[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29165-29166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11039]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2016-0006; FXES11130900000C6-167-FF09E42000]
RIN 1018-BA89


Endangered and Threatened Wildlife; Technical Corrections for 
Eight Wildlife Species on the List of Endangered and Threatened 
Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
withdrawing, in part, a February 17, 2016, direct final rule that 
revises the taxonomy of eight wildlife species under the Endangered 
Species Act of 1973, as amended (Act). For the Newell's Townsend's 
shearwater (Puffinus auricularis newelli), we received significant 
adverse comments relating to additional scientific research relevant to 
its taxonomic classification; therefore, we are withdrawing the 
amendments in the direct final rule for this species only. The 
amendments in the direct final rule for the other seven species (Oahu 
elepaio (Chasiempis ibidis), Kauai akialoa (Akialoa stejnegeri), 
akiapolaau (Hemignathus wilsoni), Kauai nukupuu (Hemignathus hanapepe), 
Maui nukupuu (Hemignathus affinis), Hawaii akepa (Loxops coccineus), 
and Maui akepa (Loxops ochraceus)) will be effective on May 17, 2016.

DATES: Effective May 11, 2016, the Service withdraws amendatory 
instructions 2.f and 2.g published at 81 FR 8007 on February 17, 2016.

ADDRESSES: The direct final rule may be found online at http://www.regulations.gov under Docket No. FWS-R1-ES-2016-0006.

FOR FURTHER INFORMATION CONTACT: Marilet Zablan, Program Manager for 
Restoration and Endangered Species Classification, U.S. Fish and 
Wildlife Service, Pacific Regional Office, Ecological Services, 911 NE 
11th Avenue, Portland, OR 97232; telephone 503-231-6131. Individuals 
who are hearing impaired or speech impaired may call the Federal Relay 
Service at 800-877-8337 for TTY (telephone typewriter or 
teletypewriter) assistance 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

Background

    Our regulations at 50 CFR 17.11(b) direct us to use the most 
recently accepted scientific names for species on the List of 
Endangered and Threatened Wildlife (50 CFR 17.11(h)). Accordingly, on 
February 17, 2016, we published in the Federal Register a direct final 
rule (81 FR 8004) to revise the taxonomy and nomenclature of eight 
Hawaiian bird species listed under section 4 of the Act (16 U.S.C. 1531 
et seq.). All of these changes are supported by peer-reviewed 
scientific studies and reflect the taxonomy that has been accepted by 
the American Ornithologists' Union (AOU) in the most recent supplements 
to the Check-list of North American Birds. Specific references relevant 
to each species are cited in the text of the February 17, 2016, direct 
final rule, and are posted as supporting documents at http://www.regulations.gov under Docket No. FWS-R1-ES-2016-0006.
    Consequently, we published the direct final rule without a prior 
proposal because we considered it a noncontroversial action that was in 
the best interest of the public and should be undertaken in as timely a 
manner as possible. We stated that if we received significant adverse 
comments regarding the taxonomic changes for any of these species, we 
would publish a document in the Federal Register withdrawing this rule 
for the appropriate species before the effective date. Significant 
adverse comments are comments that provide strong justifications as to 
why the rule should not be adopted or why it should be changed.

Comments on the Direct Final Rule

    We received three comments on the direct final rule. One of these 
comments called our attention to recently published genetic research on 
shearwaters (Mart[iacute]nez-G[oacute]mez et al. 2015) that recommends 
maintaining the Hawaiian taxon newelli (Newell's Townsend's shearwater, 
or Newell's shearwater) as a subspecies of the Townsend's shearwater, 
under the scientific name Puffinus auricularis newelli. This 
recommendation is contrary to the determination of the direct final 
rule and the AOU Checklist Committee (Chesser et al. 2015) that 
Newell's shearwater is a distinct species (Puffinus newelli). The 
commenter requested that this discrepancy be further considered before 
we adopt the taxonomic change set forth in the direct final rule. 
Another commenter discussed behavioral differences between Newell's 
shearwater and Townsend's shearwater, while also providing a link to an 
article

[[Page 29166]]

summarizing the Mart[iacute]nez-G[oacute]mez research results. We 
concur that these comments are significant and that the taxonomic 
status of Newell's shearwater merits further consideration. Therefore, 
we are withdrawing that portion of the direct final rule concerning the 
listed entity Newell's Townsend's shearwater (Puffinus auricularis 
newelli). In the future, we may propose changes in the taxonomy of 
Newell's Townsend's shearwater with opportunity for further public 
comment.
    Other topics discussed in the comments were not specific to the 
taxonomic issues raised in the direct final rule. We did not receive 
significant adverse comments concerning the taxonomy of the Oahu 
elepaio, Kauai akialoa, akiapolaau, Kauai nukupuu, Maui nukupuu, Hawaii 
akepa, or Maui akepa.

Partial Withdrawal of the Direct Final Rule

    For the reasons stated above, we withdraw amendatory instructions 
2.f and 2.g of the direct final rule published on February 17, 2016, at 
81 FR 8004-8007.

List of Subjects in 50 CFR Part 17

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

    Dated: April 28, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-11039 Filed 5-10-16; 8:45 am]
 BILLING CODE 4333-15-P