Endangered and Threatened Wildlife and Plants; Adding Rice's Whale to and Updating Three Humpback Whale Entries on the List of Endangered and Threatened Wildlife, 8981-8983 [2022-03114]
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lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
(1) Prohibitions. The following
prohibitions that apply to endangered
wildlife also apply to Stephens’
kangaroo rat. Except as provided under
paragraph (t)(2) of this section and
§§ 17.4 and 17.5, it is unlawful for any
person subject to the jurisdiction of the
United States to commit, to attempt to
commit, to solicit another to commit, or
cause to be committed, any of the
following acts in regard to this species:
(i) Import or export, as set forth at
§ 17.21(b) for endangered wildlife.
(ii) Take, as set forth at § 17.21(c)(1)
for endangered wildlife.
(iii) Possession and other acts with
unlawfully taken specimens, as set forth
at § 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in
the course of commercial activity, as set
forth at § 17.21(e) for endangered
wildlife.
(v) Sale or offer for sale, as set forth
at § 17.21(f) for endangered wildlife.
(2) Exceptions from prohibitions. In
regard to Stephens’ kangaroo rat, you
may:
(i) Conduct activities as authorized by
a permit under § 17.32.
(ii) Take, as set forth at § 17.21(c)(2)
through (4) for endangered wildlife.
(iii) Take, as set forth at § 17.31(b).
(iv) Possess and engage in other acts
with unlawfully taken wildlife, as set
forth at § 17.21(d)(2) for endangered
wildlife.
(v) Implement livestock grazing in the
course of habitat management and
restoration to benefit Stephens’
kangaroo rat or other native species in
the grassland habitat as approved by the
Service.
(vi) Conduct the following wildfire
suppression activities:
(A) Activities necessary to maintain
the minimum clearance (defensible
space) requirement from any occupied
dwelling, occupied structure, or to the
property line, whichever is nearer, to
provide reasonable fire safety and to
reduce wildfire risks consistent with the
State of California fire codes or local fire
codes/ordinances.
(B) Fire management actions (e.g.,
prescribed burns, hazardous fuel
reduction activities) on protected/
preserve lands to maintain, protect, or
enhance habitat occupied by Stephens’
kangaroo rat. These activities are to be
coordinated with and reported to the
Service in writing and approved the first
time an individual or agency undertakes
them.
(C) Maintenance of existing fuel
breaks.
(D) Firefighting activities associated
with actively burning wildfires to
reduce risk to life or property.
(vii) Remove nonnative, invasive, or
noxious plants for the purpose of
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Stephens’ kangaroo rat conservation as
approved by the Service. This includes
noxious weed control and other
vegetation reduction in the course of
habitat management and restoration to
benefit Stephens’ kangaroo rat,
including mechanical and chemical
control, provided that these activities
are conducted in a manner consistent
with Federal and applicable State laws,
including Environmental Protection
Agency label restrictions for herbicide
application.
(viii) Implement activities conducted
as part of a plan developed in
coordination with the Service or the
California Department of Fish and
Wildlife that are for the purpose of
Stephens’ kangaroo rat conservation.
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2022–03317 Filed 2–16–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2021–0138;
FF09E21000 FXES1111090FEDR 223]
RIN 1018–BG58
Endangered and Threatened Wildlife
and Plants; Adding Rice’s Whale to
and Updating Three Humpback Whale
Entries 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 Rice’s whale (Balaenoptera
ricei). We are also updating the entries
for the Central America, Mexico, and
Western North Pacific distinct
population segments (DPSs) of
humpback whales (Megaptera
novaeangliae) to reflect the designation
of critical habitat for these DPSs. 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:
SUMMARY:
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8981
Effective date: This rule is effective
February 17, 2022.
Applicability date: The Rice’s whale
listing was applicable as of October 22,
2021. The humpback whale critical
habitat designations were applicable as
of May 21, 2021.
FOR FURTHER INFORMATION CONTACT:
Caitlin Snyder, Chief, Branch of
Domestic Listing, U.S. Fish and Wildlife
Service, MS: ES, 5275 Leesburg Pike,
Falls Church, VA 22041–3803;
telephone 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 specified 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 species or a threatened
species. 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.
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 8, 2016, NMFS
published a proposed rule to list the
Gulf of Mexico Bryde’s whale as an
endangered species (81 FR 88639).
NMFS solicited public comments on the
proposed rule for 75 days (81 FR 88639,
December 8, 2016; 81 FR 92760,
December 20, 2016; 82 FR 9707,
February 8, 2017) and accepted public
comments during a public hearing on
January 19, 2017. NMFS addressed all
public comments received in response
to the proposed rule in its April 15,
2019, final rule (84 FR 15446) to list the
Gulf of Mexico Bryde’s whale as an
endangered species. NMFS determined
that the Gulf of Mexico Bryde’s whale
is an unnamed subspecies of Bryde’s
whales (Balaenoptera edeni). The listing
of the Gulf of Mexico Bryde’s whale
went into effect on May 15, 2019. We
did not publish an administrative action
at that time to add the Gulf of Mexico
Bryde’s whale to the List at 50 CFR
17.11(h).
On August 23, 2021, NMFS published
a direct final rule (86 FR 47022) to
revise the taxonomy and common name
of Balaenoptera edeni (unnamed
subspecies; Bryde’s Whale—Gulf of
Mexico subspecies) to reflect the most
recently accepted scientific name, in
E:\FR\FM\17FER1.SGM
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8982
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
accordance with 50 CFR 224.101(e).
Based on the best scientific data
available at that time, NMFS determined
that revising the entry at 50 CFR
224.101(h) was warranted as follows:
Change the common name from Bryde’s
whale (Gulf of Mexico subspecies) to
Rice’s whale, change the scientific name
from Balaenoptera edeni (unnamed
subspecies) to Balaenoptera ricei, and
change the description of the listed
entity from Bryde’s whales that breed
and feed in the Gulf of Mexico to
‘‘wherever found.’’ NMFS provided an
opportunity for the public to submit
significant adverse comments in
response to the direct final rule; they
received none. The direct final rule
went into effect on October 22, 2021. By
publishing this final rule, we are taking
the necessary administrative step to
amend the List at 50 CFR 17.11(h) to
include the Rice’s whale.
We are also updating the entries on
the List for the Central America,
Mexico, and Western North Pacific
DPSs of humpback whales to reflect the
designation of critical habitat for these
three DPSs. On October 9, 2019, NMFS
published a proposed rule (84 FR
54354) identifying critical habitat for
these three DPSs of humpback whales
and solicited public comments on the
proposed rule through January 31, 2020
(see 84 FR 65346, November 27, 2019).
NMFS also solicited public comments at
six public hearings (84 FR 55530,
October 17, 2019; 84 FR 65346,
November 27, 2019). NMFS addressed
all public comments received in its
April 21, 2021, final rule (86 FR 21082)
designating critical habitat for these
three DPSs.
Common name
The humpback whale critical habitat
designations went into effect on May 21,
2021. 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).
4(a) of the Act. We published a notice
outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
Administrative Procedure Act
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Because NMFS provided an
opportunity for public comment on the
proposed rules for these taxa, and
because this action of the Service to
amend the List in accordance with the
determinations 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 by listing
Rice’s whale in 50 CFR part 224 and
designating critical habitat for the
Central America, Mexico, and Western
North Pacific DPSs of humpback whales
in 50 CFR part 226; this rule is an
administrative action to add one species
to, and update the entries of three
species on, 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, need
not be prepared in connection with
regulations adopted pursuant to section
Scientific name
Where listed
List of Subjects in 50 CFR Part 17
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
CFR, 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, in paragraph (h),
the List of Endangered and Threatened
Wildlife, under mammals, by:
■ a. Revising the entries for ‘‘Whale,
humpback [Central America DPS],’’
‘‘Whale, humpback [Mexico DPS],’’ and
‘‘Whale, humpback [Western North
Pacific DPS];’’ and
■ b. Adding an entry in alphabetical
order for ‘‘Whale, Rice’s’’.
The revisions and addition read as
follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
Status
*
*
Listing citations and applicable rules
lotter on DSK11XQN23PROD with RULES1
MAMMALS
*
Whale, humpback [Central
America DPS].
*
*
Megaptera novaeangliae ..
*
Central America DPS—
see 50 CFR 224.101.
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
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*
*
35 FR 8491, 6/2/1970; 35 FR 18319,
12/2/1970; 81 FR 62260, 9/8/2016;N
81 FR 93639, 12/21/2016; 87 FR [INSERT Federal Register PAGE
WHERE THE DOCUMENT BEGINS],
2/17/2022; 50 CFR 226.227.CH
35 FR 8491, 6/2/1970; 35 FR 18319,
12/2/1970; 81 FR 62260, 9/8/2016;N
81 FR 93639, 12/21/2016; 87 FR [INSERT Federal Register PAGE
WHERE THE DOCUMENT BEGINS],
2/17/2022; 50 CFR 223.213; 50 CFR
223.214; 50 CFR 226.227.CH
35 FR 8491, 6/2/1970; 35 FR 18319,
12/2/1970; 81 FR 62260, 9/8/2016;N
81 FR 93639, 12/21/2016; 87 FR [INSERT Federal Register PAGE
WHERE THE DOCUMENT BEGINS],
2/17/2022; 50 CFR 224.103; 50 CFR
226.227.CH
17FER1
8983
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
Common name
Scientific name
Where listed
*
Whale, Rice’s ....................
*
*
Balaenoptera ricei ............
*
Wherever found ................
*
*
*
*
*
*
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2022–03114 Filed 2–16–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB791]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure of the
Atlantic bluefin tuna Angling category
southern area large medium and giant
fishery for 2022.
AGENCY:
NMFS closes the southern
area Angling category fishery for large
medium and giant (‘‘trophy’’ (i.e.,
measuring 73 inches (185 cm) curved
fork length or greater)) Atlantic bluefin
tuna (BFT). This action applies to
Highly Migratory Species (HMS)
Angling category permitted vessels and
Atlantic HMS Charter/Headboat
permitted vessels when fishing
recreationally.
SUMMARY:
Effective 11:30 p.m., local time,
February 12, 2022, through December
31, 2022.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velsboer@noaa.gov, 978–281–
9260, or Thomas Warren,
thomas.warren@noaa.gov, 978–281–
9347.
lotter on DSK11XQN23PROD with RULES1
DATES:
Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
SUPPLEMENTARY INFORMATION:
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15:53 Feb 16, 2022
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Status
Angling Category Large Medium and
Giant Southern ‘‘Trophy’’ Fishery
Closure
Based on landings data from the
NMFS Automated Catch Reporting
PO 00000
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*
*
84 FR 15446, 4/15/2019; 86 FR 47022,
8/23/2021;N 87 FR [INSERT Federal
Register PAGE WHERE THE DOCUMENT BEGINS], 2/17/2022.
E
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
Under § 635.28(a)(1), NMFS files a
closure notice with the Office of the
Federal Register for publication when a
BFT quota (or subquota) is reached or is
projected to be reached. Retaining,
possessing, or landing BFT under that
quota category is prohibited on and after
the effective date and time of a closure
notice for that category, for the
remainder of the fishing year, until the
opening of the subsequent quota period
or until such date as specified.
The 2022 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2022. The
Angling category season opened January
1, 2022, and continues through
December 31, 2022. The Angling
category baseline quota is 232.4 metric
tons (mt), of which 5.3 mt is allocated
for the harvest of large medium and
giant (trophy) BFT by vessels fishing
under the Angling category quota, with
1.8 mt allocated for each of the
following areas: North of 39°18′ N lat.
(off Great Egg Inlet, NJ); south of 39°18′
N lat. and outside the Gulf of Mexico
(the ‘‘southern area’’); and in the Gulf of
Mexico. Trophy BFT measure 73 inches
(185 cm) curved fork length or greater.
Listing citations and applicable rules
*
*
System and the North Carolina Tagging
Program, as well as average catch rates
and anticipated fishing conditions,
NMFS projects the Angling category
southern area trophy BFT subquota of
1.8 mt will be reached shortly.
Therefore, retaining, possessing, or
landing large medium or giant (i.e.,
measuring 73 inches (185 cm) curved
fork length or greater) BFT south of
39°18′ N lat. and outside the Gulf of
Mexico by persons aboard Angling
category permitted vessels and Atlantic
HMS Charter/Headboat permitted
vessels (when fishing recreationally)
must cease at 11:30 p.m. local time on
February 12, 2022. This closure will
remain effective through December 31,
2022. This action applies to Angling
category permitted vessels and Atlantic
HMS Charter/Headboat permitted
vessels when fishing recreationally for
BFT, and is taken consistent with the
regulations at § 635.28(a)(1). This action
is intended to prevent overharvest of the
Angling category southern area trophy
BFT subquota.
If needed, subsequent Angling
category adjustments will be published
in the Federal Register. Information
regarding the Angling category fishery
for Atlantic tunas, including daily
retention limits for BFT measuring 27
inches (68.5 cm) to less than 73 inches
(185 cm) and any further Angling
category adjustments, is available at
hmspermits.noaa.gov or by calling (978)
281–9260. HMS Angling and HMS
Charter/Headboat permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure/.
HMS Charter/Headboat and Angling
category vessel owners are required to
report the catch of all BFT retained or
E:\FR\FM\17FER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8981-8983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03114]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2021-0138; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG58
Endangered and Threatened Wildlife and Plants; Adding Rice's
Whale to and Updating Three Humpback Whale Entries 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 Rice's whale (Balaenoptera ricei). We are also updating the
entries for the Central America, Mexico, and Western North Pacific
distinct population segments (DPSs) of humpback whales (Megaptera
novaeangliae) to reflect the designation of critical habitat for these
DPSs. 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:
Effective date: This rule is effective February 17, 2022.
Applicability date: The Rice's whale listing was applicable as of
October 22, 2021. The humpback whale critical habitat designations were
applicable as of May 21, 2021.
FOR FURTHER INFORMATION CONTACT: Caitlin Snyder, Chief, Branch of
Domestic Listing, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg
Pike, Falls Church, VA 22041-3803; telephone 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 specified 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 species or a
threatened species. 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. 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 8, 2016, NMFS published a proposed rule to list the
Gulf of Mexico Bryde's whale as an endangered species (81 FR 88639).
NMFS solicited public comments on the proposed rule for 75 days (81 FR
88639, December 8, 2016; 81 FR 92760, December 20, 2016; 82 FR 9707,
February 8, 2017) and accepted public comments during a public hearing
on January 19, 2017. NMFS addressed all public comments received in
response to the proposed rule in its April 15, 2019, final rule (84 FR
15446) to list the Gulf of Mexico Bryde's whale as an endangered
species. NMFS determined that the Gulf of Mexico Bryde's whale is an
unnamed subspecies of Bryde's whales (Balaenoptera edeni). The listing
of the Gulf of Mexico Bryde's whale went into effect on May 15, 2019.
We did not publish an administrative action at that time to add the
Gulf of Mexico Bryde's whale to the List at 50 CFR 17.11(h).
On August 23, 2021, NMFS published a direct final rule (86 FR
47022) to revise the taxonomy and common name of Balaenoptera edeni
(unnamed subspecies; Bryde's Whale--Gulf of Mexico subspecies) to
reflect the most recently accepted scientific name, in
[[Page 8982]]
accordance with 50 CFR 224.101(e). Based on the best scientific data
available at that time, NMFS determined that revising the entry at 50
CFR 224.101(h) was warranted as follows: Change the common name from
Bryde's whale (Gulf of Mexico subspecies) to Rice's whale, change the
scientific name from Balaenoptera edeni (unnamed subspecies) to
Balaenoptera ricei, and change the description of the listed entity
from Bryde's whales that breed and feed in the Gulf of Mexico to
``wherever found.'' NMFS provided an opportunity for the public to
submit significant adverse comments in response to the direct final
rule; they received none. The direct final rule went into effect on
October 22, 2021. By publishing this final rule, we are taking the
necessary administrative step to amend the List at 50 CFR 17.11(h) to
include the Rice's whale.
We are also updating the entries on the List for the Central
America, Mexico, and Western North Pacific DPSs of humpback whales to
reflect the designation of critical habitat for these three DPSs. On
October 9, 2019, NMFS published a proposed rule (84 FR 54354)
identifying critical habitat for these three DPSs of humpback whales
and solicited public comments on the proposed rule through January 31,
2020 (see 84 FR 65346, November 27, 2019). NMFS also solicited public
comments at six public hearings (84 FR 55530, October 17, 2019; 84 FR
65346, November 27, 2019). NMFS addressed all public comments received
in its April 21, 2021, final rule (86 FR 21082) designating critical
habitat for these three DPSs.
The humpback whale critical habitat designations went into effect
on May 21, 2021. 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 an opportunity for public comment on the
proposed rules for these taxa, and because this action of the Service
to amend the List in accordance with the determinations 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 by listing Rice's whale in 50 CFR part 224 and
designating critical habitat for the Central America, Mexico, and
Western North Pacific DPSs of humpback whales in 50 CFR part 226; this
rule is an administrative action to add one species to, and update the
entries of three species on, 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,
need not be prepared in connection with regulations adopted pursuant to
section 4(a) of the Act. We published a notice outlining 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, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the CFR, 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, in paragraph (h), the List of Endangered and
Threatened Wildlife, under mammals, by:
0
a. Revising the entries for ``Whale, humpback [Central America DPS],''
``Whale, humpback [Mexico DPS],'' and ``Whale, humpback [Western North
Pacific DPS];'' and
0
b. Adding an entry in alphabetical order for ``Whale, Rice's''.
The revisions and addition read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Whale, humpback [Central America Megaptera Central America E 35 FR 8491, 6/2/
DPS]. novaeangliae. DPS--see 50 CFR 1970; 35 FR 18319,
224.101. 12/2/1970; 81 FR
62260, 9/8/
2016;\N\ 81 FR
93639, 12/21/2016;
87 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS],
2/17/2022; 50 CFR
226.227.\CH\
Whale, humpback [Mexico DPS].... Megaptera Mexico DPS--see 50 T 35 FR 8491, 6/2/
novaeangliae. CFR 223.102. 1970; 35 FR 18319,
12/2/1970; 81 FR
62260, 9/8/
2016;\N\ 81 FR
93639, 12/21/2016;
87 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS],
2/17/2022; 50 CFR
223.213; 50 CFR
223.214; 50 CFR
226.227.\CH\
Whale, humpback [Western North Megaptera Western North E 35 FR 8491, 6/2/
Pacific DPS]. novaeangliae. Pacific DPS--see 1970; 35 FR 18319,
50 CFR 224.101. 12/2/1970; 81 FR
62260, 9/8/
2016;\N\ 81 FR
93639, 12/21/2016;
87 FR [INSERT
Federal Register
PAGE WHERE THE
DOCUMENT BEGINS],
2/17/2022; 50 CFR
224.103; 50 CFR
226.227.\CH\
[[Page 8983]]
* * * * * * *
Whale, Rice's................... Balaenoptera ricei. Wherever found..... E 84 FR 15446, 4/15/
2019; 86 FR 47022,
8/23/2021;\N\ 87
FR [INSERT Federal
Register PAGE
WHERE THE DOCUMENT
BEGINS], 2/17/
2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-03114 Filed 2-16-22; 8:45 am]
BILLING CODE 4333-15-P
