Endangered and Threatened Wildlife and Plants; Adding Ten Species and Updating Five Species on the List of Endangered and Threatened Wildlife, 76311-76314 [2016-26241]
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Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations
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procedures for the effective operation of
the program. Among these procedures
are the following:
(i) The Department will implement
the program by utilizing best
commercial practices to the extent
practicable.
(ii) An effective communication plan
that includes efforts to educate
beneficiaries in order to optimize
participation and satisfaction will be
implemented.
(iii) Beneficiaries with active retail
prescriptions for a medication on the
maintenance medication list will be
notified that their medication is
included under the program.
Beneficiaries will be advised that they
may receive two 30 day fill at retail
while they transition their prescription
to the mail order program.
(iv) Requests for a third fill at retail
will result in 100% patient cost shares
and will be blocked from any TRICARE
payments and the beneficiary advised to
call the pharmacy benefits manager
(PBM) for assistance.
(v) The PBM will provide a toll free
number to assist beneficiaries in
transferring their prescriptions from
retail to the mail order program. With
the beneficiary’s permission, the PBM
will contact the physician or other
health care provider who prescribed the
medication to assist in transferring the
prescription to the mail order program.
(vi) In any case in which a beneficiary
required under paragraph (r) of this
section to obtain a maintenance
medication prescription refill from
national mail order pharmacy program
and attempts instead to refill such
medications at a retail pharmacy, the
PBM will also maintain the toll free
number to assist the beneficiary. This
assistance may include information on
how to request a waiver, consistent with
paragraph (r)(4)(iii) of this section, or in
taking any other appropriate action to
meet the beneficiary’s needs and to
implement the program.
(vii) The PBM will ensure that a
pharmacist is available at all times
through the toll-free telephone number
to answer beneficiary questions or
provide other appropriate assistance.
(6) This program will remain in effect
indefinitely with any adjustments or
modifications required by law.
*
*
*
*
*
Dated: October 28, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2016–26432 Filed 11–1–16; 8:45 am]
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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
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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 SoundGeorgia 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 SoundGeorgia Basin canary rockfish (Sebastes
SUMMARY:
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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;
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Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations
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.
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 SoundGeorgia 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
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
TABLE 1—RULEMAKING ACTIONS BY NMFS
Scientific name
Proposed rule publication date, action
Final rule publication
date
Applicability date
Dusky sea snake .........
Aipysurus fuscus ........
Cantharellus noumeae
African coelacanth
(Tanzanian DPS).
Nassau grouper ...........
Latimeria chalumnae
Sawback angelshark ...
Squatina aculeata ......
Smoothback
angelshark.
Squatina oculata ........
December 16, 2014 (79 FR 74953), to list as
endangered.
December 16, 2014 (79 FR 74953), to list as
endangered.
December 16, 2014 (79 FR 74953), to list as
endangered.
December 16, 2014 (79 FR 74953), to list as
endangered.
December 16, 2014 (79 FR 74953), to list as
threatened.
March 3, 2015 (80 FR 11363), to list as
threatened.
September 2, 2014 (79 FR 51929), to list as
threatened.
July 14, 2015 (80 FR 40969), to list as endangered.
July 14, 2015 (80 FR 40969), to list as endangered.
October 7, 2015 (80
FR 60560).
October 7, 2015 (80
FR 60560).
October 7, 2015 (80
FR 60560).
October 7, 2015 (80
FR 60560).
January 20, 2016 (81
FR 3023).
March 29, 2016 (81
FR 17398).
June 29, 2016 (81 FR
42268).
August 1, 2016 (81
FR 50394).
August 1, 2016 (81
FR 50394).
November 6, 2015.
Coral (no common
name).
Coral (no common
name).
Coral (no common
name).
Banggai cardinalfish ....
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Common name
VerDate Sep<11>2014
Siderastrea glynni ......
Tubastraea floreana ...
Pterapogon kauderni
Epinephelus striatus ..
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November 6, 2015.
November 6, 2015.
November 6, 2015.
February 19, 2016.
April 28, 2016.
July 29, 2016.
August 31, 2016.
August 31, 2016.
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TABLE 1—RULEMAKING ACTIONS BY NMFS—Continued
Final rule publication
date
Common name
Scientific name
Proposed rule publication date, action
Common angelshark ...
Squatina squatina ......
Sebastes pinniger ......
August 1, 2016 (81
FR 50394).
November 13, 2014
(79 FR 68042).
August 31, 2016.
Canary rockfish (Puget
Sound-Georgia
Basin DPS).
Yelloweye rockfish
(Puget Sound-Georgia Basin DPS).
Coho salmon (lower
Columbia River).
Steelhead (Puget
Sound DPS).
North Atlantic right
whale.
July 14, 2015 (80 FR 40969), to list as endangered.
August 6, 2013 (78 FR 47635), to designate
critical habitat.
Sebastes ruberrimus ..
August 6, 2013 (78 FR 47635), to designate
critical habitat.
November 13, 2014
(79 FR 68042).
February 11, 2015.
Oncorhynchus kisutch
January 14, 2013 (78 FR 2726), to designate
critical habitat.
January 14, 2013 (78 FR 2726), to designate
critical habitat.
June 6, 2013 (78 FR 34024), to eliminate the
‘‘sunset clause’’.
February 24, 2016 (81
FR 9252).
February 24, 2016 (81
FR 9252).
December 9, 2013 (78
FR 73726); correction to final rule on
June 16, 2014 (79
FR 34245).
March 25, 2016.
Oncorhynchus mykiss
Eubalaena glacialis ....
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
Common name
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
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.
2. Amend § 17.11(h), the List of
Endangered and Threatened Wildlife,
by:
■ a. Revising the entry for ‘‘Whale,
North Atlantic right’’ under
MAMMALS;
■
Scientific name
Where listed
*
*
Eubalaena glacialis ........
*
Wherever found ..............
Applicability date
February 11, 2015.
March 25, 2016.
December 6, 2013.
b. Adding an entry for ‘‘Sea snake,
dusky’’ in alphabetical order under
REPTILES;
■ c. Adding entries for ‘‘Angelshark,
common,’’ ‘‘Angelshark, sawback,’’
‘‘Angelshark, smoothback,’’
‘‘Cardinalfish, Banggai,’’ ‘‘Coelacanth,
African [Tanzanian DPS],’’ and
‘‘Grouper, Nassau’’ in alphabetical order
under FISHES;
■ 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
■ 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:
■
§ 17.11 Endangered and threatened
wildlife.
*
Status
*
*
(h) * * *
*
*
Listing citations and applicable rules
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MAMMALS
*
Whale, North Atlantic
right.
*
REPTILES
VerDate Sep<11>2014
*
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E
*
*
35 FR 8491; 6/2/1970, 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
*
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Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations
Common name
Scientific name
Where listed
*
Sea snake, dusky ............
*
*
Aipysurus fuscus ............
*
Wherever found ..............
*
FISHES
*
*
Status
Listing citations and applicable rules
*
E
*
*
*
Angelshark, common ......
Angelshark, sawback ......
Angelshark, smoothback
*
*
Squatina squatina ..........
Squatina aculeata ..........
Squatina oculata ............
*
Wherever found ..............
Wherever found ..............
Wherever found ..............
E
E
E
*
Cardinalfish, Banggai ......
*
*
Pterapogon kauderni ......
*
Wherever found ..............
T
*
Coelacanth, African [Tanzanian DPS].
*
*
Latimeria chalumnae ......
*
Tanzanian DPS—see 50
CFR 223.102.
*
Grouper, Nassau .............
*
*
Epinephelus striatus .......
*
Wherever found ..............
*
Rockfish, canary [Puget
Sound-Georgia Basin
DPS].
Rockfish, yelloweye
[Puget Sound-Georgia
Basin DPS].
*
*
Sebastes pinniger ..........
*
Puget Sound-Georgia
Basin DPS—see 50
CFR 223.102.
Puget Sound-Georgia
Basin DPS—see 50
CFR 223.102.
Sebastes ruberrimus ......
*
Salmon, coho [Lower Columbia River ESU].
*
*
Oncorhynchus kisutch ....
*
Lower Columbia River
ESU—see 50 CFR
223.102.
*
Steelhead [Puget Sound
DPS].
*
*
Oncorhynchus mykiss ....
*
Puget Sound DPS—see
50 CFR 223.102.
*
CORALS
*
*
*
81 FR 50394; 8/1/2016.N
81 FR 50394; 8/1/2016.N
81 FR 50394; 8/1/2016.N
*
*
81 FR 3023; 1/20/2016.N
*
*
*
81 FR 17398;. 3/29/2016N
*
*
*
81 FR 42268; 6/29/2016.N
*
*
*
75 FR 22276; 4/28/2010,N
2011, 79 FR 42687;
226.224.CH
75 FR 22276; 4/28/2010,N
2011, 79 FR 42687;
226.224.CH
T
T
T
T
*
*
*
72 FR 26722; 5/11/2007,N 76 FR 20558; 4/13/
2011, 79 FR 42687; 7/23/2014, 50 CFR
223.203,4d 50 CFR 226.212.CH
T
*
Wherever found ..............
E
*
Coral, (no common
name).
Coral, (no common
name).
*
*
Siderastrea glynni ..........
*
Wherever found ..............
Tubastraea floreana .......
Wherever found ..............
*
*
80 FR 60560; 10/7/2015. N
*
*
*
80 FR 60560; 10/7/2015. N
*
E
E
80 FR 60560; 10/7/2015. N
*
*
[FR Doc. 2016–26241 Filed 11–1–16; 8:45 am]
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*
*
Dated: October 14, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
VerDate Sep<11>2014
76 FR 20558; 4/13/
7/23/2014, 50 CFR
*
*
70 FR 37160; 6/28/2005,N 76 FR 20558; 4/13/
2011, 79 FR 42687; 7/23/2014, 50 CFR
223.203,4d 50 CFR 226.212.CH
*
*
*
76 FR 20558; 4/13/
7/23/2014, 50 CFR
*
T
*
*
*
*
*
*
Cantharellus noumeae ...
*
*
*
*
*
Coral, (no common
name).
*
*
80 FR 60560; 10/7/2015.N
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]]>Agencies
[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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
