Endangered and Threatened Wildlife; Technical Corrections for Eight Wildlife Species on the List of Endangered and Threatened Wildlife, 29165-29166 [2016-11039]
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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations
(3) This program provides two
categories of Fellowships: Merit
Fellowships and Distinguished
Fellowships.
(i) To be eligible for a Distinguished
Fellowship, an individual must have
seven or more years of research
experience in subject areas, methods, or
techniques relevant to disability and
rehabilitation research and must have a
doctorate, other terminal degree, or
comparable academic qualifications.
(ii) The Director awards Merit
Fellowships to individuals in earlier
stages of their careers in research. To be
eligible for a Merit Fellowship, an
individual must have either advanced
professional training or experience in
independent study in an area which is
directly pertinent to disability and
rehabilitation.
(c) Fellowships will be awarded in the
form of a grant to eligible individuals.
(d) In making a final selection of
applicants to support under this
program, the Director considers the
extent to which applicants present a
unique opportunity to effect a major
advance in knowledge, address critical
problems in innovative ways, present
proposals which are consistent with the
Institute’s Long-Range Plan, build
research capacity within the field, or
complement and significantly increases
the potential value of already planned
research and related activities.
Subpart E—Special Projects and
Demonstrations for Spinal Cord
Injuries
§ 1330.40
Spinal cord injuries program.
(a) This program provides assistance
to establish innovative projects for the
delivery, demonstration, and evaluation
of comprehensive medical, vocational,
independent living, and rehabilitation
services to meet the wide range of needs
of individuals with spinal cord injuries.
(b) The agencies and organizations
eligible to apply under this program are
described in § 1330.2.
[FR Doc. 2016–10853 Filed 5–10–16; 8:45 am]
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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
Fish and Wildlife Service,
Interior.
ACTION: Partial withdrawal of direct
final rule.
AGENCY:
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 https://
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:
SUMMARY:
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29165
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
https://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 (Martınez-Gomez 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
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11MYR1
29166
Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations
´
´
summarizing the Martınez-Gomez
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]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150623546–6395–02]
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RIN 0648–BF18
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendments to the Reef Fish, Spiny
Lobster, Queen Conch, and Corals and
Reef Associated Plants and
Invertebrates Fishery Management
Plans of Puerto Rico and the U.S.
Virgin Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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NMFS issues this final rule to
implement measures described in
Amendment 7 to the Fishery
Management Plan (FMP) for the Reef
Fish Fishery of Puerto Rico and the U.S.
Virgin Islands (USVI) (Reef Fish FMP),
Amendment 6 to the FMP for the Spiny
Lobster Fishery of Puerto Rico and the
USVI (Spiny Lobster FMP), Amendment
5 to the FMP for Corals and Reef
Associated Plants and Invertebrates of
Puerto Rico and the USVI (Coral FMP),
and Amendment 4 to the FMP for the
Queen Conch Resources of Puerto Rico
and the USVI (Queen Conch FMP), as
prepared by the Caribbean Fishery
Management Council (Council). In
combination, these amendments
represent the Application of
Accountability Measures (AM)
Amendment (AM Application
Amendment). The AM Application
Amendment resolves an existing
inconsistency between language in the
FMPs and the regulations implementing
the application of AMs in the U.S.
Caribbean exclusive economic zone
(EEZ). The purpose of the AM
Application Amendment is to ensure
the authorizing FMPs are consistent
with the regulations governing AMs in
the Caribbean EEZ. Additionally, this
final rule clarifies the AM closure
provisions, the application of the spiny
lobster ACL in the Puerto Rico
management area of the Caribbean EEZ,
and the minimum size limit for queen
conch in the Caribbean EEZ.
DATES: This final rule is effective June
10, 2016.
ADDRESSES: Electronic copies of the AM
Application Amendment, which
includes an environmental assessment,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact review
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/caribbean/.
FOR FURTHER INFORMATION CONTACT:
´
´
Marıa del Mar Lopez, telephone: 727–
824–5305; email: maria.lopez@
noaa.gov.
SUPPLEMENTARY INFORMATION: In the
Caribbean EEZ, the reef fish, spiny
lobster, queen conch, and corals and
reef associated plants and invertebrates
fisheries are managed under their
respective FMPs. The FMPs were
prepared by the Council and are
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On February 4, 2016, NMFS
published a notice of availability for the
AM Application Amendment and
SUMMARY:
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requested public comment (81 FR 5978).
On February 26, 2016, NMFS published
a proposed rule for the AM Application
Amendment and regulatory
clarifications not contained in the
amendment and requested public
comment (81 FR 9800). The proposed
rule and the AM Application
Amendment outline the rationale for the
actions contained in this final rule. A
summary of the actions implemented by
the AM Application Amendment and
this final rule is provided below.
The final rule implementing
Amendment 2 to the Queen Conch FMP
and Amendment 5 to the Reef Fish FMP
(2010 Caribbean Annual Catch Limit
(ACL) Amendment) established ACLs
and AMs for species/species groups that
were at the time experiencing
overfishing (i.e., parrotfish, snapper,
grouper, queen conch) (76 FR 82404,
December 30, 2011). The final rule
implementing Amendment 3 to the
Queen Conch FMP, Amendment 6 to the
Reef Fish FMP, Amendment 5 to the
Spiny Lobster FMP, and Amendment 3
to the Coral FMP (2011 Caribbean ACL
Amendment) established ACLs and
AMs for the remaining Councilmanaged species/species groups which
were not undergoing overfishing at the
time or for which the overfishing status
was unknown (e.g., grunts, squirrelfish,
jacks, spiny lobster) (76 FR 82414,
December 30, 2011). As described at
§ 622.12(a) for reef fish, spiny lobster,
and corals and at § 622.491(b) for queen
conch, the current AM regulations in
the Caribbean EEZ require NMFS to
shorten the length of the fishing season
for a species/species group in the year
following a determination that the
applicable 3-year landings average
exceeded the respective ACL, unless
NMFS determines that the exceedance
is due to enhanced data collection and
monitoring efforts. The extent to which
fishing seasons are shortened in the year
following an ACL overage equates to the
number of days necessary to account for
the overage and to constrain landings to
the ACL. Pursuant to regulations at
§§ 622.12(a) and 622.491(b), any such
AM-based closures apply only during
the fishing year for which they are
implemented. However, the AM closure
language in the four FMPs states that
any AM-based closure ‘‘will remain in
effect until modified by the Council,’’
thereby carrying these closures over
from year to year, unless or until the
closures are revised by subsequent
Council action.
The AM Application Amendment
corrects this inconsistency, between the
language in the FMPs and the regulatory
language at §§ 622.12(a) and 622.491(b),
by revising the language within the four
E:\FR\FM\11MYR1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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]
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