[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52576-52578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21078]
[[Page 52576]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2014-0037; 4500030113]
RIN 1018-BA55
Endangered and Threatened Wildlife and Plants; Adding 10 Species
to the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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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 foreign sturgeon (Adriatic sturgeon (Acipenser
naccarii), Chinese sturgeon (A. sinensis), European sturgeon (A.
sturio), Kaluga sturgeon (Huso dauricus), and Sakhalin sturgeon (A.
mikadoi)); four distinct population segments (DPSs) of scalloped
hammerhead shark (Sphyrna lewini) (Central and Southwest Atlantic
(Central & SW Atlantic) DPS, Eastern Atlantic DPS, Indo-West Pacific
DPS, and Eastern Pacific DPS); and a nonessential experimental
population of Upper Columbia River spring-run Chinook salmon
(Oncorhynchus tshawytscha). 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 September 4, 2014. Applicability dates:
The five sturgeon listings are effective as of July 2, 2014; the
scalloped hammerhead shark DPS listings are effective as of September
2, 2014; and the designation of a nonessential experimental population
of Upper Columbia River spring-run Chinook salmon is effective as of
August 11, 2014.
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 and anadromous 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 the Code of Federal Regulations (CFR) at 50
CFR 17.11(h).
On October 31, 2013, NMFS published a proposed rule (78 FR 65249)
to list the Adriatic sturgeon, Chinese sturgeon, European sturgeon,
Kaluga sturgeon, and Sakhalin sturgeon as endangered species. NMFS
solicited public comments on the proposed rule through December 30,
2013. On June 2, 2014, NMFS published a final rule (79 FR 31222) to
list the five species of sturgeon as endangered species. The listing is
effective as of July 2, 2014. In that final rule, 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 in the CFR.
On April 5, 2013, NMFS published a proposed rule (78 FR 20718) to
list four DPSs of scalloped hammerhead shark under the Act. NMFS
proposed to list the Central & SW Atlantic DPS and Indo-West Pacific
DPS as threatened species, and the Eastern Atlantic DPS and Eastern
Pacific DPS as endangered species. NMFS solicited public comments on
the proposed rule through June 4, 2013. On July 3, 2014, NMFS published
a final rule (79 FR 38214) to list the Central & SW Atlantic DPS and
Indo-West Pacific DPS of scalloped hammerhead shark as threatened
species, and the Eastern Atlantic DPS and Eastern Pacific DPS of
scalloped hammerhead shark as endangered species. The listing is
effective as of September 2, 2014. In that final rule, 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 in the CFR.
On October 24, 2013, NMFS published a proposed rule (78 FR 63439)
to designate and authorize the release of a nonessential experimental
population (NEP) of Upper Columbia River spring-run Chinook salmon
under section 10(j) of the Act in the Okanogan River subbasin, and to
establish a limited set of take prohibitions for that population. NMFS
solicited public comments on the proposed rule through December 9,
2013. On July 11, 2014, NMFS published a final rule (79 FR 40004) to
designate and authorize the release of this NEP of Upper Columbia River
spring-run Chinook salmon in the Okanogan River subbasin, and
established a limited set of take prohibitions for this NEP. The
listing is effective as of August 11, 2014. In that final rule, 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 in the CFR.
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 parts 223 and 224; this rule is an
administrative action to add the species to the List of Endangered and
Threatened Wildlife 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.
[[Page 52577]]
0
2. Amend Sec. 17.11(h) by adding entries to the List of Endangered and
Threatened Wildlife under FISHES as follows:
0
a. Immediately following the entry for ``Salmon, Chinook (Upper
Columbia River spring-run ESU)'', add an entry for ``Salmon, Chinook
(Upper Columbia River spring-run ESU-XN)''; and
0
b. In alphabetical order, add entries for ``Shark, scalloped hammerhead
(Central & SW Atlantic DPS)''; ``Shark, scalloped hammerhead (Eastern
Atlantic DPS)''; ``Shark, scalloped hammerhead (Eastern Pacific DPS)'';
``Shark, scalloped hammerhead (Indo-West Pacific DPS)''; ``Sturgeon,
Adriatic''; ``Sturgeon, Chinese''; ``Sturgeon, European''; ``Sturgeon,
Kaluga''; and ``Sturgeon, Sakhalin''.
The additions read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
-------------------------------------------------------- population where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
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* * * * * * *
FISHES
* * * * * * *
Salmon, Chinook (Upper Columbia Oncorhynchus North America from Upper Columbia XN 845 NA 223.301
River spring-run ESU--XN). tshawytscha. Ventura River in River spring-run
California to ESU--XN--see 50
Point Hope, CFR 223.102.
Alaska, and the
Mackenzie River
area in Canada;
northeast Asia
from Hokkaido,
Japan, to the
Anadyr River,
Russia.
* * * * * * *
Shark, scalloped hammerhead Sphyrna lewini...... Central and Central & SW T 845 NA NA
(Central & SW Atlantic DPS). Southwest Atlantic Atlantic DPS--see
Ocean, including 50 CFR 223.102.
Caribbean Sea.
Shark, scalloped hammerhead Sphyrna lewini...... Eastern Atlantic Eastern Atlantic E 845 NA NA
(Eastern Atlantic DPS). Ocean, including DPS--see 50 CFR
Mediterranean Sea. 224.101.
Shark, scalloped hammerhead Sphyrna lewini...... Eastern Pacific Eastern Pacific E 845 NA NA
(Eastern Pacific DPS). Ocean. DPS--see 50 CFR
224.101.
Shark, scalloped hammerhead (Indo- Sphyrna lewini...... Indian Ocean and Indo-West Pacific T 845 NA NA
West Pacific DPS). Western Pacific DPS--see 50 CFR
Ocean. 223.102.
* * * * * * *
Sturgeon, Adriatic............... Acipenser naccarii.. Adriatic Sea....... Entire............. E 845 NA NA
* * * * * * *
Sturgeon, Chinese................ Acipenser sinensis.. Northwest Pacific Entire............. E 845 NA NA
Ocean in China,
Japan, South
Korea, and North
Korea.
Sturgeon, European............... Acipenser sturio.... North Sea, the Entire............. E 845 NA NA
English Channel,
and most European
coasts of the
Atlantic Ocean,
the Mediterranean
Sea, and the Black
Sea.
* * * * * * *
Sturgeon, Kaluga................. Huso dauricus....... Amur River basin, Entire............. E 845 NA NA
Sea of Okhotsk and
the Sea of Japan.
[[Page 52578]]
* * * * * * *
Sturgeon, Sakhalin............... Acipenser mikadoi... Northwest Pacific Entire............. E 845 NA NA
Ocean in Japan and
Russia.
* * * * * * *
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* * * * *
Dated: August 25, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-21078 Filed 9-3-14; 8:45 am]
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