[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Rules and Regulations]
[Pages 76311-76314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26241]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0109; 4500030113]
RIN 1018-BB82


Endangered and Threatened Wildlife and Plants; Adding Ten Species 
and Updating Five Species on 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: three foreign coral species (Cantharellus noumeae, Siderastrea 
glynni, and Tubastraea floreana), dusky sea snake (Aipysurus fuscus), 
Banggai cardinalfish (Pterapogon kauderni), the Tanzanian distinct 
population segment (DPS) of African coelacanth (Latimeria chalumnae), 
Nassau grouper (Epinephelus striatus), and three angelshark species 
(Squatina aculeata, S. oculata, and S. squatina). We are also updating 
the entries for Puget Sound-Georgia Basin canary rockfish (Sebastes 
pinniger), Puget Sound-Georgia Basin yelloweye rockfish (Sebastes 
ruberrimus), lower Columbia River coho salmon (Oncorhynchus kisutch), 
and the Puget Sound steelhead (Oncorhynchus mykiss) to reflect the 
designation of critical habitat, and we are updating the entry for the 
North Atlantic right whale (Eubalaena glacialis) to reflect an 
applicable rule citation. 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 November 2, 2016. Applicability date: The 
three coral and dusky sea snake listings were applicable as of November 
6, 2015. The Banggai cardinalfish listing was applicable as of February 
19, 2016. The Tanzanian DPS of African coelacanth listing was 
applicable as of April 28, 2016. The Nassau grouper listing was 
applicable as of July 29, 2016. The three angelshark listings were 
applicable as of August 31, 2016. The critical habitat designations for 
the Puget Sound-Georgia Basin canary rockfish (Sebastes pinniger) and 
Puget Sound-Georgia Basin yelloweye rockfish (Sebastes ruberrimus) were 
applicable as of February 11, 2015. The critical habitat designations 
for the lower Columbia River coho salmon (Oncorhynchus kisutch) and the 
Puget Sound steelhead (Oncorhynchus mykiss) were applicable as of March 
25, 2016. The applicable rule citation for the North Atlantic right 
whale (Eubalaena glacialis) was applicable as of December 6, 2013.

FOR FURTHER INFORMATION CONTACT: Sarah Quamme, Chief, Unified Listing 
Team, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803; 703-358-1796.

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 specified in this 
rule. Under section 4(a)(1) of the Act, NMFS must decide whether a 
species under its jurisdiction should be classified as endangered or 
threatened. Under section 4(a)(3)(A)(i) of the Act, NMFS must designate 
any habitat of endangered or threatened species which is then 
considered to be critical habitat. NMFS makes these determinations and 
critical habitat designations via its rulemaking process. Under section 
4(a)(2) of the Act, 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).
    On December 16, 2014, NMFS published a proposed rule (79 FR 74953) 
to list the dusky sea snake (Aipysurus fuscus) and three foreign corals 
(Cantharellus noumeae, Siderastrea glynni, and Tubastraea floreana) as 
endangered species, and the Banggai cardinalfish (Pterapogon kauderni) 
as a threatened species. NMFS solicited public comments on the proposed 
rule through February 17, 2015. On October 7, 2015, NMFS published a 
final rule (80 FR 60560) to list the dusky sea snake and the three 
foreign coral species as endangered species. On January 20, 2016, NMFS 
published a final rule (81 FR 3023) to list the Banggai cardinalfish as 
a threatened species.
    The listing of the dusky sea snake and three foreign coral species 
was applicable as of November 6, 2015. The listing of the Banggai 
cardinalfish was applicable as of February 19, 2016. In the final rules 
for these species (dusky sea snake and three corals: 80 FR 60560;

[[Page 76312]]

Banggai cardinalfish: 81 FR 3023), 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).
    On March 3, 2015, NMFS published a proposed rule (80 FR 11363) to 
list the Tanzanian DPS of African coelacanth (Latimeria chalumnae) as a 
threatened species. NMFS solicited public comments on the proposed rule 
through May 4, 2015. NMFS addressed all public comments received in 
response to the proposed rule, and on March 29, 2016, NMFS published a 
final rule (81 FR 17398) to list the Tanzanian DPS of African 
coelacanth as a threatened species. The listing of the Tanzanian DPS of 
African coelacanth was applicable as of April 28, 2016. 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).
    On September 2, 2014, NMFS published a proposed rule (79 FR 51929) 
to list Nassau grouper (Epinephelus striatus) as a threatened species. 
NMFS solicited public comments on the proposed rule through December 
31, 2014. NMFS addressed all public comments received in response to 
the proposed rule, and on June 29, 2016, NMFS published a final rule 
(81 FR 42268) to list Nassau grouper as a threatened species. The 
listing of Nassau grouper was applicable as of July 29, 2016. 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).
    On July 14, 2015, NMFS published a proposed rule (80 FR 40969) to 
list the sawback angelshark (Squatina aculeata), smoothback angelshark 
(Squatina oculata), and the common angelshark (Squatina squatina) as 
endangered species. NMFS solicited public comments on the proposed rule 
through September 14, 2015. NMFS addressed all public comments received 
in response to the proposed rule, and on August 1, 2016, NMFS published 
a final rule (81 FR 50394) to list these three angelshark species as 
endangered species. The listing of these three angelshark species was 
applicable as of August 31, 2016. 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 updating the entries on the List for the Puget Sound-
Georgia Basin canary rockfish (Sebastes pinniger), Puget Sound-Georgia 
Basin yelloweye rockfish (Sebastes ruberrimus), lower Columbia River 
coho salmon (Oncorhynchus kisutch), and the Puget Sound steelhead 
(Oncorhynchus mykiss) to reflect the final designation of critical 
habitat for these four species. On August 6, 2013, NMFS published a 
proposed rule (78 FR 47635) identifying critical habitat for the Puget 
Sound-Georgia Basin DPSs of yelloweye rockfish and canary rockfish. 
NMFS solicited public comments on the proposed rule through November 4, 
2013. On November 13, 2014, NMFS published a final rule (79 FR 68042) 
designating critical habitat for these two rockfish species. On January 
14, 2013, NMFS published a proposed rule (78 FR 2726) identifying 
critical habitat for the lower Columbia River coho salmon and Puget 
Sound steelhead. NMFS solicited public comments on the proposed rule 
through April 15, 2013. On February 24, 2016, NMFS published a final 
rule (81 FR 9252) designating critical habitat for these two species.
    The designation of critical habitat for the Puget Sound-Georgia 
Basin rockfish DPSs was applicable as of February 11, 2015. The 
designation of critical habitat for the lower Columbia River coho 
salmon and Puget Sound steelhead was applicable as of March 25, 2016. 
In the respective final rules (79 FR 68042 and 81 FR 9252), NMFS 
addressed all public comments received in response to the proposed 
rules. 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).
    Finally, we are updating the entry on the List for the North 
Atlantic right whale (Eubalaena glacialis) to reflect the publication 
of a final rule eliminating the expiration date (or ``sunset clause'') 
contained in regulations at 50 CFR 224.105 requiring vessel speed 
restrictions to reduce the likelihood of lethal vessel collisions with 
North Atlantic right whales. NMFS published the proposed rule on June 
6, 2013 (78 FR 34024), and solicited public comments through August 5, 
2013. NMFS addressed all public comments received in response to the 
proposed rule. On December 9, 2013, NMFS published a final rule (78 FR 
73726), followed by a correction to the final rule (79 FR 34245, June 
16, 2014), removing the sunset clause. 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).
    The rulemaking actions discussed above are presented in Table 1. As 
mentioned above, in all cases, NMFS addressed the public comments 
received.

                                       Table 1--Rulemaking Actions by NMFS
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                                                   Proposed rule        Final rule
         Common name          Scientific name    publication date,     publication        Applicability date
                                                      action               date
----------------------------------------------------------------------------------------------------------------
Dusky sea snake.............  Aipysurus        December 16, 2014     October 7, 2015  November 6, 2015.
                               fuscus.          (79 FR 74953), to     (80 FR 60560).
                                                list as endangered.
Coral (no common name)......  Cantharellus     December 16, 2014     October 7, 2015  November 6, 2015.
                               noumeae.         (79 FR 74953), to     (80 FR 60560).
                                                list as endangered.
Coral (no common name)......  Siderastrea      December 16, 2014     October 7, 2015  November 6, 2015.
                               glynni.          (79 FR 74953), to     (80 FR 60560).
                                                list as endangered.
Coral (no common name)......  Tubastraea       December 16, 2014     October 7, 2015  November 6, 2015.
                               floreana.        (79 FR 74953), to     (80 FR 60560).
                                                list as endangered.
Banggai cardinalfish........  Pterapogon       December 16, 2014     January 20,      February 19, 2016.
                               kauderni.        (79 FR 74953), to     2016 (81 FR
                                                list as threatened.   3023).
African coelacanth            Latimeria        March 3, 2015 (80 FR  March 29, 2016   April 28, 2016.
 (Tanzanian DPS).              chalumnae.       11363), to list as    (81 FR 17398).
                                                threatened.
Nassau grouper..............  Epinephelus      September 2, 2014     June 29, 2016    July 29, 2016.
                               striatus.        (79 FR 51929), to     (81 FR 42268).
                                                list as threatened.
Sawback angelshark..........  Squatina         July 14, 2015 (80 FR  August 1, 2016   August 31, 2016.
                               aculeata.        40969), to list as    (81 FR 50394).
                                                endangered.
Smoothback angelshark.......  Squatina         July 14, 2015 (80 FR  August 1, 2016   August 31, 2016.
                               oculata.         40969), to list as    (81 FR 50394).
                                                endangered.

[[Page 76313]]

 
Common angelshark...........  Squatina         July 14, 2015 (80 FR  August 1, 2016   August 31, 2016.
                               squatina.        40969), to list as    (81 FR 50394).
                                                endangered.
Canary rockfish (Puget Sound- Sebastes         August 6, 2013 (78    November 13,     February 11, 2015.
 Georgia Basin DPS).           pinniger.        FR 47635), to         2014 (79 FR
                                                designate critical    68042).
                                                habitat.
Yelloweye rockfish (Puget     Sebastes         August 6, 2013 (78    November 13,     February 11, 2015.
 Sound-Georgia Basin DPS).     ruberrimus.      FR 47635), to         2014 (79 FR
                                                designate critical    68042).
                                                habitat.
Coho salmon (lower Columbia   Oncorhynchus     January 14, 2013 (78  February 24,     March 25, 2016.
 River).                       kisutch.         FR 2726), to          2016 (81 FR
                                                designate critical    9252).
                                                habitat.
Steelhead (Puget Sound DPS).  Oncorhynchus     January 14, 2013 (78  February 24,     March 25, 2016.
                               mykiss.          FR 2726), to          2016 (81 FR
                                                designate critical    9252).
                                                habitat.
North Atlantic right whale..  Eubalaena        June 6, 2013 (78 FR   December 9,      December 6, 2013.
                               glacialis.       34024), to            2013 (78 FR
                                                eliminate the         73726);
                                                ``sunset clause''.    correction to
                                                                      final rule on
                                                                      June 16, 2014
                                                                      (79 FR 34245).
----------------------------------------------------------------------------------------------------------------

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 or designated 
critical habitat under 50 CFR part 226; this rule is an administrative 
action to amend the List at 50 CFR 17.11(h) to reflect that NMFS has 
completed final listing determinations or revisions, or final critical 
habitat determinations, for these species. 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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.


0
2. Amend Sec.  17.11(h), the List of Endangered and Threatened 
Wildlife, by:
0
a. Revising the entry for ``Whale, North Atlantic right'' under 
MAMMALS;
0
b. Adding an entry for ``Sea snake, dusky'' in alphabetical order under 
REPTILES;
0
c. Adding entries for ``Angelshark, common,'' ``Angelshark, sawback,'' 
``Angelshark, smoothback,'' ``Cardinalfish, Banggai,'' ``Coelacanth, 
African [Tanzanian DPS],'' and ``Grouper, Nassau'' in alphabetical 
order under FISHES;
0
d. Revising the entries for ``Rockfish, canary [Puget Sound-Georgia 
Basin DPS],'' ``Rockfish, yelloweye [Puget Sound-Georgia Basin DPS],'' 
``Salmon, coho [Lower Columbia River ESU],'' and ``Steelhead [Puget 
Sound DPS]'' under FISHES; and
0
e. Adding entries for ``Coral, (no common name)'' [Cantharellus 
noumeae], ``Coral, (no common name)'' [Siderastrea glynni], and 
``Coral, (no common name)'' [Tubastraea floreana] in alphabetical order 
by scientific name under CORALS.
    The revisions and additions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name              Scientific name      Where listed         Status         applicable rules
----------------------------------------------------------------------------------------------------------------
             MAMMALS
 
                                                  * * * * * * *
Whale, North Atlantic right.....  Eubalaena           Wherever found....  E              35 FR 8491; 6/2/1970,
                                   glacialis.                                             73 FR 12024; 3/6/
                                                                                          2008,\N\ 76 FR 20558;
                                                                                          4/13/2011, 79 FR
                                                                                          42687; 7/23/2014, 50
                                                                                          CFR 224.103, 50 CFR
                                                                                          224.105, 50 CFR
                                                                                          226.203.\CH\
 
                                                  * * * * * * *
            REPTILES
 

[[Page 76314]]

 
                                                  * * * * * * *
Sea snake, dusky................  Aipysurus fuscus..  Wherever found....  E              80 FR 60560; 10/7/
                                                                                          2015.\N\
 
                                                  * * * * * * *
             FISHES
 
                                                  * * * * * * *
Angelshark, common..............  Squatina squatina.  Wherever found....  E              81 FR 50394; 8/1/
                                                                                          2016.\N\
Angelshark, sawback.............  Squatina aculeata.  Wherever found....  E              81 FR 50394; 8/1/
                                                                                          2016.\N\
Angelshark, smoothback..........  Squatina oculata..  Wherever found....  E              81 FR 50394; 8/1/
                                                                                          2016.\N\
 
                                                  * * * * * * *
Cardinalfish, Banggai...........  Pterapogon          Wherever found....  T              81 FR 3023; 1/20/
                                   kauderni.                                              2016.\N\
 
                                                  * * * * * * *
Coelacanth, African [Tanzanian    Latimeria           Tanzanian DPS--see  T              81 FR 17398;. 3/29/
 DPS].                             chalumnae.          50 CFR 223.102.                    2016\N\
 
                                                  * * * * * * *
Grouper, Nassau.................  Epinephelus         Wherever found....  T              81 FR 42268; 6/29/
                                   striatus.                                              2016.\N\
 
                                                  * * * * * * *
Rockfish, canary [Puget Sound-    Sebastes pinniger.  Puget Sound-        T              75 FR 22276; 4/28/
 Georgia Basin DPS].                                   Georgia Basin                      2010,\N\ 76 FR 20558;
                                                       DPS--see 50 CFR                    4/13/2011, 79 FR
                                                       223.102.                           42687; 7/23/2014, 50
                                                                                          CFR 226.224.\CH\
Rockfish, yelloweye [Puget Sound- Sebastes            Puget Sound-        T              75 FR 22276; 4/28/
 Georgia Basin DPS].               ruberrimus.         Georgia Basin                      2010,\N\ 76 FR 20558;
                                                       DPS--see 50 CFR                    4/13/2011, 79 FR
                                                       223.102.                           42687; 7/23/2014, 50
                                                                                          CFR 226.224.\CH\
 
                                                  * * * * * * *
Salmon, coho [Lower Columbia      Oncorhynchus        Lower Columbia      T              70 FR 37160; 6/28/
 River ESU].                       kisutch.            River ESU--see 50                  2005,\N\ 76 FR 20558;
                                                       CFR 223.102.                       4/13/2011, 79 FR
                                                                                          42687; 7/23/2014, 50
                                                                                          CFR 223.203,\4d\ 50
                                                                                          CFR 226.212.\CH\
 
                                                  * * * * * * *
Steelhead [Puget Sound DPS].....  Oncorhynchus        Puget Sound DPS--   T              72 FR 26722; 5/11/
                                   mykiss.             see 50 CFR                         2007,\N\ 76 FR 20558;
                                                       223.102.                           4/13/2011, 79 FR
                                                                                          42687; 7/23/2014, 50
                                                                                          CFR 223.203,\4d\ 50
                                                                                          CFR 226.212.\CH\
 
                                                  * * * * * * *
             CORALS
 
                                                  * * * * * * *
Coral, (no common name).........  Cantharellus        Wherever found....  E              80 FR 60560; 10/7/
                                   noumeae.                                               2015.\ N\
 
                                                  * * * * * * *
Coral, (no common name).........  Siderastrea glynni  Wherever found....  E              80 FR 60560; 10/7/
                                                                                          2015.\ N\
Coral, (no common name).........  Tubastraea          Wherever found....  E              80 FR 60560; 10/7/
                                   floreana.                                              2015.\ N\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: October 14, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-26241 Filed 11-1-16; 8:45 am]
 BILLING CODE 4333-15-P