[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68381-68382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24741]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2022-0111; FF09E22000 FXES11130900000 201]
RIN 1018-BG87


Endangered and Threatened Updating Entries for Two Species on and 
Removing Johnson's Seagrass From the Lists of Endangered and Threatened 
Wildlife and Plants Wildlife and Plants

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 (Act), as amended, 
are amending the List of Endangered and Threatened Plants by removing 
Johnson's seagrass (Halophila johnsonii). We are also amending the List 
of Endangered and Threatened Wildlife by updating the entries for the 
Arctic subspecies of the ringed seal (Pusa hispida hispida) and the 
Beringia distinct population segment (DPS) of the Pacific bearded seal 
subspecies (Erignathus barbatus nauticus) to reflect the final 
designation of critical habitat for this subspecies and DPS, 
respectively. 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 15, 2022. Applicability date: 
The Johnson's seagrass delisting was effective May 16, 2022. The Arctic 
subspecies of the ringed seal and the Beringia DPS of the bearded seal 
critical habitat designations were both effective May 2, 2022.

FOR FURTHER INFORMATION CONTACT: Rachel London, Acting Chief, Branch of 
Delisting and Foreign Species, U.S. Fish and Wildlife Service, MS: ES, 
5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2491; or 
Caitlin Snyder, Chief, Branch of Domestic Listing, U.S. Fish and 
Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; 703-358-2171. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

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 specified 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 a threatened 
species. Under section 4(a)(2)(B) of the Act, if NMFS determines that a 
species should be removed from the Lists of Endangered and Threatened 
Wildlife and Plants (delisted), or that a species' status should be 
changed from an endangered to a threatened species, then NMFS is 
required to recommend the status change to the Service. NMFS makes 
these determinations via its rulemaking process. If the Service concurs 
with the recommended status change, then the Service will implement the 
status change by publishing a final rule to amend the Lists of 
Endangered and Threatened Wildlife and Plants (List or Lists) in title 
50 of the Code of Federal Regulations (CFR) at 50 CFR 17.11(h) and 
17.12(h).
    On December 23, 2021, NMFS published a proposed rule (86 FR 72908) 
to remove Johnson's seagrass from the Federal List of Endangered and 
Threatened Plants. NMFS solicited public comments on the proposed rule 
through February 22, 2022. On April 14, 2022, NMFS published a final 
rule (87 FR 22137) to remove Johnson's seagrass from the Federal List 
of Endangered and Threatened Plants.
    The delisting of Johnson's seagrass was effective May 16, 2022. In 
the April 14, 2022, final rule (87 FR 22137), NMFS addressed all public 
comments received in response to the proposed rule. In a June 10, 2022, 
letter (Letter from Gary Frazer to Kimberly Damon-Randall, June 10, 
2022), per section 4(a)(2)(B), we concurred with NMFS's recommendation 
that the Johnson's seagrass should be removed from the List of 
Endangered and Threatened Plants. By publishing this final rule, we are 
simply taking the necessary administrative step to codify these changes 
in the List at 50 CFR 17.12(h).
    We are also updating the entries on the List of Endangered and 
Threatened Wildlife for the Arctic subspecies of the ringed seal and 
the Beringia DPS of the bearded seal to reflect the final designation 
of critical habitat for this subspecies and DPS, respectively. On 
January 8, 2021, NMFS published a revised proposed rule (86 FR 1452) to 
designate critical habitat for the Arctic subspecies of the ringed 
seal, published a proposed rule (86 FR 1433) to designate critical 
habitat for the Beringia DPS of the bearded seal, and solicited public 
comments on both proposed rules through March 9, 2021 (86 FR 1452, 
January 8, 2021; 86 FR 1433, January 8, 2021). NMFS also solicited 
public comments at three public hearings for both proposed rules (see 
86 FR 7686; February 1, 2021). In response to requests, NMFS extended 
the public comment period for both proposed rules through April 8, 2021 
(see 86 FR 13517, March 9, 2021; 86 FR 13518, March 9, 2021). NMFS 
addressed all public comments received in response to both proposed 
rules, and on April 1, 2022, published a final rule (87 FR 19232) 
designating critical habitat for the Arctic subspecies of the ringed 
seal and a final rule (87 FR 19180) designating critical habitat for 
the Beringia DPS of the bearded seal. The Arctic subspecies of the 
ringed seal and the Beringia DPS of the bearded seal critical habitat 
designations were both effective May 2, 2022. 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).

Administrative Procedure Act

    Because NMFS provided an opportunity for public comment on the 
proposed rule to delist Johnson's seagrass, and we concurred with the 
NMFS action, we find good cause that the notice and public comment 
procedures of 5 U.S.C. 553(b) are unnecessary for this action. Because

[[Page 68382]]

NMFS provided an opportunity for public comment on the proposed rules 
to designate critical habitat for the Arctic subspecies of the ringed 
seal and the Beringia DPS of the bearded seal, we find 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 final rule 
to delist Johnson's seagrass (87 FR 22137; April 14, 2022) removed 
protection under the Act for this species, removed the species from the 
table at 50 CFR 223.102(e), and removed its critical habitat 
designation at 50 CFR 226.213. The April 1, 2022, NMFS critical habitat 
final rules (87 FR 19232 and 87 FR 19180) extended protection under the 
Act for the Arctic subspecies of the ringed seal and the Beringia DPS 
of the bearded seal, and amended 50 CFR parts 223 and 226 to designate 
critical habitat for the Arctic subspecies of the ringed seal and the 
Beringia DPS of the bearded seal. This rule is an administrative action 
to remove one species from the List at 50 CFR 17.12(h) and update two 
species' entries on 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, Plants, 
Reporting and recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the CFR, 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. In Sec.  17.11, amend paragraph (h) by revising the entries for 
``Seal, bearded [Beringia DPS]'' and ``Seal, ringed (Arctic 
subspecies)'' under MAMMALS in the List of Endangered and Threatened 
Wildlife to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                                                                                          Listing citations and
           Common name              Scientific name        Where listed        Status        applicable rules
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             Mammals
 
                                                  * * * * * * *
Seal, bearded [Beringia DPS]....  Erignathus barbatus  Beringia DPS--see    T            77 FR 76740, 12/28/
                                   nauticus.            50 CFR 223.102.                   2012;\N\
                                                                                         79 FR 42687, 7/23/2014;
                                                                                         50 CFR 226.229.\CH\
 
                                                  * * * * * * *
Seal, ringed (Arctic subspecies)  Phoca (=Pusa)        Wherever found.....  T            77 FR 76706, 12/28/
                                   hispida hispida.                                       2012;\N\
                                                                                         79 FR 42687, 7/23/2014;
                                                                                         50 CFR 226.228.\CH\
 
                                                  * * * * * * *
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Sec.  17.12  [Amended]

0
3. In Sec.  17.12, amend paragraph (h) by removing the entry for 
``Halophila johnsonii'' under FLOWERING PLANTS from the List of 
Endangered and Threatened Plants.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-24741 Filed 11-14-22; 8:45 am]
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