[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Proposed Rules]
[Pages 46727-46730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15397]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 230713-0166; RTID 0648-XR118]


Endangered and Threatened Wildlife and Plants; Listing the 
Atlantic Humpback Dolphin as an Endangered Species Under the Endangered 
Species Act; Correction; Comment Period Reopening

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; correction; reopening of comment period.

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SUMMARY: We, NMFS, published a proposed rule on April 7, 2023 to list 
the Atlantic humpback dolphin (Sousa teuszii) under the Endangered 
Species Act (ESA) in response to a petition from the Animal Welfare 
Institute, the Center for Biological Diversity, and VIVA Vaquita to 
list the species. Following publication of this proposed rule, NMFS 
became aware of cartographic guidance bulletin 38, issued by the 
Department of State's Office of the Geographer and Global Issues on 
December 16, 2020, and determined that the preamble to our proposed 
rule was not in alignment with the guidance. This correction removes 
all references to the name ``Western Sahara'' from the proposed rule's 
preamble and identifies Morocco as a country within the species' range, 
per the guidance. Additionally, this correction includes changes to the 
``International Regulatory Mechanisms'' subsection of the proposed rule 
resulting from the inclusion of Morocco as a range country for the 
Atlantic humpback dolphin (S. teuszii). We are also reopening the 
public comment period for the proposed rule.

DATES: The comment period for the proposed rule published on April 7, 
2023 (88 FR 20829) is reopened. The comment period is reopened from 
July 20, 2023 to September 18, 2023. Comments must be received by 
September 18, 2023. Comments received after this date may not be 
accepted.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0110, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0110 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS will consider all public comments that were previously 
submitted in response to the proposed rule as it was originally 
published on April 7, 2023 when drafting the final rule. Although there 
is no need to resubmit prior comments, commenters may submit new 
comments during the reopened comment period.
    The petition, status review report, Federal Register notices, and 
the list of references can be accessed electronically online at: 
https://www.fisheries.noaa.gov/species/atlantic-humpback-dolphin#conservation-management. The peer review report is available 
online at: https://www.noaa.gov/information-technology/endangered-species-act-status-review-report-atlantic-humpback-dolphin-sousa-teuszii-id447.

FOR FURTHER INFORMATION CONTACT: Heather Austin, NMFS Office of 
Protected Resources, [email protected], 301-427-8422.

SUPPLEMENTARY INFORMATION: As described above, our notice of proposed 
rulemaking published on April 7, 2023 (88 FR 20829), FR Doc 2023-07286, 
contained inadvertent errors that need to be corrected to align with 
cartographic guidance bulletin 38. We identify these errors below by 
reference to the page in the April 7, 2023 Federal Register where the 
errors occurred. This document provides corrected text for each of 
those errors.
    Further, in accordance with 50 CFR 424.16(c)(2), NMFS finds that 
bringing the preamble to our proposed rule to list the Atlantic 
humpback dolphin into alignment with the guidance bulletin presents 
good cause for reopening the public comment period. Reopening the 
public comment period will allow the Kingdom of Morocco, as well as any 
other interested person, an opportunity to provide comments on this 
proposal.

Corrections

    1. On page 20831, in the second column, in the first paragraph of 
the ``Range, Distribution, and Habitat Use'' subsection, NMFS 
inadvertently referred to ``Western Sahara'' within the following 
sentence describing the range of the species.
    ``The Atlantic humpback dolphin is considered an obligate shallow 
water dolphin that is endemic to the tropical and subtropical eastern 
Atlantic nearshore waters (<30 m) of the west coast of Africa, ranging 
discontinuously for approximately 7,000 km from Dakhla Bay (Rio de Oro) 
in Western Sahara (23[deg]52' N, 15[deg]47' W) to T[ocirc]mbwa (Namibe 
Province) in Angola (15[deg]46' S, 11[deg]46' E) (International Whaling 
Commission 2011; Collins 2015; Weir and Collins 2015; International 
Whaling Commission 2017; International Whaling Commission 2020b; Austin 
2023).''
    Thus, in proposed rule FR Doc. 2023-07286 on page 20831 in the 
Federal Register issue of April 7, 2023, the following correction is 
made to align with cartographic guidance bulletin 38. The text 
``Western Sahara'' in the aforementioned sentence is corrected to read 
``Morocco'' to identify Morocco as the northernmost country within the 
species range. Corrected text follows:
    ``The Atlantic humpback dolphin is considered an obligate shallow 
water dolphin that is endemic to the tropical and subtropical eastern 
Atlantic nearshore waters (<30 m) of the west coast of Africa, ranging 
discontinuously for approximately 7,000 km from Dakhla Bay (Rio de Oro) 
in Morocco (23[deg]52' N, 15[deg]47' W) to T[ocirc]mbwa (Namibe 
Province) in Angola (15[deg]46' S, 11[deg]46' E) (International Whaling 
Commission 2011; Collins 2015; Weir and Collins 2015; International 
Whaling Commission 2017; International Whaling Commission 2020b; Austin 
2023).''
    2. On page 20831, in the third column, the second full sentence in 
the second paragraph of the ``Range, Distribution, and Habitat Use''

[[Page 46728]]

subsection, NMFS inadvertently referred to ``Western Sahara'' within 
the following paragraph discussing the range and distribution of the 
species.
    ``This species is the only member of the genus that occurs outside 
of the Indo-Pacific region (Mendez et al. 2013; Jefferson and Rosenbaum 
2014; Collins 2015). Although each of the 19 countries between (and 
including) Western Sahara and Angola are presumed to be part of the 
species' natural range, the current distribution is uncertain due to 
incomplete research coverage, including an absence of survey effort in 
many areas.''
    Thus, in proposed rule FR Doc 2023-07286 at 88 FR 20829 on page 
20831 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
aforementioned paragraph is corrected to identify Morocco as a country 
within the species range. Corrected text follows:
    ``This species is the only member of the genus that occurs outside 
of the Indo-Pacific region (Mendez et al. 2013; Jefferson and Rosenbaum 
2014; Collins 2015). Although each of the 19 countries between (and 
including) Morocco and Angola are presumed to be part of the species' 
natural range, the current distribution is uncertain due to incomplete 
research coverage, including an absence of survey effort in many 
areas.''
    3. On page 20831, in the third column, the third full sentence in 
the second paragraph of the ``Range, Distribution, and Habitat Use'' 
subsection, NMFS inadvertently referred to ``Western Sahara'' within 
the following sentence discussing confirmed records of occurrence of 
the species.
    ``Currently, there are confirmed records of occurrence (confirmed 
via sightings, strandings, and bycatch data) in the following 13 
countries: Western Sahara, Mauritania, Senegal, The Gambia, Guinea-
Bissau, Guinea, Togo, Benin, Nigeria, Cameroon, Gabon, Republic of the 
Congo, and Angola (Ayissi et al. 2014; Weir and Collins 2015; Van 
Waerebeek et al. 2017; CCAHD 2020; Bamy et al. 2021, Austin 2023).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20831 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
aforementioned sentence is corrected to identify Morocco as a country 
with confirmed records of occurrence of the species. Corrected text 
follows:
    ``Currently, there are confirmed records of occurrence (confirmed 
via sightings, strandings, and bycatch data) in the following 13 
countries: Morocco, Mauritania, Senegal, The Gambia, Guinea-Bissau, 
Guinea, Togo, Benin, Nigeria, Cameroon, Gabon, Republic of the Congo, 
and Angola (Ayissi et al. 2014; Weir and Collins 2015; Van Waerebeek et 
al. 2017; CCAHD 2020; Bamy et al. 2021, Austin 2023).''
    4. On page 20833, in the second column, in the final paragraph of 
the ``Social Behavior'' subsection, NMFS inadvertently referred to 
``Western Sahara'' within the following sentence discussing locations 
of observations of mixed-species associations between Atlantic humpback 
dolphins and bottlenose dolphins (Tursiops truncatus).
    ``Mixed-species associations between Atlantic humpback dolphins and 
bottlenose dolphins (Tursiops truncatus) have been observed in Western 
Sahara, Mauritania, Senegal, Guinea-Bissau, Gabon, the Republic of the 
Congo, and Angola (Weir 2009; Weir 2011; Leeney et al. 2016).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20833 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
aforementioned sentence is corrected to identify Morocco as a country 
where observations of mixed-species associations between Atlantic 
humpback dolphins and bottlenose dolphins have occurred. Corrected text 
follows:
    ``Mixed-species associations between Atlantic humpback dolphins and 
bottlenose dolphins (Tursiops truncatus) have been observed in Morocco, 
Mauritania, Senegal, Guinea-Bissau, Gabon, the Republic of the Congo, 
and Angola (Weir 2009; Weir 2011; Leeney et al. 2016).''
    5. On page 20833, in the second column, in the second paragraph of 
the ``Population Abundance and Trends'' subsection, NMFS inadvertently 
referred to ``Western Sahara'' within the following sentence discussing 
the range of the species.
    ``Atlantic humpback dolphin populations at the northern (Dakhla 
Bay, Western Sahara) and southern (Namibe, Angola) extremes of the 
range appear to be very small (Weir 2009; Collins 2015; Austin 2023).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20833 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
aforementioned sentence is corrected to identify Morocco as the 
northernmost country within the species range. Corrected text follows:
    ``Atlantic humpback dolphin populations at the northern (Dakhla 
Bay, Morocco) and southern (Namibe, Angola) extremes of the range 
appear to be very small (Weir 2009; Collins 2015; Austin 2023).''
    6. On page 20835, in the third column, in the first paragraph of 
the ``Spatial Structure and Connectivity'' subsection, NMFS 
inadvertently referred to ``Western Sahara'' within the following 
sentence discussing the distribution and range of the species.
    ``The Atlantic humpback dolphin has a restricted range and 
fragmented distribution, being a shallow water dolphin endemic to 
(sub)tropical nearshore waters along the Atlantic coast of Africa, 
ranging discontinuously for approximately 7,000 km from Western Sahara 
in the north to Angola in the south (Collins 2015; Weir and Collins 
2015; Collins et al. 2017).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20835 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
aforementioned sentence is corrected to identify Morocco as the 
northernmost country within the species range. Corrected text follows:
    ``The Atlantic humpback dolphin has a restricted range and 
fragmented distribution, being a shallow water dolphin endemic to 
(sub)tropical nearshore waters along the Atlantic coast of Africa, 
ranging discontinuously for approximately 7,000 km from Morocco in the 
north to Angola in the south (Collins 2015; Weir and Collins 2015; 
Collins et al. 2017).''
    7. On page 20836, in the third column, the second full sentence in 
the second paragraph of the ``The Present or Threatened Destruction, 
Modification, or Curtailment of Its Habitat or Range'' subsection, NMFS 
inadvertently referred to ``Western Sahara'' within the following 
sentence discussing the range of the species.
    ``Additionally, the species has a restricted geographic range, 
being endemic to the tropical and subtropical nearshore waters along 
the Atlantic African coast from Western Sahara in the north to the 
southern region of Angola (Van Waerebeek et al. 2004; Collins 2015; 
Weir and Collins 2015).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 beginning 
on page 20836 in the Federal Register issue of April 7, 2023, the 
following correction is made to align with cartographic

[[Page 46729]]

guidance bulletin 38. The aforementioned sentence is corrected to 
identify Morocco as the northernmost country within the species range. 
Corrected text follows:
    ``Additionally, the species has a restricted geographic range, 
being endemic to the tropical and subtropical nearshore waters along 
the Atlantic African coast from Morocco in the north to the southern 
region of Angola (Van Waerebeek et al. 2004; Collins 2015; Weir and 
Collins 2015).''
    8. On page 20840, in the second column, in the first paragraph of 
the ``International Regulatory Mechanisms'' subsection, NMFS 
inadvertently included ``Western Sahara'' within the following 
paragraph discussing parties to the Convention on the Conservation of 
Migratory Species of Wild Animals (CMS or Bonn Convention).
    ``The Convention on the Conservation of Migratory Species of Wild 
Animals (CMS or Bonn Convention) is an environmental treaty of the 
United Nations that aims to conserve migratory species, their habitats, 
and their migration routes. CMS establishes obligations for each state 
joining the convention, promotes collaboration among range states, and 
provides the legal foundation for coordinating international 
conservation measures throughout a migratory range. Early recognition 
of the vulnerability of the Sousa species was indicated by their 
inclusion on the CMS Appendix II in 1991 (Weir et al. 2021) and on 
Appendix I in 2009, thereby obligating parties to work regionally to 
promote their conservation. Parties include all countries that are in 
the Atlantic humpback dolphin's range except for Sierra Leone and 
Western Sahara (Austin 2023).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20840 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. The 
text ``Western Sahara'' in the aforementioned paragraph is deleted. 
Corrected text follows:
    ``The Convention on the Conservation of Migratory Species of Wild 
Animals (CMS or Bonn Convention) is an environmental treaty of the 
United Nations that aims to conserve migratory species, their habitats, 
and their migration routes. CMS establishes obligations for each state 
joining the convention, promotes collaboration among range states, and 
provides the legal foundation for coordinating international 
conservation measures throughout a migratory range. Early recognition 
of the vulnerability of the Sousa species was indicated by their 
inclusion on the CMS Appendix II in 1991 (Weir et al. 2021) and on 
Appendix I in 2009, thereby obligating parties to work regionally to 
promote their conservation. Parties include all countries that are in 
the Atlantic humpback dolphin's range except for Sierra Leone (Austin 
2023).''
    9. On page 20840, in the second column, in the first paragraph of 
the ``International Regulatory Mechanisms'' subsection, NMFS 
inadvertently included ``Western Sahara'' in its calculation of the 
number of parties to CMS within the following sentence.
    ``However, while 17 out of the 19 range countries of S. teuszii are 
parties to CMS, conservation of the Atlantic humpback dolphin is often 
not a high priority for governments of range countries, despite the 
efforts of the CMS's National Focal Points to promote the issue.''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20840 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. 
Morocco is now included as a range country for the species and in the 
calculation of how many countries along the west coast of Africa are a 
party to CMS. With Western Sahara removed from this calculation, the 
number of range countries that are parties to CMS increases from 17 to 
18. Corrected text follows:
    ``However, while 18 out of the 19 range countries of S. teuszii are 
parties to CMS, conservation of the Atlantic humpback dolphin is often 
not a high priority for governments of range countries, despite the 
efforts of the CMS's National Focal Points to promote the issue.''
    10. On page 20841, in the first column, in the last paragraph, NMFS 
inadvertently included ``Western Sahara'' in its calculation of the 
number of parties to the Convention on Wetlands within the following 
paragraph.
    ``The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is 
an intergovernmental treaty, which provides the framework for national 
action and international cooperation for the conservation and wise use 
of wetlands and their resources. As of October 2021, there are 172 
parties, which includes 18 out of 19 range countries of S. teuszii and 
2,347 designated sites (Austin 2023).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20841 in the Federal Register issue of April 7, 2023, the following 
corrections are made to align with cartographic guidance bulletin 38. 
Morocco is now included as a range country for the species and in the 
calculation of how many countries along the west coast of Africa are a 
party to the Convention on Wetlands, making all 19 of the species range 
countries a party to this Convention in the following paragraph. 
Corrected text follows:
    ``The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is 
an intergovernmental treaty, which provides the framework for national 
action and international cooperation for the conservation and wise use 
of wetlands and their resources. As of October 2021, there are 172 
parties, which includes all 19 range countries of S. teuszii and 2,347 
designated sites (Austin 2023).''
    11. On page 20841, in the second column, in the first paragraph of 
the ``Regional Regulatory Mechanisms'' subsection, NMFS did not include 
Morocco as range country for the species within the list of countries 
that have ratified the Abidjan Convention. Additionally, Morocco was 
not included in the subsequent calculation of how many countries along 
the west coast of Africa have ratified the Abidjan Convention in the 
following sentence.
    ``The contracting parties that have ratified the Abidjan Convention 
are: Benin, Cameroon, Republic of the Congo, C[ocirc]te d'Ivoire, 
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mauritania, 
Nigeria, Senegal, Sierra Leone, South Africa and Togo, which includes 
15 out of the 19 range countries of S. teuszii (Austin 2023)''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20841 in the Federal Register issue of April 7, 2023, the following 
correction is made to align with cartographic guidance bulletin 38. 
Morocco is now included as a range country for the species and as a 
contracting party that has ratified the Abidjan Convention. 
Accordingly, Morocco is included in the subsequent calculation of how 
many countries along the west coast of Africa have ratified the Abidjan 
Convention, increasing the number from 15 to 16. Corrected text 
follows:
    ``The contracting parties that have ratified the Abidjan Convention 
are: Benin, Cameroon, Republic of the Congo, C[ocirc]te d'Ivoire, 
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mauritania, 
Morocco, Nigeria, Senegal, Sierra Leone, South Africa and Togo, which 
includes 16 out of the 19 range countries of S. teuszii (Austin 
2023)''.
    12. On page 20841, in the second column, in the first paragraph of 
the ``Regional Regulatory Mechanisms'' subsection, NMFS inadvertently 
referred to ``Western Sahara''.

[[Page 46730]]

    ``The remaining 4 range countries including Angola, Democratic 
Republic of the Congo, and Equatorial Guinea are located in the Abidjan 
Convention area but have not yet ratified the convention; and Western 
Sahara is not a signatory of the Abidjan Convention (Austin 2023).''
    Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page 
20841 in the Federal Register issue of April 7, 2023, the following 
corrections are made to align with cartographic guidance bulletin 38. 
Morocco is now included as a range country for the species and 
identified as a contracting party that has ratified the Abidjan 
Convention. This results in 3 range countries (Angola, Democratic 
Republic of the Congo, and Equatorial Guinea) that are located in the 
Abidjan Convention area but have not yet ratified the Convention. 
Corrected text follows:
    ``The remaining 3 range countries including Angola, Democratic 
Republic of the Congo, and Equatorial Guinea are located in the Abidjan 
Convention area but have not yet ratified the Convention (Austin 
2023)''.

    Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

    Dated: July 17, 2023.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2023-15397 Filed 7-19-23; 8:45 am]
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