[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3914-3916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01348]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2014-0066; 4500030113]
RIN 1018-BA68


Endangered and Threatened Wildlife and Plants; Adding Five 
Species of Sawfish 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 sawfish: Narrow sawfish (Anoxypristis 
cuspidata), dwarf sawfish (Pristis clavata), largetooth sawfish 
(collectively Pristis pristis; formerly Pristis pristis, Pristis 
microdon, and Pristis perotteti), green sawfish (Pristis zijsron), and 
the non-U.S. distinct population segment (DPS) of smalltooth sawfish 
(Pristis pectinata). 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 January 26, 2015. Applicability date: The 
five sawfish listings are applicable as of January 12, 2015.

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 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 title 50 of the Code of Federal Regulations (CFR) at 
50 CFR 17.11(h).

[[Page 3915]]

    On June 4, 2013, NMFS published a proposed rule (78 FR 33300) to 
list the narrow sawfish (Anoxypristis cuspidata), dwarf sawfish 
(Pristis clavata), largetooth sawfish (collectively Pristis pristis; 
formerly Pristis pristis, Pristis microdon, and Pristis perotteti), 
green sawfish (Pristis zijsron), and the non-U.S. distinct population 
segment (DPS) of smalltooth sawfish (Pristis pectinata) as endangered 
species. NMFS solicited public comments on the proposed rule through 
August 5, 2013. On August 7, 2013, NMFS published a notice extending 
the comment period through September 19, 2013 (78 FR 48134). On 
December 12, 2014, NMFS published a final rule (79 FR 73977) to list 
the five species of sawfish as endangered species. The largetooth 
sawfish (P. perotteti) was already listed under the Act as endangered 
on July 12, 2011 (76 FR 40822), but this final listing concerns the 
entire largetooth sawfish species (P. pristis) as it is currently 
classified, which also includes the species formerly classified as P. 
perotteti and P. microdon.
    The listing of the five sawfish species is effective as of January 
12, 2015. In the December 12, 2014, final rule (79 FR 73977), 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 at 50 CFR 
17.11(h). We are also revising the current CFR entry for the U.S. DPS 
of smalltooth sawfish to make the presentation of information in that 
entry consistent with the new sawfish entries being added to the List 
via this rule; the changes to that entry are not substantive.

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 part 224; this rule is an 
administrative action to add the species to the List 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.


0
2. Amend Sec.  17.11(h), in the List of Endangered and Threatened 
Wildlife, under Fishes by:
0
a. Revising the entries for ``Sawfish, largetooth'' and ``Sawfish, 
smalltooth (United States DPS)'' to read as set forth below; and
0
b. Adding entries in alphabetical order for: ``Sawfish, dwarf''; 
``Sawfish, green''; ``Sawfish, narrow''; and ``Sawfish, smalltooth 
(Non-U.S. DPS)'', to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                         Species                                                        Vertebrate
----------------------------------------------------------                           population where                       When     Critical   Special
                                                               Historic range         endangered or          Status        listed    habitat     rules
            Common name                Scientific name                                  threatened
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                                                                      * * * * * * *
              Fishes
 
                                                                      * * * * * * *
Sawfish, dwarf....................  Pristis clavata......  Indo-Pacific, Western  Entire...............  E                     856         NA         NA
                                                            Pacific, and eastern
                                                            Indian Oceans.
Sawfish, green....................  Pristis zijsron......  Indo-Pacific Ocean,    Entire...............  E                     856         NA         NA
                                                            Persian Gulf, Red
                                                            Sea.
Sawfish, largetooth...............  Pristis pristis        Indian, Indo-Pacific,  Entire...............  E                     856         NA         NA
                                     (formerly Pristis      Eastern Pacific, and
                                     perotteti, Pristis     Atlantic Oceans,
                                     pristis, and Pristis   Gulf of Mexico.
                                     microdon).
Sawfish, narrow...................  Anoxypristis           Indian and Western     Entire...............  E                     856         NA         NA
                                     cuspidata.             Pacific Oceans, Red
                                                            Sea.
Sawfish, smalltooth (Non-U.S. DPS)  Pristis pectinata....  Atlantic Ocean,        Smalltooth sawfish     E                     856         NA         NA
                                                            Caribbean Sea, Gulf    originating from non-
                                                            of Mexico.             U.S. waters.
Sawfish, smalltooth (U.S. DPS)....  Pristis pectinata....  North Atlantic Ocean   Smalltooth sawfish     E                     748    226.218         NA
                                                            (Mediterranean, U.S.   originating from
                                                            Atlantic, and Gulf     U.S. waters.
                                                            of Mexico) and the
                                                            Southwest Atlantic
                                                            Ocean.

[[Page 3916]]

 
 
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    Dated: January 9, 2015.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-01348 Filed 1-23-15; 8:45 am]
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