Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction, 14198-14202 [2018-06736]
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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
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Lance, yellow .................
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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
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SUMMARY:
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83 FR [Insert Federal Register page where the
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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
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(h) * * *
Status
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Elliptio lanceolata ......... Wherever found ...........
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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
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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.
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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.
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(i) Insects.
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Poweshiek Skipperling (Oarisma
Poweshiek)
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*
(28) PS Minnesota Unit 7, Lincoln and
Pipestone Counties, Minnesota. Map of
PS Minnesota Unit 7 follows:
BILLING CODE 4333–15–P
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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
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(30) PS Minnesota Unit 10, Swift and
Chippewa Counties, Minnesota. Map of
PS Minnesota Unit 10 follows:
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ER03AP18.004</GPH>
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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
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Local R.lads
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14202
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Rules and Regulations
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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:
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Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
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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
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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
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]]>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]
-----------------------------------------------------------------------
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
