Rule2022-24741
Endangered and Threatened Updating Entries for Two Species on and Removing Johnson's Seagrass From the Lists of Endangered and Threatened Wildlife and Plants Wildlife and Plants
Primary source
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Published
November 15, 2022
Effective
November 15, 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 (Act), as amended, are amending the List of Endangered and Threatened Plants by removing Johnson's seagrass (Halophila johnsonii). We are also amending the List of Endangered and Threatened Wildlife by updating the entries for the Arctic subspecies of the ringed seal (Pusa hispida hispida) and the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies (Erignathus barbatus nauticus) to reflect the final designation of critical habitat for this subspecies and DPS, respectively. 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 219 (Tuesday, November 15, 2022)</title>
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[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68381-68382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24741]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2022-0111; FF09E22000 FXES11130900000 201]
RIN 1018-BG87
Endangered and Threatened Updating Entries for Two Species on and
Removing Johnson's Seagrass From the Lists of Endangered and Threatened
Wildlife and Plants Wildlife and Plants
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 (Act), as amended,
are amending the List of Endangered and Threatened Plants by removing
Johnson's seagrass (Halophila johnsonii). We are also amending the List
of Endangered and Threatened Wildlife by updating the entries for the
Arctic subspecies of the ringed seal (Pusa hispida hispida) and the
Beringia distinct population segment (DPS) of the Pacific bearded seal
subspecies (Erignathus barbatus nauticus) to reflect the final
designation of critical habitat for this subspecies and DPS,
respectively. 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 November 15, 2022. Applicability date:
The Johnson's seagrass delisting was effective May 16, 2022. The Arctic
subspecies of the ringed seal and the Beringia DPS of the bearded seal
critical habitat designations were both effective May 2, 2022.
FOR FURTHER INFORMATION CONTACT: Rachel London, Acting Chief, Branch of
Delisting and Foreign Species, U.S. Fish and Wildlife Service, MS: ES,
5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2491; or
Caitlin Snyder, Chief, Branch of Domestic Listing, U.S. Fish and
Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; 703-358-2171. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
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 or a threatened
species. Under section 4(a)(2)(B) of the Act, if NMFS determines that a
species should be removed from the Lists of Endangered and Threatened
Wildlife and Plants (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 Lists of
Endangered and Threatened Wildlife and Plants (List or Lists) in title
50 of the Code of Federal Regulations (CFR) at 50 CFR 17.11(h) and
17.12(h).
On December 23, 2021, NMFS published a proposed rule (86 FR 72908)
to remove Johnson's seagrass from the Federal List of Endangered and
Threatened Plants. NMFS solicited public comments on the proposed rule
through February 22, 2022. On April 14, 2022, NMFS published a final
rule (87 FR 22137) to remove Johnson's seagrass from the Federal List
of Endangered and Threatened Plants.
The delisting of Johnson's seagrass was effective May 16, 2022. In
the April 14, 2022, final rule (87 FR 22137), NMFS addressed all public
comments received in response to the proposed rule. In a June 10, 2022,
letter (Letter from Gary Frazer to Kimberly Damon-Randall, June 10,
2022), per section 4(a)(2)(B), we concurred with NMFS's recommendation
that the Johnson's seagrass should be removed from the List of
Endangered and Threatened Plants. By publishing this final rule, we are
simply taking the necessary administrative step to codify these changes
in the List at 50 CFR 17.12(h).
We are also updating the entries on the List of Endangered and
Threatened Wildlife for the Arctic subspecies of the ringed seal and
the Beringia DPS of the bearded seal to reflect the final designation
of critical habitat for this subspecies and DPS, respectively. On
January 8, 2021, NMFS published a revised proposed rule (86 FR 1452) to
designate critical habitat for the Arctic subspecies of the ringed
seal, published a proposed rule (86 FR 1433) to designate critical
habitat for the Beringia DPS of the bearded seal, and solicited public
comments on both proposed rules through March 9, 2021 (86 FR 1452,
January 8, 2021; 86 FR 1433, January 8, 2021). NMFS also solicited
public comments at three public hearings for both proposed rules (see
86 FR 7686; February 1, 2021). In response to requests, NMFS extended
the public comment period for both proposed rules through April 8, 2021
(see 86 FR 13517, March 9, 2021; 86 FR 13518, March 9, 2021). NMFS
addressed all public comments received in response to both proposed
rules, and on April 1, 2022, published a final rule (87 FR 19232)
designating critical habitat for the Arctic subspecies of the ringed
seal and a final rule (87 FR 19180) designating critical habitat for
the Beringia DPS of the bearded seal. The Arctic subspecies of the
ringed seal and the Beringia DPS of the bearded seal critical habitat
designations were both effective May 2, 2022. 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).
Administrative Procedure Act
Because NMFS provided an opportunity for public comment on the
proposed rule to delist Johnson's seagrass, and we concurred 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. Because
[[Page 68382]]
NMFS provided an opportunity for public comment on the proposed rules
to designate critical habitat for the Arctic subspecies of the ringed
seal and the Beringia DPS of the bearded seal, 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 final rule
to delist Johnson's seagrass (87 FR 22137; April 14, 2022) removed
protection under the Act for this species, removed the species from the
table at 50 CFR 223.102(e), and removed its critical habitat
designation at 50 CFR 226.213. The April 1, 2022, NMFS critical habitat
final rules (87 FR 19232 and 87 FR 19180) extended protection under the
Act for the Arctic subspecies of the ringed seal and the Beringia DPS
of the bearded seal, and amended 50 CFR parts 223 and 226 to designate
critical habitat for the Arctic subspecies of the ringed seal and the
Beringia DPS of the bearded seal. This rule is an administrative action
to remove one species from the List at 50 CFR 17.12(h) and update two
species' entries 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 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, 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. In Sec. 17.11, amend paragraph (h) by revising the entries for
``Seal, bearded [Beringia DPS]'' and ``Seal, ringed (Arctic
subspecies)'' under MAMMALS in the List of Endangered and Threatened
Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Listing citations and
Common name Scientific name Where listed Status applicable rules
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Mammals
* * * * * * *
Seal, bearded [Beringia DPS].... Erignathus barbatus Beringia DPS--see T 77 FR 76740, 12/28/
nauticus. 50 CFR 223.102. 2012;\N\
79 FR 42687, 7/23/2014;
50 CFR 226.229.\CH\
* * * * * * *
Seal, ringed (Arctic subspecies) Phoca (=Pusa) Wherever found..... T 77 FR 76706, 12/28/
hispida hispida. 2012;\N\
79 FR 42687, 7/23/2014;
50 CFR 226.228.\CH\
* * * * * * *
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Sec. 17.12 [Amended]
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3. In Sec. 17.12, amend paragraph (h) by removing the entry for
``Halophila johnsonii'' under FLOWERING PLANTS from the List of
Endangered and Threatened Plants.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-24741 Filed 11-14-22; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on November 15, 2022.
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