Rule2022-03114
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2022
Effective
February 17, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03114]
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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.
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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 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) * * *
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Listing citations
Common name Scientific name Where listed Status and applicable
rules
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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.
* * * * * * *
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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
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</html>Indexed from Federal Register on February 17, 2022.
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