Endangered and Threatened Wildlife and Plants; Identification of 14 Distinct Population Segments of the Humpback Whale and Revision of Species-Wide Listing, 93639-93641 [2016-30483]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations Title: Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14–28, FCC 15–24. Form Number: N/A. Respondents: Businesses or other forprofit entities; Not-for profit entities; State, local or tribal governments. Number of Respondents and Responses: 3,188 respondents; 3,188 responses. Estimated Time per Response: 31.2 hours (average). Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Mandatory. The statutory authority for this information collection is contained in sections 1, 2, 3, 4, 10, 201, 202, 301, 303, 316, 332, 403, 501, 503 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, as amended, and 47 U.S.C. 151, 152, 153, 154, 160, 201, 202, 301, 303, 316, 332, 403, 501, 503, and 1302. Total Annual Burden: 99,466 hours. Total Annual Cost: $640,000. Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information (PII) from individuals. Privacy Act: No impact(s). Needs and Uses: The Commission’s transparency rule for providers of broadband Internet access service require all providers of broadband Internet access service to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of their broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. The rules ensure transparency and continued Internet openness, while making clear that broadband providers can manage their networks effectively. The enhancements to the transparency rule adopted in the Open Internet Order will better enable end-user consumers to make informed choices about broadband services by providing them with timely information tailored more specifically to their needs, and will similarly provide edge providers with the information necessary to develop new content, applications, services, and devices that promote the virtuous cycle of investment and innovation. The Commission anticipates that small entities may have less of a burden, and VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 larger entities may have more of a burden than the average compliance burden. This is because larger entities serve more customers, are more likely to serve multiple geographic regions, and are not eligible to avail themselves of the temporary exemption from the enhancements granted to smaller providers. 93639 Falls Church, VA 22041–3803; 703– 358–2171. SUPPLEMENTARY INFORMATION: Background In accordance with the Act (16 U.S.C. 1531 et seq.) and Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS has jurisdiction over the marine taxa identified in this rule. Federal Communications Commission. Under section 4(a)(2) of the Act, NMFS Marlene H. Dortch, must decide whether a species under its Secretary. jurisdiction should be classified as an [FR Doc. 2016–30766 Filed 12–20–16; 8:45 am] endangered or threatened species. BILLING CODE 6712–01–P NMFS makes these determinations via its rulemaking process. We, the Service, are then responsible for publishing final rules to amend the Lists of Endangered DEPARTMENT OF THE INTERIOR and Threatened Wildlife and Plants Fish and Wildlife Service (Lists) in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 17.11(h) 50 CFR Part 17 and 17.12(h), respectively. Under section 4(a)(2)(A) of the Act, if [Docket No. FWS–HQ–ES–2016–0126; NMFS determines that a species should FXES11130900000 167 FF09E42000] be listed as endangered or threatened, or RIN 1018–BB80 that a species’ status should be changed from threatened to endangered, then Endangered and Threatened Wildlife NMFS is required to inform the Service and Plants; Identification of 14 Distinct of the status change. The Service is then Population Segments of the Humpback responsible for implementing the status Whale and Revision of Species-Wide change by publishing a final rule to Listing amend the appropriate List at 50 CFR 17.11(h) or 17.12(h). Under section AGENCY: Fish and Wildlife Service, 4(a)(2)(B) of the Act, if NMFS Interior. determines that a species should be ACTION: Final rule. removed from the List (delisted), or that a species’ status should be changed from SUMMARY: We, the U.S. Fish and an endangered to a threatened species, Wildlife Service (Service), in then NMFS is required to recommend accordance with the Endangered the status change to the Service. If the Species Act of 1973, as amended (Act), Service concurs with the recommended are amending the List of Endangered status change, then the Service will and Threatened Wildlife (List) by implement the status change by removing the current species-level publishing a final rule to amend the listing of the humpback whale appropriate List. (Megaptera novaeangliae), and in its On April 21, 2015, NMFS published place listing the Cape Verde Islands/ a proposed rule (80 FR 22304) to remove Northwest Africa, Western North the species-level listing of the Pacific, Central America, and Arabian humpback whale (Megaptera Sea distinct population segments (DPSs) novaeangliae) from 50 CFR part 224 and as endangered and the Mexico DPS as in its place list the Cape Verde Islands/ threatened. Humpback whales in the Northwest Africa and Arabian Sea DPSs remaining DPSs will no longer be as endangered (at 50 CFR part 224) and protected under the Act. This the Western North Pacific and Central amendment is based on a previously America DPSs as threatened (at 50 CFR published determination by the part 223). NMFS solicited public National Marine Fisheries Service comments on the proposed rule for 90 (NMFS) of the National Oceanic and days, ending July 20, 2015. On Atmospheric Administration, September 8, 2016, NMFS published a Department of Commerce, which has final rule (81 FR 62260) to list the Cape jurisdiction for this species. Verde Islands/Northwest Africa, DATES: This rule is effective December Western North Pacific, Central America, 21, 2016. Applicability date: The revised and Arabian Sea DPSs as endangered listings were applicable as of October and the Mexico DPS as threatened. As 11, 2016. of the effective date of NMFS’ rule (October 11, 2016), the humpback FOR FURTHER INFORMATION CONTACT: Don whales that make up the remaining nine Morgan, Chief, Branch of Recovery and DPSs identified in the rule are no longer State Grants, U.S. Fish and Wildlife listed under the Act. Service, MS–ES, 5275 Leesburg Pike, PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1 93640 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations The removal of the species-level listing and the listing of the five humpback whale DPSs were applicable as of October 11, 2016. In the September 8, 2016, final rule (81 FR 62260), NMFS addressed all public comments received in response to the proposed rule. NMFS reconsidered its proposals with regard to the Western North Pacific, Mexico, and Central America DPSs, listing the Western North Pacific and Central America DPSs as endangered instead of threatened as proposed and listing the Mexico DPS as threatened instead of not listing it. For the Western North Pacific DPS, NMFS considered the relatively low, slightly revised abundance estimate (1,059 instead of 1,100); the moderate reduction of its population size or growth rate likely from energy development, competition with fisheries, whaling, and vessel collisions; the serious reduction of its population size or growth rate likely from fishing gear entanglements; and the considerable uncertainty reflected in the distribution of Biological Review Team (BRT) votes in assigning extinction risk categories. For the Mexico DPS, NMFS considered the revised abundance estimate that is significantly lower than previously thought (3,264 instead of 6,000–7,000) and the presence of the known fishing gear entanglement threat of moderate intensity. For the Central America DPS, NMFS considered the original low abundance estimate of 500–600 (which was at the dividing line between BRT risk categories) and the more recently updated estimate of 411 (which is below the BRT’s threshold of 500 between ‘‘high risk of extinction’’ and ‘‘moderate risk of extinction’’), the fact that the moderate threats of vessel collisions and fishing gear entanglement continue to act upon a population that is so small, and the considerable uncertainty reflected in the distribution of BRT votes for different extinction risk categories. As discussed under the Status Review section of NMFS’ final rule (see 81 FR 62261–62262; September 8, 2016), the BRT considered abundance and trend information carefully in evaluating asabaliauskas on DSK3SPTVN1PROD with RULES Common name extinction risk, but abundance was not the sole criterion for evaluating extinction risk. The thresholds described by the BRT were only general guidelines, and NMFS was required to consider them in light of the considerations just outlined. Under these circumstances, for these particular DPSs, the extinction risk is compounded by the lack of information on the population abundance trends. NMFS concluded that the Western North Pacific and Central America DPSs are in danger of extinction throughout their ranges and the Mexico DPS is likely to become endangered throughout its range within the foreseeable future. Because humpback whales that make up some of the identified DPSs of humpback whale will no longer be protected under the Act and whales in one DPS are considered threatened rather than endangered, both section 4(a)(2)(A) and section 4(a)(2)(B) of the Act apply to our responsibility to implement the status changes by publishing a final rule to amend the List at 50 CFR 17.11(h). In a September 6, 2016, memorandum (Memorandum from Gary Frazer to Donna Wieting, September 6, 2016), per section 4(a)(2)(B), we concur with NMFS’s recommendation that humpback whales in nine DPSs are no longer endangered or threatened species and that whales in the Mexico DPS are now a threatened species rather than an endangered species. By publishing this final rule, we are taking the necessary administrative step to codify these changes in the List at 50 CFR 17.11(h). Administrative Procedure Act Because NMFS provided a public comment period on the proposed rule for the humpback whale, and we concur with NMFS’ actions, we find good cause that the notice and public comment procedures of 5 U.S.C. 553(b) are unnecessary for this action. We also find good cause under 5 U.S.C. 553(d)(3) to make this rule effective immediately. The NMFS rule (81 FR 62260; September 8, 2016) revised the listing status of the humpback whale, extending protection under the Act to five DPSs and listing them at 50 CFR parts 223 and 224; this rule is an Scientific name Where listed E Whale, humpback [Cape Verde Islands/Northwest Africa DPS]. Megaptera novaeangliae Cape Verde Islands/ Northwest Africa DPS— see 50 CFR 224.101. E PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 We have determined that an environmental assessment, as defined under the authority of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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 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, under MAMMALS, by: ■ a. Removing the entry for ‘‘Whale, humpback’’; and ■ b. Adding entries, in alphabetical order, for ‘‘Whale, humpback [Arabian Sea DPS]’’; ‘‘Whale, humpback [Cape Verde Islands/Northwest Africa DPS]’’; ‘‘Whale, humpback [Central America DPS]’’; ‘‘Whale, humpback [Mexico DPS]’’; and ‘‘Whale, humpback [Western North Pacific DPS]’’, to read as follows: ■ § 17.11 Endangered and threatened wildlife. * * * (h) * * * * * 35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/ 1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert Federal Register page where the document begins], 12/21/2016. 35 FR 8491; 6/0/1970, 35 FR 18319; 12/2/ 1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert Federal Register page where the document begins], 12/21/2016. Arabian Sea DPS—see 50 CFR 224.101. Jkt 241001 National Environmental Policy Act Listing citations and applicable rules Megaptera novaeangliae 17:05 Dec 20, 2016 Required Determinations Status Whale, humpback [Arabian Sea DPS]. VerDate Sep<11>2014 administrative action to add those DPSs to the List at 50 CFR 17.11(h). The public would not be served by delaying the effective date of this rulemaking action. E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations Common name Scientific name Where listed Status Listing citations and applicable rules 35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/ 1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert Federal Register page where the document begins], 12/21/2016. 35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/ 1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert Federal Register page where the document begins], 12/21/2016, 50 CFR 223.213 50 CFR 223.214. 35 FR 8491; 6/2/1970, 35 FR 18319; 12/2/ 1970, 81 FR 62260; 9/8/2016N, 81 FR [Insert Federal Register page where the document begins], 12/21/2016, 50 CFR 224.103. Whale, humpback [Central America DPS]. Megaptera novaeangliae Central America DPS— see 50 CFR 224.101. E Whale, humpback [Mexico DPS]. Megaptera novaeangliae Mexico DPS—see 50 CFR 223.102. T Whale, humpback [Western North Pacific DPS]. Megaptera novaeangliae Western North Pacific DPS—see 50 CFR 224.101. E Dated: December 5, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–30483 Filed 12–20–16; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 4333–15–P VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00071 Fmt 4700 Sfmt 9990 93641 E:\FR\FM\21DER1.SGM 21DER1

Agencies

[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93639-93641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30483]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0126; FXES11130900000 167 FF09E42000]
RIN 1018-BB80


Endangered and Threatened Wildlife and Plants; Identification of 
14 Distinct Population Segments of the Humpback Whale and Revision of 
Species-Wide Listing

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 
removing the current species-level listing of the humpback whale 
(Megaptera novaeangliae), and in its place listing the Cape Verde 
Islands/Northwest Africa, Western North Pacific, Central America, and 
Arabian Sea distinct population segments (DPSs) as endangered and the 
Mexico DPS as threatened. Humpback whales in the remaining DPSs will no 
longer be protected under the Act. This amendment is based on a 
previously published determination by the National Marine Fisheries 
Service (NMFS) of the National Oceanic and Atmospheric Administration, 
Department of Commerce, which has jurisdiction for this species.

DATES: This rule is effective December 21, 2016. Applicability date: 
The revised listings were applicable as of October 11, 2016.

FOR FURTHER INFORMATION CONTACT: Don Morgan, Chief, Branch of Recovery 
and State Grants, U.S. Fish and Wildlife Service, MS-ES, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803; 703-358-2171.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with the Act (16 U.S.C. 1531 et seq.) and 
Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS 
has jurisdiction over the marine taxa identified in this rule. Under 
section 4(a)(2) of the Act, NMFS must decide whether a species under 
its jurisdiction should be classified as an endangered or threatened 
species. NMFS makes these determinations via its rulemaking process. 
We, the Service, are then responsible for publishing final rules to 
amend the Lists of Endangered and Threatened Wildlife and Plants 
(Lists) in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.11(h) and 17.12(h), respectively.
    Under section 4(a)(2)(A) of the Act, if NMFS determines that a 
species should be listed as endangered or threatened, or that a 
species' status should be changed from threatened to endangered, then 
NMFS is required to inform the Service of the status change. The 
Service is then responsible for implementing the status change by 
publishing a final rule to amend the appropriate List at 50 CFR 
17.11(h) or 17.12(h). Under section 4(a)(2)(B) of the Act, if NMFS 
determines that a species should be removed from the List (delisted), 
or that a species' status should be changed from an endangered to a 
threatened species, then NMFS is required to recommend the status 
change to the Service. If the Service concurs with the recommended 
status change, then the Service will implement the status change by 
publishing a final rule to amend the appropriate List.
    On April 21, 2015, NMFS published a proposed rule (80 FR 22304) to 
remove the species-level listing of the humpback whale (Megaptera 
novaeangliae) from 50 CFR part 224 and in its place list the Cape Verde 
Islands/Northwest Africa and Arabian Sea DPSs as endangered (at 50 CFR 
part 224) and the Western North Pacific and Central America DPSs as 
threatened (at 50 CFR part 223). NMFS solicited public comments on the 
proposed rule for 90 days, ending July 20, 2015. On September 8, 2016, 
NMFS published a final rule (81 FR 62260) to list the Cape Verde 
Islands/Northwest Africa, Western North Pacific, Central America, and 
Arabian Sea DPSs as endangered and the Mexico DPS as threatened. As of 
the effective date of NMFS' rule (October 11, 2016), the humpback 
whales that make up the remaining nine DPSs identified in the rule are 
no longer listed under the Act.

[[Page 93640]]

    The removal of the species-level listing and the listing of the 
five humpback whale DPSs were applicable as of October 11, 2016. In the 
September 8, 2016, final rule (81 FR 62260), NMFS addressed all public 
comments received in response to the proposed rule. NMFS reconsidered 
its proposals with regard to the Western North Pacific, Mexico, and 
Central America DPSs, listing the Western North Pacific and Central 
America DPSs as endangered instead of threatened as proposed and 
listing the Mexico DPS as threatened instead of not listing it.
    For the Western North Pacific DPS, NMFS considered the relatively 
low, slightly revised abundance estimate (1,059 instead of 1,100); the 
moderate reduction of its population size or growth rate likely from 
energy development, competition with fisheries, whaling, and vessel 
collisions; the serious reduction of its population size or growth rate 
likely from fishing gear entanglements; and the considerable 
uncertainty reflected in the distribution of Biological Review Team 
(BRT) votes in assigning extinction risk categories.
    For the Mexico DPS, NMFS considered the revised abundance estimate 
that is significantly lower than previously thought (3,264 instead of 
6,000-7,000) and the presence of the known fishing gear entanglement 
threat of moderate intensity.
    For the Central America DPS, NMFS considered the original low 
abundance estimate of 500-600 (which was at the dividing line between 
BRT risk categories) and the more recently updated estimate of 411 
(which is below the BRT's threshold of 500 between ``high risk of 
extinction'' and ``moderate risk of extinction''), the fact that the 
moderate threats of vessel collisions and fishing gear entanglement 
continue to act upon a population that is so small, and the 
considerable uncertainty reflected in the distribution of BRT votes for 
different extinction risk categories.
    As discussed under the Status Review section of NMFS' final rule 
(see 81 FR 62261-62262; September 8, 2016), the BRT considered 
abundance and trend information carefully in evaluating extinction 
risk, but abundance was not the sole criterion for evaluating 
extinction risk. The thresholds described by the BRT were only general 
guidelines, and NMFS was required to consider them in light of the 
considerations just outlined. Under these circumstances, for these 
particular DPSs, the extinction risk is compounded by the lack of 
information on the population abundance trends. NMFS concluded that the 
Western North Pacific and Central America DPSs are in danger of 
extinction throughout their ranges and the Mexico DPS is likely to 
become endangered throughout its range within the foreseeable future.
    Because humpback whales that make up some of the identified DPSs of 
humpback whale will no longer be protected under the Act and whales in 
one DPS are considered threatened rather than endangered, both section 
4(a)(2)(A) and section 4(a)(2)(B) of the Act apply to our 
responsibility to implement the status changes by publishing a final 
rule to amend the List at 50 CFR 17.11(h).
    In a September 6, 2016, memorandum (Memorandum from Gary Frazer to 
Donna Wieting, September 6, 2016), per section 4(a)(2)(B), we concur 
with NMFS's recommendation that humpback whales in nine DPSs are no 
longer endangered or threatened species and that whales in the Mexico 
DPS are now a threatened species rather than an endangered species. By 
publishing this final rule, we are taking the necessary administrative 
step to codify these changes in the List at 50 CFR 17.11(h).

Administrative Procedure Act

    Because NMFS provided a public comment period on the proposed rule 
for the humpback whale, and we concur with NMFS' actions, we find good 
cause that the notice and public comment procedures of 5 U.S.C. 553(b) 
are unnecessary for this action. We also find good cause under 5 U.S.C. 
553(d)(3) to make this rule effective immediately. The NMFS rule (81 FR 
62260; September 8, 2016) revised the listing status of the humpback 
whale, extending protection under the Act to five DPSs and listing them 
at 50 CFR parts 223 and 224; this rule is an administrative action to 
add those DPSs to the List at 50 CFR 17.11(h). The public would not be 
served by delaying the effective date of this rulemaking action.

Required Determinations

National Environmental Policy Act

    We have determined that an environmental assessment, as defined 
under the authority of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), 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, under MAMMALS, by:
0
a. Removing the entry for ``Whale, humpback''; and
0
b. Adding entries, in alphabetical order, for ``Whale, humpback 
[Arabian Sea DPS]''; ``Whale, humpback [Cape Verde Islands/Northwest 
Africa DPS]''; ``Whale, humpback [Central America DPS]''; ``Whale, 
humpback [Mexico DPS]''; and ``Whale, humpback [Western North Pacific 
DPS]'', to read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name                Scientific name        Where listed      Status       applicable rules
----------------------------------------------------------------------------------------------------------------
Whale, humpback [Arabian Sea DPS]  Megaptera             Arabian Sea DPS--          E   35 FR 8491; 6/2/1970, 35
                                    novaeangliae.         see 50 CFR 224.101.            FR 18319; 12/2/1970, 81
                                                                                         FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.
Whale, humpback [Cape Verde        Megaptera             Cape Verde Islands/        E   35 FR 8491; 6/0/1970, 35
 Islands/Northwest Africa DPS].     novaeangliae.         Northwest Africa               FR 18319; 12/2/1970, 81
                                                          DPS--see 50 CFR                FR 62260; 9/8/2016\N\,
                                                          224.101.                       81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.

[[Page 93641]]

 
Whale, humpback [Central America   Megaptera             Central America            E   35 FR 8491; 6/2/1970, 35
 DPS].                              novaeangliae.         DPS--see 50 CFR                FR 18319; 12/2/1970, 81
                                                          224.101.                       FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016.
Whale, humpback [Mexico DPS].....  Megaptera             Mexico DPS--see 50         T   35 FR 8491; 6/2/1970, 35
                                    novaeangliae.         CFR 223.102.                   FR 18319; 12/2/1970, 81
                                                                                         FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016,
                                                                                        50 CFR 223.213
                                                                                        50 CFR 223.214.
Whale, humpback [Western North     Megaptera             Western North              E   35 FR 8491; 6/2/1970, 35
 Pacific DPS].                      novaeangliae.         Pacific DPS--see               FR 18319; 12/2/1970, 81
                                                          50 CFR 224.101.                FR 62260; 9/8/2016\N\,
                                                                                         81 FR [Insert Federal
                                                                                         Register page where the
                                                                                         document begins], 12/21/
                                                                                         2016,
                                                                                        50 CFR 224.103.
----------------------------------------------------------------------------------------------------------------


    Dated: December 5, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-30483 Filed 12-20-16; 8:45 am]
BILLING CODE 4333-15-P