[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16284-16286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6188]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AV16
Endangered and Threatened Wildlife and Plants; Adding Four Marine
Taxa to the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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[[Page 16285]]
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are adding
four marine taxa to the List of Endangered and Threatened Wildlife
(List) in accordance with the Endangered Species Act of 1973, as
amended. These amendments are based on previously published
determinations by the National Marine Fisheries Service (NMFS),
National Oceanic and Atmospheric Administration, Department of
Commerce, which has jurisdiction for these species. These four taxa are
the Southern Distinct Population Segment (DPS) of green sturgeon
(Acipenser medirostris), staghorn (Acropora cervicornis) and elkhorn
(Acropora palmata) corals, and the Southern Resident killer whale DPS
(Orcinus orca).
DATES: This rule is effective April 4, 2007.
Applicability dates: The Southern DPS of the North American green
sturgeon (Acipenser medirostris) listing is applicable as of June 6,
2006. The elkhorn coral (Acropora palmata) and staghorn coral (Acropora
cervicornis) listing is applicable as of June 8, 2006. The Southern
Resident killer whale DPS (Orcinus orca) listing is applicable as of
February 16, 2006.
FOR FURTHER INFORMATION CONTACT: Branch of Listing, Endangered Species
Program, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail
Stop 420, Arlington, Virginia 22203 (703-358-2105).
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act and the Reorganization Plan No. 4 of
1970, NMFS has jurisdiction over these taxa. Under section 4(a)(2) of
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), NMFS must decide whether a species under its jurisdiction should
be classified as endangered or threatened. The Service is responsible
for the actual amendment of the List in 50 CFR 17.11(h).
On April 6, 2005, NMFS published a proposed rule (70 FR 17386) to
list the Southern DPS of the North American green sturgeon (Acipenser
medirostris) as threatened. During the public comment period for that
proposed rule, NMFS received 32 comments. On April 7, 2006, NMFS
published a final rule to list the Southern DPS of the North American
green sturgeon as threatened (71 FR 17757). The listing was effective
as of June 6, 2006. In that final rule, NMFS addressed all public
comments received in response to the proposed rule.
On May 9, 2005, NMFS published a proposed rule (70 FR 24359) to
list the elkhorn coral (Acropora palmata) and staghorn coral (Acropora
cervicornis) as threatened. During the public comment period for that
proposed rule, NMFS received 1,393 comments. On May 9, 2006, NMFS
published a final rule to list the elkhorn and staghorn corals as
threatened (71 FR 26852). The listing was effective as of June 8, 2006.
In that final rule, NMFS addressed all public comments received in
response to the proposed rule.
On December 22, 2004, NMFS published a proposed rule (69 FR 76673)
to list the Southern Resident killer whale DPS (Orcinus orca) as
threatened. During the public comment period for that proposed rule,
NMFS received 1,326 comments. On November 18, 2005, NMFS published a
final rule to list the Southern Resident killer whale DPS as threatened
(70 FR 69903). The listing was effective as of February 16, 2006. In
that final rule, NMFS addressed all public comments received in
response to the proposed rule.
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 of Endangered and
Threatened Species in 50 CFR 17.11(h). The public would not be served
by delaying the effective date of this rulemaking action.
For more information concerning these two listing determinations,
please consult the respective rules published in the Federal Register.
Required Determinations
National Environmental Policy Act
The Service has 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. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. We may not conduct or sponsor, and you are not required
to respond to, a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, part 17, subchapter B of chapter I, title 50 of the Code
of Federal Regulations, is amended 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; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
0
2. Amend Sec. 17.11(h) by:
0
a. Adding the subheading ``CORALS'' at the end of the table; and
0
b. Adding the following entries, in alphabetical order under MAMMALS,
FISHES, and CORALS, respectively, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 16286]]
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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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MAMMALS
* * * * * * *
Whale, killer.................... Orcinus orca........ Pacific Ocean...... Southern Resident E 756 NA NA
DPS, which
consists of whales
from the J, K, and
L pods, wherever
they are found in
the wild.
* * * * * * *
FISHES
* * * * * * *
Sturgeon, North America green.... Acipenser U.S.A. (CA)........ U.S.A. (CA) T 756 NA NA
medirostris. Southern Distinct
Population
Segment, which
includes all
spawning
populations south
of the Eel River
(exclusive),
principally
including the
Sacramento River
spawning
population.
* * * * * * *
CORALS
Coral, elkhorn................... Acropora palmata.... U.S.A. (FL, PR, VI, N/A................ T 756 NA NA
Navassa); and
wider Caribbean-
Belize, Colombia,
Costa Rica,
Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
Coral, staghorn.................. Acropora cervicornis U.S.A. (FL, PR, VI, N/A................ T 756 NA NA
Navassa); and
wider Caribbean-
Belize, Colombia,
Costa Rica,
Guatemala,
Honduras, Mexico,
Nicaragua, Panama,
Venezuela, and all
the islands of the
West Indies.
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Dated: March 23, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E7-6188 Filed 4-3-07; 8:45 am]
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