[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Rules and Regulations]
[Pages 65552-65554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17435]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2023-0219; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH93


Endangered and Threatened Wildlife and Plants; List of Endangered 
and Threatened Wildlife: Updating Entries for Five Coral Species and 
Adding Three Nonessential Experimental Populations of Chinook Salmon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), in accordance 
with the Endangered Species Act of 1973 (Act), as amended, are amending 
the List of Endangered and Threatened Wildlife (List) by updating the 
entries for five species of threatened Caribbean corals (Orbicella 
annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and 
Mycetophyllia ferox) to reflect the designation of critical habitat for 
these species. We are also amending the List by adding three 
nonessential experimental populations of Chinook salmon (Oncorhynchus 
tshawytscha): Upper Yuba River Central Valley spring-run, McCloud and 
Upper Sacramento Rivers Sacramento River winter-run, and Central Valley 
spring-run. 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 August 12, 2024.
    Applicability dates: The NMFS rulemaking actions were effective as 
follows:
     The Caribbean corals critical habitat designations were 
effective September 8, 2023.
     The designation of the Upper Yuba River Central Valley 
spring-run Chinook salmon nonessential experimental population was 
effective January 27, 2023.
     The designation of the McCloud and Upper Sacramento Rivers 
Sacramento River winter-run and Central Valley spring-run Chinook 
salmon nonessential experimental populations were effective September 
27, 2023.

FOR FURTHER INFORMATION CONTACT: 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.

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) of the Act, NMFS must designate 
critical habitat for listed species under its jurisdiction to the 
maximum extent prudent and determinable. Section 10(j) of the Act 
allows the Secretary of Commerce to authorize the release of any 
population of a listed species outside its current range if the release 
``will further the conservation'' of that species. An experimental 
population is a population that is geographically separate from 
nonexperimental populations of the same species. Before authorizing the 
release of an experimental population, section 10(j)(2)(B) of the Act 
requires that the Secretary must by regulation identify the population 
and determine, on the basis of the best available information, whether 
or not the population is essential to the continued existence of the 
listed species. NMFS makes these determinations via its rulemaking 
process; then FWS is 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).

Caribbean Corals--Critical Habitat Designations

    We are updating the entries on the List for Orbicella annularis, O. 
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox to 
reflect the designation of critical habitat for these five species of 
Caribbean corals. On November 27, 2020, NMFS published a proposed rule 
(85 FR 76302) to designate critical habitat for these five coral 
species and solicited public comments on the proposed rule during a 60-
day comment period, ending on January 26, 2021. NMFS addressed all 
public comments received in response to the proposed rule, and on 
August 9, 2023, published a final rule (88 FR 54026) designating 
critical habitat for these five coral species. These critical habitat 
designations were effective September 8, 2023. 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).

Chinook Salmon--Nonessential Experimental Populations

    We are also adding entries on the List for the Upper Yuba River 
Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha) 
nonessential experimental population (NEP), the McCloud and Upper 
Sacramento Rivers Sacramento River winter-run Chinook salmon (O. 
tshawytscha) NEP, and the Central Valley spring-run Chinook salmon (O. 
tshawytscha) NEP (also referred to as Central Valley spring-run ESU-XN 
Yuba, Sacramento River winter-run ESU-XN Shasta, and Central Valley 
spring-run ESU-XN Shasta, respectively). On December 11, 2020, NMFS 
published a proposed rule (85 FR 79980) for the designation of an NEP 
of Central Valley spring-run Chinook salmon in the Upper Yuba River. 
NMFS solicited public comments on the proposed rule during a 30-day 
comment period ending January 11, 2021. The comment period was extended 
for an additional 60 days ending on March 12, 2021 (86 FR 2372; January 
12, 2021). NMFS addressed all public comments received in response to 
the proposed rule, and on December 28, 2022,

[[Page 65553]]

published a final rule (87 FR 79808) designating the population as an 
NEP. The designation was effective January 27, 2023.
    On May 12, 2023, NMFS published a proposed rule (88 FR 30690) to 
designate the McCloud and Upper Sacramento Rivers Sacramento River 
winter-run and Central Valley spring-run Chinook salmon populations as 
NEPs. NMFS solicited public comments on the proposed rule during a 30-
day comment period ending June 12, 2023. NMFS addressed all public 
comments received in response to the proposed rule and on August 28, 
2023, published a final rule (88 FR 58511) designating the population 
as an NEP. The designation was effective September 27, 2023.
    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 public comment periods on the proposed rules 
for these taxa, and because this action of FWS is to amend the List in 
accordance with the determination by NMFS under section (4)(a)(2) of 
the Act, FWS 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 amended 50 CFR parts 223 and 226 to designate nonessential 
experimental populations and establish special rules for these 
populations, and to designate critical habitat for the five coral 
species. This rule is an administrative action to update 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 (EA), as 
defined under the authority of the National Environmental Policy Act of 
1969 (NEPA), 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).
    In compliance with all provisions of NEPA, NMFS analyzed the impact 
on the human environment and considered a reasonable range of 
alternatives for the final rules to designate these three nonessential 
experimental populations of Chinook salmon. Draft EAs were made 
available for comments with the publication of the proposed rules, and 
NMFS responded to those comments in their final rules (87 FR 79808, 
December 28, 2022; and 88 FR 58511, August 28, 2023). Additionally, 
NMFS prepared a final EA and finding of no significant impact on each 
NEP designation of Chinook salmon and made these documents available 
for public inspection.

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, in paragraph (h), amend the List of Endangered and 
Threatened Wildlife by:
0
a. Under FISHES, adding in alphabetical order entries for ``Salmon, 
Chinook [Central Valley spring-run ESU-XN Shasta]'', ``Salmon, Chinook 
[Central Valley spring-run ESU-XN Yuba]'', and ``Salmon, Chinook 
[Sacramento River winter-run ESU-XN Shasta]''.
0
b. Under CORALS, revising the entries for ``Coral, boulder star'', 
``Coral, lobed star'', ``Coral, mountainous star'', ``Coral, pillar'', 
and ``Coral, rough cactus''.
    The additions and revisions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                               Listing citations
          Common name              Scientific name      Where listed            Status           and applicable
                                                                                                     rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                                     Fishes
 
                                                  * * * * * * *
Salmon, Chinook [Central Valley  Oncorhynchus        Central Valley      XN..................  88 FR 58511, 8/28/
 spring-run ESU-XN Shasta].       tshawytscha.        spring-run ESU-XN                         2023; \N\ 89 FR
                                                      Shasta--see 50                            [Insert Federal
                                                      CFR 223.102.                              Register page
                                                                                                where the
                                                                                                document
                                                                                                begins], 8/12/
                                                                                                2024; 50 CFR
                                                                                                223.301.\10j\
Salmon, Chinook [Central Valley  Oncorhynchus        Central Valley      XN..................  87 FR 79808, 12/
 spring-run ESU-XN Yuba].         tshawytscha.        spring-run ESU-XN                         28/2022; \N\ 89
                                                      Yuba--see 50 CFR                          FR [insert
                                                      223.102.                                  Federal Register
                                                                                                page where the
                                                                                                document
                                                                                                begins], 8/12/
                                                                                                2024; 50 CFR
                                                                                                223.301.\10j\
 
                                                  * * * * * * *
Salmon, Chinook [Sacramento      Oncorhynchus        Sacramento winter-  XN..................  88 FR 58511, 8/28/
 River winter-run ESU-XN          tshawytscha.        run ESU-XN                                2023; \N\ 89 FR
 Shasta].                                             Shasta--see 50                            [insert Federal
                                                      CFR 223.102.                              Register page
                                                                                                where the
                                                                                                document
                                                                                                begins], 8/12/
                                                                                                2024; 50 CFR
                                                                                                223.301.\10j\
 

[[Page 65554]]

 
                                                  * * * * * * *
                                                     Corals
 
                                                  * * * * * * *
Coral, boulder star............  Orbicella franksi.  Wherever found....  T...................  79 FR 53852, 9/10/
                                                                                                2014; \N\ 79 FR
                                                                                                67356, 11/13/
                                                                                                2014; 50 CFR
                                                                                                226.230.\CH\
 
                                                  * * * * * * *
Coral, lobed star..............  Orbicella           Wherever found....  T...................  79 FR 53852, 9/10/
                                  annularis.                                                    2014; \N\ 79 FR
                                                                                                67356, 11/13/
                                                                                                2014; 50 CFR
                                                                                                226.230.\CH\
Coral, mountainous star........  Orbicella           Wherever found....  T...................  79 FR 53852, 9/10/
                                  faveolata.                                                    2014; \N\ 79 FR
                                                                                                67356, 11/13/
                                                                                                2014; 50 CFR
                                                                                                226.230.\CH\
Coral, pillar..................  Dendrogyra          Wherever found....  T...................  79 FR 53852, 9/10/
                                  cylindrus.                                                    2014; \N\ 79 FR
                                                                                                67356, 11/13/
                                                                                                2014; 50 CFR
                                                                                                226.230.\CH\
Coral, rough cactus............  Mycetophyllia       Wherever found....  T...................  79 FR 53852, 9/10/
                                  ferox.                                                        2014; \N\ 79 FR
                                                                                                67356, 11/13/
                                                                                                2014; 50 CFR
                                                                                                226.230.\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17435 Filed 8-9-24; 8:45 am]
BILLING CODE 4333-15-P