Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction, 14198-14202 [2018-06736]

Download as PDF 14198 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations Authors Regulation Promulgation Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: The primary authors of this final rule are the staff members of the Fish and Wildlife Service’s Species Assessment Team and the Raleigh Ecological Services Field Office. List of Subjects in 50 CFR Part 17 * * Lance, yellow ................. * * * * * Dated February 23, 2018. James W. Kurth, Deputy Director, U.S. Fish and Wildlife Service, exercising the authority of the Director. [FR Doc. 2018–06735 Filed 4–2–18; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R3–ES–2013–0017; 4500030113] RIN 1018–AZ58 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction Fish and Wildlife Service, Interior. ACTION: Correcting amendments. AGENCY: We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on October 1, 2015, to designate critical habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek skipperling (Oarisma poweshiek), under the Endangered Species Act of 1973, as amended (Act). Inadvertently, we published a map of a critical habitat unit for the Dakota skipper in Minnesota where we should have published a map for the Poweshiek skipperling. This document makes the nshattuck on DSK9F9SC42PROD with RULES SUMMARY: VerDate Sep<11>2014 * * 13:13 Apr 02, 2018 Jkt 244001 * * Frm 00026 Fmt 4700 * T * * * * * 83 FR [Insert Federal Register page where the document begins]; 4/3/2018. * Sfmt 4700 * Listing citations and applicable rules necessary correction to the critical habitat designation for the Poweshiek skipperling. We are also replacing a map depicting critical habitat for Poweshiek skipperling in Minnesota to make an editorial correction in the title. DATES: This correction is effective April 3, 2018. FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, (703) 358–2506. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: The Dakota skipper (Hesperia dacotae) is listed under the Act as a threatened species, and the Poweshiek skipperling (Oarisma poweshiek) is listed as endangered. In a final rule that published October 1, 2015 (80 FR 59248), we designated critical habitat for the two butterfly species pursuant to the Act (16 U.S.C. 1531 et seq.). The rule added critical habitat for these species to title 50 of the Code of Federal Regulations (CFR) at 50 CFR 17.95(i). The rule included 32 maps showing critical habitat areas for the Dakota skipper and 48 maps showing critical habitat areas for the Poweshiek skipperling. We inadvertently inserted a map showing critical habitat for the Dakota skipper for Minnesota Unit 7 in the location where we should have included a map showing critical habitat for the Poweshiek skipperling for Minnesota Unit 7. The two maps are different because the areas being designated for each species as ‘‘Minnesota Unit 7’’ are different. Therefore, with this document, we PO 00000 * * (h) * * * Status * * * Elliptio lanceolata ......... Wherever found ........... * * Where listed § 17.11 Endangered and threatened wildlife. * Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245; unless otherwise noted. Scientific name * CLAMS * 1. The authority citation for part 17 continues to read as follows: ■ Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Common name PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 2. Amend § 17.11 in paragraph (h) by adding an entry for ‘‘Lance, yellow’’ to the List of Endangered and Threatened Wildlife in alphabetical order under CLAMS to read as follows: ■ * * remove the incorrect map at paragraph (28) of the entry for Poweshiek skipperling and insert the correct map in its place. We are also replacing the map depicting critical habitat for Poweshiek skipperling for Minnesota Unit 10 at paragraph (30) to make an editorial correction in the title. The old map referred to ‘‘Swift and Chippewa County,’’ and the new map correctly refers to ‘‘Swift and Chippewa Counties.’’ Previous Federal Action We listed the Dakota skipper as a threatened species and the Poweshiek skipperling as an endangered species on October 24, 2014 (79 FR 63672) with a rule issued under section 4(d) of the Act for the Dakota skipper. This rule followed publication on October 24, 2013, of a proposal to list the Dakota skipper as threatened with a section 4(d) rule and the Poweshiek skipperling as endangered (78 FR 63573). Also on October 24, 2013, we published in the Federal Register a proposed critical habitat designation for the Dakota skipper and Poweshiek skipperling (78 FR 63625). We published a final rule designating critical habitat for the two species on October 1, 2015 (80 FR 59248). Administrative Procedure As explained above, this rulemaking is necessary to correct an error associated with the publication of a map for the wrong species and an editorial error related to the title of a map. Therefore, under these circumstances, we have determined, pursuant to 5 E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations nshattuck on DSK9F9SC42PROD with RULES U.S.C. 553(b)(3)(B), that prior notice and opportunity for public comment are impractical and unnecessary. Public opportunity for comment is simply not required when an agency amends a regulation to remove regulatory provisions that are nor consistent with law. Such action is ministerial in nature and allows for no discretion on the part of the agency. Thus, public comment could not inform this process in any meaningful way. We have further determined that, under 5 U.S.C. 553(d)(3), the agency has good cause to make this rule effective upon publication, which is to comply with the Act as soon as practicable. VerDate Sep<11>2014 13:13 Apr 02, 2018 Jkt 244001 List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation PART 17—ENDANGERED AND THREATENED SPECIES 1. The authority citation for part 17 continues to read as follows: ■ PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1361–1407; 1531– 1544; 4201–4245; unless otherwise noted. 2. In § 17.95, in the entry for ‘‘Poweshiek Skipperling (Oarisma Poweshiek)’’, revise paragraphs (i)(28) and (30) to read as follows: ■ § 17.95 For the reasons given in the preamble, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: 14199 Critical habitat—fish and wildlife. * * * * * (i) Insects. * * * * * Poweshiek Skipperling (Oarisma Poweshiek) * * * * * (28) PS Minnesota Unit 7, Lincoln and Pipestone Counties, Minnesota. Map of PS Minnesota Unit 7 follows: BILLING CODE 4333–15–P E:\FR\FM\03APR1.SGM 03APR1 14200 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations Poweshiek Skipperling Criti·cal Habitat Minnesota Unit 7, lincoln and Pipestone Counties Pa 11!!5tj&SkWeriivOilicllll Hallilat - • Ci1Jr ar liMn --- 1:60.000 L-.J~ . . . . . .WEEr * * VerDate Sep<11>2014 * * 13:13 Apr 02, 2018 (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. Map of PS Minnesota Unit 10 follows: Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 ER03AP18.004</GPH> nshattuck on DSK9F9SC42PROD with RULES * Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations 14201 Poweshiek Skipperling Criti·cal Habitat Minnesota Unit 10, Swift and Chippewa Counties UH:Qui Pade legend U Ull!i .-s -~ Local R.lads 1:50.000 nshattuck on DSK9F9SC42PROD with RULES - VerDate Sep<11>2014 lliljor wall!r 13:13 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 E:\FR\FM\03APR1.SGM 03APR1 ER03AP18.005</GPH> - t:::i Caunly 14202 * * Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations * * * Dated: February 14, 2018. James W. Kurth, Deputy Director, U.S. Fish and Wildlife Service, exercising the authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2018–06736 Filed 4–2–18; 8:45 am] BILLING CODE 4333–15–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412–2517–02] RIN 0648–XG110 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2018 fishing year through this temporary rule. NMFS has determined greater amberjack landings have exceeded the 2018 commercial annual catch target (ACT). Therefore, the commercial sector fishing season for greater amberjack in the Gulf exclusive economic zone (EEZ) will not re-open on June 1, 2018, the end of the commercial seasonal closure, and the sector will remain closed until the start of the next commercial fishing season on January 1, 2019. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective 12:01 a.m., local time, June 1, 2018, until 12:01 a.m., local time, January 1, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: nshattuck on DSK9F9SC42PROD with RULES Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– VerDate Sep<11>2014 13:13 Apr 02, 2018 Jkt 244001 5305, or email: Kelli.ODonnell@ noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the Gulf, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The 2018 commercial annual catch limit (ACL) for Gulf greater amberjack is 319,140 lb (144,759 kg), as specified in 50 CFR 622.41(a)(1)(iii). The 2018 commercial quota (equivalent to the commercial ACT) is 277,651 lb (125,940.38 kg), as specified in 50 CFR 622.39(a)(1)(v). Additionally, the greater amberjack commercial sector is closed each year during the months of March, April, and May as specified in 50 CFR 622.36(a). Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the commercial sector for greater amberjack when the commercial ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that as of March 15, 2018, 106.4 percent of the 2018 commercial ACT has been reached. Accordingly, NMFS is closing commercial harvest of greater amberjack from the Gulf EEZ for the remainder of the 2018 fishing year effective 12:01 a.m., local time, June 1, 2018, until 12:01 a.m., local time, January 1, 2019. This means that the commercial sector for Gulf greater amberjack will not re-open on June 1, 2018. During the commercial closure, the sale or purchase of greater amberjack taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, March 1, 2018, and were held in cold storage by a dealer or PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 processor. The commercial sector for greater amberjack will re-open on January 1, 2019, the beginning of the 2019 greater amberjack commercial fishing season. During the commercial closure, the bag and possession limits specified in 50 CFR 622.38(b)(1) apply to all harvest or possession of greater amberjack in or from the Gulf EEZ. Additionally, the recreational sector for greater amberjack is closed until May 1, 2018. During the recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf greater amberjack and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.41(a)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA), finds that there is good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B). Such procedures are unnecessary because the rule establishing the requirement to close the commercial sector when the commercial ACT is reached or projected to be reached was subject to notice and comment, and NMFS must now notify the public of the closure. Authority: 16 U.S.C. 1801 et seq. Dated: March 29, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–06732 Filed 4–2–18; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\03APR1.SGM 03APR1

Agencies

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Pages 14198-14202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06736]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2013-0017; 4500030113]
RIN 1018-AZ58


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; 
Correction

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
in the Federal Register on October 1, 2015, to designate critical 
habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek 
skipperling (Oarisma poweshiek), under the Endangered Species Act of 
1973, as amended (Act). Inadvertently, we published a map of a critical 
habitat unit for the Dakota skipper in Minnesota where we should have 
published a map for the Poweshiek skipperling. This document makes the 
necessary correction to the critical habitat designation for the 
Poweshiek skipperling. We are also replacing a map depicting critical 
habitat for Poweshiek skipperling in Minnesota to make an editorial 
correction in the title.

DATES: This correction is effective April 3, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, (703) 358-2506. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Dakota skipper (Hesperia dacotae) is 
listed under the Act as a threatened species, and the Poweshiek 
skipperling (Oarisma poweshiek) is listed as endangered. In a final 
rule that published October 1, 2015 (80 FR 59248), we designated 
critical habitat for the two butterfly species pursuant to the Act (16 
U.S.C. 1531 et seq.). The rule added critical habitat for these species 
to title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.95(i). The rule included 32 maps showing critical habitat areas for 
the Dakota skipper and 48 maps showing critical habitat areas for the 
Poweshiek skipperling. We inadvertently inserted a map showing critical 
habitat for the Dakota skipper for Minnesota Unit 7 in the location 
where we should have included a map showing critical habitat for the 
Poweshiek skipperling for Minnesota Unit 7. The two maps are different 
because the areas being designated for each species as ``Minnesota Unit 
7'' are different. Therefore, with this document, we remove the 
incorrect map at paragraph (28) of the entry for Poweshiek skipperling 
and insert the correct map in its place. We are also replacing the map 
depicting critical habitat for Poweshiek skipperling for Minnesota Unit 
10 at paragraph (30) to make an editorial correction in the title. The 
old map referred to ``Swift and Chippewa County,'' and the new map 
correctly refers to ``Swift and Chippewa Counties.''

Previous Federal Action

    We listed the Dakota skipper as a threatened species and the 
Poweshiek skipperling as an endangered species on October 24, 2014 (79 
FR 63672) with a rule issued under section 4(d) of the Act for the 
Dakota skipper. This rule followed publication on October 24, 2013, of 
a proposal to list the Dakota skipper as threatened with a section 4(d) 
rule and the Poweshiek skipperling as endangered (78 FR 63573). Also on 
October 24, 2013, we published in the Federal Register a proposed 
critical habitat designation for the Dakota skipper and Poweshiek 
skipperling (78 FR 63625). We published a final rule designating 
critical habitat for the two species on October 1, 2015 (80 FR 59248).

Administrative Procedure

    As explained above, this rulemaking is necessary to correct an 
error associated with the publication of a map for the wrong species 
and an editorial error related to the title of a map. Therefore, under 
these circumstances, we have determined, pursuant to 5

[[Page 14199]]

U.S.C. 553(b)(3)(B), that prior notice and opportunity for public 
comment are impractical and unnecessary. Public opportunity for comment 
is simply not required when an agency amends a regulation to remove 
regulatory provisions that are nor consistent with law. Such action is 
ministerial in nature and allows for no discretion on the part of the 
agency. Thus, public comment could not inform this process in any 
meaningful way. We have further determined that, under 5 U.S.C. 
553(d)(3), the agency has good cause to make this rule effective upon 
publication, which is to comply with the Act as soon as practicable.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    For the reasons given in the preamble, 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 SPECIES

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.


0
2. In Sec.  17.95, in the entry for ``Poweshiek Skipperling (Oarisma 
Poweshiek)'', revise paragraphs (i)(28) and (30) to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) Insects.
* * * * *
    Poweshiek Skipperling (Oarisma Poweshiek)
* * * * *
    (28) PS Minnesota Unit 7, Lincoln and Pipestone Counties, 
Minnesota. Map of PS Minnesota Unit 7 follows:
 BILLING CODE 4333-15-P

[[Page 14200]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.004

* * * * *
    (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. 
Map of PS Minnesota Unit 10 follows:

[[Page 14201]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.005


[[Page 14202]]


* * * * *

    Dated: February 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the 
authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-06736 Filed 4-2-18; 8:45 am]
BILLING CODE 4333-15-C