturgeon, European...............  Acipenser sturio....  North Sea, the       Entire.............  E                       845           NA           NA
                                                          English Channel,
                                                          and most European
                                                          coasts of the
                                                          Atlantic Ocean,
                                                          the Mediterranean
                                                          Sea, and the Black
                                                          Sea.
 
                                                                      * * * * * * *
Sturgeon, Kaluga.................  Huso dauricus.......  Amur River basin,    Entire.............  E                       845           NA           NA
                                                          Sea of Okhotsk and
                                                          the Sea of Japan.
 

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                                                                      * * * * * * *
Sturgeon, Sakhalin...............  Acipenser mikadoi...  Northwest Pacific    Entire.............  E                       845           NA           NA
                                                          Ocean in Japan and
                                                          Russia.
 
                                                                      * * * * * * *
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* * * * *

    Dated: August 25, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-21078 Filed 9-3-14; 8:45 am]
BILLING CODE 4310-55-P