Rule2022-09424
Endangered and Threatened Wildlife and Plants; Removing Siderastrea glynni From 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
May 3, 2022
Effective
May 3, 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 removing the coral Siderastrea glynni. This amendment is based on a previously published determination by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for this species.
Full Text
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<title>Federal Register, Volume 87 Issue 85 (Tuesday, May 3, 2022)</title>
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[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Rules and Regulations]
[Pages 26141-26142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09424]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2022-0021; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BG60
Endangered and Threatened Wildlife and Plants; Removing
Siderastrea glynni From 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
removing the coral Siderastrea glynni. This amendment is based on a
previously published determination by the National Marine Fisheries
Service (NMFS) of the National Oceanic and Atmospheric Administration,
Department of Commerce, which has jurisdiction for this species.
DATES: This rule is effective May 3, 2022.
Applicability date: The delisting of S. glynni was effective
January 31, 2022.
ADDRESSES: This rule and the NMFS proposed and final rules may be found
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-HQ-ES-2022-
0021.
FOR FURTHER INFORMATION CONTACT: Elizabeth Maclin, Chief, Branch of
Delisting and Foreign Species, U.S. Fish and Wildlife Service, MS: ES,
5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2646.
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 taxon 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 or threatened
species. Under section 4(a)(2)(B) of the Act, if NMFS determines that a
species should be removed from the List (delisted), or that a species'
status should be changed from an endangered to a threatened species,
then NMFS is required to recommend the status change to the Service.
NMFS makes these determinations via its rulemaking process. If the
Service concurs with the recommended status change, then the Service
will implement the status change by publishing a final rule to amend
the List in title 50 of the Code of Federal Regulations (CFR) at 50 CFR
17.11(h).
On May 4, 2021, NMFS published a proposed rule (86 FR 23657) to
remove S. glynni from the Federal List of Endangered and Threatened
Wildlife. NMFS solicited public comments on the proposed rule through
July 6, 2021. On December 30, 2021, NMFS published a final rule (86 FR
74378) to remove S. glynni from the Federal List of Endangered and
Threatened Wildlife.
The delisting of S. glynni was effective January 31, 2022. In the
December 30, 2021, final rule (86 FR 74378), 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).
[[Page 26142]]
Administrative Procedure Act
Because NMFS provided an opportunity for public comment on the
proposed rule for this taxon, and we concur with the NMFS action, we
find 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 rule removed protection under the Act for this species and removed
the species from the List at 50 CFR 224.101(h); this rule is an
administrative action to remove the species from 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 CFR, as set forth below.
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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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.
Sec. 17.11 [Amended]
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2. Amend Sec. 17.11 in paragraph (h) in the List of Endangered and
Threatened Wildlife under Corals by removing the entry for ``Coral, (no
common name) (Siderastrea glynni)''.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-09424 Filed 5-2-22; 8:45 am]
BILLING CODE 4333-15-P
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