[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3914-3916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01348]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2014-0066; 4500030113]
RIN 1018-BA68
Endangered and Threatened Wildlife and Plants; Adding Five
Species of Sawfish to 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 five species of sawfish: Narrow sawfish (Anoxypristis
cuspidata), dwarf sawfish (Pristis clavata), largetooth sawfish
(collectively Pristis pristis; formerly Pristis pristis, Pristis
microdon, and Pristis perotteti), green sawfish (Pristis zijsron), and
the non-U.S. distinct population segment (DPS) of smalltooth sawfish
(Pristis pectinata). These amendments are based on previously published
determinations by the National Marine Fisheries Service (NMFS) of the
National Oceanic and Atmospheric Administration, Department of
Commerce, which has jurisdiction for these species.
DATES: This rule is effective January 26, 2015. Applicability date: The
five sawfish listings are applicable as of January 12, 2015.
FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of
Endangered Species Listing, 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 List in title 50 of the Code of Federal Regulations (CFR) at
50 CFR 17.11(h).
[[Page 3915]]
On June 4, 2013, NMFS published a proposed rule (78 FR 33300) to
list the narrow sawfish (Anoxypristis cuspidata), dwarf sawfish
(Pristis clavata), largetooth sawfish (collectively Pristis pristis;
formerly Pristis pristis, Pristis microdon, and Pristis perotteti),
green sawfish (Pristis zijsron), and the non-U.S. distinct population
segment (DPS) of smalltooth sawfish (Pristis pectinata) as endangered
species. NMFS solicited public comments on the proposed rule through
August 5, 2013. On August 7, 2013, NMFS published a notice extending
the comment period through September 19, 2013 (78 FR 48134). On
December 12, 2014, NMFS published a final rule (79 FR 73977) to list
the five species of sawfish as endangered species. The largetooth
sawfish (P. perotteti) was already listed under the Act as endangered
on July 12, 2011 (76 FR 40822), but this final listing concerns the
entire largetooth sawfish species (P. pristis) as it is currently
classified, which also includes the species formerly classified as P.
perotteti and P. microdon.
The listing of the five sawfish species is effective as of January
12, 2015. In the December 12, 2014, final rule (79 FR 73977), NMFS
addressed all public comments received in response to the proposed
rule. By publishing this final rule, we are simply taking the necessary
administrative step to codify these changes in the List at 50 CFR
17.11(h). We are also revising the current CFR entry for the U.S. DPS
of smalltooth sawfish to make the presentation of information in that
entry consistent with the new sawfish entries being added to the List
via this rule; the changes to that entry are not substantive.
Administrative Procedure Act
Because NMFS provided a public comment period on the proposed rules
for these taxa, and because this action of the Service to amend the
List in accordance with the determination by NMFS is nondiscretionary,
the Service finds good cause that the notice and public comment
procedures of 5 U.S.C. 553(b) are unnecessary for this action. We also
find good cause under 5 U.S.C. 553(d)(3) to make this rule effective
immediately. The NMFS rules extended protection under the Act to these
species and listed them in 50 CFR part 224; this rule is an
administrative action to add the species 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,
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--[AMENDED]
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. Amend Sec. 17.11(h), in the List of Endangered and Threatened
Wildlife, under Fishes by:
0
a. Revising the entries for ``Sawfish, largetooth'' and ``Sawfish,
smalltooth (United States DPS)'' to read as set forth below; and
0
b. Adding entries in alphabetical order for: ``Sawfish, dwarf'';
``Sawfish, green''; ``Sawfish, narrow''; and ``Sawfish, smalltooth
(Non-U.S. DPS)'', to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
---------------------------------------------------------- population where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Sawfish, dwarf.................... Pristis clavata...... Indo-Pacific, Western Entire............... E 856 NA NA
Pacific, and eastern
Indian Oceans.
Sawfish, green.................... Pristis zijsron...... Indo-Pacific Ocean, Entire............... E 856 NA NA
Persian Gulf, Red
Sea.
Sawfish, largetooth............... Pristis pristis Indian, Indo-Pacific, Entire............... E 856 NA NA
(formerly Pristis Eastern Pacific, and
perotteti, Pristis Atlantic Oceans,
pristis, and Pristis Gulf of Mexico.
microdon).
Sawfish, narrow................... Anoxypristis Indian and Western Entire............... E 856 NA NA
cuspidata. Pacific Oceans, Red
Sea.
Sawfish, smalltooth (Non-U.S. DPS) Pristis pectinata.... Atlantic Ocean, Smalltooth sawfish E 856 NA NA
Caribbean Sea, Gulf originating from non-
of Mexico. U.S. waters.
Sawfish, smalltooth (U.S. DPS).... Pristis pectinata.... North Atlantic Ocean Smalltooth sawfish E 748 226.218 NA
(Mediterranean, U.S. originating from
Atlantic, and Gulf U.S. waters.
of Mexico) and the
Southwest Atlantic
Ocean.
[[Page 3916]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: January 9, 2015.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-01348 Filed 1-23-15; 8:45 am]
BILLING CODE 4310-55-P